Senate
Regular Calendar
Amendment Packet
Thursday., April16., 2015 Council on Pensions and lnsurance1 FILED I ·I Date ,q 31(5 Amendment No., ___.__ ___ Time lj '. :0± Clerk b-1±\-t.: 111111111111111111111111111111111111111111111 SA0229 Comm. Amdt.
AMEND Senate Bill No. 1335 House Bill No. 1232*
by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 8-27-101(a), is amended by
adding the following language between the language "the commissioner of finance and
administration," and the language "a member to be appointed by":
the chair of the senate finance, ways and means committee, the chair of the
house of representatives finance, ways and means committee,
SECTION 2. This act shall take effect upon becoming a law, the public welfare
requiring it.
0195151724 - 1 - Senate Judiciary Comm. Am. #1 FILED I I Date 4 tf 15 Amendment No. ____,L.,_ __ _ Time ____,_,I:'-"~'-74-'-:- Cierk I\M\1t Comm. Amdt. _l__
AMEND Senate Bill No. 1391 House Bill No. 1272* by adding the following as a new Section 2 and renumbering the subsequent section accordingly:
SECTION 2. Tennessee Code Annotated, Section 37-3-104, is amended by deleting the section in its entirety and substituting instead the following:
The commission shall be administered by an executive director who is appointed
by and serves at the pleasure of the members of the commission. The executive
director shall be a full-time employee of the commission and shall be responsible for the
administration of commission policies, rules, and guidelines and the proper management
and operation of the commission's programs and activities. The executive director shall
be an individual who is professionally trained in one (1) or more fields involving services
to children and youth, who has a working knowledge of programs for children and youth,
and who has previous employment experience in managing and delivering services to
children and youth.
- 1 - Senate State and Local Government Comm. Am. #1 FILEDAI Date 4 lb\IS Time II :1 S lllllllllllllllllllllllllllllllllllllllllllll Clerk ""'-'e\ K SA0397 Comm. Arndt. j__
by deleting all language after the e cling clause an s
SECTION 1. Tennessee Co Annotated, Title 5, Chapter 9, Part 1, is amended by
adding the following as a new section:
(a) The county legislative body is authorized to appropriate funds for affordable
housing or workforce housing.
(b) As used in this section:
(1) "Affordable housing" means housing that, on an annual basis, costs
thirty percent (30%) or less than the estimated median household income for
households earning sixty percent (60%) or less than the median household
income for the applicable county based on the number of persons in the
household, as established by the "Median Household Income in the Past 12
Months by Household Size" (B19019) from the most recently available United
States Census Bureau American Community Survey; and
(2) "Workforce housing" means housing that, on an annual basis, costs
thirty percent (30%) or less than the estimated median household income for
households earning more than sixty percent (60%) and not to exceed one
hundred twenty percent (120%) of the median household income for the
applicable county based on the number of persons in the household, as
established by the "Median Household Income in the Past12 Months by
Household Size" (B19019) from the most recently available United States
Census Bureau American Community Survey.
- 1 - *005492* SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
-2- *005492* Senate State and Local Government Comm. Am. #1 FILED I Date 4-lo(r5 II: 15 M-~ Comm. Amdt. _\__
AMEND Senate Bill N by deleting all language after the
SECTION 1. Tennessee Coae Annotated, Section 2-13-204(b)(4), is amended by
deleting the first two sentences in the subdivision and substituting instead the following
language:
If the office to be filled is a seat in the general assembly, then it shall be filled by
the members of the party's county executive committee who reside within that district. In
a county with two (2) or more districts, only members of the county executive committee
who reside within a particular district shall determine the method of nomination in that
district. If no member of the county executive committee resides within a senate district,
then the members of the county executive committees who represent precincts within
the senate district may nominate a candidate.
SECTION 2. Tennessee Code Annotated, Section 2-14-202(d)(3), is amended by
deleting the first sentence in its entirety and substituting instead the following:
If a vacancy as described in subdivision (d)(1) occurs~after the sixth Thursday
before the primary election, then the members of the county executive committees who
reside within the senate district may nominate a candidate to appear on the November
election ballot by any method authorized under the rules of the party; provided, however,
if no member of the county executive committee resides within the senate district, then
the members of the county executive committees who represent precincts within the
senate district may nominate a candidate.
- 1 - *005736* SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
- 2- *005736* FILED Date lf/1 VI\ Time .c;·. 1 S' Clerk cOA 111111111111111111111111111111111111111111111 SA0417 Comm. Amdt. /
AMEND Senate Bill No. 137* House Bill No. 695
by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 2-13-204(b)(4), is amended by
deleting the first two sentences in the subdivision and substituting instead the following
language:
If the office to be filled is a seat in the general assembly, then it shall be filled by
the members of the party's county executive committee who reside within that district. In
a county with two (2) or more districts, only members of the county executive committee
who reside within a particular district shall determine the method of nomination in that
district. If no member of the county executive committee resides within a district, then
the members of the county executive committees who represent precincts within the
district may nominate a candidate.
SECTION 2. Tennessee Code Annotated, Section 2-14-202(d)(3), is amended by
deleting the first sentence in its entirety and substituting instead the following:
If a vacancy as described in subdivision (d)(1) occurs after the sixth Thursday
before the primary election, then the members of the county executive committees who
reside within the senate district may nominate a candidate to appear on the November
election ballot by any method authorized under the rules of the party; provided, however,
if no member of the county executive committee resides within the senate district, then
the members of the county executive committees who represent precincts within the
senate district may nominate a candidate.
- 1 - *006090* SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
-2- *006090* FILED Date 1-f-/i.f-/5 Amoodmo~3 Time / Z: ~Lf'loll I\IIIII 1111111 Ill\ Ill\ IIIII IIIII IIIII \Ill Ill\ Clerk w13K SA0427 Comm. Amdt. S~sor
AMEND Senate Bill No. 610 House Bill No. 41 *
by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 40-11-150, is amended by deleting
subsection (h) and substituting instead the following:
(h)
(1) Any offender arrested for the offense of stalking, aggravated stalking,
or especially aggravated stalking, as defined in§ 39-17-315, or any criminal
offense defined in title 39, chapter 13, in which the alleged victim is a victim as
defined in§ 36-3-601, shall not be released within twelve (12) hours of the time
of arrest. The magistrate or other official duly authorized to release the offender
may, however, release the offender in less than twelve (12) hours if the official
finds that the offender is not a threat to the alleged victim.
(2) The findings shall be reduced to writing. The written findings must be
attached to the warrant and shall be preserved as a permanent part of the
record. The arresting officer shall make official note of the time of the arrest in
order to establish the beginning of the twelve-hour period required by this
subsection (h).
(3) If the offender is released prior to the conclusion of the twelve-hour
period, the official shall make all reasonable efforts to directly contact the victim
and inform the victim that the person charged with the offense will be released
prior to the conclusion of the twelve-hour period mandated in subdivision (h)(1).
- 1 - *006274* SECTION 2. Tennessee Code Annotated, Section 40-11-150, is amended by deleting subdivisions (k)(1) and (k)(2), redesignating subdivision (k)(3), and substituting instead the following:
(k)
(1) Any offender arrested for a violation of§ 71-6-119, involving physical
harm or abuse in which the alleged victim is an adult of advanced age as those
terms are defined in§ 71-6-102, shall not be released within twelve (12) hours of
the time of arrest. The magistrate or other official duly authorized to release the
offender may, however, release the offender in less than twelve (12) hours if the
official finds that the offender is not a threat to the alleged victim.
(2) The findings shall be reduced to writing. The written findings must be
attached to the warrant and shall be preserved as a permanent part of the
record. The arresting officer shall make official note of the time of arrest in order
to establish the beginning of the twelve-hour period required by this subsection
(k).
(3) If the offender is released prior to the conclusion of the twelve-hour
period, the official shall make all reasonable efforts to directly contact the victim
and inform the victim that the person charged with the offense will be released
prior to the conclusion of the twelve-hour period mandated in subdivision (k)(1).
SECTION 3. This act shall take effect upon becoming a law, the public welfare
requiring it.
- 2 - *006274* Senate Judiciary Comm. Am. #1 FILED Date lfII o I I 'i Time 'i : 0 If 4M I\IIIII 1111111 Ill\ Ill\ IIIII \\\\I IIIII Ill\ \Ill Clerk EDA SA0362 Comm. Arndt. _I_
AMEND Senate Bill No. 63 * House Bill No. 843
by deleting the language in subdivision (b)(1) in the amendatory language of SECTION 1 of the
bill alld substituting instead:
(1) The offender has been convicted of three (3) or more separate offenses of:
(A) Burglary, as defined in§ 39-14-402;
(B) Rape, as defined in § 39-13-503;
(C) Criminal homicide, as defined in § 39-13-201;
(D) Delivering or selling a controlled substance, as defined in § 39-
17-417;
(E) Criminal gang activity, as defined in§ 40-35-121;
(F) Prostitution, as defined in§ 39-13-512;
(G) .Theft, if the value of the property or services obtained is more than five
hundred dollars ($500), pursuant to title 39, chapter 14, part 1; or
(H) Vandalism, as defined in§ 39-14-408; and
AND FURTHER AMEND by deleting SECTION 2 and substituting instead the following:
SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it, and
shall apply to any person whose third or subsequent applicable offense is committed on or after
that date.
- 1 - *006087* Senate Judiciary Comm. Am. #1 FILED \ I Date +e:r J5 Amendment No .. ____,_ ___ Time I :~4 IIlli\\ ll\111111111111 lllll IIIli IIIli 1111\lll Clerk ""'-*1t SA0353 Comm. Arndt. _j__ f Sponsor
AMEND Senate Bill No. 1* House Bill No. 142 by deleting all language after the enacting clause and by substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 2, Chapter 5, Part 1, is amended by adding the following new section:
2-5-107.
This part shall not apply to a retention election in which a judge of the supreme
court, the court of appeals, or the court of criminal appeals seeks election to fill the office
to which the incumbent judge was appointed and confirmed. Title 17, chapter 4, part 1
shall govern such elections. · .
SECTION 2. Tennessee Code Annotated, Section 16-3-101(b), is amended by deleting the subsection in its entirety and substituting instead the following:
(b) A judge must have been a resident of the grand division, from which the
judge is appointed, for at least one (1) year immediately preceding appointment. For
purposes of this subsection, "resident" shall have the same meaning as defined in title 2,
chapter 2, part 1.
SECTION 3. Tennessee Code Annotated, Section 16-3-101(c), is amended by deleting the subsection in its entirety and substituting instead the following:
(c) Each judge shall be at least thirty-five (35) years of age at the time of
appointment, shall have been a resident of the state for at least five (5) consecutive
years immediately preceding appointment, and shall be licensed to practice law in this \ state. For purposes of this subsection, "resident" shall have the same meaning as
defined in title 2, chapter 2, part 1.
- 1 - *006094* SECTION 4. Tennessee Code Annotated, Section 16-4-102, is amended by deleting the section in its entirety and substituting instead the following:
16-4-102.
(a) The court of appeals shall be composed of twelve (12) judges, of whom no
more than four (4) shall be residents of the same grand division of the state.
Immediately preceding appointment, each judge shall be at least thirty (30) years of age,
shall have been a resident of the state for at least five (5) consecutive years, shall have
been a resident of the grand division from which the judge is appointed for at least one
(1) year, and shall be licensed to practice law in this state. For purposes of this
subsection, "resident" shall have the same meaning as defined in title 2, chapter 2, part
1.
SECTION 5. Tennessee Code Annotated, Section 16-5-102, is amended by deleting the second sentence and substituting instead the following:
Immediately preceding appointment, each judge shall be at least thirty (30) years of age,
shall have been a.resident of the state for at least five (5) consecutive years, shall have
been a resident of the grand division from which the judge is appointed for at least one
(1) year and shall be licensed to practice law in this state. For purposes of this
subsection, "resident" shall have the same meaning as defined in title 2, chapter 2, part
1'
SECTION 6. Tennessee Code Annotated, Section 17-1-103, is amended by deleting the section in its entirety and substituting instead the following:
(a) The judges otthe supreme court, the court of appeals, and the court of
criminal appeals shall be elected by the qualified voters of the state in a statewide
retention election conducted in accordance with chapter 4, part 1 of this title, and any
appointments to fill a vacancy or a full eight-year term shall be made in accordance with
chapter 4, part 1.
- 2 - *006094* (b) The chancelfors, circuit court judges, criminal court judges, and judges of any
other state trial court of record shall be elected by the qualified voters of their respective
judicial districts, as provided in the general election law set forth in title 2, and any
appointments due to a vacancy in any of these offices shall be made in accordance with
chapter 4, part 1.
SECTION 7. Tennessee Code Annotated, Section 17-1-301, is amended by deleting the section in its entirety and substituting instead the following:
If a vacancy occurs during the term of office of a judge of the supreme court, the
court of appeals, or the court of criminal appeals, then the governor shall appoint a
qualified person to fill the vacancy. The governor's appointee shall be confirmed and
shall stand for election in a retention election in accordance with chapter 4, part 1 of this
title.
SECTION 8. Tennessee Code Annotated, Section 17-1-302, is amended by deleting the section in its entirety.
SECTION 9. Tennessee Code Annotated, Section 17-4-101, is amended by deleting the section in its entirety and substituting instead the following:
17-4-101.
(a) The governor shall appoint a qualified person to fill a vacancy or a full eight
year term on the supreme court, the court of appeals, or the court of criminal appeals
whenever:
(1) A vacancy occurs as a result of death, resignation, retirement, failure
to be retained, or otherwise; or
(2) An incumbent judge of the supreme court, the court of appeals, or the
court of criminal appeals fails to file with the state election commission a written
declaration of candidacy or withdraws a declaration of candidacy within the
deadlines established by§ 17-4-106.
-3- *006094* (b) The governor's appointee shall not take office until the appointee has been
confirmed by the general assembly by vote or by default as provided in this part.
(c) Upon notice of an impending vacancy, the process of appointment and
confirmation in accordance with this part may proceed, however, a confirmed appointee
shall not take office until the vacancy actually occurs.
SECTION 10. Tennessee Code Annotated, Section 17-4-102, is amended by deleting the section in its entirety and substituting instead the following:
17-4-102.
(a) The governor shall provide written notice of an appointment to the supreme
court, the court of appeals, or the court of criminal appeals, and to the chief clerk of the
senate and the chief clerk of the house of representatives on the same day the
appointment is made. The chief clerks shall each refer the governor's notice of
appointment to the appropriate standing committee of their respective house as provided
by rul~.
(b) The chair of any standing committee of the general assembly to which a
notice of appointment pursuant to§ 17-4-102(a) is referred may request the Tennessee
bureau of investigation, as authorized by § 38-6-1 06(g), or other appropriate agencies to
perform appropriate financial and criminal background investigations and inquiries of an
appointee.
(c) The chair of any standing committee of the general assembly to which a
notice of appointment pursuant to§ 17-4-102(a) is referred may, in accordance with the
rules of the applicable house, conduct a hearing, vote to recommend confirmation or
rejection of the appointee, and submit a written report of the action taken to the
applicable clerk.
(d) Within the appropriate sixty-day period, established in accordance with§ 17-
4-103, the general assembly shall meet in joint session for the purpose of voting either to
confirm or to reject the governor's appointee. The votes of each house shall be made
- 4 - *006094* and tabulated separately. The governor's appointee shall be confirmed unless both
houses vote to reject the appointee by a majority of all the members to which each
house is entitled.
SECTION 11. Tennessee Code Annotated, Section 17-4-103, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-103.
(a)
(1) If the general assembly is in session when the appointment is made,
then the vote, if any, on confirmation of the governor's appointee shall occur
within sixty (60) consecutive calendar days immediately following the
appointment.
(2) If the general assembly is not in session when the appointment is
made, then the vote, if any, on confirmation of the governor's appointee shall
occur within sixty (60) consecutive calendar days, beginning immediately after
the general assembly next convenes following the appointment.
(b) If the general assembly fails to vote on confirmation of the governor's
appointee within sixty (60) consecutive calendar days as required in subsection (a), then
the appointee shall be deemed confirmed as of the following calendar day, regardless of
whether the general assembly is then in session.
SECTION 12. Tennessee Code Annotated, Section 17-4-104, is amended by
deleting the section in its entirety and by substituting instead the following:
17-4-104.
(a) A supreme court, court of appeals, or court of criminal appeals judge
confirmed in accordance with this part shall commence service in the office to
which the judge was confirmed:
(1) Upon confirmation, if the judge is confirmed to fill a vacancy
for an unexpired term:
-5- *006094* (2) September 1, if the judge is confirmed to a full eight-year term
prior to the September 1 on which the term begins; or
(3) Upon confirmation, if the judge is confirmed to a full eight
year term after the eight-year term has commenced on September 1.
The eight-year term of a supreme court, court of appeals, or court of
criminal appeals judge confirmed after September 1 shall end on the
same date as a judge confirmed on or prior to September 1.
(b) If the governor's appointee is rejected by the general assembly or is
withdrawn by the governor within sixty (60) calendar days of the applicable date
set out in§ 17-4-103, then the governor shall appoint another individual for a full
term or to fill a vacancy as provided in this part. Any appointee who has been
rejected by the general assembly is not eligible for reappointment to the same
office, until the next regular August election occurring at least one (1) year after
the appointment.
SECTION 13. Tennessee Code Annotated, Section 17-4-105, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-105.
(a) A judge, who has been appointed and confirmed for a full eight-year term on
the supreme court, the court of appeals, or the court of criminal appeals and who takes
office on September 1 at the beginning of the eight-year term in accordance with § 17-4-
104(a)(3), shall face a retention election at the next regular August election immediately
preceding the end of the eight-year term, as provided in § 17-4-106.
(b) A judge, who has been appointed and confirmed to fill a vacancy for an
unexpired term on the supreme court, the court of appeals, or the court of criminal
appeals more than thirty (30) days prior to the next regular August election, shall stand
for election in a retention election for the remainder of the term at the next regular
August election following confirmation as provided in§ 17-4-106.
- 6 - *006094* (c) A judge, who has been appointed and confirmed to fill a vacancy for an
unexpired term on the supreme court, the court of appeals, or the court of criminal
appeals less than thirty (30) days prior to a regular August election, shall stand for
election in a retention election at the next regular August election occurring more than
thirty (30) days following the judge's confirmation as provided in § 17- 4-106.
(d) All incumbent judges of the supreme court, the court of appeals, and the
court of criminal appeals, who intend to stand for election for another eight-year term,
shall stand for election in a retention election at the regular August election immediately
preceding the end of the eight-year term, as provided in § 17-4-106.
(e) The judges appointed in 2014 to fill vacancies on the supreme court, the
court of appeals, and the court of criminal appeals, whose names were not included on
the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy
pursuant to § 17-4-106, stand for election in a retention election in the regular August
election in 2016.
SECTION 14. Tennessee Code Annotated, Section 17-4-106, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-106.
(a) An incumbent judge of the supreme court, the court of appeals, or the court
of criminal appeals who seeks to be retained in the office, to which the incumbent judge
was appointed and confirmed, must qualify by filing with the state election commission a
written declaration of candidacy to be retained for a full term or an unexpired term. The
declaration must be filed not later than twelve o'clock (12:00) noon prevailing time on the
first Thursday in January before the regular August election. A judge appointed and
confirmed after the first Thursday in January in the same year as the regular August
election must file the declaration no later than the first Thursday occurring at least one
(1) full week after the judge's confirmation. After timely filing the declaration, a candidate
may withdraw by filing a notice of withdrawal with the state election commission not later
- 7 - *006094 * than twelve o'clock (12:00) noon prevailing time on the seventh day after the deadline for
filing the declaration of candidacy.
(b)
(1) If the declaration of candidacy is timelyfiled, then only the name of
the candidate, without party designation, shall be submitted to the qualified
voters of the state in the regular August election. Each county election
commission of the state shall cause the following to be placed on the ballot
Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court)?
Retain
OR
Replace
(2) If the declaration of candidacy is not timely filed, then:
(A) The judge's name shall not be submitted to the qualified
voters of the state; and
(B) The governor shall fill the vacancy subject to confirmation by
the general assembly in accordance with this part.
(c)
(1) If a majority of those voting on the question vote to retain the
candidate, then the candidate is duly elected to the office and shall be given a
certificate of election.
(2) If a majority or one-half (1/2) of those voting on the question vote not
to retain the candidate, then a vacancy exists in the office as of September 1
following the regular August election. The governor shall fill the vacancy subject
to confirmation by the general assembly in accordance with this part.
(3) A candidate who has been defeated in any retention election held
under this chapter shall not be eligible for reappointment to the seat for which the
-8- *006094* candidate was defeated until one (1) regular August election has occurred
subsequent to the defeat.
(d) An incumbent judge on the supreme court, the court of appeals, or the court
of criminal appeals who does not file a declaration of candidacy for election within the
prescribed time, who withdraws as a candidate for election, or who is not retained in a
retention election, shall cease to serve in office effective September 1 of that year. The
governor shall fill the office subject to confirmation by the general assembly in
accordance with this part.
SECTION 15. Tennessee Code Annotated, Sections 17-4-107-17-4-120, are amended
by deleting the sections in their entireties.
SECTION 16. Tennessee Code Annotated, Section 4-29-237(a), is amended by adding the following language as a new, appropriately designated subdivision:
Trial court vacancy commission, created by § 17-4-301;
SECTION 17. Tennessee Code Annotated, Title 17, Chapter 4, is further amended by
adding the following new part 3:
17-4-301.
(a) There is established as a part of the judicial branch of the state a trial court
vacancy commission, to be composed of seventeen (17) members as follows:
(1) Eight (8) members shall be appointed by the speaker of the senate as
follows:
(A) Two (2) of the members shall be appointed from each of the
state's three (3) grand divisions, and the remaining two (2)
members shall be appointed at large; and
(B) At least five (5) of the members shall be attorneys;
(2) Eight (8) members shall be appointed by the speaker of the house of
representatives as follows:
- 9- *006094* (A) Two (2) of the members shall be appointed from each of the
state's three (3) grand divisions, and the remaining two (2) members shall
be appointed at large; and
(B) At least five (5) of the members shall be attorneys;
(3) One (1) member who is not an attorney shall be appointed at large by joint action of the speaker of the senate and the speaker of the house of representatives; and
(4) Not more than three (3) of the members appointed at large may be residents of the same grand division.
(b)
(1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
(A) Two (2) of the initial appointments by the speaker of the
senate shall be made for terms of two (2) years each;
(B) Two (2) of the initial appointments by the speaker of the
house of representatives shall be made for terms of two (2) years each;
(C) The speakers' joint appointment shall be made for a term of
two (2) years;
(D) Three (3) of the initial appointments by the speaker of the
senate shall be made for terms of four (4) years each;
(E) Three (3) of the initial appointments by the speaker of the
house of representatives shall be made for terms of four (4) years each;
(F) Three (3) of the initial appointments by the speaker of the
senate shall be made for terms of six (6) years each; and
(G) Three (3) of the initial appointments by the speaker of the
house of representatives shall be made for terms of six (6) years each.
- 10- *006094* (2) After the initial appointments, the terms for all appointments shall
comply with§§ 17-4-305 and 17-4-306(a).
(c) The administrative office of the courts shall develop and post on its web site downloadable information about the trial court vacancy commission suitable for viewing by the general public.
17-4-302.
(a) Each member of the trial court vacancy commission shall be a citizen of the
United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment. Any member
appointed from one (1) of the state's grand divisions shall have been a resident of that
grand division for at least one (1) year immediately prior to appointment.
(b) Each attorney member shall be duly licensed to practice by the Tennessee
supreme court.
17-4-303.
(a) No member of the trial court vacancy commission shall be a salaried office
holder of this state or the United States, nor shall any member of the commission hold
any office in any political party or political organization; provided, that members of the
national guard and members of any armed forces reserve organization, any district
attorney general or an employee of a district attorney general, or any district public
defender or an employee of a district public defender shall not be considered as salaried
office holders. This subsection (a) shall not apply to the solicitor general or any
employee of the attorney general and reporter, any of whom shall be eligible to serve as
a member of the trial court vacancy commission.
(b) Any member of the trial court vacancy commission who becomes a salaried
office holder of this state or the United States or who accepts any office in any political
party or political organization shall by doing so vacate the member's office as a member
of the commission.
- 11 - *006094* (c) No member of the trial court vacancy commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state shall by doing so vacate the member's office as a member of the commission.
17-4-304.
(a) The term of office of each member of the trial court vacancy commission shall begin on September 1, 2015.
(b) As soon as practicable after September 1, 2015, the speaker of the senate and speaker of the house of representatives shall select a member of the commission to serve as chair. The chair shall call an organizational meeting of the commission as soon as practical.
(c) The commission may elect such other officers as it deems necessary and proper, and may adopt and from time to time amend bylaws and rules of procedure for the conduct of its business and discharge of its duties.
(d) The commission may employ such secretarial and clerical assistance as it deems necessary.
17-4-305.
(a) Except as otherwise provided in§ 17-4-301(b) or§ 17-4-306(a), the term of a
member of the trial court vacancy commission shall be six (6) years.
(b) Members shall be eligible for reappointment for a successive term.
17-4-306.
(a) A vacancy on the trial court vacancy commission shall be filled in the same
manner as the original appointment for the remainder of the unexpired term.
(b) Any member of the trial court vacancy commission who misses four (4)
meetings of the commission during the member's term of office shall by doing so vacate the member's office as a member of the commission.
- 12- *006094* 17-4-307.
(a) Members of the trial court vacancy commission shall not receive any compensation for their services but shall be reimbursed for their official travel expenses pursuant to policies and guidelines promulgated by the supreme court.
(b) Subject to budgetary restrictions, the administrative office of the courts sh~ll pay or reimburse the necessary expenses authorized or incurred by the trial court vacancy commission in the performance of the duties pursuant to policies and guidelines promulgated by the supreme court.
17-4-308.
(a) After September 1, 2015, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the trial court vacancy commission. The governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission.
(b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
(c) The trial court vacancy commission shall, at the earliest practicable date, hold a public meeting in the judicial district from which the vacancy is to be filled.
(d) Notice of the time, pl~ce, and purpose of the meeting shall be given by newspapers, radio news, or television news and by such other means as the commission deems proper.
(e) Any person shall be entitled to attend the meeting and express orally or in writing the citizen's approval of or objections to any suggested nominee for the trial court
- 13- *006094* vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of the attorney's own nomination.
(f) After one (1) public hearing, the commission may hold such additional interviews with the candidates as it deems necessary. The commission shall make independent investigation and inquiry to determine the qualifications of possible nominees for the trial court vacancy and shall endeavor to encourage qualified attorneys to accept nomination and agree to serve if appointed to the trial court vacancy. All
hearings, interviews, meetings, and deliberations of the commission shall be conducted
publicly and shall comply with title 8, chapter 44, part 1; provided, however, when
selecting nominees, commission members shall vote anonymously by written ballots, but
such ballots shall be collected, announced, and tallied at the meeting by the presiding
officer. The Tennessee bureau of investigation Levell I security clearance as to
nominees shall be performed exclusively at the direction of the governor. After receiving
the commission's panel or panels of nominees, but prior to making an appointment
pursuant to subsection (a), the governor shall direct the Tennessee bureau of
investigation or other appropriate agencies to perform appropriate financial and criminal
background investigations and inquiries of the prospective appointees, and the governor
shall review and assess the results of the background investigations and inquiries.
(g) As soon as practicable, and no later than sixty (60) days from receipt of
written notice from the governor that a vacancy has occurred, the commission, with the
assent of a majority' of all the members to which it is entitled under§ 17-4-301(a), shall
select three (3) persons whom the commission deems best qualified and available to fill
the vacancy and shall certify the names of the three (3) persons to the governor as
nominees for the trial court vacancy. However, if the commission is reliably informed
that a vacancy is impending for any other reason, then the commission may meet, select
such persons, and certify the names of the nominees to the governor prior to actual
receipt of written notice from the governor that a vacancy has occurred.
- 14- *006094* (h) If the judicial district is one (1) of the five (5) smallest judicial districts according to the 2010 federal census or any subsequent federal census, the trial court vacancy commission may submit two (2) names to the governor.
(i) At the next regular August election occurring more than thirty (30) days after the vacancy occurs, the qualified voters of the district shall elect a candidate to fill the remainder of the unexpired term or a complete term, as provided in the general election law in title 2; provided, however, the qualifying deadline for candidates to fill the vacancy shall be determined by the date of the vacancy as follows:
(1) If the vacancy occurs on or before the tenth day prior to the regular
qualifying deadline, then the regular qualifying deadline shall apply;
(2) If the vacancy occurs after the tenth day before the qualifying
deadline but on or before the thirty-eighth day prior to the next regular August
election, then the qualifying deadline shall be twelve o'clock (12:00) noon,
prevailing time, on the tenth day after the vacancy is created;
(3) If the vacancy occurs after the thirty-eighth day but on or before the
thirty-first day prior to the next regular August election, then the qualifying
deadline shall be twelve o'clock (12:00) noon, prevailing time, on the twenty
eighth day before the election; and
(4) Candidates qualifying under sections (2) and (3) must withdraw no
later than twelve o'clock (12:00) noon, prevailing time, on the third day after the
qualifying deadline; however, no candidate shall withdraw after twelve o' clock
(12:00) noon on the twenty-eighth day before the election.
17-4-309.
(a) All nominees of the trial court vacancy commission shall be attorneys who are duly licensed to practice law in this state and who are fully qualified under the constitution and statutes of this state to fill the office for which they are nominated.
- 15- *006094* (b) A candidate who has been defeated in any election held under this chapter is
not eligible for renomination to the office for which the candidate was defeated until after
one (1) regular August election has occurred.
17-4-310.
A member of the trial court vacancy commission is not eligible to be nominated
by the commission during the member's tenure and the six-month period immediately
following conclusion of the member's service on the commission.
17-4-311.
(a) If the trial court vacancy commission does not furnish a list of three (3)
nominees to the governor within sixty (60) days after receipt of written notice from the
governor that a vacancy has occurred, then the governor may fill the vacancy by
appointing any person who is duly licensed to practice law in this state and who is fully
qualified under the constitution and statutes of this state to fill the office.
(b) The term of a judge appointed under this section shall expire on August 31
after the next regular August election occurring more than thirty (30) days after the
vacancy occurs.
17-4-312.
The administrative office of the courts shall keep and maintain all records of the
trial court vacancy commission as well as furnish the commission with any other
secretarial or clerical services or assistance it may require. It is further the duty of the
administrative office of the courts to notify all commission members of the date, time,
and place of any commission meetings.
SECTION 18. Tennessee Code Annotated, Section 17-4-201, is amended by deleting the section in its entirety.
SECTION 19. Tennessee Code Annotated, Section 38-6-106, is amended by adding the following new subsection (g):
- 16- *006094* (g) In addition to the authorization of the speaker of the senate and the speaker
of the house of representatives to request the director of the Tennessee bureau of
investigation to conduct a background investigation concerning persons under
consideration for appointment to a position of trust and responsibility, the chair of any
standing committee to which the governor's notice of appointment has been referred
pursuant to § 17-4-102 may request a background investigation of any gubernatorial
appointee to the position of judge of the supreme court, court of appeals, or court of
criminal appeals whose appointment will be considered by the committee as provided in
§ 17-4-102. Any report provided to the chair of the committee shall be treated as a
confidential record that is not open to public inspection.
SECTION 20. If any provision of this act or the application thereof to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 21. Being deemed remedial legislation necessary to provide for a fair, orderly, and stable procedure for the appointment and confirmation of state judges, in the event of conflict between the provisions of this act and any other rule of law, statute, whether general or specific, or regulation, the provisions of this act shall control.
SECTION 22. This act shall take effect upon becoming a law, the public welfare requiring it.
- 17- *006094* FILED Date '-1/ I~/ I ) Amendment No. _____.2..._ ___ Time I 0: ~6 AM lllllllllllllllllllllllllllllllllllllllllllll SA0435 Clerk [. DA Comm. Arndt. fSponsor
AMEND Senate Bill No. 1* House Bill No. 142
by deleting all language after the enacting clause and by substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 2, Chapter 5, Part 1, is amended by
adding the following new section:
2-5-107.
This part shall not apply to a retention election in which a judge of the supreme
court, the court of appeals, or the court of criminal appeals seeks election to fill the office
to which the incumbent judge was appointed and confirmed. Title 17, chapter 4, part 1
shall govern such elections.
SECTION 2. Tennessee Code Annotated, Section 16-3-101(b}, is amended by deleting
the subsection in its entirety and substituting instead the following:
· (b) A judge must have been a resident of the grand division, from which the
judge is appointed, for at least one (1) year immediately preceding appointment. For
purposes of this subsection, "resident" shall have the same meaning as defined in title 2,
chapter 2, part 1.
SECTION 3. Tennessee Code Annotated, Section 16-3-101(c), is amended by deleting
the subsection in its entirety and substituting instead the following:
(c) Each judge shall be at least thirty-five (35) years of age at the time of
appointment, shall have been a resident of the state for at least five (5) consecutive
years immediately preceding appointment, and shall be licensed to practice law in this
state. For purposes of this subsection, "resident" shall have the same meaning as
defined in title 2, chapter 2, part 1.
- 1 - *006587* SECTION 4. Tennessee Code Annotated, Section 16-4-102, is amended by deleting the section in its entirety and substituting instead the following:
16-4-102.
(a) The court of appeals shall be composed of twelve (12) judges, of whom no
more than four (4) shall be residents of the same grand division of the state.
Immediately preceding appointment, each judge shall be at least thirty (30) years of age,
shall have been a resident of the state for at least five (5) consecutive years, shall have
been a resident of the grand division from which the judge is appointed for at least one
(1) year, and shall be licensed to practice law in this state. For purposes of this
subsection, "resident" shall have the same meaning as defined in title 2, chapter 2, part
1.
(b) The oaths of office of the judges of the court of appeals shall be filed and
entered on the minutes of the court in the particular grand division from which the judge
has been appointed and confirmed or subsequently elected. The oath shall likewise be
filed and entered on the records in the office of the secretary of state at Nashville.
SECTION 5. Tennessee Code Annotated, Section 16-5-102, is amended by deleting the
second sentence and substituting instead the following:
Immediately preceding appointment, each judge shall be at least thirty (30) years of age,
shall have been a resident of the state for at least five (5) consecutive years, shall have
been a resident of the grand division from which the judge is appointed for at least one
(1) year, and shall be licensed to practice law in this state. For purposes of this
subsection, "resident" shall have the same meaning as defined in title 2, chapter 2, part
1.
SECTION 6. Tennessee Code Annotated, Section 17-1-103, is amended by deleting the
section in its entirety and substituting instead the following:
(a) The judges of the supreme court, the court of appeals, and the court of
criminal appeals shall be elected by the qualified voters of the state in a statewide
- 2 - *006587* retention election conducted in accordance with chapter 4, part 1 of this title, and any
appointments to fill a vacancy or a full eight-year term shall be made in accordance with
chapter 4, part 1.
(b) The chancellors, circuit court judges, criminal co'urt judges, and judges of any
other state trial court of record shall be elected by the qualified voters of their respective
judicial districts, as provided in the general election law set forth in title 2, and any
appointments due to a vacancy in any of these offices shall be made in accordance with
chapter 4, part 3.
SECTION 7. Tennessee Code Annotated, Section 17-1-301, is amended by deleting the section in its entirety and substituting instead the following:
If a vacancy occurs during the term of office of a judge of the supreme court, the
court of appeals, or the court of criminal appeals, then the governor shall appoint a
qualified person to fill the vacancy. The governor's appointee shall be confirmed and
shall stand for election in a retention election in accordance with chapter 4, part 1 of this
title.
SECTION 8. Tennessee Code Annotated, Section 17-1-302, is amended by deleting the
section in its entirety.
SECTION 9. Tennessee Code Annotated, Section 17-4-101, is amended by deleting the
section in its entirety and substituting instead the following:
17-4-101.
(a) The governor shall appoint a qualified person to the supreme court, the court
of appeals, or the court of criminal appeals:
(1) For a full eight-year term whenever an incumbent judge of the
supreme court, the court of appeals, or the court of criminal appeals fails to file
with the state election commission a written declaration of candidacy or
withdraws a declaration of candidacy within the deadlines established by § 17-4-
-3- *006587* 106 or is not retained in a retention election held at the end of an eight-year term;
or
(2) To fill a vacancy occurring as a result of death, resignation,
retirement, failure to be retained at a retention election held any time other than
the end of an eight-year term, or otherwise.
(b) The governor's appointee shall not take office until the appointee has been
confirmed by the general assembly by vote or by default as provided in this part.
(c) Upon notice of an impending vacancy, the process of appointment and
confirmation in accordance with this part may proceed; however, a confirmed appointee
shall not take office until the vacancy actually occurs.
SECTION 10. Tennessee Code Annotated, Section 17-4-102, is amended by deleting the section in its entirety and substituting instead the following:
17-4-102.
(a) On the same day an appointment to the supreme court, the court of appeals,
or the court of criminal appeals is made, the governor shall provide written notice of the
appointment to the chief clerk of the senate and the chief clerk of the house of
representatives and shall specify whether the appointment is for a full eight-year term or
for the filling of a vacancy. The chief clerks shall each refer the governor's notice of
appointment to the appropriate standing committee of their respective house as provided
by rule.
(b) The chair of any standing committee of the general assembly to which a
notice of appointment pursuant to§ 17-4-102(a) is referred may request the Tennessee
bureau of investigation, as authorized by § 38-6-1 06(g), or other appropriate agencies to
perform appropriate financial and criminal background investigations and inquiries of an
appointee.
(c) The chair of any standing committee of the general assembly to which a
notice of appointment pursuant to§ 17-4-102(a) is referred may, in accordance with the
- 4 - *006587* rules of the applicable house, conduct a hearing, vote to recommend confirmation or
rejection of the appointee, and submit a written report of the action taken to the
applicable clerk.
(d) Within the appropriate sixty-day period, established in accordance with§ 17-
4-103, the general assembly shall meet in joint session for the purpose of voting either to
confirm or to reject the governor's appointee. The votes of each house shall be made
and tabulated separately. The governor's appointee shall be confirmed if both houses
vote to confirm the appointee by a majority of all the members to which each house is
entitled and shall be rejected if both houses vote to reject the appointee by a majority of
all the members to which each house is entitled. If a vote results in any other outcome,
then no action is taken and both houses may vote again to confirm or reject, subject to §
17-4-103(b).
SECTION 11. Tennessee Code Annotated, Section 17-4-103, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-103.
(a)
(1) If the general assembly is in its annual legislative session when the
appointment is made, then the vote, if any, on confirmation of the governor's
appointee shall occur within sixty (60) consecutive calendar days immediately
following the appointment.
(2) If the general assembly is not in its annual legislative session when
the appointment is made, then the vote, if any, on confirmation of the governor's
appointee shall occur within sixty (60) consecutive calendar days, beginning on
the convening date of the next annual legislative session following the
appointment.
(b) If the general assembly fails to reject the governor's appointee within sixty
(60) consecutive calendar days as required in subsection (a), then the appointee shall
- 5 - *006587* be deemed confirmed as of the following calendar day, regardless of whether the
general assembly is then in session.
SECTION 12. Tennessee Code Annotated, Section 17-4-104, is amended by
deleting the section in its entirety and by substituting instead the following:
17-4-104.
(a) A supreme court, court of appeals, or court of criminal appeals judge
confirmed in accordance with this part shall commence service in the office to
which the judge was confirmed:
(1) Upon confirmation, if the judge is confirmed to fill a vacancy
for an unexpired term;
(2) September 1, if the judge is c~nfirmed to a full eight-year term
prior to the September 1 on which the term begins; or
(3) Upon confirmation, if the judge is confirmed to a full eight-year·
term after the eight-year term has commenced on September 1. The
eight-year term of a supreme court, court of appeals, or court of criminal
appeals judge confirmed after September 1 shall end on the same date
as a judge confirmed on or prior to September 1.
(b) If the governor's appointee is rejected by the general assembly or is
withdrawn by the governor within sixty (60) calendar days of the applicable date
set out in§ 17-4-103(a), then the governor shall appoint another individual for a
full term or to fill a vacancy as provided in this part. Any appointee who has been
rejected by the general assembly is not eligible for reappointment to the same
court, until the next regular August election occurring at least one (1) year after
the appointment.
SECTION 13. Tennessee Code Annotated, Section 17-4-105, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-105.
-6- *006587* (a) A judge, who has been appointed and confirmed for a full eight-year term on
the supreme court, the court of appeals, or the court of criminal appeals and who takes
office on September 1 at the beginning of the eight-yearterm or in accordance with§ 17-
4-104(a)(3), shall face a retention election at the next regular August election
immediately preceding the end of the eight-year term, as provided in § 17-4-106.
(b) A judge, who has been appointed and confirmed to fill a vacancy for an
unexpired term on the supreme court, the court of appeals, or the court of criminal
appeals more than thirty (30) days prior to the next regular August election, shall stand
for election in a retention election for the remainder of the term at the next regular
August election following confirmation as provided in§ 17-4-106.
(c) A judge, who has been appointed and confirmed to fill a vacancy for an
unexpired term on the supreme court, the court of appeals, or the court of criminal
appeals thirty (30) days or less prior to a regular August election, shall stand for election
in a retention election at the next regular August election occurring more than thirty (30)
days following the judge's confirmation as provided in § 17- 4-106.
(d) All incumbent judges of the supreme court, the court of appeals, and the
court of criminal appeals who intend to stand for election for ;;mother eight-year term
shall stand for election in a retention election at the regular August election immediately
preceding the end of the eight-year term, as provided in§ 17-4-106.
(e) The judges appointed in 2014 to fill vacancies on the supreme court, the
court of appeals, and the court of criminal appeals, whose names were not included on
the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy
pursuant to§ 17-4-106, stand for election in a retention election in the regular August
election in 2016.
SECTION 14. Tennessee Code Annotated, Section 17-4-106, is amended by deleting the section in its entirety and by substituting instead the following:
17-4-106.
-7- *006587* (a) An incumbent judge of the supreme court, the court of appeals, or the court
of criminal appeals who seeks to be retained in the office, to which the incumbent judge
was appointed and confirmed, must qualify by filing with the state election commission a
written declaration of candidacy to be retained for a full term or an unexpired term. The
declaration must be filed not later than twelve o'clock (12:00) noon prevailing time on the
first Thursday in January before the regular August election. A judge appointed and
confirmed after the first Thursday in January in the same year as the regular August
election must file the declaration no later than the first Thursday occurring at least one
(1) full week after the judge's confirmation. After timely filing the declaration, a candidate
may withdraw by filing a notice of withdrawal with the state election commission not later
than twelve o'clock (12:00) noon prevailing time on the seventh day after the deadline for
filing the declaration of candidacy.
(b)
(1) If the declaration of candidacy is timely filed, then only the name of
the candidate, without party designation, shall be submitted to the qualified
voters of the state in the regular August election. Each county election
commission of the state shall cause the following to be placed on the ballot:
Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced?
Retain
OR
Replace
(2) If the declaration of candidacy is not timely filed, then the judge's
name shall not be submitted to the qualified voters of the state.
(c)
- 8- *006587* (1) If a majority of those voting on the question vote to retain the
candidate, then the candidate is duly elected to the office and shall be given a
certificate of election.
(2) If a majority or one-half (1/2) of those voting on the question vote not
to retain the candidate, then a vacancy exists in the office as of September 1
following the regular August election. The governor shall fill the vacancy subject
to confirmation by the general assembly in accordance with this part.
(3) A candidate who has been defeated in any retention election held
under this chapter shall not be eligible for reappointment to the seat for which the
candidate was defeated until one (1) regular August election has occurred ' subsequent to the defeat.
(d) An incumbent judge on the supreme court, the court of appeals, or the court
of criminal appeals who does not file a declaration of candidacy for election within the
prescribed time, who withdraws as a candidate for election, or who is not retained in a
retention election, shall end the judge's service in office on August 31 of that year. The
governor shall fill the office subject to confirmation by the general assembly in
accordance with this part.
SECTION 15. Tennessee Code Annotated, Sections 17-4-107-17-4-120, are amended by deleting the sections in their entireties.
SECTION 16. Tennessee Code Annotated, Section 4-29-237(a), is amended by adding the following language as a new, appropriately designated subdivision:
Trial court vacancy commission, created by § 17-4-301;
SECTION 17. Tennessee Code Annotated, Title 17, Chapter 4, is further amended by adding the following new part 3:
17-4-301.
(a) There is established as a part of the judicial branch of the state a trial court
vacancy commission, to be composed of eleven (11) members as follows:
- 9 - *006587* (1) Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys;
(2) Five (5) members shall be appointed by the speaker of the house of representatives. At least three (3) of these members shall be attorneys; and
(3) One (1) member shall be appointed by joint action of the speaker of the senate and the speaker of the house of representatives. This member shall be an attorney and shall serve as chair of the commission.
(b)
(1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
(A) One ( 1) of the initial appointments by the speaker of the
senate shall be made for terms of two (2) years each;
(B) One (1) of the initial appointments by the speaker of the
house of representatives shall be made for terms of two (2) years each;
(C) The speakers' joint appointment shall be made for a term of
two (2) years;
(D) Two (2) of the initial appointments by the speaker of the
senate shall be made for terms of four (4) years each;
(E) Two (2) of the initial appointments by the speaker of the
house of representatives shall be made for terms of four (4) years each;
(F) Two (2) of the initial appointments by the speaker of the
senate shall be made for terms of six (6) years each; and
(G) Two (2) of the initial appointments by the speaker of the
house of representatives shall be made for terms of six (6) years each.
(2) After the initial appointments, the terms for all appointments shall comply with §§ 17-4-305 and 17-4-306.
- 10- *006587* (c) The administrative office of the courts shall develop and post on its web site downloadable information about the trial court vacancy commission suitable for viewing by the general public.
17-4-302.
(a) Each member of the trial court vacancy commission shall be a citizen of the
United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment.
(b) Each attorney member shall be duly licensed to practice by the Tennessee supreme court.
17-4-303.
(a) No member of the trial court vacancy commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general, or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to the solicitor general or any employee of the attorney general and reporter, any of whom shall be eligible to serve as a member of the trial court vacancy commission.
(b) Any member of the trial court vacancy commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization shall by doing so vacate the member's office as a member of the commission.
(c) No member of the trial court vacancy commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered
- 11 - *006587* lobbyist in this state shall by doing so vacate the member's office as a member of the commission.
17-4-304.
(a) The term of office of each member of the trial court vacancy commission shall begin on May1, 2015.
(b) The chair shall call an organizational meeting of the commission as soon as practicable on or after May 1, 2015.
(c) The commission may adopt and from time to time amend bylaws and rules of procedure for the conduct of the commission's business and discharge of the commission's duties.
(d) The commission may employ such secretarial and clerical assistance as it deems necessary.
17-4-305.
(a) Except as otherwise provided in§ 17-4-301(b) or§ 17-4-306, the term of a member of the trial court vacancy commission shall be six (6) years.
(b) Members shall be eligible for reappointment for a successive term.
17-4-306.
(a) A vacancy on the trial court vacancy commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(b) Any member of the trial court vacancy commission who misses four (4) meetings of the commission during the member's term of office shall by doing so vacate the member's office as a member of the commission.
17-4-307.
{a) Members of the trial court vacancy commission shall not receive any compensation for their services but shall be reimbursed for their official travel expenses pursuant to policies and guidelines promulgated by the supreme court.
- 12- *006587* (b) Subject to budgetary restrictions, the administrative office of the courts shall pay or reimburse the necessary expenses authorized or incurred by the trial court vacancy commission in the performance of the duties pursuant to policies and guidelines promulgated by the supreme court.
17-4-308.
(a) After May 1, 2015, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, retirement, or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the trial court vacancy commission. The governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission.
(b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
(c) The trial court vacancy commission shall, at the earliest practicable date, hold a public meeting in the judicial district from which the vacancy is to be filled.
(d) Notice of the time, place, and purpose of the meeting shall be given by newspapers, radio news, or television news and by such other means as the commission deems proper.
(e) Any person shall be entitled to attend the meeting and express orally or in writing the citizen's approval of or objections to any suggested nominee for the trial court vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of the attorney's own nomination.
(f) After one (1) public hearing, the commission may hold such additional interviews with the candidates as it deems necessary. The commission shall make
- 13 - *006587* independent investigation and inquiry to determine the qualifications of possible nominees for the trial court vacancy and shall endeavor to encourage qualified attorneys to accept nomination and agree to serve if appointed to the trial court vacancy. All hearings, interviews, meetings, and deliberations of the commission shall be conducted publicly and shall comply with title 8, chapter 44, part 1. Deliberations among the commission members shall occur immediately after the conclusion of the interviews.
The commission shall adjourn the public hearing and interviews and deliberate in executive session. The deliberations shall not be open to the public and shall not be required to comply with title 8, chapter 44, part 1. At the conclusion of deliberations among commission members, the commission shall reconvene the public hearing for purposes of voting. When selecting nominees, commission members shall vote anonymously by written ballots, but such ballots shall be collected, announced, and tallied at the meeting by the presiding officer, and a majority of those present and voting
shall decide questions. The Tennessee bureau of investigation Levell I security
clearance as to nominees shall be performed exclusively at the direction of the governor.
After receiving the commission's panel or panels of nominees, but prior to making an
appointment pursuant to subsection (a), the governor shall direct the Tennessee bureau
of investigation or other appropriate agencies to perform appropriate financial and
criminal background investigations and inquiries of the prospective appointees, and the
governor shall review and assess the results of the background investigations and
inquiries.
(g) Upon the request of the commission, the board of judicial conduct and the
board of professional responsibility shall furnish the commission with all information,
records, files, or other documents, whether in an electronic format or written form, that
the board or commission maintains on a person who applies to be a candidate to fill a
trial court vacancy. A person's application for the position of trial court judge shall be
- 14- *006587* deemed a waiver of any confidentiality to which records and other documents
maintained by the board or commission on an applicant is otherwise entitled.
(h) As soon as practicable, and no later than sixty (60) days from receipt of
written notice from the governor that a vacancy has occurred, the commission, with the
assent of a majority of all the members to which it is entitled under§ 17-4-301 (a), shall
select three (3) persons whom the commission deems best qualified and available to fill
the vacancy and shall certify the names of the three (3) persons to the governor as
nominees for the trial court vacancy. However, if the commission is reliably informed
that a vacancy is impending for any other reason, then the commission may meet, select
such persons, and certify the names of the nominees to the governor prior to actual
receipt of written notice from the governor that a vacancy has occurred.
(i) If the judicial district is one (1) of the five (5) smallest judicial districts
according to the 2010 federal census or any subsequent federal census, the trial court
vacancy commission may submit two (2) names to the governor, although the governor
may require the commission to submit one (1) other panel<;>f two (2) additional
nominees.
U) At the next regular August election occurring more than thirty (30) days after
the vacancy occurs, the qualified voters of the district shall elect a candidate to fill the
remainder of the unexpired term or a complete term, as provided in the general election
law in title 2; provided, however, the qualifying deadline for candidates to fill the vacancy
. shall be determined by the date of the vacancy as follows:
(1) If the vacancy occurs on or before the tenth day prior to the regular
qualifying deadline, then the regular qualifying deadline shall apply;
(2) If the vacancy occurs after the tenth day before the qualifying
deadline but on or before the thirty-eighth day prior to the next regular August
election, then the qualifying deadline shall be twelve o'clock (12:00) noon,
prevailing time, on the tenth day after the vacancy is created;
- 15 - *006587* (3) If the vacancy occurs after the thirty-eighth day but on or before the
thirty-first day prior to the next regular August election, then the qualifying
deadline shall be twelve o' clock (12:00) noon, J?revailing time, on the twenty
eighth day before the election; and
(4) Candidates qualifying under sections (2) and (3) must withdraw no
later than twelve o' clock (12:00) noon, prevailing time, on the third day after the
qualifying deadline; however, no candidate shall withdraw after twelve o' clock
(12:00) noon on the twenty-eighth day before the election.
17-4-309.
All nominees of the trial court vacancy commission shall be attorneys who are duly licensed to practice law in this state and who are fully qualified under the constitution and statutes of this state to fill the office for which they are nominated.
17-4-310.
(a) If the trial court vacancy commission does not furnish a list of three (3) nominees to the governor within sixty (60) days after receipt of written notice from the governor that a vacancy has occurred, then the governor may fill the vacancy by . appointing any person who is duly licensed to practice law in this state and who is fully qualified under the constitution and statutes of this state to fill the office.
(b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
17~4-311.
The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of the courts to notify all commission members of the date, time, and place of any commission meetings.
- 16- *006587* SECTION 18. Tennessee Code Annotated, Section 17-4-201, is amended by deleting the section in its entirety.
SECTION 19. Tennessee Code Annotated, Section 38-6-106, is amended by adding the following new subsection (g):
(g) In addition to the authorization of the speaker of the senate and the speaker
of the house of representatives to request the director of the Tennessee bureau of
investigation to conduct a background investigation concerning persons under
consideration for appointment to a position of trust and responsibility, the chair of any
standing committee to which the governor's notice of appointment has been referred
pursuant to § 17-4-102 may request a background investigation of any gubernatorial
appointee to the position of judge of the supreme court, court of appeals, or court of
criminal appeals whose appointment will be considered by the committee as provided in
§ 17-4-102. Any report provided to the chair of the committee shall be treated as a
confidential record that is not open to public inspection.
SECTION 20. If any provision of this act or the application thereof to any person .or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 21. Being deemed remedial legislation necessary to provide for a fair, orderly, and stable procedure for the appointment and confirmation of state judges, if conflict occurs between the provisions of this act and any other rule of law, statute, whether general or specific, or regulation, the provisions of this act shall control.
SECTION 22. This act shall take effect upon becoming a law, the public welfare requiring it.
- 17- *006587* Senate State and Local Government Comm. Am. #1
111111111111111111111111111111111111111111111 SA0411
AMEND Senate Bill No 96* H use Bill
by deleting all language after the acting clause and s bs
SECTION 1. Tennessee C e Annotated, Section 12-2-114, is amended by deleting the
section in its entirety and substituting instead the following language:
(a) As used in this section, "entity" means any state agency, department, or
institution of higher education of the state.
(b) When it becomes necessary for an entity to enter into a new lease as lessee,
the applicable state procurement agency, in accordance with the policy of the state
building commission, shall:
(1) Prepare a general statement of the entity's space needs; and
(2) Advertise, at the cost of the entity requesting the space, the entity's
space needs on the web site of the state procurement agency and in a
newspaper of general circulation in the city or county where the space is needed
on at least one ( 1) occasion and at least two (2) weeks before proposals are
opened, or as required by the policy of the state building commission, unless one
(1) of the following exceptions is satisfied:
(A) The annual rental will be less than an amount to be specified
by the policy of the state building commission, the amount not to exceed
fifty thousand dollars ($50,000);
(B) The property to be leased is owned or otherwise controlled by
a city, county, or other political subdivision of the state or the federal
government; ·(C) The space required by the entity has special and unique
requirements as determined and approved by the state building
commission; or
(D) The term of the lease will be one (1) year or less.
(c) When it becomes necessary for an entity to amend a lease where it is the
lessee, advertising shall not be required for:
(1) Lease renewals where the right to renew the lease and the terms of
the rental rate for the renewal term were included in the original lease;
(2) Extensions to the term of a lease by one (1) year or less beyond the
expiration date set forth in the original lease; or
(3) Other amendments to a lease, unless required by the policy of the
state building commission.
(d) Any proposal to lease space to the entity shall contain the name of any \, persons who are contemplated to become financially interested in the lease and shall be
made readily available and accessible for public examination.
(e) After receipt of the proposals, the state procurement agency, in accordance
with the policy of the state building commission, may then negotiate with the prospective
lessors for leasing of the needed space, taking into account not only the rent offered but
the type of space, the location, its suitability for the purpose, services offered by the
lessor, moving costs, and all other relevant factors. The state shall enter into a lease
with the proposer offering the proposal with the lowest total cost, unless a statement of
justification supporting award to a different proposer has been submitted to and
approved by the state building commission prior to entering into the lease.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it
-2- *004353* Senate Commerce and Labor Comm. Am. #1 FILED Date 3-3;-r5 I Time 11.. ~ ~IZ f'"" lllllllllllllllllllllllllllllllllllllllllllll Clerk W'/51( SA0242 Comm. Amdt. _I_
AMEND Senate Bill No. 107 House Bill No. 96
by deleting the amendatory language of Section 1 and substituting instead the following:
(a)
(1) The commissioner is authorized to require persons making sales to
retailers of beer, as defined in§ 57-5-101, tobacco products, as defined in§ 67-
4-1001, or other categories or types of tangible personal property, as may be
designated from time to time by the commissioner, to file an information report of
such sales with the department; provided, however, that such designation shall
be effective no sooner than ninety (90) days after publication of notice on the
department's web site specifying such other categories or types of tangible
personal property that must be included in the information report.
(2) The commissioner is authorized to require each tobacco product
manufacturer, as defined in§ 47-31-102, whose cigarettes are sold in this state,
whether directly or through a distributor, retailer, or similar intermediary or
intermediaries, to file an information report related to tobacco buydown
payments, as defined in§ 67-6-357, received by retailers from the tobacco
product manufacturer.
0166056294 - 1 - *004697* Senate Health and Welfare Comm. Am. #1 FILED Date 1/i'I/if Amendment No .. ___.L_ __ _ Time 1·. o:;- AM lllllllllllllllllllllllllllllllllllllllllllll Clerk £oA SA0127 Comm. Arndt. j_ Signature of Sponsor
AMEND Senate Bill No. 125* House Bill No. 151
by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, is amended by
adding the following as a new part:
71-5-2801. This part shall be known and may be cited as the "Annual Coverage
Assessment Act of 2015."
71-5-2802. As used in this part, unless the context otherwise requires:
(1) "Annual coverage assessment" means the annual assessment
imposed on covered hospitals as set forth in this part;
(2) "Annual coverage assessment base" is a covered hospital's net
patient revenue as shown in its medicare cost report for its fiscal year that ended
during calendar year 2008, on file with the centers for medicare and medicaid
services (CMS) as of September 30, 2009, subject to the following qualifications:
(A) If a covered hospital does not have a full twelve-month
medicare cost report for 2008 on file with CMS as of September 30, 2009,
but does have a full twelve-month medicare cost report for 2008 on file as
of September 30, 2010, the twelve-month medicare cost report for 2008
on file with CMS as of September 30, 2010, will be the annual coverage
assessment base;
(B) If a covered hospital does not have a full twelve-month
medicare cost report on file with CMS for 2008, but does have a medicare
089449719 - 1 - *004027* cost report on file with CMS for 2009, that medicare cost report will be the annual coverage assessment base. If the covered hospital's 2009 medicare cost report is for a partial year only, the net patient revenue in the medicare cost report shall be annualized to determine the hospital's annual coverage assessment base; ·
(C) If a covered hospital was first licensed in 2010 or later and did not replace an existing hospital, the annual coverage assessment base is the covered hospital's projected net patient revenue for its first full year of operation as shown in its certificate of need application filed with the health services and development agency. If the hospital has a medicare cost report on file with CMS, the hospital's initial cost report on file with
CMS shall be the base for the hospital assessment. If the hospital does not have an initial cost report on file with CMS but does have a complete twelve-month joint annual report filed with the department of health, the net patient revenue from the twelve-month joint annual report shall be the annual coverage assessment base;
(D) If a covered hospital was first licensed in 2010 or later and replaced an existing hospital, the annual coverage assessment base shall be the predecessor hospital's net patient revenue as shown in its medicare cost report for its fiscal year that ended during calendar year
2008, on file with CMS as of September 30, 2009, subject to the qualifications of subdivisions (2)(A) and (2)(8);
(E) If a covered hospital is not required to file an annual medicare cost report with CMS, then the hospital's annual coverage assessment
base shall be its net patient revenue for the fiscal year ending during
-2- *004027* calendar year 2008 or the first fiscal year that the hospital was in
operation after 2008 as shown in the covered hospital's joint annual
report filed with the department of health; and
(F) If a covered hospital's fiscal year 2008 medicare cost report is
not contained in the centers for medicare and medicaid services'
healthcare cost report information system file dated September 30, 2009,
and does not meet any of the other qualifications listed in subdivisions
(2)(A)-(E), then the hospital shall submit a copy of the hospital's 2008
medicare cost report to the bureau of TennCare in order to allow for the
determination of the hospital's net patient revenue for the state fiscal year
2015-2016 annual coverage assessment;
(3) "Bureau" means the bureau of TennCare;
(4) "CMS" means the federal centers for medicare and medicaid services;
(5) "Controlling person" means a person who, by ownership, contract, or otherwise, has the authority to control the business operations of a covered hospital. Indirect or direct ownership of ten percent (1 0%) or more of a covered hospital shall constitute control;
(6) "Covered hospital" means a hospital licensed under title 33 or title 68, as of the effective date of this part, except an excluded hospital;
(7) "Excluded hospital" means:
(A) A hospital that has been designated by CMS as a critical
access hospital;
(B) A mental health hospital owned by the state of Tennessee;
-3- *004027* (C) A hospital providing primarily rehabilitative or long-term acute
care services;
(D) A children's research hospital that does not charge patients
for services beyond that reimbursed by third-party payers; and
(E) A hospital that is determined by the bureau of TennCare as
eligible to certify public expenditures for the purpose of securing federal
medical assistance percentage payments;
(8) "Medicare cost report" means CMS-2552-96, the cost report for electronic filing of hospitals, for the period applicable as set forth in this section; and
(9) "Net patient revenue" means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on
Worksheet G-3, Column 1, Line 3, of the medicare cost report, excluding long term care inpatient ancillary revenues.
71-5-2803.
(a) There is imposed on each covered hospital licensed as of July 1,
2015, an annual coverage assessment for fiscal year (FY) 2015-2016 as set forth in this part.
(b) The annual coverage assessment imposed by this part shall not be effective and validly imposed until the bureau has provided the Tennessee
Hospital Association with written notice that includes:
(1) A determination from CMS that the annual coverage
assessment is a permissible source of revenue that shall not adversely
affect the amount of federal financial participation in the TennCare
program;
-4- *004027* (2) Approval from CMS for the distribution of the full amount of additional payments to hospitals to offset unreimbursed TennCare costs as setforth in§ 71-5-2805(d)(2); and
(3) Full implementation of hospital payment rate variation corridors as defined in subdivision (b)(3)(C) established by the state's actuary and approved by the TennCare bureau for payments by managed care organizations to hospitals for services provided to TennCare enrollees as follows:
(A) Immediately upon the effective date of this part, the
bureau shall implement provisions in its contractor risk
agreements (CRAs) with all managed care'organizations requiring
payment rates for each hospital in the aggregate from all
managed care organizations with which the hospital has network
contracts to be no less than the minimum levels or more than the
maximum levels set forth in subdivision (b)(3)(B). Compliance
with these standards shall be in place no later than September 30,
2015, and shall be determined on the basis of the totality of all
rates for the hospital by all managed care organizations in the
aggregate with which it has a network contract, rather than on the
basis of rates for a hospital under a network contract with an
individual managed care organization. Managed care
organizations shall not enter into or maintain a single case
agreement or contract with any hospital that authorizes or requires
rates for the hospital that do not conform to the hospital payment
variability standards set forth in this paragraph.
-5- *004027* (B) On and after September 30, 2015, the minimum and maximum levels for aggregate rates to hospitals for services to
TennCare enrollees shall be based on the percentages of each hospital's FFY 2011 medicare allowable reimbursement set forth
in subdivision (b)(3)(C). Compliance with these minimum and
maximum payment rates shall be determined on the basis of the totality of payments to a hospital for services to TennCare
enrollees from all managed care organizations with which the
hospital has a network contract. The variation corridors
established by this subdivision (b)(3) are for the purpose of limiting
the amount of variation in the rates paid by TennCare managed
care organizations to hospitals, and this subdivision (b)(3) shall
not be construed as creating a right by a hospital to receive actual
reimbursement in the aggregate from all TennCare managed care
organizations at levels within the variation corridors. (C)
(i) For routine, nonspecialized inpatient services
the minimum level is fifty percent (50%), and the maximum
level is eighty percent (80%);
(ii) For outpatient services the minimum level is
one hundred percent (100%), and the maximum level is
one hundred four percent (104%);
(iii) For cardiac surgery services the minimum level
is thirty percent (30%), and the maximum level is eighty
percent (80%);
-6- *004027* (iv) For specialized neonatal services the minimum
level is four percent (4%), and the maximum level is one
hundred eighty percent (180%); and
(v) For other specialized services the minimum
level is thirty percent (30%), and the maximum level is one
hundred sixty percent (160%).
(D) By July 1, 2015, the bureau shall promulgate and maintain rules implementing the requirements of this subdivision
(b)(3), these rules to include:
(i) Provisions defining the categories of hospital
services to which the levels set forth in subdivision
(b)(3)(C) apply;
(ii) A description of the claims data that will be
used to determine compliance with subdivision (b)(3);
(iii) The process by which the bureau, with
assistance from its actuary, will verify that all agreements
or contracts between managed care organizations and
hospitals on September 30, 2015, and thereafter comply
with the hospital payment rate variability standards set
forth in this subdivision (b)(3)(D); and
(iv) Such other provisions as are necessary to
carry out the requirements of this subdivision (b)(3).
Notwithstanding any other law, the bureau is authorized to
exercise emergency rulemaking authority to the extent
-7- *004027* necessary to meet the requirements of this subdivision
(b)(3)(D).
(c) The general assembly intends that the proceeds of the annual coverage assessment not be used as a justification to reduce or eliminate state funding to the TennCare program. The annual coverage assessment shall not be effective and validly imposed if the coverage or the amount of revenue available for expenditure by the TennCare program in FY 2015-2016 is less than:
(1) The governor's FY 2015-2016 recommended budget level;
plus
(2) All annual appropriations made by the general assembly to
the TennCare program for FY 2015-2016, except to the extent new
federal funding is available to replace funds that are appropriated as
described in subdivision (c)(1) and that are above the amount that the
state receives from CMS under the regular federal matching assistance
percentage.
(d)
(1)
(A) The general assembly intends that the proceeds of the
annual coverage assessment not be used as justification for any
TennCare managed care organization (MCO) to implement
across-the-board rate reductions to negotiated rates with covered
or excluded hospitals or physicians in existence on July 1, 2015.
For those rates in effect on July 1, 2015, the bureau shall include
provisions in the managed care organizations' contractor risk
-8- *004027* agreements that prohibit the managed care organizations from implementing across-the-board rate reductions to covered or excluded network hospitals or physicians either by category or by type of provider. The requirements of the preceding sentence shall also apply to services or settings of care that are ancillary to a covered or excluded hospital or physician's primary license, but shall not apply to reductions in benefits or reimbursement for such ancillary &ervices if the reductions:
(i) Are different from those items being restored in
§ 71-5-2805(d); and
(ii) Have been communicated in advance of
implementation to the general assembly and the
Tennessee Hospital Association.
(B)
(i) For purposes of this subsection (d), services or
settings of care that are ancillary to a covered or excluded
hospital or physician's primary license shall include all
services where the physician or covered or excluded
hospital, including a wholly owned subsidiary or controlled
affiliate of a covered or excluded hospital or hospital
system, holds more than a fifty percent (50%) controlling
interest in such ancillary services or settings of care, but
shall not include any other ancillary services or settings of
care. For across-the-board rate reductions to ancillary
services or settings of care, the bureau shall include
- 9- *004027* appropriate requirements for notice to providers in the
managed care organizations' contractor risk agreements.
(ii) For purposes of this subsection (d), services or
settings of care that are "ancillary" shall mean, but not be
limited to, ambulatory surgical facilities, outpatient
treatment clinics or imaging centers, dialysis centers, home
health and related services, home infusion therapy
services, outpatient rehabilitation, or skilled nursing
services.
(iii) For purposes of this subsection (d), "physician"
includes a physician licensed under title 63, chapter 6 or
chapter 9, and a group practice of physicians that hold a
contract with a managed care organization.
(2) This subsection (d) does not preclude good faith negotiations between managed care organizations and covered or excluded hospitals, hospital systems, and physicians on an individualized, case-by-case basis, nor is this subsection (d) intended by the general assembly to serve as justification for Tennessee managed care organizations, covered or excluded hospitals, hospital systems, or physicians to unreasonably deny any party the ability to enter into such individualized, case-by-case good faith negotiations. Such good faith negotiation necessarily implies
mutual cooperation between the negotiating parties and may include, but
is not limited to, the right to terminate contractual agreements, the ability
to modify negotiated rates, pricing, or units of service, the ability to alter
- 10- *004027* payment methodologies, and the ability to enforce existing managed care
techniques or to implement new managed care techniques.
(3) This subsection (d) shall not preclude the full implementation
of the requirements set forth in§ 71-5-2803(b)(3).
(4) Notwithstanding any other provision of this subsection (d), if
CMS mandates a TennCare program change or a change is required by
state or federal law that impacts rates, and that change is required to be
implemented by the MCOs in accordance with their contracts, or if the
annual coverage assessment becomes invalid, then nothing in this part
shall prohibit the managed care organizations from implementing any rate
changes as may be mandated by the bureau or by state or federal law.
71-5-2804.
(a) The annual coverage assessment established for this part shall be four and fifty-two hundredths percent (4.52%) of a covered hospital's annual coverage assessment base.
(b) The annual coverage assessmenf shall be paid in equal quarterly installments, with the first quarterly payment due on the fifteenth day of the first month of the first quarter of the state fiscal year after the bureau has obtained the determination and approval from CMS described in§ 71-5-2803(b). Subsequent installments shall be due on the fifteenth day of the first month of the three (3) successive calendar quarters following the calendar quarter in which the first installment is due.
(c) To facilitate collection of the annual coverage assessment, the bureau shall send each covered hospital, at least thirty (30) days in advance of each quarterly payment due date, a notice of payment along with a return form
- 11 - *004027* developed by the bureau. Failure of a covered hospital to receive a notice and return form, however, shall not relieve a covered hospital from the obligation of timely payment. The bureau shall also post the return form on its web site.
(d) Failure of a covered hospital to pay a quarterly installment of the annual coverage assessment, when due, shall result in an imposition of a penalty of five hundred dollars ($500) per day until such installment is paid in full.
(e) If a covered hospital ceases to operate after July 1, 2015, and before
July 1, 2016, the hospital's total annual coverage assessment shall be equal to its annual coverage assessment base multiplied by a fraction, the denominator of which is the number of calendar days from July 1, 2015, until July 1, 2016, and the numerator of which is the number of days from July 1, 2015, until the date the board of licensing healthcare facilities has recorded as the date that the hospital ceased operation.
(f) If a covered hospital ceases operation prior to payment of its full annual coverage assessment, then the person or persons controlling the hospital as of the date the hospital ceased operation shall be jointly and severally responsible for any remaining annual coverage assessment installments and unpaid penalties associated with previous late payments.
(g) If a covered hospital fails to pay a quarterly installment of the annual
coverage assessment within thirty (30) days of its due date, the bureau shall
report such failure to the department that licenses the covered hospital.
Notwithstanding any other law, failure of a covered hospital to pay a quarterly
installment of the annual coverage assessment or any refund required by this
part shall be considered a license deficiency and grounds for disciplinary action
as set forth in the statutes and rules under which the covered hospital is licensed.
- 12- *004027* (h) In addition to the action required by subsection (g), the bureau is authorized to file a civil action against a covered hospital and its controlling person or persons to collect delinquent annual coverage assessment installments, late penalties, and refund obligations established by this part.
Exclusive jurisdiction and venue for a civil action authorized by this subsection
(h) shall be in the chancery court for Davidson County.
(i)
(1) If any federal agency with jurisdiction over this annual
coverage assessment determines that the annual coverage assessment
is not a valid source of revenue or that the methodology for distribution of
the additional payments to hospitals from the annual coverage
assessment is not valid after an installment has been collected, or if there
is a reduction of the coverage and funding of the TennCare program
contrary to§ 71-5-2803(c), or if the requirements of§ 71-5-2803(b) are
not fully satisfied, or if one (1) or more managed care organizations
impose rate reductions contrary to§ 71-5-2803(d), then:
(A) The bureau shall refund to covered hospitals all
installment payments previously collected within forty-five (45)
days of such event;
(B) No subsequent installments of the annual coverage
assessment shall be due and payable; and
(C) Covered hospitals that received payments pursuant to
§ 71- 5-2805(d)(2) shall refund all such payments to the bureau
within forty-five (45) days of the event, or shall establish a
- 13- *004027* payment plan that has been approved by the bureau within forty
five (45) days of such event.
(2) Upon a determination being made pursuant to subdivision
(i)(1),The bureau shall then have authority to make necessary changes to
the TennCare budget to account for the loss of the annual coverage
assessment revenue.
U) A covered hospital or an association, the membership of which includes thirty (30) or more covered hospitals, shall have the right to file a petition for declaratory order pursuant to § 4-5-223 to determine if there has been a failure to satisfy one (1) of the conditions precedent to the valid imposition of the annual coverage assessment.
(k) A covered hospital may not increase charges or add a surcharge based on, or as a result of, the annual coverage assessment.
(I) Notwithstanding any other provision of this part, if the bureau receives notification from CMS of the determination and approval set forth in§ 71-5-
2803(b), and if the determination and approval have retroactive effective dates, then:
(1) Quarterly annual coverage assessment payments that
become due by application of the retroactive determination date from
CMS shall be paid to the bureau within thirty (30) days of the bureau
notifying the Tennessee Hospital Association that CMS has issued the
determination; and
(2) Quarterly payments to covered hospitals required by§ 71-5-
2805(d)(2) that become due by application of the retroactive approval
date from CMS shall be paid within fifteen (15) days of the bureau
- 14- *004027* notifying the Tennessee Hospital Association that CMS has issued such
approval.
71-5-2805.
(a) The funds generated as a result of this part shall be deposited in the maintenance of coverage trust fund created by§ 71-5-160, the existence of which is continued as provided in subsection (b). The fund shall not be used to replace any monies otherwise appropriated to the TennCare program by the general assembly or to replace any monies appropriated outside of the TennCare program.
(b) The maintenance of coverage trust fund shall continue without interruption and shall be operated in accordance with§ 71-5-160 and this section.
(c) The maintenance of coverage trust fund shall consist of:
(1) All annual coverage assessments received by the bureau; and
(2) Investment earnings credited to the assets of the maintenance
of coverage trust fund.
(d) Monies credited or deposited to the maintenance of coverage trust fund, together with all federal matching funds, shall be available to and used by the bureau only for expenditures in the TennCare program and shall include the following purposes:
(1) Expenditure for benefits and services under the TennCare
program that would have been subject to reduction or elimination from
TennCare funding for FY 2014-2015, except for the availability of one
time funding for that year only, as follows:
- 15- *004027* (A) Replacement of eight percent (8%) reduction in covered and excluded hospital and professional reimbursement rates described in the governor's FY 2015-2016 recommended budget;
(B) Maintenance of essential access hospital payments to the maximum allowed by CMS under the TennCare waiver of at least one hundred million dollars ($100,000,000);
(C) Maintenance of payments to critical access hospitals to achieve reimbursement of full cost of benefits provided to
TennCare enrollees up to ten million dollars ($1 0,000,000);
(D) Maintenance of reimbursement to offset critical access charity costs up to six million dollars ($6,000,000);
(E) Maintenance of payments for graduate medical education of at least fifty million dollars ($50,000,000);
(F) Maintenance of reimbursement for medicare part A crossover claims at the lesser of one hundred percent (1 00%) of medicare allowable or the billed amount;
(G) Funding to increase the rates for the lowest-paid hospitals to reduce the amount of variation in TennCare hospital rates for the same or similar services;
(H) Avoidance of any coverage limitations relative to the number of hospital inpatient days per year or annual cost of inpatient services for a TennCare enrollee;
- 16- *004027* (I) Avoidance of any coverage limitations relative to the number of nonemergency outpatient visits per year for a
TennCare enrollee;
(J) Avoidance of any coverage limitations relative to the
number of physician office visits per year for a TennCare enrollee;
(K) Avoidance of coverage limitations relative to the
number of laboratory and diagnostic imaging encounters per year
for a TennCare enrollee;
(L) Maintenance of coverage for occupational therapy,
physical therapy, and speech therapy services; and
(M) Making Medicaid-disproportionate-share hospital
payments at the maximum amount authorized by the federal
Social Security Act for FY 2014-2015 or expanded essential
access hospital (EAH) payments if approved by CMS;
(2)
(A) Solely from the annual coverage assessment
payments received by the bureau, payments to covered hospitals
to offset losses incurred in providing services to TennCare
enrollees as set forth in this subdivision (d)(2);
(B) Each covered hospital shall be entitled to payments for
FY 2014-2015 of a portion of its unreimbursed cost of providing
services to TennCare enrollees. Unreimbursed TennCare costs
are defined as the excess of TennCare cost over TennCare net
revenue as reported on Schedule E, items (A)(1)(c) and (A)(1)(d)
from the hospital's 2013 joint annual report filed with the
- 17- *004027* department of health. TennCare costs are defined as the product
of a facility's cost-to-charge ratio times TennCare charges. The
amount of the payment to covered hospitals shall be no less than
forty-seven and sixty-four hundredths percent (47.64%) of
unreimbursed TennCare cost for all hospitals licensed by the
state, excluding state-owned hospitals;
(C) The payments required by this subdivision (d)(2) shall
be made in four (4) equal installments. Each installment payment
shall be made by the third business day of four (4) successive
calendar quarters, with the first calendar quarter to be the
calendar quarter in which the annual coverage assessment is first
levied in accordance with § 71-5-2804. The bureau shall provide
to the Tennessee Hospital Association a schedule showing the
quarterly payments to each hospital at least seven (7) days in
advance of the payments;
(D) The payments required by this subdivision (d}(2) may
be made by the bureau directly to the hospitals, or the bureau may
transfer the funds to one (1) or more managed care organizations
with the direction to make payments to hospitals as required by
this subsection. The payments to a hospital pursuant to this
subdivision (d)(2) shall not be considered part of the
reimbursement to which a hospital is entitled under its contract
with a TennCare managed care organization;
(3) Refunds to covered hospitals based on the payment of annual coverage assessments or penalties to the bureau through error, mistake,
- 18- *004027* or a determination that the annual coverage assessment was invalidly imposed; and
(4)
(A) Solely from funds remaining in the trust fund as of
June 30, 2015, payments, and expenditures in the TennCare
program as follows:
(i) Up to seven million eight hundred eight
thousand three hundred dollars ($7,808,300) to replace up
to one percent (1%) reduction in covered and excluded
hospital and professional reimbursement rates described in
the governor's FY 2015-2016 recommended budget;
(ii) Up to the total amount of six million dollars
($6,000,000) to increase the reimbursement of covered
and excluded hospitals and of professionals by five
percent (5%) for services provided to enrollees covered by
TennCare Select until the CoverKids population moves
from the TennCare Select network to an MCO
environment;
(iii) In the total amount of five hundred eighty
seven thousand dollars ($587,000) to maintain
reimbursement at the emergency care rate for
nonemergent care to children aged twelve (12) to twenty
four (24) months to avoid the reduction described in the
governor's FY 2015-2016 recommended budget; and
- 19- *004027* (iv) In the total amount of two million ninety-seven
thousand nine hundred dollars ($2,097 ,900) to the
TennCare bureau to offset the elimination of the provision
in the TennCare managed care contractor risk agreements
for hospitals as follows:
"CRA 2.12.9.60-Specify in applicable
provider agreements that all providers who
participate in the federal 3408 program give
TennCare MCOs the benefit of 3408 pricing."
(B) Expenditures authorized under this subdivision (d)(4)
shall be in addition to expenditures otherwise authorized under
subdivisions (d)(1)-(3).
(e) If a hospital closes or changes status from a covered hospital to an excluded hospital and consequently reduces the amount of the annual coverage assessment to the extent that the amount is no longer sufficient to cover the total cost of the items included in subsection (d), tlie payments for these items may be adjusted by an amount equal to the shortfall, including the federal financial
participation. The items to be adjusted and the amounts of the adjustments shall
be determined by the bureau in consultation with hospitals.
(f) The bureau shall modify the contracts with TennCare managed care
organizations and otherwise take action necessary to assure the use and
application of the assets of the maintenance of coverage trust fund, as described
in subsection (d).
-20- *004027* (g) The bureau shall submit requests to CMS to modify the medicaid
state plan, the contractor risk agreements, or the TennCare II Section 1115
demonstration project, as necessary, to implement the requirements of this part.
(h) At quarterly intervals beginning September 1, 2015, the bureau shall
submit a report to the finance, ways and means committees of the senate, and
the house of representatives, to the health and welfare committee of the senate
and to the health committee of the house of representatives, which report shall
include:
(1) The status, if applicable, of the determination and approval by
CMS set forth in§ 71-5-2803(b) of the annual coverage assessment;
(2) The balance of funds in the maintenance of coverage trust
fund; and
(3) The extent to which the maintenance of coverage trust fund
has been used to carry out this part.
(i) No part of the maintenance of coverage trust fund shall be diverted to
the general fund or used for any purpose other than as set forth in this part.
71-5-2806. This part shall expire on June 30, 2016; provided, however, that the following rights and obligations shall survive such expiration:
(1) The authority of the bureau to impose late payment penalties and to
collect unpaid annual coverage assessments and required refunds;
(2) The rights of a covered hospital or an association of covered
hospitals to file a petition for declaratory order to determine whether the annual
coverage assessment has been validly imposed; and
- 21 - *004027* (3) The existence of the maintenance of coverage trust fund and the
obligation of the bureau to use and apply the assets of the maintenance of
coverage trust fund; and
(4) The obligation of the bureau to implement and maintain the
requirements of§ 71-5-2803(b)(3).
SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it.
- 22- *004027* FILED Senate Finance, Ways, and Means Comm. Am. #1 Date l.f /I '1/1 ~ Amendment No·----'---- Time 1 : AMEND Senate Bill No. 199* House Bill No. 225 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 47-25-302, is amended by deleting subdivision (3) and substituting instead the following: (3) "Cost of doing business by the retailer" is; (A) Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015; (B) Eleven percent (11 %) of the basic cost of cigarettes to the retailer beginning July 1, 2015 until June 30, 2016; (C) Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016 until June 30, 2017; and (D) Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017 and thereafter; SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it. - 1 - *006254* Senate Finance, Ways, and Means Comm. Am. #1 FILED Date l.f/IU/ 1<:; Amendment No .. ___L_ __ _ Time cr: 'i'7 AM lllllllllllllllllllllllllllllll Clerk £DA SA0420 Comm. Amdt. _I_ AMEND Senate Bill No. 322* e Bill No. 291 by deleting SECTION 19 and substituting instead the following: SECTION 19. Tennessee Code Annotated, Section67-6-224(b)(3), is amended by deleting the subdivision in its entirety and substituting instead the following: (3) "Headquarters facility" means a facility in this state that houses the international or national headquarters of a taxpayer, where headquarters staff employees are located and employed, and where the primary headquarters-related functions and services are performed; provided, that any taxpayer that has filed an application and business plan as a regional headquarters with the department prior to July 1, 2015, shall continue to be eligible for the credit described in subsection (a). AND FURTHER AMEND by deleting SECTION 20 and substituting instead the following: SECTION 20. Tennessee Code Annotated, Section 67-6-224(b)(4), is amended by deleting the subdivision in its entirety and substituting instead the following: (4) "Headquarters-related functions and services" means those functions involving administrative, planning, research and development, marketing, personnel, legal, computer, or telecommunications services performed by headquarters staff employees on an international or national basis. "Headquarters-related functions and services" does not include functions involving manufacturing, processing, warehousing, distribution, wholesaling, or operating a call center; provided, that any taxpayer that has filed an application and business plan as a regional headquarters with the department prior to July 1, 2015, shall continue to be eligible for the credit described in subsection (a). - 1 - *006399* AND FURTHER AMEND by deleting the language "to the governor, the speakers of both houses, and the finance, ways and means committees of both houses" wherever it appears in SECTION 1 and substituting instead the following: to the governor, the speakers of both houses, the finance, ways and means committees of both houses, and the office of legislative budget analysis - 2- *006399* Senate Judiciary Comm. Am. #1 FILED Date Y//0 fl) Amendment No. ____:_ ___ Time q :a l( A!1 lllllllllllllllllllllllllllllllllllllllllllll Clerk £i)A SA0364 Comm. Arndt. _I_ AMEND Senate Bill No. 332* House Bill No. 568 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 29-20-102(3)(A), is amended by deleting the language "by an act of the general assembly;" and substituting instead the following language: by an act of the general assembly. "Governmental entity" also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code§ 501 (c)(3), codified in 26 U.S.C. § 501 (c)(3), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property; SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it - 1 - ~~~eED4-\q\\5 Time 1\ ', '0() Clerk·~ 1111111 11111111111111111111111111111111111111 SA0335 Comm. Arndt. ___i__ AMEND Senate Bill No. 574 House Bill No. 515* by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 71-5-1001, is amended by adding the following as a new subdivision to be appropriately designated: ( ) "Continuing care retirement community" means an entity or organization that offers on a single campus setting a continuum of services and facilities for each resident including single and congregate dwellings, assisted living units, and nursing facility services, pursuant to a contract between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life. Entities or organizations defined in this part shall have a minimum ratio of independent/assisted living beds to nursing facility beds of one-to-one; SECTION 2. Tennessee Code Annotated, Section 71-5-1002, is amended by deleting subdivision (h)(1) in its entirety and substituting instead the following: (1) To make expenditures for nursing facility services under the TennCare program for FY 2015-2016 at the full rates for the specified fiscal year as set in accordance with§ 71-5-105(a)(3)(B)-(D), that would have been subject to reduction by the bureau of TennCare for FY 2015-2016, except for the availability of one-time funding for that year only. Payment of full rates to restore a rate reduction from the bureau of TennCare as described in this section shall be satisfied only by the money available in the fund described in this section and before making any other payments from the fund; SECTION 3. Tennessee Code Annotated, Section 71-5-1003, is amended by deleting in subsection (b) the language "uniform" and substituting instead the language "established pursuant to subsection (c)". - 1 - SECTION 4. Tennessee Code Annotated, Section 71-5-1003, is further amended by deleting subsections (c) and (d) and substituting instead the following: (c) The aggregated amount of assessments for all nursing facilities from July 1, 2015, through June 30, 2016, shall equal four and three-quarters percent (4.75%) of the net patient service revenue. For any nursing home licensed on July 1, 2015, the annual assessment for each nursing facility shall be determined as follows: (1) Any licensed nursing home that is licensed on July 1, 2015, for fifty (50) beds or fewer shall pay an assessment rate equal to three percent (3%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (2) Any licensed nursing home that on July 1, 2015, operates as part of a continuing care retirement community shall pay an assessment rate equal to three percent (3%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (3) Any licensed nursing home providing fifty thousand (50,000) or greater medicaid patient days for the twelve (12) months ending December 31 of the prior year shall pay an assessment of two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year. The facility shall pay the per bed rate on all beds licensed as of July 1 of each year. This annual nursing home assessment fee and/or the high-volume medicaid threshold can be modified if necessary to meet the redistribution test of 42 CFR 433.68(e)(2); (4) Any nursing facility that is initially licensed and commences operations after July 1, 2015, shall pay in FY 2015-2016 a prorated assessment equal to two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year, prorated to accrue from the date the nursing facility became certified to participate in TennCare. The change in ownership of an existing licensed facility shall not meet the requirements of this subdivision (c)(4); - 2- *005611* (5) Any licensed nursing home not meeting the criteria of subdivisions (c)(1)-(4) shall pay an equal annual per facility assessment at such amounts necessary to ensure that the aggregated amount of assessments for all nursing facilities from July 1, 2015, through June 30, 2016, shall equal four and three quarters percent (4.75%) of the net patient service revenue; and (6) Any facility that ceases to be licensed by the department of health shall not be required to pay assessment fees accruing after the date of its licensure termination. (d) Each nursing home shall pay its nursing home annual assessment fee as set forth in subsection (c) in equal quarterly installments due on the fifteenth day following the end of each quarter. SECTION 5. Tennessee Code Annotated, Section 71-5-1004, is amended by deleting subsections (a) and (b) and substituting instead the following: (a) Upon enactment of the assessment fee pursuant to this part, the bureau of TennCare shall make increased payments to nursing facilities for FY 2015-2016 as part of a transition to a full acuitycbased reimbursement system. (b) (1) During FY 2015-2016, the bureau of TennCare shall make a supplemental transitional payment to nursing facilities for the transition to an acuity-based reimbursement system, which exceeds the amount of nursing home medicaid rates, in the aggregate, as calculated in accordance with the approved state medicaid plan in effect on July 1, 2015. (2) The total aggregated amount of funds available for this supplemental payment shall be equal to the difference between: (A) The aggregated amount of nursing home trust fund assessments scheduled to be paid by all nursing homes during FY 2015- 2016; and -3- *005611* (B) The total amount of nursing home privilege tax paid by all nursing homes during FY 2013-2014. (c) The supplemental transitional payments shall be allocated as follows, in consultation with the Tennessee Health Care Association: (1) Thirty-five percent (35%) allocated in the same manner as the 2014 acuity payment; (2) Thirty-five percent (35%) allocated strictly based on medicaid day-weighted CMI score; (3) Twenty-six percent (26%) allocated based on quality measures adopted by the bureau of TennCare and the Tennessee Health Care Association; and (4) Four percent (4%) allocated to fund full payment of nursing facility reimbursement rates as set forth in§ 71-5-1002(h)(1), and administrative costs associated with'systems development, which shall be used to implement an electronic cost report submission system and online process for facilities to submit data needed to support the new acuity-based reimbursement system. SECTION 6. Tennessee Code Annotated, Section 71-5-1006, is amended by adding a new subsection (f) as follows: (f) Any licensed facility that changes its licensure status to inactive status pursuant to§ 68-11-206(b) shall be entitled to request that its nursing home annual assessment fee be held in abeyance until such time as the facility returns to active status, at which time the facility shall resume payment of the annual assessment fee that was held in abeyance. During the abeyance because of inactive status, the facility shall not be determined to be delinquent pursuant to this section. Nothing in this subsection (f) shall operate to excuse any licensee from the payment of its nursing home annual assessment fee. SECTION 7. Tennessee Code Annotated, Section 71-5-1009, is amended by deleting the language "of the nursing home assessmentfee due on July 15, 2014, pursuant to§ 68-11- -4- *005611* 216(c)" and substituting instead the language "of any nursing home assessment fee due prior to July 1, 2015". SECTION 8. Tennessee Code Annotated, Section 71-5-1010, is amended in subsection (a) by deleting the year "2015" and substituting instead the year "2016". SECTION 9. Tennessee Code Annotated, Section 71-5-1011 (a), is amended by deleting the year "2014" wherever it appears and substituting instead the year "2015"; and further amended by deleting the language "the commencement date" and substituting instead the language "the necessary approvals are obtained". SECTION 10. Tennessee Code Annotated, Section 71-5-1011 (b), is amended by deleting the year "2014" wherever it appears and substituting instead the year "2015"; by deleting the language "two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year" and substituting instead the language "four and one-half percent (4.5%) of net patient service revenue divided prorata among all facilities"; and deleting the fifth sentence of the subsection. SECTION 11. This act shall take effect July 1, 2015, the public welfare requiring it. -5- *005611* DateFILE~I D \n-U Time I; Clerk 111111111111111111111111111111111111111111111 Comm. Arndt. --1-- SA0410 AMEND the following language as a new subdivision: (6) Employees of the executive branch in the state service, as defined by § 8-30- 102, hired after June 30, 2015. SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it. 0523680194 - 1- *005248* Senate Education Comm. Am. #1 FILED Date :>,/6/l':j Time q·, ')') A t\ lllllllllllllllllllllllllllllll SA0046 Clerk t QA Comm. Arndt._..!__ AMEND Senate Bill No. 612* House Bill No. 675 by adding the following language as a new subdivision (6) of subsection (a) in the amendatory language of Section 1: (6) (A) Achieves a final overall weighted high school grade point average of at least 3.0; or (B) Attains a composite ACT score of at least 21 on any single ACT test date or a combined SAT score of at least 980 on any single SAT test date. 0256817028 - 1 - *003927* Senate Education Comm. Am. #2 FILED Date 3/{fl) Time <) ~ S" 5" AM IIIII/I IIIII/IIIII/III IIIII IIIII IIIII/III/III SA0047 Clerk f DA ""'T--::;;,1 ~~~~~~~ Comm. Arndt. _2_ AMEND Senate Bill No. 612* House Bill No. 675 by deleting the language "three (3) years" in subdivision (a)(1) of SECTION 1 and substituting instead "four (4) years". IIIII I - 1 - *003958* Senate Finance, Ways, and Means Comm. Am. #1 FILED A\ I Date 1= lJ5 Time (l.', 2.2. IIIII/III/II/I III/III/IIIII IIIII //IIIII/IIIII Clerk M.\\\t.. SA0320 Comm. Amdt. _l__ AMEND Senate Bill No. 612* use Bill No. 675 by deleting the language "An individual shall be exempt" in SECTION 1(a) of the bill and substituting instead: At the discretion of the board of regents or University of Tennessee board of trustees, as applicable, an individual may be exempt - 1 - Senate Finance, Ways, and Means Comm. Am. #2 A FILED I I Date 1'4-15 Amendment No. __ tt"____ _ Time 1:7~: '2-:l IIIII/I IIIII/III/IIIII lllllllllllllllllllllll Cierk M..\\\t. SA0321 Comm. Arndt. :;)... AMEND Senate Bill No. 612* by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by adding the following language as a new section: (a) A student may be classified as a Tennessee resident and be charged in-state tuition, if the student: (1) Is lawfully present in the United States; and (2) (A) Graduated from a Tennessee high school; (B) Obtained a GED® or HiSE~ credential awarded by a state-approved institution or organization; or (C) Completed high school in a Tennessee home school program. SECTION 2. Tennessee Code Annotated, Section 4-58-102(7), is amended by adding the following language as a new subdivision: Does not include the residency rule authorized by Section 1 of this act. SECTION 3. This act shall take effect July 1, 2015, the public welfare requiring it, and shall apply to the 2015-2016 academic year and academic years thereafter. - 1 - Council on Pensions and lnsurance1 FILED Date 3·/'l/.J Amendment No .. __-'----- Time /0:/5q,£ lllllllllllllllllllllllllllllllllllllllllllll Clerk MV SA0088 Comm. Arndt. Signature of ~r AMEND Senate Bill No. 607* House Bill No. 648 by deleting § 8-27-203(a)(1) in SECTION 2 and substituting the following: From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating covered individual within the respective departments, agencies, boards, and commissions, eighty percent (80%) of the cost of the coverage option for employees and employees' dependents, determined by the state insurance committee to be the basic health plan for funding purposes. In addition to this basic health plan for funding purposes, the state insurance committee may offer other plan options. AND FURTHER AMEND by deleting§ 8-27-203(a)(3) in SECTION 2. AND FURTHER AMEND by deleting the language "This subsection" in the. last sentence of§ 8- 27-204(a)(3) in SECTION 2 and substituting the language "This subdivision (a)(3)". AND FURTHER AMEND by deleting the first sentence of§ 8-27-205(b)(1) in SECTION 2 and substituting the following language: The state insurance committee shall establish a schedule of premiums and is authorized to establish a schedule of defined contributions for retirees eligible for the health benefits established under this part. AND FURTHER AMEND by redesignating§ 8-27-205(d) in SECTION 2 as§ 8-27-205(e) and adding the following language as new§ 8-27-205(d): (d) The state insurance committee shall extend eligibility to the dependents of retired state employees who are eligible for the retiree coverage authorized in this section. The state insurance committee may determine which dependents are eligible, - 1 - and what documentation is required to establish eligibility, subject to the requirements of state and federal law. Eligibility standards for dependents will be approved at public meetings of the state insurance committee and published in the plan documents. The state may deny coverage to the spouses of retired state employees who are eligible for similar group health insurance through their employers. AND FURTHER AMEND by deleting the language "thirty (30) years of service" in the third sentence of§ 8-27-209(d)(1) in SECTION 2 and substituting the language "thirty (30) or more years of service". AND FURTHER AMEND by deleting the language "may establish" from the first sentence of§ 8-27-305(a) in SECTION 3 and substituting the language "shall establish". AND FURTHER AMEND by adding the language "with the exception that the local education insurance committee shall not waive the verification requirement in subdivision (c)(1)(A)" at the end of the second sentence of§ 8-27-304(e) in SECTION 3. AND FURTHER AMEND by adding the following language as a new subsection to§ 8-27-205 in Section 2: (f) (1) The commissioner offinance and administration, the chair of the finance ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the state insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding§ 8-27-103(a), such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. - 2 - *004502* (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (f) shall be effective September 1, 2015. AND FURTHER AMEND by adding the following language as a new subsection to§ 8-27-305 in Section 3: (f) (1) The commissioner of finance and administration, the chair of the finance ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local education insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding§ 8-27-103(a), such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. - 3 - *004502* (4) This subsection (f) shall be effective September 1, 2015. AND FURTHER AMEND by adding the following language as a new subsection to§ 8-27-705 in Section 4: (d) (1) The commissioner of finance and administration, the chair of the finance ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local government insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding§ 8-27-103(a), such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (d) shall be effective September 1, 2015. AND FURTHER AMEND by adding the following as a new subdivision at the end of§ 8-27- 203(a) in Section 2: (3) The provisions of the basic health plan and other plan options and the state premium support amounts thereto pursuant to this subsection (a) must comply with a -4- *004502* ' written policy approved by the Council on Pensions and Insurance before becoming effective. AND FURTHER AMEND by inserting the following new section immediately preceding the last section and renumbering the subsequent section accordingly: SECTION_. Tennessee Code Annotated, Title 8, Chapter 27, is amended by adding the following language as a new part: 8-27-801. As used in this part, unless the context otherwise requires: (1) "Other post-employment benefits" or "post-employment benefits" means non pension benefits paid on behalf of former state employees or the former state employees' beneficiaries after separation from service. The benefits may include, but shall not be limited to, medical, prescription drugs, dental, vision, hearing, Medicare part B or part D premiums, life insurance, long-term care, and long-term disability. (2) "Trustees" means the four trustees designated in§ 8-27-205(e). 8-27-802. (a) The trustees shall establish an investment trust or trusts for the purpose of pre-funding other post-employment benefits accrued by employees of the state, to be paid as they come due in accordance with the arrangements between the state, the plan members and their beneficiaries. (b) The trustees must adopt, in writing, an investment policy or policies authorizing how assets in the trust(s) may be invested. (c) The trust(s) may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest; provided, that investments by the trust shall be governed by the investment policies and guidelines adopted by the trustees in accordance with this part. The trustees shall delegate to the state treasurer the responsibility for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees. (d) The trust must conform to all applicable laws, rules, and regulations of the internal revenue service, if any. -5- *004502* 8-27-803. (a) Any trust created under this part shall be an irrevocable trust and the assets thereof shall be preserved, invested and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. The assets of the trust(s) shall be expended solely to: (1) Make payments for other post-employment benefits pursuant to and in accordance with terms of the state's post-employment benefit plans. (2) Pay the cost of administering the trust. (b) The state treasurer shall administer any trust created under this part. The attorney general and reporter shall approve the terms of any trust created under this part. (c) Any investment trust so created shall have the powers, privileges and immunities of a corporation; and all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received. (d) Notwithstanding any law to the contrary, all assets, income and distributions of the investment trust shall be protected against the claims of creditors of the state, plan administrators, and plan participants, and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court. 8-27-804. (a) The initial funding of any trust created under this part shall be from appropriations made in the general appropriations act for such purpose. (b) Unexpended funds remaining in any trust or trusts created under this part in any fiscal year shall not revert to the general fund; (c) The funds transferred to any trust created under this part may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust(s). All or a portion of the trust(s) may be invested, reinvested and - 6 - *004502* co-invested with other funds, not a part of the trust(s), held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to title 9, chapter 4, part 6. The state treasurer shall account for such trust funds in one (1) or more separate accounts in accordance with this section and other law. 8-27-805. In addition to the powers granted by any other provisions of this part, the trustees shall have the powers necessary or convenient to carry out the purposes and provisions of this part and the purposes and objectives of the investment trust or trusts, including, but not limited to, the following express powers: (1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to §8-27-802(b); (2) To contract for the provision of all or any part of the services necessary for the management and operation of the investment trust; (3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; (4) To contract with an actuary or actuaries in determining the level of funding necessary by the state to fund the other post-employment benefits offered by the subdivision; (5) To prepare annual financial reports, including financial statements following the close of each fiscal year relative to the activities of the trust(s). The statements and reports shall be prepared in accordance with the governmental accounting standards board. The annual report, including financial statements, all books, accounts and financial records of any trust created under this part shall be subject to audit by the comptroller of the treasury. 8-27-806. Nothing in this part shall be construed to define or otherwise grant any rights or privileges to other post-employment benefits. The rights and privileges, if any, shall be governed by the terms of the state's post-employment benefit plans. - 7- *004502* Senate Judiciary Comm. Am. #1 FILED Date '1/(0!t> Amendment No. _____!. __ _ Time q; o~ AM lllllllllllllllllllllllllllllllllllllllllllll Clerk E.DA SA0361 Comm. Arndt. _I_ Sponsor AMEND Senate Bill No. 711* House Bill No. 854 by deleting all language after the caption and substituting instead the following: WHEREAS, establishing specialized veterans treatment courts that adhere to uniform guidelines will meet the specialized problems faced by veterans involved in the criminal justice system; and WHEREAS, it is necessary to create and fund a program to facilitate the implementation of new, and the continuation of, existing veterans treatment court programs; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act shall be known and may be cited as the "Criminal Justice Veterans Compensation Act of 2015" or the "CJVC Act." SECTION 2. Tennessee Code Annotated, Title 16, is amended by adding Sections 3 through 8 as a new chapter 6. SECTION 3. As used in this chapter: (1) "Nonadversarial approach" means that the district attorney general and the defense attorney work together for the benefit of the veterans treatment court program participants and the program; and (2) "Veterans treatment court program" means a stand-alone veterans treatment court program established by a judge of a court of this state exercising criminal jurisdiction or a veterans court track created within an existing certified drug court. SECTION 4. A veterans treatment court program shall have the same powers as the court that created it. Any disagreements shall be resolved prior to court and not in front of the participants. II - 1 - *006093* SECTION 5. All veterans treatment court programs in this state shall be established and operated according to the following ten (10) key components as adopted by the National Clearinghouse for Veterans Treatment Courts at the National Association of Drug Court Professionals: (1) Veterans treatment courts integrate alcohol and drug treatment and mental health services with justice system case processing; (2) Veterans treatment courts promote public safety while protecting participants' due process rights by prosecution and defense counsel using a nonadversarial approach; (3) Veterans treatment courts identify eligible participants early and promptly place them in the veterans treatment court program; (4) Veterans treatment courts provide access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services; (5) Veterans treatment courts monitor abstinence by frequent alcohol and other drug testing; (6) Veterans treatment courts establish a coordinated strategy to govern responses to participants' compliance; (7) Veterans treatment courts maintain ongoing judicial interaction with each veteran as an essential component of the program; (8) Veterans treatment courts utilize monitoring and evaluation to measure the achievement of program goals and gauge effectiveness; (9) Veterans treatment courts employ continuing interdisciplinary education and training to promote effective veterans treatment court planning, implementation, and operations; and (1 0) Veterans treatment courts forge partnerships among the court, the veterans administration, public agencies, and community-based organizations to generate local support and enhance veterans treatment court effectiveness. -2- *006093* SECTION 6. The department of mental health and substance abuse services shall administer veterans treatment court programs by: (1) Defining, developing, and gathering outcome measures for veterans treatment court programs, established by this chapter; (2) Collecting, reporting, and disseminating veterans court treatment program data; (3) Supporting a state veterans treatment mentor program; (4) Sponsoring and coordinating state veterans treatment court program training; (5) Awarding, administering, and evaluating state veterans treatment court program grants; (6) Developing standards of operation for veterans treatment court programs to ensure there is a significant population of veterans in the criminal justice system willing to volunteer to participate in veterans treatment court programs so that funds are allocated to meet the greatest need; and (7) Establishing three (3) veterans treatment court advisory committee member · positions on the drug court advisory committee established by § 16-22-108. SECTION 7. Through the department of mental health and substance abuse services, a court exercising criminal jurisdiction within this state or a veterans treatment court program may apply for veterans treatment court" program grant funds established in§ 16-22-1 09(d)(4), if funds are available, to: (1) Fund a full-time or part-time program director position; (2) Fund veterans treatment court program staff whose job duties are directly related to program operations; (3) Fund substance abuse treatment, mental health treatment, and other direct services for veterans treatment court program participants; (4) Fund drug testing; (5) Fund program costs directly related to program operations; and (6) Implement or continue veterans treatment court program operations. - 3 - *006093* SECTION 8. The department of mental health and substance abuse services veterans treatment court program grant awards shall not be: (1) Used to pay for costs not directly related to veterans treatment court program operations; (2) Made to any court that does not agree to operate its veterans treatmE)nt court program in accordance with the principles set out in this chapter; (3) Used for construction or land acquisition; (4) Used to pay bonuses or commissions to any individuals or organizations; or (5) Used to form a corporation. SECTION 9. Tennessee Code Annotated, Section 16-22-109, is amended by deleting the language "seventy-five dollars ($75.00)" in subsections (a) and (c) and substituting instead the language "one hundred thirty dollars ($130)". SECTION 10. Tennessee Code Annotated, Section 16-22-109(d), is amended by deleting the subsection and substituting instead the following: (d) (1) This assessment shall be subject to§ 8-21-401 and shall be in addition to all other taxes, costs, and fines. · (2) The first ten dollars ($1 0.00) of each such assessment shall be paid to the clerks of the court imposing the assessment, who shall transfer it to the state treasurer, who shall credit it to the general fund and earmark it for use by the department of mental health and substance abuse services for funding drug court treatment program and veterans treatment court program administration. (3) The revenue generated by seventy dollars ($70.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the creation and maintenance of state drug court treatment programs as defined in § 16-22-1 04; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (d)(3). - 4 - *006093* In the event no drug court treatment program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state to be placed in the drug court treatment program resources fund to be administered by the department of mental health and substance abuse services, in accordance with § 16-22-110. (4) The remaining fifty dollars ($50.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the operation and maintenance of veterans treatment court programs in the county; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (d)(4). In the event no veterans treatment court program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state, deposited in a separate account in the general fund, and designated for the exclusive use of the department of mental health and substance abuse services to assist existing veterans treatment court programs and to create and establish veterans treatment court programs in areas of this state that have a significant veteran population involved in the criminal justice system. The department is not required to distribute money to any county that operates or establishes a veterans treatment court program that does not operate according to the ten (1 0) key components or, for which program, the judge or other court professionals have not completed nationally recognized training and state certification as established by the department. (5) The comptroller's regular audit of a local government shall also include the dedicated county funds established by this section. (6) As used in this subsection (d), "veterans treatment court program" has the same meaning as defined in chapter 6 of this title. SECTION 11. Tennessee Code Annotated, Section 16-22-105, is amended by deleting the language "department of finance and administration, office of criminal justice programs," and - 5 - *006093* by substituting instead the language "department of mental health and substance abuse services". SECTION 12. Tennessee Code Annotated, Section 16-22-106, is amended by deleting the language "office of criminal justice programs" and substituting instead the language "department of mental health and substance abuse services". SECTION 13. Tennessee Code Annotated, Section 16-22-107, is amended by deleting the language "Office of criminal justice program" and substituting instead the language "Department of mental health and substance abuse services". SECTION 14. Tennessee Code Annotated, Section 16-22-108, is amended by deleting the language "office of criminal justice programs" and substituting instead the language "department of mental health and substance abuse services". SECTION 15. This act shall take effect July 1, 2015, the public welfare requiring it. -6- *006093* Senate Energy, Ag., and Nat. Resources Comm. Am. #1 111111111111111111111111111111111111111111111 SA0192 AMEND Senate Bill No. 728* House Bill No. 855 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 23, is amended by adding the following as a new section: (a) The department of transportation may establish a sponsorship program that allows a person or entity to sponsor a welcome center or rest area through the provision of highway-related services, products, or monetary contributions. The department may consult the departments of safety and tourist development in developing the program. The department may enter into a sponsorship agreement to obtain sponsorship for the welcome centers and rest areas and acknowledge a sponsor for the provision of the service, product, or monetary contribution. (b) A sponsorship program shall allow the installation of acknowledgment signs or markers, or the inclusion of sponsorship messages on existing signs or markers, within the rest areas and welcome centers, and on the portions of the interstate system and state system of highways and associated rights-of-way near the rest areas and welcome centers. (c) The department shall prefer sponsorship by persons or entities that have a transportation purpose or otherwise promote highway safety. (d) This section does not authorize signs or markers, or inclusion of sponsorship messages, that advertise or promote commercial products or services through slogans, information on where to obtain the products and services, or other means. (e) Sponsorship agreements, sponsorship policies, and signs or markers authorized under this section shall be consistent with: - 1 - (1) The Manual on Uniform Traffic Safety Devices; (2) Order 5160.1A, Policy on Sponsorship Acknowledgment and Agreements within the Highway Right-of-Way dated April7, 2014, issued by the federal highway administration; and (3) Other applicable state and federal laws and guidelines. (f) A person or entity that enters into a sponsorship agreement with the department for a sponsorship shall pay the costs of: (1) Manufacturing and installing a sign or marker; (2) Placing a sponsorship message on a sign or marker; and (3) Removing a sponsorship message, sign, or marker after the expiration or termination of the sponsorship agreement. (g) The revenue generated from a sponsorship for any facilities on which federal-aid funds are used shall be deposited into the highway fund to be used solely for highway purposes. The revenue generated from a sponsorship for any facilities on which federal-aid funds are not used shall be deposited into the highway fund to be used to offset costs associated with providing the facility being sponsored or for highway purposes; provided, that the department is urged to use the revenue for highway purposes. (h) If the department establishes a sponsorship program, then the department shall adopt a sponsorship policy on sponsorship agreements that applies to all welcome centers and rest areas along the highways of the interstate system and state system of highways and associated highways and highway rights-of-way; provided, that provisions of the policy regarding welcome centers shall be developed in cooperation with the department of tourist development. The sponsorship policy shall: (1) Be subject to approval by the federal highway administration; (2) Include requirements that eligible sponsors comply with state and federal laws prohibiting discrimination based on race, religion, age, sex, national origin, and other applicable laws; - 2- *004244* (3) Include language requiring the department to terminate a sponsorship agreement, if it determines the sponsorship agreement or acknowledgment sign or marker: (A) Presents a safety concern; (B) Interferes with the free and safe flow of traffic; or (C) Is not in the public interest; and (4) Describe the types of sponsors and sponsorship agreements that are acceptable and consistent with applicable state and federal laws. (i) A sponsorship message: (1) Shall identify the sponsor as a sponsor of the welcome center or rest area and include only the name and logo of the sponsor; (2) Shall not include, identify, or promote: (A) Alcohol or tobacco products; (B) Adult-oriented establishments, as defined in§ 7-51-1102 or§ 7-51-1401; (C) Political candidacies, political issue advocacy, or political campaign advertising; or (D) Any unlawful conduct or activities; (3) Shall not resemble an official traffic-control device, as defined in § 55- 8-101; and (4) Shall comply with federal outdoor advertising regulations in accordance with 23 U.S.C. § 131. U) In consultation with the departments of safety and tourist development, the department of transportation is authorized to promulgate rules necessary to effectuate this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it. -3- *004244* Senate Finance, Ways, and Means Comm. Am. #1 FILED Date '1//\f /1'1 Amendment No. __~z,__ ___ Time '1 ~ 'I i At\ Clerk fDA IIll\\\ ll\11\l Ill\ Ill\ IIIII IIIII IIIII Ill\ Ill\ SA0419 Comm. Amdt._l_ Signature of Sp;;sor AMEND Senate Bill No. 728* House Bill No. 855 by deleting subsection (a) of SECTION 1, as amended by #4244, and substituting instead the following: (a) The department of transportation may establish a sponsorship program that allows a person or entity to sponsor a welcome center or rest area. The department may consult the departments of safety and tourist development in developing the program. The department may enter into a sponsorship for the welcome centers and rest areas and acknowledge a sponsor for the provision of services, products, or monetary contributions. The sponsorship program authorized in this section shall be distinct from, and shall not impair, any commercial advertising or any other tourism promotion program operated by the department of tourist development within welcome centers. AND FURTHER AMEND by adding the following sentence at the end of SECTION 1 (g), as amended by #4244: This section does not authorize nor apply to.commercial advertising in kiosks or any other tourism promotion program operated within welcome centers. The revenue generated from such commercial advertising and tourism promotion programs shall be allocated to the department of tourist development and used for purposes set forth in §§ 4-3-2201 -4-3-2209. AND FURTHER AMEND by deleting subdivision (2) in SECTION 1(h), as amended by #4244, and substituting instead the following: IIIII III - 1 - *005747* (2) Include requirements that eligible sponsors comply with state and federal laws prohibiting discrimination based on race, color, national origin, age, sex, religion, disability, or any other category under applicable laws; - 2- *005747* Senate Education Comm. Am. #1 FILED Date 3/12. /1) Time g j 0$ Clerk DA 111111111111111111111111111111111111111111111 e SA0068 L@~_ Comm. Amdt. ...L__ Signature of Sponsor AMEND Senate Bill No. 740* House Bill No. 1273 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 49-13-1 06(a), is amended by designating the existing language as subdivision (1) and adding the following language as subdivision (2): (2) A charter school may be formed to provide quality educational options for children with disabilities, as defined in§ 49-10-102, for children who have specific academic needs, or for a single sex. The enrollment in such charter schools may be limited to those students who meet admissions criteria, including academic admissions criteria, set by the charter school. Notwithstanding subdivision (b)(1 )(C), the restriction of the school to a group of children as specified in this subdivision (a)(2) shall not reduce the score of the charter school's application if the charter school demonstrates other strengths or focuses, as provided in subdivision (b)(1)(E). SECTION 2. Tennessee Code Annotated, Section 49-13-113, is amended by adding the following language as a new subsection: Subsections (b)-(d) shall not apply to a charter school formed to provide quality educational options for students under§ 49-13-106(a)(2). A student who is admitted to and remains enrolled in the charter school shall not be required to reapply from year-to- year. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it. - 1 - *004157* Senate State and Local Government Comm. Am. #1 ~~~eED ~I D liS" Time ll'· I S' lllllllllllllllllllllllllllllllllllllllllllll Clerk~ SA0406 Comm. Amdt. I SECTION 1. Tennessee Code Annotated, Section 57-4-102(37), is amended by adding the following language as a new subdivision: (C) "Theater'' also means an establishment in which motion pictures are exhibited to the public regularly for a charge. The theater shall have a local beer permit for on-premises consumption. The theater shall regularly serve prepared food to patrons and each auditorium in which alcoholic beverages may be consumed shall allow dining at each seat in the auditorium. Prior to making a sale of any alcoholic beverage, a valid, ·government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes a photograph and date of birth of the adult consumer attempting to make the purchase, shall be produced to the licensee. The theater shall also periodically visually monitor all auditoriums in which alcoholic beverages are permitted and each beverage containing an alcoholic beverage shall be distinct from any other container used to serve nonalcoholic beverages. SECTION 2. Tennessee Code Annotated, Section 57-4-101(a)(16), is amended by deleting the following language: ..Such alcoholic beverages, wine and beer shall only be sold on such premises in the area accessible only to persons twenty-one (21) years of age or older SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it. - 1 - *006156* Senate State and Local Government Comm. Am. #1 ~~;eED4l!D 16 lllllllllllllllllllllllllllllllllllllllllllll Time fFIS SA0408 Clerk M.-\-\1( Comm. Arndt. J AMEND Senate Bill No. 17* by deleting all language after the e cling clause an SECTION 1. Tennessee Co Annotated, Section 57-3-406, is amended by adding the following as a new subsection: (k) (1) Notwithstanding any law or rule to the contrary, beginning July 1, 2015, a delivery service that delivers prepared food from restaurants to customers as part of the delivery service's business is authorized to deliver sealed packages of alcoholic beverages or beer or both sold by a retailer licensed under § 57-3-204 to the delivery service's customers if: (A) The amount of alcoholic beverages and beer delivered to a customer does not exceed more than one gallon (1 gal.) per customer per delivery; (B) At least fifty percent (50%) of the delivery service's gross sales come from the delivery of food products or prepared food; (C) Any delivery service employee who delivers alcoholic beverages or beer is twenty-one (21) years of age or older and is licensed pursuant to § 57 -3-225; (D) The delivery service is licensed pursuant to § 57 -3-224; (E) The delivery service has a written agreement with the retailer to deliver the retailer's alcoholic beverages or beer to customers; and - 1 - *005878* (F) Any delivery service employee, who delivers alcoholic beverages or beer, requires the customer to show a valid, government issued document, such as a driver license or other form of identification deemed acceptable to the employee that includes the photograph and birth date of the customer before the customer is allowed possession of the alcoholic beverages or beer. (2) A delivery service described in subdivision (k)(1) shall not be prohibited from charging a fee to customers when delivering sealed packages of alcoholic beverages or beer sold by a retailer. SECTION 2. Tennessee Code Annotated, Title 57, Chapter 3, Part 2, is amended by adding the following as new sections: 57-3-224. (a) Beginning July 1, 2015, there is created a delivery service license to be issued by the commission to any delivery service that delivers prepared food from restaurants to customers as part of the delivery service's business and seeks to deliver sealed packages of alcoholic beverages or beer or both sold by a retailer licensed under § 57-3-204 as part of such delivery service. (b) (1) Any person, partnership, limited liability company, or corporation desiring to deliver sealed packages of alcoholic beverages or beer sold by a retailer licensed under§ 57-3-204 as part of such delivery service shall make application to the commission for a delivery service license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission shall, subject to the restrictions of this section, issue such license. (2) - 2 - *005878* (A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in§ 57-3-210(c). (B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in the state of Tennessee regardless of the residence of the ownership of such entity. (c) Each applicant for a delivery service license shall pay to the commission a. one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A delivery service license shall not be issued by the commission until the applicant pays the annual license fee of one hundred fifty dollars ($150). (d) Each delivery service licensee shall conduct, or have a third party conduct, a local and national criminal background check on any potential employee that seeks to be licensed pursuant to§ 57-3-225. Such background check shall include a multistate criminal records locator or other similar commercial nationwide database with validation. (e) It is the duty of each delivery service licensee to ensure that each employee, delivering alcoholic beverages or beer pursuant to § 57 -3-406(k) for the licensee, is licensed pursuant to § 57-3-225. 57-3-225. (a) Beginning July 1, 2015, there is created a delivery employee license to be issued by the commission to any individual employed by a person licensed pursuant to § 57-3-224 who delivers alcoholic beverages or beer pursuant to § 57 -3-406(k). (b) Any individual seeking a delivery employee license shall make application for such license by completing an application form in the manner prescribed by the commission. The individual shall demonstrate that the individual meets the following requirements: - 3- *005878* (1) Is at least twenty-one (21) years of age; (2) Has had a background check done pursuant to§ 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale or distribution of alcohol within the previous eight (8) years or has not been convicted of any felony within the previous five (5) years; and (3) Has a valid driver license. (c) Each individual applying for a license under this section shall pay to the commission a fee of fifty dollars ($50.00). Each delivery employee license shall be valid for a period offive (5) years. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it. -4- *005878* Senate Finance, Ways, and Means Comm. Am. #1 FILED Date l..f /I '111 '5 Amendment No. ____,_ ___ Time 9: 'f.., AtJ Clerk E.OA 111111111111111111111111111 IIIII 1111111111111 SA0421 Comm. Arndt._(_ AMEND Senate Bill No. 998 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 7-40-104(c), is amended by deleting the first sentence and substituting instead the following: The apportionment and distribution of state sales and use taxes shall commence with the first fiscal year after the certification of the district for which the municipality has submitted a cost certification for that fiscal year as provided in this subsection (c). The base tax revenues shall be determined in accordance with the definition in§ 7-40-103, irrespective of whether a municipality filed a cost certification for the first year for which the municipality was entitled to receive an allocation of tax revenue. Within thirty (30) days after the end of each fiscal year for which a municipality is requesting an allocation of sales and use tax revenues, the municipality shall submit to the commissioner a summary of the cost of the economic development project through the end of that fiscal year with supporting documentation certified by the chief financial officer of the municipality. The certification by the chief financial officer of the municipality shall be deemed an official act of that officer on behalf of the municipality, and that officer shall not be personally liable for any incorrect information in the certification. SECTION 2. Tennessee Code Annotated, Section 7-40-104, is further amended by adding the following language as new subsections: (e) Not later than June 30, 2015, any municipality in which a district has been certified may exclude, on a one-time basis, from the district for the remainder of the term that the district is certified, any property or properties initially included in the certified 1111111111 - 1 - *004604* district by designating the exclusion of the property or properties by resolution of the legislative body of the municipality. A certified copy of the resolution shall be filed with the commissioner not later than sixty (60) days after adoption by the legislative body of the municipality. Upon exclusion, and except as provided in this subsection (e), the excluded property or properties shall be treated as if the property or properties were never included in the district for all purposes, including the calculation of base tax revenues, commencing with the fiscal year ending June 30, 2015, and the municipality shall not be entitled to receive any future incremental increases in tax revenues relating to businesses located on the excluded property or properties. Notwithstanding this subsection (e), the adoption of the resolution shall not affect any prior distribution relating to the district for any fiscal year ending on or before June 30, 2014 .. (f) For purposes of determining whether a business is located in the district, the commissioner shall rely on the address of the business as shown on the business's tax return. SECTION 3. Tennessee Code Annotated, Section 7-40-106(c), is amended by adding the following language at the end of the subsection: If the commissioner determines that any cost included in a certification of a municipality submitted pursuant to§ 7-40-104(c) is not a qualifying cost within the meaning of§ 7-40- 103, the commissioner shall promptly give notice of the determination to the municipality. Upon receipt of the notice, the municipality may contest the determination following the procedures set forth in § 4-5-223. If the commissioner determines that any cost is not a qualifying cost, the commissioner may not recoup, on such basis, any payment that has already been made by the commissioner to the municipality or industrial development board. However, the amount of the unqualified cost shall offset and reduce the amount of any future distribution of tax revenues to the municipality or industrial development board. The chief financial officer of the municipality may rely on certifications and documentation of third parties in connection with making any certification under this - 2 - *004604* chapter unless the chief financial officer has actual knowledge that the certification or documentation by the third party is false. SECTION 4. Tennessee Code Annotated, Section 67-1-1707, is amended by adding the following language as a new subsection: (k) The commissioner may, in the commissioner's discretion, disclose tax information to a unit of local government of this state for purposes of effectuating distributions of tax revenues under the Border Region Retail Tourism Development District Act, compiled in title 7, chapter 40. No unit of local government that receives tax information under this subsection (k) shall disclose the information to any person. However, nothing in this part shall prohibit the unit of local government from making payment or reimbursement to a private party out of distributions received under the Border Region Retail Tourism Development District Act, compiled in title 7, chapter 40, even if the funds are derived from sales and use taxes collected from a single parcel of property, and such payment or reimbursement shall not be a violation of this part. SECTION 5. This act shall take effect upon becoming a law, the public welfare requiring it. - 3- *004604* - - ' ~~;eEo ths-ltS Time 1: 50 111111111111111111111111111111111111111111111 SA0436 Clerk~ Comm. Amdt. AMEND Senate Bill No. 1108 House Bill No. 615* by deleting all language after the caption and substituting instead: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 3, is amended by adding the following language as a new section: (a) The Holy Bible is hereby designated as the official state book. (b) For purposes of this section, the Holy Bible also includes the Torah, the twenty-four (24) books of the Tanach, as well as the additional writings that are central to the Jewish faith, which include: (1) Zera'im (Seeds), dealing with agricultural laws: (A) Berakhot; (B) Peah; (C) Demai; (D) Kilayim; (E) Shebitt; (F) Terumot; (G) Maaserot; (H) Maaser Sheni; (I) Challah; (J) Orlah; and (K) Bikkurim. (2) Mo'ed (Festival), dealing with Shabbat and festivals: - 1 - *006576* (A) Shabbat; (B) Pesachim; (C) Sheqalim; (D) Yoma; (E) Sukkah; (F) Besah; (G) Rosh Hashanah; (H) Taanit; (I) Megillah; (J) Moed Qatan; and (K) Hagigah. (3) Nashim (Women), dealing with marriage, divorce and contracts: (A) Yebamot; (B) Ketubot; (C) Nedarim; (D) Nazir; (E) Sotah; (F) Gittin; and (G) Qiddushin. (4) Nezikin (Damages), dealing with tort laws and other financial laws: (A) Baba Qamma; (B) Baba Mesia; (C) Baba Batra; (D) Sanhedrin; (E) Makkot; (F) Shabuot; (G) Eduyyot; -2- *006576* (H) Avodah Zarah; (I) Avo! (also known as Pirkei Avo!, Ethics of the Fathers); and (J) Horayot. (5) Kodashim (Holy Things), dealing with sacrifices and the Temple: (A) Zevachim; (B) Menachot; (C) Chullin; (D) Bekhorot; (E) Arakhin; (F) Temurah; (G) Keritot; (H) Meilah; (I) Tamid; (J) Middot; and (K) Qinnim; and (6) Toharot (Purities), dealing with laws of ritual purity and impurity: (A) Kelim; (B) Ohalot; (C) Negaim; (D) Parah; (E) Tohorot; (F) Miqvaot; (G) Niddah; (H) Makhshirin; (I) Zabim; (J) Tebui-Yom; (K) Yadayim; and - 3- *006576* (L) Uqsin. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it. -4- . *006576* ~~eEo 4115 hs Amendment Time I: 5?:> · lllllllllllllllllllllllllllllllllllllllllllll SA0437 Clerk 1\A..:\\'t:.-- Comm. Amdt. AMEND Senate Bill No.1108 House Bill No. 615* by adding the following language as a new subsection in SECTION 1: ( ) For purposes of this section, the Holy Bible also includes: (1) The New American Bible, Revised Edition and the New Jerusalem Bible used by Roman Catholics, which include the books of: (A) Tobit (B) Judith; (C) Additions to Esther; (D) Wisdom of Solomon; (E) Ecclesiasticus; (F) Baruch; (G) Epistle of Jeremiah; (H) Song of the Three Children; (I) Story of Susanna; (J) Bel and the Dragon; (K) Prayer of Manasseh; (L) 1 Maccabees; and (M) 2 Maccabees. (2) The Eastern I Greek Orthodox Bible used by Greek Orthodox Christians, which includes the books of: (A) 1 Esdras; (B) Tobit; - 1 - *006612* *006612* (C) Judith; (D) Additions to Esther; (E) Wisdom of Solomon; (F) Ecclesiasticus; (G) Baruch; (H) Epistle of Jeremiah; (I) Song of the Three Children; (J) Story of Susanna; (K) Bel and the Dragon; (L) Prayer of Manasseh; (M) 1 Maccabees; and (N) 2 Maccabees; (0) 3 Maccabees; (P) 4Maccabees;and (Q) Psalm 151. - 2- FILED 1 Date 4-I\St\5 Time ---'-'-""c...::J=----1'.5!1.. 111111111111111111111111111111111111111111111 SA0438 Cierk l~J\.~ Comm. Arndt. AMEND Senate Bill No. 1108 House Bill No. 615* by adding the following as a new section immediately preceding the effective date section and redesignating the effective date section accordingly: SECTION _. The speaker of the senate and the speaker of the house of representatives, acting jointly, shall employ outside legal counsel to defend the constitutionality and validity of this act since the attorney general and reporter has opined in Attorney General Opinion 15-34 that this act would violate the Establishment Clause of the First Amendment to the federal Constitution and Article I, Section 3 of the Tennessee Constitution and therefore will not defend the constitutionality and validity of this act. - 1 - *006611* Senate State and Local Gove nment C mm. Am. #1 FILED Date 3/17 /i r No .. ______Ji'---- Time Lf ·_7_ '1 9 M lllllllllllllllllllllllllllllllllllllllllllll Nl--- -~k £OA SA0093 -+--1---71~~--l.f--__:;;~;--~~(L-l..,....b"'""">,L---1'' Comm. Arndt. _J__ AMEND Senate Bill No. 1\ 23* by deleting all language after the enacting clause and su SECTION 1. Tennessee Code Annotated, Section 7-3-314, is amended by adding the following as a new subsection: (e) Upon the acquiring of real property pursuant to§ 67-5-2507 or§ 67-5-2508 by any county having a metropolitan form of government, and after the period of redemption has lapsed, the legislative body of the county having a metropolitan form of government may, by resolution, authorize the conveyance of the real property by grant to a nonprofit organization for the purpose of constructing affordable or workforce housing. The grant shall be in accordance with the regulations and guidelines of the county having a metropolitan form of government for the disposal of real property, which shall provide generally that any real property granted pursuant to this subsection (e) shall be used to construct affordable or workforce housing for residents of the county having a metropolitan form of government. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it. - 1 - *003690* Senate State and Local G FILED Date 3/2. (/It 2 Time I 0 '" S"O AM 111111111111111111111111111111111111111111111 SA0180 Clerk EDA Comm. Amdt. __2.__ AMEND Senate Bill No.1123* . 1174 by deleting all language after the e acting clause a d the following: -5-2507(b)(12), is amended by deleting the language "This section" and substituting instead the language "This subsection (b)". SECTION 2. Tennessee Code Annotated, Section 7-3-314, is amended by adding the following as a new subsection: (e) Upon the acquiring of real property pursuant to§ 67-5-2507(a) or§ 67-5-2508 by any county having a metropolitan form of government, and after the period of redemption has lapsed, the legislative body of the county having a metropolitan form of government may, by resolution, authorize the conveyance of the real property by grant to a nonprofit organization for the purpose of constructing affordable or workforce housing. The grant shall be in accordance with the regulations and guidelines of the county having a metropolitan form of government for the disposal of real property, which shall provide generally that any real property granted pursuant to this subsection (e) shall be used to construct affordable or workforce housing for residents of the county having a metropolitan form of government. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it. 111111 II 0734844424 - 1 - *004593* Senate Transportation and Safety Comm. Am. #1 FILED Date ']htf,/1) Time q · p '5 AM lllllllllllllllllllllllllllllllllllllllllllll SA0177 Clerk EM Comm. Amdt. _L AMEND Senate Bill No. 1181* House Bill No. 1242 by deleting the word "shall" in the first sentence of subdivision (b)(3) in SECTION 1 and substituting instead the word "may". *005299* Senate State and Local Government Comm. Am. #1 FILED • \ \ Date 4\\0l\f Time \I;JS lllllllllllllllllllllllllllllllllllllllllllll SA0407 Clerk~ Comm. Amdt. _)_ AMEND Senate Bill N e Bill No. 1254* by deleting the amendatory langu 1on 4 and substituting instead the following: (a) Every person who claims to be the owner of an interest in a parcel and every guardian, conservator, attorney in fact, or other person having a fiduciary relationship with a minor, an incompetent, or other person claiming to be the owner of an interest in a parcel, shall register the document effecting such ownership, interest, or an abstract thereof, or an affidavit of heirship, in the office of the register of deeds for the county in which the parcel is located. AND FURTHER AMEND by deleting the following amendatory language in Section 5: A judgment of personal liability for unpaid personal property taxes may be enforced as any other judgment, through garnishment, execution, or otherwise, and may also be recorded in one (1) or more offices of registers of deeds and made a lien against the judgment debtor's other property. and substituting instead the following: A judgment of personal liability for unpaid personal property taxes may be enforced as any other judgment, through garnishment, execution, or otherwise, and may also be recorded as a lien in one (1) or more offices of registers of deeds. AND FURTHER AMEND by deleting from amendatory§ 67-5-2101(b) in Section 6 the ' language "January 1" and substituting instead the language "January 1 of the tax year". AND FURTHER AMEND by deleting the amendatory language of Section 8 and substituting instead the following: - 1 - *005124* (d) The general assembly finds and determines that: (1) The collection of property taxes is.an essential and necessary function of counties and municipal corporations in the state; (2) This chapter provides for a specific and comprehensive scheme for the collection of delinquent property taxes; (3) This chapter is intended to be procedural and remedial in application and, unless a contrary intent is expressed in an act amending this chapter, such amendments are also intended to be procedural and remedial in application; (4) The economy of the state has evolved from one primarily based upon the agrarian use of real property to an economy based more upon the improvement of real property by the construction of residential, commercial, and industrial structures thereon. Such improvements require the investments of significant funds and resources; (5) A purpose of this chapter is to promote and encourage the development of improvements upon real estate that have been conveyed pursuant to this chapter through the enforcement of tax liens; (6) The certainty and finality of the titles to real estate that have been conveyed pursuant to this chapter through the enforcement of tax liens is a necessary prerequisite to the development of improvements thereon; and (7) Statutes that are not consistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter should not be applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (e) This chapter shall be construed liberally in favor of the certainty and finality of property titles transferred pursuant to this chapter. (f) Title 21, chapter 1, part 4, is not applicable to tax proceedings, tax liens, or the enforcement of such tax liens. -2- *005124* (g) Sections 29-6-161-29-6-165 are not applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (h) Other statutes that are not consistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter shall not be applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (i) All interested persons, as defined in this chapter, are charged with the knowledge that the parcel is subject to property taxes, which are required to be paid to the trustee or collector on an annual basis, and which taxes become a first lien on the parcel from January 1 of each year. All interested persons have an affirmative duty to inquire as to the amounts of such taxes and their payment status. Under no circumstances shall a claim that the interested party did not receive a tax bill or any pre lawsuit notice constitute a valid defense to the enforcement of the lien, the personal debt for the taxes, or the amount of taxes owed, including penalty, interest, cost, and fees. AND FURTHER AMEND by deleting the following amendatory language from Section 12: Process and notices sent by registered or certified mail or by an alternative delivery service, with a return receipt, shall be sufficient to bind the addressee if the addressee fails to pick up the mail. AND FURTHER AMEND by deleting the amendatory language of Section 13 and substituting instead the following: (4) A person, who is either expressly or impliedly authorized by another person to receive mail on behalf of the other person, is authorized to sign a receipt on behalf of the other person accepting registered or certified mail or correspondence delivered by an alternative delivery service, containing either a summons, complaint, or summary of the proceeding or a notice that has been or is to be filed in a tax proceeding. In every tax proceeding, the burden of proving by clear and convincing evidence that a person who signed such a receipt for a different person and was, in fact, at that time expressly - 3- *005124* prohibited in writing from accepting mail for the second person, shall be upon the person challenging the sufficiency of the service or notice. AND FURTHER AMEND by deleting the amendatory language of Section 26 and substituting instead the following: (n) Upon entry of an order of the court declaring that the redemption is complete, title to the parcel shall be divested out of the purchaser, and the clerk shall promptly refund the purchase money and pay all sums due to the purchaser under this section. The interests of the taxpayer and other interested parties, or their successors in interest, shall be restored to that state which existed as of the date of entry of the order confirming the sale. Any lienholder who redeems the parcel may thereafter proceed to foreclose upon the parcel or otherwise enforce such lien. AND FURTHER AMEND by deleting Section 11 and renumbering the subsequent sections accordingly. -4- *005124* Senate Finance, Ways, and Means Comm. Am. #1 FILED Date \f/1'1/ly Amendment No. ___ 2=----- Time ?: 41 A1'1 111111111111111111111111111111111111111111111 Clerk £0A SA0424 Comm. Arndt. I AMEND Senate Bill No. 1216 by deleting all language after the enacting clause and substituting instead: SECTION 1. Tennessee Code Annotated, Section 35-5-109, is amended by adding the following language to the end of the section: However, this requirement shall not be applicable to sales of parcels pursuant to title 67, chapter 5. SECTION 2. Tennessee Code Annotated, Section 35-5-112(b), is amended by adding the following language to the end of the subsection: This subsection (b) shall not be applicable to sales of parcels pursuant to title 67, chapter 5. SECTION 3. Tennessee Code Annotated, Title 35, Chapter 5, is amended by adding the following as a new section: The requirements of§§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b) shall not be applicable to sales of parcels pursuant to title 67, chapter 5. SECTION 4. Tennessee Code Annotated, Section 67-5-2003(g)(4), is amended by deleting the subdivision and substituting instead the following: (4) A judgment of personal liability for unpaid personal property taxes may be enforced as any other judgment, through garnishment, execution, or otherwise, and may also be recorded as a lien in one (1) or more offices of registers of deeds. Any judgment recorded pursuant to this subdivision (g)(4) shall be subject to the same requirements and attributes of judgment liens, including durability, priority, and renewal, and shall thereafter no longer be subject to the statute of limitation established by this chapter for - 1 - unpaid property taxes. However, the rates of penalty and interest shall continue as established by this chapter, and upon recording of such judgment, the tax entity shall retain the alternative of enforcing its tax lien against the assessed personal property according to the priority and procedures set forth in this chapter. SECTION 5. Tennessee Code Annotated, Section 67-5-2101(b), is amended by deleting the subsection and substituting instead the following: (b) In addition to the lien on property, property taxes shall become and remain a personal debt of the property owner or property owners as of January 1 of the tax year, and, when delinquent, may be collected by suit as any other personal debt. In any lawsuit for collection of property taxes, the same penalties and attorney fees shall apply as set forth in § 67-5-2410 for suits to enforce liens for property taxes. The claim for the debt and the claim for enforcement of the lien may be joined in the same complaint. SECTION 6. Tennessee Code Annotated, Section 67-5-2103(b), is amended by deleting the subsection and substituting instead the following: (b) All interested persons shall be deemed to have constructive notice of the proceedings by virtue of the seizure of the parcel occurring upon the filing of a complaint for the purpose of enforcement of the first lien. However, interested persons who do not have an obligation to pay the taxes on the parcel, such as lienholders, need not be joined as parties nor served with process so long as a diligent effort to give actual notice of the proceedings, as defined in § 67-5-2502(c)(1 ), is made to such persons. SECTION 7. Tennessee Code Annotated, Section 67-5-2103, is further amended by adding the following as new subsections: (d) The general assembly finds and determines that: (1) The collection of property taxes is an essential and necessary function of counties and municipal corporations in the state; (2) This chapter provides for a specific and comprehensive scheme for the collection of delinquent property taxes; - 2 - *006401* (3) This chapter is intended to be procedural and remedial in application and, unless a contrary intent is expressed in an act amending this chapter, such amendments are also intended to be procedural and remedial in application; (4) The economy of the state has evolved from one primarily based upon the agrarian use of real property to an economy based more upon the improvement of real property by the construction of residential, commercial, and industrial structures thereon. Such improvements require the investments of significant funds and resources; (5) A purpose of this chapter is to promote and encourage the development of improvements upon real estate that have been conveyed pursuant to this chapter through the enforcement of tax liens; (6) The certainty and finality of the titles to real estate that have been conveyed pursuant to this chapter through the enforcement of tax liens is a necessary prerequisite to the development of improvements thereon; and (7) Statutes that are not consistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter should not be applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (e) This chapter shall be construed liberally in favor of the certainty and finality of property titles transferred pursuant to this chapter. (f) Title 21, chapter 1, part 4, is not applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (g) Sections 29-6-161-29-6-165 are not applicable to tax proceedings, tax liens, or the enforcement of such tax liens. (h) Title 67, chapter 1, part 18, is not applicable to property tax proceedings, property tax liens, or the enforcement of such property tax liens . ., - 3- *006401* (i) Other statutes that are not consistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter shall not be applicable to tax proceedings, tax liens, or the enforcement of such tax liens. 0) All interested persons, as defined in this chapter, are charged with the knowledge that the parcel is subject to property taxes, which are required to be paid to the trustee or collector on an annual basis, and which taxes become a first lien on the parcel from January 1 of each year. All interested persons have an affirmative duty to inquire as to the amounts of such taxes and their payment status. Under no circumstances shall a claim that the interested party did not receive a tax bill or any pre lawsuit notice constitute a valid defense to the enforcement of the lien, the personal debt for the taxes, or the amount of taxes owed, including penalty, interest, cost, and fees. SECTION 8. Tennessee Code Annotated, Section 67-5-2414, is amended by inserting the following language after the words "courts of chancery": , except as modified in this chapter or as they may be inconsistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter SECTION 9. Tennessee Code Annotated, Section 67-5-2502(a)(3), is amended by inserting the following language after the words "Tennessee Rules of Civil Procedure": , except as modified in this chapter or as they may be inconsistent with the statutory scheme for the collection of delinquent property taxes set out in this chapter SECTION 10. Tennessee Code Annotated, Section 67-5-2415(g), is amended by adding the following language to the end of the subsection: Process and notices delivered by registered or certified mail or by an alternative delivery service, with a return receipt, to an interested party's registered agent at the agent's address or to the address of the interested party, each as shown on the corporate records of a state secretary of state or other officer responsible for maintaining such records, shall be sufficient to bind the interested party as to notices and service of process. -4- *006401* SECTION 11. Tennessee Code Annotated, Section 67-5-2502(a), is further amended by adding the following new subdivision: (4) A person, who is either expressly or impliedly authorized by another person to receive mail on behalf of the other person, is authorized to sign a receipt on behalf of the other person accepting registered or certified mail or correspondence delivered by an alternative delivery service, containing either a summons, complaint, or summary of the proceeding or a notice that has been or is to be filed in a tax proceeding. In every tax proceeding, the burden of proving by clear and convincing evidence that a person who signed such a receipt for a different person and was, in fact, at that time expressly prohibited in writing from accepting mail for the second person, shall be upon the person challenging the sufficiency of the service or notice. SECTION 12. Tennessee Code Annotated, Section 67-5-2503, is amended by designating the existing language as subsection (b) and by inserting the following language as a new subsection (a): (a) An order confirming the sale of a parcel shall confer the right to possession of the parcel to the purchaser effective upon entry of the order. On such date, the risk of loss shall transfer from the original owner to the purchaser. In the event of a loss occurring after the sale and before the order confirming the sale is entered, the court shall, on motion of the purchaser filed before the order confirming the sale becomes final, determine whether any portion of the purchaser's bid should be refunded to the purchaser. SECTION 13. Tennessee Code Annotated, Section 67-5-2504(d)(4), is amended by deleting the language "2702" and substituting instead the language "2701". SECTION 14. Tennessee Code Annotated, Section 67-5-2504(d)(5), is amended by deleting the language "2707" and substituting instead the language "2702". SECTION 15. Tennessee Code Annotated, Section 67-5-2504, is further amended by adding the following new subsections: - 5 - *006401* (f) Any person successfully challenging the validity of a tax sale of the person's interest in a parcel shall also be responsible to the person purchasing the property at the tax sale and the purchaser's successors in interest, for any increase in the value of the parcel, including any improvements thereto, from the date of the entry of the order confirming the sale until the entry of a court order declaring the tax sale invalid as to the challenger. In the alternative, the challenger shall be responsible to the person purchasing the property at the tax sale and the purchaser's successors in interest, for all amounts expended by the purchaser or the purchaser's successors as set out in § 67-5- 2701 (b) and (e), if such amount is in excess of the increased value of the parcel. The purchaser and successors shall have a lien upon the parcel to secure the payment of the amount determined by the court to be due. (g) An order confirming the sale of a parcel is voidable and may be voided by the court after a determination of the merits of the grounds for the action as set out in this chapter and any defenses raised. (h) For the purposes of this chapter, a motion filed pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, or any other or successor rule of similar effect, challenging the validity of a tax sale and any independent action for a similar purpose, shall be considered an action to invalidate the sale of a tax title. SECTION 16. Tennessee Code Annotated, Section 67-5-2507(b)(9), is amended by deleting the subdivision and substituting instead the following: (9) Conveyances of the land shall be made without warranties of any sort, and deeds shall be executed by the county mayor or other chief fiscal officer of the county. SE,CTION 17. Tennessee Code Annotated, Section 67-5-2509(a), is amended by deleting the language "2702" and substituting instead the language "2701:'. SECTION 18. Tennessee Code Annotated, Section 67-5-2701(b), is amended by deleting the fourth sentence and substituting instead the following: -6- *006401* The interest shall be at the rate of twelve percent (12%) per annum, which shall begin to accrue on the date the purchaser pays the purchase price to the clerk and continuing until the motion to redeem is filed. SECTION 19. Tennessee Code Annotated, Section 67-5-2701(d), is amended by deleting the last sentence and substituting instead the following: If no response is timely filed, the court shall determine whether the redemption has been properly made, and. if so, shall cause an order to be entered requiring the proposed redeemer to pay additional interest at the rate set forth in subsection (b), accruing from the date the motion to redeem was filed until the date of such payment. SECTION 20. Tennessee Code Annotated, Section 67-5-2701(e)(4), is amended by deleting the language "judicial or administrative order" and substituting instead the language "judicial or administrative order or other official notice". SECTION 21. Tennessee Code Annotated, Section 67-5-2701 (e)(6), is amended by deleting the subdivision and substituting instead the following: (6) Additional interest at the rate set out in subsection (b), accruing from the date the motion to redeem was filed until the date the purchaser's response was filed. If the court determines that the purchaser has not delayed consideration of the motion to redeem and that any response filed by the purchaser for additional funds was based on a reasonable expectation that the expenditures of the purchaser were reimbursable pursuant to this section, then the court may require the proposed redeemer to also pay additional interest at the same rate, accruing from the date the purchaser's response was filed until the date of such payment. SECTION 22. Tennessee Code Annotated, Section 67-5-2701(f), is amended by deleting the language "If the court determines that additional funds are owing by the proposed redeemer, the same shall be paid" and substituting instead the language "Any additional funds ordered to be paid by the proposed redeemer under this section shall be paid". - 7 - *006401* SECTION 23. Tennessee Code Annotated, Section 67-5-2701 (g), is amended by deleting the subsection and substituting instead the following: (g) If the proposed redeemer timely pays the full amount of any additional funds ordered by the court, the court shall declare that the property has been redeemed. SECTION 24. Tennessee Code Annotated, Section 67-5-2701(n), is amended by deleting the subsection and substituting instead the following: (n) Upon entry of an order of the court declaring that the redemption is complete, title to the parcel shall be divested out of the purchaser, and the clerk shall promptly refund the purchase money and pay all sums due to the purchaser under this section. The interests of the taxpayer and other interested parties, or their successors in interest, shall be restored to that state which existed as of the date of entry of the order confirming the sale. Any lienholder who redeems the parcel may thereafter proceed to foreclose upon the parcel or otherwise enforce such lien. SECTION 25. Tennessee Code Annotated, Section 67-5-2702(a), is amended by deleting the subsection and substituting instead the following: (a) Following entry of the order of confirmation of sale, any interested person, as defined in this chapter, may file a motion with the court requesting disbursement of any excess sale proceeds pursuant to this section. SECTION 26. Tennessee Code Annotated, Section 67-5-2702(c)(5), is amended by deleting the subdivision and substituting instead the following: (5) Any remaining excess proceeds shall be subject to the Uniform Disposition of Unclaimed Property Act, compiled in title 66, chapter 29, part 1. A motion for excess proceeds may be filed in the court in which the proceeding is pending until such time as the funds are actually forwarded to the state pursuant to the Uniform Disposition of Unclaimed Property Act. For the purposes of§ 66-29-110, the presumption of abandonment shall not arise until the final determination of all filed motions for - 8 - *006401* redemption and excess proceeds or one (1) year following the expiration of the redemption period for that parcel, whichever is later. SECTION 27. Tennessee Code Annotated, Section 67-5-2702, is amended by adding the following as a new subsection: (f) For the purposes of this section, "in accordance with priorities established by applicable law" means that the priority of the interests in the parcel shall transfer to the proceeds from the sale of the parcel. SECTION 28. Tennessee Code Annotated, Section 67-5-2702, is further amended by adding the following as a new subsection: (g) In the event the court directs the delinquent tax attorney or an attorney ad litem to participate in the excess sale proceeds portion of the proceedings as an assistance to the court, the court may allow a reasonable attorney's fee to be assessed as directed by the court. SECTION 29. This act shall take effect upon becoming a law, the public welfare requiring it. -9- *006401* Senate Transportation and Safety Comm. Am. #1 FILED' Date '-f/ tj/( S' Time G):Ol AM Clerk IE. !2A - Comm. Amdt. _1_ AMEND Senate Bill No. 1343 House Bill No. 1321* by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Title 68, Chapter 211, is amended by adding the following language as a new part: 68-211-1101. This part shall be known and may be cited as the "Tire Environmental Act." 68-211-1102. As used in this part, unless the context otherwise requires: (1) "Fee" means the tire environmental fee created by this part; (2) "Fund" means the tire environmental fund created by this part; (3) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; and (4) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. 68-211-11 03. (a) There is imposed on each purchase of a new motor vehicle a tire environmental fee as follows: (1) Five dollars ($5.00) for a motor vehicle with four (4) or fewer wheels; (2) Ten dollars ($1 0.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and (3) Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels. 1111111111 0742316829 - 1 - *005525* (b) The fee imposed by this section shall be collected by the seller from the purchaser at the time of purchase. ·(c) Fees collected shall be remitied to the department of revenue in a manner prescribed by the commissioner. All fees collected, less an amount to cover the actual expenses of administration by the department, shall be credited to the tire environmental fund. (d) Notwithstanding any law to the contrary, fees imposed by this section shall be exempt from sales and use tax and business tax liability regardless of whether the fee is included in the purchase price of a new motor vehicle or is paid separately at the time of purchase. 68-211-1104. (a) There is created a special account in the state treasury to be known as the tire environmental fund. (b) Moneys shall be deposited in the fund as provided in§ 68-211-1103(c). (c) Moneys in the fund shall be used exclusively by the department of environment and conservation in accordance with§ 68-211-1105. (d) Moneys in the fund may be invested by the state treasurer in accordance . with § 9-4-602. (e) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. (f) Any balance in the fund remaining unexpended at the end of a fiscal year shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. 68-211-11 05. - 2- *005525* (a) The department of environment and conservation shall administer a tire environmental program with moneys available from the fund as appropriated by the general assembly. (b) The program may include: (1) Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires; (2) Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments; (3) Creation of a database and operation of an interactive information clearinghouse; and (4) Market development services. (c) Program expenditures shall be reported to the office of legislative budget analysis and the chair of the transportation and safety committee of the senate, chair of the transportation committee of the house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on a quarterly basis. SECTION 2. This act shall take effect October 1, 2015, the public welfare requiring it. - 3 - *005525* Senate Finance, Ways, and Means Comm. Am. #1 FILED Date '1/ 1'-t II f Amendment No. "2.. Time ~ :"f/ 4M Clerk ~ ()!\ 111111111111111111111111111111111111111111111 SA0423 Comm. Arndt. _l__ Signatureoftponsor AMEND Senate Bill No. 1343 House Bill No. 1321* by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Title 68, Chapter 211, is amended by adding the following language as a new part: 68-211-1101. This part shall be known and may be cited as the "Tire Environmental Act." 68-211-1102. As used in this part, unless the context otherwise requires: (1) "Fee" means the tire environmental fee created by this part; (2) "Fund" means the tire environmental fund created by this part; (3) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; and (4) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. 68-211-11 03. (a) There is imposed on each purchase of a new motor vehicle to be titled and registered in this state a tire environmental fee as follows: (1) Five dollars ($5.00) for a motor vehicle with four (4) or.fewer wheels; (2) Ten dollars ($10.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and (3) Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels. - 1 - *006306* (b) The fee imposed by this section shall be collected by the seller from the purchaser at the time of purchase. (c) Fees collected shall be remitted to the department of revenue in a manner prescribed by the commissioner. All fees collected, less an amount to cover the actual expenses of administration by the department, shall be credited to the tire environmental fund. (d) Notwithstanding any law to the contrary, fees imposed by this section shall be exempt from sales and use tax and business tax liability regardless of whether the fee is included in the purchase price of a new motor vehicle or is paid separately at the time of purchase. 68-211-1104. (a) There is created a special account in the state treasury to be known as the tire environmental fund. (b) Moneys shall be deposited in the fund as provided in§ 68-211-1103(c). (c) Moneys in the fund shall be used exclusively by the department of environment and conservation in accordance with§ 68-211-1105. (d) Moneys in the fund may be invested by the state treasurer in accordance with § 9-4-602. (e) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. (f) Any balance in the fund remaining unexpended at the end of a fiscal year shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. 68-211-1105. -2- *006306* (a) The department of environment and conservation shall administer a tire environmental program with moneys available from the fund as appropriated by the general assembly. (b) The program expenditures may include: (1) Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires; (2) Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments; (3) Creation of a database and operation of an interactive information clearinghouse; (4) Expenses of administering the tire environmental program; and (5) Market development services. (c) Program expenditures shall be reported to the office of legislative budget analysis and the chair of the transportation and safety committee of the senate, chair of the transportation committee of the house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on a quarterly basis. SECTION 2. This act shall take effect October 1, 2015, the public welfare requiring it. - 3- *006306* .. Senate Commerce and Labor Com . ~~~eE 04-\ t\15 Time f>•. ~0 111111111111111111111111111111111111111111111 SA0251 Clerk Milk; l<. Comm. Amdt. _l_ AMEND Senate Bill No. 28 House Bill No. 440 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 56-7-1001, is amended by adding the following new subsection: (f) (1) A health insurance entity shall provide to any medical group practice with which the entity has an existing group contract a list of all information and supporting documentation required for a credentialing application of a new provider applicant to be considered complete pursuant to this subsection (f). (2) (A) A health insurance entity or its designee shall notify a new provider applicant in writing of the status of a credentialing application no later than five (5) business days of receipt of the application. The notice shall indicate if the application is complete or incomplete, and, if the application is incomplete, the notice shall indicate the information or documentation that is needed to complete the application. (B) If the application is incomplete and the new provider applicant submits additional information or documentation to complete the application, the health insurance entity shall comply with the requirements of subdivision (f)(2)(A) upon receipt of the additional information or documentation. - 1 - *005715* (C) A health insurance entity shall notify a new provider applicant of the results of the new provider applicant's credentialing application within ninety (90) calendar days after receipt of the completed application. (3) (A) A new provider applicant shall not submit any claims for covered services provided by the new provider applicant to the health insurance entity for reimbursement while the credentialing application is pending. Upon notification pursuant to subdivision (f)(2)(C), the new provider applicant shall submit all held claims to the health insurance entity, and the health insurance entity shall pay reimbursement at the contracted in-network rate for any covered medical services provided by the new provider applicant during the time between receipt of a complete credentialing application and notification pursuant to subdivision (f)(2)(C). (B) A health insurance entity's reimbursement obligation under subdivision (f)(3)(A) applies only to medical services provided in the name of the medical group practice by a new provider applicant that is billing for professional services under the existing group contract. (4) (A) Nothing in this section requires a health insurance entity to pay reimbursement at the contracted in-network rate for any covered medical services provided by the new provider applicant if the new provider applicant's credentialing application is not approved or the health insurance entity is otherwise not willing to contract with the new provider applicant. (B) A medical group practice shall be required to refund any reimbursement monies paid by the health insurance entity for services - 2- *005715* provided by a new provider applicant whose credentialing approval was obtained by fraud. (C) A medical group practice with an existing group contract shall not collect from a health insurance beneficiary any amount refunded to a health insurance entity under subdivision (f)(4)(B). (5) As used in this subsection (f): (A) "Existing group contract" means a participating provider agreement between a medical group practice and a health insurance entity, under which physicians and other providers of the medical group practice bill for services provided to patients covered by health insurance provided by the health insurance entity, and under which a new provider applicant who is a member of the medical group practice will become a participating provider upon successful completion of the credentialing process; (B) "Health insurance entity" has the same meaning provided in § 56-7-109(a); and (C) "New provider applicant" means a physician or other licensed provider of medical services who has submitted a completed credentialing application to a health insurance entity. (6) Nothing in this subsection (f) shall apply to the TennCare program or any successor Medicaid program provided for in title 71, chapter 5; the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; the Access Tennessee Act of 2006, compiled in title 56, chapter 7, part 29; any other plan managed by the health care finance and administration division of the department of finance and administration or any successor division or department; or the group insurance plans offered under title 8, chapter 27. - 3- *005715* SECTION 2. This act shall take effect January 1, 2016, the public welfare requiring it, and shall apply to new provider applicant credentialing applications submitted to a health insurance entity on or after that date. -4- *005715* Senate State and Local Government Comm. Am. #1 FILED I Date 4 10\IS Time ( J : IS 111111111111111111111111111111111111111111111 SA0390 ~ Comm. Amdt. j__ AMEND Senate Bill No. by deleting subdivision (a)(1) in Secti (1) Upon entry of an order confirming a sale of a parcel, a right to redeem shall vest in all interested persons. The right to redeem shall be exercised within the time period established by this subsection (a) beginning on the date of the entry of the order confirming the sale, but in no event shall the right to redeem be exercised more than one (1) year from that date. The redemption period of each parcel shall be stated in the order confirming the sale based on the following criteria: (A) The redemption period shall be determined for each parcel based on the period of delinquency. Once the period of delinquency is established, the redemption period shall be set on the following scale: (i) If the period of delinquency is five (5) years or less, the redemption period shall be one (1) year from the entry of the order confirming the sale; (ii) If the period of delinquency is more than five (5) years but less than eight (8) years, the redemption period shall be one hundred eighty (180) days from the entry of the order confirming the sale; or (iii) If the period of delinquency is eight (8) years or more, the redemption period shall be ninety (90) days from the entry of the order confirming the sale; and (B) For all property for which a showing is made pursuant to subdivision (a)(2), the redemption period shall be thirty (30) days from the entry of the order confirming the sale without regard to the number of years of delinquent taxes - 1 - owed on the property, beyond that required to make the property legally eligible for the sale. AND FURTHER AMEND by deleting the language "not occupied" in subdivision (a)(2) in Section 1 and substituting instead the language "vacant". - 2 - *005994* ~~7eEDLHL-f-15 IIIII/I IIIII/III/IIIII lllllllllllllllllllllll Time 1/ : I 9 Aft] SA0426 Clerk 1,//5 1< Comm. Amdt. Signature of Sponsor AMEND Senate Bill No. 331 House Bill No. 214* by deleting subdivision (a)(1) in Section 1 and substituting instead the following: (1) Upon entry of an order confirming a sale of a parcel, a right to redeem shall vest in all interested persons. The right to redeem shall be exercised within the time period established by this subsection (a) beginning on the date of the entry of the order confirming the sale, but in no event shall the right to redeem be exercised more than one (1) year from that date. The redemption period of each parcel shall be stated in the order confirming the sale based on the following criteria: (A) Unless the court finds sufficient evidence to order a reduced redemption period pursuant to this section, the redemption period for each parcel shall be one (1) year; (B) The redemption period shall be determined for each parcel based on the period of delinquency. Once the period of delinquency is established, the redemption period shall be set on the following scale: (i) If the period of delinquency is five (5) years or less, the redemption period shall be one (1) year from the entry of the order confirming the sale; (ii) If the period of delinquency is more than five (5) years but less than eight (8) years, the redemption period shall be one hundred eighty (180) days from the entry of the order confirming the sale; or (iii) If the period of delinquency is eight (8) years or more, the redemption period shall be ninety (90) days from the entry of the order confirming the sale; and - 1 - *006442* (C) For all property for which a showing is made pursuant to subdivision (a)(2), the redemption period shall be thirty (30) days from the entry of the order confirming the sale without regard to the number of years of delinquent taxes owed on the property, beyond that required to make the property legally eligible for the sale. AND FURTHER AMEND by deleting the language "not occupied" in subdivision (a)(2) in Section 1 and substituting instead the language "vacant". -2- *006442* Senate State and Local Government Comm. Am. #1 FILE~ Date 0 S Time II:\ lllllllllllllllllllllllllllllllllllllllllllll SA0383 Clerk I'Vv\.\'!L Comm. Arndt. _l__ AMEND Senate Bill No. 0.696 by deleting all language after the en ling clause and ad the following: SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2 through 6 as a new chapter 39. SECTION 2. A state governmental entity and the Tennessee education lottery corporation shall include in any major procurement contract with a vendor a provision that the vendor, the vendor's subcontractors, and staffing agencies that provide to the vendor employees on a contract basis, shall collect and remit sales and use taxes on taxable sales of goods or services made by the vendor, the vendor's subcontractor, or the staffing agency's contract employees in connection with the major procurement contract. SECTION 3. If any portion of the cost of a vendor's contract with a state governmental entity or the Tennessee education lottery corporation is subcontracted, or is performed by a staffing agency's contract employees, the vendor shall include in the contract with the subcontractor or staffing agency, as applicable, a provision that the subcontractor or staffing agency shall collect .and remit sales ahd use taxes on taxable sales of goods or services made by the subcontractor or the staffing agency's contract employees, in connection with the contract as if the subcontractor or the staffing agency were itself a vendor. The vendor shall submit a copy of the contract to the state governmental entity or the Tennessee education lottery corporation. SECTION 4. The vendor, subcontractor, or staffing agency, as applicable, shall register to collect and remit sales and use taxes pursuant to § 12-3-306, and shall file appropriate sales and use tax returns and pay sales and use taxes as provided by other laws of this state. - 1 - *006158* SECTION 5. As used in this chapter: (1) "Major procurement contract" means any good or service costing in excess of seventy-five thousand dollars ($75,000), including major advertising contracts, annuity contracts, consulting services, equipment, and other products and services unique to the functions performed by the state governmental entity or the Tennessee education lottery corporation, but not including materials, supplies, equipment, and services common to the ordinary operations of the state governmental entity or the Tennessee education lottery corporation; (2) "Retailer" means a person or entity that sells goods or services on behalf of a state governmental entity or the Tennessee education lottery corporation pursuant to a major procurement contract; and (3) "Vendor'' means a person or entity that provides or proposes to provide goods or services to the state governmental entity or the Tennessee education lottery corporation pursuant to a major procurement contract, but does not include an employee of the state governmental entity or the Tennessee education lottery corporation, a retailer, or the state governmental entity or the Tennessee education lottery corporation. SECTION 6. This act shall take effect July 1, 2015, the public welfare requiring it, and shall apply to contracts entered into or renewed on or after that date. -2- *006158* Senate Education Comm. Am. #1 FILED Date lf/1 /If Time I0:3rAM llllllllllllllllllllllllllllllllll\1111111111 SA0290 Clerk E l)A Comm. Amdt. _L_ AMEND Senate Bill No. 656* House Bill No. 1221 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 49-6-3102, is amended by adding the following language as new, appropriately designated subsections: ( ) If a child who attends a public school is the suspected victim of child sexual abuse as defined in§ 37-1-602(a)(3) and the abuse occurred while the child was under the supervision or care of the school, then the school shall make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator. ( ) If available and appropriate, the local school board shall, upon request by the parent of the child, reassign a child who attends a public school and is the victim of child sexual abuse as defined in§ 37-1-602(a)(3) when: (1) The abuse occurred while the child was under the supervision or care of the school; and (2) The perpetrator of the abuse is: (A) Substantiated by the department of children's services; (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or (C) Criminally charged. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it. - 1 - FILED I I Date 4;- 115 Time ~ '. oD .)sr..., 1111111 111111111111111 11111111111111111111111 SA0255 Clerk 1\J\.~ Comm. Arndt. _I_ House Bill No. 1323 by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 68-120-101, is amended by adding the following language as a new subsection: (i) If a local government adopts mandatory sprinkler requirements for one-family and two-family dwellings pursuant to subdivision (a)(8) that would apply to dwellings used as establishments providing hospitality services, then those mandatory sprinkler requirements shall be applied only to those dwellings constructed on or after the date the mandatory sprinkler requirements took effect. For purposes of this subsection (i), "hospitality services" means offering sleeping accommodations to t1ansients for less than thirty (30) nights per stay. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it. 0616131043 - 1 - *004795* Senate Government Operations Comm. Am. #1 FILED Date -vz) /r by deleting SECTION 2 in its entirety. AND FURTHER AMEND by inserting the following new section immediately preceding the last section and renumbering the subsequent section accordingly: SECTION_. Tennessee Code Annotated, Section 4-5-209, is amended by deleting the following language: The Tennessee code commission is directed to compile a list of all public necessity rules that are subject to this section and provide such list by January 1 of each year to each member of the government operations committees of the house of representatives and the senate. II - 1 - FILED I I Date 4 L? 15 Amendment No .. ___ lllllllllllllllllllllllllllllllllllllllllllll :A__:... __ Time If: ~0 SA0414 Clerk ~i/..... fl1.k tW-e-- Comm. Arndt. Signature of Sponsor AMEND Senate Bill No. 467 House Bill No. 216* by inserting the following new section immediately preceding the last section and renumbering the subsequent section accordingly: SECTION_. Tennessee Code Annotated, Section 4-5-209, is amended by deleting the following language: The Tennessee code commission is directed to compile a list of all public necessity rules that are subject to this section and provide such list by January 1 of each year to each member of the government operations committees of the house of representatives and the senate. 111111 - 1 - *004968* Senate Health and Welfare Comm. Am. #1 FILED Date V l'lf 1 s= Amendment No. _____; ____ Time 9:os=AM lllllllllllllllllllllllllllllllllllllllllllll Clerk £DA SA0120 Comm. Amdt. Signature of Sponsor AMEND Senate Bill No. 811 House Bill No. 143* by adding the following as a new subdivision (E) in§ 63-6-302(4) in SECTION 1 and redesignating the existing subdivision (E) and all subsequent subdivisions accordingly: (E) A release of liability relative to the treating physician, licensed healthcare providers, hospital, and manufacturer of the investigational drug, biological product, procedure, or device; - 1 - *003755* Senate Health and Welfare Comm. Am. #2 FILED Date :J ·{I· I[ Amendment No .. ___ Z___ _ Time /f'' ?-8 AMEND Senate Bill No. 811 House Bill No. 143* by inserting the language "and confirmed by a second physician" immediately after the language "treating physician" in § 63-6-302(2)(A) of the amendatory language of Section 1. AND FURTHER AMEND by inserting the language "as documented by the National Institutes of Health" between the language "phase 1 of a clinical trial" and "but has not" in § 63-6-302(3) of the amendatory language of Section 1. 073311589 . 1 • *004694* FILED Date '-1/1 f /I ( 3 Time '6~ '{ G AJVl 111111111111111111111111111111111111111111111 Amendment No. Clerk t;l),l\ SA0434 ~~,~ -r~ponsor Comm. Amdt. AMEND Senate Bill No. 811 House Bill No. 143* by deleting § 63-6-304(d) in the amendatory language of Section 1, as amended, and substituting instead the following: (d) This part does not require any hospital or facility licensed under title 68, chapter 11, or any physician or healthcare provider to provide any items or services unless a request by an eligible patient is approved by the hospital, facility, physician, or healthcare provider. - 1 - Senate Judiciary Comm. Am. #1 FILED Date :2 · /J-If Amendment No. __,.1c..· ____ Time I: Jl ,/1"' Clerk fell"' Comm. Arndt. _1__ ( uSignatt;laf Sponsor AMEND Senate Bill No. 1158 House Bill No. 776* by deleting in§ 47-18-2111 (a)(1 )(A) the language "eighteen (18) years of age" and substituting instead the language "sixteen (16) years of age". AND FURTHER AMEND by deleting in the first sentence of§ 47-18-2111 (b) the language "the use of a protected consumer's consumer report or record by". AND FURTHER AMEND by deleting the following language in§ 47-18-2111(g) and renumbering the remaining subdivisions appropriately: (1) The protected consumer attains eighteen (18) years of age; AND FURTHER AMEND by deleting in§ 47-18-2111 U)(2) the language "exceeding five dollars ($5.00)" and substituting instead the language "exceeding ten dollars ($10.00)". AND FURTHER AMEND by deleting in§ 47-18-2111 U)(3)(B) the language "eighteen (18) years of age" and substituting instead the language "sixteen (16) years of age". AND FURTHER AMEND by deleting § 47-18-2111 (I) in its entirety and substituting instead the following: (I) The sole power to enforce violations of this section shall be with the attorney general. AND FURTHER AMEND by deleting in § 47-18-2111 (m) the language "eighteen (18) years of age" wherever it appears and substituting instead the language "sixteen (16) years of age". AND FURTHER AMEND by deleting in Section 4 the language "Sections 1 and 2 of this act" and substituting instead the language "Section 1 of this act". AND FURTHER AMEND by deleting Section 2 in its entirety and renumbering the remaining Sections appropriately. - 1 - *003695* Senate Health and Welfare Comm. Am. #1 FILED I I Date 4 q 15 Time 11:30 Clerk 1\M\ o\L I\IIIII 1111111 Ill\ Ill\ IIIII IIIII IIIII \Ill \Ill SA0341 Comm. Amdt. _\_ AMEND Senate Bill No. 1014 House Bill No. 629* by deleting all language after the enacting clause and substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 63-10-204(40), is amended by adding the following new subdivision: (C) Nothing in this chapter shall require an advanced practice nurse specializing as a certified registered nurse anesthetist (CRNA) to obtain authorization to prescribe pursuant to§ 63-7-123 in order to select, order, or administer appropriate drugs during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. Such an order by a CRNA for drugs shall only be valid for dispensing for administration at the facility where the anesthesia services are being provided; SECTION 2. Tennessee Code Annotated, Section 63-7-103(a)(2)(D), is amended by deleting the subdivision in its entirety and substituting the following: (D) Administration of medications and treatments as prescribed by a licensed physician, dentist, podiatrist, or nurse authorized to prescribe pursuant to§ 63-7-123, or selected, ordered, or administered by an advanced practice nurse specializing as a certified registered nurse anesthetist (CRNA) during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. A CRNA shall collaborate in a cooperative working relationship with the ordering physician, dentist, or - 1 - *004821* podiatrist in the provision of patient care, which includes consultation regarding patient treatment and cooperation in the management and delivery of health care; SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it. - 2 - *004821*