Tennessee Legislation Service (c) 2008 M. Lee Smith Publishers
Thursday, May 8, 2008
GOVERNMENT CONTRACTS
SB 3257
HB 3071*
(Full Text)
Providing public safety-related goods and services. Requires the majority
ownership interest of any business supplying public safety-related goods or services
to any unit of state or local government to be a domestic company. Defines "public
safety-related goods or services" as equipment used by police officers, correctional
officers or firefighters or in the implementation of traffic safety. (S: Burchett; H:
McCord)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
GOVERNMENT REGULATION
SB 3436*
HB 3631
(Full Text)
Requires governor appointees on certain non-profit boards. Requires all nonprofit organizations receiving more than $100,000 in state funds to have a member
on the board appointed by the governor. Requires such member to serve for a term
of at least four years. (S: Burchett; H: Kernell)
House Co-Sponsors: Cooper B.; Coley; Lollar
Senate Status: Taken off notice in Senate State & Local Government
04/01/2008.
House Status: Referred to House Local Government Subcommittee.
SB 3445
HB 3108*
(Full Text)
Creates grants for personnel to attend fire academy. Directs the commission on
firefighting personnel standards and education to create grants to enable volunteer
fire service personnel to attend the fire academy tuition free, to the greatest extent
possible. Specifies that payments are to be made from the fire prevention fund. (S:
Southerland; H: Curtiss)
House Co-Sponsors: Ferguson; Hackworth; Favors; Shepard; Harmon; Roach;
Montgomery; Yokley; Cobb C.; McCord; Strader; Sargent; Todd; Hawk; Matheny
Senate Status: Senate State & Local Government 04/01/2008
recommended. Sent to Senate Finance, Ways & Means.
House Status: House Finance Budget Subcommittee 02/27/2008 set
behind budget.
HEALTH CARE
SB 2749*
HB 2754
(Full Text)
Confidentiality - committee on pediatric emergency care. Requires the
committee on pediatric emergency care to adhere to federal and state confidentiality
requirements when accessing the department of health's existing raw and analyzed
data regarding pediatric emergency care health issues. Requires the board for
licensing health care facilities and the emergency medical services board, in
collaboration with the committee on pediatric emergency care, to submit their
report on the current status of emergency medical services for children and on
continuing efforts to improve such services by January 15 rather than July 1. (S:
Henry; H: Pruitt)
Senate Status: Referred to Senate General Welfare.
House Status: Taken off notice in House Professional Occupations
Subcommittee 03/25/2008.
SB 4147
HB 4103*
(Full Text)
Administrative hearings costs. Authorizes the board or administrative law judge
of licensing heath care facilities and emergency medical services to assess actual
and reasonable costs of any disciplinary action in contested cases in which
sanctions are imposed on any entity required to be licensed. Costs may include time
of the prosecuting attorneys, investigators, expert witnesses, administrative law
judges and any other persons involved in the action. Requires costs assessed to be
paid within 30 days and provides legal recourse if they are not. (Part of
Administration Package.) (S: Kyle; H: Odom)
Senate Co-Sponsor: Henry
Senate Status: Senate General Welfare deferred to 04/02/2008.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/01/2008.
LOCAL GOVERNMENT
SB 3457
HB 3159*
(Full Text)
Privatizing fire related services. Authorizes a municipality, city, county, or
political subdivision to privatize fire protection, emergency medical services, or
other related services only if the majority of voters in the municipality, city, county
or political subdivision authorizes such action. (S: Marrero; H: Jones S.)
House Co-Sponsor: DeBerry J.
Senate Status: Senate State & Local Government deferred to 2009.
House Status: Taken off notice in House Finance Budget
Subcommittee 04/16/2008.
SB 3652
HB 2982*
(Full Text)
Urban type public facilities - fire protection and EMS. Expands definition of
"urban type public facilities" to include fire protection and emergency medical
services in all counties. (S: Ketron; H: Litz)
Senate Status: Senate passed 04/10/2008.
House Status: Set for House consent calendar 05/13/2008.
SB 3928
HB 3681*
(Full Text)
Public Chapter (PDF)
Color schemes for ambulances, fire trucks. Permits municipalities in counties
with populations in excess of 150,000 (Shelby, Davidson, Knox, Hamilton,
Rutherford and Sullivan) to select the color scheme of their ambulances. The color
scheme shall be the same used for the municipality's fire department vehicles. (S:
Ketron; H: Lundberg) House amendment 2 rewrites this bill to extend the present
law exception to color scheme requirement to Sullivan County.
Senate Status: Senate passed 04/10/2008.
House Status: House 03/27/2008 passed with amendment 2.
Other Status: Enacted as Public Chapter 0783 (effective
04/21/2008).
PROPERTY & HOUSING
SB 1382
HB 0649*
(Full Text)
State fire marshal guidelines for gated communities. Requires state fire marshal
to promulgate guidelines to be used by zoning boards, including municipal planning
commissions and regional planning commissions with regard to approving plans
submitted by developers where vehicular access gates are to be installed
surrounding gated communities, apartments and condominiums. Requires state fire
marshal to establish a minimum width to accommodate all types of emergency
vehicles entering such gated communities. Broadly captioned. (S: Haynes; H:
Turner M.) House amendment 1 changes the effective date to July 1, 2008. House
amendment 2 changes the language to read rules instead of guidelines. House
amendment 3 rewrites bill to require developer or owner to obtain a security gate or
barrier permit from the authority having jurisdiction in the area prior to installation
or replacement of a security gate or barrier at a gated facility or community.
Requires all security gates or barriers to be equipped with a radio operated
receiver/controller capable of receiving signals from the police department, sheriff's
department, fire department and emergency medical services' radio transceivers
serving the gated facility or community which allow emergency responders and
other necessary on-duty employees to open the security gate or barrier by use of
such equipment. Clarifies that the maintenance and upkeep of any security gate or
barrier is the sole responsibility of the developer or owner. Specifies that the
provisions of this bill apply to any gated facility or community, whether residential,
commercial or industrial. House amendment 4 requires any necessary equipment to
be furnished, installed, and maintained by the gated facility or community and
requires the county or municipal building or codes inspector to inspect the gates for
the necessary equipment during routine inspections. House amendment 5 adds
utility companies to the provisions of the bill.
Senate Status: Senate passed 05/07/2008.
House Status: House 05/06/2008 passed with amendments 1, 2, 3, 4
& 5.
Other Status: Sent to the speakers for signatures 05/07/2008.
PUBLIC EMPLOYEES
SB 2638*
HB 2660
(Full Text)
Mandatory retirement age for EMS personnel. Authorizes any political
subdivision participating in TCRS to establish a mandatory retirement age
requirement for members employed as emergency medical technicians (EMTs),
emergency medical technician-paramedics (EMT-Ps), emergency medical
dispatchers (EMDs), and for all employees who have been transferred from one of
the previously mentioned positions to a supervisory or administrative position
within the EMS department or agency. Allows certain EMS personnel, being 55
years of age or older and having at least 25 years of creditable service, to retire
early. (S: McNally; H: Hackworth)
House Co-Sponsors: Dean; Harmon; Ford D.; Watson E.; Brooks, Kevin;
Williams K.; Hawk; Windle
Council on Pensions and Insurance comment: This bill would extend the
mandatory retirement provisions that relate to public safety officers to emergency
medical dispatchers, emergency medical technicians, and emergency medical
technician-paramedics who are employed by local governments participating in
TCRS provided the political subdivision passes a resolution authorizing the
provisions, and accepting the liability therefore. Enactment of this bill will have no
fiscal impact on the State.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
Other Status: Council on Pensions & Insurance 03/03/2008 returned
with unfavorable recommendation with the understanding that this
bill will be grouped with similar bills and studied between sessions.
SB 2759
HB 2534*
(Full Text)
Improves retirement benefits for certain public employees. Improves retirement
benefits for certain active and retired state members, including the following:
teachers and general employees (excluding general assembly members); state police
officers, wildlife officers, game and fish officers so classified prior to April 1, 1974,
firefighters and police officers; members of the superseded state retirement system;
members of the superseded state teachers' retirement system; all state employees
who were employed by the state prior to July 1, 1947, for at least eight years and
are 65 and not otherwise covered by any other retirement system administered by
the state. (S: Kyle; H: Fitzhugh)
Senate Co-Sponsors: Harper; Marrero; Tracy; Roller; Bunch
House Co-Sponsors: Winningham; McDaniel; Harrison; Hawk; Jones S.; Moore;
Ferguson; Sontany; Gilmore; Watson E.; Odom; Pitts; Matheny
Council on Pensions and Insurance: Enactment of this bill will increase the lump
sum pension liability by approximately $1,624,449,200. The annual cost to
amortize the additional liability over 20 years under this proposal is estimated to be
$161,325,500.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
Other Status: Council on Pensions & Insurance 02/25/2008 returned
with unfavorable recommendation.
SB 3404*
HB 3279
(Full Text)
Public Chapter (PDF)
Paramedic training for fire department personnel. Allows paid career members
of any fire department that operates its own fire training academy to enter and
graduate from the paramedic training program at such facility, upon written
interlocal agreement. (S: Tate; H: Miller L.) House amendment 1 grants any fire
department operating its own fire training academy the option of permitting a fire
fighter recruit to have between three and five years to complete paramedic
certification training.
Senate Status: Senate passed 04/10/2008.
House Status: House 03/24/2008 passed with amendment 1.
Other Status: Enacted as Public Chapter 0799 (effective
07/01/2008).
SB 3540
HB 3273*
(Full Text)
Requirements for local emergency management director. Sets the minimum
qualifications for the director of county emergency management agencies: 1)
possess a valid Tennessee driver's license; 2) four year college degree or two year
degree with two years experience in an emergency management related field; 3)
any other qualification the local government deems necessary. Requires the director
to be responsible for establishing emergency management standards within the
county to include supporting the National Incident Management System. (S: Finney
L.; H: Cobb C.)
Senate Status: Senate State & Local Government deferred to
04/15/2008.
House Status: Taken off notice in House State & Local Government
04/08/2008.
SB 3677*
(Full Text)
Retirement for emergency medical services personnel. Includes emergency
medical service personnel among certain government employees that fall under the
mandatory retirement age requirement. (S: Bunch)
Council on Pensions and Insurance comment: This bill would extend the
mandatory retirement provisions that relate to public safety officers to emergency
medical service personnel employed by local governments participating in TCRS
provided the political subdivision passes a resolution authorizing the provisions,
and accepting the liability therefore. Enactment of this bill will have no fiscal
impact on the State.
Senate Status: Withdrawn in Senate 03/17/2008.
Other Status: Council on Pensions & Insurance 03/03/2008 returned
with unfavorable recommendation.
SB 3719*
HB 3499
(Full Text)
Compensation for civil air patrol. Authorizes members of civil air patrol who are
state employees to receive their regular compensation while participating in
authorized training or emergency services. (S: Tate; H: Brooks, Kevin)
Senate Status: Withdrawn in Senate 01/28/2008.
House Status: Withdrawn in House 01/28/2008.
SB 3812*
HB 3347
(Full Text)
Public Chapter (PDF)
Firefighter certification. Permits the commission on firefighting personnel
standards and education to certify individuals who are not currently firefighters but
complete an approved recruit training program. (S: Haynes; H: Moore)
Senate Status: Senate passed 04/10/2008.
House Status: House passed 03/17/2008.
Other Status: Enacted as Public Chapter 0781 (effective
04/21/2008).
SB 4100
HB 4068*
(Full Text)
Mandatory retirement for certain EMS personnel. Authorizes certain political
subdivisions to establish a mandatory retirement age for certain emergency
management services personnel. Retirement age shall be at least 60 years old.
Permits certain EMS personnel, being 55 years of age or older and having at least
25 years of creditable service, to retire early. (S: Kyle; H: Moore)
Council on Pensions and Insurance comment: This bill would extend the
mandatory retirement provisions that relate to public safety officers to emergency
medical dispatchers, emergency medical technicians, and emergency medical
technician-paramedics who are employed by local governments participating in
TCRS provided the political subdivision passes a resolution authorizing the
provisions, and accepting the liability therefore. Enactment of this bill will have no
fiscal impact on the State.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
Other Status: Council on Pensions & Insurance 03/03/2008 returned
with unfavorable recommendation.
PUBLIC FINANCE
SB 2821
HB 2672*
(Full Text)
Appropriation - TN Association of Rescue Squads. Appropriates $127,900 to the
Tennessee Association of Rescue Squads for the purchase of a hand-held sonar unit
and associated equipment. (S: Roller; H: Matheny)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: House Finance Budget Subcommittee 02/06/2008 set
behind budget.
TORT LIABILITY
SB 2636*
HB 2661
(Full Text)
Tort liability protection for crisis intervention. Limits volunteer crisis response
team member's liability for personal injuries or emotional distress caused by an act
or omission during the course of a crisis response or training session provided that
the intervention or training is conducted within generally accepted protocols of a
registered team. (S: McNally; H: Hackworth)
House Co-Sponsor: Ford D. Senate amendment 1 grants immunity to a volunteer
crisis response team member who participates in a crisis intervention. Provides
immunity from liability to team members for any injuries or infliction of emotional
distress caused by an act or omission during the crisis response as long as the
intervention or training was conducted within generally accepted protocols of the
registered team. This immunity would not apply if: (1) the team member acted with
actual malice or willful intent to injure the subject; (2) the team member acted
outside the scope of assigned duties; (3) the team member acted without team
coordination and dispatch; (4) the action involved the commission of a crime; (5)
the action involved sexual harassment or sexual or physical abuse; (6) the actions
involved any form of moral turpitude or moral misconduct within the normally
accepted community standards, or (7) the damages result from gross negligence of
the team member. House amendment 1 contains the same language as Senate
amendment 1, except that it adds language to specify that the immunity granted by
this bill to a volunteer crisis response team member participating in a crisis
intervention would only apply to an action brought by a participant of the crisis
intervention. House amendment 2 redefines "registered team" to mean a team
formally registered with a "recognized training agency" instead of a "recognized
accrediting agency" and specifies that a recognized training agency includes the
International Critical Incident Stress Foundation, National Organization of Victims
Assistance, National Red Cross, Tennessee Public Safety Network, and other such
organizations.
Senate Status: Senate 04/29/2008 concurred in House amendments 1
& 2.
House Status: House 04/21/2008 passed with amendments 1 & 2.
Other Status: Sent to the speakers for signatures 04/29/2008.
TRANSPORTATION VEHICLES
SB 3096
HB 2941*
(Full Text)
Use of sirens and red and blue lights on personal vehicles. Authorizes full-time,
part-time, and volunteer members of fire departments and rescue squads to use
sirens and red lights on personal vehicles, and authorizes certain police and
correction officers to use blue lights on personal vehicles. (S: Kilby; H: Windle)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Transportation Public
Safety & Rural Roads Subcommittee 03/04/2008.
SB 3338
HB 3016*
(Full Text)
Use of emergency lights on motor vehicles. Authorizes certain officers of local
emergency management agencies to use blue flashing lights on their official motor
vehicles. Officers must carry appropriate identification issued by the sheriff. (S:
Southerland; H: Litz)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Transportation Public
Safety & Rural Roads Subcommittee 03/18/2008.
SB 3518
HB 3056*
(Full Text)
Use of emergency lights on motor vehicles. Authorizes reserve forces of police
departments in Sumner County to operate blue lights on official motor vehicles.
Reserve officers operating such motor vehicles must be in uniform and carry
appropriate identification issued by the police chief. (S: Black; H: Maggart)
House Co-Sponsors: McDaniel; Lynn
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Transportation Public Safety &
Rural Roads Subcommittee.
SB 4027
HB 3983*
(Full Text)
Public Chapter (PDF)
Blue flashing emergency lights on official motor vehicles. Allows reserve or
auxiliary deputy sheriffs or reserve or auxiliary police officers of any county (rather
than only those currently included by population reference), who are authorized by
the local sheriff or police chief, to operate a motor vehicle with blue flashing
emergency lights. (S: Burchett; H: Todd)
House Co-Sponsors: Watson E.; Baird; Lollar; Coley; McManus; Dean; Brooks,
Harry
Senate Status: Senate passed 04/10/2008.
House Status: House passed 03/06/2008.
Other Status: Enacted as Public Chapter 0785 (effective
04/21/2008).
DEFINTIONS
“referred to committee”: This means that the bill has been referred to the appropriate
standing committee where it will be “put on notice” by the sponsor and then heard in
front of the full committee at a scheduled time.
“taken off notice”: This means that the bill will not be scheduled to be heard in the
committee unless the sponsor re-calendars it.
“general sub”: This means that the bill will not be scheduled to be heard in the
committee unless the sponsor re-calendars it.
“failed for a lack of a motion or second”: This means that the bill did not receive a
motion to be heard in the committee, or that a motion was made for the bill to be heard,
but there was no second on that motion. The bill is then “dead” for the session.
“Caption bill”: A caption bill is a bill that has been broadly drafted to open up an entire
title to the Tennessee Code Annotated. It can then be amended to do exactly what the
sponsor wants, but until that time, caption bills are held on the clerk’s desk until the
amendment is filed. They are then referred to the appropriate standing committee for
discussion of the merits.
“Deferred to”: This means that a bill has been scheduled for a date certain in the
committee.
“Sine die” Term used at the end of the second half of the general assembly session when
the legislature adjourns for good. All bills pending in committees die and the legislature
starts back up the following January with a clean slate.