Legislative Cal

TCA Legislative Calendar, April 28-May 2, 2008
Monday, April 28, 2008
House floor -- Monday at 4:00 pm -- House Chamber Please note TIME. This is not the official calendar. The following reflects action taken in Calendar & Rules and previous floor action.
HB 3321 Brown	EDUCATION: Justification report for student suspension or expulsion. Requires the disciplinary authority over the suspension, expulsion, or referral of students to juvenile court to file a justification report with the LEA providing the circumstances and rationale for the action taken. Requires each LEA to forward the reports to the department of education who will be required to publish an annual report. AMENDMENT: Senate Education amendment 1, House Finance amendment 1 directs the commissioner of education to report on a semi-annual basis to the select oversight committee on education and the senate and house education committees regarding disciplinary actions in Tennessee schools. Such reports are to include the reason for the disciplinary action, the number of students suspended or expelled and the number of such students who have been placed in an alternative educational setting. Data is to be sorted by school as well as by various demographic factors including grade, race and sex. (SENATE: SB 3469, Burks; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: February 4, 2008 Increase state expenditures - $56,400. Increase local expenditures - not significant.	Set for House floor 04/28/2008.
HB 3098 Curtiss	GOVERNMENT CONTRACTS: Review of contracts for state services by fiscal review. Requires the fiscal review committee to review any noncompetitive contract for services or non-competitive amendment to any such contract that would otherwise fall within their jurisdiction. Requires the committee to review any contract or contract amendment between the department of children's services and any person or entity to provide services related to child placement. AMENDMENT: House Finance amendment 1 requires each state agency granted a special delegated authority to establish fee-for-service contracts to report quarterly to the Fiscal Review Committee a listing of all contracts awarded under such delegated authority. Requires the listing of contracts to include, at a minimum, the contractor name, contract period, contract amount, method used to select the contractor, and completion date for a monitoring review as defined by the department of finance and administration policy. (SENATE: SB 3184, Harper; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: March 5, 2008 Increase state expenditures - $5,000/one-time. $82,600/recurring.	Set for House floor 04/28/2008.
Tuesday, April 29, 2008
House Health & Human Resources Committee -- Tuesday at 9:00 am -- LP 16 Please note TIME change. MEMBERS: Chair Armstrong (D), Vice Chair Pruitt (D), Secretary Favors (D), J. Cobb (R), Crider (R), J. DeBerry (D), L. DeBerry (D), DuBois (R), Eldridge (R), Ferguson (D), Harrison (R), Hensley (R), S. Jones (D), Maggart (R), Mumpower (R), Odom (D), Overbey (R), Richardson (D), Shepard (D), M. Turner (D), Williams (R).
HJR 1223 Odom	HEALTH CARE: Medicaid reimbursement for targeted case management. Urges Congress and Centers for Medicaid and Medicare Services to reverse federal rule change which eliminated federal Medicaid reimbursement for targeted case management.	Set for House Health & Human Resources Committee 04/29/2008.
House Higher Education Subcommittee -- Tuesday at 9:15 am -- LP 16 Please note CHANGE IN ORDER of bills. Subcommittee will meet immediately following Health & Human Resources committee. MEMBERS: Chair Brown (D), Vice Chair Gresham (R), Coley (R), B. Cooper (D), Hood (D), P. Johnson (R), Lollar (R), McDonald (D), Towns (D), Windle (D), Winningham (D).
HB 1652 Bell	EDUCATION: Development of model grading policy. Authorizes state board of education to develop model grading policy. (SENATE: SB 1827, Bunch; Taken off notice in Senate Education 04/09/2008.) FISCAL NOTE: Dated: February 12, 2007 Increase state expenditures - not significant.	By suspension of the rules on the House floor 04/24/2008, set for House Higher Education Subcommittee 04/29/2008.
Senate General Welfare -- Tuesday at 9:20 am -- Well, Senate Chamber MEMBERS: Chair Crowe (R), Vice Chair Kurita (D), Secretary R. Finney (R), Black (R), O. Ford (D), Henry (D), Herron (D), J. Johnson (R), McNally (R).
HJR 1223 Odom	HEALTH CARE: Medicaid reimbursement for targeted case management. Urges Congress and Centers for Medicaid and Medicare Services to reverse federal rule change which eliminated federal Medicaid reimbursement for targeted case management.	Set for Senate General Welfare 04/29/2008.
Senate floor -- Tuesday at 9:30 am -- Senate Chamber Please note TIME and DATE.
SB 2008 Southerland	EDUCATION: Virtual schools. Enacts the virtual public schools act to provide certain educational resources and opportunities to students via the Internet in a virtual or remote setting. (HOUSE: HB 1872, Hawk; Set for House Education K-12 Subcommittee 04/29/2008.) FISCAL NOTE: Dated: March 27, 2007 Increase state expenditures - $17,400,000. Increase local govt. expenditures - $17,400,000/permissive.	Set for Senate floor 04/29/2008.
SB 2764 Burks	EDUCATION: Students adjudicated delinquent returning to school. Expands the requirement that parents, guardian or department of children services must notify schools when a student has been adjudicated delinquent for certain offenses, including rape of child, aggravated sexual battery and aggravated sexual battery of a child. Requires court to enter an order directing the youth service officer, probation officer or state agency to notify the school principal in writing of the nature of the offense and probation requirements related to school attendance within five days of order or before the child begins school, whichever occurs first. Requires the principal to convene a meeting with those parties involved to develop a plan for child, including a list of goals for child. Specifies that such information is only to be shared with employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker, psychologist, and the school resource officer. Specifies that violation of confidentiality provisions is a Class C misdemeanor. AMENDMENT: House amendment 3 removes aggravated sexual battery of a child and adds aggravated rape of a child to the list of applicable offenses under this bill. Specifies that the notification is required when the student changes schools within "the state of Tennessee" instead of within "the LEA." Specifies that the Class C misdemeanor of violating the confidentiality provisions is punishable by fine only. Adds a Class C misdemeanor, punishable by fine only, of a parent or guardian knowingly failing to provide the required notification. Provides that if it becomes apparent that an employee of the department of children's services knowingly fails to notify the school as required by present law, then the commissioner of children's services must be notified and take appropriate action against the employee. Removes provision requiring notice only if school attendance is a condition of the child's probation or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or a contractor of the state agency. Makes it discretionary instead of mandatory for the principal to convene a meeting to develop a plan with goals for a child subject to this bill's provisions and removes this bill's requirements related to such a meeting. Removes the bill's provisions regarding the court ordering the youth service officer, probation officer, or state agency, to notify the principal of the nature of the offense and probation requirements. Removes this bill's provisions regarding a child ordered to complete an inpatient mental health treatment program and regarding the release of information of recipients of mental health services. (HOUSE: HB 2720, Fincher; House 03/27/2008 passed with amendment 3.) FISCAL NOTE: Dated: February 18, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant. Increase local revenue - not significant. Other fiscal impact - Increase federal expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 3080 McNally	EDUCATION: State-funded transportation to schools in hazardous areas. Requires an LEA to conduct a safety survey of the area one and a half miles around a school upon the written request of a student's parent. If the area is found to contain hazards (no sidewalks, four-lane highways, abundance of sexual offenders), the LEA must submit findings to the commissioner of transportation who will then provide state-funded transportation for the students if the commissioner does not reject the findings within 60 days of the submission. AMENDMENT: Senate Education, House Education amendment 1 makes the bill and encourages LEAs to assess the safety of the walking routes and report the results to TDOT. (HOUSE: HB 2651, Hackworth; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: February 22, 2008 Increase state expenditures - $6,737,000. Increase local expenditures - $21,400,000/one-time. $5,610,000/Net recurring.	Set for Senate floor 04/29/2008.
SB 3184 Harper	GOVERNMENT CONTRACTS: Review of contracts for state services by fiscal review. Requires the fiscal review committee to review any noncompetitive contract for services or non-competitive amendment to any such contract that would otherwise fall within their jurisdiction. Requires the committee to review any contract or contract amendment between the department of children's services and any person or entity to provide services related to child placement. AMENDMENT: House Finance amendment 1 requires each state agency granted a special delegated authority to establish fee-for-service contracts to report quarterly to the Fiscal Review Committee a listing of all contracts awarded under such delegated authority. Requires the listing of contracts to include, at a minimum, the contractor name, contract period, contract amount, method used to select the contractor, and completion date for a monitoring review as defined by the department of finance and administration policy. (HOUSE: HB 3098, Curtiss; Set for House floor 04/28/2008.) FISCAL NOTE: Dated: March 5, 2008 Increase state expenditures - $5,000/one-time. $82,600/recurring.	Set for Senate floor 04/29/2008.
SB 3403 Tate	EDUCATION: School support organizations. Delays the implementation of laws governing any school employees' or board members' ability to contract with a school support organization. Subsequently delays requirement that the director of schools publish a list of these organizations. Requires the select committee on education oversight to study the potential impact on school districts, schools and school support organizations of the implementation of this part and report its findings and recommendations to the education committees of the senate and the house of representatives by January 15, 2009. (HOUSE: HB 4003, Jones U.; Set for House Education Committee 04/29/2008.) FISCAL NOTE: Dated: February 22, 2008 Increase state expenditures - $4,800/Each one-day meeting.	Set for Senate floor 04/29/2008.
SB 3469 Burks	EDUCATION: Justification report for student suspension or expulsion. Requires the disciplinary authority over the suspension, expulsion, or referral of students to juvenile court to file a justification report with the LEA providing the circumstances and rationale for the action taken. Requires each LEA to forward the reports to the department of education who will be required to publish an annual report. AMENDMENT: Senate Education amendment 1, House Finance amendment 1 directs the commissioner of education to report on a semi-annual basis to the select oversight committee on education and the senate and house education committees regarding disciplinary actions in Tennessee schools. Such reports are to include the reason for the disciplinary action, the number of students suspended or expelled and the number of such students who have been placed in an alternative educational setting. Data is to be sorted by school as well as by various demographic factors including grade, race and sex. (HOUSE: HB 3321, Brown; Set for House floor 04/28/2008.) FISCAL NOTE: Dated: February 4, 2008 Increase state expenditures - $56,400. Increase local expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 3524 Herron	EDUCATION: Policies on credit card marketing. Requires private and public institutions of higher education to develop policies regarding the marketing of credit cards to students on institutional property. AMENDMENT: Senate Education amendment 1 clarifies that the policy of the institute may also include one which prohibits any such marketing of credit cards. (HOUSE: HB 4084, Maddox; House Education 03/26/2008 recommended. Sent to Calendar & Rules.) FISCAL NOTE: Dated: January 24, 2008 Increase state expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 3536 Herron	FAMILY LAW: Child to be present at foster care permanency hearing. Requires that a child be present at a foster care permanency hearing. Provides an exception to mandatory attendance for a child who is under a doctor's care preventing the child from attending or is placed out of the state. Requires that the court review and ratify an independent living plan for a child 16 years of age or older who is in the custody of the department of children's services. AMENDMENT: Senate Judiciary amendment 1 and House amendment 1 specifies that at a permanency hearing, the court must have the department of children's services present evidence regarding services that are available to the child beginning at the age of 18. (HOUSE: HB 3143, DeBerry J.; House 04/07/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 21, 2008 Increase state revenue - not significant. Increase state expenditures - not significant. Increase local revenue - not significant. Increase local expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 3538 Herron	FAMILY LAW: Termination of parental rights. Makes certain changes regarding termination of parental rights, including the following: authorizes the filing of an adoption petition in any county where the child became subject to guardianship as the result of a surrender proceeding; permits the filing of a petition to terminate parental rights in any venue where it would be proper for the petitioner to file an adoption petition; specifies that the grounds for termination of parental rights are cumulative and non-exclusive; and requires proof to be presented as to the legal grounds for the termination of parental rights and the child's best interest in order to terminate parental rights by default judgment. AMENDMENT: Senate Judiciary amendment 1 and House amendment 1 changes the effective date from July 1, 2008, to January 1, 2009. (HOUSE: HB 3145, DeBerry J.; House 04/07/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 22, 2008 State expenditures - net impact - not significant.	Set for Senate floor 04/29/2008.
SB 3569 Herron	FAMILY LAW: Termination of parental rights. Changes various requirements regarding termination of parental rights; expands grounds for termination of parental rights by adding statutory rape and aggravated statutory rape to the definition of severe child abuse. Requires the trial court to set a date for a status conference and enter a scheduling order; establishes that no trial for the termination of parental rights shall be continued more than once unless the trial court finds that there is good cause. AMENDMENT: House Family Justice subcommittee amendment 1 clarifies that an established father must receive a notice of adoption but not an unknown father. Adds severe abuse of any child to grounds for termination of parental rights, as well as a conviction of rape when the child is a product of that rape. Requires all termination of rights cases to be conducted and closed within six months. (HOUSE: HB 4139, Jones S.; Set for House Children & Family Affairs Committee 04/30/2008.) FISCAL NOTE: Dated: February 10, 2008 Increase state revenue - not significant. Increase state expenditures - not significant. Increase local revenue - not significant. Increase local expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 3814 Tate	EDUCATION: Credit card solicitations on college campuses. Prohibits credit card issuer or any other issuer of credit to recruit potential student cardholders or customers for credit card business or other credit services on campus or at college or university facilities, or through student organizations. Prohibits the use of promotional incentives to students on campus in order to entice such students to apply for credit cards. AMENDMENT: House amendment 2 limits application of bill's restrictions on credit solicitations to credit card issuers. Adds an exemption whereby colleges and universities will be authorized to allow credit card issuers to recruit customers on days when there are athletic events so long as the recruitment is in accordance with college or university policies. Adds the mens rea of "knowingly" offering gifts or other promotional incentives to students on campus or at college or university facilities in order to entice the students to apply for credit cards, in order to commit a violation. Removes prohibition against using state or federal revenue to offset any losses of funding from credit card issuers. Specifies that this bill will not impair any contractual rights that exist between credit card companies and colleges or universities on July 1, 2008. Changes effective date so that all provisions of this bill will take effect on July 1, 2008. Senate Education amendment 1 clarifies that students may indicate a preference not to receive solicitations or offers; states it is unlawful for any credit card issuer to recruit potential credit card customers on campus, or at college facilities, or through student organizations; states it is unlawful to offer gifts or promotional incentives to students in exchange for credit card applications; requires any institution of the University of Tennessee system or the state board of regents system that receives funds from the distribution of credit cards to students provide an annual report to the joint oversight committee on education; directs that no state or federal money received by such institutions may be used to offset or replace funding from any credit card issuer that is lost or decreased as a result of the provisions of this act. (HOUSE: HB 3393, DeBerry L.; House 04/24/2008 passed with amendment 2.) FISCAL NOTE: Dated: February 19, 2008 Other fiscal impact - The current fiscal impact is estimated to be minimal since existing contracts would not be impacted by the bill and institutions of higher education affected by this bill have multi-year contracts in place. However, to the extent that future contracts have to be modified as a result of the bill, the state institutions of higher education may forego future revenues.	Set for Senate floor 04/29/2008.
SB 3880 Henry	FAMILY LAW: Reports of child abuse by health care providers. Grants immunity and privileges for health care providers, under the mandatory child abuse reporting statute, if the healthcare provider renders an opinion at the request of the department or any law enforcement agency, whether or not the healthcare provider has examined the child, rendered care or treatment, or made the report of harm. AMENDMENT: House amendment 1 rewrites the bill. Revises to whom the immunity under this bill would apply from "a health care provider who renders an opinion at the request of the department of children's services or any law enforcement agency" to "a health care provider who is highly qualified by experience in the field of child abuse and neglect, as evidenced by special training or credentialing and who renders a second opinion at the request of the department or any law enforcement agency." Extends immunity to such a health care provider for any civil or criminal action based solely upon the fact that the second opinion was requested and provided. Senate Judiciary committee amendment 1 re-writes the bill. Revises to whom the immunity under this bill would apply from "a health care provider who renders an opinion at the request of the department of children's services or any law enforcement agency" to "a health care provider who is highly qualified by experience in the field of child abuse and neglect, as evidenced by special training or credentialing and who renders a second opinion at the request of the department o any law enforcement agency." Extends immunity to such a health care provider for any civil or criminal action based solely upon the fact that the second opinion was requested and provided. Deletes the reference to "compensatory and punitive damages" in section (b) to take out the specific reference to the type of damages for which an action can be brought. (HOUSE: HB 3717, Gilmore; House 04/03/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 16, 2008 Minimal.	Set for Senate floor 04/29/2008.
SB 4030 Burks	GOVERNMENT ORGANIZATION: Abolishes juvenile records task force. Abolishes juvenile records task force after the task force submits its final findings and recommendations to general assembly and governor, not later than May 1, 2008. AMENDMENT: Senate Government Operations amendment 1 makes the bill. Requires the fingerprint cards of juvenile arrestees be delivered to the juvenile court for transmittal to the Tennessee Bureau of Investigation (TBI) or in tandem with the R-84 Disposition Cards in certain circumstances. Authorizes the release of records for employment or licensing purposes pertaining to a juvenile who has been adjudicated delinquent for certain offenses. Requires the juvenile court to inform the juvenile of the potential release of records. Revises law enforcement agency requirements to destroy juvenile records. (HOUSE: HB 3937, Jones S.; Set for House Children & Family Affairs Committee 04/30/2008.) FISCAL NOTE: Dated: February 12, 2008 Decrease state expenditures - $3,300. Decrease local expenditures - $1,800.	Set for Senate floor 04/29/2008.
SB 4075 Tracy	TORT LIABILITY: Tort actions against long-term care facilities. Provides that tort actions against long-term care facilities involving health-related services are to be brought solely as medical malpractice action. Allows a long-term care facility to require any patient as a condition of admission to enter into an arbitration agreement as part of the patient admission process. Prohibits long-term care facility from discharging patient, once admitted, for failure to enter into an arbitration agreement. Clarifies that there is no limit on the amount of economic loss that can be recovered in a long-term care tort action. Specifies that the maximum amount of non-economic loss recoverable in any long-term care tort action for injury or death is $300,000. AMENDMENT: Senate Judiciary amendment 1, as amended, creates a committee to study the impact of the cost of litigation on the nursing home industry. The committee will be made up of 10 members, 5 from the House and 5 from the Senate. Requires 2 members from the Judiciary committees of each house, 2 members from the finance committees of each house, 1 member from the General Welfare committee of the Senate and 1 member from the Health and Human Resources committee of the House. Members shall be appointed by the speakers of each house. The committee shall report its findings to the speakers of each house no later than February 1, 2009. House Judiciary amendment 1 creates a committee to study the impact of the cost of litigation on the nursing home industry. The committee will be made up of 10 members, 5 from the House and 5 from the Senate. Requires 2 members from the Judiciary committees of each house, 2 members from the finance committees of each house, 1 member from the General Welfare committee of the Senate and 1 member from the Health and Human Resources committee of the House. Members shall be appointed by the speakers of each house. The committee shall report its findings to the speakers of each house no later than December 2008. (HOUSE: HB 4053, Rinks; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: March 6, 2008 Increase state expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 4185 Kyle	EDUCATION: School accountability. Allows inclusion in periodic report by office of education accountability that is provided to general assembly any records of action taken by commissioner of education with regard to school districts that do not make progress towards performance goals after being on probation for two consecutive years. (Part of Administration Package.) AMENDMENT: House Education amendment 1 makes technical corrections to the numbering system. Senate Educations amendment 1 makes the bill. Revises the powers and remediation that the Commissioner of Education and the directors of local education agencies (LEAs) may take when schools or LEAs are failing to meet adequate yearly progress. Specifies what actions may be taken by each respective party during each year that a school or LEA fails to make adequate yearly progress. (HOUSE: HB 4148, Odom; House Education 04/23/2008 recommended with amendment. Sent to House Calendar & Rules.) FISCAL NOTE: Dated: February 6, 2008 Increase state expenditures - not significant.	Set for Senate floor 04/29/2008.
HB 2719 Fincher	EDUCATION: Notice to schools of offenses committed by students. Adds aggravated sexual battery and aggravated sexual battery of a child to the crimes of which a child's school must be notified when the child has been adjudicated delinquent involving such offenses. AMENDMENT: House amendment 1 adds to the present law requirement for notice to the school. Under current law, when a student has been adjudicated delinquent for certain offenses and the school gets notice, the principal of the child's school, or the principal's designee, must convene a meeting to develop a plan regarding the juvenile's school attendance. Under current law, if release of information documents are executed, the principal and designated school personnel may work with the child's mental health provider to develop this plan. Revises this provision to require that the executed information release contain a provision for the principal or other designated school personnel having access to certain information concerning the child in order for those persons to be authorized to work with the child's mental health provider. (SENATE: SB 2765, Burks; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: February 14, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant.	Set for Senate floor 04/29/2008.
SB 2807 Woodson	EDUCATION: Background checks for subcontractors working at schools. Makes subcontractors and people employed under subcontractors subject to criminal background checks when working on school or childcare facility grounds. Specifies that nothing in this part imposes a new duty of care or a new cause of action or basis for liability on any person, corporation or other entity under these provisions. AMENDMENT: Senate Commerce amendment 1 makes the bill and thereby removes the fiscal note. Specifies that this act governs any person, corporation or other entity who, on or after September 1, 2007, but prior to the effective date of this act, entered into or renewed an applicable contract with a school, local board of education or child care program if the contract remains in effect upon implementation. Allows out-of-state employers to fulfill the background check requirements by presenting proof of a criminal history records check that is comparable to one conducted by the TBI, meaning it must include a fingerprint-based criminal history records check conducted by the FBI. Specifies an employee does not have to submit to a new background check when transitioning to another school, board of education, or child care program as long as employment is continuous. Exempts the following entities: government personnel engaged in law enforcement, medical or emergency health services; utility personnel; delivery or pick-up service providers where services are scheduled and supervised; a person whose contract is for the performance of a service at a school-sponsored activity that is supervised. (HOUSE: HB 3076, McCord; Set for House Education K-12 Subcommittee 04/29/2008.) FISCAL NOTE: Dated: January 28, 2008 Minimal.	Set for Senate floor 04/29/2008.
Senate consent #2 -- Tuesday at 9:30 am -- Senate Chamber Please note TIME and DATE.
SB 3233 Burchett	EDUCATION: Cooperative career and technical training programs. Requires the state board for career and technical education to develop policies and guidelines for cooperative career and technical training programs that provide school-supervised and school-administered work experience and career exploration for students. Permits LEAs and public charter schools to operate such programs for students who are 14 years old or older upon approval of the state board for career and technical education. (HOUSE: HB 2891, Brooks, Harry; House passed 04/07/2008.) FISCAL NOTE: Dated: March 3, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant.	Set for Senate consent #2 04/29/2008.
SB 3537 Herron	FAMILY LAW: Foster care and other services provided by DCS. Clarifies the rights of foster parents, prospective adoptive parents, and relatives of a child in state custody to be notified of and heard at any hearing regarding the child. Requires juvenile-family crisis intervention services to certify, either through sworn testimony or in writing, any recommendation that court intervention is necessary. (HOUSE: HB 3144, DeBerry J.; House passed 04/07/2008.) FISCAL NOTE: Dated: February 21, 2008 Increase state revenue - not significant. Increase state expenditures - not significant. Increase local revenue - not significant. Increase local expenditures - not significant.	Set for Senate consent #2 04/29/2008.
House Education K-12 Subcommittee -- Tuesday at 9:30 am -- LP 16 Please note TIME and ROOM change. Subcommittee will meet immediately following Higher Education subcommittee. MEMBERS: Chair Towns (D), Vice Chair Montgomery (R), Brown (D), H. Brooks (R), Harwell (R), U. Jones (D), Maddox (D), McCormick (R), L. Turner (D), Winningham (D).
HB 1872 Hawk	EDUCATION: Virtual schools. Enacts the virtual public schools act to provide certain educational resources and opportunities to students via the Internet in a virtual or remote setting. (SENATE: SB 2008, Southerland; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: March 27, 2007 Increase state expenditures - $17,400,000. Increase local govt. expenditures - $17,400,000/permissive.	Set for House Education K-12 Subcommittee 04/29/2008.
HB 3074 McCord	EDUCATION: Cost-of-living adjustment added to local salary schedule. Requires each LEA to add a cost-of-living adjustment to its local salary schedule. Ties the cost-of-living adjustment to increases in the consumer price index. (SENATE: SB 3415, Johnson J.; Taken off notice in Senate Education 02/27/2008.) FISCAL NOTE: Dated: February 20, 2008 Increase local expenditures - $31,310,000.	Set for House Education K-12 Subcommittee 04/29/2008.
HB 3076 McCord	EDUCATION: Background checks for subcontractors working at schools. Makes subcontractors and people employed under subcontractors subject to criminal background checks when working on school or childcare facility grounds. Specifies that nothing in this part imposes a new duty of care or a new cause of action or basis for liability on any person, corporation or other entity under these provisions. AMENDMENT: Senate Commerce amendment 1 makes the bill and thereby removes the fiscal note. Specifies that this act governs any person, corporation or other entity who, on or after September 1, 2007, but prior to the effective date of this act, entered into or renewed an applicable contract with a school, local board of education or child care program if the contract remains in effect upon implementation. Allows out-of-state employers to fulfill the background check requirements by presenting proof of a criminal history records check that is comparable to one conducted by the TBI, meaning it must include a fingerprint-based criminal history records check conducted by the FBI. Specifies an employee does not have to submit to a new background check when transitioning to another school, board of education, or child care program as long as employment is continuous. Exempts the following entities: government personnel engaged in law enforcement, medical or emergency health services; utility personnel; delivery or pick-up service providers where services are scheduled and supervised; a person whose contract is for the performance of a service at a school-sponsored activity that is supervised. (SENATE: SB 2807, Woodson; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: January 28, 2008 Minimal.	Set for House Education K-12 Subcommittee 04/29/2008.
HB 4052 Towns	EDUCATION: Classroom expenditures. Requires LEAs to report to the board of education each fiscal year, beginning with fiscal year 2009-2009, the percentage of expenditures made on classroom expenditures district-wide and by school. Requires classroom expenditures to be at least 70 percent of the total operating expenditures both district-wide and by school by fiscal year 2012-2013 and to reach at least 90 percent by fiscal year 2016-2017. AMENDMENT: Senate amendment 3 rewrites this bill to require the comptroller and the commissioner of education to review the present budgeting and reporting process for education expenditures and report any recommendations for change to the house and senate education committees on or before January 1, 2009. (SENATE: SB 2931, Berke; Senate 04/24/2008 passed with amendment 3.) FISCAL NOTE: Dated: February 26, 2008 Increase state expenditures - $476,000. Increase local expenditures - $4,488,000. Other fiscal impact: LEAs will redirect funds to meet the new requirements for classroom expenditures. This will be done either by raising new revenue, cutting non-classroom expenditures, or a combination. The total expenditure redirection to meet the 70 percent requirement by FY12-13 is $956,888,300. The total expenditure redirection to meet 80 percent by FY14-15 is $4,671,164,700. The total expenditure redirection to meet 90 percent by FY16-17 is $15,813,993,700.	Set for House Education K-12 Subcommittee 04/29/2008.
House Education Committee -- Tuesday at 10:00 am -- LP 16 Please note TIME change. Committee will meet immediately following House Education K-12 subcommittee. MEMBERS: Chair Winningham (D), Vice Chair Brown (D), Secretary Towns (D), H. Brooks (R), Coley (R), B. Cooper (D), Gresham (R), Harwell (R), Hood (D), P. Johnson (R), U. Jones (D), Lollar (R), Maddox (D), McCormick (R), McDonald (D), Montgomery (R), L. Turner (D), Windle (D).
HB 0653 Winningham	EDUCATION: HOPE scholarship eligibility. Revises eligibility requirements for HOPE scholarships, ASPIRE awards, HOPE access grants. Sets amount of HOPE scholarship for 2007-2008 at $4,000 for full-time students at four-year institutions and $2,000 at two-year institutions. Sets amount of Wilder-Naifeh technical skills grant for 2007-2008 at $2,000. AMENDMENT: Senate Education amendment 2 rewrites the bill. Lowers the GPA from 3.0 to 2.75 through a student's junior year, at which time they must attain a 3.0 to maintain the HOPE scholarship, instead of having a GPA of at least 2.75 after their freshman year and a cumulative 3.0 GPA for subsequent years. Changes the income ceiling for non-traditional students from $36k to $39k; provides a Tennessee Teacher Quality fellowship; allows dependent children of the military who meet certain resident requirements to receive the scholarship; extends the 120 credit-hour limit to five years in order to accommodate any hours lost due to transfer, change of major, or in cases of majors requiring more than 120 hours of credit; requires the Tennessee HOPE Foster Child tuition grant to be the total cost of attendance, less any amounts received constituting gift aid; and creates a $1,000 Civic Education scholarship for students demonstrating exemplary community or government participation. Senate Finance amendment 1 specifies that the on July 1 of each fiscal year, funds shall be transferred from the lottery for education account to the Tennessee student assistance fund. Specifies that the transfer for fiscal year 2007-2008 shall not exceed $210,000,000. Specifies that the principal amount of the student assistance fund shall equal $200,000,000. Senate Finance amendment 2 makes a technical correction, changing "Section 49-9-937(b)" to "Section 49-4-937(b)." Clarifies language to include that "certificate" or "diploma" includes a credential, other than a degree, which indicates completion of training in a program of study offered by a community college operated by the boards of regents of the state university and community college system. Adds that the provisions of this act shall not be construed to be an appropriation of funds. House amendment 2 rewrites the bill. House amendment 2 rewrites the bill, increasing the amounts of the award for 2007-2008 as follows: from $3,800 to $4,000 for the HOPE scholarship for a four-year college; from $1,900 to $2,000 for the HOPE scholarship for a two-year college; and from $1,500 to $2,000 for the Wilder-Naifeh technical skills grant. Makes the award for a student attending a two-year institution the same as the amount for a four-year institution if the student resides in on-campus housing; changes the income limitation for ASPIRE awards, access grants and nontraditional scholarships from an adjusted gross income not exceeding $36,000 to an adjusted gross income not exceeding $45,000; provides for continuing eligibility for the HOPE scholarship being reviewed at the end of the academic year rather than when a student has attempted 24, 48, 72, 96 and 120 (if applicable) semester hours; changes the minimum GPA for continuing eligibility for a HOPE scholarship from "2.75 after 24 semester hours and 3.0 at the other benchmarks" to "2.75 at the end of any academic year"; allows the student would be able to regain the award at the end of any semester at which the student has a 2.75 GPA; terminates the HOPE award when the student receives a baccalaureate degree or when the student has been enrolled for five full-time equivalent years, whichever occurs first; changes the qualifying age for non-traditional students from 25 to 23; lowers from 24 semester hours to 12 semester hours the number of hours the nontraditional student must attend a postsecondary institution at his or her own expense in order to be eligible for the award, and requires that the student have a GPA of at least 2.75 at the end of the 12 semester hours in order to be eligible for the award. Permits a HOPE scholarship student to drop from full-time to part-time enrollment in one semester one time without loss of scholarship; makes provisions for students who are Tennessee citizens and the dependent child of a full-time religious worker serving in another nation; revises the provisions governing the HOPE teacher's scholarship to permit private school teachers to receive the scholarship under certain conditions; makes provisions for dependent children of members of the armed forces or Tennessee national guard; makes provisions for home-schooled students. (SENATE: SB 0611, Woodson; Set for Senate Finance, Ways & Means 04/30/2008.) FISCAL NOTE: Dated: April 1, 2007 Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $34,603,200 in FY07-08 and by $38,062,000 in FY08-09. There is included in the Governor's FY2007-08 Recommended Budget the amount of $9,300,000 from recurring lottery for education revenues for the increase in the base HOPE Scholars award levels. The amounts will increase from $3,800 to $4,000. at four-year schools and from $1,900 to $2,000 at two-year schools. Other awards, which are based on the HOPE award levels, will increase accordingly.	Set for House Education Committee 04/29/2008.
HB 4210 Winningham	EDUCATION: Lowers GPA to maintain HOPE scholarship from 3.0 to 2.75. Changes cumulative grade point average required to maintain TN Hope Scholarship to at least a 2.75 at the end of any semester in which eligibility is reviewed. (Current law requires at least 2.75 GPA at the end of the semester in which a student has attempted 24 semester hours and 3.0 GPA at the end of all semesters in which eligibility is reviewed.) Makes applicable to students whose eligibility is reviewed at the end of the 2007-2008 academic year and to all students applying thereafter. (Part of Administration Package.) AMENDMENT: Senate Education Lottery Scholarship amendment 1 requires a 2.75 GPA to qualify and maintain the scholarship, and further requires a 3.0 GPA at 72 hours. (SENATE: SB 4211, Burks; Senate Education Lottery Scholarship Subcommittee 03/06/2008 recommended with amendment. Returned to Senate Education.) FISCAL NOTE: Dated: February 26, 2008 On February 15, 2008, we issued a fiscal note for this bill with the following estimated impact: Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $7,091,100 in FY08-09 and by $17,484,300 in FY09-10. Based on new information provided by the Tennessee Higher Education Commission, the fiscal impact of this bill is estimated as follows: (CORRECTED) Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $17,468,100. in FY08-09 and by $17,816,300 in FY09-10.	Set for House Education Committee 04/29/2008.
HB 3488 Winningham	EDUCATION: Redefines eligible independent postsecondary institution. Expands definition of eligible independent postsecondary institution for lottery scholarship purposes to include regionally accredited schools with primary campus domiciled in Tennessee. (SENATE: SB 3440, Woodary 4, 2008 Increase Local expenditures - not significant.	Set for House Education Committee 04/29/2008.
HB 4088 Maddox	EDUCATION: Student alcohol or drug possession or use. Requires that a public institution of higher education notify the parent or legal guardian of a student under 21 years old if the student commits a disciplinary violation with respect to use or possession of alcohol or a controlled substance. (SENATE: SB 4108, Herron; Senate Education 04/16/2008 recommended. Sent to Calendar Committee.) FISCAL NOTE: Dated: February 8, 2008 Increase state expenditures - not significant.	Set for House Education Committee 04/29/2008.
House Finance, Ways & Means Committee -- Tuesday at 1:30 pm -- LP 16 MEMBERS: Chair Fitzhugh (D), Vice Chair Tindell (D), Secretary Shaw (D), Armstrong (D), Bone (D), Briley (D), H. Brooks (R), Brown (D), Coleman (D), Curtiss (D), L. DeBerry (D), Dunn (R), Harrison (R), Harwell (R), Hood (D), Maddox (D), McDaniel (R), L. Miller (D), Mumpower (R), Odom (D), Overbey (R), Pinion (D), Rinks (D), Roach (R), Sargent (R), Sontany (D), Vaughn (D), Williams (R).
HB 2471 Jones S.	EDUCATION: Training on appropriate use of restraints on students. Gives special education services associations the power to develop and provide training on the appropriate use of restraints and seclusion on special education students. AMENDMENT: Senate amendment 1, House Education amendment 1 rewrites the bill to define the terms "isolation" and "restraint"; compiles the suggestions of the study committee regarding the isolation and restraint of special education students; directs the board of education to promulgate rules and regulations regarding the use of isolation and restraint; and allows teachers to minimally and reasonably use physical guidance when necessary to transition students to an area of safety. (SENATE: SB 2609, Black; Senate 04/24/2008 passed with amendment 1.) FISCAL NOTE: Dated: January 21, 2008 Increase local gov't. expenditures - $50,000/permissive.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 2502 Jones S.	HEALTH CARE: Comprehensive public children's mental health service. Adds the development and implementation of a comprehensive public children's mental health service delivery system to the principles of the department of mental health and developmental disabilities. Broadly captioned. AMENDMENT: Senate amendment 1, House Health & Human Resources amendment 1 creates a Council on Children's Mental Health Care to design a plan for a statewide system of mental health care for children and develop a financial resource map and cost analysis of state and federal funded programs. Requires the Department of Mental Health and Developmental Disabilities (DMHDD), the Council of Juvenile and Family Court Judges, the Department of Education, and the Department of Health to assist the Council and requires DMHDD, the Department of Education, and the Department of Health to involve the Council in the development of interagency projects and programs related to children's mental health care. The Council will sunset on June 30, 2010. House Health & Human Resources amendment 2 creates a Council on Children's Mental Health Care to design a plan for a statewide system of mental health care for children and develop a financial resource map and cost analysis of state and federal funded programs. Requires the Department of Mental Health and Developmental Disabilities (DMHDD), the Council of Juvenile and Family Court Judges, the Department of Education, and the Department of Health to assist the Council and requires DMHDD, the Department of Education, and the Department of Health to involve the Council in the development of interagency projects and programs related to children's mental health care. The Council will sunset on June 30, 2010. Removes the Council's authority to promulgate rules and regulations to effectuate the purposes of the act and requires the Department of Health to assist the Council in developing a plan to establish demonstration sites. (SENATE: SB 2582, Burks; Senate 04/10/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 10, 2008 Minimal.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 2779 Cooper B.	EDUCATION: Art and music education in all K-12 public schools. Requires LEAs to include art and music education in all K-12 public schools, in conformity with an appropriate curriculum provided by the department of education. AMENDMENT: Senate amendment 1, House Education amendment 1 revises this bill to require the course of instruction for grades kindergarten through eight, instead of kindergarten through grade 12, to include art and music education. This amendment encourages LEAs to fully implement the art and music curriculum adopted by the state board of education, as well as integration into other core academic subjects, instead of requiring LEAs to provide art and music education curriculum as provided by the department of education. (SENATE: SB 2920, Marrero; Senate 04/24/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 18, 2008 Increase local expenditures - $6,185,100.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 3268 Maddox	EDUCATION: Administration of anti-seizure medications. Allows volunteer school personnel who have been properly trained by a registered nurse to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation in accordance with the student's individual health plan. AMENDMENT: House Education amendment 1 requires all students affected by this legislation to provide copies of an individual health plan to the school; requires anyone who volunteers to administer anti-seizure medication to have CPR training; and requires parents to report to the school any time anti-seizure medication as well as any over the counter medicine has been administered to the student, for documentation in the student's health record. Senate Education amendment 1 clarifies that administrators of this medication are obligated strictly on a volunteer basis; volunteers will receive formal training at no expense from the Epilepsy Foundation. Senate Education amendment 2, House Finance Budget Subcommittee amendment 1 requires the department of health to report back to the general assembly in two years to report on the incidents of diazepam administration by volunteers in the school systems, as well as on the current status of school nurses in the school systems. (SENATE: SB 2798, Woodson; Senate Education 04/16/2008 recommended with amendment.) FISCAL NOTE: Dated: March 4, 2008 Increase state expenditures - not significant. Increase local expenditures - $13,600.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 3606 Todd	CRIMINAL LAW: Authority of TBI investigators. Authorizes TBI investigators to conduct surveillance operations for the purpose of detecting criminal activity on the grounds of a public K-12 school or within five miles of such grounds. Authorizes an investigator witnessing a criminal act while in the process of surveillance to effectuate an arrest at that time if there appear to be an imminent threat of serious bodily injury or death to another. AMENDMENT: House Judiciary amendment 1, Senate amendment 1 authorizes TBI, without a request from the District Attorney General, to make investigations pertaining to victimization of children by means of a computer or other electronic communications device. (SENATE: SB 3408, Tate; Senate 04/21/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 27, 2008 Increase state expenditures - $1,065,500/one-time. $1,813,600/recurring. Decrease local expenditures - not significant.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 3802 Pitts	PROFESSIONS & LICENSURE: Revision of procedure for licensure of social workers. Rewrites the statutes governing social workers. Changes the name of the board of social worker certification and licensure to simply the "board of social worker licensure." Increases the board membership from seven to nine members to be made up of the governor's appointees. The nine members will include one member of the public not involved in social work and two of each of the following after the transitional period prescribed in the bill: licensed baccalaureate social workers, licensed masters social workers, licensed advanced practice social workers and licensed clinical social workers. Defines the aforementioned within the field of social work and the procedures for licensure as each. False representation by a person of being a certified social worker remains a Class A misdemeanor. Removes provisions governing "independent practitioners" as they will be replaced by or known as licensed clinical social workers. Broadly captioned. AMENDMENT: House Health & Human Resources amendment 1, Senate amendment rewrites the bill. Increases the board from nine to 11 members and specifies that the 10 practitioner members would consist of: two licensed baccalaureate social workers, two licensed master's social workers, three licensed advanced practice social workers, and three licensed clinical social workers. Revises the initial, staggered terms of board members to range from three to five years. Clarifies that a baccalaureate social worker may not practice privately or independently. Revises the provision for persons who graduated before 1980 practicing without examination to authorize such practice "until December 31, 2010" instead of "for 18 months after this bill's effective date". Requires the board to establish regulations for the issuance of temporary licenses to baccalaureate social workers who have a degree granted by a school that has applied for, but has not yet received CSWE accreditation. Removes the requirement that a Ph.D. be received from a CSWE-approved school. Provides for biennial, instead of annual, licensure renewal fees. Revises the grounds for negative action on a license to make as a ground " incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public". This amendment removes as a ground "having been judged mentally incompetent by a court of competent jurisdiction and the disabilities of such person not having been restored, or the voluntary commitment or admission to a state hospital or other mental institution". (SENATE: SB 2932, Harper; Senate 04/10/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 5, 2008 Increase state revenue - $61,100. Increase state expenditures - $7,500 / one-time. $53,600 / recurring.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 4066 Curtiss	INSURANCE HEALTH: Health group cooperatives. Authorizes the establishment of health group cooperatives formed for the purpose of obtaining insurance. Requires health group cooperatives to contain at least 1,000 eligible employees or have at least ten participating employers. Requires employers participating in the health group cooperative to commit to purchasing coverage through the cooperative for five years. Also requires health group cooperative to hold an open enrollment period at least once each year. Specifies other requirements for health group cooperatives. AMENDMENT: House Commerce amendment 1, Senate amendment 1 revises definition of "small employer" for purposes of this bill to include any person that during the preceding year employed no less than two and no more than 50 eligible employees. Specifies that the commissioner, rather than the director, is to promulgate the rules governing termination of participation in the health group cooperative by a small employer. Requires such rules to include, at a minimum, that "financial hardship" means the initiation of bankruptcy proceedings or dissolution of the employer. Specifies that at the cooperative's discretion, premiums may be paid to the health insurance plans by the cooperative or by member small employers. Removes language that allowed premiums to be paid to the health insurance plans by eligible employees and their dependents. Also removes requirement that health group cooperative is to establish procedures under which an applicant for, or participant in coverage, issued through the cooperative may have a grievance reviewed by an impartial person. (SENATE: SB 4014, Southerland; Senate 03/24/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 12, 2008 Increase state revenue - not significant. Increase state expenditures - $10,000 / one-time.	Set for House Finance, Ways & Means Committee 04/29/2008.
HB 2949 Lynn	GOVERNMENT REGULATION: Holders of licenses, certifications or registrations. Requires regulating entities to notify a holder of a license, certification, or registration of existing applicable laws and changes in applicable laws. Adds policies, in addition to statutes, rules and regulations to the requirement for notification. AMENDMENT: Senate Commerce amendment 1, House Government Operations amendment 1 requires each agency to be notified of any changes in state law that impact such holder and are implemented or enforced by such entity including newly promulgated rules or guidelines upon each renewal of the holder's license, certification or registration. (SENATE: SB 3175, Johnson J.; Senate deferred to 05/01/2008.) FISCAL NOTE: Dated: January 28, 2008 Increase state revenue - $220,900. Increase state expenditures - $364,200.	Set for House Finance, Ways & Means Committee 04/29/2008.
Senate Judiciary Committee -- Tuesday at 2:30 pm -- LP 12 FINAL CALENDAR. Please note TIME change. MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Woodson (R), Black (R), Kyle (D), Marrero (D), Norris (R), Stanley (R), Wilder (D).
SB 0781 Bunch	CRIMINAL LAW: Death threat against school employee or student. Establishes a Class A misdemeanor offense for person communicating death threat concerning a school employee or student. AMENDMENT: House Judiciary amendment 1 re-writes the bill to create a class A misdemeanor offense for knowingly delivering or conveying a death threat to a public servant. House Judiciary amendment 2 limits the penalty for a minor's first offense to a $1000 fine, 14 days of community service or both. (HOUSE: HB 0583, DuBois; Referred to House Calendar & Rules.) FISCAL NOTE: Dated: March 12, 2007 Increase local govt. revenues - not significant. Increase local govt. expenditures - not significant.	Set for Senate Judiciary Committee 04/29/2008.
SB 3347 Black	FAMILY LAW: Office of noncustodial parent advocacy. Requires the administrative office of the courts to establish and implement the office of noncustodial parent advocacy pilot project to provide assistance to unwed noncustodial parents in obtaining visitation rights to their children. Requires pilot project to be implemented in all juvenile courts and all courts exercising juvenile court jurisdiction in at least one county within each of the state's three grand divisions. AMENDMENT: House Children & Family Affairs Committee amendment 1, Senate Government Operations committee amendment 1 restricts the provision only to Shelby County. (HOUSE: HB 2970, Hardaway; House Finance Budget Subcommittee 04/23/2008 set behind budget.) FISCAL NOTE: Dated: February 14, 2008 Increase state expenditures - $1,000,000 fy 2009 - fy 2012. Increase local revenue - not significant. Increase local expenditures - not significant.	Set for Senate Judiciary Committee 04/29/2008.
SB 2909 Marrero	FAMILY LAW: Termination of parental rights. Requires a guardian ad litem be appointed when a petition for termination of parental rights is filed. Clarifies that any contested hearing at any stage of a termination of parental rights hearing, including visitation hearings, is not open to the public and media, unless upon agreement by all parties, the child's guardian ad litem and upon court approval and order. (HOUSE: HB 2820, Jones S.; Set for House Children & Family Affairs Committee 04/30/2008.) FISCAL NOTE: Dated: March 2, 2008 Increase state expenditures - $172,000/indigent defense fund.	Set for Senate Judiciary Committee 04/29/2008.
SB 2911 Marrero	FAMILY LAW: Focus of services provided by DCS. Replaces language that specifies that the focus of the services provided by the department of children's services is to preserve the relationship between the child and the family with language that specifies the focus of the services provided is to further the best interest of the child. AMENDMENT: House amendment 1 changes the focus of the services from "preserving the relationship between the child and family" to "furthering the best interest of the child, and when appropriate, preserving the relationship between the child and family." (HOUSE: HB 2622, Jones S.; House 04/10/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 18, 2008 Increase state expenditures - not significant.	Set for Senate Judiciary Committee 04/29/2008.
SB 2924 Marrero	FAMILY LAW: Guidelines for the appointment of guardians at litem. Creates guidelines for the appointment of guardians ad litem and attorneys ad litem in divorce and child custody proceedings; outlines the duties and authority granted to the guardian ad litem and attorney ad litem in regards to the child. AMENDMENT: House Family Justice Subcommittee amendment 1, as amended, defines guardian ad litem (GAL) and attorney ad litem (AAL) and differentiates their functions. Requires a prima facie showing of need for any GAL appointment, as well as an explanation of duty, scope, duration and rate of the prospective GAL. Requires GALs to provide a written case report to each attorney in the case and requires GAL to be available for cross-examination. Makes technical and editorial changes which do not affect the intent of the legislation. (HOUSE: HB 2904, Jones S.; Set for House Children & Family Affairs Committee 04/30/2008.) FISCAL NOTE: Dated: March 24, 2008 On March 2, 2008, we issued a fiscal note on this bill indicating an increase in state revenue exceeding $4,000,000 to the Indigent Defense Fund and an increase in state expenditures exceeding $4,000,000 to the Indigent Defense Fund. Based on further analysis, the fiscal impact of the bill is as follows: (CORRECTED) Increase state expenditures - exceeds $4,000,000 / indigent defense fund.	Set for Senate Judiciary Committee 04/29/2008.
SB 3219 Marrero	FAMILY LAW: Child abuse information - release of confidential records. Requires the department of children's services to release to members of the general assembly certain records pertaining to children and families receiving services when a member is contacted by someone involved in the report. Requires written authorization of the subject of the report or the subject's parent or guardian. Prohibits the release of personal identifying information. AMENDMENT: House amendment 1 rewrites the bill to revise the law governing the confidentiality of Department of Children's Services' records and establishes guidelines for the release of these records. The department may release such records to any non-offending party or legal guardian and such information may be provided by the parent or legal guardian to any member of the general assembly as may request it. The department shall release information in the following circumstances: to any child abuse review teams or child fatality review teams that are created or authorized by state law to review the activities of the department or to evaluate or investigate the cause of injury to or death of a child; to any grand jury or court upon presentation of an appropriate court order; to any federal, state or local government entity or agent of such entity that has a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect; to any member of the general assembly. Requires the department to provide for the public disclosure of information about any case that results in a child fatality. Requires that the release of health care information must be consistent with the laws and policies of the departments of health and mental health and developmental disabilities. Declares that any person or entity, including any state or local governmental entity or agent of such entity, provided access to records or information will be required to maintain such records or information in accordance with this section and other state federal laws regarding confidentiality. (HOUSE: HB 2469, Jones S.; House 04/24/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 15, 2008 Increase state expenditures - not significant.	Set for Senate Judiciary Committee 04/29/2008.
SB 3221 Marrero	FAMILY LAW: Access to records on child abuse and child sexual abuse. Grants persons who are the subject of a department report, in regards to child abuse or sexual child abuse, along with their parents or guardians to obtain copies of the records. Requires the department to edit the records to protect the identity of the reporter or any such parties whose life or safety may be endangered by the disclosure. AMENDMENT: House Judiciary amendment 1 declares that if a school teacher or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be victim of child abuse or child sexual abuse, and that such abuse occurred on school grounds or while the child was under the supervision or care of the school, the principal or other person designated by the school shall verbally notify the parent or legal guardian of such child within 24 hours from the time the school, school teacher, school official or other school personnel reports such abuse to the department of children's services, judge or law enforcement. Such notice shall not be sent to any parent or legal guardian if there is reasonable cause to believe that such parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse. Once notice is sent, the principal or other designated person shall provide such parent or legal guardian all school information and records relevant to the alleged abuse or sexual if requested by the parent or legal guardian, provided such information is edited to protect the confidentiality of the person who made the report, any other person whose life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal law. (HOUSE: HB 3162, Jones S.; House Government Operations 04/22/2008 recommended. Sent to House Calendar & Rules.) FISCAL NOTE: Dated: February 10, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant.	Set for Senate Judiciary Committee 04/29/2008.
SB 4143 Kyle	CRIMINAL LAW: Interstate Compact for Juveniles. Rewrites the Interstate Compact for Juveniles and creates the Interstate Commission for Juveniles. Specifies membership, powers and duties of commission. (25 pp.) (Part of Administration Package.) (HOUSE: HB 4099, Richardson; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: March 6, 2008 Increase state expenditures - $17,000.	Set for Senate Judiciary Committee 04/29/2008.
House State & Local Government Committee -- Tuesday at 3:00 pm -- LP 16 MEMBERS: Chair U. Jones (D), Vice Chair Yokley (D), Secretary Moore (D), Bibb (D), Coley (R), Dean (R), Eldridge (R), Hensley (R), C. Johnson (R), Litz (D), Matlock (R), McManus (R), Miller (D), Pitts (D), Pruitt (D), Rinks (D), Strader (R), Tindell (D), Todd (R), West (D).
HB 2959 DeBerry J.	CORRECTIONS: Society plan for incarcerated prisoners. Requires the department of correction to develop and implement a multi-agency plan to prepare and enhance the successful reentry of nonviolent offenders into the community. (SENATE: SB 3206, Berke; Taken off notice in Senate State & Local Government 03/18/2008.) FISCAL NOTE: Dated: February 24, 2008 Increase state expenditures - $137,800. Oversight Corrections Committee comment: While it is important to better coordinate offender reentry among relevant stakeholders, securing an agreed upon plan such as what is cited above would be logistically very difficult. Further, it is not clear who the board of supervisors may be. The bill also authorizes TDOC to enter into an agreement with three counties to implement and provide funding for such an endeavor. However, the bill does not indicate how the funding would take place.	Set for House State & Local Government Committee 04/29/2008.
Wednesday, April 30, 2008
House Children & Family Affairs Committee -- Wednesday at 8:30 am -- LP 16 FINAL MEETING. MEMBERS: Chair J. DeBerry (D), Vice Chair S. Jones (D), Secretary Richardson (D), K. Brooks (R), Brown (D), Camper (D), Casada (R), B. Cooper (D), Favors (D), Floyd (R), Hill (R), Kelsey (R), Maddox (D), Rowland (R), Shaw (D), M. Turner (D), Vaughn (D).
HB 3937 Jones S.	GOVERNMENT ORGANIZATION: Abolishes juvenile records task force. Abolishes juvenile records task force after the task force submits its final findings and recommendations to general assembly and governor, not later than May 1, 2008. AMENDMENT: Senate Government Operations amendment 1 makes the bill. Requires the fingerprint cards of juvenile arrestees be delivered to the juvenile court for transmittal to the Tennessee Bureau of Investigation (TBI) or in tandem with the R-84 Disposition Cards in certain circumstances. Authorizes the release of records for employment or licensing purposes pertaining to a juvenile who has been adjudicated delinquent for certain offenses. Requires the juvenile court to inform the juvenile of the potential release of records. Revises law enforcement agency requirements to destroy juvenile records. (SENATE: SB 4030, Burks; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: February 12, 2008 Decrease state expenditures - $3,300. Decrease local expenditures - $1,800.	Set for House Children & Family Affairs Committee 04/30/2008.
House Government Operations Committee -- Wednesday at 9:30 am -- LP 16 Please note TIME and ROOM change. MEMBERS: Chair Kernell (D), Vice Chair B. Cooper (D), Secretary Vacant, Bell (R), Camper (D), Campfield (R), Casada (R), J. Cobb (R), L. DeBerry (D), Hardaway (D), Lynn (R), Mumpower (R), Odom (D), Richardson (D), Rinks (D), Swafford (R).
HB 3161 DeBerry J.	FAMILY LAW: Parental consent required - child sexual abuse prevention. Requires that child care agencies obtain written parental consent before providing any instruction on personal safety related to the prevention of child sexual abuse. AMENDMENT: Senate amendment 1 replaces the term "specific" with the term "sample", so as not to restrict child care providers from creating their own curriculum. Senate amendment 2 clarifies that the guardian must be a legal guardian. House Health & Human Resources amendment 1 requires the Department of Human Services to provide a curriculum guideline in any suitable format addressing personal safety containing a component related to the prevention of child sexual abuse to licensed child care providers and develop a standard notification form of this curriculum. Requires the personal safety curriculum implemented by the child care provider be provided to parents and legal guardians for review. (SENATE: SB 3419, Johnson J.; Senate 02/13/2008 passed with amendment 2.) FISCAL NOTE: Dated: January 29, 2008 Increase state expenditures - not significant.	Set for House Government Operations Committee 04/30/2008.
Senate Government Operations -- Wednesday at 10:30 am -- LP 12 FINAL CALENDAR. Please note TIME change. MEMBERS: Chair Harper (D), Vice Chair Marrero (D), Secretary O. Ford (D), Bunch (R), Crowe (R), J. Johnson (R), Stanley (R), Watson (R), Williams (I).
SB 3633 Harper	GOVERNMENT ORGANIZATION: Creation of the department of juvenile justice. Creates the department of juvenile justice and provides for the appointment by the governor of a commissioner of juvenile justice. Sets out the powers and duties of the commissioner and the department. These include administering all state programs relating to juvenile justice. Creates youth development centers for the detention, treatment, rehabilitation and education of delinquent children. The centers are to be run by superintendents appointed by the commissioner.(21 pp.) (HOUSE: HB 2908, Jones S.; Taken off notice in House Children & Family Affairs 04/09/2008.) FISCAL NOTE: Dated: March 6, 2008 Increase state expenditures - $12,000,000/one-time. $3,040,000/recurring. Other fiscal impact - There will be a transfer of expenditures from the Department of Children's Services to the created Department of Juvenile Justice reflecting the transfer of positions and operation of five youth development centers and nine community treatment centers. Such is estimated to be $84,957,100.	Set for Senate Government Operations 04/30/2008.
House Finance, Ways & Means Budget Subcommittee -- Wednesday at 11:00 am -- LP 29 MEMBERS: Chair Tindell (D), L. DeBerry (D), Fitzhugh (D), Armstrong (D), Harrison (R), McDaniel (R), Odom (D), Overbey (R), Rinks (D), Roach (R), Shaw (D).
HB 2571 Curtiss	WORKERS COMPENSATION: AMA Guides - which edition to use. Changes definition of "AMA Guides" to require use of Fifth Edition for impairment ratings. Current law requires use of most recent edition on Jan. 1 of year following its release, which would be Sixth Edition. AMENDMENT: Senate Commerce amendment 1, House Consumer & Employee Affairs amendment 1 rewrites the bill. Replaces the current definition of "AMA Guides" as such definition applies to workers' compensation with language requiring the edition is in effect on the date the injury takes place to be applicable to any resulting claim. (Current law states that such guide is the most recent edition of the "American Medical Association Guides to the Evaluation of Permanent Impairment".) Authorizes the commissioner of labor and workforce development to determine the effective date of new guides. Senate Commerce amendment 2, House Consumer & Employee amendment 2 requires the commissioner to evaluate the guidelines within six months or report to Workers' Compensation Advisory Council and Joint Oversight Committee on Workers' Compensation if he cannot do so within allotted time. (SENATE: SB 2650, Ketron; Senate deferred to 05/01/2008.) FISCAL NOTE: Dated: January 28, 2008 On January 28, 2008 we issued a fiscal note on this bill which indicated an increase in state expenditures exceeding $100,000. The corrected fiscal impact is: (CORRECTED) Increase state expenditures - exceeds $100,000. Increase local gov't. expenditures - exceeds $100,000. (CORRECTED - April 7, 2008 - with Senate Commerce amendments 1 & 2) Increase state expenditures - not significant. Workers' Compensation Advisory Council comment: the sponsor's proposed amendment may need to be clarified relative to which edition of the AMA guidelines will be used and the implementation date.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 2651 Hackworth	EDUCATION: State-funded transportation to schools in hazardous areas. Requires an LEA to conduct a safety survey of the area one and a half miles around a school upon the written request of a student's parent. If the area is found to contain hazards (no sidewalks, four-lane highways, abundance of sexual offenders), the LEA must submit findings to the commissioner of transportation who will then provide state-funded transportation for the students if the commissioner does not reject the findings within 60 days of the submission. AMENDMENT: Senate Education, House Education amendment 1 makes the bill and encourages LEAs to assess the safety of the walking routes and report the results to TDOT. (SENATE: SB 3080, McNally; Set for Senate floor 04/29/2008.) FISCAL NOTE: Dated: February 22, 2008 Increase state expenditures - $6,737,000. Increase local expenditures - $21,400,000/one-time. $5,610,000/Net recurring.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 0941 Maggart	HEALTH CARE: Pilot project for home and community-based care. Authorizes the commission on aging and disability to develop a five-year home and community-based care pilot project in no more than six counties in the state. AMENDMENT: Senate General Welfare amendment 1, House Health & Human Resources amendment 1 requires the Commission on Aging and Disability to develop a three year pilot program to allow individuals and their families to direct their own home and community based care services. (SENATE: SB 1157, Black; Senate General Welfare 02/13/2008 recommended with amendment. Sent to Senate Finance, Ways & Means.) FISCAL NOTE: Dated: March 1, 2007 Increase state expenditures - exceeds $400,000.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 2418 Moore	EDUCATION: Helping Heroes Act of 2008. Establishes the "Helping Heroes Grant" to provide financial assistance from net proceeds of the state lottery to honorably discharged veterans who served in Iraq or Afghanistan and who are enrolled in eligible postsecondary institutions. AMENDMENT: Senate Education amendment 1, House Education amendment 1 removes language subjecting funds for Helping Heroes Grant to any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery. Adds language creating the "Tennessee Helping Heroes Scholarship Fund" within the state treasury. Specifies that an amount no less than $25,000,000 shall be transferred from the lottery for education account to the Tennessee Helping Heroes scholarship fund on July 1, 2008, with $25,000,000 becoming the principal amount from such fund. Requires TSAC to award Helping Heroes Grants each year on a first come, first served basis until either all applicants have received grants or the excess amount over the fund has been expended, whichever occurs first. Requires the comptroller to review the Tennessee Helping Heroes scholarship program in the fifth year of the program and every four years thereafter. (SENATE: SB 2397, Kyle; Set for Senate Finance, Ways & Means 04/30/2008.) FISCAL NOTE: Dated: January 17, 2008 Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $6,310,000. in FY08-09 and by $5,711,000 in FY09-10.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 1883 Overbey	HEALTH CARE: Assisted outpatient treatment. Authorizes director of a hospital or facility licensed by the department to direct and supervise assisted outpatient treatment programs as an alternative form of mandatory outpatient treatment. Establishes criteria for ordering a patient to receive such treatment; establishes procedure for filing and hearing of petitions for order authorizing assisted outpatient treatment. Directs department to prepare educational and training materials on this section and to establish mental health training programs for court personnel. This bill is sometimes referred to as "Kendra's Law" as it has been passed under this name in other states. AMENDMENT: Senate General Welfare amendment 1, House Health & Human Resources rewrites the bill. Authorizes a two year pilot program for Knox, Blount, and Anderson Counties for 100 dual-diagnosis adults. (SENATE: SB 1269, Burchett; Senate General Welfare 04/02/2008 recommended with amendment. Sent to Senate Finance, Ways & Means.) FISCAL NOTE: Dated: April 1, 2007 Increase state expenditures - exceeds $1,000,000.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 4099 Richardson	CRIMINAL LAW: Interstate Compact for Juveniles. Rewrites the Interstate Compact for Juveniles and creates the Interstate Commission for Juveniles. Specifies membership, powers and duties of commission. (25 pp.) (Part of Administration Package.) (SENATE: SB 4143, Kyle; Set for Senate Judiciary Committee 04/29/2008.) FISCAL NOTE: Dated: March 6, 2008 Increase state expenditures - $17,000.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 3418 Shaw	EDUCATION: LEAs may refuse to enroll confirmed gang members. Authorizes LEAs to refuse to enroll or to continue the enrollment of a student 18 years of age or older who is a known gang member. Requires a school board to allow law enforcement to investigate gang membership if a student denies involvement, and requires an opportunity be given for the student to be heard. Allows the board to assign such a student to an alternative school, and prohibits the use of this legislation against those eligible for or receiving special education. AMENDMENT: Senate Education amendment 1, House Education amendment 1 requires each LEA to evaluate annually the threat by gang members, and to implement Gang Awareness education when a threat is found and as a regular part of the curriculum in both elementary and middle school grades. (SENATE: SB 2554, Tate; Recalled from Senate Calendar. Referred to Senate Finance, Ways & Means.) FISCAL NOTE: Dated: January 24, 2008 Increase local gov't. expenditures - not significant/permissive.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 4048 Towns	TRANSPORTATION VEHICLES: Denial of driver license for lack of high school diploma. Authorizes the department of safety to deny a motor vehicle driver license or instruction permit to anyone under the age of 21 who at the time of application cannot present proof of graduation from high school. Allows proof of GED or current attendance in a GED or high school program to satisfy application requirements. (SENATE: SB 3711, Tate; Senate Education deferred to 03/12/2008.) FISCAL NOTE: Dated: February 28, 2008 Decrease state revenue - not significant. Increase state expenditures - $10,500/one-time.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 3123 Cooper B.	EDUCATION: Pilot program with high school career/technical ed. classes. Requires the board of education in consultation with the department of labor & workforce development to implement a three-year pilot program in each grand division that provides evening classes in career and technical education for high school students. AMENDMENT: House Education amendment 1 makes the bill, and changes the term of the pilot program to one year rather than three; offers the classes to adults rather than high school students, in one location rather than one in each grand division; and removes the responsibility from the state board of education, replacing it with the state board of regents. (SENATE: SB 3451, Marrero; Taken off notice in Senate Education 04/14/2008.) FISCAL NOTE: Dated: February 18, 2008 Increase state expenditures - $147,900/fy08-09, fy09-10, fy10-11. Increase local expenditures - $69,800/fy08-09, fy09-10, fy10-11. A more precise cost estimate is not possible because the State Board of Education has not provided any information to assist in the preparation of this fiscal note.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 2492 Fincher	TENNCARE: State's right of subrogation regarding medical assistance. Requires the bureau of TennCare to respond within 30 days to a plaintiff's attorney inquiry concerning a subrogation interest of the state or the state's claim is waived. (SENATE: SB 3226, Berke; Referred to Senate General Welfare, Health & Human Resources.) FISCAL NOTE: Dated: February 29, 2008 Increase state expenditures - $23,000/one-time. $439,300/recurring. Other fiscal impact - Increase federal expenditures - $23,000/one-time. $439,300/recurring.	Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.
HB 2948 Lynn	GOVERNMENT REGULATION: Limits businesses to be regulated by the general assembly. Limits new proposals to regulate a business by the general assembly to those that

TCA Legislative Calendar, April 28-May 2, 2008

Monday, April 28, 2008

House floor -- Monday at 4:00 pm -- House Chamber

Tuesday, April 29, 2008

House Health & Human Resources Committee -- Tuesday at 9:00 am -- LP 16

House Higher Education Subcommittee -- Tuesday at 9:15 am -- LP 16

Senate General Welfare -- Tuesday at 9:20 am -- Well, Senate Chamber

Senate floor -- Tuesday at 9:30 am -- Senate Chamber

Senate consent #2 -- Tuesday at 9:30 am -- Senate Chamber

House Education K-12 Subcommittee -- Tuesday at 9:30 am -- LP 16

House Education Committee -- Tuesday at 10:00 am -- LP 16

House Finance, Ways & Means Committee -- Tuesday at 1:30 pm -- LP 16

Senate Judiciary Committee -- Tuesday at 2:30 pm -- LP 12

House State & Local Government Committee -- Tuesday at 3:00 pm -- LP 16

Wednesday, April 30, 2008

House Children & Family Affairs Committee -- Wednesday at 8:30 am -- LP 16

House Government Operations Committee -- Wednesday at 9:30 am -- LP 16

Senate Government Operations -- Wednesday at 10:30 am -- LP 12

House Finance, Ways & Means Budget Subcommittee -- Wednesday at 11:00 am -- LP 29