Legislation Reprot

TCA Legislative Report, April 21-24, 2008 Monday, April 21, 2008
House floor -- Monday at 4:00 pm -- House Chamber
HB 2661 Hackworth	TORT LIABILITY: 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. AMENDMENT: 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: SB 2636, McNally; Senate 02/21/2008 passed with amendment.) FISCAL NOTE: Dated: January 23, 2008 Minimal.	House 04/21/2008 passed with amendments 1 & 2.
Senate floor -- Monday at 5:00 pm -- Senate Chamber
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.
SB 2931 Berke	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. (HOUSE: HB 4052, Towns; Set for House Education K-12 Subcommittee 04/29/2008.) 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.	Senate 04/24/2008 passed with amendment 3.
SB 3408 Tate	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. (HOUSE: HB 3606, Todd; Set for House Finance, Ways & Means Committee 04/29/2008.) FISCAL NOTE: Dated: February 27, 2008 Increase state expenditures - $1,065,500/one-time. $1,813,600/recurring. Decrease local expenditures - not significant.	Senate 04/21/2008 passed with amendment 1.
SB 2765 Burks	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. (HOUSE: HB 2719, Fincher; House 03/13/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 14, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant.	Set for Senate floor 04/29/2008.
Senate consent 2 -- Monday at 5:00 pm -- Senate Chamber
SB 2653 Tracy	EDUCATION: Random drug testing of students. Authorizes the use of random drug testing on students participating in voluntary extracurricular activities. AMENDMENT: House Education amendment 1 adds to the provisions a three-year study to test the effectiveness of the random drug testing of students involved in extracurricular activities. (HOUSE: HB 2858, Winningham; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: January 24, 2008 Increase local gov't. expenditures - exceeds $100,000/permissive.	Senate passed 04/21/2008.
SB 3282 Tracy	EDUCATION: Grants for career and technical education. Allows funds generated by the career and technical education components of the state funding formula to be used to match funds appropriated and paid over by the federal government for the same purpose. Requires that any additional funds appropriated for career and technical education beyond the funds available through the Tennessee BEP for career and technical education be used to provide a system of grants to improve and enhance career and technical education to be monitored by the department of education. Requires the three grant programs to be structured in the following manner: annual grants to each LEA that provides a program of career and technical education, competitive grants awarded by the department to LEAs to provide funding for the implementation and enhancement of such programs, and grants awarded by the department to public four year institutions of higher education for research in career and technical education. Requires the commissioner of education to report annually to the speakers of both houses and education committees. (HOUSE: HB 2976, Winningham; House passed 04/03/2008.) FISCAL NOTE: Dated: February 28, 2008 Increase state expenditures - not significant.	Senate passed 04/21/2008.
SB 3301 Burks	EDUCATION: Report on effectiveness of pilot after school programs. Requires the department of education and the Tennessee higher education commission to report on the effectiveness of the pilot after school programs. (HOUSE: HB 3315, Brown; Taken off notice in House Higher Education Subcommittee 03/12/2008.) FISCAL NOTE: Dated: February 14, 2008 Increase state expenditures - not significant.	Senate passed 04/21/2008.
SB 3304 Burks	EDUCATION: Tuition waiver for children of prisoners of war, MIAs. Extends tuition waiver at public colleges and universities for dependent children of prisoners of war, MIAs, and soldiers killed during periods of armed conflict to dependent children under 23, instead of under 21 years of age. (HOUSE: HB 3317, Brown; House passed 03/10/2008.) FISCAL NOTE: Dated: January 24, 2008 Increase state expenditures - not significant.	Senate passed 04/21/2008.
SB 3440 Woodson	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. (HOUSE: HB 3488, Winningham; Set for House Education Committee 04/29/2008.) FISCAL NOTE: Dated: January 23, 2008 Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by an amount considered not significant.	Senate passed 04/21/2008.
SB 4012 Black	FAMILY LAW: Resource mapping of funds used to support children. Requires Tennessee Commission on Children and Youth to design and oversee a resource mapping of all federal and state funding sources and streams that support the health, safety, permanence, growth, development, and education of children in Tennessee. (HOUSE: HB 3936, Jones S.; House Finance Budget Subcommittee 03/26/2008 set behind budget.) FISCAL NOTE: Dated: February 25, 2008 On February 10, 2008, we issued a fiscal note on this bill indicating an increase in one-time. state expenditures of $55,200 and recurring. state expenditures of $189,800. Based on additional information provided by the Commission on Children and Youth, the fiscal impact of the bill is as follows: (CORRECTED) Increase state expenditures - $99,900/fy09 $88,300/fy10 and subsequent years.	Senate passed 04/21/2008.
SB 4072 Ketron	EDUCATION: Grants for civic education programs. Requires department of education to establish, administer, and monitor a grant for eligible non-profit organizations providing civic education programs. (HOUSE: HB 4095, Coley; Set for House Government Operations Committee 04/30/2008.) FISCAL NOTE: Dated: February 22, 2008 Increase state expenditures - $95,000/one-time.	Senate passed 04/21/2008.
SB 4153 Kyle	HEALTH CARE: Testing of patients for hepatitis B and AIDS. Specifies that if an employee of an inpatient mental health facility, a student studying at such facility or other health care provider that renders services at such facility is exposed to the blood or other bodily fluid of a patient then the facility can require that the patient's blood be tested for hepatitis B and HIV. Under current law, this provision only applies to health care facilities. (Part of Administration Package.) (HOUSE: HB 4109, Shepard; House passed 03/20/2008.) FISCAL NOTE: Dated: February 23, 2008 Increase state expenditures - not significant.	Senate passed 04/21/2008.
Senate message -- Monday at 5:00 pm -- Senate Chamber
SB 2001 Norris	TORT LIABILITY: Health care liability action. Replaces the term "medical malpractice" with "health care liability action" throughout Tennessee Code Annotated. Also revises provisions concerning damages, expert testimony, attorney fees, and other matters in such actions. AMENDMENT: House amendment 4 rewrites the bill. Requires person asserting a claim for medical malpractice to give written notice to each health care provider 60 days before filing complaint. Notice shall include actual written notice to the health care provider or notice by certified mail, return receipt requested. The pleadings shall state whether each party has complied with the notice provision and shall provide evidence as the court may require. Allows the court's discretion in compliance with this section. Notice shall toll the applicable statute of limitations and repose to and including a period of 90 days and apply to all parties and potential parties. Allows 30 days to receive medical records. Requires the plaintiff or plaintiff's counsel to file a certificate of good faith within 90 days after filing a complaint in which expert testimony is required stating that they have consulted with an expert who has provided a signed written statement that expresses a belief based on information reviewed that there is a good faith basis to maintain the lawsuit. Requires the defendant or defendant's counsel to file a certificate of good faith within 30 days after alleging in an answer that another, whether already a party to the action or not, is at fault and expert testimony is required stating that they consulted with an expert who has provided a signed written statement that expresses a belief based on information reviewed that there is a good faith basis to allege fault against another. Failure of a plaintiff to file a certificate of good faith shall, upon motion, make the action subject to dismissal with prejudice. Failure of a defendant to file a certificate of good faith alleging the fault of another, shall, upon motion, make such allegations subject to being stricken with prejudice, unless plaintiff consents to waive compliance. If a party prevails on the basis of the failure of an opposing party to offer competent expert testimony, the court may compel the opposing party to provide a copy of each expert's signed written statement relied upon in executing the certificate of good faith. The court may compel the experts to provide testimony under oath through answers to written interrogatories to determine compliance by a party or party's counsel with this section. If the court determines that a certificate of good faith was filed under false pretenses, the court shall award sanctions against the attorney or party. Eliminates the locality rule for expert testimony; allows the recognized standard of acceptable professional practice in the defendant's profession at the time the injury occurred. Administrative Office of the Courts shall develop a certificate of good faith form when this act becomes law. Notice provisions shall take effect January 1, 2008, but shall not apply to actions filed on or before March 1, 2008. For all other purposes, this act shall take effect January 1, 2008. Senate amendment 1 makes the bill. Requires early certification; a written statement from experts confirming there is a good faith basis for the action; streamlines disclosure of medical records; allows 30 days to receive medical records; outlines procedures to give notice of a claim; failure to file certificate of good faith subjects the action to dismissal with prejudice; if court finds action filed in bad faith, sanctions shall be awarded against attorney or the complaining party. House Judiciary Civil Practice subcommittee amendment 1 re-writes the bill providing procedures to give written notice of medical malpractice claims to health care providers. Requires notice to be made 60 days before the filing of a complaint. Allows 30 days to receive medical records. Provides for the filing of a certificate of good faith. Failure to file certificate of good faith subjects the action to dismissal with prejudice. Requires sanctions if court finds action filed in bad faith. Requires sanctions to be awarded against attorney or complaining party for violations of the act. (HOUSE: HB 1993, Overbey; House 04/03/2008 passed with amendment 4.) FISCAL NOTE: Dated: February 26, 2007 Other fiscal impact - If malpractice insurance premium rates are reduced, the TennCare program and the state health insurance plan could experience more moderate cost increases in the long term.	Senate 04/24/2008 concurred in House amendment 4.
Tuesday, April 22, 2008
House Calendar & Rules Committee -- Tuesday at 8:00 am -- LP 16 MEMBERS: Chair Miller (D), Vice Chair Hood (D), Secretary Vaughn (D), Armstrong (D), Bone (D), Brown (D) Buck (D), Casada (R), Coleman (D), Curtiss (D), J. DeBerry (D), L. DeBerry (D), Fitzhugh (D), U. Jones (D), Kernell (D), Maddox (D), McDaniel (R), McDonald (D), Mumpower (R), Naifeh (D), Odom (D), Overbey (R), Pinion (D), Rinks (D), Winningham (D).
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 2469 Jones S.	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. (SENATE: SB 3219, Marrero; Set for Senate Judiciary Committee 04/29/2008.) FISCAL NOTE: Dated: February 15, 2008 Increase state expenditures - not significant.	House 04/24/2008 passed with amendment 1.
HB 2662 Hackworth	JUDICIARY: Testimonial privilege - critical incident stress management. Prohibits critical incident stress management team participants from being required to testify about such incident, unless there exists danger to another, child abuse or neglect, or a criminal act or the individual who received help gives consent, voluntarily testifies, or is deceased. AMENDMENT: Senate Judiciary amendment 1, House amendment 1 provides confidentiality for communications between a critical incident stress management team member or team leader and a group participant in a crisis intervention. Establishes a testimonial privilege for a critical incident stress management team member, team leader, or group participants providing or participating in crisis intervention with a firefighter, law enforcement officer, EMT or rescue squad member. The testimonial privilege will not apply if: (1) the communication or advice indicates clear and present danger to the individual who receives crisis response services or to any other person; (2) the communication indicates the existence of present or past child abuse or neglect of the individual; (3) the individual who received crisis response services gives express consent to the testimony; (4) the individual who received crisis response services is deceased, and the surviving spouse or the executor or administrator of the estate of the deceased individual gives express consent; (5) the individual who received crisis response services voluntarily testifies, in which case the team member may be compelled to testify on the same subject; (6) the court in camera determines that the information communicated by the individual who received crisis response services is not germane to the relationship between the individual and the team member; or (7) the communication or advice pertains or is related to any criminal act. (SENATE: SB 2635, McNally; Senate deferred to 05/01/2008.) FISCAL NOTE: Dated: January 28, 2008 Minimal.	House 04/24/2008 passed with amendment 1.
HB 3393 DeBerry L.	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. (SENATE: SB 3814, Tate; Set for Senate floor 04/29/2008.) 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.	House 04/24/2008 passed with amendment 2.
Senate Finance, Ways & Means -- Tuesday at 8:30 am -- LP 12 MEMBERS: Chair McNally (R), Vice Chair Henry (D), Secretary Burchett (R), Black (R), Finney R. (R), Haynes (D), Kurita (D), Kyle (D), Norris (R), Watson (R), Wilder (D).
SB 0611 Woodson	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. (HOUSE: HB 0653, Winningham; Set for House Education Committee 04/29/2008.) 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 Senate Finance, Ways & Means 04/30/2008.
SB 0025 Jackson	EDUCATION: Income eligibility requirements for lottery scholarships. Revised income eligibility requirement for receipt of need-based ASPIRE award, HOPE access grant, and HOPE scholarship for nontraditional students from incomes not exceeding $36,000 to incomes not exceeding $45,000. AMENDMENT: Senate Education amendment 1 changes the income cap from $36k to $39k. (HOUSE: HB 0020, Shepard; Taken off notice in House Higher Education Subcommittee 04/25/2007.) FISCAL NOTE: Dated: January 18, 2007 Other Fiscal Impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $5,187,000 in FY07-08 and $5,706,000 in FY08-09.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 0277 Tracy	EDUCATION: Lottery-funded capital outlay projects for K-12. Creates K-12 lottery capital outlay special account to which excess lottery funds shall be transferred. Defines excess lottery funds as any funds remaining in the lottery for education account at the end of each fiscal year in excess of $250,000,000. Requires the comptroller to develop a grant program for capital outlay projects for K-12 educational facilities using funds in such lottery capital outlay account. AMENDMENT: Senate Education amendment 1 limits pool to those funds remaining in the lottery for education account at the end of each fiscal year in excess of $100,000,000 rather than $250,000,000; distributes the funds according to the funding formula, which is at full implementation at the end of the 2007 legislative session. Senate Education amendment 2 is a technical amendment which changes the effective date to 2008-2009. (HOUSE: HB 0009, Hawk; House Education 04/23/2008 recommended. Sent to House Finance, Ways & Means.) FISCAL NOTE: Dated: April 2, 2007 Other fiscal impact - The fiscal impact of this bill is dependent upon several unknown factors such as (1) the extent of net lottery proceeds in excess of $250,000,000 in any given year and (2) the ability of local governments to match grant funding. As a result, determining a precise fiscal impact for this bill is difficult. However, such local government grants (funds earmarked for lottery scholarships and grants under current law) are reasonably estimated to exceed $100,000 per year. In addition to any local government grants, there will be an increase to one- time and recurring state expenditures, for incremental administrative costs, estimated to be $100,000 and $50,000 respectively for FY07-08. Such recurring administrative costs are estimated to be $70,000 in FY08- 09. Any increase of administrative costs will be paid for with funds deposited/transferred to the K-12 Lottery Capital Outlay Special Account from excess net lottery proceeds.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 2397 Kyle	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. (HOUSE: HB 2418, Moore; Set for House Finance, Ways & Means Budget Subcommittee 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 Senate Finance, Ways & Means 04/30/2008.
SB 2809 Woodson	EDUCATION: Lottery-funded after school programs - LEAP. Creates a fund to be administered by the DOE known as the "lottery for education after school programs grant fund" or "LEAP grant fund" within the state treasury. Authorizes the governor to recommend and the general assembly to appropriate excess funds available from net lottery proceeds to the LEAP grant fund in any year the financial assistance program for postsecondary education is fully funded. Requires that any after school program grants be awarded for a period of three years. Prohibits amounts remaining in the LEAP grant fund at the end of each year from being moved to the general fund or to the after school account. AMENDMENT: House Education amendment 1 is a technical amendment. (HOUSE: HB 2975, Winningham; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: February 8, 2008 Other fiscal impact - Based on current revenue and expenditure estimates for the Tennessee Education Lottery program, approximately $5,000,000 in excess lottery funds is anticipated for FY08-09. If the General Assembly appropriates 100% of this excess for after-school programs, it will increase the expenditure of lottery proceeds earmarked for scholarships and grants by $5,000,000 for FY08-09. Additional funding in subsequent years would be dependent upon the extent of excess lottery revenue, and whether the General Assembly appropriates such excess revenue, or portions thereof, for after-school programs.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 4127 Kyle	EDUCATION: Tennessee Back to Class Act of 2008. Establishes Tennessee back to class grant and specifies eligibility requirements for such grant. One such requirement is that the student must be within 30 hours of graduation from a postsecondary institution with a baccalaureate degree. AMENDMENT: Senate Education amendment 1 changes the amount transferred from the lottery for education account to the TN Back to Class grant fund from $100 million to $90 million. (HOUSE: HB 4179, Maddox; Taken off notice in House Education 04/23/2008.) FISCAL NOTE: Dated: February 18, 2008 Other fiscal impact - Transfers $100,000,000 from the lottery for education account to the Tennessee back to class grant fund, for the purpose of funding the Tennessee back to class act of 2008. This transfer will reduce the amount of funding available for eligible recipients of traditional hope scholarships and grants. Increases the expenditure of funds from the Tennessee back to class grant fund by $3,442,000 in fy08-09 and by $3,614,100 in fy09-10.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 4197 Kyle	EDUCATION: Tennessee student assistance award fund. Creates within the state treasury the "Tennessee student assistance award fund" with monies contributed from the lottery for education account. Requires the state funding board to adopt an investment policy for the fund designed to achieve its purpose as an endowment. Requires the principal amount of the Tennessee student assistance award fund to equal $200,000,000 and to be transferred on July 1, 2008 from the lottery for education account to the Tennessee student assistance award fund. Authorizes TSAC to utilize any amounts over the principal amount to fund its programs. (Part of Administration Package.) This bill is sometimes referred to as the lock box bill. AMENDMENT: House Education amendment 1 makes an appropriation of $10 million to TSAC for the purpose of awarding need-based grants. (HOUSE: HB 4212, Winningham; House Education 04/23/2008 recommended with amendment. Sent to House Finance, Ways & Means.) FISCAL NOTE: Dated: February 21, 2008 Other fiscal impact - Transfers $200,000,000 from the Lottery for Education Account to the Tennessee Student Assistance Award Fund, for the purpose of funding additional Tennessee Student Assistance Awards. This transfer will reduce the amount of funding available for eligible recipients of other HOPE scholarships and grants. Increases the expenditure of funds from the Tennessee Student Assistance Award Fund by approximately $10,000,000 per year.	Set for Senate Finance, Ways & Means 04/30/2008.
House Education K-12 Subcommittee -- Tuesday at 10:00 am -- LP 30 FINAL CALENDAR. 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 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.
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.
Senate Education Committee -- Tuesday at 1:00 pm -- LP 12 MEMBERS: Chair Woodson (R), Vice Chair Tate (D), Secretary Berke (D), Burks (D), Crowe (R), Haynes (D), Ketron (R), McNally (R), Tracy (R).
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 3530 Herron	EDUCATION: School Support Organization Financial Accountability Act. Repeals the "School Support Organization Financial Accountability Act." (HOUSE: HB 3278, Maddox; Set for House Education Committee 04/29/2008.) FISCAL NOTE: Dated: February 14, 2008 Decrease state expenditures - not significant. Decrease local expenditures - not significant.	Senate Education 04/22/2008 recommended with amendment.
SB 2766 Bunch	EDUCATION: Raising of money by school support organizations. Exempts from the requirements of the School Support Organization Financial Accountability Act school support organizations intending to raise or anticipating raising on average $30,000 or less in any period of two school years. (HOUSE: HB 3703, Brooks, Kevin; Taken off notice in House Education 04/09/2008.) FISCAL NOTE: Dated: February 13, 2008 Minimal.	Taken off notice in Senate Education 04/22/2008.
SB 3873 Crowe	EDUCATION: School support organizations to operate school bookstores. Authorizes a local board of education to grant a school principal the authority to enter into an agreement with a school support organization to operate a bookstore located on school grounds that makes direct sales of items to students where any revenue generated is put in the school support group funds rather than the student activity funds. Requires the board to have adopted a policy concerning school support organizations, and such organizations must provide the school with the relevant collection documentation. (HOUSE: HB 3685, Brooks, Harry; Taken off notice in House Education 04/09/2008.) FISCAL NOTE: Dated: February 22, 2008 Decrease local expenditures - not significant. Decrease local revenue - not significant.	Taken off notice in Senate Education 04/22/2008.
SB 3509 Southerland	EDUCATION: Fundraisers conducted by school support organizations. Amends the "School Support Organization Financial Accountability Act." Requires funds raised by fundraisers involving students who are under the supervision of a school employee but conducted by a school support organization shall be school support organization funds. (HOUSE: HB 3458, Litz; Taken off notice in House Education 04/09/2008.) FISCAL NOTE: Dated: January 27, 2008 Minimal.	Taken off notice in Senate Education 04/22/2008.
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 3314 Burks	EDUCATION: Long-term care benefits for local education employees. Requires the local education insurance committee to approve an optional long-term care insurance plan that provides local education employees with the same coverage offered to state employees. (HOUSE: HB 3487, Winningham; Set for House Finance, Ways & Means Budget Subcommittee 04/30/2008.) FISCAL NOTE: Dated: February 19, 2008 Increase state expenditures - exceeds $200,000/one-time. Increase local expenditures - exceeds $100,000/permissive.	Senate Education 04/22/2008 recommended. Sent to Senate Finance, Ways & Means.
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 3470 Burks	EDUCATION: Committee to Study Education Innovation for 21st Century. Creates a special legislative committee to study the New Wisconsin Promise program and make recommendations for public policy designed to improve the knowledge of Tennessee children. Outlines guidelines to determine membership and requires the committee to report its findings by February 1, 2009. (HOUSE: HB 3313, Brown; Taken off notice in House Education Special Initiatives Subcommittee 04/02/2008.) FISCAL NOTE: Dated: February 11, 2008 Increase state expenditures - $3,400/each one-day meeting.	Taken off notice in Senate Education 04/22/2008.
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 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 3978 Woodson	EDUCATION: TN HOPE foster child tuition grant. Requires the Tennessee HOPE foster child tuition grant to be the cost of attendance less any gift aid, with the total HOPE foster child tuition grant amount not to exceed the cost of tuition and mandatory fees at the eligible postsecondary institution attended. Defines "cost of attendance" as the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the institution. (HOUSE: HB 3742, Winningham; Set for House Education Committee 04/29/2008.) FISCAL NOTE: Dated: February 15, 2008 Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $50,000 per year.	Taken off notice in Senate Education 04/22/2008.
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.
SB 3110 Haynes	CRIMINAL LAW: Children adjudicated delinquent - notice to school. Expands list of offenses for which a child has been adjudicated delinquent that require the parents of child to notify the appropriate principal when enrolling child in an LEA to include the offense of rape of a child, as well as voluntary manslaughter, criminally negligent homicide, sexual battery by an authority figure, statutory rape by an authority figure, a prohibited weapon offense, unlawful carrying or possession of a firearm, carrying a weapon on school property, carrying a weapon in a public park, playground, civil center or other public recreational building or grounds, handgun possession, providing handguns to a juvenile, and a Class A or Class B felony drug offense. AMENDMENT: House amendment 1 rewrites the bill so that it only requires that upon enrollment of such a student in any other LEA, the parent or guardian must notify the LEA. removes the provisions which would add certain offenses to the list of those which require the parents of an adjudicated delinquent to notify the appropriate principal when enrolling child in an LEA. Specifies the manner in which parents of an adjudicated delinquent must notify an LEA upon enrollment. (HOUSE: HB 2910, Jones S.; House 04/17/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 19, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant. Other fiscal impact - Increase federal expenditures - not significant.	Taken off notice in Senate Education 04/22/2008.
SB 3193 Roller	EDUCATION: HOPE scholarship - age of nontraditional students. Changes age requirement for eligibility of nontraditional students for Tennessee HOPE scholarships from at least 25 years of age to at least 22 years of age. (HOUSE: HB 3341, Matheny; Taken off notice 03/12/2008 in House Higher Education Subcommittee.) FISCAL NOTE: Dated: February 14, 2008 Other fiscal impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $1,072,000. In fy08-09 and by $1,092,000 in fy09-10.	Failed in Senate Education 04/22/2008.
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.
House Consumer & Employee Affairs Committee -- Tuesday at 1:30 pm -- LP 29 FINAL CALENDAR. MEMBERS: Chair McDonald (D), Vice Chair M. Turner (D), Secretary Hackworth (D), K. Brooks (R), Campfield (R), Casada (R), S. Jones (D), Moore (D), Niceley (R), Rowland (R), L. Turner (D).
HB 3848 Mumpower	WORKERS COMPENSATION: Lists of contracted health care providers. Prohibits negotiated rates for workers' compensation services being assigned to or accessible to any other party than employer, trust, pool, or insurer who signed contract or agreement. When employer has contracted with PPO Network to manage its workers' compensation program, prohibits rates negotiated with PPO Network for workers' compensation services from being assigned to, or accessible by, any other PPO network than that PPO Network with whom contract or agreement was negotiated with health care provider. (SENATE: SB 3886, Crowe; Taken off notice in Senate Commerce, Labor & Agriculture 04/15/2008.) FISCAL NOTE: Dated: March 7, 2008 Minimal. Workers' Compensation Advisory Council comment: The bill might need clarifying language.	Taken off notice in House Consumer & Employee Affairs 04/22/2008.
HB 3807 Lollar	WORKERS COMPENSATION: Utilization review of medical services. Requires utilization review of medical services in workers' compensation cases to be completed by physician licensed in Tennessee in same specialty as physician providing services. AMENDMENT: House Employee Affairs Subcommittee amendment 1 specifies same specialty or "closely related" specialties are covered by provisions. (SENATE: SB 2975, Norris; Taken off notice in Senate Commerce, Labor & Agriculture 04/15/2008.) FISCAL NOTE: Dated: February 27, 2008 Minimal.	Taken off notice in House Consumer & Employee Affairs 04/22/2008.
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 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.
HB 3197 Jones S.	HEALTH CARE: In-home visitation programs for low-income mothers. Defines evidence-based, research-based and theory-based programs or practices for the purposes of providing in-home visitation programs to low-income mothers. Requires visitation programs conducted by the department of health and other state agencies to be evidence-based. Prohibits agencies from spending state funds on visitation programs that are not evidence- based. Provides a schedule to phase-out funding of non-evidence-based visitation programs over time. Requires the department of health to continue pilot programs designed to evaluate theory-based and research-based programs and allows funding for such pilot programs. Requires the department to conduct a review of current visitation programs to determine whether they are evidence-based, research-based or theory-based and to report findings to the general assembly. AMENDMENT: Senate amendment 1 rewrites this bill to require the department of health, and any other state agency that administers funds related to in-home visitation programs, to strive to expend state funds on such programs that are evidence-based. "In-home visitation" means a service delivery strategy that is carried out in the homes of families of children from conception to school age that provides culturally-sensitive, face-to-face visits by nurses, other professionals, or trained and supervised lay workers to promote positive parenting practices, enhance the socio-emotional and cognitive development of children, improve the health of the family, and empower families to be self-sufficient. Requires the department to continue the ongoing research and evaluation of sound, theory-based and research-based programs with the goal of identifying and expanding the number and type of available evidence-based programs, and to that end the department may engage in and fund pilot programs as identified in this amendment. This amendment requires the department to include in any contract with a provider of services related to in-home visitation programs a provision requiring the provider to set forth a means to measure the outcome of the services. The services would include the number of people served, the type of services provided, and the estimated rate of success of the population served. Requires the department of health, in conjunction with a representative of the Tennessee commission on children and youth and with on-going consultation of appropriate research experts and representatives of relevant providers who are appointed by the commissioner of health to provide the consultation, to determine which of its current programs are evidence-based, research-based, and theory-based programs, and to provide a report of those findings to the governor, the senate general welfare, health and human resources committee, and the house children and family affairs committee by January 1 of each year. House Finance amendment 1 rewrites the bill. Requires the department of health to strive to expend funds on in-home visitation programs that are evidence-based and continue ongoing research and evaluation of sound, theory-based and research-based programs. The department must include a means to measure the outcome of services in any contract for in-home visitation programs. Requires the department to determine which programs are evidence-based, theory-based, or research-based and provide an annual report to the governor and the general assembly. (SENATE: SB 3198, Black; Senate 04/24/2008 passed with amendment 1.) FISCAL NOTE: Dated: February 19, 2008 Increase state expenditures - $110,500 FY10-11/one-time, $101,000 FY11-12, FY12-13, & FY13-14/one-time, $1,904,600 FY10-11, $3,609,700 FY11-12, $5,314,800 FY12-13, $7,019,900 FY13-14, $7,019,900 FY14-15 and succeeding years.	House Finance, Ways & Means 04/22/2008 recommended with amendment. Sent to House Calendar.
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.
House Government Operations Committee -- Tuesday at 2:30 pm -- LP 31 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.
HB 3162 Jones S.	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. (SENATE: SB 3221, Marrero; Set for Senate Judiciary Committee 04/29/2008.) FISCAL NOTE: Dated: February 10, 2008 Increase state expenditures - not significant. Increase local expenditures - not significant.	House Government Operations 04/22/2008 recommended. Sent to House Calendar & Rules.
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.
Wednesday, April 23, 2008
Senate Finance, Ways & Means -- Wednesday at 8:30 am -- LP 12 MEMBERS: Chair McNally (R), Vice Chair Henry (D), Secretary Burchett (R), Black (R), Finney R. (R), Haynes (D), Kurita (D), Kyle (D), Norris (R), Watson (R), Wilder (D).
SB 0611 Woodson	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. (HOUSE: HB 0653, Winningham; Set for House Education Committee 04/29/2008.) 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 Senate Finance, Ways & Means 04/30/2008.
SB 0025 Jackson	EDUCATION: Income eligibility requirements for lottery scholarships. Revised income eligibility requirement for receipt of need-based ASPIRE award, HOPE access grant, and HOPE scholarship for nontraditional students from incomes not exceeding $36,000 to incomes not exceeding $45,000. AMENDMENT: Senate Education amendment 1 changes the income cap from $36k to $39k. (HOUSE: HB 0020, Shepard; Taken off notice in House Higher Education Subcommittee 04/25/2007.) FISCAL NOTE: Dated: January 18, 2007 Other Fiscal Impact - Increases the expenditure of lottery proceeds earmarked for scholarships and grants by $5,187,000 in FY07-08 and $5,706,000 in FY08-09.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 0277 Tracy	EDUCATION: Lottery-funded capital outlay projects for K-12. Creates K-12 lottery capital outlay special account to which excess lottery funds shall be transferred. Defines excess lottery funds as any funds remaining in the lottery for education account at the end of each fiscal year in excess of $250,000,000. Requires the comptroller to develop a grant program for capital outlay projects for K-12 educational facilities using funds in such lottery capital outlay account. AMENDMENT: Senate Education amendment 1 limits pool to those funds remaining in the lottery for education account at the end of each fiscal year in excess of $100,000,000 rather than $250,000,000; distributes the funds according to the funding formula, which is at full implementation at the end of the 2007 legislative session. Senate Education amendment 2 is a technical amendment which changes the effective date to 2008-2009. (HOUSE: HB 0009, Hawk; House Education 04/23/2008 recommended. Sent to House Finance, Ways & Means.) FISCAL NOTE: Dated: April 2, 2007 Other fiscal impact - The fiscal impact of this bill is dependent upon several unknown factors such as (1) the extent of net lottery proceeds in excess of $250,000,000 in any given year and (2) the ability of local governments to match grant funding. As a result, determining a precise fiscal impact for this bill is difficult. However, such local government grants (funds earmarked for lottery scholarships and grants under current law) are reasonably estimated to exceed $100,000 per year. In addition to any local government grants, there will be an increase to one- time and recurring state expenditures, for incremental administrative costs, estimated to be $100,000 and $50,000 respectively for FY07-08. Such recurring administrative costs are estimated to be $70,000 in FY08- 09. Any increase of administrative costs will be paid for with funds deposited/transferred to the K-12 Lottery Capital Outlay Special Account from excess net lottery proceeds.	Set for Senate Finance, Ways & Means 04/30/2008.
SB 2397 Kyle	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

Monday, April 21, 2008

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

Senate floor -- Monday at 5:00 pm -- Senate Chamber

Senate consent 2 -- Monday at 5:00 pm -- Senate Chamber

Senate message -- Monday at 5:00 pm -- Senate Chamber

Tuesday, April 22, 2008

House Calendar & Rules Committee -- Tuesday at 8:00 am -- LP 16

Senate Finance, Ways & Means -- Tuesday at 8:30 am -- LP 12

House Education K-12 Subcommittee -- Tuesday at 10:00 am -- LP 30

Senate Education Committee -- Tuesday at 1:00 pm -- LP 12

House Consumer & Employee Affairs Committee -- Tuesday at 1:30 pm -- LP 29

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

House Government Operations Committee -- Tuesday at 2:30 pm -- LP 31

Wednesday, April 23, 2008

Senate Finance, Ways & Means -- Wednesday at 8:30 am -- LP 12