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Public Chapters with Effective Date of 7/1/2017

Public Chapters with Effective Date of 7/1/2017

1 SB0047 Election Laws - As enacted, reorders the presidential primary ballots to allow for

candidates for state, county, and municipal offices to immediately follow the names

of the presidential candidates; increases the number of vertical columns for each

respective party’s primary election on the ballot from two to three. - Amends TCA

Title 2, Chapter 13 and Title 2, Chapter 5.

18 SB0341 Teachers, Principals and School Personnel - As enacted, authorizes a school

counselor to refer or help facilitate a referral of a parent or legal guardian's student

to a counselor or therapist for mental health assessments or services. - Amends TCA

Title 4; Title 49 and Title 63.

22 SB0598 Education - As enacted, requires LEAs to ensure schools provide parents and

guardians with information about influenza and the effectiveness of vaccination at

the beginning of each school year; requires nonpublic schools to provide parents and

guardians with information about influenza and the effectiveness of vaccination at

the beginning of each school year. - Amends TCA Title 49, Chapter 50 and Title 49,

Chapter 6.

26 SB0782 TennCare - As enacted, adds additional parties who are required to provide certain

information to the commissioner of finance and administration, the bureau of

TennCare, or managed care organization regarding recovery of benefits; amends

related reporting requirements. - Amends TCA Section 71-5-117.

27 SB0809 Teachers, Principals and School Personnel - As enacted, moves up the deadline for

the state board of education to release the teacher preparation training report from

November 1 of each year to February 15 of each year. - Amends TCA Title 49,

Chapter 5.

82 SB0461 Pharmacy, Pharmacists - As enacted, expands to include pharmacists in the

prohibition on discrimination by managed health insurance issuers against

optometrists, ophthalmologists, podiatrists, and chiropractors solely on the basis of

their license or certification, if such providers are acting within the scope of their

license or certification. - Amends TCA Section 56-32-129.

83 SB0016 Criminal Procedure - As enacted, clarifies that a person petitioning for a certificate of

employability does not have to be in the process of restoring the person's rights of

citizenship. - Amends TCA Title 40, Chapter 29, Part 1.

85 SB0167 Correction, Dept. of - As enacted, authorizes the commissioner, for good cause, to

extend the six-month period within which a claim against the state for costs must be

submitted to the department by an additional six months; effective until June 30,

2018. - Amends TCA Section 40-25-144.

86 SB0199 Intellectual & Developmental Disabilities - As enacted, establishes the Tennessee

council on autism spectrum disorder. - Amends TCA Title 4 and Title 68.

89 SB0518 Pharmacy, Pharmacists - As enacted, removes the board of pharmacy's oversight of

facilities that distribute dialysate and devices necessary to perform peritoneal kidney

dialysis to patients with end stage renal disease if the facility meets certain criteria. -

Amends TCA Title 63, Chapter 10.

93 SB0690 Sentencing - As enacted, adds public employees to the list of those ineligible for

suspended prosecution and pretrial diversion for a misdemeanor offense committed

in the course of the person's employment, under the same provisions currently

applicable to elected and appointed state and local officials so charged. - Amends

TCA Title 40, Chapter 15.

95 SB0996 Traffic Safety - As enacted, requires a motor vehicle to yield the right-of-way by

making a lane change, if possible, or reduce speed and proceed with due caution

when approaching a stationary motor vehicle that is giving signal by use of flashing

lights and located on the shoulder, emergency lane, or median. - Amends TCA Title


98 SB1266 Tennessee Regulatory Authority - As enacted, limits the TRA's jurisdiction over an

investor-owned electric power company serving Tennessee customers on the

western side of the Mississippi River to hearing complaints alleging certain levels of

service and rate violations and granting appropriate relief. - Amends TCA Title 65,

Chapter 4, Part 1.

103 SB0139 Equalization Board - As enacted, revises notice requirements for final decisions

reached by county boards of equalization to require inclusion of the taxpayer's right

to electronically file an appeal to the state board, the current address of the state

board, all relevant statutory deadlines, and other information required by the state

board. - Amends TCA Section 67-5-1411.

109 SB0377 Campaigns and Campaign Finance - As enacted, requires that campaign funds be

deposited into a financial institution insured by the FDIC or the national credit union

administration that is authorized to do business in this state. - Amends TCA Title 2,

Chapter 10.

121 SB0902 Traffic Safety - As enacted, makes the offense of obstructing public highways and

streets where the obstruction restricts emergency vehicle access a Class B

misdemeanor punishable by a fine of $200. - Amends TCA Title 39, Chapter 17; Title

54 and Title 55.

122 SB1202 Financial Institutions, Dept. of - As enacted, revises various provisions relating to the

licensing of certain non-depository financial institutions. - Amends TCA Title 45,

Chapter 13; Title 45, Chapter 15; Title 45, Chapter 18; Title 45, Chapter 5 and Title 56,

Chapter 37.

126 HB0520 Libraries - As enacted, revises provisions related to the operation of local libraries

and the state regional library system; specifies terms for board service. - Amends TCA

Title 3, Chapter 1; Title 10, Chapter 3; Title 10, Chapter 5; Title 10, Chapter 8; Title 10,

Chapter 1 and Title 40, Chapter 39.

127 HB1112 Domestic Violence - As enacted, requires the court to give a defendant intending to

plead guilty to a domestic violence offense notice of the firearm dispossession

consequences of a domestic violence conviction and sets out a procedure for a

person convicted of domestic violence to terminate possession of all firearms. -

Amends TCA Section 39-13-111 and Section 40-14-109.

133 SB0238 Equalization Board - As enacted, changes the standard of review for property tax

appeals by limiting review to the record before the hearing examiner. - Amends TCA

Section 67-5-1505 and Section 67-5-1506.

135 SB0274 Criminal Offenses - As enacted, revises offense of criminal trespass in regard to

grounds and common areas of housing and apartment complexes. - Amends TCA

Section 39-11-106 and Section 39-14-405.

138 SB0293 Children - As enacted, authorizes a physician to provide peripartum analgesia and

peripartum care to a minor who is at least 14 years of age without the knowledge or

consent of a parent. - Amends TCA Title 63, Chapter 6.

140 SB0433 Courts, Juvenile - As enacted, revises provisions governing certain juvenile-related

reporting requirements. - Amends TCA Title 37.

146 SB0693 Charitable Solicitations - As enacted, deletes registration requirement for

professional fund raising counsel, which are persons who, for compensation, plan,

manage, advise, consult, or prepare material for a charitable organization for the

solicitation of contributions in this state, but do not engage any person to solicit

contributions on behalf of a charitable organization. - Amends TCA Title 48, Chapter


151 SB1191 Commerce and Insurance, Dept. of - As enacted, adds universities, colleges,

community colleges, and colleges of applied technology to the list of educational

institution types for which the POST commission provides services; authorizes the

POST commission to collect police recruit fingerprints for criminal record checks by

the TBI and FBI; and revises the circumstances under which the POST commission

must issue a certificate of compliance to a recruit. - Amends TCA Section 38-8-104

and Section 38-8-107.

154 SB1305 Funeral Directors and Embalmers - As enacted, requires that of the 10 hours of

continuing education coursework required for renewal of licensure of funeral

directors and embalmers, 5 of those hours must be attended in person, which means

the coursework is either completed in the physical presence of the provider of the

coursework or through an interactive virtual program that requires participants to

confirm their presence during the program. - Amends TCA Title 62, Chapter 5.

155 SB1318 Property Assessors - As enacted, clarifies that property assessors may retain

electronic or digital copies of property tax exemption applications to comply with

existing retention requirement. - Amends TCA Section 67-5-212.

158 SB0019 Funeral Directors and Embalmers - As enacted, establishes requirements regarding

the custody and transfer of remains in certain circumstances. - Amends TCA Title 38,

Chapter 7; Title 62, Chapter 5 and Title 68.

167 SB0448 Boards and Commissions - As enacted, requires the board of podiatric medical

examiners to establish a registration process for certain residents continuing their

clinical education; authorizes a licensed orthotist or prosthetist to utilize one or more

non-licensed persons to assist in the performance of minor repairs on devices that

have been previously dispensed to patients and the performance of other tasks

approved by the board. - Amends TCA Title 63, Chapter 3.

181 HB0534 Revenue - As enacted, enacts the "Improving Manufacturing, Public Roads and

Opportunities for a Vibrant Economy (IMPROVE) Act" or the "2017 Tax Cut Act." -

Amends TCA Title 55, Chapter 4, Part 1; Title 55, Chapter 6; Title 67, Chapter 2; Title

67, Chapter 3; Title 67, Chapter 4; Title 67, Chapter 5 and Title 67, Chapter 6.

182 HB0029 Victims' Rights - As enacted, deletes the provision giving an alleged offender the right

to have notice of and suspend all action concerning a claim for compensation by the

victim under the criminal injuries compensation fund. - Amends TCA Section 29-13-


184 HB0056 Criminal Offenses - As enacted, expands the offense of theft to include evading a

component of an anti-shoplifting device, interfering with a fire alarm system, or

using any artifice or article to commit or facilitate a theft, and makes other various

changes; punishes a fifth or subsequent conviction in a two-year period one

classification higher and imposes a fine of not less than $300 nor more than the

maximum amount established for the appropriate offense classification. - Amends

TCA Section 39-14-146.

186 HB0077 Insurance, Motor Vehicles - As enacted, clarifies that off-highway vehicles operated

on public roads are covered under the definition of "uninsured motor vehicle" for

purposes of being covered under an uninsured motorist policy. - Amends TCA Title

55, Chapter 12; Title 55, Chapter 8 and Title 56, Chapter 7.

188 HB0113 Tobacco, Tobacco Products - As enacted, authorizes municipalities located in Putnam

County to prohibit, by local ordinance, smoking on the grounds of an urban park

center. - Amends TCA Title 39, Chapter 17.

196 HB0577 Courts, Juvenile - As enacted, requires an adjudicating court to inform a child of the

need to file a motion for expunction of a juvenile record; requires the administrative

office of the courts to create a motion that can be completed by a child; requires

juvenile court clerks to make the model expunction motion available to all children. -

Amends TCA Section 37-1-153.

197 HB0578 Courts, Juvenile - As enacted, requires expunction of certain juvenile records upon

motion; requires an adjudicating court to inform a child of the need to file a motion

for expunction of a juvenile record; requires the administrative office of the courts to

create a motion that can be completed by a child; requires juvenile court clerks to

make the model expunction motion available to all children. - Amends TCA Section


198 HB0579 Taxes, Real Property - As enacted, specifies that return of the receipt for a mailed

summons or notice that is either signed by the defendant or marked refused is

grounds for a default judgment in a delinquent property tax case. - Amends TCA

Section 67-5-2415.

199 HB0636 Juvenile Offenders - As enacted, makes various changes to the expunction of juvenile

court records, including creating a process for the expunction of juvenile court

records for cases in which the juvenile successfully completed pretrial or judicial

diversion. - Amends TCA Section 37-1-153 and Section 40-32-101.

202 HB0688 Firearms and Ammunition - As enacted, expands the exception to unlawful carrying

or possession of a firearm or firearm ammunition to include carrying or possession in

a boat; clarifies that the exception includes a loaded firearm, as well as a firearm or

ammunition. - Amends TCA Section 39-17-1307.

203 HB0733 Game and Fish Laws - As enacted, establishes that requirements on the size,

placement and inspection of steel traps used in the taking of wildlife be set by rule or

proclamation of the fish and wildlife commission, as necessary, rather than by

statute. - Amends TCA Title 70, Chapter 1, Part 1 and Section 70-4-120.

210 SB0154 Physicians and Surgeons - As enacted, revises certain requirements governing pain

management clinics and pain management specialists. - Amends TCA Title 63.

212 SB0305 Consumer Protection - As enacted, revises certain provisions regarding a litigation

financier. - Amends TCA Section 47-16-105 and Section 47-16-109.

220 SB0818 Water - As enacted, extends to a person who has contracted for the right to store

water in a reservoir owned by the U.S. Army Corps of Engineers the exclusive rights

to any return flows generated directly or indirectly to that reservoir by the person. -

Amends TCA Title 69 and Title 70.

221 SB0837 TennCare - As enacted, requires managed care organizations participating in the

TennCare program to annually report to the bureau of TennCare certain information

regarding treatment of claims for mental health and alcoholism or drug dependence

benefits in relation to the requirements of the Paul Wellstone and Pete Domenici

Mental Health Parity and Addiction Equity Act of 2008. - Amends TCA Title 56 and

Title 71.

225 SB0997 Banks and Financial Institutions - As enacted, increases the maximum annual interest

rate (or equivalent daily, weekly, monthly, or quarterly rate) that a bank may charge

and collect with respect to extensions of credit made on credit card accounts from 21

percent to 30 percent. - Amends TCA Title 45, Chapter 2, Part 19.

226 SB1188 Professions and Occupations - As enacted, revises various professional regulatory

provisions, including provisions regarding cosmetologists, home inspectors, and

engineers. - Amends TCA Title 62.

233 HB0058 Public Records - As enacted, revises certain provisions governing open records

requests, including the manner in which such requests may be made. - Amends TCA

Title 10, Chapter 7, Part 5.

234 HB0376 Statutes of Limitations and Repose - As enacted, limits any action to recover

damages against a real estate appraiser arising out of the appraiser's real estate

appraisal activity to being brought within one year from a person's discovery of the

act or omission giving rise to the action; limits any disciplinary action against a real

estate appraisal by the Board of Real Estate Appraisers from three years from the

date the appraisal was completed. - Amends TCA Title 28 and Title 62, Chapter 39.

239 HB0044 Tennessee Bureau of Investigation - As enacted, enacts the "Help Find the Missing

Act." - Amends TCA Title 38.

241 HB0434 Orders of Protection - As enacted, requires a divorce court that modifies or makes an

existing order of protection part of the divorce decree to issue a separate order of

protection; requires the clerk to send a copy of the order to the petitioner,

respondent, and the law enforcement agency. - Amends TCA Title 36, Chapter 3, Part


243 HB0584 TennCare - As enacted, authorizes the TennCare program to provide medical

assistance for language interpreter services. - Amends TCA Title 71, Chapter 5.

246 HB0686 Election Laws - As enacted, requires a court to impose an additional $1,000 fine for a

conviction for voter fraud; provides a $1,000 reward for information leading to a

conviction for voter fraud. - Amends TCA Title 2 and Title 40.

256 SB0458 Drugs, Prescription - As enacted, authorizes local education agencies and nonpublic

schools to maintain opioid antagonists in schools. - Amends TCA Title 49 and Title 63.

257 SB0511 Consumer Protection - As enacted, creates a Class A misdemeanor, civil penalties

enforceable by the attorney general and reporter, and a private right of action

related to "spoofing" of caller identification, facsimile, and text messaging services. -

Amends TCA Title 29; Title 39, Chapter 17; Title 47, Chapter 18 and Title 65, Chapter

4, Part 4.

258 SB0704 TennCare - As enacted, enacts the "Ground Ambulance Service Provider Assessment

Act." - Amends TCA Title 56; Title 68 and Title 71.

259 SB0845 Medical Occupations - As enacted, clarifies that the exemptions from the licensure

and regulatory requirements for medical physicians apply to surgeons of the United

States army, navy, air force or marine hospital service regardless of the hospital or

practice site, if the surgeon's practice is part of the surgeon's authorized military

service or training. - Amends TCA Section 63-6-204.

263 SB1252 Children - As enacted, amends the requirements for what is to be included in a

petition filed in juvenile court; clarifies the requirement that a court conducting a

termination of parental rights hearing admit evidence pursuant to the Tennessee

Rules of Evidence. - Amends TCA Section 36-1-113; Section 37-1-120; Section 37-1-

129 and Section 37-1-183.

264 SB1267 Financial Institutions, Dept. of - As enacted, enacts the "Elderly and Vulnerable Adult

Financial Exploitation Prevention Act." - Amends TCA Title 39; Title 45; Title 47,

Chapter 30; Title 48, Chapter 1 and Title 71, Chapter 6.

265 SB1342 Sentencing - As enacted, creates an enhancement factor, by which the defendant's

sentence can be increased, where the defendant is convicted of committing a violent

offense against a uniformed law enforcement officer or uniformed member of the

military or national guard and the defendant intentionally selected the victim

because of the victim's status as a law enforcement officer or service member. -

Amends TCA Title 39 and Title 40.

266 SB0150 Nurses, Nursing - As enacted, authorizes physician assistants, nurse practitioners,

and nurse midwives who are advanced practice registered nurses to treat minors

with sexually transmitted diseases to the full extent of the person's authority,

including the authority to prescribe and dispense drugs relating to a sexually

transmitted disease. - Amends TCA Title 63 and Title 68.

270 SB0524 Education, State Board of - As enacted, requires the state board to adopt a policy

allowing American sign language courses to satisfy the foreign language credits

required for graduation. - Amends TCA Title 49, Chapter 6, Part 10.

276 SB1032 Welfare - As enacted, expands the licensure requirement for adult day care providers

to include those who provide service to five or more, instead of 10 or more, adult

recipients. - Amends TCA Title 4, Chapter 3, Part 12; Title 49; Title 68 and Title 71.

280 SB1163 Estates - As enacted, makes various changes to probate law, including requiring that

the receipt of a distributee or legatee be executed under penalty of perjury or sworn

before the clerk or a notary public. - Amends TCA Title 30.

286 HB0078 Criminal Offenses - As enacted, authorizes property owners to provide notice that

trespassing is prohibited on their property by marking trees and posts with purple

paint as an alternative to posting signs. - Amends TCA Title 39, Chapter 14.

287 HB0166 Pensions and Retirement Benefits - As enacted, removes the 90-day limitation on a

retired member of the Tennessee consolidated retirement system working as a

substitute teacher. - Amends TCA Title 8, Chapter 36 and Title 49.

292 HB0615 Child Abuse - As enacted, adds the commission of trafficking for commercial sex act

to the definitions of child sexual abuse and severe child abuse; redefines "caregiver"

for the purposes of the laws governing the placement and custody of juveniles. -

Amends TCA Title 37, Chapter 1, Part 1 and Title 37, Chapter 1, Part 6.

294 HB1199 Election Laws - As enacted, enacts the "Tennessee Freedom of Speech Act." -

Amends TCA Title 2 and Title 66.

296 HB0560 Criminal Offenses - As enacted, creates the misdemeanor offense of unauthorized

release of a law enforcement officer's residential address to the public, punishable as

a Class B misdemeanor if the release is criminally negligent or a Class A misdemeanor

if intentional. - Amends TCA Title 10, Chapter 7 and Title 39.

299 HB0934 Taxes, Real Property - As enacted, revises various provisions of property tax law. -

Amends TCA Title 28 and Title 67, Chapter 5.

301 HB1049 Police - As enacted, imposes certain requirements to report to POST commission and

employing agency on officers arrested for any offense; establishes minimum

attendance requirement for commission members and requires removal of members

who do not meet the requirement. - Amends TCA Title 4 and Title 38, Chapter 8, Part


304 HB0039 DUI Offenses - As enacted, requires search warrant or written consent prior to a

blood test being performed to determine alcoholic or drug content of a driver's

blood; creates certain exceptions. - Amends TCA Title 39, Chapter 13; Title 40,

Chapter 7, Part 1 and Title 55, Chapter 10, Part 4.

307 HB0310 Schools, Charter - As enacted, enacts the "Tennessee High-Quality Charter Schools

Act." - Amends TCA Title 49, Chapter 13.

308 HB0344 Victims' Rights - As enacted, makes the identifying information of the minor victim of

a criminal offense confidential and not open to inspection by members of the public,

unless a court waives the confidentiality at the request of the minor's custodial

parent or legal guardian; creates certain exceptions. - Amends TCA Title 10, Chapter

7; Title 37; Title 38 and Title 39.

309 HB0348 Divorce, Annulment and Alimony - As enacted, requires courts in making equitable

division of marital property to consider all relevant evidence, including valuation

methods typically used with regard to such assets without regard to whether the sale

of the asset is reasonably foreseeable, in determining the value of an interest in a

closely held business or similar asset. - Amends TCA Title 36, Chapter 4.

310 HB0393 Criminal Offenses - As enacted, expands the offense of theft to include new home

construction contractors who fail to refund amounts paid under contract under

certain circumstances or deviate from or disregard plans or specifications in any

material respect that are contained in a new home construction contract. - Amends

TCA Title 39, Chapter 14.

311 HB0404

Absolute Auction

JSCC Spring Semester Honor Roll Announced