1995 Index of Acts

INDEX OF ACTS
RELATED TO COUNTY GOVERNMENT

1995 EDITION

 

PART I - PUBLIC ACTS OF GENERAL APPLICATION

ALCOHOLIC BEVERAGES

Public Chapter 124    Senate Bill 62 House Bill 1158

Amends 57-5-104 to authorize a county or  city to suspend or revoke a beer permit for failure to pay the $100 privilege tax or for failure to respond to the September 1993 request for information (rather than the permit being void).

Effective April 19, 1995.

Public Chapter 214    House Bill 951 Senate Bill 224

Amends 57-3-204(f)(1) and 57-4-203 regarding the language required on signs  on the premises of licensees permitted to sell alcoholic beverages at retail.The new  signs must state: MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS TWENTY-NINE (29) DAYS IMPRISONMENT AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED ($2,500) DOLLARS FOR CARRYING WEAPONS WHERE ALCOHOLIC BEVERAGES ARE SOLD OR SERVED.

Effective July 1, 1995.

Public Chapter 252    House Bill 390 Senate Bill 511
Amends 57-5-105(I) to provide that in Class A counties, the “300-foot rule” forbidding the sale of beer within that distance of a residence will apply to zoned as well as unzoned property.

Effective May 19, 1995.

Public Chapter 396    House Bill 968 Senate Bill 1353
Enacts the Alcohol Server Responsibility and Training Act of 1995 to impose additional requirements,including alcohol awareness training,for persons who obtain employee, sales person and server permits issued by the ABC; amends 57-5-105 and 57-5-106 to authorize counties and cities to impose training or certification restrictions or requirements on employees of beer permit holders (except those who hold an ABC server permit).

Effective July 1, 1995, except that persons holding a valid ABC server or salesman permit need not obtain a new permit until the expiration of the existing permit.

ANNEXATION

Public Chapter 283    Senate Bill 429 House Bill 571

Clarifies the type of public  notice required in  6-51-101 for  annexation by ordinance or by referendum, stating that notice is sufficient if it includes a maps showing a general delineation of the area to be annexed using official names and numbers of roads, lakes, or other identifiable landmarks.

Effective July 1, 1995, applicable  to ordinances passed on first reading on or after  that date.

COUNTY CLERKS

Public Chapter 19    Senate Bill 1699 House Bill 1274
Amends 55-17-125(a) to provide that dealers who fail to timely file the annual sales report are ineligible for dealer registration plates until the report has been  filed; dealers who timely file and sell 24 or more vehicles per calendar year have a rebuttable presumption that they are eligible to receive dealer registration plates as provided by law; dealers who file timely but sell fewer than 24 vehicles or those in business for only a portion of the year  who sold fewer than 2 vehicles on average per month are eligible for only 3 dealer registration plates unless the motor vehicle commission approves more. For 1995, the annual sales report is timely filed if  received by the commission by March 31, 1995. The motor vehicle commission will furnish each county clerk with a list of eligible dealers.

 Effective March 22, 1995.

Public Chapter 20    House Bill 153 Senate Bill 142
 Amends 55-4-124(a) to include vehicles hauling coal ash within the list of vehicles entitled to special registration.

Effective July 1, 1995.

Public Chapter 56    Senate Bill 147 House Bill 296
 Amends 55-4-202(d) to provide that applicants for special license plates who have more than one vehicle titled or leased in their names, or applicants who have more  than one vehicle jointly titled or leased in their names, are entitled to an unlimited number of registration plates under the applicable provision of law, so long as the  plates are issued only for private passenger automobiles, ½ or ¾ ton pickup trucks,  or panel vans, and all other special fees, regular costs and requirements are met; no person may receive more than one free plate.

Effective April 5, 1995.

Public Chapter 82    House Bill 606 Senate Bill 715
Amends 55-4-203 to authorize issuance of special plates bearing the logo of the University of Mississippi.

Effective April 5, 1995.

Public Chapter 83    House Bill 1006 Senate Bill 536
Amends Title 55, Chapter 4, to allow motor vehicle registrants to make voluntary contributions of $1 for the benefit of organ donation programs, in counties in  which the county clerk has elected to accept these contributions. To participate in the program, the county clerk must notify the county legislative body in writing. Contributions received must be paid over at least quarterly to a tax-exempt, not-for- profit entity created by the County Clerks Association for the benefit of organ donation in Tennessee. No commissions may be deducted from these  contributions.

Effective January 1, 1996.

Public Chapter 84    House Bill 1146 Senate Bill 1575
Amends 55-4-237 and 55-4-239 to allow disabled veterans who are entitled to free special registration plates and who are also holders of the purple heart to elect to receive instead free special registration plates for holders of the purple heart, for no more than 2 motor vehicles or RVs owned or leased by them.

Effective July 1, 1995.

Public Chapter 94    Senate Bill 1521 House Bill 1372
Amends 36-3-301(a) to authorize former speakers of the senate and former speakers of the house of representatives to solemnize marriages.

Effective April 7, 1995.

Public Chapter 122   House Bill 1097 Senate Bill 1044
Amends 55-4-202 and -203 to authorize the issuanc e of special license plates bearing the logo of the Tennessee State Employees Association.

Effective April 19, 1995.

Public Chapter 128   Senate Bill 515 House Bill 558
Amends 36-3-301(a) to authorize former county executives to solemnize marriages. Effective April 21, 1995.

Public Chapter 132   Senate Bill 1265 House Bill 1660
Repeals 55-4-246 governing the issuance of special license plates to members of Tennessee District Exchange Clubs, and amends 55-4-248(a), governing the  issuance of special license plates to members of civic organizations, to include Tennessee District Exchange Clubs.

Effective April 21, 1995.

Public Chapter 173    House Bill 38 Senate Bill 140
Amends 55-4-203(7) to delete the $25 additional fee for registration plates for firefighters and amends 55-4-241 to require embossed plates.

Effective July 1, 1995.
 
Public Chapter 186    House Bill 1643 Senate Bill 1605
Amends the Tennessee Pawnbrokers Act of 1988, Title 45, Chapter 6, Part 2, to exclude title pawn transactions and to delete the 2-year residency requirement for pawnbroker licenses; clarifies definitions; prohibits pawnbrokers from entering into pawn transactions with maturity dates of less than 30 days; authorizes pawnbrokers to make over-the-counter purchases of goods the seller does notintend to buy back and requires that these goods be held for 15 days prior to sale;requires that pawnbrokers record the height and weight of the pledgor and the numbers from the items of identification used, which must be one of the following:  driver’s license, state-issued ID card, passport, military ID, nonresident alien border crossing card, or U.S.immigration and naturalization service ID; requires that records be delivered to law enforcement agency within 48 hours of transaction;changes maximum interest rate to 2% per month and limits other monthly charges to 1/5 of loan amount; reduces to 30 days the time pledged goods must be held for  redemption after the maturity date; deletes requirement that pawnbrokers provide any notice to pledgors after expiration of the 30-day redemption period; changes the information required to be printed on pawn tickets and requires pledgor’s signature; prohibits  local law enforcement agencies from charging pawnbrokers a fee for processing information. Enacts the Tennessee Title Pledge Act, Title 45, Chapter 6, Part 15, to govern businesses involved in making title pledge loans; licensed title pledge lenders are authorized to make 30-day renewable loans on pledges of unencumbered personal property certificates of title, or on pledges of unencumbered titled personal property; title pledge lenders are  required to note their lien on the certificate of title in those transactions where the lender does not take physical possession of the property; applicants for licensure must: (1) be operating as sole proprietorship, general partnership, corporation or limited liability company duly qualified to do business in Tennessee, (2) have capital of at least $75,000 per title pledge office (“capital” is defined as assets minus liabilities according to GAAP or relevant pronouncements of FASB), and (3) represent that the business will be operated lawfully, fairly and ethically within the purpose of the law; petitions for title pledge lender licenses are made to the county clerk in  the county where the title pledge office is located, and must contain: (1) names of all individuals having a  beneficial ownership interest in the business and all corporate officers and directors,  (2) place, street and number   of title pledge office, (3) amount of capital to be used in the business, with unaudited financial statement from a certified public accountant, (4) affidavits from each individual named in (1) stating that the individual has not been convicted of a felony within the  past 10 years, and (5) certified funds in the amount of $50.00 payable to the county clerk to defray costs; licenses shall be granted to applicants who have satisfied the above requirements and have paid the business tax and any other taxes required by law; licenses must state the name of person to whom issued, place of business and street number, and amount of capital employed; licenses are not transferable from one person to another, but are transferable from one location to another or from one county to another upon payment “to the county clerk of any county involved in the transfer” a  fee of $50.00;licenses  are  renewed  each  year  upon payment of the business tax; only one title pledge office can be operated under a license;licensed  pawnbrokers who were in the business of contracting for title pledges  or making title  pledge agreements as  of  May  8, 1995 were given 60 days from that date within which to pay the fee of $50.00 and obtain a title  pledge lender license without further qualification; establishes recordkeeping and other regulatory requirements similar to those for pawnbrokers; title pledge lenders must have insurance sufficient to cover the loan value of any personal property taken into their possession.

Effective May 8, 1995.

Public Chapter 195    Senate Bill 554 House Bill 1057
Amends 55-4-104(b) and 55-4-206 to provide for staggered renewal of free, special and cultural plates; the commissioner is to develop an alternative registration system, to be in place by January 1, 1996.

Effective May 9, 1995 for the purpose of administratively developing an alternative registration system, and January 1, 1996 for all other  purposes.

Public Chapter 199    Senate Bill 871 House Bill 650
Enacts 55-4-2   to authorize the issuance of special license plates for members of  the Tennessee  Police Benevolent Association.

Effective May 9, 1995.

Public Chapter 217    House Bill 1125 Senate Bill 687
Amends 55-21-102 and 55-21-103 to include within the definitions of "disabled driver" and “disabled passenger” a person with walking difficulty seeking treatment solely by prayer as certified by affidavit of a Christian Science practitioner listed in The Christian Science Journal.

Effective May 12, 1995.

Public Chapter 241    Senate Bill 275 House Bill 550
Amends 36-3-104 to delete the requirement that both parties applying for a marriage license appear in the county clerk’s office at the same time; amends the provision relative to inmates so that any person who is incarcerated may submit a notarized statement in lieu of appearing; clarifies that the three-day waiting period and registered notice requirements apply only where either applicant is under 18, and neither provision applies when any minor applicant is joined in the application by both parents, the guardian or next of kin; repeals 36-3-108 relative to  waiver of the waiting period and notice provisions when the county clerk “knows of his own   knowledge” that both parties are over 18.

Effective May 15, 1995.

Public Chapter 282    Senate Bill 280 House Bill 958
Amends 55-4-111(c) and 55-4-113(a)(6)(A) to set the registration tax at $50 for trailers used in a business, and personal trailers which are not required to be registered but the owner wants to  register.

Effective July 1, 1995.

Public Chapter 335    Senate Bill 1599 House Bill 1413
Amends 55-4-202 and 55-4-203, and enacts 55-4-3 to authorize the issuance of motor vehicle registration plates for the Games of the XXVI Olympiad, to be issued on the same basis as cultural plates upon payment of an additional fee of $25; the minimum order requirements do not apply, but the plates will be discontinued  after January 1, 2000, if less than 500 plates have been issued for the prior year; county clerks are to receive the initial shipment of Olympic plates by October 1, 1995.

Effective May 30, 1995.

Public Chapter 399    Senate Bill 49 House Bill 174
Amends 55-4-202 and 55-4-203, and enacts 55-4- to authorize the issuance of special license plates depicting the Tennessee Walking Horse.

Effective June 6, 1995.

Public Chapter 401     Senate Bill 279 House Bill 322
Amends 67-4-719 to authorize county clerks, upon approval by 2/3 vote of the county legislative body, to retain an attorney or collection agent to collect delinquent business taxes, with the costs to be paid by the delinquent taxpayer; the county clerk must mail notice of delinquency, stating the rate of interest and penalty and that additional costs of collection will be charged, to the taxpayer’s last known address 15 days before turning the matter over for collection, giving the taxpayer 10 days to pay.

Effective June 6, 1995.

COUNTY GOVERNMENT

Public Chapter 17    Senate Bill 430 House Bill 224
Amends the Interlocal Cooperation Act at 12-9-103 to allow governments to make interlocal agreements which include any incorporated rescue squad that is not supported by public funds or that is only partially supported by public funds.

Effective March 22, 1995 .

Public Chapter 29    Senate Bill 247 House Bill 409
Amends 8-20-101(c) to authorize county officials to use letters of agreement instead of salary petitions without regard to whether the official’s office operates under  the fee system.

Effective March 23, 1995.

Public Chapter 74    Senate Bill 1481 House bill 1173
Amends Title 12, Chapter 10, relative to public building authorities, to authorize governmental entities (including counties) to contract with an authority for the  construction, operation and/or maintenance of property owned or leased by a third party to the governmental entity, to authorize authorities to maintain common accounts and make certain purchases which are $5,000 or under without  competitive bids, and to authorize authorities to contract for services by public invitation for proposals and for construction projects either by invitation for proposals or competitive bids.

Effective April 5, 1995.

Public Chapter 106   Senate Bill 955 House Bill 1192
Deletes 5-9-109(d)(2) to end the requirement that the county legislative body approve appropriations to nonprofit organizations other than charitable organization at two regularly scheduled meetings. [The newspaper notice of intent to make an appropriation to such an organization continues to be required].

Effective April 17, 1995

Public Chapter 133    Senate Bill 1466 House Bill 1092
Amends 68-221-1101 and -1102 to expand the applicability of the storm water management law to counties and cities with populations over 75,000.

Effective April 21, 1995.

Public Chapter 148    Senate Bill 1202 House Bill 1280
Amends 42-5-103 regarding local airports, requiring approval of the county commission before land outside city limits can be acquired for a proposed airport  by eminent domain. Does not apply to airports under construction before January 1, 1995, expansions of airports in existence before this date (if the property is currently owned or contiguous to currently owned land), or airports with scheduled passenger service and a control tower in existence or under construction on the effective date  of the act.

Effective April 27, 1995.

Public Chapter 178    Senate Bill 964 House Bill 352
Amends 55-10-301(b)(2) to authorize local governmental entities to conduct driver improvement courses approved by the Department of Safety for required attendance by persons convicted of violations of traffic  laws.

Effective July 1, 1995.

Public Chapter 179     Senate Bill 1020 House Bill 1103
Repeals 8-4-112 relative to audit and payment of costs by the state in criminal cases; repeals 5-8-504 which granted a reduced cost of 75% for audits in counties where all officials and agencies were in compliance; amends 8-15-101 to require counties to obtain the comptroller's approval before employing private  auditors; amends 8-15- 103 to correct an error and to require a copy of the audit to be furnished to the comptroller (see summary under PURCHASING).

 Effective July 1, 1995.

Public Chapter 258      House Bill 1455 Senate Bill 202
Amends 38-7-105(a) to authorize the employment of a pathologist who is not board- certified, but is eligible for certification, to perform autopsies when a state medical examiner’s facility is not available (except in Davidson County); amends 38-7-106(a) and 38-7-109(b) to authorize the county medical examiner to perform autopsies.

Effective May 19, 1995.

Public Chapter 264       House Bill 1190 Senate Bill 1205
Grants to counties many powers which have been granted to cities, such as to expend money for all lawful purposes, make special assessments for local improvements, establish monetary penalty of up to $500 for each violation of a rule or regulation that the county may adopt under current law. This act allows counties to condemn property located outside of the county with the approval of the county legislative body of the county where the property is located. Also,this act expands the authority of counties to contract, operate public utilities, operate hospitals and nursing homes and regulate dogs and cats and establish animal shelters. In the event of a conflict between a county resolution under this act and a city ordinance, the city ordinance will prevail within the city. However, this act does not grant the counties general ordinance power.

 Effective May 24, 1995.

Public Chapter 430       Senate Bill 918 House Bill 798
Amends  Title  7, Chapter  8, Part 1, relative to the regional transportation authority in Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury,Dickson and Rutherford counties; requires annual rather than  quarterly meetings of the board; deletes the provision that a quorum is a majority of the entire membership of the board; authorizes the establishment of an executive committee; authorizes the board to contract for professional planning, engineering, management, operating and support services; authorizes the board to establish a plan for direct provision of transit services by the authority.

Effective June 12, 1995.

Public Chapter 432    Senate Bill 1114 House Bill 1182
 Authorizes counties and cities to create port authorities pursuant to  procedures  which include a public hearing prior to final action. Provides for the creation of a  board of commissioners for the port authority with appointment by the executive officer and approval by the governing body of the city or county. Port commissioners serve for terms of 8 years after the initial terms which may be shorter in order to create a staggered term system. Port authorities created by one or more counties or cities are authorized. The board of commissioners of the port authority appoints a president who is the chief executive and administrative officer of the authority. The president of the authority appoints, subject to confirmation of the board, a secretary, auditor, treasurer, engineer and legal counsel. The  authority is granted various corporate powers, including the power to borrow money for any of its corporate purposes and to issue revenue bonds. The authority does not have direct condemnation powers, but a city or county may condemn or otherwise acquire real property and transfer such property to the authority by sale, lease or gift. Cities and counties are authorized to pledge their full faith and credit and unlimited taxing power as guarantor of  authority bonds after giving at least 5 days public notice of  the matter being considered, including the amount of the bonds to be  guaranteed. The city or county governing body(ies) which created the  authority may dissolve the authority.

Effective June 12, 1995.

Public Chapter 455    Senate Bill 590 House Bill 554
Enacts the “Children’s Act for Clean Indoor Air” to regulate smoking in facilities where children’s services are provided; prohibits smoking in day care centers, rooms in community centers used for children’s activities, group care homes, health care facilities other than nursing homes, museums, public and private kindergartens, elementary and secondary schools, residential treatment facilities for children and youth, youth development centers and facilities, zoos, and school grounds; contains provisions for adult smoking areas in specified circumstances; requires posting of “no smoking” signs on main building entrances; requires posting of notice at elementary and secondary school sporting events, including ticket booths, that smoking is prohibited in seating areas and restrooms; violation is a Class B misdemeanor punishable by a fine not to exceed $500; any law enforcement officer may issue citations.

Effective July 1, 1995.

Public Chapter 511    House Bill 117 Senate Bill 260
Enacts “The Child Fatality Review and Prevention Act of 1995"; creates state and local child fatality review teams, with local teams consisting of a local law  enforcement officer, mental health professional, pediatrician, emergency medical service provider or firefighter, and a representative from juvenile  court;confers broad investigatory powers and confidentiality.

Effective January 1, 1996 (for appointments, rulemaking and organization, effective June 12, 1995).

Public Chapter 540    House Bill 1276 Senate Bill 1092
Enacts the Tennessee Recreation Initiative Program which, subject to appropriation, provides for matching grants to 1 county or city in each of the state’s 3 grand  divisions for recreational programs. Counties and cities may apply, although grant proposals based on a multi-government project will have priority. The grant covers a 3 year period, with up to $25,000 awarded to each participating community in the first 2 years; the community is responsible for all costs of the program in the third  year and must repay the state if it fails to provide this funding.

Effective July 1, 1995.

COURTS

Public Chapter 59      Senate Bill 277 House Bill 327
Deletes 18-1-114 which required court clerks to keep all volumes of the Supreme Court reports in their offices.

Effective March 27, 1995.

Public Chapter 85      House Bill 1194 Senate Bill 1518
Amends 37-1-114 to authorize juvenile courts to detain juvenile offenders who unlawfully possess a handgun or carry a  weapon.

Effective April 5, 1995.

Public Chapter 127    Senate Bill 307 House Bill 1469
Amends 36-3-610 to authorize courts to require support payments pursuant to an order of protection or a court approved consent agreement to be made under  income assignment.

Effective July 1, 1995.

Public Chapter 137    House Bill 132 Senate Bill 772
Provides an alternative procedure for sentencing of habitual motor vehicle offenders who have a conviction occurring on or after July 1, 1995. Amends 55-10-603 to redefine  “habitual offender”. Adds vehicular homicide to list of offenses which may constitute habitual criminality.

Effective July 1, 1995.

Public Chapter 191    Senate Bill 240 House Bill 393
Enacts new section in Title 37, Chapter 1 which allows court to require a juvenile’s parent or guardian to attend juvenile court proceedings. The court may issue a summons; failure to appear without good cause, which is defined, can result in contempt charges. Recommends that parent or guardian attend all sessions with juvenile, but does not create such a right.

Effective July 1, 1995.

Public Chapter 225    Senate Bill 86 House Bill 513
Enacts new subpart in 16-2-505(d) which creates a court security committee for each county to study and report on courtroom security. The committee is composed of the county executive, sheriff, district attorney, presiding judge of the district, and  a court clerk. The committee is to study security needs in light of standards adopted by the Tennessee Judicial Conference and distributed by the Administrative Office of the Courts and to report to the county legislative body by May 15 of  each year. The county legislative body is to take this report into consideration in developing the budget and, by December 1, report action taken to the Administrative Office of the Courts, who reports to the General Assembly. Recommendations of the committee requiring expenditure of funds must be approved by  the  county legislative body.

Effective May 12, 1995.
 
Public Chapter 242    Senate Bill 276 House Bill 490
Revises sections in Title 20 regarding the pauper’s oath, requiring an affidavit of indigency in addition to the oath itself. Clarifies that although one taking  the pauper’s oath is not required at the commencement of the case to give security for court costs and to pay litigation taxes, these obligations must still  be paid  after they are taxed by the court.

Effective May 15, 1995.

Public Chapter 270    Senate Bill 744 House Bill 1675
Amends 40-11-146 regarding a guaranteed arrest or bail bond in lieu of a cash bond, raising the maximum amount of the bond from $1,000 to  $5,000.

Effective May 25, 1995.

Public Chapter 321    Senate Bill 797 House Bill 1293
Amends  sections of Title 20, Chapter 4, Part 2 regarding change of venue to allow a court to obtain a panel of jurors from another county if it is necessary for a fair  trial. If the court is other than a court of record, then the jury shall be selected from the nearest adjoining county free from the like exception.

Effective May 30, 1995.

Public Chapter 322    Senate Bill 798 House Bill 626
Amends 39-11-106(a) to define “criminal street gang”. Amends 40-35-114 to  provide that enhancement factors regarding sentencing for an offense may include that  the offense arose out of activity related to a criminal street gang and the defendant committed the offense within 3 years of a prior conviction for a felony offense.

Effective July 1, 1995 for offenses committed after this  date.

Public Chapter 349    House Bill 34 Senate Bill 16
Amends 40-35-313 regarding conditions of probation, allowing the court to set a monthly payment for supervisory expenses between $10 and $35 (formerly  $10).

Effective May 30, 1995.

Public Chapter 353    House Bill 308 Senate Bill 462
Enacts the “Tennessee Standardized Treatment Program for Sex  Offenders.”  Creates a board which is to develop procedures and guidelines for identification, treatment, and monitoring of sex offenders, as well as to coordinate expenditures and analyze the effectiveness of  the program. Requires  each  sex offender convicted after January 1, 1996, who is to be considered for probation to submit to evaluation, treatment, and monitoring, the expenses of which are to be paid by the offender  based on ability to pay. Requires each sex offender convicted after July 1, 1995 to pay a surcharge, from $500 to $3,000 based on the crime,to the clerk of the court in which the conviction occurred, of which 5% is retained by the clerk  and 95% is placed in the sex offender surcharge fund. The court may waive any portion  of the surcharge for inability to pay.

Effective May 22, 1995, for appointment and organizational purposes and July 1, 1995, for other  purposes.

Public Chapter 354    House Bill 330 Senate Bill 436
Amends 37-1-134 regarding conditions under  which a juvenile offender transferred to criminal court must be detained, specifying that although the juvenile is to be housed separately from adult inmates, the juvenile must abide by regulations and policies applicable  to adults.  However, these policies do not affect the duties of a  local education agency to provide education services to child under the federal Disabilities Education Act.

Effective May 30, 1995.

Public Chapter 359    House Bill 927 Senate Bill 562
Amends 8-21-403 regarding clerk’s fees for handling support payments. It allows the clerk to accept partial child support payments which are prorated as to support and the clerk’s fee. Deletes the term “of record” in the statute, thereby including clerks of all courts handling support payments.

Effective May 30, 1995.

Public Chapter 373    House Bill 1510 Senate Bill 1545
 Amends sections in Titles 36 and 37 regarding child support. Removes authority for the DHS or anyone else to file petition to establish paternity if the child is likely to become a public charge. Sets interest on child support arrearages at 12%  and specifies that accumulated interest is considered child support. Authorizes the DHS to issue, levy, and execute an administrative order of income assignment for  payment of child or spousal support; specifically authorizes and gives procedures for income assignment of unemployment benefits, and states that DHS is financially responsible for repayment of erroneously withheld benefits.Amends 36-5-402 to specify that hearings in child support cases other than those under Title IV-D are to be held within a reasonable time not to exceed 45 days, while those under Title IV-D are to be held within the time frames established by federal child support regulations; the Administrative Office of the Courts is to notify courts of  those time frames. Specifies that necessary juvenile court referees are to be appointed according to provisions of Title 37, Chapter 1.

Amends 36-5-501 by removing the requirement that clerks must issue  advance notice of income assignment to the obligor when notified that the IV-D agency ishandling  a child support case.In a Title IV-D case without previous immediate income assignment, requires court clerk, DHS, or the IV-D contrac tor to issue advance notice of income assignment, without the necessity of an affidavit from the obligee parent, if the child support payment is more than 15 days late. In other cases the obligee parent may request this action by affidavit.Adds health insurance premiums covering the child to the list of amounts which are deducted in  computing income assignments for child support.

Adds new subsection to 37-1-151 specifying that parents are liable for child support  for all children placed in the state’s custody; such placement is deemed an  automatic application for child support services under the DHS Title IV-D child support program. Specifies procedures and timing for child support hearings and notice in these cases, imposing some of these duties on the court clerk. Requires court to include provisions  for payment of medical expenses or health insurance premiums in the child support order; payments are to be made to the court clerk if the clerk participates in the statewide child support enforcement computer   system.

Effective July 1, 1995, except for provisions regarding issuance of income assignments, which are effective upon implementation of DHS’ s child support computer system or January 1, 1996, whichever is  earlier.

Public Chapter 385      House Bill 12 Senate Bill 533
Amends 40-25-132 to provide that the state rather than the county is liable for prosecution costs for a misdemeanor or for a felony where the conviction is a misdemeanor if the conviction is reversed on appeal.

Effective July 1, 1995 for applicable convictions after that date.

Public Chapter 410    Senate Bill 1337  House Bill  199
Amends statutes regarding orders of protection to provide that one seeking such an order is neither required to pay costs and taxes nor to take a pauper’s oath upon  the filing of the petition; court costs and litigation taxes will be assessed by the court upon disposition of the case. Lists additional factors relevant to determination of bail and probation for domestic abuse offenders and for those violating orders of protection; magistrate is to make findings regarding these  factors on the record,if possible, and may impose conditions of release for the protection of victims. Law enforcement agencies and victims are to be notified of release and any conditions.

Effective July 1, 1995.

Public Chapter 415    Senate Bill 20 House Bill 526
Amends 37-1-104 to provide that the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child  Abduction.

Effective June 12, 1995.

Public Chapter 418    Senate Bill 156 House Bill 145
 Amends 16-15-729 to include damages in the provision that on appeal from general sessions court the trial is to be de  novo.

Effective June 12, 1995.

Public Chapter 497    House Bill 1774 Senate Bill 1759
 Amends sections in Title 40 regarding supervisory  fees  paid  by  parolees, probationers, and employed releases, raising the monthly fee from $5 to $15 based on ability to pay. Provides for a minimum fee of $5 except for those under certain stated hardships. Also authorizes funds from these fees to be used for mandatory random drug screening for those under the  act.

Effective June 12, 1995.

Public Chapter 498    House Bill 1775 Senate Bill 1760
Amends 40-11-113 by adding additional criminal offenses to the list of those for which convictions will result in immediate revocation of bail.

Effective July 1, 1995, applicable to convictions occurring on or after that date.

Public Chapter 512    House Bill 125 Senate Bill 369
Provides for the court to order an interlock device on defendant’s motor  vehicle  upon second or subsequent DUI convictions unless the court makes an affirmative  finding on the record that there is sufficient cause not to enter such an order. Fees related to the ignition interlock that are paid by the offender are to be applied as a  credit to any fines assessed against the offender as a result of the DUI conviction.

Effective July 1, 1995.

Public Chapter 517    House Bill 385 Senate Bill 1379
Amends 55-10-408 to provide that blood alcohol content of .10% by weight constitutes conclusive proof that a defendant was under the influence of the intoxicant in DUI situations. Amounts of .08% blood alcohol content by weight creates a presumption of being under the influence of an intoxicant for defendants who have previously been convicted of DUI.

Effective July 1, 1995.

Public Chapter 532    House Bill 406 Senate Bill 653
Replaces Title 36, Chapter 1, Part 1 and other sections regarding  adoption  procedures.  The stated purpose of the new act is to recognize and protect the rights of all interested persons, but especially of the adoptee. Contains  procedures regarding surrender of a child by the birth parents, termination of parental rights, and adoption proceedings, as well as a long definitional section. Sets out new procedures  for obtaining access to adoption records.  Although these  are confidential records, the disclosure of which can result in criminal penalties, adopted persons 21 years of age or older may in some instances obtain access to their records by following the statutory procedures. Statute also sets out detailed procedures for a contact veto registry through which certain categories of people, primarily those adopted and their relatives, may request contact with biological relatives or may veto such contact. Specifies penalties for violating contact prohibitions. Also authorizes release of certain nonidentifying information to an adopted person or adopted family concerning the adopted person’s biological family and provides for updated medical information.

Effective July 1, 1995 for provisions regarding access to pre-1951 adoption records; effective July 1, 1996 for  implementing  contact veto provisions; effective January  1, 1996 for most other  provisions.

Public Chapter 550    Senate Bill 640 House Bill 922
Increases the state litigation tax in  civil cases by $10 in circuit and chancery court and by $3 in general sessions court. The new state litigation tax revenue  goes to a civil legal representation of indigents fund. [County legislative bodies may increase the county litigation tax up to the amount of the new state taxes].

Effective July 1, 1995.

 

ECONOMIC DEVELOPMENT

Public Chapter 364    House Bill 1180 Senate Bill 1616
Amends 7-53-101(11)(C) to include facilities for the production of electricity as a permissible project of an industrial development corporation.

Effective May 30, 1995.

Public Chapter 443    Senate Bill 1621 House Bill 1752
Creates the Tennessee Industrial Finance Corporation as an instrumentality of the state for the purpose of financing projects for manufacturing and other commercial endeavors.This corporation may issue revenue bonds to finance these projects. Moreover, the corporation may provide a guarantee on such bonds, but the applicant (company) must pay a premium to the corporation and provide collateral to have  such a guarantee on these bonds. Corporation guarantees are not general obligations of the state.The corporation is given extensive powers to carry out the purposes of the act.

Effective June 12, 1995

EDUCATION

Public Chapter 40     Senate Bill 333 House Bill 947
Amends 49-2-201(a) to authorize the use of transition plans to implement the provisions  of the Education Improvement Act of 1991 with regard to the selection of  school board members, and validate transition plans adopted prior to the effective date of the act; clarifies the maximum number of board members as the number  authorized by private act or general law on January 1,1992, and authorizes the General Assembly to establish by private act any number of members not less than 3 nor more than 9; during transition the number of members may temporarily exceed the maximum allowed.

Effective March 27, 1995.

Public Chapter 101   Senate Bill 219 House Bill 950
Amends 49-2-110 to provide that when funds raised by organizations composed of parents and teachers or parents and students are used for the benefit of less that the student body as a whole, then the provisions of 49-2-203 and the uniform accounting policy manual for local school systems will not prohibit the use of the funds as long as the use benefits the overall school program and the use is in accordance with the policies of the local board of education.

Effective April 17, 1995.

Public Chapter 149    Senate Bill 1343 House Bill 1205
Amends  49-6-3007(f)  to authorize the assessment  of  penalties  against the parents  or legal guardians of truant children in grades K-12.

Effective April 27, 1995.

Public Chapter 361    House Bill 1141 Senate Bill 1467
Amends 49-3-354(f) to change the method of determining extraordinary enrollment growth so that if there is more than a 2% increase in ADM, FTEADM and I&S taken as a whole, the LEA's share of state funds will be calculated on the basis of current year's ADM, FTEADM and I&S less the first 2% by which it exceeds the  prior year, with funds to be distributed to the extent specifically appropriated.

Effective July 1, 1995.

Public Chapter 404    Senate Bill 756 House Bill 557
Amends 49-2-201 to authorize cities to elect school board members in the same manner used to elect members of the municipality’s governing body, whether from districts, at large, or a combination, except in school districts where board members are already elected from districts; does not apply in Shelby or Davidson  counties.

Effective June 6, 1995.

Public Chapter 427    Senate Bill 593 House Bill 580
Amends 49-1-606(a) to change the deadline to July 1, 1996, for implementing annual estimates of teacher effect on the educational progress of students in grades 3 - 8, using TACP test data.

Effective June 12, 1995.

Public Chapter 435    Senate Bill 1245 House Bill 1172
Amends 49-2-201(a)(1) to authorize a local board of education to retain the number of members actually serving on the board as of January 1, 1993, and to authorize Fentress County to have the number of board members authorized by private act as of January 1, 1994.

Effective June 12, 1995.
 
Public Chapter 455    Senate Bill 590 House Bill 554
Enacts the “Children’s Act for Clean Indoor Air” to prohibit smoking in facilities where children’s services are provided, including schools (see summary under COUNTY GOVERNMENT).

Effective July 1, 1995.

Public Chapter 515    House Bill 298 Senate Bill 244

Enacts 39-17-4 to create drug-free school zones  (including school facilities, grounds and the area within 1,000 feet of the real property of public or private elementary, middle or secondary schools), with enhanced and mandatory minimum sentences for drug offenses committed in these zones.

Effective July 1, 1995.

Public Chapter 520    House Bill 581 Senate Bill 594
Enacts  49-3-3 to  provide  for  teachers’ salary equity, raising the average compensation package (salary plus insurance premiums) of instructional personnel to $28,094 with the state to pay a portion of the cost based on a formula and the remainder to be funded locally, beginning with the 1995-96 fiscal year;only LEAs   whose compensation is below $28,094 will receive state  funds.

Effective June 12, 1995.

Public Chapter 534    House Bill 1002 Senate Bill 1320
Amends 49-6-3050(b)(1) relative to home schools to impose a penalty of $20 per week on parents who do not give the required notice by August 1, and to require that attendance teachers be informed of parents’ right to conduct home  school.

Effective June 13, 1995.

Public Chapter 538    House Bill 1196 Senate Bill 1519
Amends 49-2-115(c) relative to grants for family resource centers to require evaluations every 3 years, and to increase by 50% the number of grants awarded; amends 49-2-115(a) to authorize LEAs to contract with local non-profit agencies to operate family resource centers; amends 37-3-703 to increase to 10 the number of counties involved in the healthy start pilot project.

Effective July 1, 1995.

Public Chapter 542    House Bill 1380 Senate Bill 1582
Amends 49-10-101(a)(1) relative to providing special education in accordance with January 1995 federal requirements without reduction in spending on other programs provided through Title 49, Chapter 10.

Effective June 13, 1995.
 

ELECTIONS

Public Chapter 69     Senate Bill 748 House Bill 787
Amends 2-6-301(b) to give the county election commission the alternative of maintaining, on a daily basis, absentee voting applications as part of a computer  generated report, which is a public record.

Effective April 5, 1995.

Public Chapter 76    Senate Bill 1508 House Bill 1374
Amends 2-12-114 to require the county election commission to report to the state election coordinator beginning June 1, 1995 and every 6 months: (1) by precinct, the number of active and inactive voters at the beginning and end of the reporting period, the number of new valid voter registrations, and the number of active and inactive voters purged, and (2) by county, the number of registration applications received and the source, the number of duplicate registrations received, and the number of confirmation notices mailed out and responses received. Amends 2-2-106 to authorize the county election commission to mail confirmation notices by “forwardable” mail  rather  than by “first class” mail. Amends 2-2-109 to provide  that when elections are being held in 2 or more voting districts within a county, the time period for each election is calculated separately so that registration or alteration of registration records is not prohibited in one election because it is 29 days prior  to another election in the same county.

Effective April 5, 1995.

Public Chapter 87    Senate Bill 1506 House Bill 1373
 Amends 2-5-101(a)(2) to change the qualifying deadline for March county primaries to the third Thursday in January; amends 2-5-101(e) to require a candidate who is nominated by a political party by a method other than primary election, for offices to be filled in a regular August election for whic h a primary has been called, to  be certified to the county election commission or registrar by the qualifying deadline for the primary; if no primary is held, certification must be made  by noon on the third Thursday in May; amends 2-13-203(d) to provide that candidates for March  primaries and  delegate-candidates must qualify by the third Thursday  in January.

Effective July 1, 1995.

Public Chapter 88    Senate Bill 1509 House Bill 1376
Early voting procedures  “housekeeping” act; amends 2-6-105, -108, -109, -111 and -304 to delete the requirement that ballot envelopes be used for early voting  ballots; deletes “under 2-3-101" from 2-6-101(b) to remove confusion about designation of early voting satellite locations; amends 2-6-304(e) to allow removal of early voting results from election machines in accordance with rules promulgated by the Coordinator of Elections so that counties can use machines for early voting and on election day, but votes must be removed so that no vote totals can be associated  with any candidate at the time of removal, the county election commission  must notify candidates and parties of the place and time when vote totals will be removed, and votes for any candidate cannot be totaled until after all polls in the  county are closed; amends 2-5-211 to require that a sample ballot, containing the names of all candidates for all offices, be printed in a newspaper at least 5 days  before the beginning of early voting, in addition to being printed before the election.

Effective April 6, 1995.

Public Chapter 196 Senate Bill 600 House Bill 1012
Amends 2-2-138(b) to provide that the list of registered voters and other compiled voter registration information must be available for purchase at a price not to  exceed the cost of production; the state election commission is required to establish a  uniform cost for this information; any county election commission whose actual cost exceeds the rate established may petition the state for an increase.

Effective July 1, 1995.

Public Chapter 393 House Bill 1560 Senate Bill 1671
Amends 2-7-103 to allow a child under 17 to accompany his or her parent or guardian into the polling place and into the voting booth to observe the voting process.

Effective July 1, 1995.

Public Chapter 444    Senate Bill 1632 House Bill 1574
Amends 2-13-303 and 2-13-318 to allow statewide political parties to allocate delegates in accordance with either the national or state party charter, rules and bylaws.

Effective June 12, 1995.

Public Chapter 531    House Bill 89 Senate Bill 79
Enacts the Campaign Contribution Limits Act of 1995, 2-10-301 et seq., to be administered by the registry of election finance; aggregate contributions per election  to a candidate for any office elected by statewide election cannot exceed $2,500 from any one person, $7,500 from a multicandidate political campaign committee,or $250,000 from the candidate’s personal funds, and no more than 50% of the candidate’s total contributions can come from multicandidate political campaign committees;aggregate contributions per election to a candidate for senate cannot exceed $1,000 from any one person, $7,500 from a multicandidate political  campaign committee, or $40,000 from the candidate’s personal funds, and no more than 50%  of the candidate’s total contributions can come from multicandidate  political campaign committees; aggregate contributions per election to a candidate for any other state or political office cannot exceed $1,000 from any one person,  $5,000 from a multicandidate politicalcampaign committee, or $20,000 from the candidate’s personal funds, and no more than $75,000 can come from multicandidate political campaign committees; all contributions made by political campaign committees controlled by a political party on the national, state or local level, or by a caucus of the political party established by members of either house of the General Assembly, will be considered made by a single committee, and  these contributions cannot exceed, per election, $250,000 for a candidate in a statewide election,$40,000 for a candidate for senate, and $20,000 for a candidate for  any other state or local office; maximum penalty for violation is $10,000 or 115% of all contributions made  or accepted in excess of the limits imposed, and if not  paid within 30 days after the assessment becomes final, the candidate will be ineligible to qualify for any state or local office; prohibits certain fundraising by or on behalf of members  candidates for the General Assembly during legislative session; prohibits lobbyists, their employers, and multicandidate campaign committees controlled by either of them, from contributing to candidates for Governor, General Assembly or PSC during legislative session; excess funds for election to a local public office are not eligible for transfer to a campaign account for election to the General Assembly or Governor; requires independent candidates for offices which have a primary to file primary reports regardless of whether the candidate appears on the primary ballot; requires campaign financial disclosure statements to contain the dates of contributions and expenditures; prohibits contributions by multicandidate campaign committees (other than committees controlled by a party or party caucuses established by either house of the General Assembly) to candidates within 10 days of an election.

Effective June 13, 1995 for rulemaking only; applies to contributions and expenditures made after January 1, 1996.

 

EMERGENCY SERVICES

Public Chapter 62      Senate Bill 427 House Bill 574
Amends 7-86-126 to require emergency communications district funds to be secured by collateral in the same manner as state deposits or in a  collateral pool  created under Title 9, Chapter 4, Part 5.

Effective April 5, 1995.

 

FINANCE

Public Chapter 63     Senate Bill 428 House Bill 576
Reenacts the Emergency Financial Aid to Local Government Law in Title  9, Chapter 13, which expired in  1993. Allows the state funding board to guarantee loans made to local governments and allows local governments to issue notes extending beyond the current fiscal year under certain emergency financial conditions. Includes any local government, including enterprise funds, and specifies that the local government is required to pledge state-shared taxes to make payments on the  loan.

Effective April 5, 1995.

Public Chapter 67    Senate Bill 591 House Bill 1105
Amends 9-21-203 to increase the general obligation bond issue amount which  requires publication of a notice of sale in a New York , New York newspaper of national circulation from $1 million to $5 million.

Effective April 5, 1995.

 

HIGHWAYS

Public Chapter         135    Senate Bill 1660 House Bill 1651
Amends 54-4-203 and 67-6-103, allowing municipalities to take 3 special censuses (changed from 2) during the time between the regular decennial federal census, to determine population for the apportionment of money from the transportation equity trust fund and the municipal street aid fund.

Effective April 21, 1995.

Public Chapter 161   House Bill 383 Senate Bill 384
Amends 67-3-820 and 67-3-818 regarding the sale of tax exempt dyed diesel fuel. Provides that dyed diesel fuel, which is legal for exempt use only, is a nontaxable  product and therefore purchasers are not required to obtain a prepaid user authorization or limited user permit nor to execute an exemption affidavit. Sellers of this fuel outside the bulk transfer terminal are required to include the following statement on the invoice or on the pump: “DYED  DIESEL  FUEL -  NONTAXABLE USE ONLY - PENALTY FOR TAXABLE  USE.”

Effective May 1, 1995.

Public Chapter 179   Senate Bill 1020 House Bill 1103
Amends 54-7-112 to delete the requirement that the county highway inventory be filed with the comptroller and the commissioner of transportation, and provide that the inventory will be filed with the county executive (see summary under PURCHASING).

Effective July 1, 1995.

Public Chapter 245   House Bill 886 Senate Bill 414
Amends  sections in Title 67, Chapter 3, Part 8 pertaining to requirements for sale  and use of tax exempt, dyed fuel, clarifying definitions and requirements for  dyed and undyed fuel. Eliminates references to prepaid  user  permits to reflect change in  law requiring them (Public Chapter 161, above). Requires notice on  delivery document, invoice, and pump that dyed fuel is for nontaxable use only, and prescribes penalties for violations. Retains requirement that operators of   retailfilling stations must maintain invoices for sales of undyed fuel for 3 years from December 31 of the year in which the sale occurred; prohibits these retailers from  delivering or purchasing for resale any dyed fuel. Establishes enforcement and penalty provisions. Enacts sales tax exemption applying to purchase of used automobile by  a dealer from the dealer’s own inventory.

Effective January 1, 1996 for most purposes; deletion provisions effective January 1, 1988; sales tax provision effective May 15, 1995.

Public Chapter 254    House Bill 934 Senate Bill 1006
Amends 5-7-105 to allow the location of a county highway department garage  outside of the boundaries of the county seat  town.
 
Effective May 19, 1995.

Public Chapter 263    House Bill 948 Senate Bill 1007
In counties under the County Uniform Highway Law, this act creates a presumption of law  that the chief administrative officer of the county highway department has the authority to sign agreements on behalf of the county with the state department of transportation. This presumption may be overcome only if the county legislative body gives notice to the state that the chief administrative officer does not have such authority.

Effective May 24, 1995.

Public Chapter 478    House Bill 1390 Senate Bill 1698
Authorizes the county legislative body, by 2/3 vote, to adopt an alternative procedure for closing public roads in the county. Under this procedure, an application  to close a public road is made to the chief administrative officer of the county highway department. The chief administrative officer gives notice of this   application to interested parties (adjacent property owners). The chief administrative  officer makes a recommendation to the regional planning commission regarding whether or not the public road should be closed. The regional planning commission then provides written notice to affected property owners or newspaper notice of an impending recommendation 14 days prior to making the planning commission’s recommendation to the county legislative body. After receiving the recommendation from the regional planning commission with the recommendation  of the chief administrative officer attached, the county legislative body may, by  resolution, or the closure of the public road.

Effective June 12, 1995.

 

PERSONNEL

Public Chapter 182    House Bill 173 Senate Bill 254
Amends 30-2-103 to give employees the right to designate a beneficiary to receive payment of any wages or salary due the employee at the time of the employee’s death, and to encourage employers to inform employees of this right at the time the employee is hired.

Effective July 1, 1995.

Public Chapter 422    Senate Bill 382 House Bill 1268
Enacts 50-1- to grant qualified immunity to employers who, upon request of a prospective employer or a current or former employee, provide truthful, fair and unbiased information about a current or former employee’s job performance; employers will be presumed to have been acting in  good faith unless the disclosure is shown to have been knowingly false, deliberately misleading, malicious, disclosed in reckless disregard for its falsity or defamatory nature, or in violation of the  person’s civil rights under current employment discrimination laws.

 Effective June 12, 1995.
 
Public Chapter 502    House Bill 1791 Senate Bill 1779
Amends 50-7-302(a) relative to eligibility for unemployment benefits to require participation in reemployment services if the claimant is likely to exhaust regular benefits and need such services; amends 50-7-303(a)(4) to delete the right of an employer whose premises are involved in a labor dispute to appeal to the  commissioner of employment security the awarding of benefits to claimants who were not involved in the labor dispute; amends 50-7-302(a) to make ineligible for  benefits claimants who left their most recent employment to avoid taking a drug or alcohol screening test, or after receiving a positive result.

Effective June 12, 1995.

Public Chapter 503    House Bill 1793 Senate Bill 1781
Amends 50-7-303(c)(1) to deny unemployment benefits to claimants who have accepted their employer’s monetary incentives (other than separation allowances,severance pay and similar payments) to voluntary terminate their employment, so long as the monetary incentive is greater than the maximum amount of benefits the claimant is eligible to receive; amends 50-7-303(d)(2) to shorten to 90 days (from the date of determination of an overpayment) the time within which a claimant may apply to the commissioner for a waiver of repayment of an overpayment; amends 50-7-303 to require an employer to report back pay awards or settlements to  the department, and requires the employer to reduce the amount of the award or settlement by an amount based on the benefits received by the recipient during the   period and to reimburse the department that amount; amends 50-7-304(b)(2) to provide that claimants will not be required to repay overpayments following a decision  adverse to the claimant which results from the employer’s failure to appear for a scheduled hearing; amends 50-7-404(c) to require, effective for quarters beginning January 1, 1997, employers with 250 or more employees to file the portion of the wage and premium report containing name, social security number, and gross  wages on magnetic media; enacts 50-7-404(k) to empower the commissioner  to cause an employer’s corporate charter or authority to do business in Tennessee to  be revoked for nonpayment or failure to file quarterly reports.

Effective June 12, 1995.

 

PLANNING AND ZONING

Public Chapter 98    Senate Bill 923 House Bill 1201
 Amends 13-3-101 regarding appointment of regional planning commissions  to provide that regional planning commissions in single county planning regions  are to be selected by the county executive, subject to confirmation by the county legislative body (formerly appointed by the Department of Economic and Community  Development). Vacancies are to be appointed by the same method. Members of planning commissions  who are serving on the effective date may continue to serve.

Effective April 11, 1995.

Public Chapter 465   House Bill 631 Senate Bill 512
Enacts the “Agricultural District and Farmland Preservation Act of 1995". Agricultural districts must contcontain at least 250 contiguous acres and may include any  number of individual property ownerships; however, no single ownership can contain less than 15 acres. All ownerships in the district must be engaged in agricultural production. Districts are formed by landowners petitioning the local Soil Conservation District Board of Supervisors requesting designation as a district. Once an agricultural district is formed, any landowner who has received notice of a condemnation proceeding in the district may request the local Soil Conservation District to conduct a public hearing to review the project’s impact on that property. However, condemnation will proceed after the hearing unless  the condemning  government decides not to proceed.

Effective June 12, 1995.

 

PUBLIC RECORDS

Public Chapter 70    Senate Bill 804 House Bill 1104
Amends 9-2-105 to provide that receipt books shall be retained and disposed of according to law, unless otherwise directed by the comptroller of the  treasury.

Effective April 5, 1995.

Public Chapter 257  House Bill 1454 Senate Bill 203
Amends 68-11-302(4) to include within the definition of “hospital,” for purposes of the Medical Records Act of 1974, clinics operated by county health departments and district health departments.

Effective May 19, 1995.

Public Chapter 411   Senate Bill 1419 House Bill 1115
Amends 33-3-104(10) to prohibit disclosure of a minor child’s mental health records to a person known to have been accused of abuse or neglect of the child except by court order, or pursuant to a determination of the child’s mental health professional that the disclosure would not be harmful to the child and the accused person  is the parent, guardian or custodian of the child.

Effective June 6, 1995.

 

PURCHASING

Public Chapter 74    Senate Bill 1481 House bill 1173
Amends Title 12, Chapter 10, relative to public building authorities, to authorize governmental entities (including counties) to contract with an authority for the  construction, operation and/or maintenance of property owned or leased by a third party to the governmental entity, to authorize authorities to maintain common  accounts and make certain purchases which are $5,000 or under without competitive bids, and to authorize authorities to contract for services by public invitation  for proposals and for construction projects either by invitation for proposals or competitive bids.

Effective April 5, 1995.

Public Chapter 176   Senate Bill 295 House Bill 302
Enacts 12-3-10 to authorize local governments with populations over 150,000 to make purchases under $10,000 without competitive bids or proposals, but  allows  these local governments to retain their present competitive bidding requirements or establish different limits by private act or charter amendment; contains special provisions for metropolitan governments.

Effective May 5, 1995.

Public Chapter 179   Senate Bill 1020 House Bill 1103
Amends 5-14-108, 5-14-202, 5-14-204, 5-14-205, 54-7-113, 49-2-203(a), and   6-56-306 to raise to $5,000 the amount for which public advertisement and competitive  bids are required for local government purchases  (with purchases under $5,000 to be based on at least 3 competitive bids whenever possible); repeals  8-4-112  relative to audit and payment of costs by the state in criminal cases; repeals 5-8-504 which granted a reduced cost of 75% for audits in counties where all officials and agencies were in compliance; amends 8-15-101 to require counties to obtain the comptroller's approval before employing private auditors; amends 8-15-  103 to correct an error and to require a copy of the audit to be furnished to the comptroller; amends 54-7-112  to delete the requirement that the county highway  inventory be filed with the comptroller and the commissioner of transportation, and provide that the inventory will be filed with the county executive.

Effective July 1, 1995.

Public Chapter 342    House Bill 914 Senate Bill 1009
Enacts 62-6-1  under  the Contractors Licensing Act to provide that, in  addition to   the requirements of 12-4-201, governmental entities (including  schools)  contracting for the services of a construction manager  must either: (1) at the time of submittal of bids, require that each bidder post a bid  bond in  the amount of  10% of the value  of the services proposed and the work to be supervised, or (2) prior to awarding the contract, require that the successful bidder provide payment  and performance bonds equal to the combined monetary value of the services of the construction manager  and the value of the work to be managed.

Effective May 25, 1995.

 

REGISTER OF DEEDS

Public Chapter 30    Senate Bill 250 House Bill 501
This act amends several provisions of the Tennessee Code affecting the Register.  The following is a detailed summary of this new public chapter.

SECTION 1 -- Generally, Section 1 amends 8-13-108 to update the law regarding the duties of the county register in receiving instruments, making entries in the  notebook and on the instruments being registered, to conform this statute with other statutes affecting the duties of the register and with the use of modern methods of record keeping.The new section 8-13-108 has the following specific  provisions:

The amendatory language of Section 1, subdivision (1) adds a new provision stating that it is a duty of the register  to determine whether  or not an instrument is  entitled  to registration. Subdivision (2) provides that if the instrument is  accepted for registration, the register must note on the instrument the time the instrument is actually received by the register (not when entered into the notebook). All mail received together would receive the same time. This subdivision incorporates the ruling case law on this subject, and is meant to clarify practice regarding entering on the instrument and in the notebook the time the instrument is received.Subdivision (3) maintains the former law's requirement that a notebook (presently referred to as a "well bound book" in Section 8-13-108(a)(1)) be kept, but revises the information required to be placed in the notebook to conform to current practice and needs. The current law's requirement for columns for "county" and "no. of  acres" is omitted as unnecessary. The act provides for noting the day, hour and minute of reception of the instrument while former law only requires the "date".     

Subdivision (3) amends the law to make clear that a separate notebook may be kept for uniform commercial code instruments. This subdivision also makes clear that  the  notebook is a permanent record, but that it may be maintained as a bound book or as computer media so long as statutory safeguards found in 10-7-121 are  used.Subdivision (4) reconciles the noting of the time of reception on the instrument with the order of entry in the notebook, since it is often impossible to make entries in the notebook in exactly the correct order of reception without undue delay in making the entry. Therefore, this subdivision requires the register to make  entries in  the notebook as soon as is practically possible, but recognizes that registration entry in exact order of reception (as required under former subdivision  (3)) is impossible  in offices with a great volume of instruments being received. However, the new subdivision (4) requires that no instrument received on a certain day be entered into the notebook after an instrument received on a later day.

Subdivision (5) requires the register to record or file the instrument in the appropriate book or record series.

Subdivision (6) requires the register to certify on the instrument the fact of registration on each instrument registered, the time received, where it is noted in the notebook, and where it is recorded or filed and the amount of fees and  taxes  received, if any. This modifies the law, as the place of recording or filing (book and   page, etc.) and the amount of fees and taxes paid formerly was not required to be placed on the instrument, although they were commonly added in practice.         

Subdivision (6) also allows the register to add a page to an instrument when the instrument offered does not contain sufficient space to enter the required  certification information, and removes the former requirement that this certification be entered at the foot the instrument.

Subdivision (7) restates the former subdivision (5) to emphasize that all recorded copies of deeds and deeds of trust are to be preserved as permanent records  instead  of the former language which stated that the register is to "carefully preserve, and arrange in alphabetical order, all deeds deposited with the register for registration". The reference to alphabetical order is obsolete as deeds are not preserved in alphabetical order, only indexed using an alphabetical reference system.

Subdivision (8) restates the former subdivision (6) regarding exhibition of deeds and the notebook to state that all instruments (not just deeds) in  the register's office  are to be exhibited and are available for inspection by all persons.The new language  adds the clause that this inspection is limited to regular business hours.

This act also removes the presently superseded fee of 50¢ per page for certified copies in the former subdivision (7). Charges for certified copies of instruments  are specifically authorized in 8-21-1001 and 47-9-407 (UCC instruments) at $1.00 per page.

SECTION 2 -- Section 2 removes  the exemption from paying register's filing fees   on deeds of trust where the Tennessee Local Development Authority is the secured party and the deed of trust is used in financing a project for the construction of a mental health or mental retardation facility.

SECTION 3 -- Section 3 repeals 68-221-408 which prohibits a county register from recording a subdivision plat as defined in 68-221-402 (regarding subdivisions with  subsurface sewerage disposal systems), without the approval of the commissioner  of environment and conservation (or his or her  designee).

SECTIONS 4, 5 and 6 -- Section 4 amends 66-11-142, to change the former procedure whereby the register approved personal sureties on bonds to indemnify  against mechanics' and materialmen's liens to one where only corporate sureties may be used and approval by the register is not required. The register is to record the bond and return the bond to the person providing the bond, instead of the original bond being filed for safekeeping. Similarly, Section 5 requires the register to record instead of file a copy of a payment bond provided by a general contractor for the benefit of potential lien claimants and is used to discharge a lien. Section 6 allow s the register to record any of the bonds previously filed under  this  law and return the original to the person providing the bond. This  would allow  one set of recorded records (bonds) instead of one set filed and one set   recorded.

Effective July 1, 1995.

Public Chapter 52       House Bill 491 Senate Bill 577
Provides that certificates of acknowledgment used in another state, territory or  foreign country by a person whose authority is recognized under 66-22-103 or 66-  23- 104 shall be accepted in Tennessee if the certificate is in a form prescribed by the laws of this state or by the laws or regulations applicable in the other state, territory or country.

Effective March 29, 1995.

Public Chapter 100    Senate Bill 112 House Bill 282
Amends 67-4-409 to provide that the transfer tax is not due until title to the property is transferred by deed. Therefore, the transfer tax will not be collected on contracts  for the sale of land. This act does not amend the tax on indebtedness commonly  called the “mortgage tax”.

Effective April 17, 1995.

Public Chapter 162    House Bill 492 Senate Bill 576
Amends 66-24-101(a)(15) allow the registration of summaries or abstracts of leases of more than three years duration.

Effective May 1, 1995.

Public Chapter 403    Senate Bill 575 House Bill 965
Amends 48-247-103 regarding limited liability companies (LLCs) to require that in addition to filing company organizational documents with the secretary of state, the LLC is required to file a copy of all such documents with the office of the register of deeds in the county wherein the LLC has its principal office. The register may charge $5.00 plus 50 cents per page in excess of 5 pages for such filing.

Effective June 6, 1995 except for certain provisions not relevant to  registers.

 

RETIREMENT

Public Chapter 164    House Bill 679 Senate Bill 1048
Enacts 8-35-2 to authorize TCRS to administer, on behalf of a political subdivision, a pre-existing qualified public employee retirement plan maintained by the  political subdivision, upon request of the governing body of the political subdivision, provided that the plan is suitable for efficient administration by TCRS; amends 8-34-606(a) to provide that retirement credit for educational leave may be obtained only if the member returns to work within one year following the leave period; amends  8-35-  107 and 8-35-217(a) to prohibit establishment of temporary employment  periods after July 1, 1995; amends 8-35-218 to authorize local governments to rescind resolutions to withdraw from TCRS by simple majority and to allow them to rejoin once; amends  8-35-236 to delete requirement that payments due to establish credit  for  prior  service  be  paid  within 6  months; amends 8-36-121(d) to authorize a surviving spouse named as co-beneficiary to receive periodic payments rather than lump sum; amends 8-36-805 to impose 60-day waiting period before reemployment after retirement; amends 68-2-1118 to  make community health agencies eligible for participation in TCRS; amends 8-37-104(a) and enacts 8-37-1 relative to TCRS investments in foreign securities.

Effective May 1, 1995.
 
Public Chapter 235    Senate Bill 1003 House Bill 634
Enacts 8-35-2 to authorize the Tennessee Association of Assessing Officers to become a participating employer in TCRS; all costs will be the responsibility of the  association.

Effective May 12, 1995.

Public Chapter 300    Senate Bill 1522 House Bill 1348
 Amends 8-34-621 and 8-35-236 to authorize retired TCRS members as well  as current members to establish retirement credit for previous temporary or seasonal  employment, and for previous employment with a political subdivision at the option of the participating political subdivision.

Effective May 26, 1995.

Public Chapter 310    Senate Bill 164 House Bill 334
Enacts 8-27-3  to authorize TCRS to make deductions from the retirement benefits  of retired teachers or other retired local government employees for payment of  insurance premiums for any local government  group insurance coverage provided to such retirees.

Effective May 30, 1995.

Public Chapter 479    House Bill 1401 Senate Bill 1039
Amends 8-34-101(4)(B)(i) to extend the discontinuation date  for  increases  in average earnable compensation to June 30, 1996.

Effective June 12, 1995.

 

SHERIFFS

Public Chapter 11       Senate Bill 57 House Bill 55
Amends 40-35-321 regarding collection and DNA analysis of biological specimens  of adults convicted of a sex crime or juveniles adjudicated delinquent for a sex offense. Provides that the biological specimen is to be forwarded to the TBI by the approved agency or entity collecting the specimen instead of the court or the chief administrative officer of the jail.

Effective March 17, 1995.

Public Chapter 42    Senate Bill 587 House Bill 193
Requires the department of safety to maintain records of placards and license plates for disabled persons on the department’s computer system in a manner that will be readily accessible to law enforcement officers.

Effective July 1, 1995.

Public Chapter 51    House Bill 366 Senate Bill 807
Amends 40-35-311 to provide that an arrest warrant for a person who has violated conditions of probation, or has violated state law while a sentence is suspended,
may be executed by a probation officer or any peace officer of the county in which  the probationer is found, regardless of whether the defendant is on probation for a misdemeanor or felony, or whether the arrest warrant is issued by a general sessions court judge or a judge of a court of  record.

Effective March 30, 1995.

Public Chapter 112   Senate Bill 730 House Bill 643
Amends 55-9-602 to require all children 4 to 12 years of age to use an approved passenger  restraint system whether in the front or the back seat, unless the child is in the back and all seat belts are in use. Violation is  a  Class C  misdemeanor, although allows submission of a $10 fine for a first offense or a $20 fine for subsequent offenses in  lieu of  court appearance. Also provides  that no court costs or litigation tax are to be imposed for violation of this subsection, although other subsections requiring child restraints for children 0 to 4 years of age do not contain this provision.

Effective July 1, 1995.

Public Chapter 118   House Bill 782 Senate Bill 2
Amends 39-13-513 and 39-13-514 to provide that prostitution and patronizing prostitution is a Class B misdemeanor, but becomes a Class A misdemeanor if  committed within 100 feet of a church or within one and one-half  mile  of a school. A person convicted of prostitution or patronizing prostitution must have  punishment of at least 7 days of incarceration and a fine of a least $1,000 in addition to any other authorized punishment.

Effective July 1, 1995.

Public Chapter 120   House Bill 1023 Senate Bill 785
Authorizes any department, agency or office to sponsor or participate in a “sober ride program” in conjunction with the county sheriff’s department. The program may  include, but is not limited to the provision of rides to person who request transportation to avoid driving while under the influence of any intoxicant or drug.

Effective June 1, 1995.

Public Chapter 131   Senate Bill 1144 House Bill 1266
 Amends 38-6-113, 40-35-321 and 40-35-321 to add child rape or attempted  child rape to the list of offenses wherein convicted adults or children adjudicated  delinquent are required to give biological specimens for DNA analysis.

Effective July 1, 1995.

Public Chapter 139    House Bill 348 Senate Bill 1336
 Amends 55-7-203(7) to allow farm trucks to have a 10% margin of error on the true gross or axle weight with respect to weight restrictions on the state highway system other than the interstate system.

Effective April 20, 1995.

Public Chapter 140     House Bill 1739 Senate Bill 1607
Exempts certified police cyclists from various provisions of the code dealing with the use and operation of bicycles.

Effective June 1, 1995.

Public Chapter 154    Senate Bill 1029 House Bill 764
Amends 8-36-108 to allow death benefits under the Tennessee Consolidated Retirement System which are received by surviving spouses of those dying in the line of duty to continue after the surviving spouse remarries.

Effective May 1, 1995.

Public Chapter 187    Senate Bill 9 House Bill 33
Amends 41-2-128(c) to authorize judges to directly sentence persons convicted of second offense DUI or driving without a valid license to a work release program if  certain conditions are met. These conditions include an investigative report confirming the defendant’s employment and the employer’s willingness to participate in  the program, a plan acceptable to the judge is developed to  monitor  the  defendant’s whereabouts while at work and the defendant agrees to defray the cost of  incarceration and treatment to the best of his/her ability. Under this program the defendant must agree to be screened, at least daily, for consumption of alcohol  or illegal drugs, and the defendant cannot drive a motor vehicle.  The judge at the time of sentencing affixes the time and manner in which the defendant is to pay the costs. A county which uses this alternative must keep records sufficient to allow any annual determination of whether such participation diminishes the effectiveness  of the punishment afforded by 55-10-403(a). The county legislative body of any county which uses this alternative work release program must conduct a public hearing annually to examine and evaluate the program. Public notice of this public hearing must be given at least 30 days prior to the meeting. The county legislative body must certify the program if it finds it is operated in accordance with law, and if not , the county legislative body will transmit this failure to certify to all judges in  the county  having jurisdiction  over  DUI  offences.

Effective May 9, 1995.

Public Chapter 205    Senate Bill 1499 House Bill 1751
Enacts new part in Title 16 regarding service of process authorizing sheriff, deputy sheriff, or constable to serve regular process in general sessions court with the same authority as in other inferior courts. Describes procedure for service of counties, individuals, corporations, partnerships, and associations; allows service by certified return receipt mail. Requires sheriff to designate a court officer to  wait  on  the general sessions court.

Effective May 9, 1995.

Public Chapter 207    House Bill 1 Senate Bill 377
Enacts the “Post-Conviction Procedure Act”. Provides a new  procedure  for  petitions for post-conviction relief in criminal cases based on constitutional issues.Imposes a time limit of one year from the date of final action in the state appellate courts, with some exceptions. A post-conviction proceeding is commenced by filing a written petition with the clerk of the court in which the conviction occurred. No filing fee. Petitions challenging misdemeanor convictions not in a court of  record  are to be filed inn a court of record having criminal jurisdiction in the county. Petitions are filed whether or not complete. Petitioner must include all claims for  relief and verify this under oath. Affidavits, records and other evidence supporting  the petition  may be attached to it. Specifies several duties of clerks. The sheriff may transport the prisoner to court if the court so orders or the warden is unable to  do so. The sheriff is entitled to transportation costs as in criminal cases upon  presentation to the account certified by the judge and the district attorney general. The Supreme Court will develop a form petition which shall be made available to the prisoner in the prison and other places of detention and in the office of the clerk of  any court of record having criminal jurisdiction, without cost to the potential petitioner. Costs are taxed as in criminal cases.

Effective May 10, 1995.

Public Chapter 216    House Bill 961 Senate Bill 703
Amends 39-17-1002 regarding the definition of sexual activity under the Tennessee Protection of Children Against Sexual Exploitation Act by including “lascivious exhibition of the female breast”.

Effective July 1, 1995.

Public Chapter 296    Senate Bill 1212 House Bill 1090
Amends 39-13-512 to redefine prostitution to include offering to engage in sexual activity as a business as well as engaging in sexual activity as a business or  loitering in a public place for the purpose of being hired to engage in sexual activity.

Effective July 1, 1995.

Public Chapter 308    Senate Bill 82 House Bill 259
Provides that anyone who operates or uses a sport shooting range is not subject to civil liability, criminal prosecution, court injunction, or action for nuisance on the  basis of noise pollution if the range complies with any noise control provisions in effect at the time the range was constructed and began operation. Regulations adopted by  any state agency regarding outdoor noise levels do not apply to sport shooting ranges exempted from liability under this act.

Effective July 1, 1995, although affects no rights, liabilities, or proceedings before that time.

Public Chapter 315    Senate Bill 265 House Bill 222
 
Amends 41-2-111 to change the membership of the disciplinary review board for each jail or workhouse from 3 members (1 staff and 2 volunteer citizens) to 6 impartial members, one or more of whom may be members of the jail or workhouse staff. Deletes subsection (c)(2) which provided that in a Class I county (Shelby  and Davidson) the board members would be appointed by the mayor of the county or metropolitan government instead of the sheriff or workhouse superintendent as in all other counties, subject to the approval of the county legislative body. 

Effective May 30, 1995.

Public Chapter 331    Senate Bill 1325 House Bill 891
Creates the offense of car jacking and defines it as the intentional or knowing taking of a motor vehicle from the possession of another by use of a deadly weapon or force or intimidation. Makes car jacking a Class B felony.

Effective July 1, 1995.

Public Chapter 335    House Bill 339 Senate Bill 53
Provides that any person who drives a motor vehicle or operates a boat shall be deemed to have given consent to a blood test for alcohol or drug  content administered at the direction of a law  enforcement  officer  having  reasonable grounds to believe that such person was driving or boating under the influence of an intoxicant or drug. Immunizes hospitals and medical personnel form liability under state law for the act of withdrawing the blood, except damages for negligence  in withdrawing the blood, when this is done at the written request of the law enforcement officer. Lists types of medical personnel who may withdraw blood for tests under this law.

Effective May 30, 1995.

Public Chapter 361    House Bill 1788 Senate Bill 1776
Amends 40-35-321(b) relative to collection of biological specimens for  DNA analysis from persons convicted of actual or attempted rape, aggravated rape, sexual battery, aggravated sexual battery or incest, to provide that if the person is not incarcerated at the time of sentencing the county or distric t health department is  required to collect the specimen, and if the person is incarcerated the chief administrative officer of the institution of incarceration is required to designate a qualified person to collect the specimen.

Effective May 30, 1995.

Public Chapter 374    House Bill 1608 Senate Bill 1634
Authorizes law enforcement officers to enforce traffic laws on privately owned streets that are dedicated as rights of way for traffic and are located within a  residential development having a combination of single family dwellings and multi- family dwellings, upon petition from a majority of the residents of the development submitted to the local governing body requesting such  enforcement.

Effective May 30, 1995.
 
Public Chapter 378      House Bill 1770 Senate Bill 1755
Amends 39-17-315 to redefine the offense of stalking. A person commits the offense of stalking who intentionally and repeatedly follows or harasses another person in such a manner as would cause that person to be in reasonable fear of being assaulted, suffering bodily injury or death. The words “follows”,“harasses”, and “repeatedly” are defined. A second or subsequent offense involving the same victim and occurring within 7 years of the prior conviction is a Class C felony.

Effective July 1, 1995.

Public Chapter 415     House Bill 307 Senate Bill 836
Amends 39-13-213(b) to make vehicular homicide a Class C felony, unless it is the proximate result of driver intoxication, in which case it is a Class B felony.

Effective June 2, 1995.

Public Chapter 417      Senate Bill 25 House Bill 1040
This is an optional law that becomes effective in the county upon adoption by a 2/3 majority vote of the county legislative body. Upon adoption, it authorizes law enforcement agencies to appoint volunteers as special deputies with powers limited to the enforcement of traffic laws relating to parking privileges for handicapped persons. Each such volunteer must be either a disabled veteran or a physically handicapped person who is over 21 years of age. The volunteer must receive training before being authorized to issue citations. Authorizes Davidson County to establish a special enforcement unit, whose members may be paid as an employee, but who shall not be considered law enforcement officers and who do not  have arrest powers, to enforce parking laws and ordinances regarding parking by disabled persons.

Effective July 1, 1995, but applicable only upon adoption by a 2/3 majority of the county legislative body.

Public Chapter 421      Senate Bill 226 House Bill 890
Prohibits adult-oriented establishments, except those offering only live stage adult entertainment in a theater, adult cabaret or dinner show setting, from opening before 8:00 A.M. Monday through Saturday and from staying open after midnight Monday through Saturday. Prohibits such establishments from opening on Sunday or a legal holiday designated by state law. Authorizes local ordinances, resolutions or private acts to establish opening hours which are later than 8:00 A.M. and closing hours which are earlier than midnight, but the local law cannot extend such hours.Prohibits partitions in adult-oriented establishments designed to facilitate sexual activity between persons on either side of the partition. Also closed off booths are prohibited, and such booths must be lighted. A first offense violation is a Class B misdemeanor punishable by only a fine of $500; and a second or subsequent such offense is a Class A misdemeanor.

Effective July 1, 1995.

Public Chapter 434       Senate Bill 1234 House Bill 596
Amends 39-17-1315(b)(2) to provide that the background investigation of a person prior to issuance of a handgun permit by the sheriff may include both a state and federal fingerprint history check.

Effective July 1, 1995 and applies to any handgun permit application filed on or after such date.

Public Chapter 440        Senate Bill 1560 House Bill
Requires the chief administrative officer of any local jail or workhouse housing prisoners serving sentences on nonconsecutive days or in any manner other than continuous confinement or day for day, to formulate and reduce to writing the method by such facility calculates the service of an hour, day and month. The chief administrative officer of the jail or workhouse is required to submit such written formulation to the county legislative body (or city governing body for a municipal jail) at the first meeting of such body after July 1, 1995. The county or city legislative body shall approve or modify the sentence calculation. Upon approval by the legislative body, the chief administrative officer of the facility shall publish it and cause it to be prominently posted at the local jail, workhouse or facility. Requires that the first 48 hours of any DUI sentence that a defendant is permitted to serve on non-consecutive days, shall be served hour for  hour.

Effective July 1, 1995.

Public Chapter 460         Senate Bill 1749 House Bill 1764
Redefines first degree murder and second degree murder. First degree murder is defined as (1) a premeditated and intentional killing of another; (2)  a  killing  of another committed in the perpetration of, or attempt to perpetrate any first degree murder, arson, rape, robbery, burglary, theft, kidnaping, aggravated child abuse or aircraft piracy; or (3) a killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb. Defines premeditation and removes references in prior law to “deliberate  act”. Second degree murder is defined as the knowing killing of another or a killing of another which results from the unlawful distribution of any Schedule I or Schedule II drug when such drug is the proximate cause of the death of the   user.

Effective July 1, 1995.

Public Chapter 467           House Bill 808 Senate Bill 790
Amends 39-16-603 dealing with the offense of evading arrest, and makes it an offense for a person while operating a motor vehicle to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from such officer to bring the vehicle to a stop.  A violation of this law is a Class E felony unless the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other  third parties, in  which case the  offense is a Class D felony. In addition to these penalties, the court must order the suspension of the person’s driver’s license for a period not less than 6 months nor more  than 2 years.The court is to confiscate the license being suspended and forward it to the department of safety along with a report of the suspension which will include the  name, address, birth date, eye color and sex  of the defendant, along with the driver’s  license number, if known, and indicate the first and last  day of the suspension period. If the person is from another state, the court will not confiscate the license, but will make  a report to the other state’s licensing officials.

Effective July 1, 1995.

Public Chapter 472            House Bill 960 Senate Bill 282
Amends 41-2-134(c) regarding the composition of work release commissions. Provides that in Davidson County the work release commission be composed of  from 3 to 12 members who shall meet as 3 member panels. In other counties the commission will have 3 members (same as former law).  In all counties, the sheriff or workhouse superintendent appoints the members of the commission subject to approval of the county legislative body. Each member serves a termof 4 years. Any person appointed to fill a vacancy serves until the remainder of the unexpired term.

Effective June 1, 1995.

Public Chapter 484             House Bill 1538  Senate Bill  1708
Amends 39-13-503 to redefine rape to include sexual penetration without the consent of the victim when the defendant knows or has reason to know  at the time of the act that the victim did not consent. Amends 39-13-505 to redefine sexual battery to include sexual contact without the consent of the victim when  the defendant knows or has reason to know at the time of the act that the victim did not consent.

Effective July 1, 1995.

Public Chapter 486              House Bill 1558 Senate Bill 1674
Amends law regarding abuse of elderly persons. Provides that wilful physical abuse or gross neglect of an impaired adult with resulting serious mental or  physical harm is punishable as an aggravated assault.

Effective June 12, 1995.

Public Chapter 487               House Bill 1593 Senate Bill 1718
Amends 41-4-140 to provide that the Tennessee corrections institute has the power and duty to establish guidelines for the security of local jails, lock-ups, workhouse and detention facilities for the purpose of protecting the public from criminals and suspected criminals by making such facilities more secure.

Effective July 1, 1995.

Public Chapter 492              House Bill 1762 Senate Bill 1747
Amends 40-35-501 to provide that person convicted of certain listed felony offenses must serve 100% of the sentence imposed, less sentence credits earned and retained. However, no sentence reduction credits can operate  to reduce the sentence by more than 15% and this does not affect the provisions that  require child rapists and multiple rapists to serve the entire sentence undiminished by any sentence reduction credits. The offenses subject to this law include first and second degree murder, aggravated and especially aggravated kidnaping, especially aggravated robbery, rape and aggravated rape,  aggravated sexual battery, rape of a child,aggravated arson and aggravated child abuse.

Effective July 1, 1995 and applicable to all persons committing enumerated offenses on or after such date.

Public Chapter 496               House Bill 1768 Senate Bill 1753
Amends  39-14-402(a)  to redefine the offense of burglary so as to include entering a building other than a habitation without the effective consent of the  owner with intent to commit an assault, or remains concealed with the intent to commit an  assault in the building, or enters a building and commits or attempts to commit an assault, or enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle to commit an assault.

Effective July 1, 1995.

Public Chapter 507               House Bill 20 Senate Bill 774
Amends the law relative to domestic abuse. Provides that if a law enforcement  officer has probable cause to believe that person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred  response of the officer is arrest. If the officer has probable cause to arrest 2 or more persons for a crime involving domestic abuse, or if 2 or more persons make complaints to the officer, the officer must try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. If there is equal responsibility in the view of the officer arrest is not the preferred response for any party and the officer must exercise judgment in determining whether or not to arrest any party. Lists factors for determining who is the primary aggressor. The officer is prohibited from  threatening or suggesting possible arrest of all parties to discourage future requests for intervention by law enforcement  personnel. The officer cannot base  the decision on whether or not to arrest on the consent or request of the victim or the officer’s perception of the willingness of a victim or witness to testify or participate in a judicial proceeding. The officer who investigates an allegation of domestic abuse must complete a report and file it with the officer’s supervisor. The supervisor must forward compiled data monthly to the administrative director of the courts. Lists other duties of the officer who responds to a domestic abuse call including offers to transport the victim to a place of safety, advise the victim of a shelter or other service in the community, and give the victim notice of the legal rights available by giving the victim a written statement of these rightss. The officer is required to seize all weapons alleged to have been used by the abuser in the commission of the crime. Also, the officer may seize any weapon in plain view or discovered pursuant to a consensual search which is incident to an arrest involving domestic abuse. However, the officer is not required to remove a weapon the officer believes is needed by the victim for self-defense. All weapons  seized  must be reported.

Effective July 1, 1995.

Public Chapter 514                 House Bill 162 Senate Bill 259
Amends 53-11-201 regarding disposition of property subject to seizure under the narcotic and drug control law, to allow a county or  city to use forfeited  vehicles in the local drug enforcement program for a period not to exceed 5  years.

Effective June 12, 1995.

Public Chapter 522                  House Bill 651 Senate Bill 842
Enacts the “Inmate Reimbursement to the County Act” which authorizes counties to seek a per diem reimbursement of up to $60 from inmates for incarceration expenses. The sheriff is to provide the county executive with a list of inmates, their financial status, and incarceration data. The county executive may then employ one of the enforcement procedures listed in the act, including investigation, civil action, restraining order, and receivership. Reimbursements go to the general fund. This act applies in Williamson, Hamilton, Knox, Davidson, and Shelby counties, as well as in any county adopting it by a majority vote of the county legislative body. For all other counties, the comptroller is to develop guidelines and award a 2  year contract to collect reimbursements.These funds, minus the fee for collection, are to be distributed at least annually to the counties which incurred the expenses, to be used for any lawful purpose.

Effective June 12, 1995.

Public Chapter 524                   House Bill 735 Senate Bill 1389
Amends 55-10-403 regarding DUI offenses, requiring that service  of  a  DUI  sentence begin within 30 days of  the conviction, or  as soon as  space is available in the jail or workhouse. Requires sheriff to use alternative facilities for the incarceration if, in the sheriff’s opinion, space will not be available within 90 days of conviction. These alternative facilities may be governmental buildings or may be obtained by contract. The appropriate legislative body must approve the alternative facilities.Also deletes requirement that a conviction for 48 hours be served at a time when it will not interfere with the  offender’s employment. Does not give offender aright to serve sentence in an alternative facility or within a specified period of time, and states that sheriff’s failure to carry out these  terms has no effect  on sentence.

Effective July 1, 1995 for sentences on or after that  date.

 

SOLID WASTE

Public Chapter 5                  Senate Bill 1549 House Bill 1619
Amends the so-called Jackson Law regarding local approval of construction of new landfills to provide that if the new construction is located within an  incorporated area, the county legislative body, as well as the municipal governing body, may vote on whether or not to approve the construction. Also, this act removes the previous prohibition on use of the Jackson Law where county zoning is in effect. Furthermore,the sunset provisions of the Jackson Law were removed, so the Jackson Law may continue to be used or newly adopted by 2/3 majority of the  county legislative body indefinitely (even after the  local solid  waste  management plan is approved by the state).

Effective March 15, 1995 and applies to all permit applications pending on the effective date and all filed on or after the effective date.

 

TAXATION

Public Chapter 2                  Senate Bill 55    House Bill 67
Extends the temporary tax increase, used to fund the county litter grant program, imposed on bottles of soft drinks and barrels of beer until June 30, 1999, or  the year following the enactment of any state or federal mandatory consumer deposit law.

Effective June 1, 1995, for all tax returns filed after that date.

Public Chapter 37                House Bill 345    Senate Bill 263
Removes the expiration date for tax credits for pollution control equipment.                             

Effective March 9, 1995.    

Public Chapter 57                 Senate Bill 170 House Bill 364
Amends 67-7-201 to authorize a county legislative body which has adopted a mineral severance tax by resolution under this chapter to repeal the tax by a 2/3  vote. Specifies procedures and times by which the repeal will become effective.

Effective April 5, 1995.

Public Chapter 71                 Senate Bill 1263 House Bill 1323
Amends 67-2-110 regarding the duty of fiduciaries to pay state income tax, enacting an exception to this requirement for a trustee of a charitable remainder trust as defined in 26 U.S.C. § 664.Such a trustee is not required to file a return or to pay  the tax, but must report to each resident beneficiary the amount of taxable income distributed; the resident beneficiary is liable for the tax.

Effective April 5, 1995.

Public Chapter 544                House Bill 1895 Senate Bill 1883
 Amends 67-4-906 regarding franchise tax minimum measure, providing that exempt inventory means finished goods inventory (which is defined) in excess of $50 million for corporate fiscal years beginning in July, 1996, in excess of $40 million for fiscal years after July, 1997, and in excess of $30 million for  fiscal years after July, 1998. Amends 67-4-910 regarding the standard apportionment formula.Amends 67-6-102 by adding certain material handling equipment and  racking  systems to the definition of “industrial machinery” for sales tax exemption purposes.

 

TAXATION - PROPERTY

Public Chapter 111                 Senate Bill 409 House Bill 1005
Amends 67-5-1801 regarding partial payment of property taxes to authorize trustees in these additional counties to accept partial property tax payments: Stewart, Hardeman, Carroll, Dickson, Campbell, Tipton, and Roane. Any county which implements a partial payment program after the effective date of the act must,before accepting partial payments, submit a plan to the Comptroller of the Treasury, indicating that the county has the technology necessary for the program. The plan must  also state that any increased costs as result of the program will be met within existing resources or that the program has been approved by the county legislative body.

Effective April 19, 1995.

Public Chapter 126                   Senate Bill 669 House Bill 925
Amends 67-5-1804 relating to discounts for early payment of property taxes by deleting the provision that prohibits discounts for elderly low-income, disabled, and disabled veteran homeowners receiving tax relief. Now provides that discounts do apply, but only to taxes paid by these homeowners during  the discount period. Also pecifies that discounts apply only to taxes  actually  paid  during the discount period  for taxpayers making partial payments.

Effective April 20, 1995 for tax year 1995.

Public Chapter 163                    House Bill 667 Senate Bill 1016
Amends 67-5-213 regarding tax exemptions for staff residential units owned by educational institutions. Provides that the limitation of the exemption to  those owned in 1981 plus an additional five units does not apply to an institution chartered before 1930 whose original campus is an historical and integral  entity, as long as the exempt residential units satisfy the other statutory requirements.

Effective May 1, 1995.

Public Chapter 166                     House Bill 1351 Senate Bill 1019
Amends 67-5-701 regarding the application deadline for property tax relief applications. Clarifies that this statute does not require the payment of the full amount of taxes by the delinquency date as a condition of eligibility for tax relief. Authorizes the director of the division of property assessments to  waive the application deadline for good cause (as defined in 67-1-803), allowing up to December 31 of the year following the tax year.

Effective May 1, 1995, applicable to the 1995 tax year.

Public Chapter 209                      House Bill 17 Senate Bill 100
Enacts new tax exemption for property to be used to construct low-income housing, if this provision is adopted by a b majority of the county legislative  body.Allows such property to be held by a charitable institution for a maximum of 18 months for a single lot, with an another 6 months for each additional lot in a planned development, without payment of property taxes. If the lot is not developed and sold to a low-income family within the time  period, then the full amount of   taxes, plus penalty and interest, become due.

Effective May 12, 1995, applicable to the 1995 tax year.

Public Chapter 259                  House Bill 1731 Senate Bill 1620
Amends 67-5-1801 to prohibit a trustee from accepting currently due real property taxes if delinquent taxes are owed. There are exceptions if the obligor is  in bankruptcy or there is a dispute as to responsibility for the taxes.

Effective July 1, 1995.

Public Chapter 362                  House Bill 1175 Senate Bill 1494
Amends 67-5-602, adding “inundated wetlands” to the factors listed in the assessment manuals to be considered in determining the value of real property.

Effective May 30, 1995.

Public Chapter 373                 House Bill 1510 Senate Bill 1545
Adds new section to Title 67, Chapter 5, Part 6 (although caption does not include this part) which provides a formula for assessing leasehold interests assessable under 67-5-502.Authorizes State Board of Equalization to promulgate rules for these assessments. Provides that an option to purchase the leased premises is deemed to have no value.

Effective January 1, 1996.

Public Chapter 459               Senate Bill 1504 House Bill 1134
Amends 67-5-1008 to provide that property is not disqualified from greenbelt treatment if it becomes too small to qualify as a result of an involuntary  proceeding.This provision applies only while the landowner at the time of the involuntary proceeding continues to own the property, or while the owner’s lineal descendants collectively own at least 50% of the remainder of the parcel. Changes the method by which the capitalization rate for greenbelt property is determined, and that the rate may not be adjusted by more than 100 basis points to reflect differences in land classes within a  jurisdiction.

Effective June 12, 1995, applicable beginning with the 1996 tax year, except for provision regarding involuntary conversion, which applies also in tax  year 1995.

 

TAXATION - SALES AND USE

 

 

Public Chapter 80                    House Bill 80 Senate Bill 245
Enacts a new sales tax exemption in 67-6-313 for sales of helicopter, airplanes, and related equipment if purchasers are not state residents, the aircraft will have a situs outside Tennessee, and are removed from the state within 15 days of purchase. Also exempts repair of helicopters and their parts if the situs of the helicopter is outside the state and if the aircraft is removed from the state within 15 days of the completion of the repair. Defines “helicopter.”

Effective April 5, 1995.

Public Chapter 144                  House Bill 1673 Senate Bill 857
 Amends 67-6-314 to clarify that repair of certain devices for handicapped people is exempt from sales tax. Former language only included sales of these devices.

Effective April 24, 1995.

Public Chapter 168                   House Bill 684 House Bill 890
Clarifies 67-6-102 to provide that, while sending catalogues and other advertisements through interstate commerce to Tennessee residents results in a taxable  transaction, temporary presence of these articles in the state for the purposes of handling or storage, pending shipping to nonresidents, does not result in a taxable use.

Effective May 2, 1995.

Public Chapter 184                   House Bill 967 Senate Bill 1448
Clarifies 67-6-702 regarding local option sales tax on boats to provide that boat motors, parts, and accessories, excluding trailers, are to be treated as a part of the boat in the same way that motor vehicle parts are treated as part of the motor  vehicle.

Effective July 1, 1995.

Public Chapter 185                   House Bill 1509 Senate Bill 1600
Extends the sales and use tax exemption in 67-6-102 and 67-6-206 to include machinery and substances used to package manufactured automotive aftermarket products for retail sale. This exemption extends to manufacturers of the automotive aftermarket product and to corporations owning or owned by the   manufacturer.

Effective May 8, 1995.

Public Chapter 229           Senate Bill 396 House Bill 106
Exempts “agr.-sawdust” from state sales tax in 67-6-329. Effective July 1, 1995 for assessments made after that  date. Public Chapter 230 Senate Bill 230 House Bill 402 Amends 67-6-314 to exempt lift devices installed in the residence of a handicapped person from state sales tax.

Effective July 1, 1995.

Public Chapter 245      House Bill 886 Senate Bill 414
Amends 67-6-510, extending the trade-in credit on used automobiles to automobiles purchased by a dealer from the dealership’s inventory if the vehicle is for business use; sales tax is paid on the net difference in the trade-in values of the two vehicles. Other sections amend Title 67 Chapter 3 pertaining to the use of dyed fuel.

Sales tax provisions effective May 15, 1995.

 
Public Chapter 256          House Bill 1412 Senate Bill 1598
 Enacts sales tax exemption for approved non-profit entities for lodging during Olympic and specified water sport activities. Entities must be approved for exemption by the Tennessee Ocoee Development Agency.

Effective May 19, 1995; repealed December 31, 1996.

Public Chapter 343         House Bill 121 Senate Bill 611
Enacts sales tax exemption for sales of U.S. and Tennessee flags sold by a non- profit organization.

Effective May 26, 1995.

Public Chapter 384           Senate Bill 1195 House Bill 1627
Clarifies 67-6-102 regarding the definition of farm equipment and machinery, clarifying that grain bins and crop dusting aircraft fall within this definition of retail price.Includes poultry environment control systems costing over $250  within the definition of farm equipment and machinery Retroactive to July 1, 1989 for provision regarding grain bins and crop dusters; effective July 1, 1995 for provision regarding poultry equipment. Public Chapter 544 House Bill 1895 Senate Bill 1883 Amends 67-4-906 regarding franchise tax minimum measure, providing that exempt inventory means finished goods inventory (which is defined) in excess of $50 million for corporate fiscal years beginning in July, 1996,in excess of $40 million for fiscal years after July, 1997, and in excess of $30 million for fiscal years after July, 1998. Amends 67-4-910 regarding the standard apportionment formula. Amends 67-6-102 by adding certain material handling equipment and  racking  systems to the definition of “industrial machinery” for sales tax  exemption purposes. Effective June 13, 1995 (amendment to industrial machinery exemption applies to investments in facilities and purchases of equipment made on or after April 1, 1995).

 

UTILITIES

Public Chapter 64                 Senate Bill 531 House Bill 847
Provides that applications for the creation of a utility district under the Utility District Law of 1937, as amended, must be submitted to the Utility Management Review Board for review and comment before final action on the petition by the county executive. The county executive must read the final comments of the Utility Management Review Board to persons at the public hearing examining the need for the proposed district.

Effective July 1, 1995.

Public Chapter 77                 Senate Bill 1570 House Bill 1295
Amends 5-6-120(a) to allow the county executive instead of the water and  wastewater treatment authority board (in those counties with such an authority) to  grant a  petition for the creation of a utility district in counties meeting the following criteria: (1) the county is served by a water and wastewater treatment  authority which does not provide waste service, (2) the county has its water provided by more than 5 utility districts, and (3) the county has, under state law,  had its county executive hear petitions of utility districts.

Effective April 5, 1995.

 

PART II - PUBLIC ACTS OF LOCAL APPLICATION

BLOUNT

Public Chapter 307                Senate Bill 38 House Bill 285
Amends 7-82-308(a) to provide that compensation of the utility district board of commissioners in Blount County may be established by resolution of the  utility district board of commissioners within the guidelines set out in the statute.

Effective May 30, 1995.

 

CLAIBORNE

 

 

Public Chapter 138                 House Bill 175 Senate Bill 310
Amends 54-7-104 to provide that if only one candidate who meets the minimum qualifications for chief administrative officer of the highway department in Claiborne County files as a candidate by the qualifying deadline, or if the only qualified candidate withdraws, then the county election commission must  extend the qualifying deadline 10 days, during which time candidates who have a high school diploma or GED may qualify for the election.

Effective April 20, 1995.

 

COFFEE

  

 

Public Chapter 301    Senate Bill 1724 House Bill 619
Amends 8-21-901(a)(8)(B)(i) to raise the fee for a sheriff or constable attending  grand jury or waiting in court from $45 to $60 per  day.

Effective July 1, 1995.

 

CROCKETT

 

 

Public Chapter 33      Senate Bill 988 House Bill 136
Amends 7-82-307(w), the Utility District Law of 1937, to include water utility districts in Crockett County having less than 500 customers, to provide for a 5- member board and the filling of vacancies.

Effective March 23, 1995.

 

CUMBERLAND

Public Chapter 18       Senate Bill 597 House Bill 975
Amends 57-4-102(17) to include within the definition of “premiere type  tourist resort,” for purposes of the sale of alcoholic beverages, an entity operating a commercial golf related recreational facility in Cumberland County which meets the specified criteria.
 
Effective March 22, 1995.

Public Chapter 212      House Bill 359 Senate Bill 598
Amends 7-82-307 to provide that in Cumberland County, vacancies on a water utility district board with under 1,500 subscribers will be filled in accordance with paragraph (a) of that statute.

Effective May 12, 1995.

 

DAVIDSON

 

 

Public Chapter 50        House Bill 297 Senate Bill 443
Amends  3-1-102(d) to remove the City of Berry Hill from state senate district 19   and place it in senate district 21.

Effective March 29, 1995.

Public Chapter 121       House Bill 1024 Senate Bill 903
Amends Title 7, Chapter 3, to authorize counties with metropolitan governments to appropriate funds for the financial aid of nonprofit organizations, in accordance  with the guidelines of the metropolitan government, to promote the general welfare of the residents of the municipality, and sets out requirements for such appropriations.

Effective June 1, 1995.

Public Chapter 130       Senate Bill 833 House Bill 831
Repeals 5-8-201(l), bringing Davidson and Shelby counties within the statute authorizing county checking systems.

Effective April 21, 1995.

Public Chapter 160        Senate Bill 1689 House Bill 1655
Enacts 7-3-307 to define “competitive bidding” in those counties in which the metropolitan government charter requires that purchases in excess  of  $1,000  be made on the basis of competitive bidding.

Effective June 1, 1995.

Public Chapter 409         Senate Bill 897 House Bill 955
Amends 68-221-1105 to authorize the legislative body of a metropolitan government to assign responsibility for storm water facilities to any department, board or  commission.

Effective June 1, 1995.

Public Chapter 414          House Bill 186 Senate Bill 959
Amends Title 7, Chapter 67, Part 1, to broaden the powers of sports authorities in Davidson and Shelby counties, and to provide that in  Davidson county the directors will be appointed by the mayor with confirmation of the metro council and one director must be a female and one must be a racial minority (caption             refers only to metropolitan governments; contains severability clause).

Effective June 6, 1995.

 

FENTRESS

Public Chapter 390           House Bill 1292 Senate Bill 1542
Amends 7-82-307 to provide for selection of the board of commissioners for water utility districts with at least 2,000 subscribers in Fentress  County.

Effective upon majority vote of the county legislative body in Fentress County.

 

HAMILTON

Public Chapter 119             House Bill 853 Senate Bill 839
Amends Title 7, Chapter 57, to grant certain powers heretofore granted to hospital authorities created under the Metropolitan Hospital Authorities Act to hospital authorities created by private act in counties with populations of 250,000 or more; grants additional powers to these hospital authorities, and provides for bidding purchases of goods and services by these authorities; (also could apply in Davidson, Shelby and Knox counties).

Effective April 19, 1995.

Public Chapter 210             House Bill 39 Senate Bill 137
Amends 16-5-1807 to authorize the county trustee to permit retired persons who are over  65 and living on a fixed income to pay property tax on their primary residence  in quarterly installments upon the terms and conditions prescribed by the trustee.

Effective July 1, 1995.

 

HAWKINS

Public Chapter 138              House Bill 175 Senate Bill 310
Amends 54-7-104(a) to make the sole  educational and/or experience  qualification  for chief administrative officer of the Hawkins County highway department a high school diploma or GED.

Effective  April 20, 1995.

 

KNOX

Public Chapter 475               House Bill 1434 Senate Bill 1433
Amends Title 7, Chapter 63, Part 1, to authorize the issuance of citations in  lieu of arrest for traffic and ordinance violations  in  Knox County; amends  Title 8,  Chapter 7, Part 1, to authorize district attorneys general with responsibility for prosecution of offenses in Knox County to enter  into an agreement with the county for  prosecution of county ordinance violations; also contains a provision which is not limited to Knox County which purports to amend 8-7-401 to require a hearing prior to allowing private legal counsel employed by crime victims or their families as special prosecutors to participate in criminal hearings, but this provision is not mentioned in the caption of this act.

Effective June 12, 1995.

 

MOORE

Public Chapter 121       House Bill 1024 Senate Bill 903
Amends Title 7, Chapter 3, to authorize counties with metropolitan governments to appropriate funds for the financial aid of nonprofit organizations, in accordance with the guidelines of the metropolitan government, to promote the general welfare of the residents of the municipality, and sets out requirements for such appropriations.

Effective June 1, 1995.

Public Chapter 160      Senate Bill 1689 House Bill 1655
Enacts 7-3-307 to define “competitive bidding” in those counties in which the metropolitan government charter requires that purchases in excess  of  $1,000 be made on the basis of competitive bidding.

Effective June 1, 1995.

Public Chapter 409      Senate Bill 897 House Bill 955
Amends 68-221-1105 to authorize the legislative body of a metropolitan government to assign responsibility for storm water facilities to any department, board or commission.

Effective June 1, 1995.

 

ROBERTSON

Public Chapter 462           Senate Bill 1913 House Bill 1921
Amends 8-8-201(2) to provide that in Robertson County the general sessions judges will appoint their own court officers to maintain order, serve process,  and perform other duties assigned by the judge.

Effective upon 2/3 vote of the county legislative body in Robertson County.

 

SCOTT

Public Chapter 202       Senate Bill 1250 House Bill 629
Enacts 6-1-201(c) to change the procedure for incorporation of municipalities within Scott County, so that if the territory proposed for incorporation is within  5 miles of  an existing city with a population between 1,000 and 100,000, then the petition is held in abeyance for 15 months, during which time the existing city may annex at least 20% of the territory or population and the petition for incorporation will be null and void; otherwise, the petition will proceed at the  end of the 15 month period as if it had been filed at that time.

Effective May 9, 1995.

Public Chapter 453       Senate Bill 1832 House Bill 1837
Amends 7-82-308 to authorize the board of commissioners of water and sewer utility districts in Scott County to set their own compensation by resolution at not more than $250 per meeting, subject to approval by the utility’s customers at a meeting called  for that purpose.

Effective June 12, 1995.

 

SHELBY

Public Chapter 130               Senate Bill 833 House Bill 831
Repeals 5-8-201(l), bringing Shelby and Davidson counties within the statute authorizing county checking systems.

Effective April 21, 1995.

Public Chapter 314        Senate Bill 231 House Bill 1406
Enacts the “Child Curfew Act of 1995" to establish curfews for minors in Shelby County or in any municipality in Shelby County upon adoption by 2/3 vote of the appropriate legislative body.

Effective May 30, 1995.

Public Chapter 328          Senate Bill 1230 House Bill 903
Amends 42-4-105 relative to the composition of the governing body of the municipal airport authority in Shelby County, to require that 2 of the 7 board  members be nominees  of the county executive officer, and to provide that the board may but is not required to include persons in each of the fields of  engineering, law, industry or commerce, and finance.

Effective May 30, 1995.

Public Chapter 346        House Bill 1472 Senate Bill 1591
Creates a model youth leadership program in Memphis-Shelby County with the goal of producing trained, educated young women to provide effective  leadership in the community.

Effective May 26, 1995.

Public Chapter 414           House Bill 186 Senate Bill 959
Amends Title 7, Chapter 67, Part 1, relative to the powers of sports authorities in Davidson and Shelby counties (caption refers only to metropolitan  governments).

Effective June 6, 1995.
 
Public Chapter 456     Senate Bill 882 House Bill 985
Amends 8-21-401, 8-14-205, 36-3-604, 40-11-204, 40-14-202, 40-3-206, 40-24-101, to increase the fees and commissions of clerks of court in Shelby County; imposes new  fees relative to forfeitures; raises from 5% to 10% the  commissions and fees   for each of the following: receiving and paying over taxes, fines, forfeitures, fees and amercements, collection of litigation taxes by general sessions court clerk and county clerk, property sold under court decree, workers’ compensation  installment payments, installment payments of fines, court-ordered sales relative to probate matters, collecting attorney fees from  defendants  represented  by  the  public defender, collecting support payments under orders of protection, final forfeitures on forfeited recognizances, collecting payments from criminal defendants do defray costs of court-appointed counsel, collection of fees in connection with fraud and economic crimes, and accepting installment payments of criminal fines; enacts 8-21- 4 to allow clerks of court in Shelby County to charge an additional fee of $5 for computer searches of public records having commercial value.

Effective upon 2/3 vote of the county legislative body of Shelby County.

Public Chapter 489        House Bill 1713 Senate Bill 1732
Amends 2-9-116 to include Shelby County in the provision which allows county election commissions to establish a policy permitting the use of voting machines by groups of citizens.

Effective June 12, 1995.

Public Chapter 508          House Bill 35 Senate Bill 17
Amends 40-15-105(a) to provide for payment of up to $35 per month, as determined by the court, by defendants in pretrial diversion in Shelby County.

Effective June 12, 1995.

 

UNICOI

Public Chapter 73          Senate Bill 1480 House Bill 1138
Amends 7-82-304(12)(B), to authorize the natural gas utility district serving Unicoi County to provide funding to chambers of commerce and economic and  community organizations.

Effective April 5, 1995.

 

VAN BUREN

Public Chapter 545          House Bill 1914 Senate Bill 1886
Provides for election of commissioners of water utility districts created by the Van Bur en county legislative body and serving customers in Van Buren and Bledsoe counties and provides for filling vacancies.

Effective June 13, 1995.
 

PART III – PRIVATE ACTS

BRADLEY

Private Chapter 70         Senate Bill 1882 House Bill 1896
Creates the Bradley County Sheriff’s Department Employment Protection Plan, a  civil service plan for employees of the sheriff’s department.

Effective upon 2/3 approval of the county legislative body.

 

CARROLL

Private Chapter 108      House Bill 1934 Senate Bill 1925
Authorizes the board of education to borrow money against the credit of the South Carroll County special school district as created by anticipated tax receipts and/or state receipts.

Effective June 12, 1995.

 

CHEATHAM

Private Chapter 16       House Bill 532 Senate Bill 647
Authorizes the county legislative body to levy a privilege tax on each transient of a hotel or other place of temporary occupancy in an amount not to  exceed 10% of the consideration charged. Tax proceeds are earmarked to the county general fund.  The county clerk administers and enforces the tax program, receives and pays over  the to the county trustee the taxes collected by the operators of hotels and other accommodations less 5% for the clerk’s  services.

Effective upon 2/3 approval of the county legislative body.

 

CLAY

Private Chapter 73      Senate Bill 1894 House Bill 1919
Authorizes Clay County, by resolution of the county legislative body, to establish  under a department of the county a natural gas  utility  service for customers within the county, to be headed by a superintendent appointed by the county executive and confirmed by the county legislative body whose compensation will be set by the county legislative body after receiving the recommendation of the county executive; revenues are to be deposited in the  general fund and expenditures are to be made  from the general fund on warrants signed by the county executive, with any excess revenues to be used  for any county  purpose.

Effective upon 2/3 approval of the county legislative body.

 

COCKE

Private Chapter 116    Senate Bill 1581 House Bill 1306 
Authorizes the county legislative body to regulate commercial whitewater rafting and canoeing on the French Broad and Pigeon Rivers in Cocke County by  issuing licenses to commercial outfitters and establishing minimum safety standards; authorizes license and user fees; licenses will be issued by the county clerk, and user fees will be collected by an official designated by the county legislative body; all fees will be deposited in the county general  fund.

Effective upon 2/3 approval of the county legislative body.

 

CROCKETT

Private Chapter 45    House Bill 1866 Senate Bill 1854
Repeals Chapter 806 of the Private Acts of 1937 whic h created a purchasing commission .

Effective upon 2/3 approval of the county legislative body.

 

CUMBERLAND

Private Chapter 112    House Bill 1927 Senate Bill 1911
Amends the hotel/motel tax to specifically include state or local governmental  entities.

Effective upon 2/3 approval of the county legislative body.

 

DAVIDSON

Private Chapter 62                       

Purports  to repeal Private Acts of  1963, Chapter  124, as  amended,  which created the Davidson County Probate Court effective September 1, 1998, but contains no provision for local approval; also amends 16-2-506(20)(A) to provide for the election in 1998 of an additional circuit court judge with  additional exclusive jurisdiction over probate matters [this amendment to general law should have been designated as a public act].

Effective May 25, 1998, except as to the repeal of the private  act.

 

DEKALB

Private Chapter 118     House Bill 1851 Senate Bill 1842
Authorizes the county legislative body to levy a hotel/motel occupancy tax of 5% of the room rate. Tax proceeds are to be placed in the county general fund.

Effective upon 2/3 approval of the county legislative body.

 

FAYETTE

Private Chapter 61      House Bill 1881 Senate Bill 1866
Amends Chapter 234 of the Private Acts of 1974 to remove responsibility for  garbage and rubbish collection and disposal services from the board of public works of Fayette County.

Effective upon 2/3 approval of the county legislative body.

 

GIBSON

Private Chapter 52        House Bill 1860 Senate Bill 1826
Amends Chapter 62 of the Private Acts of 1981, as amended,  to  authorize  the  Gibson County School District to issue and sell school bonds in a  principal amount not to exceed $5,300,000. Levies an additional property tax of 34¢ per $100 of assessed value on property in the district.

Effective May 11, 1995.

Private Chapter 53    House Bill 1879 Senate Bill 1872
Amends Chapter 153 of the Private Acts of 1917, as  amended,  to  levy  a  property tax of $1.94 per $100 of assessed value on the property within  the Bradford Special School District to fund operations, current and future debt service and capital projects of the Bradford Special School District.

Effective May 11, 1995.

Private Chapter 54         House Bill 1880 Senate Bill 1871
Amends Chapter 144 of the Private Acts of 1975, as amended, to increase the  property tax rate for the Trenton Special School District from $1.62 to  $2.07 per $100 of assessed value. Authorizes the board of trustees of the Trenton Special  School District to issue notes, bonds and other debt obligations.

Effective May 11, 1995.

Private Chapter 63      Senate Bill 1875 House Bill 1891
Amends Private Acts of 1981, Chapter 62, to change the length of terms of board members of the Gibson County Special School District to 4 years.

Effective May 25, 1995.

Private Chapter 79     Senate Bill 1933 House Bill 1944
Amends Private Acts of 1981, Chapter 62, as amended, to authorize the Gibson County Special School District to issue tax-exempt bonds to  refund and refinance outstanding school bonds, series 1987, and to pledge a portion of existing property taxes for repayment of the  bonds.

Effective June 12, 1995.

 

HAMILTON

Private Chapter 48         Senate Bill 1814 House Bill 1294
Amends Chapter  6 of the Private Acts of 1941, as amended, to create divisions IV  and V of the general sessions court of Hamilton County. Judges to fill these new divisions shall be initially appointed by the county legislative body and these judges shall serve until their successors are   elected and qualified pursuant to the  regular election in August 1996. The elections of all general sessions judges in 1996 and thereafter shall be nonpartisan. The terms of the judges of divisions IV  and V elected in the August 1996 general election shall be for 2 years, with successors elected in the August 1998 election for a term of 8 years. Divisions IV and V shall exercise the same jurisdiction as the other 3 divisions.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 75      Senate Bill 1878 House Bill 1894
Amends Private Acts of 1939, Chapter  557, as  amended, relative to investment of  the assets of the Employees Insurance Fund under the Hamilton County Employees Retirement Act.

Effective upon 2/3 approval of the county legislative body by July 1, 1995.

 

HENDERSON

Private Chapter 40         House Bill 1859 Senate Bill 1847
Amends Chapter 59 of the Private Acts of 1983 to increase the amount  of  a  purchase requiring advertisement and sealed bids from $1000 to the amount required under the County Purchasing Law of 1957 codified at 5-14-108. Provides that purchases  or sales  of less than the maximum amount authorized by 5-14-108 may   be made by the county purchasing agent in the open market without newspaper notice, but whenever  possible shall be based on at least 3 competitive bids.

Effective upon 2/3 approval of the county legislative body within  90 of the passage  of the act.

Private Chapter 113      House Bill 1930 Senate Bill 1922
Amends the hotel/motel tax to include governmental entities.

Effective upon 2/3 approval by the county legislative body.

 

HENRY

Private Chapter 10      Senate Bill 581 House Bill 1010
Provides a systematic procedure for public opening of sealed bids on county purchases. Applies bid procedures to the general fund, highway fund, school fund  and the Henry County Medical Center.  Any public  advertisement  inviting  sealed  bids must include the date, time, and place where the bids will be opened and must also indicate that the general public may attend the bid opening. Allows an official supervising a bid opening to postpone the opening to another date, time and place by orally  announcing same at the date, time and place ordinally advertised and shall  state the date, time and place in which the postponed bid opening will occur.

Effective upon 2/3 approval of the county legislative body.
 

Private Chapter 56        House Bill 1877 Senate Bill 1864

Repeals Chapter 436 of the Private Acts of 1933, as amended by Chapter 122 of the Private Acts of 1965, regarding the board of education of  Henry County. Establishes the board of education as a 6 member board with one member elected  from each of 6 districts, and provides for a  transition from terms of 6 years to terms of  4  years. Current  board  members  are  to  remain  to  the  expiration  of  their respective 6 year terms.  Members are to be elected to staggered  terms  beginning with the August 1996 general election. The member elected in 1996 from  district 4 shall serve a term of 2 years, while the member elected in 1996 from district 1 shall serve a term of 4 years. At the August 1998 general  election members elected from districts 2,4, and 6 shall serve terms of 4 years, with members elected from districts 3 and 5 to terms of 2 years. All members elected thereafter  are  to  serve terms of 4 years. The at-large position on the board is  abolished upon the expiration  of the current  term of the at-large  member.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 114      House Bill 1935 Senate Bill 1926
Amends the Accounting and Budgeting Procedures Law to require the county legislative body to levy a tax rate which assumes that not more than 94% (changed from 90%) of taxes will be collected during the fiscal year and will produce at least the amount appropriated in the budget.

Effective upon 2/3 approval of the county legislative body.

 

JEFFERSON

Private Chapter 17     House Bill 614 Senate Bill 308
Authorizes the county legislative body to levy a privilege tax on each transient of a hotel or other place of temporary occupancy in an amount not to exceed 4% of the consideration charged. Tax proceeds are earmarked to the county general fund. The county clerk administers and  enforces the tax program, receives and pays over  the to the county trustee the taxes collected by the operators of hotels and other  accommodations less 5% for the clerk’s  services.

Effective upon 2/3 approval of the county legislative body.

 

KNOX

Private Chapter 22    House Bill 1604 Senate Bill 1487
Amends Chapter 54 of the Private Acts of 1939 to create a new Division V of the general sessions court of Knox County which will have the  same jurisdiction as the other divisions of this court. The initial judge of the new division will be appointed according to law (by the county legislative body) to serve until September 1, 1996, then a successor elected at the August, 1996 general election shall serve until September  1, 1998, whereupon a successor elected at the August, 1998 election and every 8 years thereafter shall serve  for a term  of 8  years.

 

LAKE

Private Chapter 60      House Bill 1872 Senate Bill 1860
 Amends Chapter 49 of the Private Acts of 1987 to delete language which provided that the general sessions judge of Lake County is full-time position.

Effective September 1, 1988, upon 2/3 approval of the county legislative body.

Private Chapter 105      House Bill 1925 Senate Bill 1889
Creates a juvenile court as a court of record, with an attorney judge whose qualifications and compensation are specified in act. Provides  for  election of judge  for 8 year term and for a transitional appointment. The county clerk is to serve as juvenile court clerk.

Effective upon 2/3 approval of the county legislative body.

 

LEWIS

Private Chapter 15    House Bill 286 Senate Bill 287
Authorizes the county legislative body to levy a privilege tax on each transient of a hotel or other place of temporary occupancy in the amount  of 5%  of  the consideration charged. Tax proceeds are earmarked to the county general fund.  The county clerk administers and enforces the  tax program, receives and pays over  the to the county trustee the taxes collected by the operators of hotels and other accommodations less 5% for the clerk’s  services.

Effective upon 2/3 approval of the county legislative body.

 

MADISON

Private Chapter 39    House Bill 1858 Senate Bill 1849
Establishes the office of highway engineer as the chief administrative officer of the county highway department with all of the duties assigned by general law. Provides that the office will be filled by election of the county legislative body every 4 years beginning in August , 1995. Provides that the incumbent highway engineer will continue to hold office for the remainder of his  term.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 42       House Bill 1857 Senate Bill 1848
Amends Chapter  54 of the Private Acts of 1983 regarding the civil  service  system of the sheriff’s department. Provides for regular competitive examinations for classified positions. The civil service commission is required to certify to the sheriff the names of those persons qualified for each vacancy in the classified service. Provides for each classified position in the sheriff’s department, except  detention specialist and deputy, to be filled by a promotion by the sheriff from a holder of a classified position.
 
Effective upon 2/3 approval of the county legislative body.

 

MAURY

Private Chapter 2     House Bill 119 Senate Bill 132
Restructures the Maury County Regional Hospital and provides for a 9  member board of trustees to manage the hospital, one of whom shall be the chief executive officer of the hospital. Except for the chief executive officer of the hospital, board members are elected by the  county commission for a term of 3 years. County commissioners cannot serve on the board. Current  board  members  are  continued  in  office for the remainder of their terms. A member is eligible for re-election to the board. The county commission must approve all leases, sales and purchases of real property by the board of trustees, and any instrument creating a full faith and credit obligation for Maury County. The hospital board of trustees  are required to submit  an annual budget for approval of the county commission.  Repeals Chapter 448 of  the Private Acts of 1949 and Chapter  373 of the Private Acts of 1953, as amended.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 64    Senate Bill 1877 House Bill 1893
Amends Private Acts of 1967-68, Chapter 475, to increase the membership on the civil service board for employees of the Maury County Sheriff’s department.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 119  House Bill 1892 Senate Bill 1910
Enacts a wheel tax in the amount of $25 for vehicles and $10 for motorcycles, to be collected by the county clerk who retains  a 5% fee. Payment is to be evidenced by a decal.

Effective upon 2/3 approval of the county legislative body.

 

MONROE

Private Chapter 26     House Bill 485 Senate Bill 1460
Amends Chapter 45 of the Private Acts of 1981 to increase the rate  of  the  hotel/motel tax which may be levied by the county legislative  body from 3% to 5%.

Effective upon 2/3 approval of the county legislative body.

 

MONTGOMERY

Private Chapter 66      Senate Bill 1881 House Bill 1887
Amends  Private Acts of 1953, Chapter 232, as amended, to create a third division  of the General Sessions and Juvenile Courts of Montgomery County, having the  same jurisdiction and powers as the existing divisions, with a judge appointed by the county legislative  body to serve until a judge is elected and qualified in the August 1996 elections; creates the position of presiding judge.
 
Effective upon 2/3 approval of the county legislative body.

 

RHEA

Private Chapter 65    Senate Bill 1880 House Bill 1890
Enacts a civil service system for employees of the Rhea County  Sheriff’s department.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 69    Senate Bill 1885 House Bill 1897

Amends Private Acts of 1992, Chapter 148, to exempt from the Rhea County hotel/motel tax not-for-profit corporations, associations and  organizations exempt from federal taxation under § 501(c)(3) of the Internal Revenue Code and operated purely for religious or charitable  purposes.

Effective upon 2/3 approval of the county legislative body.

 

ROANE

Private Chapter 46      House Bill 1870 Senate Bill 1861

Divides  the general sessions court of Roane County into Parts I and II beginning  July 1, 1995.  The present judge will become the judge of Part I.  A judge for Part  II will be elected to an initial 2 year term in the August 1996 general election, to be followed by 8 year terms thereafter. Both parts I and II shall exercise all of the jurisdiction presently exercised by the general sessions court and both judges shall have all of the qualifications of a circuit court judge. The judge of Part I will be the senior judge with the authority to assign cases for trial.  Amends Chapter 77 of the Private Acts of 1959, as amended by Chapter 290 of the Private Acts of 1980 and Chapters 312, 323, 372 and  380 of the Private Acts of  1982.

Effective upon 2/3 approval of the county legislative body.

 

SEVIER

Private Chapter 24     House Bill 1828 Senate Bill 1816
Repeals Chapter 76 of the Private Acts of 1989 which required review of proposed subdivision roads by the road superintendent and emergency communications district coordinator and approval by the transportation committee .

Effective upon 2/3 approval of the county legislative body.

 

SHELBY

Private Chapter 74     Senate Bill 1852 House Bill 1869
Amends Private Acts of 1969, Chapter 131, as amended, relative to the privilege tax on hotel occupancy in Shelby County, to provide   that the tax will remain in effect until the bonds issued for the construction of Cook Convention Center and any other bonds issued in accordance with Section 10 of the act have been paid, or June 30, 2015, whichever is later; allocates $3.3 million  of  the tax proceeds after debt  service to the Convention and Visitors Bureau for 1995-96, to be increased 5% per year as long as the tax is in  effect;excess revenues up to $11.5 million, after payment of  debt service and contribution to Convention and Visitors Center, will be applied to debt service on bonds issued for Pyramid Arena.

Effective upon 2/3 approval of the county legislative body before October 1,  1995.

 

SULLIVAN

Private Chapter 104  House Bill 1923 Senate Bill 1921
Creates a Consolidated Government Charter Commission, specifying election procedure for members, requiring submission of a charter  by August 1, 1996, and calling for a referendum.

Effective upon 2/3 approval of the county legislative body within 90 days of passage of act (June 12,  1995).

 

SUMNER

Private Chapter 12     House Bill 1174 Senate Bill 1492
Amends Chapter 95 of the Private Acts of 1973, as amended by Chapter 225 of the Private Acts of 1984, to change the office of county attorney to the office of law director. The law director is to be elected by the board of county commissioners for an initial term of 6 years beginning in September, 1995, with terms of 4 years thereafter.  The law director is to submit a budget for approval in  order to operate the office and provide necessary legal services to the  county.

Effective upon 2/3 approval of the county legislative body on or before December 1, 1995.

Private Chapter 20      House Bill 1573 Senate Bill 1666
Amends Chapter 157 of the Private Acts of 1979 to provide that members of the resource authority appointed by the county legislative  body shall be members of the county legislative body.  A member of the county legislative body who is  a director of the resource  authority cannot serve as a director beyond the member’s term on  the county legislative body or if the member vacates the seat for  any reason.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 21      House Bill 1587 Senate Bill 1664
Amends Chapter 95 of the Private Acts of 1973, as amended by Chapter 225 of the Private Acts of 1984, to change the office of  county attorney to the office of law director.   The law director is to be elected by the board of county commissioners for an initial term of 6 years beginning in September, 1995, with terms of 4 years thereafter.  The law director is to submit a budget for approval in  order to operate   the office and provide necessary legal services to the county. This act is very  similar to Chapter 12 of the Private Acts of 1995 noted above.
 
Effective upon 2/3 approval of the county legislative body on or before December 1, 1995.

 

TIPTON

Private Chapter 86     House Bill 1899 Senate Bill 1900
Repeals Chapter 722 Private Acts of 1933 and amendments, which  enacted  a  special tax for care and maintenance of the poor and insane.

Effective upon 2/3 approval of  the county legislative body.

Private Chapter 87    House Bill 1900 Senate Bill 1899
Repeals Chapter 437 Private Acts of 1915 and amendments, which  enacted  a  general purpose tax on property and privileges.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 88   House Bill 1901 Senate Bill 1898
Repeals Chapter 279 Private Acts of 1976 and amendments, which provided for a penal farm superintendent.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 89      House Bill 1902 Senate Bill
Repeals Chapter 278 Private Acts of 1976 and amendments, which authorized inmates of the county penal farm to work on public property.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 90    House Bill 1903 Senate Bill 1896
Repeals Chapter 87 Private Acts of 1961 and amendments, which levied a tax for maintenance and operation of the county hospital.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 91    House Bill 1904 Senate Bill 1895
Repeals Chapter 399 Private Acts of 1949 and amendments, which authorized the county to acquire a hospital and to issue bonds for  that  purpose.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 92       House Bill 1905 Senate Bill 1893
Repeals Chapter 248 Private Acts of 1939 and amendments, which provided for pensions for county teachers.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 93     House Bill 1906 Senate Bill 1892
Repeals Chapter 51 Private Acts of 1959 and amendments, which authorized issuance of school bonds.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 94     House Bill 1907 Senate Bill 1891
Repeals Chapter 86 Private Acts of 1961 and amendments, which provided for a hospital board and for operation and funding of the hospital.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 95     House Bill 1908 Senate Bill 1908
Repeals Chapter 312 Private Acts of 1972 and amendments, which created an ambulance authority and provided for its board and  funding.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 96      House Bill 1909 Senate Bill 1909
Repeals Chapter 289 Private Acts of 1905 and amendments, which established the office of County Judge.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 97      House Bill 1910 Senate Bill 1904
Repeals Chapter 554 Private Acts of 1919 and amendments, which authorized employment of an Industrial Agent for agricultural improvement.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 98       House Bill 1911 Senate Bill 1903
Repeals Chapter 534 Private Acts of 1949 and amendments, which authorized the acquisition and maintenance of a county office  building.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 99      House Bill 1912 Senate Bill 1902
Repeals Chapter 980 Private Acts of 1921 and amendments, which provided for compensation of Justices of the Peace attending  the Quarterly County  Court.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 101      House Bill 1916 Senate Bill 1906
Repeals Chapter 42 Private Acts of 1977 and amendments, which provided for popular election of the county school superintendent and spec ified the term, compensation, and duties of the office.

Effective upon 2/3 approval of the county legislative body.

Amends Chapter 378 Private Acts of 1947 and amendments, providing that school board members elected under this act shall  serve 2 year  terms, except those elected  in August 1995, who shall serve a 1 year term ending on August 31,  1996.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 103         House Bill 1918 Senate Bill 1905
Amends purchasing provisions, providing that the purchasing committee is to be the Finance and Administration Committee of the  county legislative body; 4 members constitutes a quorum capable of carrying out the duties of the committee. Changes  the amount over which bids are required from $2,000 to  $5,000.

Effective upon 2/3 approval of the county legislative body.

 

TROUSDALE

Private Chapter 19             House Bill 1353 Senate Bill 1544
Provides for county clerk to require evidence of compliance with zoning ordinances regarding business location prior to issuance of  a business license. County clerk may accept statement of compliance signed by a planning or zoning officer of the county or municipality. Requires county clerk to verify location of business upon application for a business license when the applicant gives a postal service box  address.

Effective upon 2/3 approval of county legislative body.

Private Chapter 27             Senate Bill 1512 House Bill 1366
Authorizes the county legislative body, by resolution, to empower the chairman pro tempore of the county legislative body to carry out the necessary duties of the  county executive if the county executive is chairman of the county legislative body and is absent or intends to be absent, or is temporarily unable to perform the regular duties  of the office for any period of less than 21 days. If  the county executive is  not the chairman of the county legislative body, then such legislative body may empower the chairman of   the county legislative body to carry out the duties of the county executive during the period noted above.   The county executive is  required   to file a letter with the county clerk which designates the periods of  less than 21  days that he or she intends to be  absent or will be temporarily unable to perform the regular necessary duties of the office, if known in  advance.

Effective upon 2/3 approval of the county legislative body.

 

WEAKLEY

Private Chapter 8        House Bill 635 Senate Bill 1005
Repeals Chapter 837 of the Private Acts of 1929 which provided for the popular election of the county superintendent of public instruction (education). Repeals Chapter 124 of the Private Acts of 1893, as amended by  Chapter  292  of the Private Acts of 1913, Chapter 688 of the Private Acts of 1919, Chapters  581 and 582 of the Private Acts of 1921 and Chapter 365 of the Private Acts of  1953.  The act repealed was a superseded private act dealing with the office of county  judge.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 13      House Bill 1240 Senate Bill 1603
Amends Chapter 559 of the Private Acts of 1951, as amended by Chapter 108  of  the Private Acts of 1975, by removing the duty of the county attorney to collect delinquent  taxes unless appointed delinquent  tax attorney  according  to  general law.

Effective upon 2/3 approval of the county legislative body.

Private Chapter 33      Senate Bill 1823 House Bill 1831
Amends Chapter 640 of the Private Acts of 1949, as amended, the private acts dealing with the county highway commission and  county highway supervisor. This  act authorizes the county legislative body to determine the compensation of the chairman of the highway commission and of the other highway commissioners, but not less than $200 per month. Increases the contract amounts requiring approval of the highway commission for the purchase or trade of highway equipment from $500 to $2,500 and for all other contracts from $2,500 to $5,000. Suspends certain provisions of the old private act dealing with financial management so long as the County Financial Management System is operating in Weakley County . Provides  that the  highway committee of the county legislative body certificates the qualifications of candidates for highway supervisor when the   county legislative body fills a vacancy. Provides when a vacancy occurs in the  office of highway  supervisor, the chairman of  the highway commission may exercise the powers of the highway supervisor until the county legislative body acts to fill the vacancy.

Effective upon 2/3 approval of the county legislative body.

 

WILLIAMSON

Private Chapter 9         House Bill 1135 Senate Bill 400
Divides the general sessions court of Williamson County into parts I and II. The present judge will become the judge of Part I, and  the county legislative body shall appoint a judge for Part II in 1995 to serve until a judge for part II is  elected to an  8 year  term in the August 1996 general election. The judge of part I will be the  senior judge with the authority to assign cases for trial until September 1, 1997, whereupon the position of senior judge shall rotate annually between parts I and II. Amends Chapter  424 of  the Private Acts of 1939, as amended by Chapter 186 of   the Private Acts of 1957 and Chapter 261 of the Private Acts of  1976.

Effective upon 2/3 approval of the county legislative body.

 

WILSON

 
Private Chapter 43           Senate Bill 1613 House Bill 1545
Amends Chapter 330 of the Private Acts of 1901, as amended, to authorize the  Tenth Special School District of Wilson County to issue and sell school bonds in a principal amount not to exceed $5,500,000.

 

Effective  April 21, 1995.