Posted: 3/12/2011 7:30:29 AM EDT
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Tennessee Firearms Association, Inc.
Legislative Action Committee ________________________________________ Check the TFA Online Forum for Updates on Chapter Meetings! Link to Local Chapters ________________________________________ Calendars Monday, March 14, 2011 Senate Consent 2 –– Monday at 5:00 pm –– Senate Chamber SB 1558 Ketron CRIMINAL LAW: Exchanging confiscated firearms - law enforcement agencies. Authorizes the commissioner of safety, the director of the TBI, the executive director of the TN Alcoholic Beverage Commission, the executive head of any municipal or county law enforcement agency, or the director of a judicial district drug task force to exchange confiscated firearms with other law enforcement agencies for body armor and ammunition as well as for other firearms. (HOUSE: HB 1176, Rich; Set for House General Subcommittee of Judiciary 03/16/2011.) FISCAL NOTE: Dated: March 4, 2011 Not significant. Tuesday, March 15, 2011 House General Subcommittee of Conservation & Environment –– Tuesday at 10:30 am –– LP 30 MEMBERS: Chair Lollar (R), Vice Chair Floyd (R), Curtiss (D), Gilmore (D), Hawk (R), Kernell (D), Marsh (R), Niceley (R), Swann (R), Tidwell (D). HB 1112 Niceley ENVIRONMENT & NATURE: White-tailed Deer Breeding and Farming Act. Allows persons to breed and farm white-tailed deer. Sets up the farmed white-tail deer advisory committee, composed of five members, to advise the commissioner of agriculture on issues related to deer farming. Establishes procedure to acquire licenses, update changes in applicant's information, inspections of deer farms, disposal of deceased deer, removal of farmed deer. Requires every deer farmer, whether commercial or noncommercial, to first receive a license from the department of agriculture. Requires the deer farmer to update any changes to the farmer's facility and criminal convictions. Requires the farm to have an eight foot tall fence to prevent such deer from escaping. Allows only the owner or farm operator to slaughter such deer. Creates a Class D felony for any person, other than the owner, operator, or treating veterinarian, to knowingly injure any farmed white-tailed deer upon the farm's premises. Creates a Class A misdemeanor for a person to refuse an inspection, intentionally commingle farmed deer with a native deer, fail to maintain certain records, fail to pay certain fees, or fail to comply with a department order. (16 pp.) (SENATE: SB 1568, Ketron; Referred to Senate Environment, Conservation & Tourism.) FISCAL NOTE: Dated: March 7, 2011 Increase state revenue - $21,900/FY11-12. $36,900/FY12-13 and subsequent years. Increase state expenditures - $643,500/FY11-12/Wildlife Fund. $919,500/FY12-13/Wildlife Fund. $887,800/FY13-14 and subsequent year/Wildlife Fund. Exceeds $500,000/Department of Agriculture. $43,600/Incarceration. Increase local revenue - not significant. Increase local expenditures - not significant. A more precise cost estimate is not possible because the Department of Agriculture has not provided any information to assist in the preparation of this fiscal note. HB 0799 Dennis ENVIRONMENT & NATURE: Use of spotlight to hunt deer. Changes what constitutes the unlawful use of a spotlight from using a spotlight "in an apparent attempt or intent to locate deer by the use of such light" to making it unlawful to use a spotlight "with the intent of hunting deer". (SENATE: SB 0836, Bell; Referred to Senate Environment, Conservation & Tourism.) FISCAL NOTE: Dated: March 4, 2011 Not significant. House Judiciary Committee –– Tuesday at 10:30 am –– LP 16 MEMBERS: Chair Watson (R), Vice Chair Coley (R), Secretary Dennis (R), Bass (D), Camper (D), Elam (R), Faison (R), Gotto (R), Lundberg (R), Maggart (R), Matheny (R), Moore (D), Rich (R), Sontany (D), Stewart (D), Womick (R). HB 0395 Watson E. PUBLIC EMPLOYEES: Carrying of firearm by retired law enforcement officers. Requires a retired law officer certified to carry firearms that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as an active officer by satisfying specified conditions to meet standards established by the Tennessee POST commission every four years. Specifies that authorization under this method to carry a firearm in not valid outside the state of Tennessee. AMENDMENT: House Judiciary amendment 1, as amended, rewrites the bill. Allows retired officers to meet the standards of handgun carry permit requirements for civilians instead of existing standards for retired officers, which are more extensive. (SENATE: SB 0558, McNally; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 21, 2011 Not significant. Senate Judiciary Committee –– Tuesday at 3:30 pm –– LP 12 MEMBERS: Chair Beavers (R), Vice Chair Overbey (R), Secretary Bell (R) Barnes (D), Campfield (R), Ford (D), Kelsey (R), Marrero (D), Yager (R). SB 0775 Ketron CRIMINAL LAW: Firearm licensure for retired law enforcement officers. Requires a retired officer to be eligible to carry a firearm under federal law in order to be issued certification to carry a firearm of the same type as an active officer and provides guidelines for the Tennessee POST commission to determine eligibility under federal law. Requires submission of an application with two sets of fingerprints to be forwarded to the Tennessee bureau of investigations and the federal bureau of investigations to conduct criminal history checks. Requires the POST commission to notify an applicant within 10 days of a denial in writing stating a factual basis for the denial. Revokes such certification automatically if a retired officer becomes ineligible to carry a firearm under federal law. (HOUSE: HB 0888, Todd; Referred to House General Subcommittee of Judiciary.) SB 0690 Norris CRIMINAL LAW: Penalty for discharging a firearm into a habitation. Increases the penalties for reckless endangerment regarding discharging a firearm into a habitation. (HOUSE: HB 1068, Rich; Set for House General Subcommittee of Judiciary 03/16/2011.) FISCAL NOTE: Dated: March 2, 2011 Increase state expenditures - $115,100/incarceration. SB 0114 Campfield JUDICIARY: Creates office of solicitor general. Creates the office of solicitor general and outlines various rules concerning qualifications and appointment. Transfers to the solicitor general various duties currently belonging to the attorney general, including: to defend the constitutionality of public, private and administrative legislation enacted by the general assembly, and to notify the fiscal review committee and speakers of suits which raise the issue of insufficient funding of the law. Grants the solicitor general powers currently given to the attorney general concerning compelling witness testimonies and designating an attorney general investigator. (HOUSE: HB 0285, Dennis; Referred to House General Subcommittee of Judiciary.) Wednesday, March 16, 2011 Senate General Welfare Committee –– Wednesday at 10:00 am –– LP 12 MEMBERS: Chair Crowe (R), Vice Chair B. Watson (R), Campfield (R), O. Ford (D), Henry (D), Herron (D), McNally (R), Overbey (R), Roberts (R). SB 0850 Henry GOVERNMENT ORGANIZATION: Updates terminology regarding individuals with disabilities. Updates terminology related to individuals with disabilities throughout TN Code. Clarifies that nothing in the bill is meant to alter eligibility for services for individuals who are covered by these provisions prior to passage. Deletes the requirement that no marriage license shall be granted if either applicant is "insane" or "an imbecile". (16 pp.) AMENDMENT: House Health and Human Resources amendment 2 deletes Section 29 of the original bill. Section 29 of the original bill deleted the language "insane or an imbecile" in the statute that prohibits a marriage license from being issued when it appears that the applicants or either of them is at the time drunk, insane, or an imbecile. (HOUSE: HB 1089, Casada; House Health & Human Resources 03/09/2011 recommended with amendment 2. Sent to House Calendar & Rules.) FISCAL NOTE: Dated: February 28, 2011 Not significant. House Conservation & Environment Committee –– Wednesday at 12:30 pm –– LP 29 The committee will hear a presentation from the Tennessee Department of Environment and Conservation, Underground Storage Tank Division. MEMBERS: Chair Hawk (R), Vice Chair Lollar (R) Secretary Floyd (R), Butt (R), Curtiss (D), Gilmore (D), Holt (R), Kernell (D), Marsh (R), McDonald (D), Niceley (R), Swann (R), Tidwell (D). HB 0539 Womick ENVIRONMENT & NATURE: Hunter education course exemptions. Exempts persons with certain weapons training, including certification as a peace officer, completion of a law enforcement training academy, completion of certain firearms training courses, or completion of at least four hours of handgun training from any branch of the military from the hunter education course required before being able to hunt. (SENATE: SB 0298, Ketron; Set for Senate Environment, Conservation & Tourism Committee 03/16/2011.) FISCAL NOTE: Dated: February 19, 2011 Not significant. Senate Environment, Conservation & Tourism Committee –– Wednesday at 2:00 pm –– LP 12 MEMBERS: Chair Southerland (R), Vice Chair Johnson (R), Secretary Summerville (R), Bell (R), Faulk (R), Herron (D), Marrero (D), Roberts (R), Stewart (D). SB 0298 Ketron ENVIRONMENT & NATURE: Hunter education course exemptions. Exempts persons with certain weapons training, including certification as a peace officer, completion of a law enforcement training academy, completion of certain firearms training courses, or completion of at least four hours of handgun training from any branch of the military from the hunter education course required before being able to hunt. (HOUSE: HB 0539, Womick; Set for House Conservation & Environment Committee 03/16/2011.) FISCAL NOTE: Dated: February 19, 2011 Not significant. House General Subcommittee of Education –– Wednesday at 3:30 pm –– LP 29 MEMBERS: Chair Hensley (R), Vice Chair Carr (R), H. Brooks (R), K. Brooks (R), J. DeBerry (D), L. DeBerry (D), Dunn (R), Fitzhugh (D), Lollar (R), Maggart (R), Montgomery (R), Naifeh (D), Pitts (D). HB 1720 Cooper B. EDUCATION: Grounds for criminal charges being filed against student. Specifies that no arrest warrant may be issued or criminal charges pressed against a student for actions taken on school grounds or within any school building or structure, except for the following: (1) Unauthorized possession on school property of a firearm; (2) Battery upon a teacher, principal, administrator, any other employee of an LEA, or school resource officer; (3) Unlawful possession of any drug, including any controlled substance or legend drug (prescription drug); (4) Making a bomb threat against school property; or (5) Vandalism or assault and battery endangering life, health, or safety. Clarifies that nothing in this bill should prevent any disciplinary action being taken by a school or LEA for actions taken by a student. (SENATE: SB 2039, Ford O.; Referred to Senate Education.) FISCAL NOTE: Dated: March 3, 2011 Not significant. House General Subcommittee of Judiciary –– Wednesday at 3:30 pm –– LP 31 MEMBERS: Chair Coley (R), Vice Chair Dennis (R), Bass (D), Camper (D), Lundberg (R), Matheny (R), Rich (R), Sontany (D), Watson (R). HB 1183 FloydCRIMINAL LAW: First time misdemeanor offense - expungement of records. Allows a person convicted of a misdemeanor offense for the first time who is put on probation, successfully completes probation and does not commit another criminal offense for three years, to have such person's records regarding the misdemeanor offense expunged. (SENATE: SB 1422, Watson B.; Referred to Senate Judiciary.) HB 1280 MathenyCRIMINAL LAW: Weapons seized as contraband to be sold in a public sale. Requires that all weapons seized as contraband that are not used in law enforcement be sold in a public sale. (SENATE: SB 0402, Campfield; Referred to Senate Judiciary.) HB 1068 RichCRIMINAL LAW: Penalty for discharging a firearm into a habitation. Increases the penalties for reckless endangerment regarding discharging a firearm into a habitation. (SENATE: SB 0690, Norris; Set for Senate Judiciary Committee 03/15/2011.) FISCAL NOTE: Dated: March 2, 2011 Increase state expenditures - $115,100/incarceration. HB 1072 RichCRIMINAL LAW: Carrying of firearm on school property by law enforcement. Allows law enforcement officer not engaged in duties to carry a firearm on school property during school hours if the officer shows proof of being officer upon request by school staff, instead of the officer notifying the school principal that such officer will be present and carrying a firearm. (SENATE: SB 0839, Bell; Referred to Senate Judiciary.) HB 1176 RichCRIMINAL LAW: Exchanging confiscated firearms - law enforcement agencies. Authorizes the commissioner of safety, the director of the TBI, the executive director of the TN Alcoholic Beverage Commission, the executive head of any municipal or county law enforcement agency, or the director of a judicial district drug task force to exchange confiscated firearms with other law enforcement agencies for body armor and ammunition as well as for other firearms. (SENATE: SB 1558, Ketron; Set for Senate Consent 2 03/14/2011.) FISCAL NOTE: Dated: March 4, 2011 Not significant. ________________________________________ The following legislation has had activity changes since March 7, 2011 SB 0051 Campfield HB 2014 HoltCRIMINAL LAW: College faculty allowed to carry weapons on campus. Authorizes full-time faculty and staff at public post-secondary institutions to carry handguns on the premises of such institutions upon receipt of a directive from the head of the institution and upon completing an annual firearms training program. TCA Secs. 39-17-1300; 39-17-1310; 39-17-1315 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 0114 Campfield HB 0285 DennisJUDICIARY: Creates office of solicitor general. Creates the office of solicitor general and outlines various rules concerning qualifications and appointment. Transfers to the solicitor general various duties currently belonging to the attorney general, including: to defend the constitutionality of public, private and administrative legislation enacted by the general assembly, and to notify the fiscal review committee and speakers of suits which raise the issue of insufficient funding of the law. Grants the solicitor general powers currently given to the attorney general concerning compelling witness testimonies and designating an attorney general investigator. TCA Secs. 08-06-0109; 08-06-0400 Senate Status: Set for Senate Judiciary Committee 03/15/2011. House Status: Referred to House General Subcommittee of Judiciary. SB 0298 Ketron HB 0539 WomickENVIRONMENT & NATURE: Hunter education course exemptions. Exempts persons with certain weapons training, including certification as a peace officer, completion of a law enforcement training academy, completion of certain firearms training courses, or completion of at least four hours of handgun training from any branch of the military from the hunter education course required before being able to hunt. TCA Secs. 70-02-0100; 70-02-0108 Senate Status: Set for Senate Environment, Conservation & Tourism Committee 03/16/2011. House Status: Set for House Conservation & Environment Committee 03/16/2011. SB 0398 Campfield HB 2015 HoltCRIMINAL LAW: Law enforcement personnel, weapons at public colleges. Authorizes active and retired law enforcement officers as well as active and honorably discharged military personnel to carry weapons on public colleges and universities. TCA Secs. 39-17-1300; 39-17-1310; 39-17-1315 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 0399 Campfield HB 2016 HoltEDUCATION: College faculty and staff permitted to carry handgun. Authorizes full-time faculty and members of the staff at any public post-secondary institution to carry a firearm on campus if such faculty or staff member has a valid handgun carry permit. TCA Secs. 39-17-1300; 39-17-1309; 39-17-1315 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 0402 Campfield HB 1280 MathenyCRIMINAL LAW: Weapons seized as contraband to be sold in a public sale. Requires that all weapons seized as contraband that are not used in law enforcement be sold in a public sale. TCA Secs. 39-17-1300; 39-17-1317 Senate Status: Referred to Senate Judiciary. House Status: Set for House General Subcommittee of Judiciary 03/16/2011. SB 0508 Marrero HB 0216 HardawayGOVERNMENT ORGANIZATION: Committee to Study A Second Chance for Ex-Offenders. Creates a special joint committee known as the "Committee to Study a Second Chance for Ex-Offenders." Requires such committee to study TN laws affecting ex-offenders who are released from incarceration at the conclusion of their sentences and amendment of such laws to ensure such ex-offenders can re-enter the community in a manner that fosters their success and discourages recidivism. Requires the committee to consist of three members of the house of representatives and three members of the senate. Requires the commissioners of correction, economic and community development, and labor and workforce development to serve as ex officio voting members of the committee. Broadly captioned. TCA Secs. 39-00-0000; 40-00-0000; 41-00-0000; 50-00-0000 Senate Status: Referred to Senate Delayed Bills Committee. House Status: Referred to House General Subcommittee of State & Local Government. SB 0519 Bell HB 0283 DennisLABOR LAW: Employer allowing gun on property not TOSHA violation. Specifies that a corporation, business entity or governmental entity permitting a person with a handgun carry permit to carry a handgun on such entity's property does not constitute a TOSHA occupational safety and health hazard. Amendment: Senate amendment 1, House Consumer & Employee Affairs amendment 1 removes the intent language at the beginning of the bill. Makes no substantive change to the bill. TCA Secs. 50-03-0000; 50-03-0201 Senate Status: Senate 02/28/2011 passed with amendment 1. House Status: Set for House floor 03/17/2011. SB 0558 McNally HB 0395 Watson E.PUBLIC EMPLOYEES: Carrying of firearm by retired law enforcement officers. Requires a retired law officer certified to carry firearms that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as an active officer by satisfying specified conditions to meet standards established by the Tennessee POST commission every four years. Specifies that authorization under this method to carry a firearm in not valid outside the state of Tennessee. Amendment: House Judiciary amendment 1, as amended, rewrites the bill. Allows retired officers to meet the standards of handgun carry permit requirements for civilians instead of existing standards for retired officers, which are more extensive. TCA Secs. 38-08-0100; 38-08-0116 Senate Status: Referred to Senate Judiciary. House Status: Set for House Judiciary Committee 03/15/2011. SB 0690 Norris HB 1068 RichCRIMINAL LAW: Penalty for discharging a firearm into a habitation. Increases the penalties for reckless endangerment regarding discharging a firearm into a habitation. TCA Secs. 39-00-0000; 39-13-0103 Senate Status: Set for Senate Judiciary Committee 03/15/2011. House Status: Set for House General Subcommittee of Judiciary 03/16/2011. SB 0775 Ketron HB 0888 ToddCRIMINAL LAW: Firearm licensure for retired law enforcement officers. Requires a retired officer to be eligible to carry a firearm under federal law in order to be issued certification to carry a firearm of the same type as an active officer and provides guidelines for the Tennessee POST commission to determine eligibility under federal law. Requires submission of an application with two sets of fingerprints to be forwarded to the Tennessee bureau of investigations and the federal bureau of investigations to conduct criminal history checks. Requires the POST commission to notify an applicant within 10 days of a denial in writing stating a factual basis for the denial. Revokes such certification automatically if a retired officer becomes ineligible to carry a firearm under federal law. TCA Secs. 38-08-0100; 38-08-0116 Senate Status: Set for Senate Judiciary Committee 03/15/2011. House Status: Referred to House General Subcommittee of Judiciary. SB 0836 Bell HB 0799 DennisENVIRONMENT & NATURE: Use of spotlight to hunt deer. Changes what constitutes the unlawful use of a spotlight from using a spotlight "in an apparent attempt or intent to locate deer by the use of such light" to making it unlawful to use a spotlight "with the intent of hunting deer". TCA Secs. 70-04-0100; 70-04-0110 Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: Set for House General Subcommittee of Conservation & Environment 03/15/2011. SB 0837 Bell HB 1305 DeanCRIMINAL LAW: Bounty hunters required to have criminal background check. Requires bounty hunters to undergo a criminal background check. TCA Sec. 40-11-0318 Senate Status: Senate Judiciary deferred 03/22/2011. House Status: Referred to House General Subcommittee of Judiciary. SB 0839 Bell HB 1072 RichCRIMINAL LAW: Carrying of firearm on school property by law enforcement. Allows law enforcement officer not engaged in duties to carry a firearm on school property during school hours if the officer shows proof of being officer upon request by school staff, instead of the officer notifying the school principal that such officer will be present and carrying a firearm. TCA Sec. 39-17-1350 Senate Status: Referred to Senate Judiciary. House Status: Set for House General Subcommittee of Judiciary 03/16/2011. SB 0850 Henry HB 1089 CasadaGOVERNMENT ORGANIZATION: Updates terminology regarding individuals with disabilities. Updates terminology related to individuals with disabilities throughout TN Code. Clarifies that nothing in the bill is meant to alter eligibility for services for individuals who are covered by these provisions prior to passage. Deletes the requirement that no marriage license shall be granted if either applicant is "insane" or "an imbecile". (16 pp.) Amendment: House Health and Human Resources amendment 2 deletes Section 29 of the original bill. Section 29 of the original bill deleted the language "insane or an imbecile" in the statute that prohibits a marriage license from being issued when it appears that the applicants or either of them is at the time drunk, insane, or an imbecile. TCA Secs. 01-00-0000; 01-03-0105; 04-00-0000; 04-12-0111; 04-20-0107; 07-00-0000; 07-31-0114; 08-00-0000; 08-30-0326; 11-00-0000; 11-03-0202; 13-00-0000; 13-23-0202; 13-24-0101; 13-24-0102; 13-24-0104; 15-00-0000; 16-00-0000; 16-10-0201; 16-11-0108; 16-16-0107; 20-00-0000; 20-12-0128; 27-00-0000; 27-06-0106; 28-00-0000; 28-01-0106; 28-02-0110; 29-00-0000; 29-05-0101; 29-13-0108; 29-14-0105; 30-00-0000; 30-02-0702; 32-00-0000; 32-04-0108; 34-00-0000; 34-05-0111; 34-05-0118; 36-00-0000; 36-01-0201; 36-03-0109; 37-00-0000; 37-05-0106; 39-00-0000; 39-13-0204; 39-16-0301; 49-00-0000; 49-03-0302; 49-03-0306; 49-03-0309; 49-10-0701; 49-11-0602; 49-11-0607; 49-11-0610; 49-11-0707; 49-11-0709; 49-11-0802; 49-11-0804; 50-00-0000; 50-06-0207; 50-09-0108; 54-00-0000; 54-12-0133; 54-12-0421; 55-00-0000; 55-08-0160; 55-08-0186; 55-09-0216; 55-09-0603; 55-21-0106; 55-21-0110; 55-50-0323; 56-00-0000; 56-07-2302; 56-51-0117; 62-00-0000; 62-13-0304; 66-00-0000; 66-07-0110; 66-11-0128; 66-28-0518; 67-00-0000; 67-03-0401; 67-05-0207; 68-00-0000; 68-11-0201; 68-11-1602; 68-12-0101; 68-12-0102; 68-12-0103; 68-12-0104; 68-12-0105; 68-12-0107; 68-12-0108; 68-12-0109; 68-12-0110; 68-120-0202; 68-120-0203; 68-120-0204; 69-00-0000; 69-05-0201; 68-05-0830; 70-00-0000; 70-02-0110; 71-00-0000; 71-04-0201; 71-04-0602; 71-04-0603; 71-04-2201; 71-05-2503 Senate Status: Set for Senate General Welfare Committee 03/16/2011. House Status: House Health & Human Resources 03/09/2011 recommended with amendment 2. Sent to House Calendar & Rules. SB 0954 Yager HB 1117 ToddCRIMINAL LAW: Additional crimes that prohibit restoration of voting right. Adds certain criminal convictions, containing the same elements and designated as a felony in any other state or federal court, to the current list of crimes that prohibit persons from being eligible to vote. TCA Sec. 40-29-0204 Senate Status: Referred to Senate State & Local Government. House Status: House State & Local Government 03/08/2011 recommended. Sent to House Calendar & Rules. SB 1198 Yager HB 0185 WindleCRIMINAL LAW: Permits UT and TBR farm employees to carry weapons on farms. Permits University of TN system or TN Board of Regents system farm employees to carry weapons on farms owned, used or operated by public higher education institutions. TCA Sec. 37-17-1309 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 1277 Ketron HB 0912 LundbergTORT LIABILITY: Written liability waivers regarding recreational activities. Allows any person, including minors, to waive, in writing, the landowner's duty of care for injuries that arise from the recreational use of the land, with the exception of gross negligence, willful or wanton conduct, or failure to warn against a dangerous condition. TCA Secs. 70-00-0000; 70-07-0101; 70-07-0102; 70-07-0103; 70-07-0105 Senate Status: Referred to Senate Judiciary. House Status: Withdrawn 03/07/2011 in House. SB 1422 Watson B. HB 1183 FloydCRIMINAL LAW: First time misdemeanor offense - expungement of records. Allows a person convicted of a misdemeanor offense for the first time who is put on probation, successfully completes probation and does not commit another criminal offense for three years, to have such person's records regarding the misdemeanor offense expunged. TCA Secs. 40-32-0100; 40-32-0101 Senate Status: Referred to Senate Judiciary. House Status: Set for House General Subcommittee of Judiciary 03/16/2011. SB 1558 Ketron HB 1176 RichCRIMINAL LAW: Exchanging confiscated firearms - law enforcement agencies. Authorizes the commissioner of safety, the director of the TBI, the executive director of the TN Alcoholic Beverage Commission, the executive head of any municipal or county law enforcement agency, or the director of a judicial district drug task force to exchange confiscated firearms with other law enforcement agencies for body armor and ammunition as well as for other firearms. TCA Secs. 39-17-1300; 39-17-1317 Senate Status: Set for Senate Consent 2 03/14/2011. House Status: Set for House General Subcommittee of Judiciary 03/16/2011. SB 1568 Ketron HB 1112 NiceleyENVIRONMENT & NATURE: White-tailed Deer Breeding and Farming Act. Allows persons to breed and farm white-tailed deer. Sets up the farmed white-tail deer advisory committee, composed of five members, to advise the commissioner of agriculture on issues related to deer farming. Establishes procedure to acquire licenses, update changes in applicant's information, inspections of deer farms, disposal of deceased deer, removal of farmed deer. Requires every deer farmer, whether commercial or noncommercial, to first receive a license from the department of agriculture. Requires the deer farmer to update any changes to the farmer's facility and criminal convictions. Requires the farm to have an eight foot tall fence to prevent such deer from escaping. Allows only the owner or farm operator to slaughter such deer. Creates a Class D felony for any person, other than the owner, operator, or treating veterinarian, to knowingly injure any farmed white-tailed deer upon the farm's premises. Creates a Class A misdemeanor for a person to refuse an inspection, intentionally commingle farmed deer with a native deer, fail to maintain certain records, fail to pay certain fees, or fail to comply with a department order. (16 pp.) TCA Secs. 44-00-0000; 44-21-0000; 70-04-0403; 70-04-0413 Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: Set for House General Subcommittee of Conservation & Environment 03/15/2011. SB 1735 Marrero HB 1972 Turner J.CAMPAIGNS & LOBBYING: Voting rights restoration. Removes requirement that a person must pay restitution to victims and be current on child support obligations and court costs to have right of suffrage restored. TCA Secs. 40-29-0200; 49-29-0202 Senate Status: Referred to Senate State & Local Government. House Status: Referred to House State & Local Government. SB 1775 Campfield HB 2039 FaisonCRIMINAL LAW: Judge permitted to carry firearm into courtroom. Allows a judge with a valid handgun carry permit who completes the firearms component of the of the Basic Law Enforcement Course that is included within the minimum curricula requirements for police officer certification to carry a weapon in the courtroom. TCA Secs. 39-17-0000; 39-17-1306; 39-17-1350 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 1779 Southerland HB 2042 CarrCRIMINAL LAW: Judges may carry firearm like law enforcement officer. Authorizes a judge who has a valid handgun carry permit to carry a firearm at all times and in the same places as a law enforcement officer is authorized. TCA Secs. 39-17-1300; 39-17-1350 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 1782 Burks HB 2045 WindleENVIRONMENT & NATURE: Environmental degradation of property by feral hogs. Establishes a person is justified in threatening or using any lawful force, when and to the degree it is reasonably believed that the force is immediately necessary, to protect real property from severe environmental degradation caused by a feral hog. Requires immunity from liability, civil or criminal. Establishes that lawful force includes the use of dogs to protect such property. TCA Secs. 39-11-0600; 39-11-0614; 70-04-0100 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 1871 Kyle HB 0086 HardawayCRIMINAL LAW: Crime-Free School Zone Act: specifics and penalties. Creates the "Crime-Free School Zone Act." Deletes the Drug-Free School Zone portion of the code. Provides greater monetary penalties for certain illegal drug crimes, crimes against a person, sexual offenses, firearm offenses, and deadly weapon offenses occurring on public school buses and within 1,000 feet of public school bus stops, K-12 schools, preschools, child care facilities, public libraries, public recreational centers, or public parks. TCA Secs. 39-00-0000; 39-17-0432; 40-00-0000; 40-35-0100; 49-00-0000 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. SB 2001 Stewart E. HB 0357 McDonaldENVIRONMENT & NATURE: Estimated acreage amounts to hunting and fishing lands. Requires the wildlife resource agency to post on its web site and submit to the chair of the conservation and environment committees of the house and senate a written report containing the estimated acreage that has been closed, opened, and added to recreational hunting and fishing lands. TCA Secs. 70-00-0000; 70-05-0101 Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: Referred to House General Subcommittee of Conservation and Environment. SB 2028 Marrero HB 2110 OdomENVIRONMENT & NATURE: Hunting on private lands or waters where house is visible. Makes it unlawful to hunt on private lands or waters within 100 yards of a visible dwelling house. TCA Secs. 70-04-0100; 70-04-0108 Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: Referred to House General Subcommittee of Conservation and Environment. SB 2039 Ford O. HB 1720 Cooper B.EDUCATION: Grounds for criminal charges being filed against student. Specifies that no arrest warrant may be issued or criminal charges pressed against a student for actions taken on school grounds or within any school building or structure, except for the following: (1) Unauthorized possession on school property of a firearm; (2) Battery upon a teacher, principal, administrator, any other employee of an LEA, or school resource officer; (3) Unlawful possession of any drug, including any controlled substance or legend drug (prescription drug); (4) Making a bomb threat against school property; or (5) Vandalism or assault and battery endangering life, health, or safety. Clarifies that nothing in this bill should prevent any disciplinary action being taken by a school or LEA for actions taken by a student. TCA Secs. 49-06-0000; 49-06-4300 Senate Status: Referred to Senate Education. House Status: Set for House General Subcommittee of Education 03/16/2011. SB 2055 Ford O. HB 0103 HardawayCRIMINAL LAW: Remedies of juvenile court for use of firearm by child. Permits juvenile court to order that a child be assigned a long-term mentor or that the child or child's family members receive counseling services if the child is found to be a delinquent child based on conduct involving the use of a firearm. Adds any offense involving the use of a firearm to the list of offenses for which a juvenile court may transfer a juvenile to adult court. Broadly captioned. TCA Secs. 37-00-0000; 37-01-0131; 37-01-0134; 39-00-0000; 40-00-0000 Senate Status: Referred to Senate Judiciary. House Status: Caption bill held on House clerk's desk. SB 2061 Campfield HB 2021 EvansCRIMINAL LAW: Employee permitted to store firearm in vehicle. Specifies that a private or public employer cannot prohibit an employee that possesses a valid handgun carry permit from entering the employer's parking lot and parking during the employee's regular work hours when the employee's privately-owned motor vehicle contains a firearm that is stored within the trunk, glove box, or other enclosed compartment and such motor vehicle is locked. Clarifies that these provisions do not apply to penal institutions, correctional facilities, and places where the transport of a firearm on the premises of the employer is prohibited by state or federal law. Specifies that no employer, property owner, or property owner's agent is to be held liable in any criminal or civil action for damages resulting from an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile. TCA Sec. 39-17-1300 Senate Status: Referred to Senate Judiciary. House Status: Referred to House General Subcommittee of Judiciary. Copyright, Tennessee Firearms Association, Inc. 2011 Copyright, John Harris 2011 P.O. Box 198722, Nashville, TN 37219 –––––––––––––––––– David Tennessee Firearms Association TFA Forum |