Legislation We Support

 

HB 0340 by Daniel

SB 0362 by Niceley

Our Summary:

This bill would create a process to determine whether there is probable cause before proceeding with asset forfeiture and close a loophole allowing state and local police to circumvent stringent state asset forfeiture laws by passing cases off to the feds.

Legislative Summary:

Forfeiture of Assets - As introduced, makes various changes to civil forfeiture procedure, including requiring the district attorney general to review the underlying circumstances of a seizure to determine if probable cause exists to justify forfeiture and, when appropriate, file a motion to dismiss the application for forfeiture warrant, upon which the court shall dismiss the application and return the seized property. - Amends TCA Title 40, Chapter 33

 

HB 1265 by Holt

SB 0513 by Roberts

Our Summary:

This is a transparency bill that would require a city or county negotiating with a company to make negotiations public.

Legislative Summary:

Economic and Community Development - As introduced, enacts the "Fair Accountability and Clarity in Tax Subsidies Act." - Amends TCA Title 4 and Title 67.

 

HB 0039 by Van Huss

SB 0491 by Bowling

Our Summary:

This legislation phases out the professional privilege tax which taxes individuals with an active license that practice certain professions, including architecture, engineering, and landscape architecture.

Legislative Summary:

Taxes, Privilege - As introduced, phases out the professional privilege tax over a five-year period for tax years that begin on and after June 1, 2019. - Amends TCA Title 67, Chapter 4, Part 17.

 

HB 0040 by Van Huss

SB 0492 by Bowling

Our Summary:

This legislation immediately abolishes the professional privilege tax which taxes individuals with an active license that practice certain professions, including architecture, engineering, and landscape architecture.

Legislative Summary:

Taxes, Privilege - As introduced, eliminates the professional privilege tax for the tax year ending on May 31, 2020, and subsequent tax years. - Amends TCA Title 67, Chapter 4, Part 17.

 

HB 0330 by White M

SB 1099 by Dickerson

Our Summary:

This legislation phases out the amusement tax which is placed on memberships to gyms, fitness centers and health clubs with less than 15,000 square feet. As such, it disproportionately impacts small business owners.

Legislative Summary:

Taxes, Amusement - As introduced, removes amusement tax on dues or fees to membership sports and recreation clubs. - Amends TCA Section 67-6-212 and Section 67-6-330.

 

HB 0005 by DaniEL

SB 0008 by Briggs

Our Summary:

This legislation immediately eliminates the amusement tax which is placed on memberships to gyms, fitness centers and health clubs with less than 15,000 square feet. As such, it disproportionately impacts small business owners.

Legislative Summary:

Taxes, Amusement - As introduced, eliminates the amusement tax on health clubs and fitness facilities; eliminates the amusement tax exemption for certain health clubs and fitness facilities. - Amends TCA Section 67-6-212 and Section 67-6-330.

 

HB 0777 by Ramsey

SB 1097 by Dickerson

Our Summary:

This is legislation intended to address the “SLAPP” problem which creates a process for an individual to petition a court to dismiss a legal action that is based on the person's exercise of the right to free speech, the right to petition, or the right of association. SLAPP is a “strategic lawsuit against public participation” which is basically a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

Legislative Summary:

Civil Procedure - As introduced, creates a process by which a person may petition a court to dismiss a legal action that is based on the person's exercise of the right to free speech, right to petition, or right of association. - Amends TCA Title 20.

 

HB 0235 by Johnson G

SB 0256 by Kyle

Our Summary:

This decriminalizes the possession of less than one ounce of marijuana statewide.

Legislative Summary:

Criminal Offenses - As introduced, decriminalizes the possession of less than one ounce of marijuana. - Amends TCA Title 39, Chapter 17, Part 4 and Title 40.

 

HB 0563 by ZachaRY

SB 0364 by Gardenhire

Our Summary:

This restricts the state from being able to discriminate against a private business based on that business’s internal policies.

Legislative Summary:

Business and Commerce - As introduced, prohibits state and local governmental entities from taking discriminatory action against a business based on that business's internal policies. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 48; Title 61; Title 62 and Title 67.

 

HB 0547 by Curcio

SB 0589 by Dickerson

Our Summary:

This legislation restores the voting rights for felons, excluding individuals convicted of first degree murder, aggravated rape, treason, or voter fraud, upon completion of their sentence.

Legislative Summary:

Criminal Procedure - As introduced, restores the voting rights of persons convicted of certain infamous crimes upon receipt of a pardon or completion of any sentence of incarceration, parole, or probation. - Amends TCA Section 2-2-102 and Title 40, Chapter 29.

 

HB 0137 by Chism

SB 0036 by Gilmore

Our Summary:

This legislation allows felons to apply for the restoration of voting rights, upon completion of their sentence if they’ve paid or are paying fines.

Legislative Summary:

Criminal Procedure - As introduced, enables a person who has been disqualified from exercising the right to vote due to a felony conviction to apply for restoration of voting rights if making payments in accordance with a payment plan for court costs, restitution, or overdue child support. - Amends TCA Title 40, Chapter 29, Part 2.

 

HB 1475 by *Hardaway

SB 1321 by Kyle

Our Summary:

This legislation makes it a minor felony for a law enforcement officer to turn off his camera in any manner that would obstruct justice.

Legislative Summary:

Law Enforcement - As introduced, creates Class E felony of law enforcement officer operating a law enforcement body camera in any manner that would prevent the creation of evidence with the intent to obstruct justice. - Amends TCA Title 10 and Title 39

 

Legislation We Oppose

 

HB 1049 by Johnson G

SB 0943 by Kyle

Our Summary:

This is a “red flag” law that lets the state skirt due process by allowing law enforcement to issue an “extreme risk protection order” that prevents individuals from being able to lawfully possess a firearm. An “extreme risk protection order” is received when judge to make a rules on whether or not to issue the order after law enforcement requests an order and presents details of the investigation. If ordered, the subject would be prohibited from owning, purchasing or having in their control a firearm or ammunition.

Legislative Summary:

Firearms and Ammunition - As introduced, authorizes the issuance of an extreme risk protection order that a law enforcement officer may seek to prevent a restrained person from being able to lawfully possess a firearm when the officer believes that the person is a danger to the person or another. - Amends TCA Title 39, Chapter 17, Part 13.

 

SB 0400 by Stevens

HB 0258 by Littleton

Our Summary:

Speeds up the process to enact the death penalty by removing their initial appeal. The amendment, according to Senator Stevens, saves TN taxpayers slightly less than $40,000 and saves a victim's family only 6 months of waiting between conviction and execution. That trade off means that potentially more cases will be overturned due to trial errors without additional eyes from the criminal case experts in the appellate court of appeals.

Legislative Summary:

Criminal Procedure - As introduced, enacts the "Sergeant Daniel Baker Act," which removes the appeal to the court of criminal appeals in death penalty cases; provides for automatic direct review by the Tennessee supreme court for convictions for which a sentence of death is imposed. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35.

 

SB 0475 by Briggs

HB 0364 by Hill M

Our Summary:

Requires Schedule II opioids, Schedule II stimulants, and Schedule IV benzodiazepines in pill bottles that have combination locks.

Legislative Summary:

Drugs, Prescription - As introduced, requires that Schedule II opioids, Schedule II stimulants, and Schedule IV benzodiazepines be dispensed in a lockable vial; provides exceptions where it is not practicable to dispense the controlled substance in a lockable vial or there is a request from the user not to do so. - Amends TCA Title 53 and Title 63.

 

HB 1369 by Sexton J

SB 1282 by Pody

Our Summary:

This is a “defense of marriage” bill that doesn’t remove marriage licenses and may cost the state lots of money in litigation.

Legislative Summary:

Marriage - As introduced, enacts the "Tennessee Natural Marriage Defense Act," which states the policy of Tennessee to defend natural marriage between one man and one woman regardless of any court decision to the contrary. - Amends TCA Title 36.

 

HB 0626 by Lamberth

SB 0590 by Haile

Our Summary:

Restricts the amount of public records an individual can request from the state to three (3) if the court is petitioned for an injunction.

Legislative Summary:

Public Records - As introduced, authorizes a records custodian to petition a court for an injunction to prohibit a person from making records requests that constitute harassment. - Amends TCA Title 10, Chapter 7, Part 5 and Title 29.

 


HB 0781 by Ramsey

SB 0055 by Massey

Our Summary:

Creates a regulatory oversight board and requires a license to become an art therapist in Tennessee.

Legislative Summary:

Professions and Occupations - As introduced, creates the professional art therapist advisory committee of the board of examiners in psychology to regulate the practice of art therapy. - Amends TCA Title 4, Chapter 29, Part 2 and Title 63.

 

HB 1168 by Weaver

SB 0659 by Bowling

Our Summary:

Allows the state to prosecute a women for assault if the woman tests positives for usage of narcotics while pregnant.

Legislative Summary:

Criminal Offenses - As introduced, authorizes prosecution of a woman for assault based on the woman's illegal use of a narcotic drug while pregnant if the child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of the woman's use of a narcotic drug while pregnant; provides enrollment in an addiction recovery program while pregnant and successful completion of the program is an affirmative defense. - Amends TCA Title 39.

 

HB 0504 by Eldridge

SB 0915 by Southerland

Our Summary:

Allows members of the general assembly to campaign in even-numbered years, encouraging them to shorten their legislative session to fundraise.

Legislative Summary:

Campaigns and Campaign Finance - As introduced, authorizes members of the general assembly and political campaign committees to fundraise during a recess in even-numbered years if the general assembly adjourns before May 15 for a period of not less than 10 calendar days, Sundays excepted. - Amends TCA Title 2, Chapter 10, Part 3.

 

HB 0505 by Eldridge

SB 0914 by Southerland

Our Summary:

Allows members of the general assembly to campaign in even-numbered years, encouraging them to shorten their legislative session to fundraise. Also resets the campaign contribution limit for state senate candidates every two years rather every four years.

Legislative Summary:

Campaigns and Campaign Finance - As introduced, authorizes members of the general assembly and political campaign committees to fundraise during a recess in even-numbered years if the general assembly adjourns before May 15 for a period of not less than 10 calendar days, Sundays excepted; resets campaign contribution limits for candidates for the state senate every two years. - Amends TCA Title 2, Chapter 10, Part 3.

 

HB 1484 by Towns

SB 0872 by Akbari

Our Summary:

Allows candidates to use their campaign funds to pay fines, fees, and penalties associated with the violation of campaign finance laws.

Legislative Summary:

Campaigns and Campaign Finance - As introduced, authorizes the use of campaign funds for the payment of fines, fees, and penalties assessed for the violation of campaign finance laws. - Amends TCA Title 2, Chapter 10.

 

HB 1152 by Ragan

SB 0848 by Hensley

Our Summary:

This is an attempt to legalize state-funded discrimination by allowing state subsidized adoption agencies to discriminate against gay or non-traditional parents qualified to seek adoption if the agency has a written moral code excluding it. Agencies that take no state subsidy should be excluded from this legislation, but this bill has no such provision. Also prevents state or local government from suing agencies that decline services that conflict with the agency's religious belief.

Legislative Summary:

Adoption - As introduced, specifies that a child-placing agency shall not be required to provide adoption services that conflict with the agency's sincerely held religious beliefs; prohibits adverse action by an agency of state or local government against a child-placing agency for declining to provide services that conflict with the agency's sincerely held religious beliefs. - Amends TCA Section 4-1-407 and Title 36.

 

HB 0836 by Rudd

SB 1304 by Pody

Our Summary:

This is an attempt to legalize state-funded discrimination by allowing state subsidized adoption agencies to discriminate against gay or non-traditional parents qualified to seek adoption if the agency has a written moral code excluding it. Agencies that take no state subsidy should be excluded from this legislation, but this bill has no such provision.

Legislative Summary:

Adoption - As introduced, prohibits a private licensed child-placing agency from being required to perform, assist, consent to, refer, or participate in any child placement for foster care or adoption that would violate the agency's written religious or moral convictions. - Amends TCA Title 36, Chapter 1, Part 1.

 

HB 1398 by Rudd

SB 1303 by Pody

Our Summary:

Closes the primaries to only registered Democrat or Republican voters depite of the fact that statewide primaries are publicly funded by Independent and other non-traditional voters.

Legislative Summary:

Election Laws - As introduced, requires a person to declare a statewide political party affiliation before voting in a primary election. - Amends TCA Title 2.

 

HB 1454 by Ramsey

SB 1200 by Reeves

Our Summary:

This legislation attempts to raise the smoking age from 18 to 21.

Legislative Summary:

Tobacco, Tobacco Products - As introduced, increases age of persons allowed to use tobacco and vapor products from 18 years of age to 21 years of age. - Amends TCA Title 4, Chapter 29; Title 39, Chapter 17; Title 39, Chapter 15; Title 43 and Title 68.