Tennessee Firearms Association, Inc. Legislative Action Committee

By Adrian | March 21, 2010

Calendars
Monday, March 22, 2010

House Consent — Monday at 5:00 pm — House Chamber
THIS IS THE OFFICIAL CALENDAR. HB 3968, HB 3973, HB 3974, HB 3975, and HB 3976 have been added. Item #28, SJR 862, is item #55 on the state’s calendar. The House will take up the following memorializing resolutions on consent: HR 280, HR 281, HJR 911-916, 918-926, SJR 851-861, 863 and 864.
HB 2480 <http://www.capitol.tn.gov/Bills/106/Bill/HB2480.pdf>
Casada TRANSPORTATION GENERAL: Williamson County-SSG Carey Thomas Moore Memorial Bridge. Designates the bridge spanning the Harpeth River on State Route 397 in Williamson County as the SSG Carey Thomas Moore Memorial Bridge. (SENATE: SB 2516, Johnson J.; Senate Transportation 02/09/2010 recommended. Sent to Senate Finance.) FISCAL NOTE: Dated: January 11, 2010 Increase state expenditures – $325/one-time/highway fund.
HB 2762 <http://www.capitol.tn.gov/Bills/106/Bill/HB2762.pdf>
Turner M. CRIMINAL LAW: Selling synthetic urine: crime and exemptions. Specifies that it is a Class C misdemeanor to sell synthetic urine, unless it is sold for education, medical, or scientific purposes and the seller provides documentation proving its purpose for each individual sale. (SENATE: SB 3008, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 25, 2010 Increase local revenue – not significant. Increase local expenditures – not significant.

Tuesday, March 23, 2010
Senate Environment, Conservation & Tourism Committee — Tuesday at 10:30 am — LP 12
Last Calendar. MEMBERS: Chair Southerland (R), Vice Chair Yager (R), Secretary E. Stewart (D), Barnes (D), Burks (D), Faulk (R), Jackson (D), J. Johnson (R), Woodson (R).
SB 1648 <http://www.capitol.tn.gov/Bills/106/Bill/SB1648.pdf>
Gresham ENVIRONMENT & NATURE: Hunting or taking of animals by use of bait. Clarifies that hunting or taking animals by use of bait shall not be prohibited unless the bait is visible at the time and location of such hunt or taking. AMENDMENT: House Conservation Wildlife Subcommittee amendment 1 rewrites the bill. Specifies that a violation of the no-baiting rule occurs only when the individual knew or should have known that bait was present. (HOUSE: HB 0725, Hensley; Set for House Conservation & Environment Committee 03/23/2010.) FISCAL NOTE: Dated: March 16, 2009 Decrease state revenue – $14,100/wildlife fund. Decrease local revenue – $29,100.
SB 0280 <http://www.capitol.tn.gov/Bills/106/Bill/SB0280.pdf>
Stewart E. ENVIRONMENT & NATURE: TDEC jurisdiction over the Off-Highway Vehicle Act. Transfers authority of the “Tennessee Off-Highway Vehicles Act” from the wildlife resources department to the department of environment and conservation. Clarifies some language but makes no other substantive changes. (HOUSE: HB 0365, Matheny; Set for House Wildlife Subcommittee 03/23/2010.) FISCAL NOTE: Dated: March 9, 2009 Increase state expenditures – $74,700/recurring/ wildlife resources fund $11,300/One-time/ wildlife resources fund Other Fiscal Impact – Shifts approximately $365,000 in federal revenue earmarked to the state for the OHV program from TWRA to TDEC.

Senate Transportation Committee — Tuesday at 11:30 am — LP 12
Last calendar. MEMBERS: Chair Tracy (R), Vice Chair Southerland (R), Secretary Barnes (D), Beavers (R), Berke (D), L. Finney (D), Gresham (R), Jackson (D), Yager (R).
SB 3028 <http://www.capitol.tn.gov/Bills/106/Bill/SB3028.pdf>
Faulk TRANSPORTATION VEHICLES: Registration and operation of ATVs. Defines, for purposes of registration and operation on specified highways under certain conditions, “all-terrain vehicle” (ATV) as designed for travel over unimproved terrain and being 52 inches or less with at least one head light and tail light and an unladen weight of 800 pounds of less with three or more low pressure tires. Encourages state and local government agencies to make local parks, natural areas and forest areas available for use by all-terrain vehicles to the extent practicable and coordinate with counties and municipalities to make certain streets, roads or highways available for ATV use. AMENDMENT: House Government Operations Committee amendment 1 revises definition of all-terrain vehicle (ATV). House Government Operations Committee amendment 2 changes effective date to January 1, 2011. (HOUSE: HB 3079, Shipley; Set for House Public Safety Subcommittee 03/23/2010.) FISCAL NOTE: Dated: February 16, 2010 Increase state revenue – $365,400/FY10-11. $374,500/FY11-12 and subsequent years. Increase state expenditures – $16,900/One-Time. $63,000/FY10-11 $64,600/FY11-12 and subsequent years. Increase local revenue – not significant/recurring. Increase local expenditures – not significant/recurring.

House Wildlife Subcommittee — Tuesday at 12:00 pm — LP 29
MEMBERS: Chair Lollar (R), Vice Chair Borchert (D), Floyd (R), Kernell (D), McCord (R), McDonald (D), Niceley (R), Tidwell (D).
HB 0365 <http://www.capitol.tn.gov/Bills/106/Bill/HB0365.pdf>
Matheny ENVIRONMENT & NATURE: TDEC jurisdiction over the Off-Highway Vehicle Act. Transfers authority of the “Tennessee Off-Highway Vehicles Act” from the wildlife resources department to the department of environment and conservation. Clarifies some language but makes no other substantive changes. (SENATE: SB 0280, Stewart E.; Set for Senate Environment, Conservation & Tourism Committee 03/23/2010.) FISCAL NOTE: Dated: March 9, 2009 Increase state expenditures – $74,700/recurring/ wildlife resources fund $11,300/One-time/ wildlife resources fund Other Fiscal Impact – Shifts approximately $365,000 in federal revenue earmarked to the state for the OHV program from TWRA to TDEC.

House Conservation & Environment Committee — Tuesday at 2:00 pm — LP 29
MEMBERS: Chair McCord (R), Vice Chair Tidwell (D), Secretary Floyd (R), Bell (R), Borchert (D), Fraley (D), Gilmore (D), Hawk (R), Kernell (D), Lollar (R), McDonald (D), Niceley (R).
HB 0725 <http://www.capitol.tn.gov/Bills/106/Bill/HB0725.pdf>
Hensley ENVIRONMENT & NATURE: Hunting or taking of animals by use of bait. Clarifies that hunting or taking animals by use of bait shall not be prohibited unless the bait is visible at the time and location of such hunt or taking. AMENDMENT: House Conservation Wildlife Subcommittee amendment 1 rewrites the bill. Specifies that a violation of the no-baiting rule occurs only when the individual knew or should have known that bait was present. (SENATE: SB 1648, Gresham; Set for Senate Environment, Conservation & Tourism Committee 03/23/2010.) FISCAL NOTE: Dated: March 16, 2009 Decrease state revenue – $14,100/wildlife fund. Decrease local revenue – $29,100.

House Finance, Ways & Means Committee — Tuesday at 2:00 pm — LP 16
The Committee will hold budget hearings for the Department of Military and Intellectual Disabilities. MEMBERS: Chair Fitzhugh (D), Vice Chair Sargent (R), Secretary Shaw (D), Armstrong (D), Bone (D), H. Brooks (R), K. Brooks (R), Brown (D), Casada (R), Coleman (D), L. DeBerry (D), Dunn (R), Eldridge (R), Harrison (R), C. Johnson (R), Maddox (D), Maggart (R), McDaniel (R), McManus (R), L. Miller (D), Montgomery (R), Mumpower (R), Naifeh (D), Odom (D), Roach (R), Rowland (R), Sontany (D), Tindell (D), M. Turner (D), Winningham (D).
HB 0969 <http://www.capitol.tn.gov/Bills/106/Bill/HB0969.pdf>
McCord CAMPAIGNS & LOBBYING: Restoration of voting rights. Requires a person to have paid all restitution to the victims, paid all fines imposed by the court, and paid all court costs before the person can have a voter registration card restored. AMENDMENT: House Judiciary committee amendment 1, Senate amendment 1 requires a person convicted of a felony to pay all court costs imposed before such person’s voting rights are restored, except where the court has made a finding at an evidentiary hearing that the applicant is indigent. House Finance amendment 1 changes effective date to July 1, 2010. (SENATE: SB 0440, Overbey; Senate 04/16/2009 passed with amendment 1.) FISCAL NOTE: Dated: February 25, 2009 Increase State Revenue – $12,200/General Fund $28,600/Dedicated Funds. Increase Local Revenue – $20,000.

Senate Judiciary Committee — Tuesday at 3:00 pm — LP 12
MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Overbey (R), Black (R), Bunch (R), Faulk (R), Kelsey (R), Kyle (D), Marrero (D).
SB 2757 <http://www.capitol.tn.gov/Bills/106/Bill/SB2757.pdf>
Jackson CRIMINAL LAW: Aggravating factors for purposes of imposing death sentence. Adds discrimination, drive-by-shooting, and witness intimidation to the list of statutory aggravating circumstances for imposing the death penalty or life imprisonment without the possibility of parole in first degree murder cases. (HOUSE: HB 2918, Fincher; House Finance Budget Subcommittee 02/24/2010 set behind budget.) FISCAL NOTE: Dated: February 9, 2010 Increase state expenditures – net impact – $134,100/incarceration*. Other Fiscal Impact – It is estimated that an average of two offenders every 10 years will receive a death sentence. The cost of executing each offender will exceed $15,000. The cost to the state for trials and appeals from death-sentenced offenders is substantially higher than for other cases. It is estimated that the additional cost of trials and appeals from death sentences will exceed $750,000 for each case.

House Judiciary Committee — Tuesday at 3:30 pm — LP 31
MEMBERS: Chair Coleman (D), Vice Chair Lundberg (R), Secretary Sontany (R), Bass (D), Camper (D), Coley (R), Dennis (R), Fincher (D), Matheny (R), Rich (R), Stewart (D), Watson (R).
HB 2718 <http://www.capitol.tn.gov/Bills/106/Bill/HB2718.pdf>
Campfield CRIMINAL LAW: Handgun carry permits: certified copy of birth certificate. Specifies that the requirement of a certified copy of a birth certificate for the issuance or renewal of a handgun carry permit. AMENDMENT: House Criminal Practice amendment 1 prohibits universities from banning students from owning firearms when the student does not bring the firearm or firearms onto campus. (SENATE: SB 3752, Bunch; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 26, 2010 Minimal. TFA SUPPORTS THE BILL WITH THE REWRITING AMENDMENT
HB 1801 <http://www.capitol.tn.gov/Bills/106/Bill/HB1801.pdf>
West CRIMINAL LAW: Handgun carry permits. Provides that “handgun carry permit” may be used interchangeably with “weapon carry permit” where applicable in existing Tennessee law concerning carry permits. (SENATE: SB 1615, Beavers; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Minimal. TFA SUPPORTS THE BILL
HB 1809 <http://www.capitol.tn.gov/Bills/106/Bill/HB1809.pdf>
Fincher CRIMINAL LAW: Rules concerning weapons subject to review. Specifies that the rules concerning weapons are to be subject to review by the house and senate government operations committees. (SENATE: SB 1621, Beavers; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 27, 2009 Increase state expenditures – not significant. TFA SUPPORTS THE BILL. The bill was originally introduced to address some concerns with rules and regulations being enforced by Tennessee Department of Safety and Tennessee Bureau of Investigation regarding various issues relating to handgun permits, trainers, training schools, collection of data as well as firearms purchase checks (TICS).
HB 2567 <http://www.capitol.tn.gov/Bills/106/Bill/HB2567.pdf>
Fincher CRIMINAL LAW: Exception to unlawful gun possession for certain motorists. Allows individuals without handgun carry permits to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon. AMENDMENT: House Criminal Practice amendment 1 rewrites the bill. Limits the exception that this bill would create to persons who do not have a handgun carry permit, who are transporting an unloaded shotgun or rifle in a privately-owned motor vehicle, and who have not been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or been convicted of a felony drug offense. Clarifies that the possession and carry rights of individuals who have a handgun permit are not affected by this bill. Senate amendment 1 limits the exception that this bill would create to persons who do not have a handgun carry permit, who are transporting an unloaded shotgun or rifle in a privately-owned motor vehicle, and who have not been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or been convicted of a felony drug offense. (SENATE: SB 2390, Jackson; Senate 02/18/2010 passed with amendment 1.) FISCAL NOTE: Dated: January 6, 2010 Decrease state revenue – not significant. Decrease state expenditures – not significant. Decrease local revenue – not significant. Decrease local expenditures – not significant. TFA SUPPORTS THE BILL

House Transportation Committee — Tuesday at 3:30 pm — LP 16
The Committee will hear an update on Public Transportation by TPTA. Items #1-14 are on the Consent calendar. Items # 15-33 are on the Regular calendar. MEMBERS: Chair Harmon (D), Vice Chair Dean (R), Secretary Fraley (D), Barker (D), T. Cobb (D), Faulkner (R), Floyd (R), Hill (R), P. Johnson (R), Marsh (R), Matlock (R), Shipley (R), Tidwell (D), West (D).
HB 2548 <http://www.capitol.tn.gov/Bills/106/Bill/HB2548.pdf>
Lundberg TRANSPORTATION GENERAL: PFC Roy W. Neal Memorial Bridge. Designates a bridge spanning S.R. 75 in Sullivan County as the “PFC Roy W. Neal Memorial Bridge.” (SENATE: SB 2855, Ramsey R.; Senate Transportation 03/16/2010 recommended. Sent to Senate Finance.) FISCAL NOTE: Increase State Expenditures – $325/One-Time/Highway Fund.

House Public Safety Subcommittee — Tuesday at 4:00 pm — LP 16 — Immediately following Full Committee
MEMBERS: Chair Dean (R), Vice Chair Shipley (R), T. Cobb (D), Faulkner (R), Marsh (R), West (D).
HB 0036 <http://www.capitol.tn.gov/Bills/106/Bill/HB0036.pdf>
Hardaway TRANSPORTATION VEHICLES: Child safety in operation of off-highway motor vehicles. Establishes an offense for any parent or legal guardian of a person under 18 years of age to permit that person to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet. (SENATE: SB 1350, Tate; Referred to Senate Transportation.) FISCAL NOTE: Dated: January 12, 2009 Increase state revenue – not significant increase state expenditures – not significant Increase local revenue – not significant increase local expenditures – not significant.
HB 3079 <http://www.capitol.tn.gov/Bills/106/Bill/HB3079.pdf>
Shipley TRANSPORTATION VEHICLES: Registration and operation of ATVs. Defines, for purposes of registration and operation on specified highways under certain conditions, “all-terrain vehicle” (ATV) as designed for travel over unimproved terrain and being 52 inches or less with at least one head light and tail light and an unladen weight of 800 pounds of less with three or more low pressure tires. Encourages state and local government agencies to make local parks, natural areas and forest areas available for use by all-terrain vehicles to the extent practicable and coordinate with counties and municipalities to make certain streets, roads or highways available for ATV use. AMENDMENT: House Government Operations Committee amendment 1 revises definition of all-terrain vehicle (ATV). House Government Operations Committee amendment 2 changes effective date to January 1, 2011. (SENATE: SB 3028, Faulk; Set for Senate Transportation Committee 03/23/2010.) FISCAL NOTE: Dated: February 16, 2010 Increase state revenue – $365,400/FY10-11. $374,500/FY11-12 and subsequent years. Increase state expenditures – $16,900/One-Time. $63,000/FY10-11 $64,600/FY11-12 and subsequent years. Increase local revenue – not significant/recurring. Increase local expenditures – not significant/recurring.

Wednesday, March 24, 2010

House Finance Budget Subcommittee — Wednesday at 11:00 am — LP 29
MEMBERS: Chair Tindell (D), Vice Chair Sargent (R), Armstrong (D), L. DeBerry (D), Fitzhugh (D), Harrison (R), McDaniel (R), Montgomery (R), Mumpower (R), Naifeh (D), Odom (D), Roach (R), Rowland (R), Shaw (D).
HB 3125 <http://www.capitol.tn.gov/Bills/106/Bill/HB3125.pdf>
Todd CRIMINAL LAW: Possession of handgun in restaurants serving alcohol. Authorizes a person to carry a firearm in a restaurant licensed by the alcohol beverage commission as long as said person is not consuming alcohol, which would result in a Class A misdemeanor punishable by a minimum incarceration period of 72 hours and a minimum $500 fine. Allows businesses to post a notice of prohibition of firearms, specifying that violators with a handgun carry permit that consume alcohol in a prohibited area to be charged with a Class A misdemeanor with an incarceration period of not less than 48 hours, a fine not less than $500, and the revocation of the violator’s handgun carry permit. Requires the handgun safety courses to include a one-hour instruction on alcohol and drugs related to firearms. AMENDMENT: House Criminal Practice and Procedure Subcommittee amendment 1 gives exact details of what must be posted to include that handguns are not permitted and the $500 fine issued with a citation in order to correct vagueness. (SENATE: SB 3012, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 1, 2010 Increase state revenue – not significant. Increase state expenditures – not significant. Increase local revenue – $11,000. Increase local expenditures – $4,200*. TFA SUPPORTS THE BILL as amended. This is the bill that addresses the alcohol statute and the Davidson County Chancery Court’s ruling in November 2009 that the 2009 law was too vague to pass constitutional scrutiny. Please note that the House Amendment 1 totally rewrites the bill. It is the AMENDMENT that TFA supports. This bill may be subject to another veto by governor Bredesen if we are able to pass it. Therefore, we need lots of calls and emails to legislators to pass it quickly and without amendments that are not approved by TFA.

House Judiciary Criminal Practice & Procedure Subcommittee — Wednesday at 11:00 am — LP 31
MEMBERS: Chair E. Watson (R), Vice Chair Sontany (D), Bass (D), Camper (D), Matheny (R), Rich (R).
HB 3096 <http://www.capitol.tn.gov/Bills/106/Bill/HB3096.pdf>
Shaw JUDICIARY: AOC to develop form for dismissal of charges. Requires the administrative office of the courts to include a form on its web site for a person that was arrested under suspicion of a criminal offense but whose charge was dismissed under certain conditions. Specifies that it is the duty of the individual to request such a form. (SENATE: SB 3247, Tate; Senate Judiciary deferred to 03/09/2010.) FISCAL NOTE: Dated: February 10, 2010 Increase state expenditures – not significant. Judicial Council comment: The Judicial Council questioned whether the form contemplated by this legislation is necessary. Persons whose cases are dismissed are entitled to an expungement, often with no fee. Further, a copy of the order dismissing the charges would accomplish the same result.
HB 2716 <http://www.capitol.tn.gov/Bills/106/Bill/HB2716.pdf>
Campfield CRIMINAL LAW: Handgun carry permits: evidence of valid renewals. Allows a canceled check to become evidence of a valid handgun carry permit renewal after the permit has expired. (SENATE: SB 3760, Bunch; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 26, 2010 Minimal. TFA SUPPORTS THE BILL
HB 2719 <http://www.capitol.tn.gov/Bills/106/Bill/HB2719.pdf>
Campfield CRIMINAL LAW: Handgun carry permits: carry handgun through greenways. Authorizes a person with a handgun carry permit to carry a handgun on a greenway that runs through a park, even if a municipality has voted to prohibit firearms in the same park. (SENATE: SB 3753, Bunch; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 9, 2010 Local expenditures – net impact – not significant. TFA SUPPORTS THE BILL but would much prefer to remove all jurisdiction over local parks from local governments. This will be necessary in order to remove ambiguity and uncertainty over where handgun permit holders can carry with respect to parks.
HB 2726 <http://www.capitol.tn.gov/Bills/106/Bill/HB2726.pdf>
Campfield CRIMINAL LAW: Handguns: allowed in college parking lot with carry permits. Establishes that persons with handgun carry permits may possess a handgun in their motor vehicle on a public college campus parking lot only if the handgun is stored out of sight and the vehicle is locked. (SENATE: SB 3756, Bunch; Senate Judiciary deferred to 03/16/2010.) FISCAL NOTE: Dated: February 22, 2010 Decrease state expenditures – not significant. Decrease state revenue – not significant. Decrease local expenditures – not significant. Decrease local revenue – not significant. TFA SUPPORTS THE BILL
HB 3064 <http://www.capitol.tn.gov/Bills/106/Bill/HB3064.pdf>
Campfield MEDIA & PUBLISHING: Reproduction of handgun carry permit records. Limits reproduction of records for handgun carry permit applications and materials submitted in reference to the permit application. Excludes handgun carry permits that have been revoked. (SENATE: SB 3745, Bunch; Referred to Senate Judiciary.) FISCAL NOTE: Minimal.
HB 3141 <http://www.capitol.tn.gov/Bills/106/Bill/HB3141.pdf>
McDonald CRIMINAL LAW: Storage of firearm in vehicle by employee. Allows an employee with a handgun carry permit to possess a firearm in the employer’s parking lot as long as the vehicle is locked and the firearm is not visible from the outside of the vehicle. Prohibits an employer from discriminating against an employee for possessing a firearm in their vehicle. (SENATE: SB 3009, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 5, 2010 Minimal. TFA SUPPORTS THE BILL
HB 1129 <http://www.capitol.tn.gov/Bills/106/Bill/HB1129.pdf>
Hardaway CRIMINAL LAW: Crime Free School Zone Act. Enacts the “Crime Free School Zone Act.” Provides increased criminal penalties for specified offenses occurring on school grounds or within 1000 feet of a school, public library, recreational center or park. Offenses include drug and sexual offenses, felonies involving deadly weapons and carjacking. (SENATE: SB 1744, Marrero; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 4, 2009 Increase state expenditures – $44,300/incarceration.
HB 1645 <http://www.capitol.tn.gov/Bills/106/Bill/HB1645.pdf>
Jones U. EDUCATION: School district police force for Memphis City schools. Allows the Memphis City School System to establish and operate a school district police force. (SENATE: SB 0723, Tate; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 27, 2009 Decrease local expenditures – $278,000/permissive.
HB 3240 <http://www.capitol.tn.gov/Bills/106/Bill/HB3240.pdf>
McCord CRIMINAL LAW: Limits governor’s authority during state of emergency. Removes the authority of the governor to limit the sale or transportation of firearms, ammunition, or firearm or ammunition components during a state of emergency, major disaster, or natural disaster. (SENATE: SB 2391, Jackson; Senate deferred to 04/05/2010.) FISCAL NOTE: Minimal. TFA SUPPORTS THE BILL
HB 3077 <http://www.capitol.tn.gov/Bills/106/Bill/HB3077.pdf>
Haynes R. CRIMINAL LAW: Perjury: false statements not under oath and false evidence. Establishes that the following items are perjury if made during an official proceeding: a knowingly false statement not under oath but made during an official proceeding, or the intentional introduction or affirmation of false evidence. Classifies that perjury made by a licensed attorney is a Class E felony. (SENATE: SB 2770, Burchett; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 1, 2010 Increase state revenue – not significant. Increase state expenditures – $28,600/incarceration*. Increase local revenue – not significant. Increase local expenditures – not significant. Judicial Council comment: Given the broad definition of “official proceeding” in Tennessee Code Annotated section 39-16-701, the Council observed that this legislation has far-reaching implications. Moreover, by definition, such a proceeding is one in which the public servant is authorized to take statements under oath. Therefore, it appears that the perceived problem which this legislation is attempting to address could be remedied by placing the person at issue under oath. Moreover, the Council questioned whether it was appropriate to expand the offense of perjury beyond sworn statements. The Council believes that the authority to subject a person to fines and/or incarceration should be used sparingly. Because the penalty provision of this legislation addresses licensed attorneys, it is possible that the bill’s broadening of the definition of perjury is directed at the statements and actions of attorneys during a judicial proceeding such as a trial. Under current law, statements made by counsel are not evidence, and the jurors are instructed to that effect. The Council expressed concern regarding the possible “chilling effect” of this legislation, which appears to have constitutional implications regarding the separation of powers doctrine as well a criminal defendant’s right to due process and to the effective assistance of counsel. See Tenn. Op. Atty. Gen. No. 10-24. Finally, the Council recommended that the sponsor consider defining the terms “affirms,” “validity,” and “knows.”
HB 2694 <http://www.capitol.tn.gov/Bills/106/Bill/HB2694.pdf>
Dennis CRIMINAL LAW: Repeals: prohibition of firearm combination with alcohol. Repeals the previous prohibition of possessing a firearm in a building where alcoholic beverages are served in public. (SENATE: SB 3735, Bunch; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 10, 2010 Decrease state revenue – not significant. Decrease state expenditures – not significant. Decrease local revenue – not significant. Decrease local expenditures – not significant. TFA SUPPORTS THE BILL
HB 2881 <http://www.capitol.tn.gov/Bills/106/Bill/HB2881.pdf>
Rich CRIMINAL LAW: Handgun carry permits: searchable database. Enables the department of safety to distribute materials related to handgun permits electronically and searchable by: law enforcement, child support enforcement, court orders, and certain written requests. Enables the department to display a list of revoked handgun permits. (SENATE: SB 2528, Faulk; Senate Judiciary deferred to 03/23/2010.) FISCAL NOTE: Dated: January 27, 2010 Increase state revenue – up to $10,000. Increase state expenditures – up to $10,000.

House Civil Practice Subcommittee — Wednesday at 12:30 pm — LP 31
Final Calendar. MEMBERS: Chair Dennis (R), Vice Chair Fincher (D), Coleman (D), Coley (R), Lundberg (R), Stewart (D).
HB 0675 <http://www.capitol.tn.gov/Bills/106/Bill/HB0675.pdf>
Turner J. CAMPAIGNS & LOBBYING: Child support obligations and voting privileges. Removes requirement that a person be current in all child support obligations to retain the right to vote. (SENATE: SB 0637, Marrero; Referred to Senate State & Local Government.) FISCAL NOTE: Dated: February 16, 2009 Increase State Expenditures – Not Significant.

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