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Friday, April 30, 2010 Senate Democratic Caucus Leader Jim Kyle told the Senate Tax-subcommittee that the technical corrections bill would be delayed until next week and possibly the following week allowing time for both caucuses to meet with the Department of Revenue. Talk around the plaza is the Governor will not release his budget until he sees what Republicans intend to propose. The budget is in a stalemate and a compromise is worked out, there is not much business for the houses to handle. Next week’s schedule is bare except for the various finance committee meetings. With the proposed budget not yet released and political tensions getting higher, it looks as if the last few weeks of the legislative session will be anything but boring. The Senate is again only meeting next Thursday where it will be using its 85th legislative day. The House is trying to catch up with the Senate and will be meeting next Monday, Wednesday, and Thursday. This will mark the House’s 81st legislative day. Legislative News Permit owners could once again bring their handguns into establishments that serve alcohol under a bill passed by the Senate. The Senate voted 23-9 to approve the measure sponsored by Democratic Sen. Doug Jackson of Dickson (SB3012). A similar law was declared unconstitutionally vague by a Nashville judge last year. The bill would maintain an existing prohibition on drinking alcohol while carrying a gun and violators would face a three-year suspension of their permit. The Senate bill does not include a provision in the House version that would effectively exclude bars from the measure. A House vote is scheduled for Wednesday. A Republican alternative plan to close Tennessee's budget gap won't include changes to the state's pre-kindergarten program. Republicans are working to craft an alternative to Democratic Gov. Phil Bredesen's proposal to raise $85 million by lifting a sales tax cap on big-ticket items. The overall projected shortfall for the upcoming budget year is about $150 million beyond what Bredesen addressed in his original spending plan. House Republican Caucus Chairman Glen Casada of Franklin suggested earlier this week that changing the funding mechanism for the $83 million-per-year pre-K program could be a way to find extra money. The pre-K program is currently available to children who qualify for free and reduced priced meals. Since 2005, the Bredesen administration has created 786 new pre-K classrooms. There are now a total of 934 state-funded classrooms in the state, serving more than 18,000 children a year. Legislation that would declare an income tax and payroll tax unconstitutional in Tennessee could be in jeopardy. The House Budget Subcommittee on a voice vote Wednesday placed the measure sponsored by Republican Rep. Tony Shipley of Kingsport behind the budget, meaning the proposal will be revisited if any money is left after the state's spending plan is set. The panel's action was because of a cost for publishing notification of the amendment. Legislation to require that the written portion of Tennessee driver's license examinations be given only in English was revised in a Senate committee Tuesday to allow foreign language testing to continue. Sponsor Sen. Bill Ketron, R-Murfreesboro, replied that the amended version puts into law books what has been a Department of Safety practice based on rules and also "sends a message" that Tennessee's preference is for giving tests in English. The amended version states that English testing is preferred, but authorizes exceptions for persons legally living in the state. Tests are currently offered regularly in Spanish, Korean and Japanese. Even the revised version drew objections from spokesmen for the Tennessee Chamber of Commerce and Industry and the Tennessee Hospitality Association. In general, critics said the bill, even as revised, could discourage foreign businesses from following the lead of Volkswagen of Germany and Nissan of Japan in locating plants in Tennessee. The Senate vote could put the chamber at odds with the House. The House version of the bill, sponsored by Rep. Eric Watson, R-Cleveland, has not been amended and still declares that driver license tests may be given only in English. It is pending before the House Budget Subcommittee. Watson has characterized the bill follows the path set by a 1984 law that declares English as the official language of Tennessee and is also a safety measure. Political News Republican state Senate Speaker Ron Ramsey in his latest political advertisement promises to cut seven of 22 state agencies if elected Tennessee governor. The Blountville auctioneer's new ad launched Tuesday night also features a familiar line from the campaign trail about how he started his first surveying businesses. "I came up the hard way -- started my business with just a pickup truck and prayer," Ramsey says in the ad. "Now, I'm the conservative candidate for governor." Senate Speaker Ron Ramsey's rivals for the Republican gubernatorial nomination say they are trying to stay clear of the legislative maneuvering over how to close Tennessee's budget gap. Knoxville Mayor Bill Haslam said after a campaign stop in a Columbia neighborhood on Monday evening that Ramsey is "using his current job to lobby for his new job, but he's also having to make those hard calls." U.S. Rep. Zach Wamp of Chattanooga said at recent Republican fundraiser in Nashville that he will "leave those decisions to them, and try not to interfere." ALCOHOLIC BEVERAGES SB 0038 Owners responsible for minors drinking on property. Prohibits a property owner or occupant from knowingly allowing any minor to drink or possess alcoholic beverages on his property or from failing to stop a minor from such activity. Creates a misdemeanor offense for committing such an act. Provides an exemption for "de minimis" quantities of alcohol consumed for sacramental purposes during a religious ceremony. (S: Tracy; H: Carr) Senate Status: Senate 06/12/2009 re-passed with amendment 4 after moving to reconsider their actions and withdrawing previously adopted amendment 1. SB 0080 Wine direct shipper license. Creates a wine direct shipper license to be issued by the alcoholic beverage commission and the department of revenue that would allow any person currently licensed as a wine manufacturer or distributor to ship up to two 9-liter cases of wine annually directly to a resident of Tennessee who is at least 21 years of age for personal use. Specifies the rules and regulations for obtaining such license and creates a Class B misdemeanor for any person who knowingly makes or receives a shipment in violation of such rules. (S: Stanley; H: Shepard) Senate Status: Referred to Senate State & Local Government. SB 0120 Sale of wine in grocery stores. Creates an additional class of licenses allowing the sale of wine at retail food stores. Specifies that such licenses will be limited to retail food stores located in counties or municipalities that have authorized the sale of alcoholic beverages by local option election. Requires person purchasing wine at retail food store to present photo identification. (S: Ketron; H: Shepard) Senate Status: Taken off notice in Senate State & Local Government 05/05/2009. SB 0121 Sale of wine at grocery stores. Creates an additional class of licenses allowing the sale of wine at retail food stores. Specifies that such licenses will be limited to retail food stores located in counties or municipalities that have authorized the sale of alcoholic beverages by local option election. Requires person purchasing wine at retail food store to present photo identification. (S: Ketron; H: Shepard) Senate Status: Referred to Senate State & Local Government. SB 0138 Period for beer dealers to register with commissioner. Increases from 20 to 25 days the time period in which manufacturers and wholesale distributors of beer must register with the commissioner of revenue. Broadly captioned. (S: Ketron; H: Tindell) Senate Status: Senate 06/16/2009 passed with amendment 4. SB 0166 Creation of direct shipper license for wine. Creates direct shipper license that would allow an in-state or out-of-state entity to ship up to 12 nine-liter cases of wine annually to residents of Tennessee who are 21 years or older. (S: Stanley; H: Shepard) Senate Status: Senate 05/21/2009 concurred in House amendment 1. SB 0274 Retail licensure for alcoholic beverages. Decreases the amount of years an individual must reside in the state in order to obtain a retailer license or own stock in a corporation that has a retailer license from two years or at least 10 consecutive years to living in the state for the past year at time or application or at any time for at least five consecutive years. (S: Ketron; H: Todd) Senate Status: Taken off notice in Senate State & Local Government 04/21/2010. SB 0490 Requirements for wholesaler's license. Allows a wholesaler's license to be granted to a premises situated within a municipality that has approved the sale of alcoholic beverages. Current law limits the wholesaler's license being granted to a premises situated within a municipality having a population of more than 100,000. (S: Burchett; H: Lundberg) Senate Status: Referred to Senate State & Local Government. SB 0531 Criminal background checks for beer permit applicants. Allows a city or county to conduct a criminal background check on an applicant for a beer permit. Requires applicant to pay cost for such background check. (S: McNally; H: Hackworth) Senate Status: Senate passed 05/14/2009. SB 0573 Humphreys County to obtain manufacturer's license. Allows certain facilities located in Humphreys County to obtain a manufacturer's license to distill alcoholic beverages for the sale, distribution, and transportation to wholesalers only. (S: Jackson; H: Tidwell) Senate Status: Taken off notice in Senate State & Local Government 03/17/2009. SB 0600 Consumption of alcohol in liquor-by-the-drink jurisdictions. Allows alcoholic beverages to be sold for consumption on the premises in unincorporated areas of a county with a charter form of government that has held a countywide local option election approving liquor-by-the-drink. (S: Burchett; H: Armstrong) Senate Status: Senate passed 03/12/2009. SB 0786 ABC to study distribution of alcohol taxes. Requires alcoholic beverage commission to study distribution of alcohol taxes to local governments based on total number of public school students in each local political subdivision. Also requires alcoholic beverage commission to submit findings and make recommendations for redistribution to senate and house finance committees. (S: Overbey; H: Montgomery) Senate Status: Referred to Senate State & Local Government. SB 0788 Hotel redefined for Blackberry Farm. Redefines "hotel" to clarify that the property of Blackberry Farm may not be contiguous and may be divided by a public or private road. (S: Overbey; H: McCord) Senate Status: Senate 04/23/2009 passed with amendment 1. SB 0944 Revisions to Grape and Wine Law. Revises "Grape and Wine Law" based on a Sixth Circuit U.S. Court of Appeals decision including allowing out-of-state wineries to be licensed. Insures that wineries in the state can continue to operate legally regardless of the outcome of any Sixth Circuit decision. (S: Overbey; H: Casada) Senate Status: Senate 05/07/2009 concurred in House amendment 1. SB 1184 Transporting alcoholic beverages into a dry county. Allows person to transport alcoholic beverages into a dry county in excess of any quantity limitations if such person is using such alcoholic beverages in the manufacture of baked goods for sale at retail. Requires person to obtain any necessary license for transport from alcoholic beverage commission and requires person to alcoholic beverages from licensed retailers. (S: Haynes J.; H: Fraley) Senate Status: Senate 05/14/2009 passed with amendment 2. SB 1291 Alcohol advertisement to include health warnings. Requires that any advertising conducted in this state for alcoholic beverages must include statements regarding the dangers and adverse effect of alcohol abuse and alcoholism. (S: Ketron; H: Cobb T.) Senate Status: Referred to Senate State & Local Government. SB 1307 Transactions involving alcohol, but not money. Adds clarification that "sale" does not include transactions involving alcoholic beverages for which no payment is expected or received. (S: Tracy; H: Fraley) Senate Status: Senate 05/18/2009 passed with amendment 1, as amended. SB 1443 Commemorative bottles containing an alcoholic beverage. Exempts from licensing requirements transactions between collectors involving sale, purchase, or exchange of commemorative bottles containing an alcoholic beverage. (S: Haynes J.; H: Jones U.) Senate Status: Senate 04/16/2009 passed with amendment 1. SB 1444 Issuance of alcoholic beverage retailer license. Reduces the amount of time a person is required to have been a resident of Tennessee in order to be issued an alcoholic beverage retailer license from two years to one year. Also reduces the residency requirement for such license from ten to five consecutive years relative to those people who have been residents of Tennessee at any time. Broadly captioned. (S: Berke; H: Jones U.) Senate Status: Senate deferred to 05/06/2010. SB 1510 Transport of wine purchased from TN licensed winery. Deletes certain provisions of the Grape and Wine Law. Permits the transport of wine purchased from a winery licensed by the state of Tennessee. Authorizes Alcohol Beverage Commission to assess inspection fees against licensees and permitees. (S: Burchett; H: Litz) Senate Status: Referred to Senate State & Local Government. SB 1511 Sale of alcoholic beverages for consumption on premises. States that in any jurisdiction in which the sale of alcoholic beverages for consumption on the premises is authorized by referendum, such referendum shall authorize the sale and distribution of alcoholic beverages irrespective of certain other restrictions imposed by other provisions of law. (S: Overbey; H: Montgomery) Senate Status: Senate 04/23/2009 passed with amendments 1 & 2. SB 1513 Transport of wine purchased from a TN licensed winery. Removes two-year residency requirement for those wishing to receive a winery license under the provisions of the Grape and Wine Law. Also permits the transport of wine purchased from a winery licensed by the state of Tennessee. (S: Burchett; H: Litz) Senate Status: Referred to Senate State & Local Government. SB 1690 Direct shipper license. Establishes direct shipper license to be issued through the alcoholic beverage commission. Would permit in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. (S: Ketron; H: Miller L.) Senate Status: Referred to Senate State & Local Government. SB 1947 Sales of alcohol to visibly intoxicated individuals. Replaces the word "drunk with the term "visibly intoxicated" in the section of code governing the retail sale of alcohol that prohibits a retailer from selling alcoholic beverages to persons who are intoxicated or who are accompanied by someone who is intoxicated. (S: Faulk; H: Harrison) Senate Status: Senate passed 03/26/2009. SB 1955 Manufacturing of intoxicating liquors in certain counties. Makes lawful the manufacturing of intoxicating liquors and/or intoxicating drinks within the boundaries of any county where both retail package liquor sales and liquor-by-the drink have been approved through voter referendum within the county. (S: Ketron; H: Carr) Senate Status: Senate 06/17/2009 adopted the conference committee report. SB 2077 Residency requirement for wholesalers, retailers, wineries. Removes residency requirements for wholesalers, retailers, and wineries. (S: Ketron; H: Shepard) Senate Status: Referred to Senate State & Local Government. SB 2179 Creates wine direct shipper license. Authorizes the Alcoholic Beverage Commission to license non-resident wineries holding federal basic permits under the Federal Alcohol Administration Act to sell and ship wine to Tennessee residents and collect and pay state taxes on such sales. Permits any person currently licensed in this or any other state as a wine manufacturer, producer, supplier, importer, wholesaler, distributor or retailer who obtains a wine direct shipper license to ship up to two nine-liter cases of wine annually directly to a resident of Tennessee who is at least 21 years of age for such resident's personal use and not for resale. Requires each licensee prior to shipping to a resident to complete the following: file an application with the alcoholic beverage commission; pay a $100 registration fee; provide to the commission a copy of its current alcoholic beverage license issued in this or any other state; and obtain from the commission a wine direct shipper license. Details requirements for shipping and allows a licensee to annually renew its license by paying a $50 renewal fee and providing the commission a copy of its current alcoholic beverage license issued in this or any other state. Creates a Class B misdemeanor for any person who knowingly makes, participates in, transports, imports or receives a shipment in violation of this act. (S: Stanley; H: Litz) Senate Status: Referred to Senate State & Local Government. SB 2187 Retail sale of wine regulated like beer. Requires the retail sale of wine to be regulated in a similar way to beer by local government rather than the alcoholic beverage commission. Clarifies that wine may still be purchased in retail package stores even though wine is no longer regulated by the commission and that any person holding a license on the effective date of this act is grandfathered in with the local wine and beer board. Caps the alcohol content of wine under this part at 15 percent. (S: Faulk; H: Harrison) Senate Status: Referred to Senate State & Local Government. SB 2486 Drive-through window alcohol purchasing. Prohibits issuing or renewing licenses to sell beer off-premises to persons selling beer through drive-up or drive-through windows or curb-service. (S: Faulk; H: Lundberg) Senate Status: Senate 03/10/2010 passed with amendment 1. SB 2564 Serving of alcoholic beverage on Blackberry Farm property. Clarifies that alcoholic beverages may be served in any structure, location, open air, or dining facility located on the Blackberry Farm property. (S: Overbey; H: Todd) Senate Status: Referred to Senate State & Local Government. SB 2625 Alcohol licenses: penalties must be paid before renewal. Requires that all penalties must be paid to the commission before a manufacturer, distiller, wholesaler, retailer, winery, collector of alcoholic beverages, direct shipper, or an establishment that provides on-premises alcoholic consumption can renew its respective alcohol-related license. (S: Faulk; H: Lundberg) Senate Status: Senate State & Local Government 02/17/2010 recommended with amendment. Sent to Senate Finance, Ways & Means. SB 2758 Requirements for restaurant license. Requires persons seeking a restaurant license to submit information regarding food sales to the commission in order to receive or renew a license to sell alcoholic beverages for on-premises consumption. (S: Jackson; H: Todd) Senate Status: Senate State & Local Government deferred to 04/21/2010. SB 2880 Mandatory 48 hours incarceration for selling minors alcohol. Prohibits retailer from selling any alcoholic beverages to a person known to be under the age of 21. Establishes that violation of this legislation is punishable by a mandatory minimum period of imprisonment of 48 hours. (S: Faulk; H: Faulkner) Senate Status: Referred to Senate State & Local Government. SB 3156 Restrictions on selling and distribution of alcohol. Prohibits the sale, distribution, or consumption of alcoholic beverages in certain licensed venues between the hours of midnight and 8:00am. Broadly captioned. (S: Faulk; H: Todd) Senate Status: Referred to Senate State & Local Government. SB 3284 Suspension of license to sell beer also to include alcohol. Requires instead of allows the suspension of an establishment's permit to sell alcoholic beverages when the establishment has been suspended from selling beer or malt beverages. (S: Burchett; H: Faulkner) Senate Status: Referred to Senate State & Local Government. SB 3325 Background checks on applicants for licenses or permits. Requires a criminal background check at the applicant's expense for all permit applicants involved in the sale, distribution, manufacture, or storage of beer, employee and server permits for alcoholic beverages, a winery license, or a manufacturer's or distiller's license. (S: McNally; H: Hackworth) Senate Status: Referred to Senate State & Local Government. SB 3450 Wineries conducting business at satellite facilities. Permits a winery to conduct business at not more than two additional satellite facilities. Requires a winery to obtain a permit for each satellite facility in order to serve complimentary samples and to sell wine. Prohibits the manufacturing or bottling of wine at satellite facilities. Allows a winery to transport wine to one of its satellite facilities. (S: Yager; H: Casada) Senate Status: Referred to Senate State & Local Government. SB 3563 Sales of alcoholic beverages to persons under age. Establishes an additional $500 fine for alcoholic beverage retailers and licensees and beer permit holders for selling alcoholic beverages or beer to any person under 21 years of age. (S: Ketron; H: Rowland) Senate Status: Referred to Senate State & Local Government. SB 3570 Sell of tobacco and alcohol to under age persons. Prohibits the owner or manager of a store or establishment that sells beer or alcoholic beverages at retail from being liable for civil damages if the owner or manager's employee made the sale to an underage person. Prohibits the assessment of civil penalties against a tobacco storeowner whose employee sold tobacco products to a minor. (S: Ketron; H: Rowland) Senate Status: Referred to Senate State & Local Government. SB 3576 Tennessee Farm Winery Law. Enacts the "Tennessee Farm Winery Law." Allows retail food stores to acquire a Tennessee winery retailer license which permits such stores to sell products of wineries licensed with the state. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. SB 3577 Local referendum on sale of wine in grocery stores. Requires a county election commission to hold a referendum about whether to approve sale of wine in retail food stores, if the necessary petition requesting such referendum is received no less than 45 days before the election date. Establishes the same provision for Shelby County, except if the necessary petition requesting such referendum is received no less than 30 days before the election date. Creates an additional class of licenses allowing the sale of wine at retail food stores. (S: Ketron; H: Shepard) Senate Status: Referred to Senate State & Local Government. SB 3596 Alcoholic beverages sold for on premises consumption. Allows alcoholic beverages, wine, and beer to be sold for on premises consumption at any location in such jurisdiction that has held a local option election approving liquor-by-the-drink. (S: Ketron; H: Tindell) Senate Status: Referred to Senate State & Local Government. SB 3599 Unincorporated county areas: on-premises consumption vote. Allows unincorporated areas of any county, removing the previous requirement of a charter form of government, to hold a countywide election to determine approval of selling alcohol for on-premises consumption. (S: Ketron; H: Tindell) Senate Status: Referred to Senate State & Local Government. SB 3610 Manufacturers with retail license can have paid tastings. Permits manufacturers holding a retail license to be able to have paid tastings. Prohibits the alcoholic beverage commission from requiring additional space requirements other than those required under federal law. (S: Ketron; H: Odom) Senate Status: Senate 03/31/2010 passed with amendment 1. SB 3712 TN Responsible Server Act: alcohol server permits. Enacts the Tennessee Responsible Server Act of 2010 that includes: server training (both beginning and continuing after employment); employer-provided education materials on alcohol consumption; and appropriate server permits that expire after a certain time. Requires server permits to be revoked after an alcohol sale to a minor. Requires vendor permits to be revoked after an alcohol sale to a minor and a finding that the vendor failed to comply with this act or that the vendor knew that the minor was being served alcohol. Requires the vendor permit to be revoked if the vendor has two violations within one year. Establishes a pay scale to determine how much each vendor must pay to receive server training. Allows violators of this act to receive criminal prosecution and other civil penalties. (S: Haynes J.; H: Moore) Senate Status: Referred to Senate State & Local Government.
Wine and alcoholic beverages study committee. Creates a special joint committee to study the economic and regulatory impact of broadening the number and types of establishments involved with and related to the retail sale of wine and alcoholic beverages. (H: Todd) House Status: Taken off notice in House State & Local Government 05/12/2009. CAMPAIGNS & LOBBYING SB 0139 Time frame for contributions to any candidate. Prohibits a multicandidate political campaign committee controlled by a political party from making a contribution to any candidate after the tenth day before an election until the day of the election. (S: Ketron; H: Todd) Senate Status: Senate passed 05/18/2009. SB 0728 Campaign contributions by corporations. Allows representatives of any corporation doing business with the state to make campaign contributions up to the same contribution limits as individuals, LLCs, or partnerships on behalf of the corporation. (S: Watson B.; H: McCormick) Senate Status: Referred to Senate State & Local Government. CRIMINAL LAW SB 3122 Underage drinker must divulge source of alcohol. Requires person 18-21 who is charged with underage purchase or possession of alcohol to cooperate with authorities by revealing the establishment where the alcohol was purchased or who purchased the alcohol for the person in order to be eligible for pretrial diversion. (S: Faulk; H: Faulkner) Senate Status: Referred to Senate Judiciary. SB 3123 Serving of alcoholic beverages to minor. Creates a mandatory 48-hour incarceration minimum for selling alcoholic beverages to a minor. Broadly captioned. (S: Faulk; H: Faulkner) Senate Status: Failed in Senate Judiciary 04/21/2010 after adopting amendment 1, as amended. SB 3564 Under age access to age-restricted venue. Creates a Class C misdemeanor if an owner or employee of an age-restricted venue allows access to its facilities to a person who is under 21 years of age. (S: Ketron; H: Rowland) Senate Status: Referred to Senate Judiciary. SB 3735 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. (S: Bunch; H: Dennis) Senate Status: Taken off notice in Senate Judiciary 04/27/2010.
Sale of liquor to minors. Requires any person selling alcoholic beverages to a person under the age of 21 to serve a mandatory minimum period of incarceration of 48 hours. Minor is clarified to mean under twenty-one (21) years of age. (H: Faulkner) House Status: Withdrawn in House 02/25/2010. GOVERNMENT ORGANIZATION SB 1027 Sunset - alcoholic beverage commission. Sunsets the alcoholic beverage commission on June 30, 2010. (S: Johnson J.; H: Lynn) Senate Status: Taken off notice in Senate Government Operations 03/18/2009. SB 2465 Sunset - alcoholic beverage commission. Sunsets the alcoholic beverage commission on June 30, 2010. (S: Watson B.; H: Lynn) Senate Status: Senate 04/22/2010 passed with previously adopted amendment 4. GOVERNMENT REGULATION SB 2573 Suspension of alcohol permits after third violation. Requires commission to suspend or revoke a license or permit instead of imposing a fine after the third violation when all three violations are the same kind of violation and occur within a two-year period. (S: Faulk; H: Lundberg) Senate Status: Senate State & Local Government deferred to 04/07/2010. INSURANCE HEALTH SB 2836 Coverage through health group cooperative - small employers. Decreases to three from five years the length of time a small employer must commit to purchasing coverage through a health group cooperative, even though participation remains voluntary. (S: Southerland; H: Lollar) Senate Status: Senate passed 02/17/2010. SB 3748 Health insurance: health benefit purchasing cooperatives. Enables individuals and small businesses to create health benefit purchasing cooperatives. Allows healthcare cooperatives to become nonprofit corporations, pool together members' insurance risks for coverage, and create three-year contracts for health insurance coverage. Directs the healthcare cooperatives to provide reports to certain parties. (15 pp.) (S: Bunch; H: Campfield) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/20/2010. JUDICIARY SB 1939 Cause of action for alcohol-related injuries. Specifies that any statutory cause of action for alcohol-related injuries is in addition to any common law causes of action for such injuries. (S: Faulk; H: Harrison) Senate Status: Senate 06/02/2009 concurred in House amendment 1. LABOR LAW SB 0469 English-only policy in the workplace. Specifies that it is not a discriminatory practice under state law for an employer to institute an English-only policy in the employer's workplace based on business necessity. (S: Johnson J.; H: Hill) Senate Status: Senate 03/30/2009 passed with amendment 1. RETAIL TRADE SB 0599 Penalties for failure to perform credit card ID checks. Creates an offense for a retail clerk to fail to verify the identification of any person who presents a credit or debit card to pay for good or services at the point of sale during a face-to-face transaction. Specifies that first violation is a Class C misdemeanor offense and that second or subsequent violations are a Class B misdemeanor. Specifies that retailer who employs a clerk who violates this section is liable for any damages suffered by cardholder. (S: Burchett; H: Hardaway) Senate Status: Referred to Senate Commerce, Labor & Agriculture. TAXES BUSINESS SB 0714 Sin taxes increased to fund crime prevention grants. Increases taxes on alcoholic beverages and cigarettes, with increase earmarked to fund crime prevention grants, drug court grants, and mental health system grants. Increases taxes for wine to $1.45 from $1.21 per gallon; for spirits to $4.84 from $4.40 per gallon; for mixed drinks, to 16% from 15%; for beer to $4.72 per barrel from $4.29 per barrel. Cigarette taxes increase to 4 cents per cigarette from 3 cents. Broadly captioned. (S: Tate; H: Camper) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/18/2009. SB 3073 Limited excise tax exemptions for certain businesses. Creates a limited excise tax exemption for the first $25,000 in net income of any business having annual profits of less than $100,000 for tax years 2010 and 2011. Creates a limited excise tax exemption for the first $15,000 in net income of any business having annual profits between $100,000 and $200,000 for tax years 2010 and 2011. (S: Herron; H: Fitzhugh) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/09/2010. TRANSPORTATION VEHICLES SB 1115 Driver licenses or state IDs may have alcohol warning. Allows a licensee to request "Do Not Serve Alcohol" to be printed prominently on a driver license. Prohibits any person, including a permit holder licensed to sell alcoholic beverages, from being liable for serving alcohol to a licensee based on such driver license (S: Black; H: Lynn) Senate Status: Referred to Senate Transportation. SB 2672 Possession of an open alcoholic beverage container. Specifies that it is a Class C misdemeanor, punishable by a $50.00 fine, if a driver of a motor vehicle is charged with consuming alcoholic beverages in a motor vehicle or is charged with possession of an open alcoholic beverage container in a motor vehicle, but not charged with any other alcohol related offense. (S: Faulk; H: Lundberg) Senate Status: Referred to Senate Judiciary. UTILITIES SB 1232 Businesses to enroll on Do Not Call registry. Allows business telephone subscribers to enroll on the Tennessee Do Not Call Register. (S: Bunch; H: Hill) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/21/2009. © 2010 M. Lee Smith Publishers LLC
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Nashville, TN 37205
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