2007 Report Archive

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2006 Year-End Report

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LEGISLATURE WORKS UNTIL THE NIGHT TO FINISH BUSINESS
HOPES TO ADJOURN EARLY NEXT WEEK

State legislative leaders reached tentative budget deals  late Friday that include a half-cent cut in Tennessee's sales tax on food and a crime bill with mandatory longer prison terms for gun crimes. House and Senate Finance committees met with other top leaders of both parties, and sent budget bills totaling more than $28 billion to the floors of both chambers for votes next week. None of the agreements are final until they have won full legislative approval and are signed into law by Gov. Phil Bredesen. But the bipartisan group of House and Senate leaders and the governor's finance commissioner, Dave Goetz, said there is substantial agreement on the larger spending issues and disagreement on smaller ones.

There is still big disagreement over plans for a major revision of the lottery scholarship program, which Senate Speaker Ron Ramsey said could force delay of any revisions until 2008. The House and Senate agree on increasing the dollar amounts of the scholarships by at least $200 across the board. But senators oppose a House plan to lower from 3.0 to 2.75 the grade-point average that college students must maintain to keep the grants past their freshman year. After daylong and late-night sessions most of this week, these tentative agreements emerged Friday:

  • Tax relief. The $60 million plan would permanently cut the state sales tax on grocery food from the current 6 percent to 5.5 percent (local sales taxes ranging up to 2.75 percent would not be cut) The food tax cut is the most tenuous of the negotiations.
  • add another three-day sales tax holiday next spring (in addition to the back-to-school tax holiday plan in August)
  • raise the income ceiling for homeowners 65 and up to qualify for the existing local property-tax rebate program from the current $20,000 to $24,000 a year
  • broaden the property-tax rebate that now exists for veterans totally disabled in combat to include those with to service-related disabilities.
  • The crime package long sought by the DA’s and Police Chiefs across the state has been trimmed down and  would require mandatory additional sentences of three, five, six or 10 years -- depending on whether the convict has a prior felony record, and on whether a gun was actually fired -- for a dozen felonies involving a gun. All of the enhanced sentences would be served in addition to sentences for the underlying crime. At least 85 percent of the enhanced sentences would have to be served before parole.
  • Education. For the school year that starts this summer, the budget would fund about $300 million of the total $500 million in improvements for public education the legislature approved last week. It will put in reserve an additional $100 million to fund the second year, in fiscal 2008-09, with the expectation that full funding would occur the following year. The budget would increase higher education funding another $7 million beyond the $48 million increase sought by the governor, with the intent that tuition increases be held to 6 percent this fall.

If this tentative agreement can stay in place, it is hopeful that the legislature will adjourn for the year on Tuesday or Wednesday.  Please call if you have questions.

 

 

Tennessee Legislation Service (c) 2007 M. Lee Smith Publishers
Monday, June 11, 2007

ALCOHOLIC BEVERAGES

SB 0634*
HB 1750
(Full Text)

Allows sale of alcohol on Sundays that are certain holidays. Allows retailers to sell alcoholic beverages on Sundays between the hours of noon and eleven p.m. and on Labor Day, the Fourth of July, and New Year's Day. (S: Marrero; H: Jones U.)
Senate Status: Failed in Senate State & Local Government 03/13/2007 for lack of a second.
House Status: Referred to House Local Government Subcommittee.

SB 0680*
HB 0787
(Full Text)

Cannot sell beer or alcohol near drug treatment facility. Authorizes counties and cities to adopt ordinance or resolution that prohibits sale of beer and alcoholic beverages within 2,000 feet of a drug or alcohol treatment facility. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.

SB 0795*
HB 1324
(Full Text)

ID tags on beer kegs. Requires retailers to place identification tag on kegs containing beer that identifies the seller. Requires purchaser to pay a minimum deposit of $75 and to sign a registration form. Directs department of revenue to prescribe and supply forms for keg identification so that buyers and sellers can be held accountable for unlawful purchases. Violation is a Class C misdemeanor. (S: Burchett; H: Briley)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 04/18/2007.

SB 1221*
HB 1194
(Full Text)

Special occasion license for certain events. Allows charitable, nonprofit, or political organization to obtain special occasion license for event in political subdivision that has approved sale of alcoholic beverages for consumption on the premises. Clarifies current law that specifies approval only of the sale of alcoholic beverages at retail on the premises. (S: Cooper J.; H: Harmon)
Senate Co-Sponsor: Haynes House amendment 1 rewrites the bill to authorize the Swiss Colony in Gruetli-Lager to give samples of homemade wine at its annual festival.
Senate Status: Senate passed 05/07/2007.
House Status: House 04/09/2007 passed with amendment 1.
Other Status: Enacted as Public Chapter 0203 (effective 05/22/2007).

SB 1223*
HB 1529
(Full Text)

Special occasion license for charitable organization. Permits alcoholic beverage commission to issue a special occasion license to certain 501(c)(3) organizations for selling wine in closed containers for consumption on or off premises. Allows any resident of Tennessee to donate wine to such organizations. (S: Cooper J.; H: Odom)
Senate Co-Sponsors: Haynes; Kyle; Norris; Marrero Senate amendment 1 requires organization to have $1,000,000 annual budget. Also requires donated bottles of wine to be properly registered with the department of revenue.
Senate Status: Senate 05/07/2007 passed with amendment 1.
House Status: House passed 05/24/2007.
Other Status: Enacted as Public Chapter 0342 (effective 06/05/2007).

SB 1224*
HB 1755
(Full Text)

Retail license holder may offer free samples of wine. Permits entities holding a retail license or a winery license to provide free samples of wine to consumers on the premises under certain circumstances. Subjects those who violate specified requirements while providing samples to suspension of license or a fine of up to $3,000. (S: Cooper J.; H: Jones U.)
Senate Co-Sponsor: Haynes
House Co-Sponsor: Tindell
Senate Status: Taken off notice in Senate State & Local Government 05/01/2007.
House Status: Taken off notice in House Local Government Subcommittee 05/09/2007.

SB 1807*
HB 2120
(Full Text)

Any wine made from 50% TN fruit - unlimited sale. Allows any winery selling wine made from 50% of any Tennessee fruit to sell it on premises without restriction on number of gallons sold where grapes were previously the only fruit under this provision. (S: Ketron; H: Litz) Senate amendment 1 allows any winery selling wine made from 50% of any Tennessee agricultural product to sell it on premises without restriction on number of gallons sold. Clarifies that bill's provision apply to Tennessee fruit only. House amendment 1 substitutes the word "grapes" for "agricultural products" and provides that gift, tourism, or wine related items may be sold on the premises of a licensed winery.
Senate Status: Senate 06/06/2007 concurred in House amendment 1.
House Status: House 05/29/2007 passed with amendment 1.
Other Status: Sent to the speakers for signatures 06/06/2007.

SB 1821*
HB 1658
(Full Text)

Registration period for beer manufacturers, distributors. Increases time period from 20 to 25 days for manufacturer or distributor of beer to register at the office of the commissioner of revenue. Broadly captioned. (S: Bunch; H: Mumpower)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk.

SB 1879
HB 1119
(Full Text)

Beer distributors' registration. Increases time period during which beer distributors must register with commissioner of revenue from 20 to 25 days. (S: Jackson; H: Buck)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk.

SB 1977*
HB 1850
(Full Text)

Wine direct shipper license. Creates wine direct shipper license to be issued through the alcoholic beverage commission that would allow an 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: Stanley; H: Todd)
Senate Status: Senate State & Local Government deferred to 2008.
House Status: House Local Government Subcommittee deferred to 2008.

SB 2072
HB 1899*
(Full Text)

Sales of wine by certain retail food stores. Prescribes the creation of an additional class of licenses allowing the sale of wine at retail food stores. (S: Marrero; H: Kernell)
Senate Status: Failed in Senate State & Local Government 03/13/2007 for lack of a motion.
House Status: Referred to House Local Government Subcommittee.

SB 2289
HB 1825*
(Full Text)

Wholesaler's license expansion. Allows wholesaler's licenses to be granted in any municipality that has approved the sale of alcoholic beverages rather than only those with a minimum population of 100,000. (S: Burchett; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: House Local Government Subcommittee deferred to 04/18/2007.

COMMERCIAL LAW

SB 0850*
HB 1019
(Full Text)

Processing fees charged for use of debit or credit card. Prohibits card issuer from charging a processing fee to retail merchants for the use of credit or debit cards that is more than seventy-five hundredths of one percent (0.75%) per transaction for all processing fees involving the use of a credit or debit card. (S: Kilby; H: Ferguson)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/01/2007.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/10/2007.

TAXES BUSINESS

SB 1394*
HB 1193
(Full Text)

Increased tax on cigarettes and wine. Increases tax on spirits from $4.40 per gallon to $4.50 per gallon. Also increases tax on wine from $1.21 per gallon to $1.31 per gallon. Increases tax on cigarettes from 10 mills per cigarette to 1.5 cents per cigarette. (S: Crutchfield; H: Harmon)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/20/2007.
House Status: Referred to House Finance Budget Subcommittee.

TAXES SALES

SB 1802*
HB 1296
(Full Text)

Exemptions for certain licensed wholesalers and retailers. Exempts certain sales of tangible personal property and services made by licensed wholesalers and retailers from a central warehouse or distribution point other than its principal place of business from sales and use tax. (S: Ketron; H: Sargent)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.

SB 1974*
HB 2158
(Full Text)

Alcoholic beverages sold for consumption on premises. Specifies that the burden of proving that a taxpayer's records are inaccurate for the purpose of projecting taxpayer sales of alcoholic beverages for on-premises consumption from the taxpayer's wholesale purchases shall be on the department of revenue, (S: Haynes; H: Briley)
Senate Status: Senate Finance, Ways & Means deferred to 06/11/2007.
House Status: House Finance Budget Subcommittee deferred to 06/07/2007.

 

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©2005 Tennessee Wine & Spirits Retailers Association
P. O. Box 58083
Nashville, TN 37205
(615)298-8165