July 1st, 2016 Effective Legislation

Budget
Budget / Makes the largest investment in K-12 education without a tax increase
in Tennessees history. It builds up state reserves, puts Tennessee on the path to
catch up on long-deferred maintenance of buildings, reinvests in the state
workforce and focuses one-time dollars on reducing the states ongoing costs. It
includes no new debt and all capital projects are funded with cash. The budget
reduces the Hall Income Tax from six percent to five percent, with anticipation of
at least a one percent reduction each year until total elimination by January 1,
2022. It also provides for property tax relief by increasing the value level for lowincome elderly Tennesseans and removes the income qualifier for 100 percent
disabled veterans. (Majority Leader Mark Norris) Public Chapter 758

DUI

DUI / Carjacking / Strengthens penalties for multiple DUI offenders and

carjackers -elevates a DUI offense for those convicted 6 or more times from a
class E felony to a class C felony - requires prior convictions for alcohol-related
vehicle offenses, including those committed out-of-state, to be counted as prior
convictions - requires any person convicted of carjacking to serve 75% of the
sentence imposed - reduces the simple possession or casual exchange of
marijuana to a misdemeanor rather than a felony (Chairman Randy McNally)
Public Chapter 758

DUI / Conviction History / Requires immediate sharing of an impaired drivers

DUI arrest and conviction history with law enforcement, the courts and the
National Crime Information Centers requires immediate sharing of an impaired
drivers DUI arrest and conviction history with law enforcement, the courts and
the National Crime Information Centers to ensure multiple offenders - makes the
information accessible by law enforcement officers in their squad cars to check
the criminal background of arrestees (NCIC) (Majority Leader Mark Norris)
Public Chapter 1075

DUI / Fingerprints / Calls for timely transmission of fingerprints taken for

vehicular impairment offenses (Majority Leader Mark Norris) Public Chapter 718

DUI / Ignition Interlock Devices / Requires a judge to order an ignition interlock

device for all convicted DUI offenders unless the judge provides a finding of fact
to not order the device - offenders must have the ignition interlock devices in their
car and operating for 365 consecutive days or the offender must start over until
the time is served consecutively - if there has been any tampering with the device

in the last 120 days of the sentence, the period for which the interlock system is
required will be extended by another 120 days (Senator John Stevens) Public
Chapter 888

DUI / Interlock Assistance / Authorizes the use of the states Interlock Assistance
Fund for transdermal monitoring devices or other alternative alcohol or drug
monitoring devices when a court determines that an offender is unable to pay for
it (Senator Doug Overbey) Public Chapter 993

DUI / Transdermal Monitoring / Gives judges discretion to order monitoring for

1st time DUI offenders - any device a judge believes necessary to ensure that the
offender complies with probation conditions and a clinical assessment to cover
drugs (Senator Doug Overbey) Public Chapter 653

DUI Memorial Signing Program / Creates a Driving Under the Influence (DUI)
memorial signing program to erect and maintain memorial signs on the noninterstate highways commemorating residents who died as a result of DUI related
incident (Senator Kerry Roberts) Public Chapter 1039

DUI / Disclosure / Requires law enforcement agencies to have a procedure

describing when personnel may disclose to the public the use of drugs or alcohol
by a driver as a contributing factor in a motor vehicle accident (Senator Kerry
Roberts) Public Chapter 756

Abortion

Abortion / Consent / Clarifies consent is required for medical experiments or

research of aborted fetus (Senator Joey Hensley) Public Chapter 986

Human Sex Trafficking

Human Sex Trafficking / Penalties / Increases penalties for traffickers who

promote another for prostitution to a class E felony and requires the offender to
register as a sex offender - clarifies the offense of promoting prostitution so
victims are not unduly punished helps to ensure DCS can provide services to
minor victims (Senator Doug Overbey) Public Chapter 979

Child Abuse / Child Sexual Abuse / Sex Offenders

Rape of a Child / Adds aggravated rape of a child and rape of a child as offenses
for which aggravated sexual battery is a lesser included offense (Senator Paul
Bailey) Public Chapter 671

Statute of Limitations / Aggravated Statutory Rape / Extends the statute of

limitations for aggravated statutory rape to 15 years after the victim turns 18 years
of age (Senator Todd Gardenhire) Public Chapter 958

Statutory Rape / Increases penalty for statutory rape by an authority figure from
a class C felony to a class B felony if the victim is 13 to 18 years of age and if
there is more than a 4 year difference (Majority Leader Mark Norris) Public Chapter
1086

Sexual Contact by an Authority Figure / Expands the requirements for the

offense of sexual contact by an authority figure closes a loophole and expands
the offense to cover all minors under the age of 18 (Senator Janice Bowling)
Public Chapter 1038

Severe Child Abuse / Statute of Limitations / Extends the statute of limitations

to 10 years after the child reaches 18 years of age for aggravated child abuse,
child neglect and endangerment to allow the child to face their abuser as an adult
(Senator Mark Green) Public Chapter 1032

Child Abuse / Gives equal protection to all Tennessee children from abuse,
neglect and endangerment by repealing religious exemption defense (Senator
Richard Briggs) Public Chapter 951

Domestic Assault / Child Abuse / Statute of Limitations / Adds child abuse,

neglect and endangerment, as well as domestic assault, to the list of offenses in
Tennessee for which pretrial diversion is not permitted (Chairman Ken Yager)
Public Chapter 586

Sex Offenders / Unlawful Photographing / Allows a judge to add those who

unlawfully photograph a person for sexual gratification to the Tennessee Bureau
of Investigations (TBI) Sex Offender Registry for up to 10 years (Senator Jim
Tracy) Public Chapter 941

Drugs / Opioid Abuse

Butane Hash Oil (BHO) / Shatter / Defines the dangerous and more potent form
of marijuana and creates a Class E felony for knowingly manufacturing it
(Senator Doug Overbey) Public Chapter 1014

Marijuana Oils and Concentrates / Clarifies that marijuana concentrates and

oils are defined as marijuana and are under the states Tennessee Drug Control Act
to keep Tennessees statute up-to-date with the recent increase in different and
dangerous forms of the drug (Senator Mae Beavers) Public Chapter 873

Crime

Juvenile Crime / Reporting / Gives the Department of Childrens Services

direction in collecting information required under a 2007 law so that adequate
data on juvenile probation, recidivism, system penetration information and
evidenced-based services information can shed more light on how to keep young
offenders from moving into a cycle of crime (Majority Leader Mark Norris) Public
Chapter 1005

Autopsies / Provides that a district attorney can request an autopsy (Senator Doug
Overbey) Public Chapter 799

Evading Arrest / Penalties / Sets tougher penalties for evading arrest - makes it a
class E felony unless the evasion creates a risk of death or injury to innocent
bystanders, law enforcement officers or 3rd parties in which case it would be class
D felony (Chairman Jim Tracy) Public Chapter 633

Vandalism / State of Emergency / Broadens the sentencing enhancement for

committing theft during a declared state of emergency to include class C felony
vandalism offenses (Senator Frank Niceley) Public Chapter 934

Courts / Court Process

Pre-Trial Diversion / Allows judges to impose a condition on pretrial diversion

of jail time not to exceed 30 days as shock incarceration (Chairman Jack
Johnson) Public Chapter 1026

Child Support / Custody / Allows for a case involving child support or custody
provisions to be transferred between counties if the requesting party has served
the non-requesting party with the filing seeking transfer and non-requesting party
has not filed an objection within 15 days (Senator Doug Overbey) Public Chapter
668

Uniformed Fiduciary Access to Digital Assets / Sets the framework for how
provisions can be made by persons, while living, for alternative access to digital
assets such as Facebook, Linked-In and email accounts (Majority Leader Mark
Norris) Public Chapter 570
Parental Termination / Public Records / Provides cases involving the
termination of parental rights the same level of confidentiality as cases filed in
juvenile court (Senator Doug Overbey) Public Chapter 659
Public Pensions / Divorce / Authorizes all public pension and retirement plans to
allocate a portion of the members benefits to the his or her former spouse (Senator Doug
Overbey) Public Chapter 931

Waiver of Preliminary Hearing / Grant the state the right to make timely
objections to a defendants waiver of a preliminary hearing to the satisfaction of a
judge (Chairman Ken Yager) Public Chapter 329

K-12 Education

Testing Transparency / Allows teachers, parents and students the ability to

obtain 70 % or more of the question from standardized test in grades 8 and 10
11 graders can retake ACT or SAT free of charge (Senator Ferrell Haile) Public
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Chapter 844

Student Privacy / Vendors of education software and internet services must

protect K-12 students privacy while handling data (Senator Steve Dickerson)
Public Chapter 757

STEM Schools / Simplifies the transfer of students, and the BEP funding that
follows them, to regional Science Technology Engineering Mathematics (STEM)
Schools (Senator Becky Massey) Public Chapter 882

Dyslexia / Calls for universal dyslexia screening for students and a Dyslexia
Advisory Council (Chairman Dolores Gresham) Public Chapter 1058

Student Safety

School Buses / Strengthens penalties against school bus drivers who use a
cellphone or other electronic device while transporting students (Senator Becky
Massey) Public Chapter 1036

Defibrillators / Ensures school personnel have training in how to use automatic

external defibrillators (Senator Doug Overbey) Public Chapter 677

Suicide Prevention / Addresses suicide among young people by requiring LEA

employees to attend training that already takes place for teachers and principals
(Senator Kerry Roberts) Public Chapter 623

Bullying / Requires school policy include referral for counseling, expanding

current reporting requirements and encourages LEAs to review their policy
prohibiting harassment, intimidation, bullying or cyberbullying (Chairman Bill
Ketron) Public Chapter 783

Higher Education

FOCUS Act / Creates the Focus on College and University Success (FOCUS) Act
to provide a sharpened focus on the governance of Tennessees 13 community
colleges and 27 colleges of applied technology (TCATs), while granting four-year
state universities additional autonomy (Majority Leader Mark Norris) Public
Chapter 869

From 2015 Legislative Session -- Community College / Reconnect Grants /

Launches a pilot program to help adults complete their degree in Tennessees
community colleges and provides last-dollar scholarship assistance to adults who
want to return to community college and complete their associates degree in
applied science colleges, 27 colleges of applied technology or other eligible
institutions offering an associate degree program (Majority Leader Mark Norris)
Public Chapter 363

From 2015 Legislative Session - University of Memphis / Adds the University of

Memphis to the provisions of state law that applies to Austin Peay State
University to give in-state tuition to residents who live in neighboring counties
outside the state which are adjacent to Shelby County (Majority Leader Mark
Norris) Public Chapter 447

Taxes

Professional Privilege Tax / Requires the Department of Revenue to properly

notify those owing a professional privilege tax (Senator John Stevens) Public
Chapter 1010

Jobs / Commerce

Rural Economic Opportunity Act / Spurs economic development in some of the

states most economically distressed counties by restructuring the county tier
system used for determining job tax credits Budget provides $10 million for the
Rural Economic Opportunity Propelling Rural Economic Progress (PREP)
program fund which is a grant to aid rural counties in building sites and
infrastructure to incentivize business to develop in their region (Majority Leader
Mark Norris) Public Chapter 1019

Autonomous Vehicles / Defines autonomous vehicles and technology to help

recruit research, testing and manufacture of the vehicles in Tennessee (Senator
Mark Green) Public Chapter 927

Business / Workers

Asbestos Bankruptcy Claims Transparency Act / Protects those who have

been injured by making sure that people who are actually sick go to the front of
the line to recover damages for their injuries also sets up a way for injured
claimants to get their lawsuits through the court system efficiently, but makes sure
that there is no double dipping on claims paid from the Trust Fund (Senator John
Stevens) Public Chapter 635

Workers Compensation / Improves workers compensation reforms adopted in

2013 - changes the injury notification requirement for workplace injuries from 30
days to 15 days to encourage workers to more timely notify their employer if they
have been injured on the job - provides additional protections for workers by
authorizing a workers compensation judge to award medical and/or disability
benefits that have been wrongly denied during an expedited compensation hearing
- encourages more employers to participate in the Tennessee Drug Free Workplace
Act - allows the Division of Workers Compensation to hire attorneys as
ombudsman to help navigate the system (Majority Leader Mark Norris) Public
Chapter 1056

Unemployment Claims / Requires the Department of Labor and Workforce

Development to audit all claims to ensure that those receiving benefits are
applying to a minimum of three places of employment per week or visiting a
qualifying career center (Senator Mark Green) Public Chapter 1063

Consumers

Cybersecurity / Tightens up state law regarding breach notification requirements

to protect consumers (Chairman Bill Ketron) Public Chapter 692

Identity Theft / Prohibits registers of deeds from disclosing personal information

to help guard against identity theft (Chairman Jack Johnson) Public Chapter 914

Fantasy Sports / Creates a regulatory framework for the brand new market to
protect consumers (Chairman Jack Johnson) Public Chapter 978

Transportation

Slow Pokes / Restricts slow drivers from continuously driving in the far left lane
on 3- lane highways and impeding the normal flow of traffic (Senator Frank
Niceley) Public Chapter 982

Texting While Driving / Provides that texting while driving offense triggers a
moving violation mandates a driver education course on the 1st offense (Senator
Ed Jackson) Public Chapter 1077

Aeronautics / Creates the Aeronautic Economic Development Fund - once

funded, grants will be made to benefit aeronautical programs and infrastructure
across the state, principally at airports (Speaker Pro Tempore Bo Watson) Public
Chapter 1027

E-Bikes / Defines e-bikes and clarifies that they are subject to the same rules and
legal requirements that apply to riders of traditional bicycles (Senator Richard
Briggs) Public Chapter 823

Bike lanes / Creates penalties for operating a vehicle in a designated bicycle lane
with the exception of parking, loading or unloading passengers or turning - 1
offense is a warning, 2 offense is a $20 fine and 3 and subsequent offense is a
$50 fine (Senator Becky Massey) Public Chapter 944

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Health / Hospitals / Access to Care /Medicine/

Professionals

Hospitals / Continues the Hospital Coverage Assessment to prevent more than

$1.275 billion in potentially catastrophic TennCare cuts that would negatively

affect hospitals, physicians, patients and enrollees cannot pass along to patients
(Senator Doug Overbey) Public Chapter 854

Certificate of Need / Modernizes Tennessees Certificate of Need (CON)

program - removes several services from requiring CON - adds flexibility to the
way that hospitals and physicians groups operate (Senator Todd Gardenhire)
Public Chapter 1043

Affordable Healthcare / Provides Tennesseans with an affordable free-market

option to contract directly with their physician for primary healthcare services by
ensuring that it is not considered an HMO or insurance company for purposes of
regulation in Tennessee (Senator Kerry Roberts) Public Chapter 996

Epinephrine / Restaurants / Allows health care prescribers to prescribe

epinephrine auto-injectors to a wide variety of entities, including restaurants
(Senator Mark Green) Public Chapter 805

Epinephrine / Law Enforcement Officers / Allows law enforcement officers to

administer epinephrine in emergency situations (Senator Paul Bailey) Public
Chapter 801

CMV / Pregnant Women / Encourages healthcare professionals who care for

pregnant women to provide information regarding CMV (Chairman Bill Ketron)
Public Chapter 625

Medical Occupations / Licensing / Provides healthcare professionals who let

their license expire, the ability for reinstatement (Chairman Randy McNally)
Public Chapter 763

Veterans / Military

Food Stamps / Soldiers / Prohibits the Department of Health, to the extent

permitted under federal law, from including the basic allowance for subsistence
(BAS) for applicants who are members of a uniformed service when calculating
income for the purpose of determining eligibility for the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) (Senator Mark
Green) Public Chapter 950

Handgun Permits / Veterans / Makes it easier for veterans to obtain a handgun

carry permit - will not be required to comply with the mandatory classroom and
firing range hours if the applicant is an active, honorably discharged or retired

veteran of the U.S. Armed Forces after presenting documentation (Senator Doug
Overbey) Public Chapter 925

Veterans / Proof of Immunization / Requires public institutions of higher

education to accept proof of a students prior or current military service as
evidence of any immunization requirements for enrollment (Chairman Dolores
Gresham) Public Chapter 841

Governments & Accountablity

Administrative Officer / Highway Dept. / Sets guidelines in the event a person

challenges a candidates qualifications for the office of county highway
superintendent (or the elected chief administrative officer of the highway
department) (Chairman Mike Bell) Public Chapter 604

Government Accountability / State Audits / Makes it a class A misdemeanor

criminal offense for a supervisor or employee of state government intentionally to
interfere with, impede, obstruct or limit access to information that is requested
during an audit conducted by the Comptroller of the Treasury (Chairman Jim
Tracy) Public Chapter 939

State Contracts / Requires vendors seeking a state contract to notify the chief
procurement officer if they have been convicted of, indicted or pleaded guilty to
violations of the Sherman Antitrust Act, mail fraud or other violations of state or
federal law that is related to any contract (Chairman Ken Yager) Public Chapter 730

Welfare Fraud / Penalties / Increases the penalty for TennCare fraud from a
class E felony to a class D felony (Majority Leader Mark Norris) Public Chapter 744

Welfare Fraud / DHS / Makes substantial changes to the way the Tennessee
Department of Human Services (DHS) contracts and monitors 3 party agencies
that receive taxpayer money to feed children and adults (Speaker Pro Tempore Bo
Watson) Public Chapter 798
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From 2015 Legislative Session - Welfare Benefits / Abuse / Restricts the use of
electronic benefit transfer (EBT) cards by Temporary Assistance for Needy
Families (TANF) recipients at licensed retail stores that derive their largest
category of sales from tobacco and smoking accessories (Senator Mae Beavers)
Public Chapter 392

From 2014 Legislative Session - Consumers / Wine in Grocery Stores / Triggers

a licensed grocery store the ability to sell wine (Chair Bill Ketron) Public Chapter
554

Second Amendment Rights

Handguns / Posting / Creates immunity from liability for a premise that does not
post signage prohibiting weapons from claims based on not posting (Chairman
Dolores Gresham) Public Chapter 947

Second Amendment Rights / Post-Secondary Institutions / Requires public

post-secondary institutions to conform with the 2013 law allowing for the storage
of handguns by permit holders in their vehicles as long as it is locked and out of
site (Senator Mike Bell) Public Chapter 1061

Senior Citizens

Elderly / Healthcare Structures / Authorizes zoning consideration of temporary

family healthcare structures for mentally or physically impaired citizens on the
property of their caregiver (Senator Mike Bell) Public Chapter 992

Other

E-Verify / Puts more teeth in Tennessees E-Verify statute by targeting bad actors
who find it more advantageous to pay a one-time fine rather than follow the law
(Chairman Jim Tracy) Public Chapter 828

Drones / Surveyors / Expands lawful use of photography captured by unmanned

aircrafts or drones to land surveyors and topographical mapmakers allows the
state to adopt this technology to make departmental duties less expensive and
more efficient (Senator John Stevens) Public Chapter 900

Horse Racing Advisory Committee / Recreates the State Horse Racing Advisory
Committee to develop recommendations for legislation related to the
establishment of horse racing in Tennessee (Senator Frank Niceley) Public Chapter
1040

Used Oil Collection Act / Broadens the scope of the 1993 Used Oil Collection
Act to address the proper disposal of used antifreeze, transmission fluid and
power steering fluid (referred to as "other automotive fluids") (Majority Leader
Mark Norris) Public Chapter 771

Iran Divestment Act / Identifies persons investing in the energy sector of Iran
and prohibit the state from contracting with them follows 2010 federal law
which authorized state and local governments to prevent investment in companies
operating within Irans Energy Sector that may directly or indirectly support Irans
nuclear capabilities (Chairman Bill Ketron) Public Chapter 817