Legislative Update

The 2009 legislative session has ended. Here is the final status on bills TEP monitored during session.

Bill No. Description / Status
Campaigns & Lobbying
SB 0003
HB 0009*		 Photo ID required to vote.
Requires voters to present a photo ID in order to vote. Clarifies that voters who do not have a photo ID can cast provisional ballots. Provides that those who cannot afford a photo ID can sign a pauper's oath and have one provided. (S: Beavers; H: Weaver)
Senate Status: Referred to Senate State & Local Government.
House Status: Withdrawn in House 04/09/2009.
SB 0005
HB 0010*		 Photo ID required to vote.
Changes requirements for voter registration form from simply including "such matter as the coordinator of elections requires" to listing the specific criteria. Requires applicant to sign a sworn statement of legal citizenship and residency. Provides the administrator of elections must reject any application for registration that is not accompanied by proof of citizenship and lists acceptable forms of proof. Clarifies that those already registered in the state will not be required to resubmit proof, and voters who do not have a photo ID can cast provisional ballots. Provides that those who cannot afford a photo ID can sign a pauper's oath and have one provided. (S: Ketron; H: Maggart)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
SB 1999*
HB 1838		 Proven citizenship status prior to registration to vote.
Requires the printed voter registration form to include a statement that the applicant must submit evidence of U.S. citizenship with the application and that the registrar must reject the application if no evidence of citizenship is attached. Requires a voter to present to the registrar one form of identification that bears the name, address and photograph of the voter. (S: Norris; H: Todd)

Amendment: Senate State & Local Government Committee amendment 1, House Elections Subcommittee amendment 1 retains all provisions of the original bill but does the following: permits rather than requires the registrar to reject registration if no proof of citizenship is provided; and clarifies the intent of the general assembly that this act apply to new registration forms only and that any remaining printed forms be used until January.

Senate Status: Senate deferred to 04/30/2009.
House Status: Bill will stay in House Elections Subcommittee after Representative McCormick chose not to move to recall the bill from the subcommittee in House State & Local 05/12/2009.
Criminal Law
SB 0253
HB 0335*		 Enhancement factor - basis in gender identity or expression.
Requires the court to consider whether a defendant intentionally chose a victim of crime based on gender identity or expression in determining whether to enhance a defendant's sentence. Thus, adds to present law advisory enhancement factor for sentencing a defendant who intentionally chose a victim of crime, in whole or in part, because of the victim's race, religion, color, disability, sexual orientation, national origin, ancestry or gender. (S: Marrero; H: Richardson)
Senate Status: Senate Judiciary deferred to 05/19/2009.
House Status: Taken off notice in House Judiciary 05/13/2009.
Education
SB 0283*
HB 0451		 Requiring policies prohibiting bullying.
Requires school districts to include as a part of the school districts' policies prohibitions against harassment, intimidation, and bullying. (S: Black; H: Dunn)
Senate Status: Senate passed 02/23/2009.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0153 (effective 07/01/2009).
SB 1234
HB 0812*		 Parents to request students attend family life courses.
Requires a written receipt from the student's parents or guardian who wishes the student to attend a family life course. Allows a student to be excuses from a portion of family life instruction by submitting a request to the principal. (S: Bunch; H: Campfield)
Senate Status: Taken off notice in Senate Education 04/28/2009.
House Status: House Education K-12 Subcommittee deferred to 03/15/2010 while awaiting comment on impact of the bill from the board of education.
SB 1250
HB 0821*		 Prohibits teaching of homosexuality in grades K-8.
Prohibits the teaching of or furnishing of materials on human sexuality other than heterosexuality in public school grades K-8. (S: Bunch; H: Campfield)
Senate Status: Taken off notice in Senate Education 04/28/2009.
House Status: House Education K-12 Subcommittee deferred to 03/15/2010 while awaiting comment on impact of the bill from the board of education.
Family Law
SB 0050*
HB 0398		 Rebuttable presumption for shared custody.
Creates rebuttable presumption that equally shared parenting is in the best interest of the child. (S: Bunch; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee 03/25/2009.
SB 0052*
HB 0427		 Reporting on adoptions.
Requires the department of children's services to report annually to the select committee of children and youth regarding the total number of adoptions and the number of adoptions in which the child is related to the adoptive parents versus the number of adoption in which the child is not related. Broadly captioned. (S: Bunch; H: Bell)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
SB 0078*
HB 0605		 Ineligibility for cohabitants to adopt a child.
Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
SB 0181
HB 0002*		 Equal and Fair Parenting Act.
Creates a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. (S: Jackson; H: Hardaway)
Senate Status: Taken off notice in Senate Judiciary 04/23/2009.
House Status: Failed in House Domestic Relations Subcommittee 04/15/2009 on a vote of three to three.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with no comment.
SB 0252
HB 0334*		 Amendment of birth certificate for gender change.
Requires amendment of birth certificate upon receipt of a sworn statement from a licensed medical professional that the person's gender has changed. Deletes present law prohibition against changing sex on original certificate of birth as a result of sex change surgery. (S: Marrero; H: Richardson)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Public Health and Family Assistance Subcommittee.
SB 1070
HB 0931*		 Change sex designation on birth certificate.
Authorizes certain persons to change the sex designation on their birth certificate. (S: Marrero; H: Kernell)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Health Care Facilities Subcommittee.
SB 2136
HB 2159*		 Embryo Donation and Adoption Act of 2009.
Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever. Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Senate Status: Taken off notice in Senate Judiciary 04/01/2009.
House Status: Taken off notice in House Family Justice Subcommittee 04/07/2009.
Government Organization
SB 1953
HB 1845*		 Creates diversity business enterprise oversight committee.
Creates diversity business enterprise select oversight committee consisting of six members of the general assembly. Specifies that the committee is to review and evaluate diversity in state contracting and procurement. (S: Tate; H: Miller L.)
Senate Status: Referred to Senate Delayed Bills Committee.

House Status: Taken off notice in House State & Local Government 05/20/2009.

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