Bill Updates - March 4, 2009

TFALAC Report on Bill Activity on March 4, 2009

House Judiciary Committee—Wednesday at 8:30 am—LP 31
MEMBERS: Chair Coleman (D), Vice Chair Lundberg (R), Secretary Sontany (R), Bass (D), Camper (D), Dennis (R), Faulkner (R), Fincher (D), Kelsey (R), Matheny (R), Stewart (D), Watson (R).

HB 0411
Pitts
CRIMINAL LAW: Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. AMENDMENT: House Judiciary amendment 1 renames the bill, “Coach Willard Ross Act.” (SENATE: SB 0383, Barnes; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 10, 2009 Increase Local Revenue = Not SignificantIncrease Local Expenditures = Not Significant Increase State Revenue = Not SignificantIncrease State Expenditures = Not Significant

House Judiciary 03/04/2009 recommended with amendment 1. Amendment 1 renames to bill the “Coach Willard Ross Act”.

Sent to House Calendar & Rules.

HB 0414
Windle
CRIMINAL LAW: Inmate relations coordinators to carry firearms. Authorizes vested inmate relations coordinators to carry firearms to same extent as correctional officers. (SENATE: SB 0565, Yager; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Increase State Expenditures = Not Significant

House Judiciary deferred to 03/25/2009.

TFA OPPOSES this bill. It creates another “class” of civilians who are being granted special carry privileges based on their job. In this instance, these individuals do not carry on the job which is even more troubling. TFA routinely opposes all bills which propose to give civilians (anyone who is “off duty” under Tennessee law) special privileges to carry firearms based on what their normal job may be.

HB 0961
Matlock
CRIMINAL LAW: Handgun carry permit holders to carry in wildlife areas. Allows a person with a valid handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. AMENDMENT: House Judiciary Committee amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where access is denied. (SENATE: SB 1519, Burchett; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease State Revenue - $300/Wildlife Resources Fund Decrease Local Revenue - $400

House Judiciary 03/04/2009 recommended with amendment 1. Amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where public access is denied. Sent to House Finance Committee.

The situation with the various “parks” bills is getting complicated because some bills are federal parks only, some are state parks only. There is a bill with Sen. Beavers and Rep. Bell called the Firearms Owners Protection Act of 2009 which addresses parks, restaurants and confidentiality in one bill. That is a safer approach than passing partial bills which may not end up complimenting each other.

HB 0070
Fincher
CRIMINAL LAW: Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (SENATE: SB 0474, Berke; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 14, 2009 Decrease state revenue - not significant decrease state expenditures - not significant Decrease local revenue - not significant decrease local expenditures - not significant

House Judiciary Committee deferred to 03/11/2009.

HB 0254
Casada
CRIMINAL LAW: Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (SENATE: SB 0554, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease State Expenditures = Not Significant

House Judiciary 03/04/2009 recommended. Sent to Calendar & Rules.

HB 0716
Niceley
CRIMINAL LAW: Handgun carry permit holders can carry guns in state parks. Permits a resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. (SENATE: SB 0976, Faulk; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Minimal

House Judiciary 03/04/2009 recommended. Sent to Calendar & Rules.

HB 0962
Todd CRIMINAL LAW: Carrying guns in restaurants. Allows any individual with a handgun carry permit to carry into restaurants that serve alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue. (SENATE: SB 1127, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease Local Revenue = Not Significant Decrease Local Expenditures = Not Significant

House Judiciary Committee deferred to 03/11/2009.

TFA OPPOSES the portions of this bill which contain the “age restricted” and “curfew” (11pm cutoff) provisions. The bill needs to come out without these restrictions such as the Senate has passed in the last 3 years. It is possible that these provisions could be removed in a conference committee but let’s either strip them now OR run a clean bill such as the Firearms Owners Protection Act of 2009. There are approximately 10 restaurant bills but this is the 1st one moving.

HB 0959
Bass CRIMINAL LAW: Handgun carry permit application info confidential. Makes information contained in handgun carry permit applications and renewals, information provided to any state or federal agency to investigate applicant, and records maintained relative to the permit application or revocation of permit confidential. Creates Class A misdemeanor offense of unauthorized publication of permit information or records. (SENATE: SB 1126, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 19, 2009 Increase State Revenue = Not Significant Increase State Expenditures = Not Significant Increase Local Revenue = Not Significant Increase Local Expenditures = Not Significant

House Judiciary Committee deferred to 03/11/2009.

TFA supports this bill but it is getting opposition from the “open records” supporters. We are considering proposing an amendment that would allow access to the records is the requesting party signed a statement under penalty of perjury (a misdemeanor) that the use of the database would not allow publication of personal information, including names, street addresses, etc., of anyone in the database in any publicly accessible means such as internet sites, newspapers, etc.

HB 0960
Tindell
CRIMINAL LAW: Handgun carry permit holders to carry in parks. Authorizes people with handgun carry permits to possess firearms in parks owned by state, local, or federal governments. AMENDMENT: House Judiciary Criminal Practice Subcommittee Amendment 1 deletes state parks from the bill’s provisions. The amendment also makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. (SENATE: SB 1518, Burchett; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Minimal

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 deletes state parks from the bill’s provisions. The amendment also makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. Sent to House Judiciary.

TFA supports parks carry. However, this is another situation where the issues of federal, state and local parks are being handled in separate bills which poses the risk of creating gaps in the legislation for places such as “greenways”. TFA also opposes exempting local parks because some of these are quite large. A compromise may be to allow local legislative bodies (not parks administrators) to pass ordinances banning firearms possession within a certain distance (e.g. 100 yards) of any established ball diamond or field (football, soccer, etc.) and requiring that such locations be both clearly posted and that the restriction only apply when the sporting facilities are in active use.

HB 0082
Shaw
CRIMINAL LAW: Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officer to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. AMENDMENT: House Judiciary Criminal Practice Subcommittee amendment 1 requires current and retired judges to undergo the same training for carrying a firearm as that of law enforcement officers. Such training would be at the expense of the current or retired judge. (SENATE: SB 0019, Gresham; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 20, 2009 Minimal

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 requires current and retired judges to undergo the same training for carrying a firearm as that of law enforcement officers. Such training would be at the expense of the current or retired judge. Sent to House Judiciary.

TFA OPPOSES this bill. It creates another “class” of civilians who are being granted special carry privileges based on their job. In this instance, the bills applies not only to sitting judges but also retired judges. TFA routinely opposes all bills which propose to give civilians (anyone who is “off duty” under Tennessee law) special privileges to carry firearms based on what their normal job may be.

HB 0517
Shaw
CRIMINAL LAW: Requires expunction of certain criminal records. Requires expunction of criminal records when 15 years has elapsed and the individual has not committed any major crime since and when the original crime was not a Class A or Class B felony or certain Class C felonies such as sexual offenses. (SENATE: SB 0724, Tate; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 3, 2009 Increase State Revenue = $48,000/AOC/RecurringIncrease State Expenditures - $48,000/AOC/Recurring $4,900/TBI/One-Time$71,200/TBI/Recurring Increase Local Revenue - $160,000/Recurring Increase Local Expenditures - $160,000/Recurring*

House Judiciary Criminal Practice Subcommittee deferred to 03/11/2009.

HJR 0032
West
CRIMINAL LAW: Joint committee to study Tennessee’s gun laws. Creates special joint committee to study Tennessee’s gun laws, including concealed carry permits, issuance of gun licenses to dealers and consumers, persons who are allowed to carry guns and where such persons are allowed to carry guns, penalties associated with guns, and any other matter the joint study committee may find reasonable and prudent. AMENDMENT: House Judiciary Criminal Practice subcommittee amendment 1 changes the due date of the joint study committee’s report from March 30 to May 30. The amendment also requires the study committee to meet only on legislative session days. (FISCAL NOTE: Dated: February 19, 2009 Increase state expenditures - $1,500/each one-day meeting increase local expenditures - $200/each one-day meeting*

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 changes the due date of the joint study committee’s report from March 30 to May 30. The amendment also requires the study committee to meet only on legislative session days. Sent to House Judiciary.

HB 1292
Casada
CRIMINAL LAW: Unauthorized publication of permit information or records. Makes information contained in handgun carry permit applications and renewals, information provided to federal and state agencies to investigate applicant, and records maintained relative to the permit application, or criminal background check confidential. Creates a Class A misdemeanor offense of unauthorized publication of permit information or records and specifies that such offense is punishable by a fine only. (SENATE: SB 1625, Beavers; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 19, 2009 Increase State Revenue = Not Significant Increase State Expenditures = Not Significant Increase Local Revenue = Not Significant Increase Local Expenditures = Not Significant

House Judiciary Criminal Practice Subcommittee deferred to 04/1/2009.

HB 1665
Todd
CRIMINAL LAW: Right to carry firearms and reserve deputy sheriffs. Adds commissioned reserve deputy sheriffs, authorized in writing by the sheriff, to list of those allowed to carry firearms as a law enforcement officer. (SENATE: SB 1912, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Minimal

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0390
Fincher
CRIMINAL LAW: Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (SENATE: SB 0578, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Decrease State Revenue = Not Significant Decrease State Expenditures = Not Significant Decrease Local Revenue = Not Significant Decrease Local Expenditures = Not Significant

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0046
Evans
CRIMINAL LAW: Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (SENATE: SB 0032, Tracy; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 27, 2009 Decrease state expenditures - not significant

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0351
Hackworth
CRIMINAL LAW: Assault on law enforcement officer. Creates Class E and D felony offenses of assault on law enforcement officer. Also creates Class B felony offense of aggravated assault on law enforcement officer. (SENATE: SB 0539, Ketron; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Increase State Expenditures - $3,963,500/Incarceration* Decrease Local Revenue = Less than $100,000 Decrease Local Expenditures = Exceeds $100,000

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

Senate Judiciary Committee—Wednesday at 3:00 pm—LP 12
MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Overbey (R), Black (R), Bunch (R), Faulk (R), Kyle (D), Marrero (D), Stanley (R).

SJR 0001
Norris
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution to establish the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. FISCAL NOTE: Dated: December 18, 2008 Increase local expenditures* - $20,000/one-time/fy10-11

Taken off notice in Senate Judiciary 03/04/2009.

SJR 0030
Jackson
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Proposes an election of the people for the purpose of determining whether Article XI, Section 13 of the Constitution of Tennessee should be amended to establish the right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. FISCAL NOTE: Dated: February 6, 2009 Increase local expenditures - $20,000/one-time/fy10-11*

Senate Judiciary 03/04/2009 recommended. Sent to Senate Finance, Ways & Means.