18 new laws effective Jan. 1

By | December 31, 2009 12:00 am

Members of Tennessee General Assembly are preparing for their return to Nashville, on Jan. 12, to begin the usual annual process of negotiations and debates that will culminate in a final draft of new legislation.
On Jan. 1 and July 1 of each year, new laws go into effect. The following is a list of the new laws effective Jan. 1, 2010.
HB 0151: Controlled Substances – As enacted, requires each practice site where a controlled substance is dispensed to provide for electronic access to the controlled substance database at all times when the dispenser provides health care services to a human patient potentially receiving a controlled substance; a violation is punishable by a civil penalty not to exceed $100 a day assessed against the prescriber or the pharmacy. – Amends TCA Title 53.
HB 0386: Animals and Animal Cruelty – As enacted, enacts the “Commercial Breeder Act.” – Amends TCA Title 47, Chapter 18, Part 1; Title 39, Chapter 14, Part 2; and Title 44, Chapter 17.
HB 0472: Safety – As enacted, provides that a contract having an automatic renewal clause between an alarm systems contractor and any homeowner or renter for the provision of alarm services may automatically be renewed for a period not to exceed one year at a time; provides that at any time during a contractual renewal period, a party to the contract who is being relocated to a hospital, nursing home, or assisted living facility may cancel the contract by giving 30 days’ written notice to the alarm systems contractor.- Amends TCA Title 62, Chapter 32.
HB 1438: Insurance, Motor Vehicles – As enacted, creates the Tennessee automobile insurance plan; requires all insurance companies licensed to write direct automobile liability policies in this state to be members of the plan. – Amends TCA Title 55, Chapter 12, Part 1.
HB 1756: Public Health – As enacted, places certain requirements on Davidson and Shelby county health departments in regard to grants for funding of family planning programs; removes the specific reference to consultation and coordination with planned parenthood affiliates in the development of family planning programs that are administered by the department. – Amends TCA Section 68-34-105.
HB 2249: Courts – As enacted, requires courts to collect to order the collection and reporting of certain information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution; clarifies that a person may not obtain a handgun carry permit if the person has been “judicially committed to a mental institution” instead of “committed to or hospitalized in a mental institution”; requires that certain notice be provided to persons detained for evaluation or treatment; revises various related provisions. – Amends TCA Title 4; Title 8; Title 16; Title 33; Title 38; Title 39; Title 40; Title 49; Title 54; Title 55 and Title 65.
HB 2282: Hospitals and Health Care Facilities – As enacted, enacts the “Critical Adult Care Home Act of 2009.” – Amends TCA Title 68, Chapter 11 and Title 56, Chapter 32.
SB 0205: Salaries and Benefits – As enacted, authorizes the state insurance committee, the local government insurance committee and the local education insurance committee to contract for, or delegate resolution of, the application of medical necessity guidelines; requires that any proposed change in the group insurance plan for public employees that would place a tobacco surcharge on employees based on specific lifestyle choices not take effect until January 1, 2011. – Amends TCA Title 8, Chapter 27.
SB 0618: Divorce, Annulment and Alimony – As enacted, requires that any final decree of divorce and marital dissolution agreement contain a notice concerning creditors. – Amends TCA Title 36, Chapter 4.
SB 0651: Private Protective Services – As enacted, requires licensees to submit specified information to certain local law enforcement agencies and requires local law enforcement agencies to notify commissioner of known violations of private protective services laws. – Amends TCA Title 62, Chapter 35.
SB 0693: Insurance, Health, Accident – As enacted, enacts the “Preferred Provider Organization Transparency Act.” – Amends TCA Title 56.
SB 0774: Pharmacy, Pharmacists – As enacted, imposes a methodology and disclosure duties on health insurance entities and pharmacy benefits managers concerning calculation of out-of-pocket costs for prescription drugs and covered services. – Amends TCA Title 56.
SB 1109: Insurance Companies, Agents, Brokers, Policies – As enacted, requires a person to obtain a license from the commissioner of commerce and insurance as a crop insurance adjuster in order to act as a crop insurance adjuster; prohibits an insurer that sells crop insurance from contracting, employing or using any person to adjust claims made under a crop insurance policy unless the person is licensed as a crop insurance adjuster; requires commissioner of commerce and insurance to establish qualifications for licensure. – Amends TCA Title 56.
SB 1201: Unemployment Compensation – As enacted, defines “misconduct” for purposes of provisions whereby if an administrator finds that a claimant for unemployment benefits has been discharged for misconduct connected with the claimant’s work, then the claimant is disqualified from collecting unemployment benefits; requires any person who receives unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the correctness of the statement or representation to repay the amount of benefits received. – Amends TCA Title 50, Chapter 7.
SB 1749: State Employees – As enacted, authorizes certain retired state employees to participate in the dental insurance plan offered to state employees. – Amends TCA Section 8-27-201.
SB 1931: Gas, Petroleum Products, Volatile Oils – As enacted, enacts the “Tennessee Renewable Fuels Blending Act of 2009.” – Amends TCA Title 47, Chapter 25.
SB 2279: Banks and Financial Institutions – As enacted, rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988 and renames the chapter as the “Tennessee Residential Lending, Brokerage and Servicing Act”; revises various provisions governing industrial loan and thrift companies and the department of financial institutions. – Amends TCA Title 45, Chapter 5, Title 45, Chapter 13, and Title 45, Chapter 1.
SB 2318: Taxes – As enacted, makes certain revisions concerning assessment and collection of sales, privilege, transfer, and privilege taxes; delays effective date of certain streamlined sales tax provisions until July 1, 2011; revises certain tax credit provisions. – Amends TCA Title 7, Title 54, Title 55, Title 67, Chapter 602 of the Public Acts of 2007, and Chapter 1106 of the Public Acts of 2008.
For more information about Tennessee General Assembly log onto www.legislature.state.tn.us

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