SENATE DASHBOARD AMENDMENT PACKET FEBRUARY 21, 2023 - SENATE JUDICIARY COMMITTEE
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SENATE DASHBOARD
AMENDMENT PACKET
SENATE JUDICIARY COMMITTEE
FEBRUARY 21, 2023
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11. SB 0329 (001057) by *Haile(HB 0514 by *Terry)
Health Care - As introduced, changes the date, from January 1 to January 15, by which the medical cannabis
commission must submit its annual findings and recommendations to the general assembly. - Amends TCA
Title 4; Title 8; Title 38; Title 39; Title 40; Title 43; Title 50; Title 56; Title 63; Title 67; Title 68 and Title
71.
RESEARCH ANALYSIS:
Amendment #004285
The amendment adds that at least one of the three commissioners that the governor appoints to the
Medical Cannabis Commission is a patient-consumer who has been diagnosed with a qualifying
medical disease or condition.
SB 329 by Haile
CAPTION - The bill changes the date, from January 1 to January 15, by which the medical cannabis
commission must submit its annual findings and recommendations to the general assembly.
Fiscal Summary: NOT SIGNIFICANT
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SCANNED AMENDMENT
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12. SB 1104 (002974) by *Bowling(HB 1441 by *Rudder)
Health Care - As introduced, enacts the "Tennessee Medical Cannabis Act," which establishes a medical
cannabis program to be administered by the medical cannabis commission. - Amends TCA Title 4; Title 38,
Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68.
RESEARCH ANALYSIS:
SB 1104 by Bowling
The bill creates a framework to authorize access to medical cannabis on a regulated basis for patients
with qualifying medical conditions. Patients would also need to submit certification from a healthcare
provider showing proof of their qualifying condition, complete an application form and pay an
application fee, and provide proof of Tennessee residency. Patients would also be able to designate a
caregiver to assist with the purchase and use of the medical cannabis. The patient registry system
would be accessible by the Department of Agriculture and law enforcement agencies for compliance
and enforcement purposes.
The bill also creates a framework for licenses and regulates the processes for cultivating, producing,
distributing, transporting, selling, and acquiring cannabis for medical use and research. Managed
medical wellness phase 1 licenses are the first run of licenses that will be issued provisionally before
rulemaking is complete. The bill categorizes provisional managed medical wellness phase 1 licenses
as urban omni licenses and rural vertically integrated (RUVI) licenses, and each category of license
would be subject to numerous requirements. A 9% sales tax would be levied on medical cannabis
products. 5% of the total collected taxes would go to the POST Commission for drug enforcement
training, 30% would go to the Department of Agriculture for development programs and grants, 45%
would go to the medical cannabis fund, and the final 10% would go to the Department of Veterans
Services for PTSD treatment programs.
Fiscal Summary:
8 - of - 58 Senate Research Calendar Package13. SB 0378 (001792) by *Briggs(HB 0403 by *Lamberth)
Consumer Protection - As introduced, regulates the production and sale of hemp-derived cannabinoids,
including products known as delta-8 and delta-10. - Amends TCA Title 33; Title 38; Title 39, Chapter 15,
Part 4; Title 39, Chapter 17; Title 43, Chapter 27; Title 53; Title 67 and Title 68, Chapter 7.
RESEARCH ANALYSIS:
SB 378 by Briggs
The bill provides for the manufacturing and selling of products containing hemp-derived
cannabinoids after obtaining a license from the Department of Agriculture. A 5% tax would be levied
on the sale of these products, and they would also need to be labelled with safety warnings.
Manufacturers would need to contact with a third-party lab to test their products for hazardous
materials.
The manufacture or sale of these products without a license, sale or distribution of products to people
under 21, or the distribution of samples in a public area would all be a Class A misdemeanor.
The bill does not require an employer or establishment to accommodate or admit an employee or
customer to use hemp-derived cannabinoids on their property, and it also does not exempt people
from prosecution for impairment or intoxication resulting from the use of these cannabinoids.
Fiscal Summary:
Increase State Revenue
· $5,000,000/FY23-24/Hemp Fund
· $10,000,000/FY24-25 and Subsequent Years/Hemp Fund
· $1,100,000/FY23-24 and Subsequent Years/Tennessee Agriculture Regulatory Fund
Increase State Expenditures
· $157,000/FY23-24/General Fund
· $154,600/FY24-25 and Subsequent Years/General Fund
· $1,189,800/FY23-24/Hemp Fund and Tennessee Agriculture Regulatory Fund
· $1,170,600/FY24-25 and Subsequent Years/Hemp Fund and Tennessee Agriculture Regulatory
Fund
Other Fiscal Impact – The Department of Agriculture will need additional resources including, but
not limited to, employing additional staff. The extent and timing of the needed resources will be
dependent on the promulgation of rules and the growth of the program and cannot be reasonably
9 - of - 58 Senate Research Calendar Packagequantified at this time. Any additional expenditures incurred will be covered through the revenue
collected in the Hemp Fund.
10 - of - 58 Senate Research Calendar Package14. SB 0693 (001358) by *Reeves(HB 0513 by *Terry)
Controlled Substances - As introduced, changes from January 1 to January 15 the date by which the medical
cannabis commission must submit its annual findings and recommendations to the general assembly. -
Amends TCA Title 4; Title 9; Title 38; Title 39; Title 40; Title 43; Title 50; Title 53; Title 63; Title 67 and
Title 68.
RESEARCH ANALYSIS:
Amendment #004211
The amendment allows for an individual or entity registered to the Controlled Substances Act and the
Medical Marijuana and Cannabidiol Research Expansion Act to possess, manufacture, and
administer marijuana and cannabidiol for research purposes. Patients participating in a program
who are in possession of 1500 mg or less of a delta-9 THC clinical cannabis product would be exempt
from the offense of simple possession.
Fiscal Summary:
SB 693 as introduced is a caption bill.
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SCANNED AMENDMENT
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15. SB 0859 (002829) by *Reeves(HB 0982 by *Terry)
Controlled Substances - As introduced, changes the date, from January 1 to January 15, by which the medical
cannabis commission must submit its annual report to the chief clerks of the senate and the house of
representatives and the legislative librarian. - Amends TCA Title 24; Title 33; Title 39; Title 40; Title 63 and
Title 68.
RESEARCH ANALYSIS:
Amendment #003962
The amendment prevents a person’s statement made to certain healthcare providers regarding their
use or possession of marijuana for personal use from being admissible as evidence in any criminal
trial, hearing, or proceeding in which the person is a defendant. The person may waive this
prohibition if they wish the statement to be admitted as evidence.
Fiscal Summary:
SB 859 as introduced is a caption bill.
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SCANNED AMENDMENT
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16. SB 1508 (003293) by *Powers(HB 1356 by *Farmer)
Health Care - As introduced, changes the deadline for the medical cannabis commission to file its annual
report from January 1 to January 15, beginning in 2024. - Amends TCA Title 4; Title 39; Title 43; Title 63;
Title 67 and Title 68.
RESEARCH ANALYSIS:
Analysis Not Submitted_
19 - of - 58 Senate Research Calendar Package17. SB 1072 (001221) by *Yarbro(HB 0309 by *Chism)
Controlled Substances - As introduced, decriminalizes the possession of certain amounts of marijuana by
making such possession a civil violation punishable by a $25 fine or community service; makes other related
changes. - Amends TCA Title 39, Chapter 17, Part 4.
RESEARCH ANALYSIS:
SB 1072 by Yarbro
The bill decriminalizes possession of small amounts of marijuana and marijuana-derived products,
making it a civil violation punishable by a $25 fine or community service. The odor of marijuana is
also no longer enough to support a stop or search of a person or motor vehicle.
Notwithstanding any other law to the contrary, the bill also states that a person’s bail, probation, or
extended sentence cannot be revoked due to the presence of marijuana metabolites in a drug test. The
presence of these metabolites also cannot be used by a governmental entity to take adverse action
against an employee, nor can it be used to deny public assistance such as Tanf, SNAP, Medicaid, and
other welfare programs.
Fiscal Summary:
Increase State Expenditures
· $100,000/FY23-24
· $30,000/FY24-25 and Subsequent Years
Decrease State Expenditures
· $142,100/FY23-24 Incarceration
· $143,500/FY24-25 Incarceration
· $144,900/FY25-26 Incarceration
Decrease Local Expenditures
· $14,931,700/FY23-24 and Subsequent Years
20 - of - 58 Senate Research Calendar Package18. SB 1461 (000497) by *Lamar(HB 0172 by *Chism)
Health Care - As introduced, enacts the "Tennessee Medical Cannabis Act." - Amends TCA Title 4; Title 39,
Chapter 17, Part 4; Title 67 and Title 68, Chapter 7.
RESEARCH ANALYSIS:
SB 1461 by Lamar
The bill establishes a program for patients with qualifying medical conditions to apply for a registry
identification card that will permit them to use marijuana. Nonresident cardholders may also possess
and use cannabis within Tennessee. Though the bill lists out a set number of qualifying medical
conditions, a resident may petition the Department of Health to add new conditions.
Cardholders would only be able to obtain or possess 2.5 ounces of cannabis, cannabis products
containing no more that 2,000 milligrams of THC, or six cannabis plants at a time. Medical cannabis
establishments would be subject to application and regulatory requirements.
The bill does not authorize people to smoke cannabis on public transport, on school grounds, or in a
public place, or while operating a motor vehicle so long as the concentration of cannabis metabolites
is sufficient enough to cause impairment. Cannabis could also not be possessed in a correctional
facility unless the facility elects to allow a cardholder to use medical cannabis. Local governments
would be able to enact ordinances and regulations on cannabis establishments so long as they do not
conflict with this bill.
Fiscal Summary:
Increase State Revenue
· $1,715,700/FY23-24/General Fund
· $16,293,500/FY24-25/General Fund
· $23,308,700/FY25-26/General Fund
· $30,474,700/FY26-27 and Subsequent Years/General Fund
· $300/FY23-24/Secretary of State
· $200/FY24-25 and Subsequent Years/Secretary of State
· $18,600/FY23-24/TBI
· $9,300/FY24-25 and Subsequent Years/TBI
Increase State Expenditures
· $1,495,100/FY23-24/General Fund
21 - of - 58 Senate Research Calendar Package· $1,4673,500/FY24-25 and Subsequent Years/General Fund
· $12,000/FY23-24/TBI
· $6,000/FY24-25 and Subsequent Years/TBI
Decrease State Expenditures
· $71,100/FY23-24/Incarceration
· $143,500/FY24-25/Incarceration
· $144,900/FY25-26 and Subsequent Years/Incarceration
Increase Local Revenue
· $5,108,400/FY24-25
· $7,662,500/FY25-26
· $10,662,500/FY26-27 and Subsequent Years
Decrease Local Expenditures
· $10,525,800/FY23-24
· $21,051,600/FY24-25 and Subsequent Years
Other Fiscal Impact
To the extent that Medical Cannabis Establishments will claim tax deductions equal to all ordinary
and necessary expenses incurred, and reduce state revenue is unknown and cannot be determined
with reasonable certainty. The Department of Health will need additional resources including, but not
limited to, employing additional staff. The extent and timing of the needed resources will be
dependent on the promulgation of rules and the growth of the program and cannot be reasonably
quantified at this time. Any additional expenditures incurred will be covered through the revenue
collected in the General Fund.
22 - of - 58 Senate Research Calendar Package19. SB 0419 (001856) by *Haile, Walley (HB 0557 by *Littleton)
Evidence - As introduced, expands the admissibility of a forensic interview to include statements made by a
child under 18 years of age rather than under 13 years of age; expands admissible forensic interviews from
statements made by a child describing sexual contact performed with or on the child by another to statements
describing sexual, abusive, or violent contact performed with or on the child by another or performed by a
person with or on another and witnessed by the child; makes other changes relevant to forensic interviews. -
Amends TCA Title 24, Chapter 7 and Title 37.
RESEARCH ANALYSIS:
Amendment #003924
The amendment outlines several factors that a video recording of a forensic interview of a minor must
meet to be admissible. It outlines that a court must make a statement on the reasoning behind the
acceptance or denial of a recording, and also clarifies these recordings are not public records.
Fiscal Summary: NOT SIGNIFICANT
SB 419 by Haile
The bill expands the admissibility of video recordings of forensic interviews which contain statements
by children. Current law requires that the children be under 13 years of age, and the bill extends this
to children under 18 years of age. The bill also expands the law to cover statements on sexual, abusive,
and violent acts, rather than just sexual acts.
Recordings are clarified to be admissible at any stage of a criminal or juvenile court proceeding. A
new qualification for admissibility of evidence – that the interviewer has been supervised by an
experienced forensic interviewer for at least 20 interviews – is added to the existing list of
qualifications.
Fiscal Summary: NOT SIGNIFICANT
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SCANNED AMENDMENT
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SCANNED FISCAL MEMO
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20. SB 1004 (002153) by *Yager(HB 0450 by *Lamberth)
Expunction - As introduced, allows a defendant or defendant's counsel, in addition to a judge or district
attorney general, to request a certificate from the Tennessee bureau of investigation relative to a defendant's
eligibility for pretrial diversion. - Amends TCA Title 38, Chapter 6, Part 1 and Title 40.
RESEARCH ANALYSIS:
SB 1004 by Yager
The bill allows for a defendant and defendant’s counsel to request a certificate from the Tennessee
Bureau of Investigation relative to a defendant's eligibility for pretrial diversion, clarifies who the
bureau certifies the results of such search with, and that any requests made by such individuals will
be maintained as confidential.
Fiscal Summary: NOT SIGNIFICANT
30 - of - 58 Senate Research Calendar Package21. SB 0610 (000278) by *Walley(HB 0589 by *Gant)
Children's Services, Dept. of - As introduced, adds district attorneys general to those the department must
release confidential information to upon presentation of an appropriate court order. - Amends TCA Title 10
and Title 37.
RESEARCH ANALYSIS:
SB 610 by Walley
The bill allows district attorney generals to request the release of information from the Department of
Children’s Services upon presentation of a appropriate court order.
Fiscal Summary: NOT SIGNIFICANT
31 - of - 58 Senate Research Calendar Package22. SB 0874 (000894) by *Akbari(HB 0540 by *Harris)
Naming and Designating - As introduced, names the educational facility located on the campus of the John S.
Wilder youth development center "The Barbara Ward Cooper Education Center." - Amends TCA Title 37,
Chapter 5.
RESEARCH ANALYSIS:
SB 874 by Akbari
This bill names the educational facility located on the campus of the John S. Wilder Youth
Development Center "The Barbara Ward Cooper Education Center."
Fiscal Summary: NOT SIGNIFICANT
32 - of - 58 Senate Research Calendar Package23. SB 0944 (001292) by *Oliver(HB 0987 by *Beck)
Judges and Chancellors - As introduced, requires the board of judicial conduct to provide a complainant with
a copy of the hearing panel's findings and judgment and the board's formal finding of fact and opinion and
any sanction imposed; allows a complainant to appeal the board's decision to the Tennessee supreme court. -
Amends TCA Title 17.
RESEARCH ANALYSIS:
SB 944 by Oliver
This bill requires the Board of Judicial Conduct to notify and provide a copy of the hearing panel's
findings and judgment, the board's formal findings of fact and opinion, and any sanction imposed, to
the complainant by mail. This bill allows a complainant to appeal the board's decision to the
Tennessee Supreme Court, subject to the same rules and requirements as an aggrieved judge.
Fiscal Summary: NOT SIGNIFICANT
33 - of - 58 Senate Research Calendar Package24. SB 0442 (001664) by *Lowe(HB 0535 by *Cochran)
Criminal Offenses - As introduced, allows the surviving parent or guardian of a child whose parent was a
victim of vehicular homicide to convert a restitution order for child maintenance payments to a civil judgment
at any time rather than following conclusion of the defendant's sentence. - Amends TCA Title 39; Title 40
and Title 55.
RESEARCH ANALYSIS:
Amendment #003205
The amendment makes the act known as “Dillard’s Law.”
SB 442 by Lowe
The bill allows for a parent or guardian who is awarded child maintenance restitutions to convert
such restitution to a civil judgement at any time by properly filing the restitution order with the
appropriate civil court.
The bill also allows for maintenance payments to be ordered even if a parent or guardian received a
judgement in a civil suit before the payments were ordered, provided that the total amount of the
maintenance payments is offset by the amount of damages received in a civil suit. This same offset
applies if the civil suit is brought after payments are ordered.
Fiscal Summary: NOT SIGNIFICANT
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SCANNED AMENDMENT
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25. SB 1350 (000472) by *Lowe(HB 1264 by *Hawk)
County Officers - As introduced, requires as a qualification for office that a constable be certified by a
qualified healthcare provider as being free from any mental impairment that would affect the constable's
ability to perform an essential function of the job with or without reasonable accommodation; requires a
constable with law enforcement powers to successfully complete a training program that is equivalent to or
superior to the training or continuing training required for a law enforcement officer under standards
established by the peace officer standards and training commission. - Amends TCA Title 8, Chapter 10; Title
38 and Title 39.
RESEARCH ANALYSIS:
Amendment #004240
The amendment includes additional training programs that would satisfy a constable’s annual course
time requirements.
Fiscal Summary:
Increase State Revenue – $661,500/FY23-24 and Subsequent Years
Increase Local Revenue – $661,500/FY23-24 and Subsequent Years
Other Fiscal Impact – There is a potential increase in state expenditures incurred by the Department
of Commerce and Insurance up to $207,900 per year resulting from subsidies provided to a constable
attending a Tennessee Law Enforcement Training Academy.
SB 1350 by Lowe
This bill adds to the requirements in order to qualify for an election or appointment to the office of
constable. A person must have been certified by a Tennessee licensed healthcare provider qualified in
the psychiatric or psychological field as being free from any impairment as set forth in the current
edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric
Association at the time of the examination. It also requires a constable with law enforcement powers
to complete a training program within 12 months of being elected or appointed that is equivalent to or
superior to the training and continuing training required for a law enforcement officer under the
standards established by the POST Commission.
Fiscal Summary:
· Increase State Revenue – $661,500/FY23-24 and Subsequent Years
· Increase Local Revenue – $661,500/FY23-24 and Subsequent Years
38 - of - 58 Senate Research Calendar Package· Other Fiscal Impact – There is a potential increase in state expenditures incurred by the
Department of Commerce and Insurance up to $207,900 per year resulting from subsidies
provided to a constable attending a Tennessee Law Enforcement Training Academy.
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SCANNED AMENDMENT
41 - of - 58 Senate Research Calendar PackageSCANNED FISCAL MEMO
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26. SB 0447 (002359) by *Lowe(HB 0619 by *Travis)
Children's Services, Dept. of - As introduced, requires the department to notify the committing court within a
certain period of time of the proposed discharge of a child committed to the custody of the department for an
indefinite time; establishes a procedure to be followed when the committing court objects to the department's
discharge of the child. - Amends TCA Title 37.
RESEARCH ANALYSIS:
SB 447 by Lowe
This bill requires the Department of Children’s Services to notify a committing court at least fifteen-
days (15) prior to the proposed discharge date of a delinquent child. This bill also establishes a
procedure to be followed when a committing court objects to the department’s proposed discharge of
a child.
Fiscal Summary:
· Increase State Expenditures – $574,800/FY23-24 and Subsequent Years
· Increase Federal Expenditures – $385,200/FY23-24 and Subsequent Years
44 - of - 58 Senate Research Calendar Package27. SB 0393 (002054) by *Lamar(HB 1149 by *White)
Expunction - As introduced, requires a court to issue an order of expunction after a person completes the
sentence imposed for any misdemeanor or Class D or E felony that was nonviolent and was not a sexual
offense. - Amends TCA Title 39 and Title 40.
RESEARCH ANALYSIS:
Amendment #004189
This amendment reduces the length of time an eligible petitioner must wait before being able to
petition for expunging of their record for misdemeanors, Class E, D, and C felonies. It also restores
much of the code language deleted by the original bill.
Fiscal Summary: Other Fiscal Impact – This legislation will result in an increase in local revenue by
an unknown amount in FY23-24 and will return to current amounts in FY24-25 and subsequent
years.
SB 393 by Lamar
This bill requires the court to expunge the record of people convicted of a misdemeanor, Class D or E
felony that was nonviolent and was not a sexual offense. These expunctions would be without cost to
the person and automatic. This bill also removes the definition of eligible petitioner for certain
provisions of expunction laws.
Fiscal Summary:
· Increase State Expenditures – Exceeds $3,290,200/FY23-24
Exceeds $3,285,700/FY24-25 and Subsequent Years
· Decrease Local Revenue – $5,760,000/FY23-24 and Subsequent Years
· Increase Local Expenditures – Exceeds $5,225,000/FY23-24 and Subsequent Years*
· Other Fiscal Impact – Passage of the proposed legislation could jeopardize Federal Highway
Administration funds to the Tennessee Department of Transportation’s Highway Fund.
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SCANNED AMENDMENT
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SCANNED FISCAL MEMO
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28. SB 1223 (000920) by *White(HB 1008 by *Grills)
Criminal Offenses - As introduced, specifies that a course of conduct for purposes of stalking includes one
instance of placing an electronic tracking device on a person or in or on a person's property, unless the
electronic tracking device is placed by or at the direction of a law enforcement officer. - Amends TCA Title
39 and Title 40.
RESEARCH ANALYSIS:
SB 1223 by White
This bill redefines the course of conduct for stalking to make one instance of placing an electronic
tracking device, without the consent of a person, on a person or in a person’s property constitute a
course of conduct for stalking offenses. This bill exempts electronic devices placed by law enforcement
in furtherance of an investigation carried out in accordance with state and federal law.
Fiscal Summary: Increase Local Expenditures – $13,800/FY23-24 and Subsequent Years*
51 - of - 58 Senate Research Calendar Package29. SR0 018 (003280) by *White
General Assembly, Review Or Ratification of Rules - Ratifies and approves the amendments and revisions to
the Tennessee Rules of Civil Procedure, as promulgated and adopted by the Supreme Court.
RESEARCH ANALYSIS:
SR 18 by White
Ratifies and approves the amendments and revisions to the Tennessee Rules of Civil Procedure, as
promulgated and adopted by the Supreme Court.
52 - of - 58 Senate Research Calendar Package30. SR0 019 (003282) by *White
General Assembly, Review Or Ratification of Rules - Ratifies and approves the amendments and revisions to
the Tennessee Rules of Criminal Procedure, as promulgated and adopted by the Supreme Court.
RESEARCH ANALYSIS:
SR 19 by White
Ratifies and approves the amendments and revisions to the Tennessee Rules of Criminal Procedure,
as promulgated and adopted by the Supreme Court.
53 - of - 58 Senate Research Calendar Package31. SB 0795 (003230) by *Gardenhire(HB 1259 by *Vital)
Real Property - As introduced, removes ambiguous language and clarifies that a transfer of a possibility of
reverter or right of entry by a holder other than the original grantor is invalid unless the validity of the future
interest was determined by a final judgment in a judicial proceeding, or by a settlement among interested
persons, prior to July 1, 2015. - Amends TCA Title 29 and Title 66.
RESEARCH ANALYSIS:
Amendment #003741
The amendment clarifies that a tenancy by the entirety in real property cannot be assigned or
severed, or a spouse’s interest in a real property conveyed, to a third party without the written
consent of both spouses or a court order.
Fiscal Summary:
SB 795 by Gardenhire
The bill clarifies that a transfer of a possibility of reverter or right of entry by a holder other than the
original grantor is invalid unless the validity of the future interest was determined by a final
judgement in a judicial proceeding or settlement prior to July 1, 2015.
Fiscal Summary: NOT SIGNIFICANT
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SCANNED AMENDMENT
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32. SB 0811 (003226) by *Gardenhire(HB 1258 by *Vital)
Probate Law - As introduced, requires a personal representative for an estate to serve a copy of each claim
filed against the estate, within five days of receipt, to any known party interested in the estate, including
creditors, distributees, and heirs. - Amends TCA Title 30.
RESEARCH ANALYSIS:
SB 811 by Gardenhire
The bill requires a personal representative for an estate to send a copy of each claim filed to any
known party interested in the estate within five days of recepit.
Fiscal Summary: NOT SIGNIFICANT
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