This week we will once again be working at killing the bill that would require restaurants and hotels to give cash back to customers who request it for gift certificates under $10. We do not expect that the bill will come out of the committee.
We are also in discussions with Senator Finney regarding SB2167, which attempts to place some additional restrictions of high alcohol content beverages. The bill is still under development and we will be meeting with Senator Finney this week to determine whether we can refine this bill to a point where we support it.
SB2176 would make it a felony to harbor illegal aliens. We, along with many other business groups, will be opposed to this bill and will be working to have it deferred this week.
A bill that we support to clarify language related to the limited license restaurants, SB 2244, will be heard in Senate State and Local Government Committee and House State and Local Government Subcommittee this week. The bill ensures that businesses will not be fined to exceeding the food sales requirements in the current statute.
The bill that attempts to ensure that hotel occupancy taxes are used for Tourism, SB 2663, will be heard in the Senate Finance Tax Subcommittee this week. This is a Hospitality Association initiated bill and we will be there to urge its passage.
?
BILLS ON CALENDAR
?
SB275 / HB370 Gift certificates of $10 or less redeemable for cash value.
Sponsors????????????????????? Sen. Andy Berke / Rep. Mike Turner
Description????????????????? Requires gift certificates with a monetary value of less than $10.00 to be redeemable in cash for its cash value.
Senate Status???????????? 02/11/2011 ? Referred to Senate Commerce, Labor & Agriculture.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of Consumer & Employee Affairs 02/08/12.
?
SB2131 / HB2310 Tennessee Small Business Sales Tax Holiday Program.
Sponsors????????????????????? Sen. Lowe Finney / Rep. Craig Fitzhugh
Description????????????????? Entitles a Tennessee small business, as specifically defined, to a tax refund not to exceed $5,000 for state and local sales and use taxes paid for non-cash purchases from retailers made during one continuous 48 hour period between January 1 to June 30, 2013. Provides rules regarding the application, receipt, and required proof to receive the small business tax refund.
Senate Status???????????? 02/02/2012 ? Set for Senate Finance Tax Subcommittee 02/07/12.
House Status????????????? 01/24/2012 ? Referred to House General Subcommittee of Finance.
?
SB2140 / HB2809 Express language required to create statutory duty or action
Sponsors????????????????????? Sen. Brian K. Kelsey / Rep. Vance Dennis
Description????????????????? Provides that no statutory private right of action or affirmative duty of care is created unless a statute contains express language creating the right or duty. Prohibits state courts, licensing boards and administrative agencies from interpreting actions or affirmative duties to exist without such express language unless based in common law and no other controlling statute exists.
Senate Status???????????? 02/02/2012 ? Set for Senate Judiciary Committee 02/07/12.
House Status????????????? 01/25/2012 ? Referred to House Judiciary.
?
SB2167 / HB2783 Regulation of certain high alcohol content beverages.
Sponsors????????????????????? Sen. Lowe Finney / Rep. Steve McDaniel
Description????????????????? Requires the alcoholic beverage commission to promulgate rules and regulations restricting the sale of high alcohol content beverages.
Senate Status???????????? 02/02/2012 ? Set for Senate State & Local Government Committee 02/07/12.
House Status????????????? 01/25/2012 ? Referred to House State & Local Government. House Government Operations will review if recommended.
?
SB2176 / HB2191 Creates felony offenses for harboring illegal aliens.
Sponsors????????????????????? Sen. Mae Beavers / Rep. Tony Shipley
Description????????????????? Creates a Class E felony offense of concealing, harboring, shielding from detection, or transporting illegal aliens in this state. Specifies that the same offense is a Class D felony if illegal drugs are also being transported. Creates other felony offenses involving concealing or transporting illegal aliens. Provides that certain property utilized in committing such offenses be subject to forfeiture.
Senate Status???????????? 01/12/2012 ? Referred to Senate Judiciary.
House Status????????????? 02/02/2012 ? Set for House Judiciary Committee 02/07/12.
?
SB2192 / HB2746 Changes references to Senate Environment in TCA.
Sponsors????????????????????? Sen. Steve Southerland / Rep. David B. Hawk
Description????????????????? Changes T.C.A. to reflect renaming of the senate environment, conservation and tourism committee as the senate energy and environment committee.
Senate Status???????????? 02/02/2012 ? Set for Senate Energy and Environment Committee 02/08/12.
House Status????????????? 02/02/2012 ? Set for House Conservation & Environment Committee 02/08/12.
?
SB2244 / HB2382 Annual renewal of outdoor advertising permits.
Sponsors????????????????????? Sen. Mark S. Norris / Rep. Gerald McCormick
Description????????????????? Specifies that if a permit for outdoor advertising has not been renewed by December 31 for the following year as required, the permit would not be considered void until the commissioner has given notice of the failure to renew either by certified mail or by personal service to the owner of the sign or occupant of the land on which the advertising structure is located. Requires the notice specify that failure to renew the permit may be remedied within 30 days by submitting a late renewal form and paying a late renewal fee of $200. Otherwise, the permit would be considered void and the outdoor advertising device would be considered unlawful and subject to removal pursuant to present law. (Part of Administration Package 2012)
Senate Status???????????? 02/02/2012 ? Set for Senate Floor 02/06/12.
House Status????????????? 02/02/2012 ? Set for House Calendar & Rules Committee 02/07/12.
?
SB2532 / HB2196 Revocation of beer permits or licenses.
Sponsors????????????????????? Sen. Ken Yager / Rep. Bob Ramsey
Description????????????????? Clarifies that the governmental entity, committee or board that issues a beer permit or license is the governmental entity to revoke or suspend such permit or license.
Senate Status???????????? 01/23/2012 ? Referred to Senate State & Local Government.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of State & Local Government 02/08/12.
?
SB2563 / HB3039 Lowers seating requirements for restaurants.
Sponsors????????????????????? Sen. Bill Ketron / Rep. Ryan A. Haynes
Description????????????????? Changes the minimum number of seats allowed in a restaurant from 75 to 40 for the purpose of selling alcoholic beverages.
Senate Status???????????? 02/02/2012 ? Set for Senate State & Local Government Committee 02/07/12.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of State & Local Government 02/08/12.
?
SB2606 / HB2655 Theft of property valued at $250,000 or more.
Sponsors????????????????????? Sen. Mae Beavers / Rep. Eric Watson
Description????????????????? Creates a Class A felony if the value of property stolen is valued at $250,000 or more. Allows state to charge multiple criminal acts committed against one or more victims as a single count if the conduct arose from a common intent.
Senate Status???????????? 01/23/2012 ? Referred to Senate Judiciary.
House Status????????????? 02/02/2012 ? Set for House Judiciary Committee 02/07/12.
?
SB2660 / HB3235 Educate and Employ Act of 2012.
Sponsors????????????????????? Sen. Mark S. Norris / Rep. Gerald McCormick
Description????????????????? Provides for a credit equal to 25 percent of the lesser of the actual amount of educational assistance paid to an employee through an employer educational assistance program or the maximum allowable amount that the employee may exclude from gross income for federal income tax purposes under Section 127 of the Internal Revenue Code. This credit will be allowed against the sum total of the employer?s franchise tax liability and the employer?s excise tax liability for each employee assisted.
Senate Status???????????? 02/02/2012 ? Set for Senate Finance Tax Subcommittee 02/07/12.
House Status????????????? 02/01/2012 ? Referred to House Government Operations.
?
SB2663 / HB3319 Hotel occupancy tax used to increase tourism.
Sponsors????????????????????? Sen. Doug Overbey / Rep. Richard Montgomery
Description????????????????? Specifies that the purposes for hotel occupancy tax, authorized by municipal ordinance, be limited to purposes which directly increase tourism within the jurisdiction from which they are collected.
Senate Status???????????? 02/02/2012 ? Set for Senate Finance Tax Subcommittee 02/07/12.
House Status????????????? 01/26/2012 ? Introduced in the House
?
SB2768 / HB2800 Catfish Place as premier type tourist resort.
Sponsors????????????????????? Sen. Tim Barnes / Rep. Phillip Johnson
Description????????????????? Authorizes Riverview Restaurant, also known as the Catfish Place under the bridge, located in Cheatham County to be licensed as a premier type tourist resort.
Senate Status???????????? 01/26/2012 ? Referred to Senate State & Local Government.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of State & Local Government 02/08/12.
?
SB2843 / HB3011 ABC may issue wholesale license to certain corporations.
Sponsors????????????????????? Sen. Ken Yager / Rep. Curry Todd
Description????????????????? Allows commission to issue wholesale license to corporation that has acquired assets of a partnership or limited liability company operating in this state for 10 years if corporation has majority of its assets in Tennessee and officers actively present at licensed premises.
Senate Status???????????? 01/26/2012 ? Referred to Senate State & Local Government.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of State & Local Government 02/08/12.
?
SB3117 / HB2903 Premier type tourist resort ? Norris Landing Marina.
Sponsors????????????????????? Sen. Ken Yager / Rep. Charles M. Sargent
Description????????????????? Authorizes Norris Landing Marina in Claiborne County to be issued a license as a premier type tourist resort.
Senate Status???????????? 02/02/2012 ? Set for Senate State & Local Government Committee 02/07/12.
House Status????????????? 01/31/2012 ? Referred to House General Subcommittee of State & Local Government.
?
SB3179 / HB3294 Limits liability of whitewater rafting companies.
Sponsors????????????????????? Sen. Mike Bell / Rep. Jeremy Faison
Description????????????????? Provides immunity from civil liability to persons who operate whitewater rafting operations for an injury to or the death of a participant resulting from the inherent risks of whitewater activities, such as water, rocks, cold and negligence on the part of the participant. In addition, this bill prohibits any person who participates in whitewater activity or any such participant?s representative from making any claim against, maintaining an action against, or recovering from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities. Requires persons who operate whitewater rafting operations to post and maintain warning signs concerning the limitation of liability that this bill provides to operators or give the warning in writing to participants. In addition, the warning must be included in all whitewater rafting service contracts made between operators and participants.
Senate Status???????????? 02/02/2012 ? Set for Senate Judiciary Committee 02/07/12.
House Status????????????? None
?
SB3333 / HB3012 Purchases by holder of nonresident seller?s permit.
Sponsors????????????????????? Sen. Bill Ketron / Rep. Curry Todd
Description????????????????? Permits a person possessing a nonresident seller?s permit for wines and alcoholic beverages that are not registered under certain circumstances or not available from a manufacturer, winery or distiller to purchase alcoholic beverages from a Tennessee licensed wholesaler for resale outside the state.
Senate Status???????????? 02/01/2012 ? Referred to Senate State & Local Government.
House Status????????????? 02/02/2012 ? Set for House General Subcommittee of State & Local Government 02/08/12.
?
SB3358 / HB3610 Assessment of license fees.
Sponsors????????????????????? Sen. Bill Ketron / Rep. Curry Todd
Description????????????????? Specifies that an applicant for a license as a limited service restaurant may rebut the presumption regarding the amount of gross sales from prepared food by including a business plan with the application which indicates the gross sales from prepared food will be higher than 20 percent. Specifies that the alcoholic beverage commission shall assess the appropriate license fee based on the projected gross sales found in the business plan. Specifies that an establishment applying for renewal of its license as a limited service restaurant is required to submit a sworn statement indicating the percentage of gross revenue for the previous year derived from food sales and the gross revenue derived from sales of alcoholic beverages. Requires the commission to make adjustments to the license fee based on the gross sales found in the sworn statement. Requires the commission to promulgate regulations based on new statutory requirements within six months of the date the act takes effect. Also requires the commission to submit the rules to the state and local government committees of the house and senate prior to their submission to the attorney general for approval. In regard to tastings held by a retail licensee, clarifies that the tastings may be held without filing notice to the alcoholic beverage commission and that no charge or fee may be assessed by the commission for a retail licensee to offer complimentary samples. Permits the commission to limit the size of each tasting to a specific ounce and the number of samples a customer may taste in any one day.
Senate Status???????????? 02/02/2012 ? Set for Senate State & Local Government Committee 02/07/12.
House Status????????????? 01/30/2012 ? Introduced in the House
If you have questions or need additional information regarding the contents of the Legislative Update for the Tennessee Hospitality Association, please?contact Greg Adkins, Dan Haskell, Matt Scanlan, or Nathan Green.
Related Stories:
Source: http://www.hometownsevier.com/current-news/2012/02/07/tnha-legislative-report/
jim caldwell portland weather jenelle evans jenelle evans jessica capshaw seattle times seattle times
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.