SB 0262 by *Haynes

Consumer Protection - Enacts "Tennessee Truth in Music Advertising Act." - Amends TCA Title 47, Chapter 18.
SB0262 has been assigned Public Chapter Number 277 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0262Date
    Pub. Ch. 27706/06/2007
    Effective date(s) 05/30/0706/06/2007
    Signed by Governor.05/30/2007
    Transmitted to Gov. for action.05/18/2007
    Signed by H. Speaker05/17/2007
    Signed by S. Speaker05/16/2007
    Enrolled and ready for signatures05/15/2007
    S. concurred in H. am. #105/14/2007
    Placed on Sen. Message Calendar (1) cal. for 05/14/200705/10/2007
    Passed H., as am., Ayes 96, Nays 005/10/2007
    H. adopted am. no. 105/10/2007
    Subst. for comp. HB.05/10/2007
    Rcvd. from S., held on H. desk.03/21/2007
    Engrossed; ready for transmission to House03/20/2007
    Passed S., Ayes 31, Nays 003/19/2007
    Placed on Sen. Consent Calendar (2) cal. for 03/19/200703/19/2007
    Rec. For Pass. ref. to: S. Cal. Comm.03/13/2007
    Placed on S. C,L&A Comm. cal. for 3/13/200703/13/2007
    Assigned to Gen. Sub of S. C,L&A Comm.02/16/2007
    P2C, ref. to S. C,L&A Comm.02/08/2007
    Intro., P1C.02/07/2007
    Filed for intro.02/05/2007
    Actions For HB0228Date
    Comp. became Pub. Ch. 27706/06/2007
    Comp. SB subst.05/10/2007
    Sponsor(s) Added.05/10/2007
    H. Placed on Regular Calendar for 5/10/0705/02/2007
    Reset on Regular cal. for 5/10/0705/02/2007
    Held on desk.04/30/2007
    Sponsor(s) Added.04/26/2007
    H. Placed on Regular Calendar for 4/30/0704/26/2007
    Placed on cal. Calendar & Rules Committee for 04/26/200704/24/2007
    Taken off notice for cal. in Calendar and Rules04/03/2007
    Placed on cal. Calendar & Rules Committee for 04/03/200703/29/2007
    Placed on cal. Calendar & Rules Committee for 03/20/200703/20/2007
    Taken off notice for cal. in Calendar and Rules03/20/2007
    Rec. For Pass. ref. to: Calendar & Rules Committee03/06/2007
    Placed on cal. Consumer & Employees Affairs Committee for 3/6/200703/06/2007
    Placed on s/c cal Consumer Affairs of C&EA for 2/27/200702/27/2007
    Rec. for pass by s/c ref. to Consumer & Employee Affairs02/27/2007
    Assigned to s/c Consumer Affairs of C&EA02/20/2007
    P2C, ref. to Consumer & Employee Affairs02/07/2007
    Intro., P1C.02/05/2007
    Filed for intro.02/01/2007
  • No amendments for SB0262.
    AmendmentsFiscal Memos
    HA0393Amendment 1- to HB0228 

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill makes it a violation of the Tennessee Consumer Protection Act for a person to advertise or conduct a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. However, this prohibition would not apply if:

    (1) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office;

    (2) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

    (3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute;

    (4) The advertising does not relate to a live musical performance or production taking place in this state; or

    (5) The performance or production is expressly authorized by the performing group.

    A violation of the Consumer Protection Act is a Class B misdemeanor, and the violator is subject to civil sanctions, including treble damages.

    ON MAY 10, 2007, THE HOUSE SUBSTITUTED SENATE BILL 262 FOR HOUSE BILL 228, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 262, AS AMENDED.

    AMENDMENT #1 adds a requirement that the name of the vocal or instrumental group not be so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public in order for a vocal or instrumental group to be exempt from this bill's prohibition against misleading advertising by identifying the performance as a salute or tribute in all advertising and promotion.

    This amendment authorizes the division of consumer affairs in the department of commerce and insurance to assess a civil penalty of $5,000 to $15,000 for each violation of this bill, which penalty would be supplemental and cumulative to any other available civil or criminal penalties.



  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB0228

    SB0262 by Haynes - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/10/2007
    Passed
              Ayes...............................................96
              Noes................................................0

              Representatives voting aye were: Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Campfield, Casada, Casada, Cobb C, Cobb J, Coleman, Coley, Cooper B, Crider, Curtiss, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Fitzhugh, Floyd, Fraley, Gilmore, Gresham, Hackworth, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Hensley, Hill, Hood, Johnson C, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller L, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Overbey, Pinion, Pitts, Pruitt, Rinks, Roach, Rowe, Rowland, Sargent, Shaw, Shepard, Sontany, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Wilder M, Williams, Windle, Winningham, Yokley, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams -- 96.

              HB0228 by Moore - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar (1) 4/26/2007
              Voice Vote - Ayes Prevail

              HB0228 by Moore - HOUSE CONSUMER AND HUMAN RESOURCES COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 3/6/2007
              Voice Vote - Ayes Prevail

              HB0228 by Moore - HOUSE CONSUMER AND HUMAN RESOURCES SUBCOMMITTEE:
    Recommended for passage - refer to: Consumer & Employees Affairs Committee 2/27/2007
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0262 by Haynes - FLOOR VOTE: CONCUR IN HOUSE AMEND# 1 5/14/2007
    Passed
              Ayes...............................................29
              Noes................................................0

              Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield, Finney L, Finney R., Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita, Kyle, McNally, Norris, Ramsey, Southerland, Stanley, Tracy, Watson, Wilder, Williams, Woodson, Mr. Speaker McNally, Mr. Speaker Ramsey, Mr. Speaker Wilder -- 29.

    SB0262 by Haynes - FLOOR VOTE: MOTION TO ADOPT 3/19/2007
    Passed
              Ayes...............................................31
              Noes................................................0

              Senators voting aye were: Beavers, Black, Bunch, Burchett, Burks, Crowe, Crutchfield, Finney L, Finney R., Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita, Kyle, Marrero B, McNally, Norris, Ramsey, Southerland, Stanley, Tate, Tracy, Watson, Wilder, Williams, Woodson, Mr. Speaker McNally, Mr. Speaker Ramsey, Mr. Speaker Wilder -- 31.

    SB0262 by Haynes - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 3/13/2007
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Beavers, Bunch, Burchett, Burks, Crutchfield, Southerland, Stanley, Tate -- 8.