(Updated May 1, 2012)
These are bills that the Tennessee Bar Association has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue.
To track a bill's status between updates, visit the General Assembly's web site. There you can track each bill by its number and also find contact information on each senator and representative.
Banking & Credit - 1
| Category |
Banking & Credit |
| Sponsors |
Sen. Jim Tracy / Rep. Jon Lundberg |
| Description |
Prohibits lenders from entering into a legal funding transaction with another person. Specifies that legal funding transactions are transactions in which a person or entity provides funds to another person involved in a legal action and the person receiving the funds assigns to the person or entity the contingent right to receive a part of the proceeds or the legal action's settlement or award. Voids contracts resulting from such transactions. Specifies that a violation of this section constitutes a violation of the Consumer Protection Act of 1977. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection. |
Campaigns & Lobbying - 1
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Enacts the "Uniform Limited Convention Act." Prohibits delegates to a convention called for by Congress upon the qualifying application of two-thirds of the states from voting to consider, approve or propose any potential amendment considered or proposed by such a limited convention other than that amendment for which the limited convention was originally called to consider. Requires delegates to take an oath that they will not violate the provisions of the act. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, relative to limiting the authority of delegates to an Article V Amendment Convention. |
Commercial Law - 4
| Category |
Commercial Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Requires the federal reserve weekly average prime loan rate to be used as the standard interest rate on judgments so long as such rate does not exceed 10 percent. |
| Amendment |
HOUSE AMENDMENT 2 (01687971) deletes from subsection (c) of the amendatory language of SECTION 1 the language "category of transaction" and substituting instead the language "categories of creditors, lenders or transactions". HOUSE AMENDMENT 3 (01536966) provides that for any judgment entered between July 1 and December 31, be equal to two percent less than the formula rate per annum published by the commissioner of financial institutions for June of the same year; or for any judgment entered between January 1 and June 30, be equal to two percent less than the formula rate per annum published by the commissioner of financial institutions for December of the prior year. SENATE AMENDMENT 2 (01687271) clarifies the language in the bill regarding the present law limits on rates. Under the bill, where a judgment is based on a statute, note, contract, or other writing that fixes a rate of interest within the limits of present law for that particular "category of transaction" or claim, the judgment must bear interest at the rate so fixed. This amendment replaces the language "category of transaction" with "categories of creditors, lenders or transactions". |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
05/01/2012 - Senate appoints conference committee consisting of Senator Berke, Senator Kelsey and Senator Tracey. |
| House Status |
05/01/2012 - House adopted the conference committee report. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments. |
| Position |
Oppose |
| Comment |
TEG? NFIB? |
| Category |
Commercial Law |
| Sponsors |
Sen. Doug Overbey / Rep. Jon Lundberg |
| Description |
Brings the Uniform Commercial Code (UCC) into compliance with the model act proposed to the states by the Uniform Law Commission of the National Conference of Commissioners on Uniform State Laws (NCCUSL). Changes primarily include amendments to Article 9 regarding secured transactions. Adopts the "only-if" rule for individual debtors, which requires a financing statement to include the debtor's name exactly as it appears on his or her driver's license. Establishes guidelines for when a debtor is an organization including the requirement that, when the debtor is a registered organization or registered trust, the financing statement must include the name of the organization/trust as identified in the trust's organic records. If the trust is not a registered organization and no name is specified in its records, the financing statement must include the name of the settler or testator. Deletes extraneous information currently required on financing statements. Changes the term "correction statement" in TCA 49-9-518 to "information statement" and provides that the statement can be filed by a debtor when the debtor believes the financing statement was wrongfully filed, or by the secured party when it believes an amendment to its financing statement was not authorized. Provides greater protection for an existing secured party having a security interest in after-acquired property when the debtor relocates to another state or merges with another entity. Amends Article 1 of the Tennessee UCC to reinstate a previously enacted non-uniform section dealing with rules of construction of the entire UCC and the use of the UCC's Official Comments in disputes. The bill contains a number of technical changes and a set of transition rules. Adopts the uniform code effective date of July 1, 2013 (63 pp). |
| Amendment |
Senate amendment 2 (01396263) makes several corrections to drafting errors and reincorporates certain sections from the current law that were deleted in the original bill. Changes the effective date for the Secretary of State to make necessary changes to rules and forms for the implementation of this act to "upon becoming law" and keeps the effective date of July 1, 2013, for all other purposes. |
| Senate Status |
03/15/2012 - Senate passed with amendment 2. |
| House Status |
03/19/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0708 effective April 11, 2012. (33 pages) |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 1; Title 47, Chapter 2; Title 47, Chapter 2A and Title 47, Chapter 9, relative to the Uniform Commercial Code. |
| Category |
Commercial Law |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Makes extensive revisions to Tennessee Business Corporation Act. Updates provisions for electronic documents, transmissions and signatures, including standards for notice and receipt of documents. Addresses the issuance of options and other equity consideration. Establishes procedures for taking action, including election of directors, by written consent of shareholders rather than shareholders meeting. Creates procedures for conducing shareholders meeting. Establishes effective time for resignation of a director. Removes requirement that every corporation shall have a president and a secretary. Creates detailed standards and procedures regarding conflicting interest transactions. Limits shareholder lawsuits for conflicting interest transactions if certain procedures were followed. Rewrites chapter on merger, share exchange and entity conversion, including merger of parent and subsidiary, abandonment of merger and effect of merger. (65 pp.) |
| Amendment |
HOUSE AMENDMENT 1 (01412563) makes various technical changes to the original bill. Amends the notice requirement to allow notices to be mailed to a principal office or registered agent mailing address such as a post office box if the US Postal Service does not deliver mail to a business entity's principal office or registered agent's street address. Revises the Tennessee Business Corporation Act to conform to the Model Business Corporation Act. Permits a Tennessee corporation to merge or convert into any other entity organized under the Tennessee business entity laws or another state's business entity laws, and establishes a filing fee of $100 for the Articles of Conversion. Changes the notice period to shareholders for short-form "cash out" merger of a 90 percent subsidiary from one month before the merger to 10 days following the merger. Eliminates the current requirement that a corporation have a president and/or secretary. Gives directors the right to inspect records already possessed by shareholders. Eliminates the requirement of an annual shareholders' meeting if the corporation elects its directors by written consent. Clarifies the authority of a board to delegate to officers the authority to make grants of shares, stock options and warrants to corporate employees; however, prohibits such delegated officer from awarding himself or herself any such shares, options, or warrants. Creates uniform standards for identifying "conflict transactions" between a corporation and its officers or directors and the decision-making process for the board and shareholders in treating them. HOUSE AMENDMENT 2 (01677763) clarifies that a related person includes a domestic or foreign business or nonprofit corporation (other than the corporation or an entity controlled by the corporation) of which the director or officer is a director, "but only with respect to a transaction or proposed transaction to which the corporation and the other business or nonprofit corporation are parties or proposed parties and that is a transaction or proposed transaction that is or should be considered by the board of directors of the corporation". Deletes "outside the presence of and" within the sentence, "The qualified directors have deliberated and voted outside the presence of and without the participation by any other director". Senate Amendment 3 makes corrections to typographical errors. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state revenue - $14,800/FY12-13. $29,600/FY13-14 and subsequent years. Increase state expenditures - $41,200/one-time/FY12-13.
|
| Senate Status |
04/30/2012 - Senate passed with amendment 3, which makes corrections to typographical errors. |
| House Status |
05/01/2012 - House concurred in Senate amendment 3. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48, relative to the Tennessee Business Corporation Act. |
| Category |
Commercial Law |
| Sponsors |
Sen. Ophelia Ford / Rep. Karen D. Camper |
| Description |
Specifies that prejudgment interest begins to accrue on the date which service of process occurred, unless a contract provides otherwise. |
| Fiscal Note |
(Dated: February 16, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest. |
Criminal Law - 8
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Jim Coley |
| Description |
Permits victims of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. Specifies that restitution to victims of human trafficking include those items covered by the criminal injuries compensation fund as well as costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, costs of necessary transportation, temporary housing, and child care, and attorney's fees and other court-related costs such as victim advocate fees. |
| Fiscal Note |
(Dated: January 29, 2012) Not significant.
|
| Senate Status |
03/12/2012 - Senate passed. |
| House Status |
02/16/2012 - House passed. |
| Executive Status |
03/28/2012 - Enacted as Public Chapter 0613 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 3, relative to providing civil relief for victims of human trafficking. |
| Category |
Criminal Law |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Requires that on October 1, 2014, all liability action for person injuries or death that accrued prior to October 1, 2011, will be governed by the Tennessee Civil Justice Act of 2011. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death. |
| Position |
Oppose |
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Steve McDaniel |
| Description |
Removes the requirements that a judge has to have 16 hours of POST court security training and 8 hours of POST training each year to be able to carry a gun in court. Adds that a judge must keep the handgun concealed at all times. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Failed in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons during judicial proceedings. |
| Category |
Criminal Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Makes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned. |
| Fiscal Note |
(Dated: March 2, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse. |
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Barrett Rich |
| Description |
Prohibits defendants who make an appearance bond from being considered indigent for purposes of a court-appointed attorney. Broadly captioned. |
| Fiscal Note |
(Dated: March 10, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37, Chapter 1; Title 39; Title 40 and Title 55, Chapter 10, Part 4, relative to indigent defense. |
| Position |
Oppose |
| Category |
Criminal Law |
| Sponsors |
Sen. Andy Berke / Rep. Craig Fitzhugh |
| Description |
Relative to civil damage awards, noneconomic damages. Removes requirement of separately considering the vicarious liability for noneconomic damages of a defendant from the liability of an agent, employee or representative of the defendant. |
| Senate Status |
04/11/2012 - Failed in Senate Judiciary. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies. |
| Position |
Neutral |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Faulk / Rep. Jim Coley |
| Description |
Requires reciprocal disclosure of witnesses for criminal trials, which would require the defendant's attorney, or the defendant if pro se, to disclose in writing to the DA the names of the witnesses that the defendant may summon in the cause. Permits the defendant to testify regardless of whether the defendant's name has been disclosed to the DA. |
| Fiscal Note |
(Dated: February 21, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Senate Judiciary deferred to summer study. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. |
| Category |
Criminal Law |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Stewart |
| Description |
Makes various changes to the garnishment summons form to be served by the sheriff or other applicable officer. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, relative to garnishments. |
Education - 3
| Category |
Education |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Bill Dunn |
| Description |
Requires all eligible students, as specifically defined, to qualify for an annual education scholarship to attend participating nonpublic schools, and public schools within the school district the child resides. Defines students who are eligible to receive scholarships to include low income students, as specifically defined, who reside in Shelby, Davidson, Hamilton, or Knox County or who are currently enrolled in the achievement school district and who have either attended public school or received a scholarship the preceding semester, or are starting school in Tennessee for the first time. Limits the scholarship amount per student to the lesser of the participating school's annual cost for attendance or the amount received per pupil from state and local sources. Requires public schools with more eligible student applications than spaces to use a random selection process in filling available seats. Vests the state board of education with the power to promulgate rules and procedures regarding the transfer and allocation of scholarship funds, application and approval procedures for eligible students, and the eligibility of nonpublic schools. Requires participating nonpublic schools to meet specified requirements regarding health and safety, financial accountability, student progress reports to parents, and the administration of specified end-of-course or end-of-year examinations. Provides circumstances by which the department of education may bar schools from participating, such as routine failure to comply with the above requirements or the intentional misrepresentation of information. 10 Pgs. |
| Fiscal Note |
(Dated: January 4, 2012) Increase local expenditures - net impact - not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Education. |
| House Status |
02/29/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act. |
| Category |
Education |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Turner |
| Description |
Prohibits state funds from being used by an LEA to pay professional organization membership fees or dues. |
| Fiscal Note |
(Dated: January 25, 2012) Other Fiscal Impact - It is unknown if the revenue source currently used to pay LEA professional organization membership fees is being funded by state or local funding. To the extent that LEAs are using state funds to pay for membership fees to the Tennessee School Board Association or another professional organization, LEAs will either cease to be members of the organization or increase local expenditures to pay any required membership fees. State funding currently being used to pay membership fees will shift to another budget item.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Education. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 3, relative to funding of education. |
| Category |
Education |
| Sponsors |
Sen. Andy Berke / Rep. Harry Brooks |
| Description |
Gives minors the right to representation by legal counsel in proceedings alleging truancy. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state revenue - $237,300/General Fund. Increase state expenditures - exceeds $557,100/Indigent Defense Fund. Increase local revenue - $12,500.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1 and Title 49, Chapter 6, Part 30, relative to truancy. |
Estates & Trusts - 1
| Category |
Estates & Trusts |
| Sponsors |
Sen. Mae Beavers / Rep. Gary Odom |
| Description |
Specifies rights of respondent in petition for appointment of a conservator. |
| Amendment |
Senate amendment 1 (01580966) rewrites the bill. Grants the court discretion in charging the costs of the proceedings against the respondent's property when a fiduciary is appointed. Requires the petition for the appointment of a conservator to contain a statement of any felony or misdemeanor convictions of the petitioner and proposed conservator. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships. |
| Position |
Oppose |
Family Law - 15
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. G.A. Hardaway |
| Description |
Deletes language in current law stating that a court may modify a decree of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice. |
| Fiscal Note |
(Dated: January 24, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces. |
| Category |
Family Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Specifies that it would be grounds to initiate the termination of parental or guardianship rights if the child has been placed outside of the care, custody, or control of the child's parent or guardian by a court order for six months and the parent or guardian knows or should know of the court-ordered placement, yet fails to resolve the existing conditions that prevent the child's safe placement with the parent or guardian. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
04/03/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/04/2012 - Taken off notice in House Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights. |
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. G.A. Hardaway |
| Description |
Allows judges to order mediation for two people who are seeking orders of protections against each other. |
| Amendment |
House amendment 1 (01348871) specifies that if parties involved with an order of protection case have a child, it is not a violation for the respondent to share visitation with that child as long as their behavior is appropriate. |
| Fiscal Note |
(Dated: January 27, 2012) Not significant.
|
| Senate Status |
04/25/2012 - Re-referred to Senate Calendar Committee. |
| House Status |
04/27/2012 - Failed in House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6, relative to orders of protection. |
| Category |
Family Law |
| Sponsors |
Sen. Randy McNally / Rep. Eric Watson |
| Description |
Requires that a parent ordered to pay medical bills or expenses for a child must do so within 30 days of a court order or have visitation rights suspended until the bills are paid along with any costs incurred as a result of the delay. Allows payment plan with medical care provider or the other parent. Broadly captioned. |
| Amendment |
House Children & Family Affairs amendment 1 (01464166) adds the provision where a parent is in violation of subsection (a) and fails to begin payments, set up a payment plan with the other parent, or set up a payment plan with the medical care provider, the custodial parent may refuse visitation by that parent until such time as these arrangements are made. Provides this new language shall not affect the continuation of child support payments. |
| Fiscal Note |
(Dated: January 26, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
03/29/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to child medical expenses. |
| Category |
Family Law |
| Sponsors |
Sen. Mike Bell / Rep. John Forgety |
| Description |
Enacts "Luke's Law." Adds that the court is required to consider two more factors when deciding a custody arrangement: the likelihood of each parent to honor and facilitate court-approved parenting rights and whether a parent has a history of willfully denying the other parent's right to parenting time in accordance with a court order. |
| Amendment |
House amendment 1 (01247365) rewrites the bill by deleting sections 1 and 2 entirely and substituting instead the language: in determining the willingness of each parent and caregivers to facilitate and encourage a close and continuing parent-child relationship, court shall consider past history to honor and facilitate court order parenting arrangements and rights, and the court shall further consider any history of either parent or caregivers denying parenting time to either parent in violation of a court order. |
| Fiscal Note |
(Dated: January 18, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody. |
| Category |
Family Law |
| Sponsors |
Sen. Mike Bell / Rep. Jeremy Faison |
| Description |
Requires a parenting plan to list the percentage of residential time the child spends with each parent. |
| Fiscal Note |
(Dated: February 12, 2012) Increase state expenditures - $3,300/one-time.
|
| Senate Status |
01/19/2012 - Referred to Senate Judiciary. |
| House Status |
02/28/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans. |
| Category |
Family Law |
| Sponsors |
Sen. Randy McNally / Rep. John Ragan |
| Description |
Specifies that in any agreement or contract between the parents or guardian of a child and the adoptive parents that requires visitation or an open adoption, either party may enforce rights or terms under the agreement or contract except where the court finds that enforcement of those rights or terms is not in the best interest of the child. Allows adopted children who have reached the age of majority to be issued a new birth certificate with the name of the adoptive parent removed and replaced by the name of a deceased biological parent, if certain conditions are met. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to adoptions. |
| Category |
Family Law |
| Sponsors |
Sen. Tim Barnes / Rep. Curtis G. Johnson |
| Description |
Substitutes the term "active duty military service" for "active duty service in the armed forces" to be used in statutes regarding visitation rights of biological or legal relatives with a child whose parent is out of state and on active duty. Defines "armed forces" as it is to be used in the relevant statute. |
| Fiscal Note |
(Dated: January 10, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
04/04/2012 - House passed. |
| Executive Status |
04/23/2012 - Enacted as Public Chapter 0770 effective April 19, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces. |
| Category |
Family Law |
| Sponsors |
Sen. Tim Barnes / Rep. John J. Deberry Jr. |
| Description |
Specifies that training for guardians ad litem include training in early childhood, child and adolescent development |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
04/26/2012 - House passed. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-149; Section 37-2-409 and Section 37-1-129, relative to proceedings in juvenile courts. |
| Category |
Family Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Grants a relative of a child first preference in the adoption process, provided they have a substantial relationship. Broadly captioned. |
| Fiscal Note |
(Dated: March 18, 2012) Increase state expenditures - $7,585,800. Increase federal expenditures - $4,870,000.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences. |
| Category |
Family Law |
| Sponsors |
Sen. Eric Stewart / Rep. David Alexander |
| Description |
Allows a parent to file a petition to terminate the rights of the other parent or a guardian. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 39, relative to termination of one parent's parental rights. |
| Category |
Family Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Sherry Jones |
| Description |
Requires reports of physical child abuse be investigated by a child protective services investigator who is trained in investigating physical abuse or be referred to a child advocacy center. Prohibits such investigation from being performed by a probation officer previously assigned to the child. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse. |
| Category |
Family Law |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Gives a person who has been proven not to be the biological father of a minor child a civil cause of action against the child's biological father in order to recover child support actually paid, including court costs and any discretionary costs that may be allowed by the court. |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/06/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 24-7-112; Title 36, Chapter 2 and Title 36, Chapter 5, relative to recovery of child support. |
| Category |
Family Law |
| Sponsors |
Sen. Andy Berke / Rep. Craig Fitzhugh |
| Description |
States that withdrawal of or change to an automatic veto for adoption contact shall be effective immediately upon receipt of the written request by the department. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 40, relative to adoption. |
| Category |
Family Law |
| Sponsors |
Sen. Kerry Roberts / Rep. Michael Ray McDonald |
| Description |
Gives grandparents with visitation rights, who have filed a petition in opposition of child relocation, standing to petition the court for custody. Allows the court to award custody to the grandparent after consideration of various defined factors. Broadly captioned. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/27/2012 - House General Subcommittee of Children & Family Affairs referred to Committee Study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights. |
Government Organization - 11
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the advisory council on workers' compensation on June 30, 2014. |
| Amendment |
SENATE AMENDMENT 1 (01328132) adds nominating language. Replaces the present law authorization for the governor to appoint members to the advisory council on workers' compensation from lists of nominees that are submitted by specific representative governmental and professional organizations with a requirement that the governor must consult interested groups, including the organizations specified under present law, when selecting candidates for appointment to the council. This amendment authorizes the governor to consider nominees for appointment to the council that are submitted by any relevant representative group. SENATE AMENDMENT 2 (01345232) extends the advisory council on workers' compensation to June 30, 2016. |
| Fiscal Note |
(Dated: January 23, 2012) Not significant.
|
| Senate Status |
02/27/2012 - Senate passed with amendments 1 and 2. |
| House Status |
03/08/2012 - House concurred in Senate amendment 1 and 2. |
| Executive Status |
03/28/2012 - Enacted as Public Chapter 0622 effective March 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 50, Chapter 6, Part 1, relative to the advisory council on workers' compensation. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Sunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Government Operations. |
| House Status |
01/18/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Faulk / Rep. Bill W. Harmon |
| Description |
Limits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years. |
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1, relative to term limits for members of the general assembly. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Expands notice requirement for contested case hearings, from reasonable notice to 30 days notice. Prohibits appeal of order of continuance in hearings until order permitting appeal is issued. Authorizes petition for attorney's fees and costs by persons in contested case hearings. |
| Fiscal Note |
(Dated: March 8, 2012) Increase state expenditures - $9,600/one-time/FY12-13/Safety. $1,100,000/Recurring/Safety/FY12-13 and subsequent years. $96,400/Recurring/DHS/FY12-13 and subsequent years.
|
| Senate Status |
01/30/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act. |
| Category |
Government Organization |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Extends the Judicial Nominating Commission to June 30, 2013. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Extends the Tennessee Court of the Judiciary, to June 30, 2013. |
| Fiscal Note |
(Dated: March 22, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to Tennessee court of the judiciary. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Creates a special joint committee to conduct a comprehensive study of the administrative process in Tennessee, including the Uniform Administrative Procedures Act. Requires the committee to report its recommendations to the 108th general assembly no later than December 1, 2012, at which time the committee shall cease to exist. |
| Fiscal Note |
(Dated: February 15, 2012) Increase state expenditures - $1,800/each one-day meeting.
|
| Senate Status |
02/01/2012 - Referred to Senate Delayed Bills Committee. |
| House Status |
02/01/2012 - Referred to House State & Local Government. |
| Caption |
AN ACT to create a special joint committee for the purpose of conducting a comprehensive study of the administrative process in this state. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Requires all reviews of initial orders in contested case hearings to be conducted by an administrative judge within the administrative procedures division of the office of the secretary of state rather than being conducted by state agencies. |
| Fiscal Note |
(Dated: March 10, 2012) Increase state expenditures - $600/one-time/DHS. Exceeds $1,459,900/recurring. Increase state revenues - $300,000/APD. Increase federal expenditures - $600/one-time/DHS. $155,000/Recurring/DHS. $661,900/TennCare.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, relative to the Uniform Administrative Procedures Act. |
| Category |
Government Organization |
| Sponsors |
Sen. Reginald Tate / Rep. Phillip Johnson |
| Description |
Allows entertainment, food, refreshments, meals, or beverages, that are provided with an in-state event to which invitations were extended to an entire standing committee, are exempt from the prohibit gifts provision. Requires the invitation to be sent out seven days in advance and sent to the ethics commission, and that the lobbyist or employer, within 30 days following the event, report to the commission the total cost paid for the event and the per person cost. Requires the per person cost not to exceed the $50 limit required by law. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts. |
| Category |
Government Organization |
| Sponsors |
Rep. Eric Watson |
| Description |
Sunsets the judicial nominating commission on June 30, 2014. |
| Fiscal Note |
(Dated: March 5, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Rep. Eric Watson |
| Description |
Sunsets the Tennessee court of the judiciary on June 30, 2014. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the Court of the Judiciary. |
Government Regulation - 1
| Category |
Government Regulation |
| Sponsors |
Sen. Lowe Finney / Rep. James O. Naifeh |
| Description |
Allows judges to award reasonable attorneys' fees to plaintiffs who prevail on any part of a violation of open meetings law claim. |
| Fiscal Note |
(Dated: March 11, 2012) Increase State Expenditures - Exceeds $10,000. Increase Local Expenditures - Exceeds $10,000.
|
| Senate Status |
01/18/2012 - Referred to Senate State & Local Government. |
| House Status |
04/30/2012 - House General Subcommittee of Finance adjourned the subcommittee meeting without taking up this bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-44-106, relative to public meetings. |
Health Care - 1
| Category |
Health Care |
| Sponsors |
Sen. Rusty Crowe / Rep. Matthew Hill |
| Description |
Creates a duty for any person who has knowledge of another individual's threat to commit suicide to inform such threat to at least one of the following entities: law enforcement authorities, adult protective services staff or children's protective services staff, the individual's licensed mental health or health care provider, or the individual's parent, guardian or adult family member if the individual is a minor. Such duty is subject to confidentiality. |
| Fiscal Note |
(Dated: March 10, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Health & Welfare. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33 and Title 39, relative to a duty to warn in instances of threats of suicide. |
Judiciary - 57
| Category |
Judiciary |
| 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. |
| Amendment |
Senate amendment 4 (01411471) removes this bill's prohibition against court's and administrative agencies interpreting a statute to impliedly create an affirmative duty so that this bill will only apply to the court and agency created causes of action. Replaces the provisions of this bill that prohibit this bill from being construed in any way to impair the ability of a court to: (1) Create or confer a private right of action or impose an affirmative duty in the absence of a controlling statute if such action or duty is based on the common law; or (2) Impute negligence or unlawful conduct to a party based upon the party's violation of a statute. This amendment instead specifies that nothing in this bill may be construed to impair the ability of a court to: (1) Recognize a private right of action that was recognized before the effective date of this section by the courts of this state as arising under a statute, unless the statute is amended after the effective date of this section to expressly bar the private right of action; (2) Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law; (3) Utilize the doctrine of negligence per se; or (4) Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service. This amendment also prohibits any construction of this bill that would impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the uniform administrative procedures act, if such rules were duly enacted through the rulemaking authority granted to any such agency by statute. This amendment changes the effective date of this bill to July 1, 2012. |
| Fiscal Note |
(Dated: December 16, 2011) Not significant.
|
| Senate Status |
03/08/2012 - Senate passed with amendment 4. |
| House Status |
03/29/2012 - House passed. |
| Executive Status |
04/23/2012 - Enacted as Public Chapter 0759 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Vance Dennis |
| Description |
Creates new procedure to determine whether a criminal defendant is competent to stand trial or to determine the defendant's mental capacity at the time of the crime. Before ordering outpatient evaluation, the court must hear testimony on whether the defendant poses a substantial likelihood of serious harm in an outpatient situation. If likelihood exists, court shall order the defendant hospitalized for evaluation. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - net impact - $2,837,600. Increase local expenditures - $16,700.
|
| Senate Status |
01/13/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to criminal defendants believed to be incompetent to stand trial. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the Tennessee court of the judiciary on June 30, 2013. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Government Operations. |
| House Status |
01/18/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, Part 2, relative to the Tennessee court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the judicial performance evaluation commission until June 30, 2013. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed. |
| House Status |
04/18/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Removes the supreme court, circuit, criminal, and chancery court from jurisdiction to determine the constitutionality of a statue properly enacted by the general assembly. |
| Senate Status |
01/23/2012 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Requires all grand jury proceedings, except when investigative grand juries are deliberating or voting, to be recorded by tape, wire, or stenograph. Records will be sealed. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
03/01/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Specifies if the jury returns a verdict of guilty in a criminal case, the trial court does not have the authority to set aside the guilty verdict or grant a new trial because it disagrees with the jury about the weight of the evidence. |
| Fiscal Note |
(Dated: March 16, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Stacey Campfield / Rep. Vance Dennis |
| Description |
Requires a plaintiff receiving in a judgment less than 80 percent of the settlement amount offered in a lawsuit or a defendant owing a judgment more than 80 percent of the settlement amount offered in a lawsuit prior to trial to pay certain litigation expenses of the opposing party. Urges the state supreme court to expedite the hearing of appeals under $100,000. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Rusty Crowe / Rep. Dale Ford |
| Description |
Exempts court reporters aged 55 years or older who have been licensed for at least five years from continuing education credit requirements as a condition for license renewal. |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/29/2012 - Failed, for lack of a second, in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters. |
| Category |
Judiciary |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances. |
| Amendment |
House Judiciary amendment 1 (01539266) deletes all language after the enacting clause. Makes technical corrections. Authorizes the award of punitive damages in cases involving vicarious liability where the act or omission of an agent or employee is determined by special verdict based on clear and convincing evidence that the act was committed by someone employed in a management capacity and was acting within the scope of employment; the defendant was reckless in hiring, retaining, supervising, or training the agent or employee and such recklessness was the proximate cause of the injury; and the defendant authorized, ratified, or approved the act or omission with knowledge or conscious disregard for the injury. Defines "someone employed in a management capacity." |
| Fiscal Note |
(Dated: February 10, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Failed in Senate Judiciary. |
| House Status |
04/19/2012 - Taken off notice in House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Removes judicial discretion to apportion costs and permits recovery of certain litigation costs by the successful party on motions to dismiss. |
| Amendment |
HOUSE AMENDMENT 1 (01538366) rewrites the bill. Requires a judge to award costs and reasonable attorneys' fees to the prevailing party in a civil proceeding in which the court grants a motion to dismiss for failure to state a claim upon which relief may be granted. Specifies that costs include, but are not limited to, court costs, attorneys' fees, court reporter fees, interpreter fees, and guardian ad litem fees. Requires the award to be made after all appeals of the issue of the granting of the motion to dismiss are exhausted. Prohibits the court from requiring a party to pay costs in excess of $10,000 in any such single lawsuit. Establishes procedure for awarding costs in lawsuits with multiple moving parties. Exempts actions by or against the state, other governmental entities, or public officials acting in their official capacity under color of law; any claim that is dismissed by the granting of a motion to dismiss that was filed more than 60 days after the moving party received service of the complaint; any claim that the party against whom the motion to dismiss was filed withdrew or in good faith amended; pro se litigants who have not acted unreasonably in bringing or refusing to withdraw the claim; specified non-frivolous claims brought in good faith; and any claim for which relief could be granted under a law in effect at the time the motion was filed. SENATE AMENDMENT 2 (01739318) specifies that this bill will apply to causes of action arising on and after July 1, 2012. SENATE AMENDMENT 3 (01740018) replaces Senate amendment 2 and specifies that this bill will apply to causes of action filed on and after July 1, 2012. SENATE AMENDMENT 4 replaces Senate amendment 3 and specifies that this bill will apply to claims filed on and after July 1, 2012. |
| Fiscal Note |
(Dated: February 10, 2012) Not significant.
|
| Senate Status |
04/25/2012 - Senate passed with amendments 2, 3, and 4. |
| House Status |
04/27/2012 - House concurred in Senate amendments 2, 3 and 4. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Stewart |
| Description |
Authorizes an action for trespass to be brought in any court of general jurisdiction in county where trespass occurred or where the trespasser resides. Broadly captioned. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/25/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass. |
| Category |
Judiciary |
| Sponsors |
Sen. Rusty Crowe / Rep. Jon Lundberg |
| Description |
Increases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance. |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
01/25/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Terminates the court of the judiciary on July 1, 2012 and replaces it with a 16-person board of judicial conduct and changes the burden of proof to investigate a judge to probable cause that misconduct occurred from significant likelihood that it did. |
| Amendment |
SENATE AMENDMENT 1 (01258932) changes the termination date for the Tennessee board of judicial conduct to June 30, 2014. SENATE AMENDMENT 2 (01427271) deletes all language after the enacting clause. Effective July 1, 2012, dissolves the Court of the Judiciary and replaces it with the Board of Judicial Conduct. The Board will have 16 members appointed by the judicial conferences, the Speakers of the Senate and House of Representatives, and the Governor. Authorizes the non-judicial members to be members of the District Attorneys General Conference or the District Public Defenders Conference. Reduces membership terms from four to three years. Requires the Chair of the Board to appoint one member to serve as a direct liaison to the General Assembly. Requires the Board to compile and transmit to the chief clerks of the House and Senate by the 20th day of each month a report detailing the number of complaints filed and the disposition of each complaint along with a cumulative, year-to-date total. Requires the Board to compile and transmit a report by the 20th day of January, March, June, and September, detailing the number of complaints opened, closed, the disposition of complaints closed, the number of complaints pending, the number of complaints for which probable cause has been found, the number of complaints for which formal charges have been filed based on a recommendation by an investigative panel, and the nature of any complaint filed according to the enumerated categories listed in the bill as amended for the prior three month period. Requires the Chairperson of the Board to immediately provide the Speakers of the Senate and House of Representatives with the name, type of judge, judicial district, if applicable, the reason for the reprimand, and the number of previous reprimands each time a judge receives a second or subsequent public reprimand for conduct occurring during the entire period of time the person is a sitting judge; receives a second or subsequent private reprimand for conduct within the same misconduct category set out in Tenn. Code Ann. 17-5-207(b)(7) occurring during any eight-year term the person holds the office of judge; or receives a third or subsequent private reprimand for conduct within any of the misconduct categories set out in Tenn. Code Ann. 17-5-207(b)(7) during any eight-year term the person holds the office of judge. Designates as a public record the notice provided to the speakers regarding a judge who received a second or subsequent public reprimand during the entire time the person is a sitting judge. However, such notice to the Speakers of private reprimands shall remain confidential unless the General Assembly opens an investigation of such judge pursuant to Article VI, Section 6, or Article V of the Tennessee Constitution. Requires the Board to adopt, by rule, a formal records retention policy and requires annual review of such policy. Sets the termination date for the Board at June 30, 2014. |
| Fiscal Note |
(Dated: January 28, 2012) Not significant.
|
| Senate Status |
03/29/2012 - Senate passed with amendments 1 & 2. |
| House Status |
04/09/2012 - House passed. |
| Executive Status |
04/30/2012 - Enacted as Public Chapter 0819 effective April 25, 2012 |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Requires a party to a lawsuit to pay the opposing side's attorneys' fees and costs if he or she rejects a settlement offer that later turns out to be better than the verdict. Applies to a plaintiff who rejects a defendant's offer when the subsequent judgment is worth less than 75 percent of the offer. Applies to a defendant who rejects a plaintiff's offer when the subsequent judgment for the plaintiff is worth more than 125 percent of the offer. Establishes standards and deadlines for making, accepting, and withdrawing offers. |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Grants a minor the right to a guardian ad litem in a juvenile court proceeding alleging negligence or abuse. Redefines indigency to include parents' resources and willingness to pay for an attorney. Assesses administrative fee to parents. Requires reporting by court clerk. |
| Fiscal Note |
(Dated: March 6, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate passed. |
| House Status |
03/29/2012 - House passed. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-126 and Section 37-1-150, relative to representation in juvenile court. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Jim Coley |
| Description |
Includes the government operations committees of both houses in the list of committees to receive the administrative director of the courts' report on the utilization of senior justices and judges. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Requires trial courts to verify income and property of defendants seeking court-appointed counsel in non-capital criminal cases. Places burden of proof of indigency on the defendant. Establishes definition of indigency for purposes of court-appointed counsel, taking into consideration value of real property and motor vehicles, as well as ability to pay appearance bond in excess of $5,000. Creates a judgment lien in favor of state against defendants for unpaid attorney's fees and costs. Provides that willful nonpayment of the judgment is criminal contempt. Increases professional privilege tax for deposit in indigent defense fund. Requires supreme court to adopt rules concerning qualifications and appointment of private attorneys. |
| Fiscal Note |
(Dated: March 14, 2012) On March 10, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Increase state revenue - $4,269,600/Indigent Defense Fund. Increase state expenditures - $3,400,000/General Fund. Increase local expenditures - exceeds $48,000/mandatory.
Based upon additional information received from the Clerks of Court Conference, the estimated impact is:
(CORRECTED) Increase state revenue - $4,269,600/recurring/Indigent Defense Fund. Increase state expenditures - $3,200/one-time/General Fund. $5,130,600/Recurring/General Fund. Increase local expenditures - $6,581,800/recurring/mandatory.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37; Title 40, Chapter 14 and Title 67, Chapter 4, Part 17, relative to legal representation of certain indigent defendants. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Eric Watson |
| Description |
Establishes judicial selection commission as the successor to the judicial nominating commission. Requires commission to rate all candidates for a vacancy and submit all names to governor, rather than choosing the three best qualified. Requires legislative confirmation for some appointees. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Clarifies which judges are affected by campaign finance disclosure laws. Allows newly elected judges and chancellors to practice law only to wind down their practice. Changes procedures when a chancellor is incompetent to try a case. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
03/29/2012 - House passed. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0789 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 2-10-102; Section 17-2-112; Section 17-2-202; Section 17-1-105 and Section 23-3-102, relative to judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Bill Ketron / Rep. Rick Womick |
| Description |
Requires that when a court orders a defendant charged with a misdemeanor to be evaluated for insanity, the court will order the evaluation to be completed within 15 days. |
| Amendment |
House amendment 1 (01345966) deletes all language after the enacting clause. Requires a court ordered inpatient evaluation to determine the mental health capacity of an individual charged with a misdemeanor to be completed within 30 days of admission to the facility. |
| Fiscal Note |
(Dated: February 6, 2012) Increase state expenditures - net impact - $231,900. Increase local expenditures - net impact - $295,400.
|
| Senate Status |
04/26/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants. |
| Category |
Judiciary |
| Sponsors |
Sen. Andy Berke / Rep. Karen D. Camper |
| Description |
Requires that funds taken from a person who is protected by the federal Servicemembers Civil Relief Act in a default judgment be returned to that person upon a finding that the person is so protected. Broadly captioned. |
| Amendment |
Senate amendment 1 (01565666) rewrites the bill. Requires a court that wrongly grants a default decision imposing an obligation for child support from or against an eligible individual who is protected under the federal Servicemembers Civil Relief Act, 50 U.S.C. 501 et seq., to issue an order to the individual receiving funds that the funds must be returned and reimbursed. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/24/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 26; Title 27; Title 29; Title 36; Title 47 and Title 67, relative to service members protected under the federal Servicemembers Civil Relief Act. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Linda Elam |
| Description |
Increases two court fees of small estate affidavits and for opening and closing an estate by $5, and requires notice to be given of such acts to the department of revenue. Revises the deadline for a creditor to file a claim against an estate. Authorizes the disclosure of certain confidential health records to insurance companies for the purpose of permitting the company to determine whether to pay the benefits of the policy or an annuity contract. Clarifies the virtual representation doctrine under the present uniform trust code. Revises other provisions of present law regarding probate matters. |
| Amendment |
House amendment 1 (01426963) rewrites bill's provisions regarding disclosure of certain confidential health records to instead specify that in connection with a claim for death benefits payable under a life insurance policy or an annuity contract, the following persons may execute a medical records release authorization that may be required by the insurance company that issued the life insurance policy or annuity contract: (1) The personal representative of the decedent's estate, if any; (2) A beneficiary of the death benefits named in the policy or contract; or (3) A person who has filed a small estate affidavit in connection with the decedent's estate. Unless prohibited by federal law, a licensed health care provider must honor a medical records release authorization executed in accordance with this amendment. This amendment would not affect the ability of a health care provider to charge for copies of medical records in accordance with applicable present law. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 29; Title 30; Title 32; Title 33; Title 35 and Title 56, relative to probate matters. |
| Category |
Judiciary |
| Sponsors |
Sen. Tim Barnes / Rep. John J. Deberry Jr. |
| Description |
Makes various changes to expunction of court files and records in juvenile court cases. Allows unruly juveniles to petition for expunction of court files and records. Extends expunction to other scientific methods of establishing identity, such as DNA testing or retinal scans. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/11/2012 - House Judiciary recommended with amendment. Sent to House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-155; Section 37-1-153 and Section 40-32-101, relative to juvenile court records. |
| Category |
Judiciary |
| Sponsors |
Sen. Jim Tracy / Rep. Joe Carr |
| Description |
Prohibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 18; Title 20 and Title 28, relative to fees, taxes, costs and expenses owing to the courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Roy B. Herron / Rep. David Shepard |
| Description |
Allows individuals age 65 and older to decline jury duty. |
| Fiscal Note |
(Dated: February 21, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 22, relative to exemptions from jury duty. |
| Category |
Judiciary |
| Sponsors |
Sen. Lowe Finney / Rep. Mike Stewart |
| Description |
Requires the court to instruct the jury that it may consider the defendant's personal income and ability to pay when determining the amount of a fine to impose. Broadly captioned. |
| Amendment |
House Judiciary amendment 1 (01601166) deletes Section 1 of the original bill in its entirety. Authorizes a law enforcement officer, where a court order based on probable cause is required, to seek a surveillance warrant to obtain precision location information of an electronic device from an electronic communications service. Such surveillance warrant authorizes a law enforcement officer to place a mobile tracking device and receive location information of a vehicle, vessel, or item, or direct an electronic communications service to deliver information to the law enforcement officer of the global positional system location of an electronic device. Requires a surveillance warrant to be supported by a written application made under oath by a law enforcement officer and to set forth facts tending to establish probable cause of the grounds for the warrant. Prohibits the contents of information obtained from a surveillance warrant, or any evidence derived there from, from being received in evidence or otherwise disclosed in any court proceeding unless each party has been furnished a copy of the surveillance warrant and accompanying application or affidavit. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - exceeds $47,500.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/17/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Jim Coley |
| Description |
Authorizes a party to an action to file a motion for the recusal of a judge or chancellor if one or more specified reason why the judge or chancellor is incompetent is applicable. Requires the judge or chancellor to grant the motion or deny and state competence in writing within ten days; in the case of denial, the party has 24 hours to accept or reject the response. Requires judge to be automatically recused in case of party's rejection, and if accepted, the party is deemed to have consented. Prohibits a party from exercising the right of recusal more than one time per case. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $2,871,200. Increase local expenditures - exceeds $100,000.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges and chancellors. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Prohibits a member of the judicial performance evaluation commission from seeking or being appointed to an appellate judgeship for one year immediately following their service on the commission. Broadly captioned. |
| Amendment |
Senate Judiciary amendment 1 (01577771) deletes all language after the enacting clause. Effective July 1, 2012, replaces the "Judicial Nominating Commission" with the "Judicial Rating Commission." Requires the Governor to fill a vacancy, because of death, resignation, or otherwise, that occurs during the term of office of a judge of the Supreme Court, Court of Appeals, or Court of Criminal Appeals, by appointing an attorney licensed to practice in Tennessee, who is fully qualified under the Constitution and statutes of Tennessee, and whose appointment complies with applicable constitutional or statutory provisions requiring equitable allocation of judges of the affected court among the state's three Grand Divisions. Requires the Governor to promptly notify the Commission and the Speakers of the Senate and House of Representatives regarding the appointment and the appointee's qualifications for filling the vacancy. Requires the Commission, within 30 days following such notification, to review and evaluate the suitability and qualifications of the appointee. Requires all hearings, interviews, meetings, and deliberations of the Commission to be open to the public. Requires the Commission, by rule, to prescribe uniform guidelines and procedures for the Commission's review, evaluation, and rating of appointees. Requires each gubernatorial appointment to be confirmed by resolution of the Senate and of the House of Representatives. If a judge of the Supreme Court, or of an intermediate appellate court is confirmed more than 30 days prior to the date of a biennial August election for a term to begin the following September 1, such judge shall stand for retention election. If such confirmation is less than 30 days prior to the date of a biennial August election, the judge shall begin the term September 1 and shall stand for retention election at the next biennial August election. Requires the Governor to fill a vacancy, because of death, resignation, or otherwise, that occurs during the term of office of a judge of the state trial court by appointing an attorney licensed to practice in Tennessee, who is fully qualified under the Constitution and statutes of Tennessee. Requires each gubernatorial appointment to serve until the next August election recurring more than 30 days after the vacancy occurs, at which time the qualified voters of the district shall elect a candidate to fill the remainder of the unexpired term or a complete term. Effective September 1, 2015, requires each judge of a circuit, chancery, criminal, or other state trial court of record to be elected to a full eight-year term by the qualified voters of the judicial district or circuit to which the judge is to be assigned. Requires each judge of the Supreme Court or other state appellate court to be elected to a full eight-year term by the qualified voters of the entire state. Effective September 1, 2015, deletes the Judicial Rating Commission and the Judicial Performance Evaluation Commission. Specifies if Article VI, Section 3 of the Tennessee Constitution is amended at the November 2014 general election, the provisions of the bill that are effective September 1, 2015, will be repealed upon certification of the election results. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
04/05/2012 - Re-referred to Senate Calendar Committee. |
| House Status |
04/04/2012 - House General Subcommittee of Judiciary deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to the judiciary. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Provides that anyone who acts as disciplinary counsel or other position for the court of the judiciary is a state employee for purposes of being defended by attorney general against a civil suit for acts or omissions in the course of duties. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-42-103, relative to the defense of state employees. |
| Category |
Judiciary |
| Sponsors |
Sen. Bo Watson / Rep. Vince Dean |
| Description |
Requires any trial court to grant a continuance or postponement of the proceedings if an attorney is member of the judicial nominating commission and would be absent from a meeting of the commission if the continuance is not granted. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Requires the speakers of the house and senate appoint the nine members of the judicial evaluation commission since the judicial council no longer exists. |
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Debra Young Maggart |
| Description |
Allows members of judicial nominating commission to serve successive terms. Allows solicitor general and employees of attorney general's office to serve on the commission. Requires courts to grant continuance if court action conflicts with commission meeting. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate passed. |
| House Status |
04/12/2012 - House passed. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission. |
| Category |
Judiciary |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Eddie Bass |
| Description |
Requires any attorney who has admitted, claimed by affidavit, or has been found by a court to have rendered ineffective assistance of counsel in a criminal case to repay the state any funds received from the state as compensation relating to that case. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 16 and Title 40, relative to ineffective assistance of counsel. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Rick Womick |
| Description |
Requires any attorney, other than a public defender or post conviction defender, or any expert, consultant, or advisor serving indigent defendants to file a disclosure of financial interests with the ethics commission if the attorney is paid more than $500 in fees, commission, or other forms of compensation for services prior to trial, at trial, and during any appeal. Broadly captioned. |
| Fiscal Note |
(Dated: February 27, 2012) Increase state revenue - exceeds $200,000. Increase state expenditures - not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2; Title 39 and Title 40, relative to counsel for indigent defendants. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Requires supreme court justices to be directly elected by voters. Creates five districts, with each justice elected in a different district. Requires intermediate appellate judges to be elected based on six districts. |
| Fiscal Note |
(Dated: February 21, 2012) Decrease state expenditures - $32,800/Judicial Performance Evaluation Commission/FY12-13 and subsequent years. $35,800/Judicial Nominating Commission/FY12-13 and subsequent years.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
02/29/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Establishes that the judge of any court appointed, elected, or retained on or after September 1, 2012 is not required to be licensed to practice law. |
| Fiscal Note |
(Dated: March 9, 2012) Other Fiscal Impact - The direct costs associated with a non-lawyer presiding over complex legal cases are unknown. There is a substantial likelihood of a significant backlog in the court system resulting from a large number of civil and criminal cases, including capital cases, being reversed and remanded due to reversible error committed by non-lawyer judges. The specific costs associated with such a backlog cannot reasonably be quantified.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16 and Title 17, relative to the qualifications to be a judge. |
| Category |
Judiciary |
| Sponsors |
Sen. Roy B. Herron / Rep. Mike Kernell |
| Description |
Enacts the "Collaborative Law Act," which requires a collaborative law participation agreement to be memorialized in a record, signed by both parties, state the parties' intentions, describe the nature and scope of matter, identify lawyers, and contain a statement by each lawyer confirming the representation in the collaborative law process. Allows a tribunal or court to approve an agreement resulting from a collaborative process. Broadly captioned. |
| Amendment |
Senate Education amendment 1 (01446762) deletes the section of the bill which removes the requirement that each LEA appropriates the "local funds" received by the LEA to state licensed residential mental health facilities and instead only requires that the LEA appropriates the "state funds" received by the LEA. Specifies that an LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement. |
| Fiscal Note |
(Dated: February 22, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20 and Title 29, relative to resolution of disputes. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes a constitutional amendment to rewrite Article 5 Section 3 of the Tennessee Constitution to require that each Justice of the Supreme Court be appointed by the Governor and confirmed by a majority of the Senate instead of elected by the qualified voters of the state. Provides that each Judge of the Court of Appeals and Criminal Court of Appeals also be appointed by the governor and confirmed by the Senate. Sets a 60 day deadline for Senate confirmation of any Governor appointment, and requires each Judge to be licensed to practice law in the state. Sets a deadline for Senate confirmation of judicial appointments, limits appointments to fill vacancies to the current unexpired term, and provides a scheme for appointment of Supreme Court Justices to begin September 1, 2016 for staggered terms. Corrects language in Article 6 and 7 to reflect the above changes. |
| Amendment |
Senate Judiciary amendment 1 (01582266) specifies that judges of the state supreme court and those of intermediate appellate level courts will be appointed by the governor and confirmed by both chambers of the general assembly. Specifies that the legislature is expressly prohibited from appointing a commission of non-legislators to assist in the appointment and confirmation process. |
| Fiscal Note |
(Dated: January 4, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
03/27/2012 - Senate Judiciary recommended with amendment. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for appointment and confirmation of certain judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford |
| Description |
Amends Article VI, Section 3 of the constitution to provide for the election of justices of the supreme court and judges of the court of appeals and court of criminal appeals from districts to be established by the general assembly. |
| Fiscal Note |
(Dated: March 2, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Failed in Senate Finance, Ways & Means. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for the election of certain judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Proposes an amendment to Article VI, Section 5 to provide for selection of the state attorney general by means of gubernatorial appointment with legislative confirmation. Provides for a four-year term of office. |
| Amendment |
Senate amendment 1 (01647377) changes term from four years to six years. |
| Fiscal Note |
(Dated: March 16, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Failed in Senate for lack of majority. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, relative to the Attorney General and Reporter for the State. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes an amendment to Article VI, Section 3 in order to constitutionally enshrine a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. |
| Amendment |
SENATE AMENDMENT 2 (01641502) rewrites the first resolving clause of the resolution to state: Be it resolved by the Senate of the 107th General Assembly of the State of Tennessee, the House of Representatives concurring, that a majority of all the members of each house concurring, as shown by the yeas and nays entered on their journals, that it is proposed: That Article VI, Section 3, of the Constitution of Tennessee be amended by deleting the first and second sentences and by substituting instead the following: Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the sole discretion of the governor based on merit; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out sections two and three of this article. SENATE AMENDMENT 4 (01668802) rewrites the first two sentences of Article VI, Section 3 to state: Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out sections two and three of this article. |
| Fiscal Note |
(Dated: March 30, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Senate heard on Third and Final Reading, as amended. Senate adopted. |
| House Status |
04/26/2012 - House concurred. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of civil procedure. |
| Senate Status |
04/02/2012 - Sent to Senate speaker for signature. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of criminal procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of appellate procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et. seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of evidence. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of juvenile procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Mike Turner |
| Description |
Abolishes the court of judiciary on October 1, 2012. Creates court of judicial conduct consisting of 16 members with appointments to be made by supreme court, governor, bar association and each caucus of general assembly. |
| Senate Status |
None |
| House Status |
02/09/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2, relative to the composition of the court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Rep. Vance Dennis |
| Description |
Adds a new section to specify circumstances under which a pre-trial settlement offer may be made in a civil action. Allows, at any time more than 10 days before the trial begins, a party to offer such settlement. Specifies the manner and circumstances under which costs or the monetary value of disputed property may be determined by a court in the event a settlement offer is made and rejected. Makes applicable to any chancery, circuit or appellate court in this state, and clarifies that this section shall not apply to class action suits, shareholder's derivative actions, domestic relations matters, and workers' compensation cases. Broadly captioned. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
| Category |
Judiciary |
| Sponsors |
Rep. Vance Dennis |
| Description |
Proposes an amendment to Article XI, of the Constitution of Tennessee, to permit the general assembly by statute to establish limitations on damages in civil liability actions and other causes of action. |
| Fiscal Note |
(Dated: February 25, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
A RESOLUTION to propose an amendment to Article XI, of the Constitution of Tennessee, relative to limitations on damages in civil liability actions and other causes of action. |
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Proposes an amendment to Article VI, Section 3 of the state constitution in order to constitutionally enshrine a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. |
| Amendment |
House Finance amendment 1 (01669902 ) deletes the first resolving clause of the resolution. Proposes amending Article VI, Section 3, of the Tennessee Constitution to require judges of the Supreme Court or any intermediate appellate court be appointed for a full term or to fill a vacancy by and at the discretion of the Governor; be confirmed by the Legislature; and thereafter, be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within 60 calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. Authorizes the Legislature to prescribe such provisions as may be necessary to carry out sections two and three of this article. Resolves that this amendment be referred to the 108 th General Assembly and that this resolution be published in accordance with Article XI, Section 3, of the Tennessee Constitution. |
| Fiscal Note |
(Dated: March 9, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/23/2012 - The House substituted and conformed to SJR 710. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Proposes an amendment to Section 3 of Article VI of the Tennessee Constitution to unequivocally authorize the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. |
| Fiscal Note |
(Dated: March 28, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House Finance, Ways & Means. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, to authorize a system of merit-based appointments with retention elections for judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of evidence. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of juvenile procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of criminal procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of civil procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of appellate procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
Labor Law - 2
| Category |
Labor Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Restricts punitive damages for vicarious liability of an employer for an employee or agent. Allows punitive damages only when the act or omission was committed by a manager; when the employer was reckless in hiring or retaining an employee; or when the employer approved the act or omission. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability. |
| Position |
Oppose |
| Category |
Labor Law |
| Sponsors |
Sen. Mike Faulk / Rep. Eddie Bass |
| Description |
Prohibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Broadly captioned. |
| Amendment |
SENATE COMMERCE AMENDMENT 1 (01588263) rewrites the bill. Prohibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Specifies that such employees with a valid handgun permit or a Tennessee hunting license and who is at least 21 years of age may store firearms in their vehicles. Specifies that such employers shall not be held liable in any civil action damages, injuries, or death resulting from another person's actions involving a firearm or ammunition including but not limited to the theft of a firearm or ammunition from an applicant's or employee's motor vehicle on the property of the employer or the failure to require disclosure from an applicant or employee concerning a firearm or ammunition if the employer's or official's action or failure to act was due to the employer's compliance with the provisions of the bill. HOUSE CONSUMER & EMPLOYEE AFFAIRS AMENDMENT 1 (01618472) rewrites the bill. Prohibits discrimination based on an applicant's or employee's ownership, storage, transportation, or possession of a firearm that is otherwise in compliance with state and federal law. Stipulates legal remedy for a violation. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Senate Commerce, Labor & Agriculture recommended with amendment 1, as amended. |
| House Status |
04/24/2012 - House Calendar & Rules referred to summer study committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices. |
Media & Publishing - 3
| Category |
Media & Publishing |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Mike Stewart |
| Description |
Enacts the "Uniform Electronic Legal Material Act." Permits an official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record to designate the electronic record as official if the publisher complies with other sections of this law. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. |
| Fiscal Note |
(Dated: March 8, 2012) Increase state expenditures - $187,100/one-time. $103,300/Recurring.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Mark S. Norris / Rep. Debra Young Maggart |
| Description |
Increases from 90 days to 100 days the notice period that clerks must provide to the state librarian and archivist before destroying books or records, in order that such documents may be examined for historical value. |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 18. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Bill Ketron / Rep. Rick Womick |
| Description |
Requires that notices for foreclosures, land sales, transactions involving real property or other legal notices to be published online and in a local newspaper. |
| Fiscal Note |
(Dated: February 29, 2012) Increase state expenditures - exceeds $100,000. Increase local expenditures -exceeds $300,000.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice. |
Property & Housing - 1
| Category |
Property & Housing |
| Sponsors |
Sen. Mike Bell / Rep. Glen Casada |
| Description |
Revises homestead exemption to be a residence with up to one-half acre of land. Exempts the property from liens and forced sale except to pay taxes or debt secured by the property. |
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
01/26/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead. |
Public Employees - 2
| Category |
Public Employees |
| Sponsors |
Sen. Dolores R. Gresham / Rep. John Ragan |
| Description |
Extends the scope of what is protected during any unpaid leave for service in the state guard or civil air patrol to include any job-related benefit, including, but not limited to, the benefits that are protected under present law plus position and supplemental pay. Specifies that the entitlement to unpaid leave applies when service in the state guard or civil air patrol is during an emergency. |
| Amendment |
House amendment 1 (01293276) clarifies that this bill applies to employees who are members of the Tennessee army and air national guard on active state duty or the Tennessee state guard and civil air patrol. This amendment also revises the pay and other benefits that would be unaffected by the leave of absence, to specify that person would not suffer loss of time, pay not specifically related to leave of absence time, regular leave or vacation or impairment of efficiency rating. This amendment specifies that the leave provided by this bill is in addition to the leave provided under present law for reservists. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
04/04/2012 - Senate passed. |
| House Status |
03/05/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0803 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service. |
| Category |
Public Employees |
| Sponsors |
Sen. Stacey Campfield / Rep. Barrett Rich |
| Description |
Creates the office of solicitor general appointed by the general assembly for a term of four years. Specifies that the duty of the solicitor general is to defend the constitutionality and validity of all legislation of statewide applicability. Revises duties of attorney general and reporter. |
| Fiscal Note |
(Dated: March 4, 2012) Increase state expenditures - $12,000/one-time. $208,400/Recurring.
|
| Senate Status |
04/04/2012 - Senate Government Operations deferred to 04/11/12. |
| House Status |
04/11/2012 - House Judiciary Committee deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, to appoint a solicitor general. |
Public Finance - 1
| Category |
Public Finance |
| Sponsors |
Sen. Mark S. Norris / Rep. Charles M. Sargent |
| Description |
Makes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012. |
| Amendment |
HOUSE AMENDMENT 2 (01500003) is Administration Amendment – 2011- 2012 Supplemental Appropriations. (See TLS Documents for more information.) HOUSE AMENDMENT 3 (01748703) makes some changes to the financing for certain projects in amendment 2. Removes certain "local" projects from the list of approved projects. (See TLS Documents "House Appropriations Bill Finance Amd 3.") . SENATE AMENDMENT 18 (01763077) deletes Section 1, Title III-22, Line Item 32, of the printed bill in its entirety. Deletes from the 2012-2013 budget document line items regarding: Shelby Farms Park Conservancy, West Tennessee Mega-site Site Development, National Civil Rights Museum Tourist Development Department Support of National Festivals and Conventions, for making a grant to the National Council for the Traditional Arts to support the 2012 National Folk Festival in Nashville, if such festival will occur, Radnor Lake State Natural Area – Land Acquisition. Deletes Line Item 3 in Section 66, as amended. Deletes in its entirety Item 2 in Section 68, as amended. Reduces funding for the following appropriations: transition of the Lambuth campus, the state-only grant to Meharry Medical in an amount that is proportional to any reduction made by the Metropolitan Government of Nashville/Davidson County, the Ripley Center at UT Martin, the UT Martin, Parsons Center, the grant to the Metropolitan Government of Nashville/Davidson County for the construction of a sports stadium, grant funds to the Sickle Cell Foundation of Tennessee. Reduces the "$15,000,000" in Item 2 of Section 72, as amended, to "$10,000,000". Deletes the following appropriations: in the sum of $250,000 (non-recurring) to the department of education for the sole purpose of allocating such sum as grants in equal amounts to each Tennessee public television station, to be used for equipment, programs and operational expenses; the sum of $75,000 (non-recurring) to F & A for the sole purpose of making grants in the amount of $37,500 each to the Rutherford County Drug Court and the Williamson County Drug Court, to be used for operational expenses, the sum of $335,000 (non-recurring) to the Department of Environment and Conservation for the sole purpose of restoring base funding for the West Tennessee River Basin Authority major maintenance program; the sum of $800,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to Meharry Medical College, to be used in support of the Meharry HBCU Wellness Project; the sum of $100,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Nashville Drug Court Support Foundation, a non-profit corporation; the sum of $95,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the National Institute for Law and Equity; the the sum of $100,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Shelby County Drug Court under the guidance of Judge Tim Dwyer; the sum of $125,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Tennessee Association of Rescue Squads, to be used for the acquisition of underwater radar and associated costs; the sum of $15,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Tennessee Association of Rescue Squads, to be used for operational costs. Replaces funds for F & A for the sole purpose of making grants, in equal amounts, to the drug courts located in the various counties, to be used for programs, services and operational expenses to be $244,000 (non-recurring) to F & A. Adds at the end of the last sentence in Item 2, Section 47 of the printed bill: ", and shall include $2,600,000 (recurring) and $7,400,000 (non-recurring) transferred from the general fund." Adds in Section 48 of the printed bill: In the fiscal year ending June 30, 2013, the sum of $10,800,000 (nonrecurring) shall be transferred from the general fund to the TennCare Reserve." Adds at the end of Section 75: "It is the legislative intent that the appropriations to the Department of Economic and Community Development for the Film and Television Incentive Fund in Section 4, Title III-8, Item 10, and in Section 36, Item 31, of this act, are authorized to be used for projects that have been approved under TCA 67-4-2109(j), but have not yet received funding from the state, as a result of the implementation of SB 3771/HB 3839, if such bill becomes law." Adds appropriations for the public defenders offices in Davidson County and Shelby County, and requires the F & A Commissioner to study issues pertaining to implementation of the provisions of TCA 8-14-210, relative to budget increases for the public defender offices in Davidson and Shelby counties. SENATE AMENDMENT 4 (01675277) is a stripper amendment. SENATE AMENDMENT 5 (01736877) contains the same language as House amendment 2. It is Administration Amendment – 2011- 2012 Supplemental Appropriations. SENATE AMENDMENT 6 (01709477) is makes appropriations to the Department of Economic and Community Development for the Film and Television Incentive Fund. SENATE AMENDMENT 7 (01753095) deals with the Public Defender Offices in Davidson and Shelby Counties. CONFERENCE COMMITTEE REPORT rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| Senate Status |
04/30/2012 - Senate adopted conference committee report, which rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| House Status |
04/30/2012 - House adopted conference committee report, which rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2011, and July 1, 2012, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2011, and July 1, 2012. |
Taxes Business - 3
| Category |
Taxes Business |
| Sponsors |
Sen. Bill Ketron / Rep. Judd Matheny |
| Description |
Increases the privilege tax on litigation on all criminal charges from $1.00 to $4.00, effective July 1, 2012; moneys collected will be deposited to the statewide automated victim information and notification system. Broadly captioned. |
| Amendment |
Senate amendment 1 (01338771) lowers the proposed increase from $4 to $3. |
| Fiscal Note |
(Dated: February 25, 2012) On February 21, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Increase state revenue - $647,900/Victim Information and Notification System Fund.
Due to an oversight in calculating the local revenue, this impact was in error. Based on additional review, the estimated impact is:
(CORRECTED) Increase state revenue - $647,900/Victim Information and Notification System Fund. Increase local revenue - $46,900.
|
| Senate Status |
04/27/2012 - Senate passed with amendment 1 (01338771), which lowers the proposed increase from $4 to $3. |
| House Status |
04/30/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 38 and Title 67, Chapter 4, Part 6, relative to the statewide automated victim information and notification system. |
| Category |
Taxes Business |
| Sponsors |
Sen. Jim Summerville / Rep. John Ragan |
| Description |
Abolishes the recordation tax and abolishes the wetland acquisition fund, the local parks land acquisition fund, the state land acquisition fund, and the agricultural resource conservation fund, which are all funded by the recordation tax. |
| Fiscal Note |
(Dated: February 1, 2012) Decrease state revenue - $10,644,500/Wetland Acquisition Fund. $5,685,100/Local Parks Land Acquisition Fund. $4,959,400/State Lands Acquisition Fund. $4,959,400/Agricultural Resources Conservation Fund. Net impact - $90,672,500/General Fund. Decrease State Expenditures - not significant. Decrease local revenue - net impact - exceeds $1,368,000. Decrease Local Expenditures - exceeds $3,074,400.
|
| Senate Status |
02/29/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
01/26/2012 - Referred to House General Subcommittee of Conservation & Environment. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax. |
| Category |
Taxes Business |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Requires that any governmental employee, on whose behalf the government chooses to pay the professional privilege tax, use their certification or licensure in connection with their government job. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege of engaging in certain occupations. |
Taxes General - 3
| Category |
Taxes General |
| Sponsors |
Sen. Doug Overbey / Rep. Judd Matheny |
| Description |
Authorizes local governments to impose a $25 litigation privilege tax on all civil and criminal cases. Funds shall be used on technology for sharing information among law enforcement agencies. |
| Amendment |
House amendment 1 (01253666) rewrites the bill. Under present law, upon the adoption of a resolution by a 2/3 majority vote of a county legislative body, such county may levy: (1) A privilege tax of up to $25.00 per case on litigation in all civil and criminal cases for the purpose of jail or workhouse construction, reconstruction or upgrading, or to retire debt on such construction, reconstruction or upgrading or for courthouse renovation; or (2) A privilege tax of up to $25.00 per case on litigation in all civil and criminal cases to be used exclusively for court house security, in addition to the purposes described above in (1); or (3) Both of the privilege taxes described above in (1) and (2). This amendment authorizes any county that adopts either or both of the privilege taxes described above in (1) and (2) to also adopt a resolution by a 2/3 majority vote of the legislative body, to use those funds, in addition to the purposes described above, for the purpose of obtaining and maintaining software and hardware associated with collecting, receiving and maintaining records for law enforcement agencies. New or replacement systems must incorporate modern software concepts and architecture as detailed in the bill. Such use of those funds would only be effective until all expenses regarding the project have been paid, or until the debt for such project has been retired. |
| Fiscal Note |
(Dated: January 30, 2012) Increase local revenue - $1,929,800/FY12-13/permissive. $1,929,800/FY13-14/permissive. Exceeds $890,500/FY13-14/permissive. Increase local expenditures - Exceeds $4,750,000/one-time/permissive.
|
| Senate Status |
03/22/2012 - Senate passed. |
| House Status |
02/27/2012 - House passed with amendment 1. |
| Executive Status |
04/05/2012 - Enacted as Public Chapter 0659 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6, relative to revenue for certain computer related expenses of law enforcement agencies. |
| Category |
Taxes General |
| Sponsors |
Sen. Ken Yager / Rep. Steve McDaniel |
| Description |
Increases, from $1,000,000 to $5,000,000, the single allowable exemption to be applied against net estate for state inheritance taxes. Requires exemption amount to match exemption for federal estate taxes. Requires state gift tax exemption to be the same as inflation adjusted exclusion amount for federal gift taxes. |
| Fiscal Note |
(Dated: February 16, 2012) Decrease state revenue - net impact - $67,034,300. Increase local revenue - $978,300.
Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 1; Title 67, Chapter 8, Part 3 and Title 67, Chapter 8, Part 4, relative to transfer taxes. |
| Category |
Taxes General |
| Sponsors |
Rep. Cameron Sexton |
| Description |
Allows an exemption against a net estate for inheritance tax purposes in an amount that includes basic exemption amount not applied against estate of last deceased spouse. |
| Fiscal Note |
(Dated: February 7, 2012) Decrease state revenue - net impact - $8,328,300. Increase local revenue - $121,500.
|
| Senate Status |
None |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. |
Taxes Property - 2
| Category |
Taxes Property |
| Sponsors |
Sen. Mike Bell / Rep. Kevin Brooks |
| Description |
Increases homestead exemption to $50,000 regardless of marital status, age, or custody of children. Applies to cases of execution, seizure, or attachment. |
| Fiscal Note |
(Dated: March 18, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
01/26/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to homestead exemptions. |
| Category |
Taxes Property |
| Sponsors |
Sen. Mark S. Norris / Rep. Michael Harrison |
| Description |
Adds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes. |
Taxes Sales - 1
| Category |
Taxes Sales |
| Sponsors |
Rep. James O. Naifeh |
| Description |
Proposes an amendment to establish a cap on the combined rate of state and local sales and use tax. |
| Fiscal Note |
(Dated: January 28, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
A RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation. |
Tort Liability - 10
| Category |
Tort Liability |
| Sponsors |
Sen. Tim Barnes / Rep. Vance Dennis |
| Description |
Specifies that the limitations on the amount of noneconomic damages, and punitive damages imposed the "Tennessee Civil Justice Act of 2011" would not apply when the defendant's act or omission results in the defendant being convicted of a felony under the laws of any state or under federal law, and that act or omission caused the damages or injuries. |
| Amendment |
House amendment 1 (01118471) removes now outdated references to "created by HB 2008 / SB 1522 (Chapter ___ of the Public Acts of 2011)" and replaces with references to the current code. |
| Fiscal Note |
(Dated: August 5, 2011) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed. |
| House Status |
02/16/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system. |
| Position |
Support |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Bars the use of joint and several liability for allocating damages in cases where separate, independent acts of more than one tortfeasor cause an indivisible injury or cases in which the injury caused by the original tortfeasor is enhanced by a third party rendering aid. Provides that joint and several liability will remain in effect in cases involving the family purpose doctrine. Requires the trier of fact to consider all parties who contributed to the alleged injury or property damage when assessing percentages of fault, including non-parties and parties immune from suit. Provides that in cases governed by worker's compensation law a party immune from suit may not be considered by the trier of fact in allocating fault. |
| Fiscal Note |
(Dated: December 16, 2011) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 6, Part 1 and Title 29, Chapter 11, Part 1, relative to the doctrine of joint and several liability. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Provides that a landowner owes no duty of care to trespassers and is not subject to civil liability for any injury, property damage, or death suffered by a trespasser while on the landowner's land. Lists circumstances under which a landowner is subject to liability for any injury, death, or property damage suffered by a trespasser based off conditions such as age of the trespasser, intent or reasonable care of the landowner, the degree of danger of the landowner's activity, or a failure to warn. Provides a business owner will not be liable for injuries to a person on the business property caused by criminal conduct of a third party. |
| Fiscal Note |
(Dated: January 5, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Bill Ketron / Rep. Pat Marsh |
| Description |
Rewrites the statute regarding a landowner's duty of care to persons on the land for recreational purposes. Provides that a landowner has no duty of care to keep the land safe for recreational activities or warn of hazardous conditions to those granted permission to use the land without charge. Lists exceptions under which a landowner owes a duty of care to persons invited on the land for recreational activities including circumstances of gross negligence by the owner, the landowner charges or extends the invitation for commercial benefit, or an attractive nuisance is present on the land. Provides that a landowner granting permission to use land for recreational purposes does not assure the land is safe or assume responsibility for damage or injury. Exempts a landowner from any liability for death or injury caused during recreational use of the land permitted by a lessee or occupant, unless the owner has reason to know of such use and fails to make a good faith attempt to prevent it. |
| Fiscal Note |
(Dated: January 5, 2012) Not significant.
|
| Senate Status |
01/31/2012 - Senate Judiciary deferred to 02/21/2012. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and Title 70, Chapter 7, relative to recreational land use. |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Establishes that a person possessing real property owes only a limited duty of care to a trespasser. Allows possessor to use force to end a trespass or criminal offense. Holds possessor liable for injury or death to a minor trespasser from an attractive nuisance or other dangerous condition. States that the section does not create or expand any liability under current law. |
| Amendment |
Senate amendment 1 (01416071) changes the language in subsection 2 b of section 1 to "refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury; provided, however, a possessor of real property may willfully, with negligence so gross as to amount to willfully, or intentionally cause injury". |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, relative to the liability of a possessor of real property for harm to a trespasser. |
| Position |
Oppose |
| Comment |
TEG? Railroads? |
| Category |
Tort Liability |
| Sponsors |
Sen. Mike Bell / Rep. Jeremy Faison |
| Description |
Specifies that the department of intellectual and developmental disabilities may only suspend or revoke license or impose civil penalty on an entity providing mental health and developmental disability services or alcohol treatment for breaches of duty of care and not based upon vicarious liability. |
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
02/16/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 2, relative to actions against licensed providers of certain services. |
| Category |
Tort Liability |
| Sponsors |
Sen. Mike Bell |
| Description |
Requires that whitewater rafting company not be liable for an injury to or death of a participant unless the company knowingly provided faulty equipment, failed to make efforts to determine the ability of participants to engage safely in rafting, acted in gross negligence, or intentionally injured the participant. |
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 70, Chapter 7, relative to liability of landowner for recreational activities. |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
As introduced, permits health care providers to use a HIPAA release in potential medical malpractice claims to receive all medical records of the patient filing the claim from other health care providers. Authorizes the attorney of the health care provider to receive mental health and drug and alcohol abuse treatment records. Allows the attorney to interview the patient's health care providers to defend the claim. |
| Amendment |
Senate amendment 1 (01563571) rewrites the bill. Establishes that upon the filing of any "healthcare liability action," the named defendants may petition the court for a qualified protective order allowing the defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating "healthcare providers." Requires such petition to be granted under the following conditions: (1) The petition must identify the treating healthcare providers for whom the defendants seek a qualified protective order to conduct an interview. (2) The claimant may file an objection seeking to limit or prohibit the defendants' counsel from conducting the interviews, which may be granted only upon good cause. (3) The qualified protective order shall limit the dissemination of any protected health information to the litigation pending before the court. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-121, relative to medical malpractice claims. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Provides that in a health care liability action, a medical expert is limited to testimony concerning the standard of acceptable professional practice in the local community. Testimony of the regional or national standard and why it is applicable is inadmissible. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-115, relative to expert testimony. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Provides that the damages that may be awarded in a health care liability action in which liability is admitted or established are subject to the "Tennessee Civil Justice Reform Act of 2011." |
| Amendment |
House amendment 1 (01465071) rewrites the bill. Deletes all references to "medical malpractice" and replaces them with "health care liability". |
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/04/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0798 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 7-57-502; Section 8-42-101; Section 8-21-401; Section 9-8-307; Section 10-7-504; Section 28-3- 104; Section 29-26-118; Section 29-26-119; Section 29-26-120; Section 29-26-121; Section 29-26-122; Section 29-26-202; Section 29-20-310; Section 29-26-115; Section 29-26-116; Section 29-26-117; Section 37-5-314; Section 56-3-111; Section 56-30-115; Section 56-31-114; Section 56-32-110; Section 56-32-130; Section 56-54-101; Section 56-54-102; Section 56-54-103; Section 56-54-104; Section 56-54-105; Section 56-54-106; Section 56-7-1001; Section 56-7-101; Section 56- 7-115; Section 56-8-104; Section 56-13-104; Section 56-19-125; Section 56-2-201; Section 56- 27-115; Section 61-1-306; Section 62-3-121; Section 63-25-110; Section 63-27-112; Section 63-3-119; Section 63-30-111; Section 63-31-109; Section 63-4-114; Section 63-5-124; Section 63- 51-105; Section 63-51-111; Section 63-51-117; Section 63-6-214; Section 63-6-219; Section 63-6- 221; Section 63-6-234; Section 63-8-120; Section 63-9-111; Section 63-9-117; Section 63-11-215; Section 63-12-124; Section 63-13-209; Section 63-23-108; Section 68-140-311; Section 68-140- 511 and Section 68-11-223, relative to Tennessee Civil Justice Act of 2011. |
Transportation Vehicles - 2
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Changes present law by requiring that accident reports submitted by law enforcement to the department of safety must be submitted in electronic, rather than written, format. An accident report submitted by a driver of a vehicle involved in an accident will be submitted in a manner approved by the department. This bill replaces the present law requirement that the department of safety develop and provide accident report forms with a requirement that the department advise suitable persons on the method of submitting accident reports. Authorizes payment of the $4.00 accident report fee to be paid by means in addition to cash or check. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 16, 2012) Not significant.
|
| Senate Status |
02/13/2012 - Senate passed. |
| House Status |
02/13/2012 - House passed. |
| Executive Status |
03/02/2012 - Enacted as Public Chapter 0531 effective January 1, 2015. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Linda Elam |
| Description |
Requires that car dealerships not be held vicariously liable when loaning a vehicle to a customer with proof of insurance, except in the case of gross negligence. |
| Amendment |
Senate amendment 1 (00850996) removes the gross negligence exception from this bill in order to clarify that this bill does not provide immunity from negligent entrustment. |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/19/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles. |
Workers Compensation - 2
| Category |
Workers Compensation |
| Sponsors |
Sen. Reginald Tate / Rep. Antonio Parkinson |
| Description |
Provides indigent workers' comp claimant with an attorney from department if employer is represented by attorney. |
| Fiscal Note |
(Dated: February 5, 2012) Increase state revenue - $474,000/General Fund. Increase state expenditures - $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants. |
| Category |
Workers Compensation |
| Sponsors |
Rep. Antonio Parkinson |
| Description |
Requires the commissioner of labor and workforce development to appoint a department attorney to any indigent claimant in an unemployment benefit appeal upon request when an employer is represented by counsel at appeal. Provides that the employer will pay the costs of a claimant's legal representation if the claimant prevails, otherwise cost comes from the department's existing resources. Broadly captioned. |
| Fiscal Note |
(Dated: January 14, 2012) Increase state revenue - $88,500/General Fund. Increase state expenditures - $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
|
| Senate Status |
None |
| House Status |
02/09/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants. |
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