February 13, 2003
Allan F. Ramsaur
TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
This week in LegisFlash
TBA legislative package introduced in General Assembly
Drafting and introduction of the TBA legislative package for the 2003 session of the General Assembly is now complete and all five bills have been filed. In addition, the TBA is monitoring a number of other bills that will be of interest to the Tennessee legal community.
Here's a rundown of all the TBA bills and the sponsors who will be carrying them:
Sheriff’s fee on garnishments
The TBA's major initiative last year was to allow lawyers to serve with the process in General Sessions Court. This bill will address one code section that was not covered by the caption of last year's bill, and will permit the TBA to address any other issues that arise in the administration of the new provision.
Sponsors: Sen. Joe Haynes, D-Nashville, and Rep. Frank Buck, D-Dowellton
Read the bill (SB0352): http://www.legislature.state.tn.us/bills/currentga/BILL/SB0352.pdf
Electronic treatment of notary seals
The TBA is working in cooperation with the County Official’s Association in attempting to address issues created by electronic scanning of documents on which there are embossed seals. To encourage the use of rubber stamps, the bill requires that when a notary’s term ends he or she will have to renew with a rubber stamp instead of impression seal.
Sponsors: Sen. Joe Haynes, D-Nashville, and Rep. Doug Overbey, R-Maryville, and Rep. Russell Johnson, R-Loudon
Read the bill (SB0353): http://www.legislature.state.tn.us/bills/currentga/BILL/SB0353.pdf
UETA cleanup
This bill would clean up portions of the Uniform Electronic Transactions Act (UETA) passed in 2001. During last session, a change was made in the legislation to exempt certain consumer transactions from the state law and leaving them under the provisions of the federal E-Sign Act. In the final drafting of the bill, however, the amendment ended up in a footnote, instead of becoming a part of the statute. This legislation would make clear the scope of the state statute.
Sponsors: Sen. Roscoe Dixon, D-Memphis, and Rep. Craig Fitzhugh, D-Ripley
Read the bill (SB0383, HB0575): http://www.legislature.state.tn.us/bills/currentga/BILL/SB0383.pdf
Real group statute
This bill will lift the statutory ban on property and casualty carriers from offering discounts to members of professional associations. The TBA and several other professional associations have available plans that would offer, for example, a 15% discount for TBA members for automobile insurance when that statutory ban is lifted. Fewer than 10 other states currently have such a ban.
Sponsors: Sen. Jerry Cooper, D-Morrison, Rep. Jere Hargrove, D-Cookeville
Read the bill (SB0411): http://www.legislature.state.tn.us/bills/currentga/BILL/SB0411.pdf
TRPC cleanup
Following up on the adoption by the Tennessee Supreme Court of the new Tennessee Rules of Professional Conduct (TRPC), this bill would change the references from the old Code of Professional Responsibility to the newly updated Rules. In addition, this bill would delete the current statutory provisions dealing with solicitation by lawyers. Those provisions have been held unconstitutional. The Tennessee Rules of Professional Conduct do contain solicitation provisions that have withstood constitutional challenge.
Sponsors: Sen. Roy Herron, D-Dresden, Rep. Joe Fowlkes, D-Cornersville
Read the bill (HB0570, SB0735): http://www.legislature.state.tn.us/bills/currentga/BILL/HB0570.pdf
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
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