Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
March 20, 2003
Tort reform bills likely headed to committee
There was plenty of behind-the-scenes action this week in the General Assembly, but little visible progress on TBA-backed legislation.
The hot topic of tort reform and medical malpractice has generated lots of headlines and proposed legislation, but it appears that all of the bills dealing with the topic will be referred to a joint ad-hoc committee. That committee will meet after this session ends to study all the proposals dealing with caps on medical malpractice recovery, limits on attorney fees in medical malpractice actions and other bills dealing with procedural issues related to tort actions. The committee's recommendations will be presented in next year's legislative session.
One bill that did take a formal step toward approval is the process cleanup bill (SB0352, HB0751) sponsored by Sen. Joe Haynes, D-Nashville, and Rep. Frank Buck, D-Dowellton. In the House, the Judiciary Committee on Wednesday gave its approval to the bill and sent it on its way to the Calendar and Rules Committee. No date has yet been set for a full House vote. In the Senate, the bill is still awaiting consideration by the Judiciary Committee.
Another bill up for committee consideration this week, the "Real Group" insurance bill (HB0758, SB0411) was put on hold. In the House, the bill already has approval from the Commerce Committee's Industrial Impact Subcommittee and is scheduled for consideration by the full Commerce Committee this coming Tuesday.
Sponsored by Sen. Jerry Cooper, D-Morrison, Rep. Jere Hargrove, D-Cookeville, the 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 percent discount for TBA members for automobile insurance when that statutory ban is lifted. Fewer than 10 other states currently have such a ban.
Another bill which may come up for committee consideration this week is the TBA-supported bill regarding notary seals (HB 0820, SB 0353). Action on the bill had been postponed at the request of representatives from county clerks’ offices, who wanted to delay action on the bill until after hearing discussion at a meeting of county officials scheduled for early March. The bill has been referred to the Judiciary Committees in both houses of the legislature.
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Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
