Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
April 10, 2003
Two TBA-backed bills sent to governor
Like an athlete in mid-season form, the General Assembly is quickly and efficiently moving through legislation — including several TBA-backed bills.
On Monday, the Senate voted 32-0 to pass TBA-backed legislation that could bring discounts on auto and homeowner insurance to TBA members and others. The bill (HB0758, SB0411) last week passed the House — also without a dissenting vote — so it is now on its way to the governor. It is sponsored in the House by Jere Hargrove, D-Cookeville, and Glen Casada, R-Franklin, and in the Senate by Jerry Cooper, D-Morrison, Jim Bryson, R-Franklin.
The legislation will lift a statutory ban that prevents property and casualty carriers from offering discounts to members of professional associations with more than 5,000 dues-paying members residing or practicing in at least 80 counties in Tennessee. GEICO, which provides the TBA's endorsed auto insurance program, has said that TBA members will receive a 15 percent discount on auto insurance if the prohibition is lifted.
Also on its way to the governor is a bill that cleans up portions of the service of process legislation for General Sessions courts passed last year. The bill (SB0352, HB0751) passed the Senate on Monday 32-0. It had earlier passed the House. Sponsors are Sen. Joe Haynes, D-Nashville, and Rep. Frank Buck, D-Dowellton.
Several other pieces of TBA-backed legislation also won key votes this week:
• UETA clean up — The House Commerce Committee on Tuesday gave its support for this bill (SB0383, HB0575), which will clean up portions of the Uniform Electronic Transactions Act (UETA) passed in 2001. It will now go to the full House for a vote, likely next week. Earlier it passed the Senate by a 32-0 vote.
• TRPC clean-up — The Senate Judiciary Committee didn't get to this bill (SB0735, HB0570) on Tuesday, but is scheduled to act on it this coming Tuesday. It has already passed the House. The bill will change the references from the old Code of Professional Responsibility to the newly updated Tennessee Rules of Professional Conduct. In addition, this bill will 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 prohibitions that have withstood constitutional challenge.
• Electronic treatment of notary seals — The Senate voted 31-0 on Monday to pass this legislation (SB0353, HB0820), which is an effort to address issues created by electronic scanning of documents on which there are embossed seals. In the House, the Civil Procedure and Practice Subcommittee gave its support to the bill on Wednesday, and the full Judiciary Committee is scheduled to act on it this coming Wednesday.
In other action of interest to the Tennessee legal community:
• The TBA is working with the Senate Judiciary Committee and the Department of Human Services regarding possible amendments to child support laws to deal with situations in which paternity petitions are filed many, many years after the birth of a child.
• A bill (HB0706, SB0640) that would have "encouraged" the Tennessee Supreme Court to make available all complaints filed with the Board of Professional Responsibility was taken off the agenda by the sponsor. Because public sanctions by the disciplinary board and the court are already made public, the sponsors were convinced the legislation is not necessary.
• A bill that would allow corporations to "be represented" by corporate officers in General Sessions Court was rolled until next week. The TBA continues its opposition to this measure because of its impact on judicial administration.
• Legislation setting the statute of repose for lawyer malpractice at 10 years remains in subcommittee, as the sponsor of the bill was unable to attend the session.
• Rep. Dewayne Bunch, R-Cleveland, is proposing two bills that would change foreclosure law to ensure that people who are to conduct a foreclosure actually do so. One bill would allow only licensed attorneys to do a foreclosure and a second would require certain affidavits filed by disinterested parties. The bills were rolled for a week as TBA representatives and other interested parties work with the sponsors. While sympathetic to the sponsors' intentions, the TBA has some concerns that the changes could cloud property titles.
TBA bill tracking service
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
TBA Big List
Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Watch List
Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
