Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
April 17, 2003
Few hurdles left for TBA-backed bills
With most pieces of TBA-backed legislation well on their way to passage, more attention is being shifted to a number of bills that are of interest to the Tennessee legal community as the legislature begins winding down the session.
Of the five major bills backed by the TBA this session, two are already on the governor's desk awaiting signature. The other three have all won committee support in both houses and have been passed by the full body in one chamber or the other. Votes in the other chamber should come in the next week or two.
That's good news, because legislators are starting to make plans for shutting down the session. Unlike the past few years when budget and tax deadlocks have pushed the session well into the summer months, the only remaining major issues to be settled revolve around the lottery and some budget questions. The Senate Commerce Committee hopes to hold its last meeting next week, and the House Judiciary Committee is planning to hold its last meeting May 7.
One bill that has already won a Senate vote, the electronic treatment of notary seals bill, won support from the House Judiciary Committee Wednesday and will likely go to the full House for a vote next week. The bill (SB0353, HB0820), addresses issues created by electronic scanning of documents on which there are embossed seals. Also awaiting a House vote is the UETA bill (SB0383, HB0575) that cleans up portions of the Uniform Electronic Transactions Act passed in 2001. It has already passed the Senate.
The Tennessee Rules of Professional Conduct clean-up bill (SB0735, HB0570) has already passed the House and on Tuesday won support from the Senate Judiciary Committee. It will likely go before the full Senate for a vote next week.
Other legislation of interest
• The TBA legislative staff is closely watching a bill (SB1766, HB1898) that would only allow certified law enforcement officers or other individuals licensed through the Secretary of State to serve process. The bill, sponsored by Rep. Frank Buck, D-Dowellton, and Sen. Tim Burchett, R-Knoxville, would undo much of the work done in last year's service of process reform bill backed by the TBA.
The bill requires a $200 license fee with $100 annual renewal fee, and would treat violation of this as a class C misdemeanor. Because the bill requires that the licensed process servers derive their primary income from the service of process, it would seem to eliminate attorneys from being able to do this task.
The TBA will not support any retreat from last year's reforms permitting service of process by lawyers in General Services matters.
• A number of bills dealing with workers compensation cases that would restrict attorney fees also are still floating around the General Assembly. There was no action on them this week, and the TBA continues to watch to make sure that remains the case.
• A bill that would allow corporations to "be represented" by corporate officers in General Sessions Court was taken off notice this week. The bill is not completely dead, but it is in a subcommittee that is supposed to have its last session next week. The TBA continues its opposition to this measure because of its impact on judicial administration and constitutional concerns on whether the legislature can make rules telling a judge who can appear in his or her court.
• Three bills dealing with real estate closings and foreclosures have been deferred until next year by the House sponsor, Rep. Dwayne Bunch, R-Cleveland, so that the TBA Real Estate Section can consider solutions to the problems the bills intend to address. Those bills are SB0974 and HB1935, SB0975 and HB1936, and SB0977 and HB1937.
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
