Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
May 1, 2003
Final TBA bills win passage as session winds down
The three remaining pieces of TBA-backed legislation still in the General Assembly won final votes this week and all are on their way to the governor for signatures.
The bills — the UETA clean-up bill, the TRPC clean-up bill and the electronic treatment of notary seals bill — join two other bills already approved by the legislature. Those bills this week were signed by the governor and have been assigned public chapter numbers.
The first bill, which cleans up one section of the service of process reform bill passed by the legislature last session (HB0751, SB0352), has been enacted as Public Chapter 53, effective April 23.
The second bill, which allows insurers to make preferences or distinctions in insurance coverage, rates, premiums, benefits or conditions based on membership in a professional association (HB0758, SB0411), has been enacted as Public Chapter 54, effective April 23. A broader version of this bill also came up for consideration in a House committee this week, but was put off until next year. This will give the Insurance Department a chance to see how the concept functions for the TBA and other associations affected by the legislation that was approved earlier this session.
That bill was just one of many dispatched this week as the committees wind down their work. The Judiciary Committee in the House will hold its last session next week and its Civil Practice and Procedure Subcommittee has already completed its last session. In the Senate, the Judiciary Committee has not set a closing date and still has a number of bills to deal with. In both houses, the Commerce committees will likely meet for the last time next week.
Because the session is nearing an end, rules are sometimes suspended. This makes it crucial to keep an eye on all bills coming through, to make sure no amendments or laws are passed without proper consideration.
Here are a few issues that came up this week:
TENNESSEE JUDICIAL COUNCIL: Legislation that would permit the continuation of the Tennessee Judicial Council ran into some trouble this week in the House Government Operations Committee. The bill (HB1520, SB1480) received no positive votes, three negative votes and five passes when it was being considered. TBA legislative counsel Steve Cobb says the council is coming under fire because some representatives are upset with the recommendations the council has made on their bills.
TBA Executive Director Allan Ramsaur says the council and its recommendations are valuable because they provide legislators with broad analysis of bills and keep lawmakers from having to rely solely on anecdotal reports for making decisions on the administration of justice in Tennessee.
Ramsaur says he is still hopeful that the bills will pass and the council will remain in operation. The bills' sponsors recognize the situation and are allowing difficulties to be worked out, Cobb says.
ARREST WARRANTS: Another bill supported by the TBA, (SB1344, HB1293) passed out of the Senate Judiciary Committee this week and has been referred to the Senate Finance Ways and Means Committee for review. The goal of the bill, which is sponsored by Sen. Curtis Person, R-Memphis, and Rep. Joe Fowlkes, D-Cornersville, is to reduce the number of arrest warrants that don't really need to be issued, based on the facts of the case or circumstances.
Under the proposal, an arrest warrant would not be issued simply because someone went to a courthouse with a complaint. Instead, a criminal summons would be issued unless police officers are involved. An arrest warrant could also still be issued if an order of protection was allegedly violated.
The bill, which has the support of the Tennessee District Attorneys General Conference and the Tennessee District Public Defenders Conference, is scheduled for hearing by the House Judiciary Committee this week.
REPRESENTATION IN GENERAL SERVICES COURT: A bill that would allow corporations to "be represented" by corporate officers in General Sessions Court has been deferred indefinitely. However, a non-binding resolution (HJR0445) has been introduced by Rep. Randy Rinks, D-Savannah, that would ask the Supreme Court to consider a rule change to allow this type of representation.
PROBATE LAW: The TBA has been asked to review a probate law bill (SB1849, HB1797) that would alter the rights of the personal representative of a spouse of a deceased testator. That review will be ongoing, as consideration of the bill has been put off until next year.
FORECLOSURE POSTINGS: Action on a bill that would have required posting foreclosure notices on an Internet site for 20 days before a foreclosure has been postponed until next year. The TBA is grateful to sponsors for giving additional time to study the bill. While the idea of posting foreclosure notices on an Internet is not bad, the requirement of posting on certain commercial sites could have proven expensive and of limited utility.
UNIFORM HEALTH CARE DECISIONS ACT: Also delayed until next year was action on the Uniform Health Care Decisions Act (SB1045, HB0868). TBA members who are experts in this field provided comments to the sponsors, who took those concerns very seriously and agreed to work further on the bill. The TBA appreciates the cooperation of the sponsors, Sen. David Fowler, R-Signal Mountain, and Rep. David Davis, R-Johnson City.
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
