Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
May 8, 2003
Legislative session almost over, but some work remains
Time is running short for this General Assembly session and a few key pieces of legislation are still in limbo.
Bills that permit the continuation of the Tennessee Judicial Council are among those that are still hung up in committee. The legislation (HB1520, SB1480) is necessary because the council is up for Sunset review, a process that would put it out of business if no new enabling legislation is passed (after a one-year winding-down period).
The TBA supports continuation of the council, which TBA Executive Director Allan Ramsaur says provides valuable recommendations to legislators, offering broad analysis of bills and keeping lawmakers from having to rely solely on anecdotal reports for making decisions on the administration of justice in Tennessee.
TBA legislative counsel Steve Cobb says that the agency has faced some opposition because its advice on legislation has sometimes run counter to the efforts of some legislators. Right now, that's kept the bill from winning passage in the House Government Operations Committee. In the Senate, the Government Operations Committee could take up the bill next week.
Progress is taking place on another piece of legislation supported by the TBA. This bill (SB1344, HB1293) would reduce the number of arrest warrants that don't really need to be issued, based on the facts of the case or circumstances. Sponsored by Sen. Curtis Person, R-Memphis, and Rep. Joe Fowlkes, D-Cornersville, the bill passed out of the House Judiciary Committee on Wednesday and now goes to the Finance Ways and Means Committee for review. It has already won Judiciary Committee support in the Senate and is also in the Finance Ways and Means Committee in that house.
Under the bill, an arrest warrant would not be issued simply because a citizen went to a courthouse with a complaint. Instead, a criminal summons would be issued unless law enforcement officers are involved. An arrest warrant could also still be issued in domestic violence cases if the magistrate found an imminent threat of harm.
The bill also has the support of the Tennessee District Attorneys General Conference and the Tennessee District Public Defenders Conference.
Professional privilege tax may be back on the table
The exemption from Tennessee’s $400 a year professional privilege tax enjoyed by state and federal employees may be coming to an end. Sources in the General Assembly say that a plan to remove the exemption is being seriously considered. An auditor in the Department of Revenue says that she’s been told that the change will be made and that statements will be going out soon, with fees due by June 1.
State employees may still escape having to pay the fee out of their own pockets, sources say. When passed as part of last year's tax plan, the law just exempted state employees from the tax. A Tennessee Attorney General opinion, however, said that the exemption also had to be applied to federal employees to pass constitutional muster.
So, if the state removes the exemption, but allots money to reimburse state employees for the tax, it would accomplish the same objective as the original legislation.
Legislative counsel Steve Cobb said that there are a number of bills that are still alive that could be vehicles to accomplish this action.
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
