Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
May 29, 2003
Legislative session wraps up; Judicial Council gets new life
Legislators should be on their way home tonight, as the General Assembly wraps up business today with the bill that will set up the state's new lottery program.
Before taking on the few sticking points in the lottery legislation, however, members of the General Assembly moved through a stack of bills, including a couple of measures supported by the TBA that have significant importance to the Tennessee legal community.
The first bill (HB1520, SB1480) ensures the continued existence of the Judicial Council, an advisory body that provides legislators with a broad analysis of bills and keeps lawmakers from having to rely solely on anecdotal reports for making decisions on the administration of justice in Tennessee. The House passed the legislation 91-0 and the Senate by a vote of 32-0.
The council was up for Sunset review this term and had earlier come under fire from some legislators who hadn't liked recommendations the council had issued on their legislation. After making several changes to the way the council operates, the legislation moved out of the Government Operations committees and through both houses without trouble.
Passage of the legislation comes about because of the work of many who stepped up to champion the council and its role in providing the judicial branch a way to comment on proposed legislation. House Speaker Jimmy Naifeh, House Majority Leader Kim McMillian, House Floor Leader Rob Briley and House Speaker Pro Tem Lois Deberry brought together the parties seeking a solution. Chief Justice Frank F. Drowota and Justice William M. Barker took time from their busy schedules to meet with legislative leaders. House Judiciary Committee Chair Joe Fowlkes took the lead in championing the cause in the House, and Senate Judiciary Committee Chair Curtis Person brought to bear his considerable influence with his colleagues in the Senate. Also playing a big role were Connie Clark and Libby Sykes from the Administrative Office of the Courts.
Bill will reduce number of arrest warrants issued
Another bill on its way to the governor's desk that had TBA backing will reduce the number of arrest warrants issued. Under the bill (SB1344, HB1293), sponsored by Sen. Curtis Person, R-Memphis, and Rep. Joe Fowlkes, D-Cornersville, an arrest warrant will not be issued simply because someone goes to a courthouse with a complaint. Instead, a criminal summons will be issued unless police officers are involved or if, after examination of the affiant and the affidavit of complaint, the magistrate, judge or clerk reasonably believes that the issuance of a warrant of arrest rather than a criminal summons is necessary to prevent an immediate threat of imminent harm to a victim.
The new legislation is also expected to save the state $500,000.
Tax exemption to end, but reimbursement likely to follow
Also on the governor's desk is the omnibus budget bill, which among other things, eliminates the exemption state employees would have enjoyed from Tennessee’s $400 a year professional privilege tax. Federal employees had also been exempted from paying the fee, following a Tennessee Attorney General opinion that said the exemption also had to be applied to federal employees to pass constitutional muster.
The state is expected to reimburse its employees for the $400 tax, but federal employees will likely now have to pay. At least they'll get a little extra time to send in their checks. Department of Revenue officials say they have until June 30 to make the payment, which others have to send in by June 1.
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
