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| BANKING & CREDIT |
SB 0203
HB 0021*
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Tennessee Predatory Lending Prevention Act. Seeks to protect consumers from predatory lending practices used in subprime markets. (S: Dixon; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0495*
HB 0933
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Fraudulent business practice in use of bank's logo. Prohibits unauthorized use of financial institution logo or name. Prevents false representations of financial institution's endorsement of products and services in advertising or solicitation. Makes such acts Class B misdemeanor and violation of Unfair Competition Act. Offense is violation of general contractor and home improvement contractor law. (S: Norris; H: Hargrove) Senate amendment 1 deletes the section of the bill which
prohibits general contractors from making deceptive representations in any advertisement or solicitation for services that such services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary. The deleted section also prohibits the use of the name or logo of any bank, savings and loan association, savings bank or subsidiary or affiliate, without the express written consent of the person whose name is used.
Senate Status: Senate 03/10/2003 passed with amendment.
House Status: House passed 04/07/2003.
Other Status: Enacted as Public Chapter 0031 (effective 04/17/2003).
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Link to PDF
Fiscal Note PDF
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SB 0496*
HB 0931
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Bank's disclosure of information. Revises bank's present authority for disclosure of customer information in regard to suspected illegal activity to allow disclosure where financial institution believes information may be relevant, but does not imply obligation on the part of the bank. Furthermore, disclosure of information does not subject bank to liability with regard to disclosure or failure to notify customer of disclosure. (S: Clabough; H: Hagood) House amendment 1 permits any
financial institution to notify government authority of information relevant to possible violation of any statute or regulation. Provides such institution or agent not be liable to any person under law or regulation for disclosure or for any failure to disclose information.
Senate Status: Senate passed 04/24/2003.
House Status: House 04/24/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0098 (effective 05/07/2003).
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Link to PDF
Fiscal Note PDF
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SB 0613
HB 0742*
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Payee-initiated demand drafts clarified. Distinguishes differences between demand drafts and other types of checks. Designates payee-initiated demand drafts as a draft that is not signed by a customer and is created by a third party under the purported authority of the customer for the purpose of charging the customer's account with a bank. Revises standard for making claim on lost instruments. Clarifies statutory definition of "banking day" to mean only days on which Federal Reserve
processes checks. (S: Trail; H: Fitzhugh)
Senate Status: Senate passed 04/07/2003.
House Status: House passed 04/14/2003.
Other Status: Enacted as Public Chapter 0062 (effective 05/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 0614
HB 0597*
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Uniform Fraudulent Transfer Act. Declares that a transfer made or obligation incurred by a debtor is fraudulent toward the creditor, if the debtor made the transfer or incurred obligation with actual intent to hinder, delay, or defraud any creditor or debtor. Adds that a cause of action with respect to a fraudulent transfer or obligation is extinguished unless action is brought within four years after the transfer was made or the obligation was incurred or, if later, within one year
after the transfer or obligation was or reasonably could have been discovered by the claimant. (S: Trail; H: Coleman) Senate amendment 1 changes the statute of limitations for fraudulent transfers as to present creditors from 1 year to 4 years after the transfer was made or the obligation was incurred.
Senate Status: Senate 04/07/2003 passed with amendment.
House Status: House passed 04/10/2003.
Other Status: Enacted as Public Chapter 0042 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 0659
HB 0745*
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Banks permitted to sell insurance agency services. Deletes insurance anti-affiliation provisions relative to state banks. (S: Cooper J.; H: Fitzhugh)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0661*
HB 1068
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Restriction on check cashing charges. Deletes provision for bank to pay all checks drawn at par and make no charge for payment of such checks. (S: Cooper J.; H: Hargrove)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0662*
HB 1066
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Modifies certain banking powers and practices. Prolongs the period of time for disposing of repossessed personal property to one year from six months. Deletes the restriction on check cashing charges. Eliminates safe deposit box notice requirement. Reduces period of time for acquiring de novo bank to three years from five years. (S: Cooper J.; H: Hargrove) Senate amendment 1 deletes the provision prolonging the period of time for disposing of repossessed personal property to one year from
six months. Senate amendment 2 reduces to three years from five years the period of time a bank must be in operation in order to merge with another bank.
Senate Status: Senate 03/27/2003 passed with amendments 1 and 2.
House Status: House passed 04/07/2003.
Other Status: Enacted as Public Chapter 0032 (effective 04/17/2003).
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Link to PDF
Fiscal Note PDF
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SB 0844*
HB 1920
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Rebuttable presumption in bankruptcy cases. Establishes a rebuttable presumption that debtor is acting in bad faith if debtor obtains loan or any other advance of money or any other property within 90 days of filing a bankruptcy petition. (S: Jackson; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0904*
HB 1395
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Credit cards - revisions in owner's liability. Reduces for person who exhibits reasonable care of credit card use the liability limitation to $75 from $100 for failure to notify credit card issuer of unauthorized credit card use. Removes liability of gross negligence from the list of offenses for which a credit card holder will not be relieved. (S: Clabough; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 0906
HB 0932*
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Banks allowed to organize as limited liability companies. Allows state-chartered banks or savings banks to be organized or re-organized as limited liability companies. Includes language stating that such banks are to be considered incorporated for Tennessee law purposes and therefore eligible for deposit insurance under the Federal Deposit Insurance Act, as long as such banks satisfy all the traditional attributes of a corporation. Permits department of financial institutions to prescribe
and regulate form and application procedure for such entities. (S: Clabough; H: Shepard)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1776
HB 1180*
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Bankruptcy - federal program benefits exempted. Protects federal program benefits from execution, seizure or attachment in bankruptcy action. (S: Fowler; H: Vincent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1799
HB 1720*
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Tennessee Fair Lending Act. Declares a lender shall not encourage a borrower to default on an existing debt prior to and in connection with the closing of a covered home loan that refinances all or any portion of such existing loan or debt. Prohibits terms for higher interest rate of covered home loan after default. Excludes certain variable rate loans. Requires every person who is a lender, unless already under certain regulations, to register with Tennessee department of financial
institutions. Obligates lenders to take owner's ability to pay into account before making covered home loans. Prohibits lender from refinancing a loan within one year of extending credit unless certain factors show that the loan is in the borrower's best interest. Requires lender disclose through a notice to borrower the specific rights and obligations of the borrower regarding a home equity loan. Prohibits counties, municipalities, and other political subdivisions from enacting, issuing, and
enforcing ordinances, resolutions, regulations, orders, proposal or bid requests pertaining to financial, depository, or lending activities under certain jurisdictions. (12 pp.) (S: Clabough; H: Curtiss)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce.
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Link to PDF
Fiscal Note PDF
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SB 1852
HB 1756*
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Mortgage closings must be held in office of lender or agent. Requires mortgage closings for all loans for residential real property to be held in office of lender or agent of lender. (S: Herron; H: Maddox)
Senate Status: Senate Commerce, Labor & Agriculture deferred to call of the chair.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
Fiscal Note PDF
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SB 1853
HB 1757*
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Prepayment penalty period for home improvement loans. Restricts period for prepayment penalty for home improvements to owner-occupied residence where residence is collateral for loan to no longer than 24 months after date of consummation of loan of $100,000 or less. (S: Herron; H: Maddox) House Civil Practice Subcommittee amendment 1 includes assignee liability language that provides a safe harbor from catastrophic liability for loan purchasers agreeing not to purchase high cost loans.
Incorporates yield spread premiums into the definition of points and fees. Includes a reasonable solution for calculating points and fees on open ended loans in order to limit abuse. House Civil Practice Subcommittee amendment 2 exempts motor homes and manufactured homes from the provisions of the bill.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 01/01/2004.
House Status: House Judiciary deferred to February 2004.
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Link to PDF
Fiscal Note PDF
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SB 1891
HB 1832*
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Debtor interest in motor vehicle ends at repossession. Ends debtors interest in motor vehicle at time of repossession by the creditor or a third party acting on behalf of the creditor. (S: Ramsey; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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HB 1859*
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Collection agencies barred from blocking caller ID. Prohibits collection service or collection service licensee from conducting any collection service by telephone if the collection service or collection service licensee is using telephone equipment which blocks the caller ID function of the number dialed so that the telephone number of the caller is not displayed on the telephone. (H: Kernell)
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
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| CAMPAIGNS & LOBBYING |
SB 0634*
HB 1257
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Internet-based electronic filing system for candidates. Requires registry of election finance to create an internet-based electronic filing system for use by all candidates for state public office. Also requires registry to provide public access to list of campaign contributions made to candidates through internet. (S: Kurita; H: McMillan) House amendment 1 rewrites section 2 of the bill to change the fee structure for the electronic filing system. Requires multi-candidate PACs to pay a
registration fee of $150 no later than 60 days after the effective date of this act, pay $150 again no later than 1/3/2004 and $75 by January 31 of each year thereafter. Increases the lobbyists registration fee from $25 per client to $100 per lobbyist each year. Earmarks revenues to fund the electronic filing system. House amendment 2 requires disclosure of both contributions and expenditures by the registry. Senate amendment 1 rewrites section 2 of the bill to change the fee structure for the
electronic filing system. Requires multi-candidate PACs to pay a registration fee of $150 no later than 60 days after the effective date of this act, pay $150 again no later than 1/3/2004 and $75 by January 31 of each year thereafter. Increases the lobbyists registration fee from $25 per client to $100 per lobbyist each year. Earmarks revenues to fund the electronic filing system. Exempts all PACs associated with a political party from the registration fee. Senate amendment 4 requires the
registry of election finance to create and post on the web a list of volunteer lobbyists.
Senate Status: Senate 05/28/2003 passed with amendments 1 and 4. Senate amendment 1 rewrites section 2 of the bill to change the fee structure for the electronic filing system. Requires multi-candidate PACs to pay a registration fee of $150 no later than 60 days after the effective date of this act, pay $150 again no later than 1/3/2004 and $75 by January 31 of each year thereafter. Increases the lobbyists registration fee from $25 per client to $100 per lobbyist each year. Earmarks
revenues to fund the electronic filing system. Exempts all PACs associated with a political party from the registration fee. Senate amendment 4 requires the registry of election finance to create and post on the web a list of volunteer lobbyists.
House Status: Set for House message calendar 05/29/2003.
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Link to PDF
Fiscal Note PDF
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SB 0854*
HB 1218
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Lobbyists file quarterly reports. Requires lobbyists to file a quarterly report instead of an annual report with the registry of election finance of activities during the quarter. (S: Fowler; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House State Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0922*
HB 1828
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Registration requirements for lobbyists. Allows filing of statement rather than annual document of authority for each client if lobbyist's clients remain unchanged. (S: Cohen; H: Jones U.)
Senate Status: Senate passed 05/21/2003.
House Status: Referred to House State Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0925
HB 0857*
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Affirmation of campaign finance disclosures. Allows campaign financial disclosure statements to be submitted without being affirmed by a notary. (S: Crutchfield; H: Brown)
Senate Status: Taken off notice in Senate State & Local Government Committee.
House Status: House State & Local Elections Subcommittee deferred to 2004.
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Link to PDF
Fiscal Note PDF
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SB 1092
HB 0957*
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Disclosure statement of elected officials. Requires elected officials to specifically name in disclosure statement all firms or organizations in which such official has investments. (S: Fowler; H: Hargett) House amendment 1 requires that all interests or investments of $1,000 or more be listed on disclosure statements. House amendment 2 increases the value of the investments that are required to be disclosed to $10,000 from $1,000 and to five percent from one percent.
Senate Status: Senate passed 05/19/2003.
House Status: House 05/05/2003 passed with amendments 1 and 2.
Other Status: Sent to governor 05/19/2003.
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Link to PDF
Fiscal Note PDF
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SB 1094
HB 0958*
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Disclosure requirements revised. Revises disclosure and reporting requirements for candidates, committees and lobbyists. Requires candidate for state office to make reasonable effort to include on their report of campaign contributors the occupation and employer of each individual contributor. Written request to contributor will qualify as reasonable. Requires disclosure of interest paid on campaign funds through June 30 for primary elections and September 30 for general elections.
Requires lobbyists in their annual disclosure to include a list of expenditures made collectively on behalf of each of these groups: executive department officials, legislators, candidates for state office, and families of these groups. Disclosure shall be for expenditures not including political contributions. (S: Fowler; H: Hargett)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House State & Local Government Elections Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1095
HB 0959*
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Campaign financial reports on internet. Requires the registry of election finance to provide full public access to campaign financial reports over internet as soon as technically feasible. Clarifies that reports containing campaign contributions are not to contain addresses of contributors. (S: Fowler; H: Hargett)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House Elections Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1157*
HB 1377
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Reporting requirements for lobbyists. Directs lobbyists to disclose client fees and list of work performed for each client in supplemental reports. Expands maximum civil penalty to $1,000 from $750 for late reports filed. (S: Norris; H: Stanley)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Referred to House Local Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1193
HB 1205*
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Making campaign disclosure information available online. Requires registry of election finance to make contribution and expenditure information from disclosure statements available online by means that are searchable, viewable and accessible in read-only format through internet. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate State & Local Government Committee.
House Status: Taken off notice in House State & Local Government Elections Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1662
HB 0650*
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Ethics reform - contracts over $2,000. Requires members of general assembly to disclose certain information on consulting contracts in excess of $2,000 to the registry of election finance. Information to include name and address of the client, the amount of the fee, the date and a description of the service provided. (S: Person; H: Stanley)
Senate Status: Taken off notice in Senate State & Local Government Committee.
House Status: Taken off notice in House State Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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HB 0653*
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Lobbyists to disclose fees received from clients. Requires lobbyists to disclose the amount of fees received and list of work performed for each client in the annual registration form and supplemental reports. Increases the maximum civil penalty for filing late reports to $1,000 from $700. (H: Stanley)
House Status: Referred to House State Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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SJR 0019
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Constitutional amendment - Elected Attorney General. Proposes an amendment to Article VI, Section 5, of the Constitution of Tennessee, to provide for a popularly elected Attorney General and Reporter for the state. (S: Fowler)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Introduced 1/20/2003
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
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Link to PDF
Fiscal Note PDF
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| COMMERCIAL LAW |
SB 0009*
HB 0175
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Antitrust laws and monopolistic practices. Evaluates antitrust laws in relation to services and monopolistic practices. Declares that full and free competition of commodities or services shall not be infringed. Holds persons or corporations jointly and severally liable to pay all debts incurred by such monopolistic practices. Specifies that all persons injured or damaged by said monopolies have the right to sue and recover their loss of goods or services. (S: Cooper J.; H: Briley)
TennCare Oversight Committee comment: TennCare Oversight Committee 04/07/2003 adopted the comment. Summary of TennCare comment: This bill does not address the TennCare program directly.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
Other Status: TennCare Oversight Committee 04/07/2003 adopted the comment.
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Link to PDF
Fiscal Note PDF
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SB 0207
HB 0015*
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Check cashing for employee should be free. Prohibits an employer from charging a check cashing fee to an employee for cashing a payroll check issued by that employer. (S: Dixon; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0383*
HB 0575
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Specifies the provisions of the Electronic Transaction Act. Specifies that no provision of the Electronic Transaction Act limits, modifies or supersedes the federal E-Sign Act unless otherwise permitted. (S: Dixon; H: Fitzhugh)
Senate Status: Senate passed 03/10/2003.
House Status: House passed 04/28/2003.
Other Status: Enacted as Public Chapter 0107 (effective 05/12/2003).
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Link to PDF
Fiscal Note PDF
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SB 0992*
HB 1189
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Corporate representation in general sessions court. Allows a corporation or association with 10 or fewer employees to be represented in general sessions court by officer of such corporation or association. (S: Crowe; H: Davis)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/27/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 1161*
HB 1675
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TN Processing Cooperative Law. Enacts the "Tennessee Processing Cooperative Law." Requires the approval of the county legislative body for certain special uses of land in counties with no county-wide zoning regulations. Specifies the administrative procedure of the law, the applicability specifications and the approval process. Creates a Class C misdemeanor charge for offense against the processing law. (S: Norris; H: Davidson)
Senate Status: Senate Commerce, Labor & Agriculture deferred to the call of the chair.
House Status: House Agriculture reset to 04/15/2003.
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Link to PDF
Fiscal Note PDF
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SB 1214
HB 0619*
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Claims against dissolved limited partnership. Increases time for filing claim against dissolved limited partnership to four months from three months. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1225
HB 0627*
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Proxy appointment length of validity. Increases length of validity for proxy appointment for corporate shareholder voting purposes from 11 months to one year in for-profit corporations. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1854
HB 1758*
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False representations in advertisements. Authorizes as violation of consumer protection law if offeror clearly states an offer in the main text of a solicitation that is contradicted in the fine print. (S: Herron; H: Maddox) Senate amendment 1 clarifies that the provisions of the bill apply to initial offer for a prize or travel service. Senate amendment 2 exempts car dealers in compliance with advertising regulations. Senate amendment 4 adds as the regulations are amended from time to
time.
Senate Status: Senate 05/05/2003 passed with amendments 1,2,4.
House Status: House passed 05/15/2003.
Other Status: Sent to governor 05/15/2003.
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Link to PDF
Fiscal Note PDF
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SB 1856
HB 1755*
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Out-of-state consumer protected against TN violator. Redefines "consumer" and "person" under the Consumer Protection Act of 1977 to include out-of-state consumers if violator is located in whole or in part within the state. Requires court to make every effort to make consumers and other persons whole by ordering restitution of any ascertainable loss to such person when such a violation has occurred. Specifies that such losses are to be returned to affected consumers located within or
outside the state if the entity or person violating the act is located in whole or in part within the state. Also specifies that such finding does not limit any consumer's private right of action. (S: Herron; H: Maddox) House Consumer Affairs Subcommittee amendment 1 expands consumer protection to include entities both within and outside the state.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer & Employee Affairs.
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Link to PDF
Fiscal Note PDF
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SB 1889
HB 1908*
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Nonpayment notification - mechanic or materialman's lien. Deletes notice of nonpayment requirement concerning certain work performed by subcontractor, laborer or materialman who wish to perfect mechanic's lien or materialman's lien. (S: Clabough; H: Overbey)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
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Link to PDF
Fiscal Note PDF
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| CORRECTIONS |
SB 0032
HB 0066*
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Alternatively sentenced criminal offenders. Requires facilities that house alternatively sentenced criminal offenders to notify chief law enforcement officer in county where facility exists of identity, criminal record and location of such offender who is proposed to be located at such facility. (S: Clabough; H: Overbey) House amendment 1 adds chief law enforcement officers in municipalities to the notification requirements of the bill. House amendment 2 prevents medical or social
security information from being given out so that the bill complies with federal regulations.
Oversight Corrections Committee 03/10/2003 reviewed, comment adopted and released to full committee.
Senate Status: Senate passed 05/21/2003.
House Status: House 05/01/2003 passed with amendments 1 and 2.
Other Status: Sent to governor 05/21/2003.
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Link to PDF
Fiscal Note PDF
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| CRIMINAL LAW |
SB 0371*
HB 1414
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Civil or criminal contempt charges. Establishes as defense to a charge of civil or criminal contempt during the course of a domestic abuse case the fact that the petitioner initiated or consented to the contact held in question. (S: Crutchfield; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 0387
HB 0118*
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Rights of indigent defendants. Authorizes the court of record that has found a defendant to be indigent to hold hearings in open court to determine whether investigative or expert services are necessary to ensure constitutional rights of the defendant are protected. Prohibits "ex parte," (one party) hearings or meetings between the trial judge and counsel for the purpose of determining the necessity of investigative or expert services. (S: Fowler; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0398*
HB 1371
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Criteria for release under pre-trial release program. Specifies criteria that must be met in order for a person to be released under a government supported pre-trial release program. Requires the person to have no previous criminal convictions. Offender may be released only if charged with a non-violent misdemeanor. Allows all records pertaining to adult offenders released under the program to become public information. (S: Graves; H: Johnson R.)
Tennessee Judicial Council comment:
Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary deferred to Judiciary Summer Study Committee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 0441
HB 0409*
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Capital Punishment Equal Protection Act of 2003. Establishes the Capital Punishment Equal Protection Act of 2003. Specifies how a prosecutor shall file a first-degree murder evaluation form. Declares that before the prosecutor makes a decision whether to seek a sentence of death the prosecutor must allow counsel to provide mitigating information and explore bona fide plea negotiations. Requires that the district attorney general shall seek a sentence of death only in the cases by which
the evidence of guilt is substantial. Notes that a defendant who is under a sentence of death may review any and all relevant files in the possession of the district attorney general upon written request. (S: Cohen; H: Briley)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/27/2003 with amendment which makes legislation advisory not mandatory; released to standing committees.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
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Link to PDF
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SB 0520*
HB 0806
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Inter-state and state-national information sharing. Adopts "National Crime Prevention and Privacy Compact" to permit state access to FBI fingerprinting and crime information databases. Promotes the free flow of information between state and federal governments regarding crime information. (S: Jackson; H: Harwell) House amendment 2 adds National Crime Prevention and Privacy Compact to sunset cycle. House amendment 1 makes the bill. Allows the TBI to enter into National Crime Prevention and
Privacy Compact.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Senate passed 05/12/2003.
House Status: House 05/01/2003 passed with amendments 2 and 1.
Other Status: Signed by governor 05/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 0639
HB 0709*
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TN Identification and Personal Information Protect Act 2003. Renames Tennessee Identity Theft Deterrence Act of 1999 as "Tennessee Identification and Personal Information Protection Act of 2003." Includes unauthorized transfer of personal information under such act. (S: Ford J.; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Judiciary deferred to Judiciary Summer Study Committee.
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Link to PDF
Fiscal Note PDF
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SB 0781
HB 0143*
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Records available to employee of attorney of record. States that arrest histories of a defendant or potential witness in a criminal proceeding shall be made to both attorney of record and also employee of attorney of record. (S: Miller J.; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 0869
HB 0652*
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Misdemeanor arrests by officer with probable cause. Allows arrests for misdemeanors by an officer without a warrant if the officer has probable cause for the arrest and the person does not provide evidence of identification. (S: Ramsey; H: Stanley)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/27/2003.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 0879
HB 0539*
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Expungement of criminal records. Prohibits the destruction of criminal records in cases where the defendant has been found not guilty by reason of insanity. (S: Ramsey; H: Overbey) Senate amendment 1 strikes the language "by reason of insanity" to make the bill applicable only to lesser included offenses.
Tennessee Judicial Council comment: Deferred in Judicial Council to 03/20/2003.
Senate Status: Senate 05/08/2003 passed with amendment.
House Status: House passed 05/08/2003.
Other Status: Enacted as Public Chapter 0175 (effective 05/22/2003).
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Link to PDF
Fiscal Note PDF
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SB 1076*
HB 1579
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Misuse of seized funds by district attorney. Requires comptroller of the treasury to audit such funds awarded pursuant to forfeited property, seized drugs, or bad checks and file copy with clerk of each house of general assembly. Creates as Class C misdemeanor for failure of district attorney to notify comptroller of proceeds. Creates offense, punishable as theft, for district attorney to misuse money in drug, forfeiture, and bad check funds. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1089
HB 1145*
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Statutory rape, child sexual abuse - same duty to report. Requires instances of statutory rape to be reported by same officials and in same manner as is presently required for child sexual abuse and child abuse. (S: Fowler; H: DeBerry J.)
Senate Status: Referred to Senate Judiciary.
House Status: House Budget Subcommittee deferred to 2004.
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Link to PDF
Fiscal Note PDF
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SB 1113*
HB 1631
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Restoration of Citizenship Rights Act of 2003. Revises procedure for restoring rights of persons convicted of certain crimes. Restores citizenship rights of persons with a conviction whose maximum sentence is less than one year upon such persons serving their entire sentence or receiving a pardon. Permits a person who has been deprived of citizenship rights pursuant to a conviction of one year or more to seek restoration by filing a petition for restoration in the circuit court of the
person's county of residence or in the circuit court of the county in which the judgment was entered. (S: Jackson; H: West)
Tennessee Judicial Council comment: Tennessee Judicial Council approved if amended 03/13/2003; Tennessee Judicial Council comment: Tennessee Judicial Council approved if amended 03/13/2003; released to standing committees. Tennessee Judicial Council amendment provides the judge discretion with regard to determining whether a petition should be granted. Requires all
fines, court costs, and restitution be paid prior to petition being granted. Prohibits multiple restorations. Requires a higher standard to have a person's rights restored to carry a weapon. Requires the AOC to promulgate and distribute to each circuit court clerk a uniform form for petitioning for the restoration of citizenship rights.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Oversight Corrections Committee 03/17/2003 reviewed, comment adopted and released to full committee.
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Link to PDF
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SB 1344*
HB 1293
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Requirements for arrest warrants. Requires written examination of informant to set for the facts and to show that there is probable cause to believe an offense has been committed and that the defendant committed it. Provides for issuance of a criminal summons, in lieu of an arrest warrant, if the affiant is a law enforcement officer. (S: Person; H: Fowlkes) Senate amendment 1 provides that if the named defendant is under an order of protection and is in violation of that order of
protection then an arrest warrant may be issued instead of a criminal summons. House amendment 2 provides that 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 they may issue a warrant of arrest House amendment 3 corrects a typographical error.
Senate Status: Set for Senate message calendar 05/29/2003.
House Status: Set for House floor 05/28/2003. House 05/28/2003 passed with amendments 2 and 3. House amendment 2 provides that 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 they may issue a warrant of arrest House amendment 3 corrects a typographical error.
Other Status: Sent to governor 05/28/2003.
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Link to PDF
Fiscal Note PDF
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SB 1351
HB 0116*
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Requirements for petitioners with plea agreements. Specifies that all issues known to a petitioner seeking post-conviction relief as a result of a plea agreement with the state are waived unless reserved by the petitioner. Provides that the petitioner shall have the burden of proving allegations of fact by convincing evidence. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1386*
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Signing of form by those advised of Miranda rights. Requires law enforcement officer after arresting person and advising such person of applicable constitutional rights to request such person to sign a form designed by the P.O.S.T. commission stating that person has been advised of and understands these rights. (S: Burks)
Senate Status: Taken off notice in Senate Judiciary.
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Link to PDF
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SB 1433
HB 0104*
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New bond required on appeal of conviction in certain cases. Requires defendant filing a timely appeal with the court of criminal appeals to make new bond to such court even if original bond has not yet terminated. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 1434
HB 0103*
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Duration of bail bonds. Requires defendant appealing criminal sentence, placed on diversion, probation, community correction or fined to execute new bond or recognizance even if original bond has not yet terminated. Current law allows trial judge, after examination of original bond, to set out in a written order that such original bond is sufficient. This bill would eliminate that provision. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council
recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 1445
HB 0122*
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Recording of interrogations of criminal defendants. Declares that the statement of an accused made under custodial interrogation shall be inadmissible unless an accurate and unaltered electronic video and audio recording is made and the accused is advised of his rights. Requires that the recording be preserved until all appeals by the accused are exhausted. Declares that if a defendant was subjected to and can prove an interrogation prior to the one which was the subject of the recording
and that prior interrogation was not recorded, then any statements made by the defendant are inadmissible except for the purpose of impeachment. Permits statements that voluntarily implicate or have a bearing on the credibility of the accused. Permits unrecorded statements where the electronic equipment is not feasible. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1500*
HB 1315
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Fingerprint sample to TBI for people working with kids. Requires person applying to work or volunteer with children to submit fingerprint samples for background check to the TBI and the FBI. (S: Crowe; H: Turner B.)
Senate Status: Senate passed 03/31/2003.
House Status: House passed 03/27/2003.
Other Status: Enacted as Public Chapter 0026 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 1501*
HB 1314
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TBI criminal history checks for persons working with kids. Clarifies that criminal history records check for persons working with children will include check conducted by FBI as well as TBI. Clarifies that FBI will be reimbursed for cost of criminal history records check by organization requesting such check. (S: Crowe; H: Turner B.) House amendment 1 requires fingerprinting and criminal background check to be conducted by either the TBI or FBI rather than both entities.
Senate Status: Senate passed 04/02/2003.
House Status: House 03/27/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0030 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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HB 0671*
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Study of equal access to justice in death penalty trials. Establishes the Death Penalty Fairness Study Committee and charges the committee to study and make public policy recommendations designed to guarantee fairness and accuracy in the application and administration of the death penalty. Specifies committee size and composition. (H: Briley)
Tennessee Judicial Council took no action on the bill 02/27/2003.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003.
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Link to PDF
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HB 0763*
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Moratorium on death penalty. Provides for moratorium on death penalty until such time general assembly and governor act upon recommendations of committee to study equal access to justice and other implications of death penalty. (H: Turner L.)
House Status: Referred to House Judiciary.
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Link to PDF
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| EDUCATION |
SB 0546*
HB 1018
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Regulations for educational institutions served subpoena. Provides certain regulations for when served a subpoena duces tecum. Authorizes the custodian of such educational institutions that are neither the party nor place of cause of actions to file within 20 days with the court clerk a copy of all records described in the subpoena. Directs the educational institution to make a reasonable effort to notify the parent or student of such subpoena providing that such was not issued by a
federal grand jury or for a law enforcement purpose. Instructs the custodian to enclosed the records copy within an inner envelope inscribed with certain information and affixed with an affidavit stating that the student or parent was notified of the subpoena. Instructs custodian to enclosed inner envelope in an outer envelope and direct to the court clerk or the deposition officer. Instructs that the copy of records remain sealed until time of trial. Instructs custodian, upon receipt of
subpoena, to send the records to the attorney responsible for the issuance. Substitutes "educational institution" for "school" wherever it appears. (S: Fowler; H: Wood)
Senate Status: Senate passed 03/10/2003.
House Status: House passed 04/07/2003.
Other Status: Enacted as Public Chapter 0036 (effective 04/22/2003).
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Link to PDF
Fiscal Note PDF
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SB 1744*
HB 1861
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Notification of students with serious criminal offenses. Obligates a juvenile's legal custodian to provide notice of juvenile's delinquency and any serious criminal offense to the school principal. Makes provision for a summary of the court record be given to parent, guardian, or other custodian of juvenile, the department of children's services and the school of enrollment. (S: Atchley; H: Hagood) Senate amendment 1 adds a provision to this bill to create uniformity between the existing
provisions of this bill and juvenile court proceedings pertaining to delinquent minors.
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Senate 04/24/2003 passed with amendment 1.
House Status: House passed 05/12/2003.
Other Status: Sent to governor 05/12/2003.
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Link to PDF
Fiscal Note PDF
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| ENVIRONMENT & NATURE |
SB 0080
HB 0217*
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Protection extended to include ecological features. Expands protection of Class II natural-scientific areas in the state that are associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation. Protection shall include preservation of ecological values in addition to natural or
scientific values. (S: Haynes; H: Turner M.)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
Fiscal Note PDF
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SB 0201*
HB 1073
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Liability in hazardous waste management. Exempts person as "liable party" within Tennessee Hazardous Waste Management Act who would be excluded from liability under the provisions of federal Superfund Recycling Equity Act. (S: Ramsey; H: Godsey)
Senate Status: Senate Environment, Conservation & Tourism 03/05/2003 recommended. Sent to Senate Finance, Ways & Means.
House Status: House Civil Practice Subcommittee deferred to January 2004.
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Link to PDF
Fiscal Note PDF
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SB 0335
HB 0480*
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Fees paid to drycleaner environmental response board. Removes requirement that the drycleaner environmental response board promulgate rules that establish a schedule of amounts of annual registration fees to be paid by drycleaning facilities that is based on the amount of drycleaning solvent purchased. Also removes requirement that the board promulgate rules that establish three categories of drycleaning facilities based on the amount of solvent used requiring payment of the different
levels of deductible. (S: Cooper J.; H: Fraley)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: House Environment Subcommittee deferred to 2004.
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Link to PDF
Fiscal Note PDF
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SB 0338*
HB 1037
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Use of on-site aerobic sewage treatment plant. Allows a single-home on-site aerobic sewage treatment plant to be utilized without a field line system for final disposal in any area that is geologically undesirable for a single-home residential septic tank and drain field system. Specifies requirements for permit applications for aerobic sewage treatment plant. Also specifies that submission of false information on permit applications constitutes a Class A misdemeanor. (S: Herron; H:
Rinks)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Taken off notice in House Health and Family Assistance Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0777*
HB 0869
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Recycling program for beverage containers. Requires all beverages sold in the state to be sold in reusable containers which may be returned by the consumer for a refund of their deposit on the container. Beverages include soft drinks, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink. (S: Miller J.; H: Johnson R.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Introduced 2/13/2003
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Link to PDF
Fiscal Note PDF
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SB 0782*
HB 1462
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Tennessee Environmental Policy Act of 2003. Requires an environmental assessment report be submitted to the commissioner of environment and conservation before commencement of any proposed government action such as construction or purchase of land that could potentially affect the state's natural resources. Requires commissioner to conduct public hearing on the report 30 days prior to commissioner's approval or denial of findings. Requires commissioner's determination to be a final order
under the UAPA. If the environmental assessment report concludes that a proposed governmental action may significantly adversely affect the quality of the environment, the government agency responsible for such project is required to prepare an environmental effects report detailing the impact. (9 pp.) (S: Kyle; H: Chumney)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: House Government Operations deferred to 04/29/2003.
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Link to PDF
Fiscal Note PDF
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SB 1278
HB 0872*
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Standards for volatile organic compound emissions. Requires department of environment and conservation to set standards for volatile organic compound emissions by January 1, 2004. (S: McNally; H: Johnson R.)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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| ESTATES & TRUSTS |
SB 0003*
HB 0177
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Requirements changed for petition to appoint conservator. Deletes requirement for social security number in filing for petition to appoint conservator. (S: Fowler; H: Fowlkes)
Senate Status: Senate passed 02/19/2003.
House Status: House passed 05/01/2003.
Other Status: Enacted as Public Chapter 0124 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 0093
HB 0208*
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Inheritance & estate taxes decoupled from federal. Amends estate tax, inheritance tax, and generation-skipping transfer tax laws to specify that all references to federal estate tax law refer to law in existence on 12/31/2000. (S: Cooper J.; H: Turner M.)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0311*
HB 1292
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Intestate and elective shares of surviving spouse. Clarifies that share of surviving spouse in intestate estates of decedents dying before January 1, 1998, is either child's share or one-third. (S: Fowler; H: Fowlkes) Senate amendment 1, as amended, allows spouse of intestate decedent to receive either intestate share or elective share amount.
Senate Status: Senate 04/23/2003 passed with amendment.
House Status: House passed 05/12/2003.
Other Status: Sent to governor 05/12/2003.
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Link to PDF
Fiscal Note PDF
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SB 0405
HB 0574*
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Time allotment for spouse to take elective share under will. Provides that a surviving spouse must file a petition to take elective share under will within two years of date of decedent's death unless other provisions of law permit extension. (S: Fowler; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
Fiscal Note PDF
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SB 0560*
HB 0743
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Uniform Trust Code. Enacts "Uniform Trust Code" to establish law relative to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. (S: Fowler; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1238
HB 0702*
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Court notice regarding resignation of trustee. Increases to 20 days from 10 days the amount of notice court must give to beneficiaries, unless waived, regarding resignation of trustee. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1239
HB 0703*
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Compensation of guardians. Reduces compensation of guardians to 5 from 7 percent of monies received. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1241
HB 0907*
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Testator in armed forces admitted to probate. Reduces, to nine years from 10, period of time in which will of testator who served as member of armed forces may be admitted to probate after end of hostilities. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1245
HB 0689*
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Demands against personal representative of decedent. Decreases to six years from seven years the time period allowed for all actions against the personal representative of a decedent, for demands against such decedent. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1791*
HB 1789
|
Notice requirements for judicial or trust sales. Requires, concerning sale of land to foreclose a deed of trust or mortgage, a continuous notice posted at the county courthouse and twenty-day posting notice on the internet. Requires certificate of courthouse notice postings. (S: Person; H: Briley)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to January 2004.
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Link to PDF
Fiscal Note PDF
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SB 1849
HB 1797*
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Elective share of surviving spouse. Removes current authority for personal representative of surviving spouse to withdraw surviving spouse's demand for elective share when that surviving spouse dies after spouse-testator but before expiration of time for electing elective share expires. (S: Henry; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to January 2004.
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Link to PDF
Fiscal Note PDF
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HB 0537*
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Probate court appeals to go to the court of appeals. Provides that in the counties of Blount, Sevier, Jefferson and Loudon appeals of decision of probate court shall go to the court of appeals even if the probate court is served by a judge who is not circuit court judge or chancellor. (H: Overbey)
Tennessee Judicial Council took no action on the bill 02/27/2003. Bill was withdrawn in the House.
House Status: Withdrawn in House 02/26/2003.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003. Bill was withdrawn in the House.
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Link to PDF
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| FAMILY LAW |
SB 0025*
HB 0068
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Requirements for premarital preparation course. Requires specific areas of instruction for premarital preparation course including instruction on financial security and parenting. (S: Harper; H: Patton) House amendment 1 rewrites the bill to include additional subsections under topics of discussion that may be included during premarriage counseling sessions. Makes the legislation permissive. Changes the topic of "children and future education" to "children and parenting responsibilities"
and corrects a typographical error by adding "mature families" back into the bill.
Senate Status: Failed in Senate Judiciary 02/25/2003.
House Status: House 03/20/2003 passed with amendment.
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Link to PDF
Fiscal Note PDF
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SB 0107*
HB 0289
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Children's social security number in divorce petitions. Deletes the requirement that all petitions for divorce and legal separation contain the social security number of the children born of the marriage. (S: Graves; H: McDonald)
Tennessee Judicial Council took no action on the bill 02/27/2003.
Senate Status: By suspension of the rules on the Senate Floor 04/21/2003, the bill was referred to Senate Commerce, Labor & Agriculture after being recalled from Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 0215*
HB 1463
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Court retains jurisdiction over child placement. Allows the juvenile court to retain jurisdiction over the placement of a child in foster care, residential treatment or in a program. (S: Person; H: Chumney)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
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Link to PDF
Fiscal Note PDF
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SB 0221*
HB 1107
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Acknowledgement of paternity. Deletes the current exemption of Shelby County from the requirement that birthing institutions must forward voluntary acknowledgements of paternity, if the mother is seeking public assistance, to the local child support which serves the mother. (S: Person; H: Kent)
Senate Status: Senate passed 05/07/2003.
House Status: Referred to House Health and Family Assistance Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0243*
HB 0861
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Administrative adjustments to child support orders. Establishes hearings in all child support cases that seek to modify support shall be heard before a court of Tennessee having proper jurisdiction and prohibits department of human services from hearing such petitions. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0310*
HB 1408
|
Civil immunity for officers of court. Provides civil immunity for judges and other officers of court relative to roster of area course providers of marital preparation. (S: Fowler; H: Patton) Senate amendment 1 provides that each judicial district shall set up guidelines for counseling services.
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: The Senate refused to recede from its action in adopting Senate amendment 1.
House Status: House 05/15/2003 concurred in Senate amendment 1.
Other Status: Sent to governor 05/15/2003.
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Link to PDF
Fiscal Note PDF
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SB 0395
HB 0571*
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Petition to appoint guardian. Removes the requirement that a social security number be placed on the petition for guardianship. Adds that the information that must be provided includes: the name, date of birth, residence, and mailing address of minor; also, the name, age, residence, mailing address, and relationship of the petitioner. (S: Fowler; H: Fowlkes)
Senate Status: Senate passed 04/07/2003.
House Status: House passed 03/10/2003.
Other Status: Enacted as Public Chapter 0035 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 0518*
HB 1119
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Child support retroactive orders. Limits retroactive orders for child support in paternity actions to two years preceding commencement of paternity action unless order of support previously entered. (S: Jackson; H: Shepard) House amendment 1 rewrites the bill. Sets forth certain broadly written criterions for the court's discretion to determine circumstances for child support retroactive orders. Includes the criteria of mother's refusal to notify father of child's birth. Makes provision
for mother's attempt to find father but her attempt was not made through the courts. Provides for spousal abuse issues in which mother is too afraid to notify father. Removes double language "in the case." Changes certain language from "may" to "shall." Makes clear that maternity provisions are separated from divorce provisions. Senate amendment 1 makes the bill. Provides that the father shall not be liable for child support until such time as established that he knew or should have known that
he was the father of a child or has had actual notice by service of process that he was the father of the child. Adds that if the mother is able to establish that she has been raped, abused, or physically intimidated then the father can be found liable for the amount of the support. Senate amendment 2 requires the courts to consider all the children of the obligor when determining child support under the guidelines. Senate amendment 5 requires the court to order retroactive support in cases
where the mother can show clear and convincing evidence that the delay in filing a paternity action was the result of rape or intimidation, or she was unable to determine identity or location of the father after making reasonable efforts to do so.
Senate Status: Senate 05/28/2003 passed with amendments 1, 2 and 5. Senate amendment 1 makes the bill. Provides that the father shall not be liable for child support until such time as established that he knew or should have known that he was the father of a child or has had actual notice by service of process that he was the father of the child. Adds that if the mother is able to establish that she has been raped, abused, or physically intimidated then the father can be found liable
for the amount of the support. Senate amendment 2 requires the courts to consider all the children of the obligor when determining child support under the guidelines. Senate amendment 5 requires the court to order retroactive support in cases where the mother can show clear and convincing evidence that the delay in filing a paternity action was the result of rape or intimidation, or she was unable to determine identity or location of the father after making reasonable efforts to do so.
House Status:
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Link to PDF
Fiscal Note PDF
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SB 0519*
HB 1120
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Unwed father's liability for child support restricted. Clarifies that father of child born out of wedlock not liable for child support until he knew or should have known he is father or until he receives service of process for petition of paternity, but in no event is he liable for more than three years of retroactive child support. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Children & Family Affairs.
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Link to PDF
Fiscal Note PDF
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SB 0521*
HB 1118
|
Private agreement for child support valid. Clarifies that child support guidelines do not apply when obligor parent can prove by clear and convincing evidence that private agreement for child support was freely entered into by both parents. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
Fiscal Note PDF
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SB 0522*
HB 1121
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Negative paternity test removes child support liability. Prohibits a man found as a result of genetic testing not to be the father the child from being liable for any child support owed prior to or after the filing of the petition unless he consented in writing to be named the father on the birth certificate or entered into an agreed order acknowledging he is the child's father. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0526
HB 0573*
|
Power of Attorney for Care of a Minor Child Act. Enacts the Power of Attorney for Care of a Minor Child Act. Declares that a parent or parents of a minor child may delegate to any competent adult person residing in this state temporary care-giving authority regarding the minor child, by executing a power of attorney in writing providing for the appointment. Adds that the instrument for providing for the power of attorney shall be executed by both parents, if both parents are living and
have legal custody of the minor child. Requires that through the power of attorney, the parent may authorize the caregiver to perform certain functions without limitation. Adds that the power of attorney does not affect the rights of the minor child's parents regarding the custody, care, and control of the minor. Permits termination of the care-giver by an instrument in writing signed by either parent with legal custody. (S: Trail; H: Fowlkes) Senate amendment 1 rewrites the bill to give
power-of-attorney over minor to another competent adult when parents are in hardship. Clarifies certain criteria for hardship such as serious illness, physical or mental incompetence, or natural disaster. Allows the care-giver with power-of-attorney the right to enroll minor in LEA. Allows LEA to require documented proof from caregiver and makes caregiver liable if residence found fraudulently represented. Provides for parent's ability to revoke caregiver's power-of-attorney for minor's
healthcare decisions if not in the best interest of child. Demands that caregiver shall notify any person, school or health care provider involved if minor ceases to reside with caregiver. Clarifies that authority delegated without court approval by executing in writing a power of attorney for care of a minor "which may be" on a form provided by the department of children's services.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/27/2003; released to standing
committees.
Senate Status: Senate 04/09/2003 passed with amendment.
House Status: House passed 04/17/2003.
Other Status: Enacted as Public Chapter 0071 (effective 05/05/2003).
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Link to PDF
Fiscal Note PDF
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SB 0586*
HB 1642
|
Divorce granted without parties present. Allows a divorce to be granted without the parties present at final hearing if court finds that provisions were met and dissolution agreement was signed at least 30 days prior. (S: Williams Mike R.; H: West)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 0622*
HB 1480
|
Court discretion as to type of alimony awarded. Authorizes courts discretion regarding the type of alimony awarded. Establishes transitional alimony as type of alimony that may be awarded. Defines transitional alimony. (S: Haynes; H: Chumney) Senate Amendment 1 specifies that an award of periodic alimony could be made: (1) In addition to a rehabilitation award, where a spouse may be partially rehabilitated; or (2) Instead of a rehabilitation award, where rehabilitation is not feasible.
This amendment also establishes that transitional alimony would be non-modifiable unless the parties otherwise agree in an agreement incorporated into the initial order of divorce, or legal separation, or in a order of protection, or the court otherwise orders that such transitional alimony agreement must be subject to modification. Defines "transitional alimony" as a sum of money payable by one party to, or on behalf of, the other party for a determinate period of time. Senate Amendment 2
allows the modification of transitional alimony only where the parties have agreed in an agreement incorporated into the initial order of divorce, legal separation, or order of protection or where the court otherwise orders modification in the initial order of divorce, legal separation, or order of protection. House amendment 3 specifies that transitional alimony could be terminated if the alimony recipient lives with a third person who either contributes to such person's support or who benefits
from the obligor's support.
Senate Status: Senate 05/27/2003 concurred in House amendment 3.
House Status: House 05/22/2003 passed with amendment 3.
Other Status: Sent to governor 05/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 0673
HB 0713*
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Offense of custodial interference. Broadens offense of custodial interference to include circumstances in which biological father moves child without consent of mother who has lawful custody because child was born out of wedlock and there has been no court order of custody. (S: McNally; H: Hackworth)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary deferred to summer calendar for study committee.
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Link to PDF
Fiscal Note PDF
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SB 0784*
HB 1275
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Custodial interference - adds custody of unwed mother. Includes in the definition of custodial interference the removal of a child from the custody of an unwed mother who has rightful custody due to absence of an order to the contrary. Adds defense to custodial interference that non-removal of child or incompetent would have resulted in a clear and present danger to the child or incompetent's health, safety, or welfare. (S: Person; H: Patton)
Senate Status: Senate Judiciary 04/15/2003 recommended. Sent to Senate Finance Ways & Means.
House Status: House Judiciary deferred to summer calendar for study committee.
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Link to PDF
Fiscal Note PDF
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SB 0787*
HB 1262
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Nonpayment of support bars recovery for wrongful death. Prohibits non-supporting parent from recovering monetary damages for wrongful death of child if they refuse or neglect to pay child support for two year period prior to child's death and have not visited or tried to visit the child in that period. Relative to Tennessee Wrongful Death Act. (S: Person; H: McMillan)
Senate Status: Senate passed 03/31/2003.
House Status: House passed 03/27/2003.
Other Status: Enacted as Public Chapter 0025 (effective 04/11/2003).
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Link to PDF
Fiscal Note PDF
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SB 0801*
HB 1657
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Willful failure of support. Clarifies that willful failure to support not only means no monetary support for a period of four consecutive months, but also includes the willful intent not to support. (S: Person; H: DeBerry J.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0884*
HB 1100
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Restricts retroactive child support liability. Restricts retroactive child support liability of father for child born out-of-wedlock to one year prior to date action is filed to determine paternity. Inapplicable to collection of child support under Title IV-D of Social Security Act. Applies only to paternity actions filed or orders for child support occurring on or after July 1,2003. (S: Ramsey; H: Black)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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Link to PDF
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SB 0926
HB 0859*
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Excuses parents from compliance with visitation order. Allows parents to be excused from strict compliance with terms of visitation order under certain limited and approved circumstances. (S: Crutchfield; H: Brown) House amendment 1 adds determination to permanent parenting plan by addressing the issue of a parent driving without a valid driver's license. Requires acceptable transportation arranged for child if custodial parent does not have a valid driver's license. Senate amendment 2,
as amended adds determination to permanent parenting plan by addressing the issue of a parent driving without a valid driver's license. Requires acceptable transportation arranged for child if custodial parent does not have a valid driver's license. Corrects an error in the directory language.
Senate Status: Senate 05/15/2003 passed with amendment 2.
House Status: House 05/19/2003 concurred in Senate amendment 2.
Other Status: Sent to governor 05/19/2003.
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Link to PDF
Fiscal Note PDF
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SB 0939*
HB 1080
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Parental disregard of requirements. Permits court consideration of custody change if custodial parent fails to adhere to visitation requirements. (S: Haynes; H: Patton) House amendment 1 adds the language "or an order of custody and visitation" after the language "failures to adhere to the parenting plan" and before the language "or circumstances which."
Senate Status: Senate passed 05/14/2003.
House Status: House 05/01/2003 passed with amendment 1.
Other Status: Sent to governor 05/14/2003.
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Link to PDF
Fiscal Note PDF
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SB 0979*
HB 1931
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Child support actions. Prohibits department of human services from initiating child support actions on behalf of persons not eligible for support services or without prior determination of custody. (S: Miller J.; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 0980*
HB 1932
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Petitions to modify child support. Prohibits department of human services from hearing petitions to modify child support order. Requires court approval of any administrative adjustments to child support order made by department. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 1146*
HB 1328
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Child custody and support terminology. Directs the Tennessee Code Commission to change certain references in the code with respect to terms for child support, custody and visitation. (S: Ford J.; H: Bowers)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1158*
HB 1329
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Permanent parenting plan. Creates permanent parenting plan for non-married parents in juvenile court proceedings. Requires plan to include residential schedule. Prohibits interference with custody of child born out of wedlock. Provides non-custodial parent to not seek parenting time with minor child. (S: Ford J.; H: Bowers)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 1198
HB 1058*
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Waiver of liability for injuries incurred by minor child. Permits parent or legal guardian of a minor child to execute a valid release of liability or exculpatory clause for any injury that the minor child may incur. Specifies if such release is signed by the parent or legal guardian and the child suffers an injury, the release is to be upheld as valid and the child shall not be allowed to institute legal proceedings to gain compensation for such injury. (S: Graves; H: Davidson) House
amendment 1 declares that the juvenile court has concurrent jurisdiction with the circuit and chancery court to establish the paternity of a child born out of lawful wedlock and to determine any custody, visitation, support, education, or other issues regarding the care and control of children born out of wedlock. Senate Judiciary amendment 1 declares that the juvenile court has concurrent jurisdiction with the circuit and chancery court to establish the paternity of a child born out of lawful
wedlock and to determine any custody, visitation, support, education, or other issues regarding the care and control of children born out of wedlock. Clarifies that nothing in this subsection shall be construed as vesting the circuit or chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court. Senate amendment 1 is the same as House amendment 1 except it adds language stating "notwithstanding any provision of law to the contrary."
Senate Status: Senate 05/22/2003 passed with amendment.
House Status: House 05/27/2003 concurred in Senate amendment 1.
Other Status: Sent to governor 05/27/2003.
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Link to PDF
Fiscal Note PDF
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SB 1237
HB 0701*
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Child custody and support hearings. Reduces to 30 days from 45 days service of process time period in which hearings in child support cases that are not being enforced pursuant to Title IV-D of Social Security Act must be heard. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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SB 1279
HB 0875*
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Petitions for adoption. Revises certain provisions regarding adoption including increasing number of days between filing petition of adoption or petition for termination of parental rights and checking putative father registry from three working days to 10 working days. Adds food to the list of living expenses for which payment made be made by the adoptive parents to the birth mother during adoption period. (S: McNally; H: Johnson R.) Senate amendment 1 rewrites the bill. Adds "willful"
to the definition of abandonment. Extends from 30 days to 45 days the time of care that should be given to the birth mother. Clarifies the number of days, after a child's birth, that a birth mother can surrender her parental rights in front of a judge. Allows adoptive parents and their respective counsel to get copies of decree of final order. Specifies grounds for terminating parental rights. Senate amendment 2 allows disclosure of information to prospective adoptive parents about the child
they are seeking to adopt.
Senate Status: Senate 04/21/2003 passed with amendments 1 and 2.
House Status: House passed 05/15/2003.
Other Status: Sent to governor 05/15/2003.
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Link to PDF
Fiscal Note PDF
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SB 1356
HB 0138*
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Child support provider not required to report annual income. Eliminates directive that child support obligor report annual income to obligee and department of human services in Title IV-D cases, relative to parenting plans. Broad caption also relates to visitation and custody requirements. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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Link to PDF
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SB 1615
HB 0029*
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Domestic assault penalty increased. Domestic assault is stiffened to a Class E felony except where offense is determined to be extremely offensive or provocative, in which case it is a Class A misdemeanor. (S: Harper; H: Turner M.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1700*
HB 1465
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Modifications to residential parenting plan. Permits review and modification of court's prior order in child's residential parenting schedule under certain circumstances. Adds that a material change of circumstances may include, change in the age of the child; changes in the parents' living or working conditions; or failure to adhere to parenting plan. Declares that any modification to a residential parenting schedule must be based upon the best interest of the child. (S: Miller J.; H:
Head)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 1722
HB 0448*
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Adoption and termination of parental rights. Declares that participants in relative caregiver program shall have standing to request termination of parental or guardianship rights in the adoption petition filed by them. Adds that upon termination of the parental or guardianship rights the court may award the guardianship or partial guardianship of the child to a licensed child-placing agency. (S: Kurita; H: Bowers) House amendment 1 rewrites the bill to give prospective adoptive parents
and extended family members caring for related children standing to file a termination of parental or guardianship rights petition.
Senate Status: Senate passed 04/21/2003.
House Status: House 04/07/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0084 (effective 05/05/2003).
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Link to PDF
Fiscal Note PDF
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SB 1780
HB 1704*
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Granting of visitation rights to non-custodial parents. Requires court to use informed discretion in granting visitation rights to non-custodial parents. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1783*
HB 1731
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Grandparent and sibling visitation. Clarifies that petitions for grandparent visitation rights are to be filed in the juvenile court of the county in which the petitioned child currently resides, rather than simply a court of competent jurisdiction. Allows a sibling or step-sibling to petition the juvenile court for reasonable visitation rights with a brother or sister if a sufficient relationship exists between the children. Defines sufficient relationship. (S: Haynes; H: Garrett) Senate
amendment 1 rewrites the bill to specify that the circuit or chancery court in a child's county of residence is the appropriate court to hear petitions for grandparent visitation rights.
Senate Status: Senate 03/26/2003 passed with amendment.
House Status: House passed 04/21/2003.
Other Status: Enacted as Public Chapter 0079 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 1922
HB 1997*
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Interstate Compact for Juveniles. Rewrites the Interstate Compact for Juveniles. Creates the Interstate Commission for Juveniles as a corporate body and joint agency of the compacting states. Specifies membership of commission to include commissioners appointed from each state in the compact, as well as non-voting members from state's legislative, executive and judicial branches of government. Empowers commission to provide dispute resolution, promulgate rules, oversee the movement of
juveniles, enforce compliance, establish standards, among other things. Authorizes the commission to levy and collect an annual assessment from each compacting state to cover internal operations. Requires each member state to create a state council for interstate juvenile supervision and sets forth general guidelines for membership of such council. Requires enactment of the compact by no less than 35 states before the compact is effective. (23 pp.) (S: Person; H: Chumney) House Children & Family
Affairs Committee amendment 1 rewrites the bill and makes clear that any present laws shall stay in effect until all 35 states adopt enactment of the compact.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Taken off notice in House Finance Budget Subcommittee.
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Link to PDF
Fiscal Note PDF
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HB 0449*
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Permanent parenting plan for non-married parents in court. Requires non-married parents of a minor child for which action is being taken in juvenile court for child support or visitation rights to both agree to a permanent parenting plan. Outlines the specifics of the plan, including a designated process for resolving disputes and ways in which the child is to be cared for. (H: Bowers)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
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Link to PDF
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HB 0936*
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Alternating primary residential custody of child. Permits court to order either temporary or permanent child custody arrangement with the primary residential designation alternating between parents; clarifies time interval of not less than six months with each parent. Allows court discretion to place custody with only one parent when child abuse or endangerment is a concern. Makes maximum parenting time provision for nonresidential parent. (H: Bowers)
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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HB 0938*
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Joint alternating legal child custody. Permits parents to request, when in agreement, joint physical and legal custody. Makes clear that if both parents request sole custody, or one parent wants sole custody and the other wants joint, the court shall order joint legal custody alternating between parents. Allows provision for court's discretion in setting the timing and duration of equaled scheduled alternating custody. Gives the court provision to deviate from joint custody upon
convincing evidence of child abuse. (H: Bowers)
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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| GOVERNMENT CONTRACTS |
SB 0984*
HB 1571
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Consulting fees to legislative officials. Requires disclosure to the registry of finance as public record for persons or entities doing business with state, municipalities, or local governments, or their contractors who pay some form of compensation for consulting services to legislative or executive branch officials or their families. Imposes certain misdemeanor violations for failure to file knowingly or late filing of disclosure. Further requires member or member-elect of state and
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