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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
local legislative body publicly disclose any such consulting fee; clarifies such legislative filing may be in lieu of conflict of interest disclosure of same nature. Exempts persons who file lobbyist disclosures. (S: Miller J.; H: Buck)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: House State Government Subcommittee deferred to January 2005.
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Link to PDF
Fiscal Note PDF
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SB 1424
HB 0114*
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Disclosure of fees for consulting services. Specifies that if a person or other entity doing business with the state of Tennessee, or a subsidiary or contractor of such person or entity, pays a fee or commission for consulting services to an official in the legislative or executive branch, or to the immediate family of such official, then the person or entity must disclose certain information to the registry of election finance. Specifies that it would be a Class A misdemeanor for any
person or entity to knowingly fail to file a disclosure form as required by this bill. Specifies that persons making false statements on the report are subject to perjury penalties. Requires members of the general assembly to file the same disclosure. (S: Jackson; H: Buck)
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 1624*
HB 1460
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Consulting contracts by state entities. Specifies that in contracting for consulting services all executive, legislative, and judicial branch departments and other state agencies, boards, and commissions must first attempt to use the services of state university faculty and staff. If state university personnel are unavailable, then department or state agency can hire outside private-sector consultants. (S: Dixon; H: Chumney)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House State Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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| GOVERNMENT ORGANIZATION |
SB 0210*
HB 0598
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Death Penalty Fairness Study Committee. Creates the Tennessee Death Penalty Fairness Study Committee to study access to justice and other implications of death penalty trials within the state, as well as to make recommendations to guarantee that statewide capital punishment is free from bias and error. Requires specific assignment of 15 members to the committee. (S: Dixon; H: Briley)
Senate Status: Referred to Senate Delayed Bills Committee.
House Status: Referred to House Judiciary.
Other Status: Deferred in Judicial Council to 03/13/2003.
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Link to PDF
Fiscal Note PDF
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SB 0942*
HB 1499
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Sunset - Commission on responsible fatherhood. Sunsets the commission on responsible fatherhood on June 30, 2005. (S: Harper; H: Kernell) Senate amendment 1 terminates the commission on responsible fatherhood.
Senate Status: Senate refused to recede from their actions in non-concurring.
House Status: House 05/28/2003 non-concurred in Senate amendment 1.
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Link to PDF
Fiscal Note PDF
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SB 1290
HB 0925*
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Tennessee code commission vacancy. Creates method to fill vacancy on Tennessee code commission if member becomes incapacitated and therefore unable to serve. (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 1480*
HB 1520
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Sunset - Judicial council. Sunsets the judicial council on June 30, 2009. (S: Harper; H: Kernell) House amendment 2 requires the appointing authorities to give due consideration in the appointments to the need for geographic, racial, gender and ethnic diversity on the council. Prohibits members whose term is set for four years from serving more than two consecutive terms. Specifies that the judicial council may review and comment on any proposed legislation not required to be filed with
council, if such proposed legislation is referred to the council by the chairs of any standing committee or the prime sponsor of the bill. Specifies that when the chair of a committee refers a bill to the council, the chair must notify the prime sponsor of the bill and prohibits the council from reviewing the legislation until such notification has been made. Prohibits the council from making a recommendation for or against passage and limits the comments to the potential effects of the proposed
legislation on the judicial system. Also allows the council to provide any other information which the council may think helpful to the sponsors. Specifies that the standing committees of the general assembly are not required to delay action on proposed legislation, pending review by the council. House amendment 3 extends the Judicial Council for two years.
Senate Status: Senate passed 05/28/2003.
House Status: House Government Operations 05/28/2003 recommended with amendment 1 & 2. Sent to House Calendar & Rules. Set for House Calendar & Rules 05/28/2003. Set for House floor 05/28/2003. House 05/28/2003 passed with amendments 2 and 3. House amendment 2 requires the appointing authorities to give due consideration in the appointments. Prohibits members whose term is set for four years from serving more than two consecutive terms. Specifies that the judicial council may review and
comment on any proposed legislation not required to be filed with council, if such proposed legislation is referred to the council by the chairs of any standing committee or the prime sponsor of the bill. Specifies the chair must notify the prime sponsor of the bill and prohibits the council from reviewing the legislation until such notification has been made. Prohibits the council from making a recommendation for or against passage. House amendment 3 exten
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Link to PDF
Fiscal Note PDF
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SB 1836*
HB 1830
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Review of rejected growth plans. Requires members of the dispute resolution panel appointed to review rejected growth plans to be qualified Supreme Court Rule 31 mediators. (S: Norris; H: Davidson)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
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Link to PDF
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SJR 0015*
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Amendments to constitution to require public referendum. Relative to amendments to the state constitution, requires that referendums be placed on ballot of next regular general election, rather than next gubernatorial election. Requires, for passage of referendums, majority of citizens voting in favor of referendum, rather than majority as determined by number of citizens voting for governor. (S: Cohen) Senate Judiciary Committee amendment 1 requires that for the passage of public
referendums, a majority of citizens voting "on" referendum instead of "in favor of."
Senate Status: Taken off notice in Senate Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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| GOVERNMENT REGULATION |
SB 0039*
HB 0511
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Unsolicited fax transmissions to be regulated by TRA. Transfers authority to regulate unsolicited facsimiles from department of commerce and insurance to Tennessee regulatory authority. (S: Henry; H: Hargrove) House amendment 1 includes interactive computer service provider as defined by federal law in the definition of local exchange company.
Senate Status: Senate 03/31/2003 concurred in House amendment 1.
House Status: House 03/24/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0015 (effective 07/01/2003).
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Link to PDF
Fiscal Note PDF
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SB 0804
HB 0775*
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Social security number as identifying information. Prohibits the use of social security numbers on voter registration cards, hunting or fishing licenses or other permits. Requires social security numbers listed on voter registration records to be suppressed before any dissemination of that registration is made. (S: Person; H: Pleasant)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0850*
HB 1354
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Attorney general reports to house and senate judiciary. Requires the attorney general to certify and report to the house and senate judiciary committee, instances where the attorney general is of the opinion that certain legislation is not constitutional and to report certain cases where the state has been as a party to a suit. (S: Fowler; H: Curtiss)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1469*
HB 1542
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UAPA - Promulgation of rules. Requires all rules to administration of state departments to be promulgated in accordance with Uniform Administrative Procedures Act. Requires memorandum of understanding or written agreement for interdepartmental payments. (S: Harper; H: Cooper B.)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Taken off notice in House Government Operations.
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Link to PDF
Fiscal Note PDF
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SB 1482*
HB 1524
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UAPA - Continuation of permanent rules. Continues permanent rules filed with secretary of state after January 1, 2003 which are scheduled to expire on June 30, 2004. (S: Harper; H: Kernell)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Referred to House Government Operations.
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Link to PDF
Fiscal Note PDF
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SB 1484*
HB 1526
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UAPA - Extends agency rules scheduled to expire. Extends agency rules scheduled to expire on June 30, 2003 pursuant to provisions of UAPA. (S: Harper; H: Kernell) Senate Government Operations amendment 1 deletes rules relative to a Medicaid prescription drug co-pay. Senate Government Operations amendment 2 deletes rules relative to day care transportation.
Senate Status: Senate Government Operations 05/28/2003 recommended with amendment. Senate Government Operations amendment 1 deletes rules relative to a Medicaid prescription drug co-pay. Senate Government Operations amendment 2 deletes rules relative to day care transportation. Set for Senate floor 05/29/2003.
House Status: Set for House Calendar & Rules 05/29/2003. Set for House floor 05/29/2003.
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Link to PDF
Fiscal Note PDF
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SB 1532
HB 0501*
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Consulting fees paid to certain government officials. Requires any person or entity doing business with the state, who pays any form of compensation to an official of the legislative or executive branch for consulting services, to disclose specified information to the registry of election finance. Also applies to consulting services paid to certain municipal and county officials. Requires the government officials receiving such fees to make the same disclosure as those paying such fees.
Adds that violation by a public official covered under this act is subject to a Class A misdemeanor. Exempts attorneys who are members of the general assembly from disclosure requirement when such attorney receives compensation for providing services in the performance of such person's duties as an attorney. (S: Trail; H: Buck)
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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SB 1671
HB 1249*
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Disclosure of fee paid by officials for consulting services. Requires person or entity receiving fee or compensation for consulting services from an official in the legislative branch, an official in the executive branch or the immediate family of either type of official to disclose such information to the registry of election finance. (S: Trail; H: McMillan) House amendment 1 makes the bill. Specifies that if consulting services pay a fee to a general assembly member such member must
disclose that fee. Declares that provisions of bill apply to the legislature as well as the executive branch. House amendment 2 specifies that the provisions of the bill shall apply to local officials as well. Senate State & Local Committee amendment 1 makes the bill. Specifies that if consulting services pay a fee to a general assembly member, such member must disclose that fee. Declares that provisions of bill apply to the legislature as well as the executive branch. Adds the words "and
lobbying" to the provisions of the bill. Extends the provisions of the bill to local government officials. House amendment 2 specifies that the provisions of the bill shall apply to local officials as well.
Senate Status: Set for Senate floor 05/29/2003.
House Status: House 04/10/2003 passed with amendments 1 and 2.
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Link to PDF
Fiscal Note PDF
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| HEALTH CARE |
SB 0178
HB 0236*
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Abuse and neglect of patients. Defines "abuse, neglect or mistreatment" in regard to mental health service and facilities as the intentional infliction of pain, injury, mental anguish, or misappropriation of property, or the deprivation of services by caretaker of a vulnerable minor or elder. (S: Crutchfield; H: Newton) Senate amendment 1 rewrites the bill to add definitions. Defines "abuse" as the knowing infliction of injury, unreasonable confinement, intimidation, or punishment;
defines "misappropriation of property" as the deliberate replacement, exploitation or wrongful use of possessions without consent; defines "neglect" as failure to provide goods or services necessary to prevent certain harms or that may result in certain harms.
Senate Status: Senate 04/28/2003 passed with amendment.
House Status: House passed 04/28/2003.
Other Status: Enacted as Public Chapter 0103 (effective 05/12/2003).
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Link to PDF
Fiscal Note PDF
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SB 0724
HB 0771*
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Patient Hearing Health Improvement Act of 2003. Requires a referral to a licensed physician for medical evaluation and diagnosis when specified otologic conditions are presented by a patient or detectable through a hearing test. Prohibits a hearing instrument from being fitted until medical clearance is obtained for the condition noted or a waiver of such medical clearance is provided by a person 18 years of age or older for the limited reason of a religious objection to being treated by
a physician. Specifies that a consumer is not required to obtain medical clearance for the repurchase of a hearing instrument once a medical evaluation and clearance has been obtained for certain otologic conditions that are permanent. (S: Burchett; H: Buttry)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Taken off notice in House Professional Occupations Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0892*
HB 1132
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Restrictions on general public hospital board members. Prohibits members of the board of directors of a hospital and medical service corporations (BlueCross BlueShield) who are categorized as general public members from accepting any consulting, advisory or other compensatory fees from such hospital or service corporation. Imposes a $10 per day fine on any hospital board member who fails to timely file a conflict of interest disclosure with the secretary of state. (S: Clabough; H: Briley)
Senate Status: Withdrawn in Senate 04/28/2003.
House Status: Withdrawn on the House floor 05/05/2003.
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Link to PDF
Fiscal Note PDF
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SB 0893*
HB 1133
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Service corporations registration requirements. Requires each domestic hospital and medical service corporations (Blue Cross Blue Shield) to file a registration statement for the previous year, with the commissioner of commerce and insurance, in the manner prescribed for insurers and health maintenance organizations, by April 30 of each year. (S: Clabough; H: Briley)
Senate Status: Withdrawn in Senate 04/28/2003.
House Status: Withdrawn on the House floor 05/05/2003.
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Link to PDF
Fiscal Note PDF
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SB 1045
HB 0868*
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Uniform Health Care Decisions Act. Cites the Uniform Health Care Decision Act. Gives adult or emancipated minor authority to execute power of attorney for healthcare over someone whom, determined by a physician, lacks capacity; clarifies power includes ability to initiate or revoke healthcare. Creates patient's Advance Health Care Directive form which declares patient's rights, provides power-of-attorney decisions, presents organ-donor and living-will decisions, and allows designation of
physician with primary responsibility over patient's healthcare. Provides certain good-faith margins concerning criminal liability of healthcare provider, lack of judicial approval for agent of patient; revises withholding of resuscitative service regulations. (20 pp.) (S: Fowler; H: Davis) House Civil Practice Subcommittee amendment 1 removes the word "surrogate" and clarifies that the bill has nothing to do with mental health issues that are longstanding.
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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SB 1267*
HB 1382
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Living wills and do-not-resuscitate orders on the internet. Authorizes the commissioner of health to develop forms for living wills, do-not-resuscitate orders and durable powers of attorney for health care. Authorizes the commissioner to post forms and instructions on how to complete forms on the internet. By rule, the commissioner may develop a system for maintaining information on individuals' living wills, do-not-resuscitate orders and durable powers of attorney for health care on the
internet. (S: McNally; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1659
HB 0986*
|
Testimonial privilege. Waives testimonial privileged communications between patient and healthcare facility to keep medical information confidential if patient or agent gives express consent, if spouse or executor of deceased patient's estate gives express consent, or if civil action is taken with patient's physical or mental condition in question. Clarifies testimonial privilege waiver notwithstanding above any other law. (S: Norris; H: Overbey)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: House Civil Practice Subcommittee deferred to January 2004.
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Link to PDF
Fiscal Note PDF
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| INSURANCE AUTOMOBILES |
SB 1003
HB 0761*
|
Proof of financial responsibility required for recovery. Stipulates if an owner of an automobile involved in an accident did not maintain proof of financial responsibility, then such owner is not entitled to recover damages for the first $10,000 of bodily injury or property damage resulting from a civil action related to the accident. Also adds that vehicle owner who fails to maintain proof of financial responsibility and is awarded an amount equal to or less than the required amount of
insurance, shall be liable for all court costs incurred by all parties to an action, regardless of fault. Protects insurer's rights of subrogation for claims paid for the recovery of any sum in excess of $10,000. (S: Norris; H: Todd)
Senate Status: Referred to Senate Transportation.
House Status: House Civil Practice Subcommittee deferred to January of 2004.
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Link to PDF
Fiscal Note PDF
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| INSURANCE GENERAL |
SB 0411*
HB 0758
|
Preferences in coverage. Allows insurers to make preferences or distinctions in insurance coverage, rates, premiums, benefits or conditions based on membership in professional association with more than 5,000 dues paying members residing or practicing in at least 80 counties in Tennessee. (S: Cooper J.; H: Hargrove) House Commerce Industrial Impact Subcommittee amendment 1 strips the bill and deletes the TCA section dealing with the prohibition and exception to certain preferences or
distinctions in certain insurance transaction.
Senate Status: Senate passed 04/07/2003.
House Status: House passed 03/31/2003.
Other Status: Enacted as Public Chapter 0054 (effective 04/23/2003).
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Link to PDF
Fiscal Note PDF
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SB 0769*
HB 1384
|
Reinsurance requirements. Requires that reinsurance contracts provide that if ceding insurer becomes insolvent, reinsurance is payable by assuming insurer on the basis of reported claims allowed by liquidation court. Provides for alternatives to direct payment to ceding insurer or its domiciliary liquidator. If insurance guaranty association has elected to succeed to rights and obligations of insolvent insurer under reinsurance contract, reinsurer remains liable to pay claims if its
premiums are paid. Provides for payments of such claims only at direction of guaranty association or its designated successor. (S: Graves; H: Sargent)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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Link to PDF
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SB 1004
HB 1246*
|
Termination of insurance based on divorce. Prohibits the automatic termination of insurance coverage for a spouse or any dependent children covered under the policy when solely based on the divorce of the parties. Allows 91 days for the surviving or divorced spouse and any dependent children to have issued an individual or group policy of accident and sickness insurance when the policy is terminated by reason of death or divorce. (S: Norris; H: Chumney) House Commerce Industrial Impact
Subcommittee amendment 1 instructs premium not to exceed 105% and requires a report be filed detailing policy termination.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to Study Committee for Affordable Health Insurance.
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Link to PDF
Fiscal Note PDF
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SB 1142*
HB 1331
|
Covered claims and guaranty associations. (1) Increases cap on liability of Tennessee Insurance Guaranty Fund (Fund) to $200,000 from $100,000 to pay claims of insolvent insurance company. (2) Specifies that Fund has right to recover for amounts paid by Fund, whether amounts paid are for indemnity, defense, or otherwise. (3) Provides that insured's net worth, for purposes of determining Fund's ability to recover from that insured, is deemed to include aggregate net worth of insured and
all of its subsidiaries or person that insured controls, is controlled by, or is under common control with insured, either directly or indirectly. (S: Kyle; H: Wood)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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Link to PDF
Fiscal Note PDF
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SB 1335*
HB 1564
|
Refund of gross unearned premium. Increases to 90 days from 60 days the time in which an insurer must refund gross unearned premium to premium finance company upon cancellation. Increases to 60 days from 30 days the time period in which premium finance company must refund to insured surplus over amount due from insured upon return from insurer. (S: Person; H: McMillan)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
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Link to PDF
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SB 1494*
HB 1332
|
Payment of commissions and fees. Deletes the current law provision allowing an insurer or insurance producer to pay or assign commissions, service fees, brokerages or other valuable consideration to persons who do not sell, solicit or negotiate insurance in this state if such persons are creditors of the insurance producer. (S: Kyle; H: Wood)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
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Link to PDF
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SB 1616
HB 0022*
|
Insurance companies barred from using credit history. Prohibits insurance companies from using an individual's credit rating or history to manipulate terms of the policy, charge higher premiums, canceling or declining to issue property or casualty policy sought for personal, family or household purposes. (S: Harper; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Industrial Impact Subcommittee.
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Link to PDF
Fiscal Note PDF
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| INSURANCE HEALTH |
SB 0290*
HB 0845
|
Comprehensive Health Insurance Pool Act. Enacts the Comprehensive Health Insurance Pool Act. Requires all health insurance companies in this state that provide health plan benefits to be members of the pool. Requires the commissioner of finance and administration to set up a board of directors over such pool. Requires such board to annually submit a funding and operation plan to the commissioner. Authorizes the board to enter into certain contracts and define specified actuarial issues.
Allows any individual, including eligible dependents, who has lived in the state for at least one year to participate in such coverage, with some specified exceptions. (18 pp.) (S: Clabough; H: McCord)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Government Operations.
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Link to PDF
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SB 0460*
HB 1439
|
Recoupment of health care provider claims regulated. Establishes mechanism to regulate recoupment of health care provider claims by insurance companies, managed care organizations, non-profit hospitals and medical service corporations. (S: McNally; H: Shepard) Senate amendment 1 increases to 18 months from 12 months the time allowed for recoupment of payments. Increases to 18 months from 12 months the time a health insurance entity may deny reimbursements to provider. Increases to $750
from $500 the amount of claim penalty. Includes certain authorities with whom the provisions will not interfere. Changes the venue to obtain injunctive or other appropriate relief from the chancery court of Davidson County to the court in the county in which the provider practices. Senate amendment 2 rewords language concerning recouped pending or future claims.
Senate Status: Senate 05/05/2003 passed with amendments 1 and 2.
House Status: House passed 05/21/2003.
Other Status: Sent to governor 05/21/2003.
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Link to PDF
Fiscal Note PDF
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SB 0652
HB 0797*
|
Malpractice insurance provider subject to inspection. Expands power of department of commerce and insurance to examine and investigate affairs of every person, entity, company, or organization providing malpractice insurance, or their affiliate or parent company. Investigation shall be for the purposes of supervision, regulation, rehabilitation, or liquidation of such insurance companies providing malpractice insurance, (S: Cooper J.; H: Curtiss)
Senate Status: Senate passed 03/03/2003.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
Fiscal Note PDF
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HJR 0088
|
Reporting on malpractice insurance. Requests department of commerce and insurance report to general assembly on legal authorization needed to examine number of professionals and health care facilities having malpractice insurance from companies organized as risk retention groups which have ceded all their assets and liabilities to out-of-state re-insurors. (H: DeBerry J.)
House Status: Introduced 2/26/2003
|
|
| JUDICIARY |
SB 0036*
HB 0231
|
Administration of oaths by general sessions judges. Specifies that general sessions judges may administer oath of office for any elected or appointed official. (S: McNally; H: Hackworth)
Senate Status: Senate passed 02/24/2003.
House Status: House passed 03/17/2003.
Other Status: Enacted as Public Chapter 0005 (effective 03/28/2003).
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Link to PDF
Fiscal Note PDF
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SB 0049
HB 0167*
|
Inspection of juvenile court records by principal. Authorizes principal, principal-teacher or assistant principal from any public school to inspect juvenile court records or files for the sole purpose of determining whether a child is legally charged with a felony and if such child's continued presence in school poses a danger to persons or property or disrupts the educational process. (S: Cooper J.; H: Fraley)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended
against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study.
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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SB 0064*
HB 0407
|
New chancellor and judgeships in the 20th judicial district. Creates a new chancellor position and two new criminal court judge positions in the 20th judicial district. (S: Haynes; H: Briley) Senate amendment 1 makes the bill subject to funding.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Senate 05/07/2003 passed with amendment.
House Status: Set for House floor 05/15/2003. 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 0135*
HB 0298
|
Employment of outside counsel. Prohibits the attorney general from employing outside counsel who is currently involved in action against the state. (S: Fowler; H: Cochran)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
Fiscal Note PDF
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SB 0155*
HB 1558
|
Bail bonds - duration of bond or recognizance. If a defendant forfeits on bond or recognizance but is returned to the court prior to final judgment of forfeiture, the court shall not reinstate or continue the bond without the written authorization of the bondsman. Court is permitted to set new bond, however, relieving bondsman of further liability on the bond. If a defendant is detained in another state that refuses extradition, the bondsman is relieved of liability on the bond. If a
person is not qualified to be a bondsman, neither are they permitted to be employed by, serve as an agent of, own, operate or hold stock in a company operating as a bail bond company. Increases compensation for court-appointed bail bondsman investigators to $100 from $10 per day. States that funds for investigators' compensation shall come from the bail bond tax, not from the general funds of the county. Permits sureties of a bond on which there has been a conditional forfeiture to start legal
proceedings immediately against the indemnitors. Expands bail bond tax to include releases of any and all kinds issued by the court. (S: Dixon; H: Jones U.)
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 Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
|
SB 0158*
HB 0300
|
Judicial selection and evaluation. Adds preservation of separation of powers doctrine to the declared purpose of the judicial selection commission. (S: Fowler; H: Cochran)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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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SB 0159*
HB 0299
|
Requirements for judicial selection commission. Requires the judicial selection commission to determine whether a nominee will adhere to the doctrine of separation of powers in interpreting the state constitution and legislative statutes during the course of evaluating any judicial nominees. (S: Fowler; H: Cochran)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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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SB 0160*
HB 0659
|
Elective office of the solicitor general. Establishes the elective office of solicitor general. Transfers all duties currently performed by the attorney general except for the reporting of opinions of the supreme court of Tennessee. Transfers the employees associated with the attorney general to the solicitor general. Sets the salary for solicitor general at the same rate of pay as an associate justice of the supreme court. (S: Fowler; H: Dunn)
Tennessee Judicial Council comment:
Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
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Link to PDF
|
SB 0366
HB 0130*
|
Sunshine in Litigation Act. Prohibits any court from entering an order or judgment that has the purpose or effect of concealing a public hazard or any information useful to the public in protecting themselves from injury. Prohibits the enforcement of any portion of an agreement or contract which has the intent of concealing a public hazard. Confers legal standing to contest an order, judgment, agreement or contract that violates this act by court motion. Provides for court examination of
disputed information or materials. Also voids any portion of an agreement or contract which has the objective of concealing information relating to the settlement or resolution of any claim or action against the state or state agencies. Clarifies that bill does not apply to trade secrets or any proprietary confidential business information. (S: Crutchfield; H: Buck)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 0400*
HB 1022
|
Juvenile appeals subject to TN Rules of appellate procedure. Makes Tennessee rules of appellate procedure applicable to all appeals from juvenile court. (S: Graves; H: Davidson)
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 Family Justice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
|
SB 0427*
HB 1264
|
Adjustments of salaries for general sessions court judges. Provides that if county moves into higher population classification based upon subsequent census, salary of general sessions judge of county shall be determined by salary of higher classification for remainder of term. Adds that in no instance shall a judge's salary, for a county moving into a higher classification, be less than the salary paid prior to the reclassification. (S: Cooper J.; H: Curtiss) Senate amendment 2 declares
that if a county moves into a higher class as enumerated in the bill, the salary of the judge shall be determined by the higher classification for the remainder of the term for which the judge was elected. Adds that in no instance shall a judge's salary, for a county moving into a higher classification, be less than the salary paid prior to the classification.
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Senate 04/30/2003 passed with amendment 2.
House Status: House passed 05/19/2003.
Other Status: Sent to governor 05/19/2003.
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Link to PDF
Fiscal Note PDF
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SB 0491
HB 0296*
|
Filing of grand jury indictments. Requires grand jury indictments to be presented by the foreman to the clerk of the court for filing. (S: Burks; H: Windle) House amendment 1 changes the effective date of the bill from July 1, 2003 to upon becoming law.
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Senate 04/28/2003 concurred in House amendment 1.
House Status: House 04/21/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0064 (effective 05/02/2003).
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Link to PDF
Fiscal Note PDF
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SB 0534*
HB 1245
|
Bail bondsmen's liability for forfeiture. Revises provisions relative to forfeiture of bail bonds and bail bondsmen's liability. Prohibits jailers, attorneys, police officers, convicted felons, committing magistrates, municipal or magistrate court judges, clerks or deputy clerks, sheriffs, deputy sheriffs, constables and any other officers with powers to arrest from working for or owning company that owns bail bond company. Increases remuneration for services rendered to $100 from $10 per
day to court-appointed investigator of bail bondsman's solvency. Requires such services to be compensated from bail bond tax rather than from the general fund of the county. (S: Ford J.; H: Chumney)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice 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 0535*
HB 1842
|
Class awarded 80% of class action suit. Entitles class to at least 80% of any settlement awarded in a class action suit. (S: Miller J.; H: Bunch)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 0610*
HB 0837
|
Funding of district attorneys general. Requires budget for the operation of the office of executive director of the district attorneys general conference to include funding provided by state appropriations, local governments and other sources. Also limits expenditures by district attorneys general from Fraud and Economic Crime fund. (S: Jackson; H: Head) House amendment 2 specifies that the use of such funds must be directly related to fulfilling the prosecutorial duties of the district
attorney general and may include uses for certain items. Also specifies that such funds may not be used to pay travel expenses in excess of rates authorized under state travel regulations. Under this amendment, the following would be additional authorized uses of the monies in the fund: (1) Matching federal grants directly related to prosecutorial duties of the district attorney; (2) Salaries and salary supplements, which may only be paid through the district attorneys general conference for
support staff. The conference must perform, or cause to be performed, a classification/compensation study of support staff reasonably required for the effective operation of district attorneys offices; and (3) The expenses of travel in the performance of official duties of the office that are directly related to prosecution of fraud and economic crimes and general criminal law enforcement when funds for such travel are not available, subject to and not in excess of state travel regulations.
Also, in relation to the use of such moneys from the fund, the hiring of expert witnesses would not be limited to fraud and economic fraud cases. Payment for specialized training for staff members would be limited to in-state programs, unless the district attorney determines that such training is essential and not reasonably available within the state. Specifies that the immunity from liability of district attorneys general, assistant district attorneys general, and employees would not apply to
acts relating to the expenditure of and accounting for moneys collected under the Act. Removes the authorization for the district attorney general to use the moneys to supplement salaries where the state lacks funds to pay salaries and benefits. House amendment 3 corrects a TCA citation.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Senate 05/22/2003 passed with amendment.
House Status: House 05/22/2003 passed with amendments 2 and 3.
Other Status: Sent to governor 05/22/2003.
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Link to PDF
Fiscal Note PDF
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SB 0706*
HB 0955
|
Relatives who can require bond of the attorney in fact. Changes language from "next of kin" to "relative" of principal who has executed a durable power of attorney, who may petition the court to require a bond of the attorney in fact. Defines relative for the purposes of this part. Allows petition of the court at any time rather than specifically upon disability or incapacitation of the principal. (S: Harper; H: Pruitt)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0735
HB 0570*
|
Code of Professional Responsibility. Changes Code of Professional Responsibilities to Tennessee Rules of Professional Conduct with regard to governing the professional conduct of lawyers and judges. (S: Herron; H: Fowlkes) Senate amendment 1 inserts the letters RPC (Rules of Professional Conduct) in place of the word "rule".
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Senate 04/24/2003 passed with amendment.
House Status: House 04/28/2003 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0112 (effective 05/12/2003).
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Link to PDF
Fiscal Note PDF
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SB 0783*
HB 1415
|
Felon to remain on bail if deemed not dangerous. Authorizes trial judge to order defendant convicted of certain serious felonies to remain on bail pending appeal process. Trial judge must find defendant is not dangerous, will not flee and that there are substantial questions of law or fact likely to result in reversal, order for a new trial or less prison time than already served by the defendant. (S: Cohen; H: Buck) House Judiciary amendment 1, Senate amendment 1 requires the trial judge
to find that the defendant is not dangerous, will not flee and there are substantial question of law likely to result in reversal before such judge can determine to not revoke bail for defendants convicted of either first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or drug violations. deletes the language "or fact."
Tennessee Judicial Council approved with amendments 03/13/2003; released to standing committees.
Senate Status: Failed 04/23/2003 in Senate after adopting amendment 1.
House Status: Held on House clerk's desk.
Other Status: Tennessee Judicial Council approved with amendments 03/13/2003; released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 0785
HB 0572*
|
Municipal Court. Declares that the general assembly shall not, through private act or amendment to a municipal charter, allow or provide for a municipal court until the judicial council has heard the report, examined the issue and made recommendations to the general assembly concerning the proliferation of municipal courts in Tennessee. Adds that general assembly must have at least one session to consider the issue and determine whether any legislative changes are necessary. (S: Person;
H: Fowlkes) Senate amendment 1 rewrites the bill. Specifies that moratorium ends December 31, 2003. Declares that existing city courts can take on general sessions jurisdiction. Declares that the general assembly shall not allow or provide for the creation of a municipal court with concurrent general sessions jurisdictions until the Tennessee judicial council has heard the report and made a recommendation to the general assembly. Requires the judicial council to file report with the general
assembly no later than February 1, 2004. House amendment 1 rewrites the bill. Specifies that moratorium ends December 31, 2003. Declares that existing city courts can take on general sessions jurisdiction. Declares that the general assembly shall not allow or provide for the creation of a municipal court with concurrent general sessions jurisdictions until the Tennessee judicial council has heard the report and made a recommendation to the general assembly.
Senate Status: Senate 04/24/2003 passed with amendment.
House Status: House 04/28/2003 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0113 (effective 05/12/2003).
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Link to PDF
Fiscal Note PDF
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SB 0791
HB 0499*
|
Juvenile court clerks. Specifies that no later than July 1, 2006, in those counties in which the general sessions court is also the juvenile court, the clerk of the court of general sessions is to also serve as the juvenile court clerk. (S: Person; H: Buck) Senate amendment 1 exempts Putnam County from the provisions of the bill. Senate amendment 2 exempts Union County from the provisions of the bill. Senate amendment 3 exempts Claiborne County from the provisions of the bill. Senate
amendment 4 exempts Dyer County from the provisions of the bill. Senate amendment 5 authorizes the clerk of the Cumberland County court with juvenile jurisdiction to continue to serve as court clerk. House amendment 1 adds the words "or clerk and master." House amendment 2 exempts Grundy, Marion, Sequatchie and Van Buren counties from the provisions of the bill. House amendment 3 places Claiborne County back within the provisions of the bill. House amendment 4 adds a severability
clause.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Senate 05/14/2003 concurred in House amendments 1, 2, 3 & 4.
House Status: House 05/08/2003 passed with amendments 3, 4 and previously adopted amendments 1 and 2.
Other Status: Sent to governor 05/14/2003.
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Link to PDF
Fiscal Note PDF
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SB 0793*
HB 1325
|
Filing fee increase. Increases fee paid to court clerk for filing instruments to $4 from $2. Increases fee for entering each judgment to $5 from $3. (S: Person; H: Kent) House Judicial Administration Subcommittee amendment 1 takes away state payment for fiscal purposes.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 0794*
HB 1324
|
Fees paid to clerks of courts recoverable as money judgment. The clerks of the courts shall not be bound to pay to any successful party the funds which have been collected previously from such party in payment of fees, other costs and litigation taxes. Instead, such fees may be collected from the losing party in the same manner as a money judgment. (S: Person; H: Kent)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 0845*
HB 1924
|
Meetings of judicial selection commission. Clarifies that meetings of judicial selection commission are subject to open meetings law. (S: Fowler; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 0849*
HB 1857
|
Payment to attorneys employed to defend state statute. Requires cases in which the attorney general has certified to the speaker of each house the decision not to defend the constitutionality of any statute, that attorneys employed to defend such statutes must be paid out of budget of the attorney general rather than from the state treasury. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0853*
HB 1856
|
Cost-of-living adjustments for court justices. Abolishes automatic cost-of-living adjustments to salaries of justices of supreme court beginning with September 2006 election. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0864
HB 0796*
|
Senior judge status. Reduces number of years of creditable service state justice or judge must have in order to request designation as senior justice or judge to five years from eight years. (S: Ramsey; H: Patton)
Tennessee Judicial Council took no action on the bill 02/27/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Judiciary 04/09/2003.
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 0933*
HB 1929
|
Judicial council to redraw judicial districts. Requires the judicial council to devise and submit a plan to the general assembly, by January 1, 2004 to realign and reconstitute the existing judicial districts. Requires the judicial districts to be constituted on the basis of population to the end that each district will consist of substantially equal population. (S: Fowler; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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SB 0966*
HB 1868
|
Multiple garnishments to run concurrently. Authorizes court to permit multiple garnishments of debtor to run concurrently as long as sufficient funds are available in excess of maximum exemption amount. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1000*
HB 1872
|
Multiple garnishments. Authorizes clerk to issue multiple garnishments and executions upon proper request of party. (S: Norris; H: Bunch)
Tennessee Judicial Council approved 02/27/2003 with amendment which strikes last sentence in section 1 of bill; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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 1007
HB 1007*
|
Ex parte discussions - attorneys and health care providers. Allows health care providers to be interviewed concerning plaintiffs in civil action or those under legal control of plaintiff where mental or physical condition is in controversy. Clarifies that by instituting such action, plaintiff waives confidentiality covenants between plaintiff and health care provider. (S: Norris; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1012
HB 0821*
|
Judgment debtor cannot get automatic stay of garnishment. Abolishes the current law provision which provides a person who files a motion to pay a judgment in installment payments, from receiving an automatic stay of execution of garnishment. (S: Norris; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1055
HB 1078*
|
Moratorium on new municipal courts. Imposes moratorium on creation of new municipal courts either by general assembly or home rule municipalities until such time as committee appointed by judicial council studies matter, makes recommendations to general assembly and general assembly has had one session to consider recommendations. (S: Herron; H: Maddox)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judicial Administration Subcommittee deferred to last calendar.
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Link to PDF
Fiscal Note PDF
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SB 1140
HB 0106*
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Claims in general sessions court. Clarifies limitation of actions relative to certain counterclaims or third party complaints in general sessions court. Specifies that if a plaintiff commences a suit in general sessions court within any applicable statute of limitations, any claim the defendant may have against the plaintiff is not barred by the applicable statute of limitations if it was not barred at the time the plaintiff commenced suit. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1159*
HB 1446
|
Immunity for certain attorneys representing indigents. Grants same immunity for court appointed attorneys while representing indigents as that of public defenders. (S: Crowe; H: Cochran)
Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 1247
HB 0695*
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Service of summons before execution of judgment. Increases the number of days allowed after a summons is served to 45 days from 30 days, before an execution or other process of enforcement of a foreign judgment occurs. (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 1350*
HB 1413
|
Litigation Reform Act of 2003. Enacts "Litigation Reform Act of 2003" which allows a party to file an action under a pseudonym. Requires any pleading filed with a pseudonym to be accompanied by an affidavit stating specific facts explaining why anonymity of the party is necessary. (S: Person; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 1352
HB 0131*
|
Additional public defenders for 20th and 30th districts. Creates additional assistant public defenders for 20th and 30th judicial districts in a manner consistent with the most current case weighting study. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committee.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
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Link to PDF
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SB 1354
HB 0492*
|
TnCIS steering committee extension. Extends Tennessee Court Information System (TnCIS) steering committee to a period not to exceed five years from June 30, 2001. Current law extends committee to a period not to exceed five years from June 30, 1999. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1357
HB 0494*
|
TN Judicial Election Reform Act of 2003. Imposes a litigation tax of 25 cents on each civil suit and in each criminal case instituted in a state or a local court. Funds collected from this tax are to be deposited into a restricted revolving fund in the state treasury known as the Tennessee Judicial Election Reform Act of 2003 Fund. Specifies that fund may be used for payments by the treasurer to eligible candidates of a political party as determined by the commission. Defines "candidate"
as an individual who seeks nomination for election to be a judge of any appellate or trial court of Tennessee. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Government Operations.
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Link to PDF
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SB 1358
HB 0077*
|
More assistant district attorneys. Increases the number of assistant district attorneys and criminal investigators in most judicial districts. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
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Link to PDF
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SB 1412
HB 0158*
|
Judicial system programs and fees. Terminates the Tennessee court information system (TnCIS) program. Terminates the narcotics division of the Tennessee Bureau of Investigation. Increases to $30 the fee collected upon conviction of certain offenses which is used to purchase breathalyzer tests. Assesses a $50 fee upon defendant making application for pretrial diversion. Authorizes the general assembly to appropriate certain excess funds deposited into the Criminal Injuries Compensation
Fund. Specifies excess funds (up to $132,000) to be used solely to enable the district attorneys general conference to continue domestic violence and drug enforcement positions previously funded by federal grant. Adds a $10 privilege tax on litigation on each original proceeding in a juvenile court. Broadly captioned. (S: Jackson; H: Buck) Senate Judiciary, House amendment 1 defines "grand division" for purpose of bringing Cumberland County into middle grand division.
Senate Status: Set for Senate floor 05/29/2003.
House Status: House Budget Subcommittee recommended with amendment 05/27/2003. Sent to House Finance, Ways & Means. House Finance Budget Subcommittee amendment 1 defines "grand division" for purpose of bringing Cumberland County into middle grand division. Set for House Finance 05/27/2003. House Finance recommended with amendment 05/27/2003. Sent to House Calendar and Rules. House Finance amendment 1 defines "grand division" for purpose of bringing Cumberland County into middle grand
division. Set for House Calendar and Rules 05/27/2003. Set for House floor calendar 05/27/2003. House passed with amendment 1. House amendment 1 defines "grand division" for purpose of bringing Cumberland County into middle grand division.
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Link to PDF
Fiscal Note PDF
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SB 1417
HB 0137*
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Sanctions for frivolous filing of order of protection. States that if the court finds that an order of protection was filed frivolously or for the purpose of harassing the respondent, the court may impose sanctions upon the petitioner. Such sanctions include: the court may require the petitioner to pay respondent's attorney fees in defending himself, loss of wages, or other expenses reasonably incurred by the respondent. (S: Jackson; H: Buck)
Tennessee Judicial Council comment:
Tennessee Judicial Council approved 02/13/2003; released to standing committees if amended to delete the verbiage "any applicable bond premiums."
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees if amended to delete the verbiage "any applicable bond premiums."
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Link to PDF
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SB 1427
HB 0088*
|
Penalty for failure to execute proper return of process. Increases penalty for failure of sheriff or other officer to execute and make timely and proper return of any court-issued process to $150 from $125. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1457
HB 1152*
|
Appeal from decision of probate court. Provides in Blount, Sevier, Jefferson, and Loudon Counties that appeal from any settlement, decision, ruling, order, or judgment of probate court goes to court of appeals even if the probate court judge is not circuit court judge or chancellor of the judicial district. (S: Clabough; H: Overbey)
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Senate passed 05/05/2003.
House Status: House passed 03/27/2003.
Other Status: Enacted as Public Chapter 0157 (effective 05/19/2003).
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Link to PDF
Fiscal Note PDF
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SB 1542
HB 0163*
|
Time limit for malpractice suit of an attorney. Limits action or suit being brought for the malpractice of an attorney to ten years after the date on which the negligent act or omission occurred. Allows exception of one year after discovery of the action for fraudulent concealment by the defendant. (S: Haynes; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 1741*
HB 1718
|
Invasion of privacy - communication interception. Requires in regard to the exclusion from privacy invasion that all parties to a communication, rather than one person to a communication, have given prior consent to all parties, rather than consent to one person, to intercept wire, oral or electronic communication. Prohibits communication interception for criminal or tortious violations. (S: Cooper J.; H: Curtiss)
Senate Status: Withdrawn in Senate 03/10/2003.
House Status: Withdrawn in House 03/10/2003.
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Link to PDF
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SB 1750*
HB 1673
|
Appointment of judicial commissioners. Requires presiding general sessions criminal judge of any county that appoints judicial commissioners to establish qualifications and training necessary for person to be appointed as judicial commissioner. Also requires any person who has been appointed as a judicial commissioner prior to the enactment of this act to meet the qualifications and receive the training established by such judge to continue serving as a judicial commissioner. (S: Cooper
J.; H: Matheny) House Judiciary Committee amendment 1 tasks the county executive and county commission with ratifying the general sessions judges training program.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Senate passed 03/31/2003.
House Status: House Judiciary 04/16/2003 recommended with amendment. Sent to House Calendar & Rules.
Other Status: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
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Link to PDF
Fiscal Note PDF
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SB 1766*
HB 1898
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Private Process Servers Regulatory Act. Requires only certified law enforcement officers or other individuals licensed through secretary of state to serve process; demands $200 license fee with $100 annual renewal fee. Clarifies that server must return served process endorsed with state identification number and signature; implements class C misdemeanor for professional misconduct. Excludes certain court clerk duties to defendants concerning process. Imposes class C misdemeanor for any
public utility refuse assistance in providing current addresses of customers to any officer or licensed process server. (S: Burchett; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1798
HB 1696*
|
Form of bail in certain cases. Permits judge or chancellor to require that form of bail bond be cash deposit bond if bailable offense involves worthless check, child custody or support violation or a violation of the defendant's probation. (S: Bryson; H: Casada) House Judiciary Committee amendment 1 makes a cash bond optional by substituting the words "may be a cash bond."
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 04/14/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 04/14/2003.
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Link to PDF
Fiscal Note PDF
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SB 1876
HB 1662*
|
Form and amount of bail in misdemeanor. Allows judge or chancellor to determine the form that a bail bond should take, including cash deposit bond, the amount of the bond and the conditions of release on bond. Clarifies that this authority is not to be construed as authorizing a judge or chancellor to abrogate defendant's constitutional right to be admitted to bail. (S: Kyle; H: Kent)
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 Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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Link to PDF
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SB 1987*
HB 2068
|
Adjustments to salaries of general sessions court judges. Clarifies that when a county moves into a higher population classification based upon a subsequent census, that the salary of a general sessions judge of such county must be determined by the higher classification for the remainder of the term but cannot be less than such judge's present salary. (S: Burks; H: Walker R.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to Delayed Bills Committee.
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Link to PDF
Fiscal Note PDF
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HB 0497*
|
Release of bail bondsman or surety from obligation. Deletes provision, in cases where defendant is convicted or pleads guilty, whereby surety remains liable on criminal appearance bond until court renders defendant's sentence, unless relieved by court. (H: Buck)
House Status: Referred to House Judiciary.
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Link to PDF
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HB 1873*
|
Supreme Court judges to be elected in open elections. Requires the judges of the Supreme Court to be elected in open competitive elections rather than the retention election used in the Tennessee Plan, effective September 1, 2003. (H: Bunch)
House Status: Referred to House Judiciary.
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Link to PDF
Fiscal Note PDF
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HB 1874*
|
Write-in ballots for appellate court retention vote. Permits write-in ballots for appellate court retention election. Declares that any voter casting a ballot for a judicial candidate whose name is not submitted to the electorate may request a write-in ballot from the ballot judge before going into the voter's booth. Establishes provision for majority rule in favor of write-in candidate; specifies that the write-in shall be duly elected to office for the remainder of term. (H: Bunch)
House Status: Referred to House Judiciary.
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Link to PDF
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SJR 0052
|
Constitutional amendment - Election of 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: Miller J.)
Senate Status: Introduced 2/6/2003
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Link to PDF
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HR 0019
|
TN rules of appellate procedure. Approves amendments to Tennessee rules of appellate procedure promulgated by supreme court. (H: Fowlkes)
House Status: House 03/03/2003 adopted.
Other Status: Sent to governor 03/03/2003.
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Link to PDF
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HR 0020
|
TN rules of criminal procedure. Approves amendments to Tennessee rules of criminal procedure promulgated by supreme court. (H: Fowlkes)
House Status: House 03/03/2003 adopted.
Other Status: Sent to governor 03/03/2003.
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Link to PDF
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HR 0021
|
TN rules of civil procedure. Approves the amendments and revisions to the Tennessee rules of civil procedure, promulgated by the supreme court. (H: Fowlkes)
House Status: House 03/03/2003 adopted.
Other Status: Sent to governor 03/03/2003.
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Link to PDF
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HR 0022
|
Rules of evidence. Approves amendments to Tennessee rules of evidence promulgated by supreme court. (H: Fowlkes)
House Status: House 03/10/2003 adopted.
Other Status: Sent to governor 03/10/2003.
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Link to PDF
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| MEDIA & PUBLISHING |
SB 1085
HB 0782*
|
TN Personal and Commercial Computer Act of 2003. Specifies that anyone who knowingly accesses any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system or computer network for the purpose of obtaining money, property, or services by means of fraudulent pretenses is subject to the same penalties as theft. Establishes certain offenses related to fraudulent use of e-mail including spam. and specifies penalties. (9 pp.) (S:
Jackson; H: Patton) Senate amendment 1 specifies that the intentional and unauthorized input of any computer contaminant into any computer, system, or network and the intentional and unauthorized access of any computer, system, or network for the purpose of gaining access to computer material must be "malicious" in order to be punishable as a crime under this bill. Senate amendment 2 clarifies that effecting the creation or alteration of a financial instrument or electronic transfer of funds
must be done "with the intent to disrupt, alter or misappropriate or commit fraud" in order to be considered a theft offense under this bill. Senate amendment 3 specifies that the transmission of electronic signals by a local exchange company, to the extent that such company merely carries the transmission over its network, would not be considered to be a transmission of unsolicited bulk e-mail under this bill. Defines "local exchange company" to include telecommunications service providers;
competing telecommunications service providers; telephone cooperatives; cellular or other wireless telecommunications providers; and interactive computer service providers. House amendment 4 creates a Class A felony charge for any violation of the TN Personal and Commercial Computer Act of 2003 that is in connection with an act of terrorism.
Senate Status: Senate 05/27/2003 concurred in House amendment 4.
House Status: House 05/21/2003 passed with amendment 4.
Other Status: Sent to governor 05/27/2003.
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Link to PDF
Fiscal Note PDF
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| PROFESSIONS & LICENSURE |
SB 0353*
HB 0820
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Notaries to use rubber stamps instead of seals. Prohibits notary publics from using impression seals. Requires only rubber stamps be used on notary documents. Allows impression seals to be used until the term of office for individual notaries expires. (S: Haynes; H: Overbey) Senate amendment 1 declares that any subsequent acknowledgement of notary is not rendered ineffective by passage of said bill.
Senate Status: Senate 04/07/2003 passed with amendment.
House Status: House passed 04/28/2003.
Other Status: Enacted as Public Chapter 0106 (effective 05/12/2003).
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Link to PDF
Fiscal Note PDF
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SB 0640
HB 0706*
|
Publication of disciplinary filings against attorneys. Encourages the Supreme Court to establish guidelines to make public any disciplinary action filed against a licensed attorney in this state. Further encourages the court to publish such information on the internet in a searchable database. (S: Ford J.; H: Towns)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1098*
HB 1600
|
Bankruptcy restrictions. Decreases to three years from seven years the amount of time bankruptcy can prevent person from becoming location manager. (S: Jackson; H: West) Senate amendment 1 allows collection services board to consider a person's bankruptcy petition that has been filed or granted, as well as any extenuating circumstances, when a person is applying to be a location manager. House Commerce amendment 1 allows collection services board to consider a person's bankruptcy petition
that has been filed or granted, as well as any extenuating circumstances, when a person is applying to be a location manager. Applies six month sunset provision.
Senate Status: Senate 04/23/2003 passed with amendment.
House Status: Failed in House Commerce 05/13/2003.
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Link to PDF
Fiscal Note PDF
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SB 1742*
HB 1711
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Attorney's agent exempted from investigator regulation. Exempts from licensure and regulation of private investigators an attorney's agent performing duties relating to the attorney's practice of law and acting within the scope of the agent's agency for the attorney and at the attorney's direction. (S: Crutchfield; H: Brown) Senate amendment 1 declares that the provisions of the bill shall not apply to any student at a college or university working as an intern at public defenders or
district attorneys program in the state of Tennessee. Only applies to students who are not compensated and whose services are not charged to the public. House amendment 1 declares that the provisions of the bill shall not apply to any student at a college or university working as an intern at public defenders or district attorneys program in the state of Tennessee. Only applies to students who are not compensated and whose services are not charged to the public. House amendment 2 clarifies that
attorney must be in good standing and licensed in Tennessee.
Senate Status: Senate 05/15/2003 passed with amendment.
House Status: House 05/27/2003 passed with amendments 1 and 2. House amendment 1 declares that the provisions of the bill shall not apply to any student at a college or university working as an intern at public defenders or district attorneys program in the state of Tennessee. Only applies to students who are not compensated and whose services are not charged to the public. House amendment 2 clarifies that attorney must be in good standing and licensed in Tennessee.
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Link to PDF
Fiscal Note PDF
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SB 1751*
HB 1682
|
Licensure of insurance adjusters. Provides for licensing of insurance adjusters by the department of commerce and insurance. Permits department to waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of Tennessee. (8 pp.) (S: Cooper J.; H: Harmon)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
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Link to PDF
Fiscal Note PDF
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HB 0503*
|
Bondsmen acting as surety. Clarifies the total amount of bail on which a professional bondsman can act as surety. Includes a formula for determining the capacity, available capacity and equity in real estate when making a determination of the amount of bail for which a bondsman may act as surety. (H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
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Link to PDF
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| PROPERTY & HOUSING |
SB 0743*
HB 1076
|
Real estate closings at residences. Prohibits residential real estate closings at residences except under certain conditions such as physical infirmity of the borrower. Also prohibits licensed mortgage loan brokers from recommending to borrower that loan be defaulted to refinance, if refinancing is of no benefit to borrowers. (S: Crutchfield; H: Sargent)
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 0876*
HB 1298
|
Cause of action against real estate licensee. Prohibits cause of action against real estate licensee for information contained in a report by home inspection expert unless licensee signs form. (S: Ramsey; H: Ferguson)
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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SB 0882
HB 0541*
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Residential property disclosure liability. Prohibits a cause of action against a real estate licensee for information contained in any report prepared by an engineer, land surveyor, geologist, termite inspector, mortgage broker or other home inspection expert. Provides that no cause of action may be instituted against a real estate agent for information contained in a residential property disclosure form unless agent is signatory to such. (S: Ramsey; H: Ferguson) Senate amendment 1
clarifies that nothing in the proposed bill shall be construed as limiting the liability of real estate licensee in failure to disclose reasonably known information.
Senate Status: Senate 04/21/2003 passed with amendment.
House Status: House passed 05/21/2003.
Other Status: Sent to governor 05/21/2003.
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Link to PDF
Fiscal Note PDF
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SB 0968*
HB 1851
|
Court hearing when renter ignores delinquency notice. Authorizes a landlord to request a hearing before any court of competent jurisdiction to determine whether a tenant is in default and whether the landlord may commence a detainer action against the tenant, when such tenant does not respond to written notice of default. (S: Miller J.; H: Bunch)
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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SB 0974*
HB 1935
|
Foreclosure sale conducted as advertised. Requires notice of appearance be filed with register of deeds for person performing foreclosure sale. Also requires an affidavit by disinterested witness that sale was conducted as advertised. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0975*
HB 1936
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Real estate closing over Internet prohibited. Prohibits issuance of a policy of title insurance for real property unless physically signed by agent. Prohibits electronic signatures. Voids land closings that occur over internet. (S: Miller J.; H: Bunch)
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 0976*
HB 1938
|
Foreclosure sale not deemed to be debt collection. Provides that foreclosure under judicial or trust sales is not debt collection. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 0977*
HB 1937
|
Licensed attorney required for foreclosure sale. Requires foreclosure sale to be conducted by licensed attorney except in instances when a judicial appointment of a licensed auctioneer has been made. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1002*
HB 1871
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Creditors with property interest to be notified by summons. Requires creditors with real property interest to have actual notice by summons or by certified mail from any party attempting to impair or mitigate creditors interest in real estate by any judicial action. Broadly captioned, opening titles 16 (courts), 20 (civil procedure), 26 (execution), 28 (limitation of actions), 29 (remedies), 61 (partnerships), 66 (property), 67 (taxes), and 68 (environment). (S: Norris; H: Bunch)
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 1556
HB 1168*
|
Renames Tennessee Theft Deterrence Act of 1999. Allows the Tennessee Theft Deterrence Act of 1999 to be renamed as the "Tennessee Identification and Personal Information Protection Act of 2003." Specifies that identity theft is to be included in the act. (S: Dixon; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1557
HB 1160*
|
Block on nuisance business. Restricts any business, which may be characterized as a nuisance from being located within any home-rule municipality having a charter form of government, from being located within a neighborhood in which the effects of the business could be unhealthy. Requires a petition signed by more than twenty percent of residents within three miles of the business to be filed with the board of zoning for such municipality. (S: Dixon; H: Towns)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1581*
HB 1551
|
Gift certificates as unclaimed property. Decreases time period issuer must wait to presume gift certificate is abandoned property from more than five years to earlier of two years or certificate's expiration date. Prevents gift certificate issued after December 31, 1998, from being abandoned property if issuer does not impose dormancy charge and certificate expiration date is not effective or applicable. (S: Cooper J.; H: Hargrove)
Senate Status: Senate passed 03/31/2003.
House Status: House passed 04/21/2003.
Other Status: Enacted as Public Chapter 0078 (effective 05/05/2003).
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Link to PDF
Fiscal Note PDF
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SB 1582*
HB 1945
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Selling of unclaimed property. Declares period of time for state treasurer to sale abandoned property shall be 12 months from time of advertisement. Authorizes treasurer, pursuant to certain provisions, the immediate sale of marketable securities if records of the holder do not reflect owner's identity or property is de minimus value. Defines de minimus value as market value of less than $500. Limits amount of claim of abandoned property to sales price when claim is made and approved
subsequent sale of property. (S: Cooper J.; H: Hargrove)
Senate Status: Senate passed 04/24/2003.
House Status: House passed 04/21/2003.
Other Status: Enacted as Public Chapter 0101 (effective 05/07/2003).
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Link to PDF
Fiscal Note PDF
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| PUBLIC EMPLOYEES |
SB 0329
HB 0430*
|
Reimbursement to employees for damages. Authorizes the board of claims to present to the claims commission the circumstances of a case surrounding a court award for damages, against an officer or employee and to make a recommendation to the claims commission for reimbursement to affected employee. Provides the claims commission with the jurisdiction to review information provided by the board of claims. Adds that the decision of the claims commission on such actions are final and are not
judicially reviewable. (S: Kyle; H: Tindell)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0330
HB 0431*
|
Employees reimbursed for adjudicated costs. Authorizes the board of claims to reimburse officers or employees for adjudicated costs where it is found that the officer or employee was acting in good faith and under official duty. (S: Kyle; H: Tindell)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0847*
HB 1928
|
Travel restrictions on attorneys employed by state. Prohibits reimbursement for expenses incurred for an overnight stay by an attorney employed by the state, if the attorney's office is located within 75 miles of the hearing site, unless granted special permission by the attorney general. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate State & Local Government.
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 1151*
HB 1308
|
Police pay supplement fund. Expands to $1,200 from $600 the maximum amount that can be paid out of the police pay supplement fund per year per person (S: Burchett; H: Sontany)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Local Government Subcommittee deferred until 2004
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Link to PDF
Fiscal Note PDF
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SB 1180*
HB 1738
|
Increases state match on employee contributions. Increases employer match to $50 from $20 regarding state employees' contributions to the 401k plan. (S: Haynes; H: Fitzhugh) Pensions & Insurance amendment 1 subjects the bill to appropriations.
Council on Pensions & Insurance 03/03/2003 approved with amendment.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: House State & Local Government 04/15/2003 recommended. Sent to House Finance, Ways & Means.
Other Status: Council on Pensions & Insurance 03/03/2003 approved with amendment.
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Link to PDF
Fiscal Note PDF
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HB 0352*
|
Payment of benefits upon retiree's death. Deletes section specifying that payment of benefits to retirees shall cease upon their death unless beneficiaries are designated and optional allowances are made by the retiree prior to death. Broad caption, opening Title 8, Chapters 34 through 38. (H: Odom)
House Status: Caption bill held on House clerk's desk.
Other Status: Council on Pensions & Insurance reset to 03/17/2003.
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Link to PDF
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| PUBLIC FINANCE |
SB 0812*
HB 1483
|
Schedule of securities pledged as collateral. Deletes the requirement that qualified public depositories include detailed schedule of all securities pledged as collateral and statement of selected financial information in reports to the treasurer. (S: Kyle; H: Fitzhugh)
Senate Status: Senate passed 03/27/2003.
House Status: House passed 04/07/2003.
Other Status: Enacted as Public Chapter 0038 (effective 04/22/2003).
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Link to PDF
Fiscal Note PDF
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SB 0852*
HB 1855
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Reduced funding for the AOC and the attorney general. Requires governor's appropriations bill to propose reduced funding for administrative office of courts and attorney general's office, if additional resources are required to defend the state in certain circumstances. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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Link to PDF
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| TAXES BUSINESS |
SB 0026*
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Exemptions from professional privilege tax. Exempts persons who only practice professionally on volunteer basis for 501(c)(3) organization from professional privilege tax. (S: McNally)
Senate Status: Withdrawn in Senate 04/14/03.
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Link to PDF
Fiscal Note PDF
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SB 0401*
HB 1021
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Government employee exemption - professional privilege tax. Excuses from professional privilege tax those persons who are employed by the county or local government and who are prohibited from engaging in private practice of their profession by virtue of such employment. (S: Graves; H: Davidson)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0445
HB 0533*
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Exemption to the occupational privilege tax. Exempts full-time state, federal, county and municipal employees from the occupational privilege tax. (S: Wilder; H: McDaniel)
Senate Status: Referred to 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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SB 0553
HB 0679*
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Occupational privilege tax exemptions. Exempts from occupational privilege tax any attorneys, dentists, physicians, audiologists, optometrists, public and certified public accountants, and speech pathologists who are classified as inactive. (S: Clabough; H: Tindell)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0630*
HB 0790
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Professional privilege tax for city employees. Permits municipalities to pay professional privilege tax on behalf of their affected employees, subject to two-thirds vote of municipal governing body. (S: Haynes; H: West)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Taken off notice in House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0725
HB 0772*
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Exemptions from occupation privilege tax. Exempts speech pathologists from payment of occupation privilege tax. (S: Burchett; H: Buttry)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 0871
HB 0649*
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Reduction in occupational privilege tax for part-timers. Reduces the occupational privilege tax to $200 from $400 for persons engaged part-time in taxable occupation. Defines part-time to mean a person engaged less than 20 hours per week or earning less than one-half of the average statewide salary for that vocation, profession, business or occupation, as determined by the commissioner. (S: Ramsey; H: Stanley)
Senate Status: Referred to Senate Finance, Ways & Means.
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 0913*
HB 1327
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Exemptions from occupational privilege tax. Exempts district attorneys general, assistant district attorneys general, district public defenders and assistant district public defenders from occupational privilege tax. (S: Kyle; H: McMillan)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1310*
HB 1809
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Consolidated filing of returns. Requires consolidated filing of franchise-excise tax returns by affiliated groups in a unitary business filing consolidated federal returns. Does not apply to financial institutions, hospital companies, or insurance companies. (S: Dixon; H: Rinks)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1519*
HB 1875
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Exemptions from occupational privilege tax. Exempts all attorneys from the occupational privilege tax. (S: Ramsey; H: Bunch)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1520*
HB 1876
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Occupational privilege tax imposed on certain attorneys. Specifies that persons employed full-time by state as licensed attorneys are subject to the occupational privilege tax. (S: Ramsey; H: Bunch)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1629*
HB 1562
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Taxation of broadband personal communications services. Imposes 8.25% state tax on each retail sale with respect to fees for subscription to, access to or use of broadband personal communications services delivered by a provider of such services. (S: Dixon; H: Jones U.)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1666
HB 1117*
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Suspension for nonpayment of privilege tax. Provides that persons with more than one professional license who become delinquent professionals under occupation tax may have their licenses suspended for each occupation taxed. (S: Jackson; H: Shepard)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1743*
HB 1801
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Deductions from net earnings under Excise Tax Law of 1999. Permits certain real estate depreciation for partnerships to be excluded from net income under Excise Tax Law of 1999. (S: Atchley; H: Rinks)
Senate Status: Senate Finance deferred to 05/13/2003.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1787*
HB 1721
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Occupational privilege tax. Requires all local governments, not just those with populations over 100,000, to pay the occupational privilege tax on behalf of their employees. Requires provisions be adopted in counties by a majority vote instead of two-thirds. (S: Trail; H: Hood)
Senate Status: Senate passed 04/14/2003.
House Status: House passed 05/05/2003.
Other Status: Enacted as Public Chapter 0138 (effective 05/19/2003).
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Link to PDF
Fiscal Note PDF
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SB 1888
HB 1743*
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Consolidated franchise-excise tax returns. Requires consolidated filing of franchise-excise tax returns by affiliated groups in a unitary business filing consolidated federal returns. Does not apply to financial institutions, hospital companies, or insurance companies. (S: Clabough; H: Fitzhugh)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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HB 0888*
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Occupational privilege tax for attorneys. Decreases occupational privilege tax for full-time county attorneys from $400 to $200. (H: Stanley)
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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HB 1870*
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Occupational privilege tax repeal. Repeals occupation privilege tax. Broadly captioned. (H: Bunch)
House Status: Caption bill held on House clerk's desk.
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Link to PDF
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| TAXES GENERAL |
SB 1013*
HB 1858
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Tax Relief and Reform Act of 2003. Enacts "Tax Relief and Reform Act of 2003." Exempts food from sales tax, except for candy, prepared food, and dietary supplements. Lowers state sales tax rate to 5% except for tobacco, beer, wine, and alcoholic beverages, which are lowered to 6%. Enacts graduated income tax of 3.5% to 6.5%, with $15,000 personal exemption. Broadly captioned. (S: Dixon; H: Kernell)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
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SB 1046*
HB 1312
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Exemptions - Tennessee inheritance tax. Increases exemptions in the Tennessee inheritance tax to match increases in exemptions from federal inheritance taxes, with maximum exemption reaching $3.5 million in 2009. Provides for tax rates for Class B beneficiaries of decedents dying in 2004 or thereafter. (S: Fowler; H: Fowlkes)
Senate Status: Senate Finance Tax Subcommittee 04/21/2003 returned to Senate Finance without recommendation.
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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HB 0290*
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Constitutional convention for a taxpayer bill of rights. Calls for a constitutional referendum to consider a limited constitutional convention on Article II, Sections 24 and 28, of the Tennessee Constitution, regarding the establishment of a Tennessee taxpayer bill of rights, (TN TABOR).The TN TABOR requires advance voter approval of any growth in state revenue collections or expenditures that exceed the rate of household consumer price inflation plus the net percentage of population
growth. (H: Stanley)
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
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| TAXES PROPERTY |
SB 0257*
HB 1041
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Taxation of leased personal property. Changes assessment and taxation of leased personal property from lessees to lessors. Also specifies that regardless of any contract between the lessor and lessee as to who shall pay the taxes, it is the duty of the lessor or owner of the leased property to report to the assessor any leased property. (S: Cooper J.; H: Rinks)
Senate Status: Referred to Senate Finance Tax Subcommittee.
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 0951*
HB 1232
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Property complaint in Shelby County. Permits taxpayer's duly authorized agent to make property tax complaint before Shelby county board of equalization. (S: Ford J.; H: DeBerry L.) Senate amendment 1 allows action on an appeal during special session, when the appeal had been filed during regular session. House State & Local Government Committee amendment 1, Senate amendment 2 limits the application of the bill to Shelby Co.
Senate Status: Senate 05/27/2003 passed with amendments 1 and 2. Senate amendment 1 allows action on an appeal during special session, when the appeal had been filed during regular session. Senate amendment 2 limits the application of the bill to Shelby Co.
House Status: Set for House Calendar & Rules 05/29/2003. Set for House floor 05/29/2003.
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Link to PDF
Fiscal Note PDF
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SB 1175
HB 1248*
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Payment of taxes by military personnel on active duty. Provides 90-day extension of deadline for payment of property taxes and Hall income taxes for personnel stationed outside the U.S. when entitled to combat compensation as well as those stationed in Operation Enduring Freedom. (S: Kurita; H: McMillan) Senate amendment 1 extends the deadline to pay the professional privilege tax for military personnel subject to such tax.
Senate Status: Senate 04/16/2003 passed with amendment.
House Status: House 04/21/2003 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0087 (effective 05/05/2003).
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Link to PDF
Fiscal Note PDF
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SB 1339*
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Tax overpayment disputes. Provides that when taxpayer posts bond in tax overpayment dispute, no other documents are required from taxpayer or taxpayer's agent. (S: Person)
Senate Status: Referred to Senate Finance, Ways & Means.
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Link to PDF
Fiscal Note PDF
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SB 1527*
HB 1469
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Filing of tangible personal property schedules. Authorizes assessor to extend March 1 deadline for filing tangible personal property schedule on taxpayer's written request before March 1; date may be extended only to April 15. Provides that late-filed schedule may be accepted by assessor for use in forced assessment or by board of equalization for appeal. Removes criminal penalty for failure to file schedule. Changes time of notice of forced assessment from five to 10 days before county
board of equalization commences session. (S: Henry; H: Head) House, Senate Finance Ways & Means amendment 1 specifies that the deadline for filing tangible personal property schedules may not be extended in any county having more than 30,000 personal property parcels or accounts and having an earlier due date for city than for county taxes. The amendment changes the time within which notice of a forced assessment must be sent from at least 10 days before commencement of the annual session of the
county board of equalization to at least 10 days before adjournment of the annual session of such county board. Senate Finance Ways & Means Committee amendment 2 distinguishes late-filers and non-filers. Senate Finance Ways & Means Committee amendment 3 postpones notice of reply for forced assessment to 30 days.
Senate Status: Re-referred to Senate Finance 05/28/2003. Set for Senate Finance, by suspension of the rules 05/28/2003. Senate Finance, Ways & Means deferred to 2004.
House Status: House 05/07/2003 passed with amendment.
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Link to PDF
Fiscal Note PDF
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SB 1702
HB 0983*
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Date penalties imposed for delinquent taxes. Changes language for newspaper notices to delinquent taxpayers to specify that additional penalties and costs are imposed after February 28, rather than February 1. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
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Link to PDF
Fiscal Note PDF
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HB 0521*
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Taxation of leased personal property. Changes assessment and taxation of leased personal property from lessees to lessors. Clarifies that regardless of any contract between the lessor and lessee as to who shall pay the taxes, it is the duty of the lessor of the leased property to report to the assessor any leased property. (H: Harwell)
House Status: Referred to House Finance, Ways & Means.
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Link to PDF
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SJR 0044
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Constitutional amendment - homestead exemption for elderly. Proposes an amendment to Article XI, Section 11, of the Constitution of the State of Tennessee, to authorize a separate, enhanced homestead exemption for elderly homeowners. (S: Norris)
Senate Status: Introduced 2/5/2003
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Link to PDF
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SJR 0045
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Constitutional amendment - property tax relief for elderly. Proposes an amendment to Article II, Section 28, of the Constitution of the State of Tennessee, to authorize property tax relief for elderly homeowners and disabled homeowners. (S: Norris)
Senate Status: Introduced 2/5/2003
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Link to PDF
Fiscal Note PDF
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SJR 0071
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Constitutional amendment - property tax relief for elderly. Proposes an amendment to Article II, Section 28, of the Constitution of the State of Tennessee, to authorize property tax relief for senior citizens. (S: Norris)
Senate Status: Introduced 2/12/2003
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|
| TAXES SALES |
SB 0557*
HB 0822
|
Allocate taxes on bundled telecommunication transactions. Instructs that within a bundled transaction that includes telecommunications, those services that are taxable and nontaxable, subject to different rates, or dedicated to different funds shall be taxed according to the higher rate unless the provider can reasonably identify the different portions in the regular course of business. Provides effective date on or after January 1, 2004. (S: Clabough; H: Head)
Senate Status: Senate Finance Tax Subcommittee deferred to next meeting.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0758*
HB 2058
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Reduced sales tax on food. Incrementally reduces state sales tax on food or food ingredients over next five years. Exempts food or food ingredients from state sales tax beginning with 2008-2009 fiscal year. Broadly captioned. (S: Dixon; H: Miller L.)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Referred to Delayed Bills Committee.
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Link to PDF
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| TAXES UNEMPLOYMENT |
SB 1518
HB 1070*
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Unemployment appeals referees. Changes title of unemployment appeals referee to unemployment administrative judge. (S: Ramsey; H: Godsey) Senate amendment 1 substitutes the language "unemployment hearing officer" rather than the language "unemployment administrative judge."
Senate Status: Senate 04/28/2003 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 1634
HB 0033*
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Unemployment benefits for victims of domestic violence. Permits victims of domestic violence to receive unemployment benefits, if they are discharged from employment or leave work due to their circumstances of abuse. Requires proper documentation of domestic abuse in the form of restraining order, police record, conviction of abuser, medical documentation of the abuse, or documentation or certification provided by a social worker, clergy member, shelter worker or other qualified
professional. (S: Harper; 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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| TENNCARE |
SB 0302*
HB 0793
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Managed care organization requirements. Prohibits the bureau of TennCare from requiring a TennCare managed care organization to contract with any specific credentialing verification organization if the organization holds a valid Tennessee commercial health maintenance insurance license. (S: Ford J.; H: Jones U.)
TennCare Oversight Committee comment: TennCare Oversight Committee 04/07/2003 adopted the comment. Summary of TennCare comment: An HMO can apply to operate a commercial line
of business in addition to its TennCare line of business, as part of the licensing process. The general assembly may wish to amend the bill to indicate that the Bureau of TennCare is prohibited from requiring a TennCare MCO to contract with any specific credentialing verification organization if the MCO's license is for both a commercial line and TennCare.
Senate Status: Senate passed 04/21/2003.
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 0642*
HB 1341
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Medicaid subrogation. Revises Medicaid subrogation statute to clarify definition of "notice" with respect to attorney representing recipient in a subrogation claim for payment of third party insurance benefits. Permits managed care organizations under contract with the state to require certain information identifying persons covered by third parties for medical services. Expands definition of "third parties" to include CHAMPUS. Permits MCO attorneys to recover fees and costs in the event
the plaintiff collects a judgment or settlement. (S: Cooper J.; H: Hargrove) House amendment 1 rewrites this bill. Extends present provisions so that MCOs under contract with the state, in addition to the commissioner of health, could request certain information identifying persons covered by third parties for medical services. Specifies that such MCOs would not be liable for proper release of the information and would agree to reimburse a third party for reasonable costs incurred in providing
data. Imposes the same duty on the attorney when the case is being settled. Specifies that presently an attorney is not liable for subrogation unless the attorney has notice from the state of the state's claim prior to disbursement of funds and with the amendment the notice may be from the state or the MCO. House amendment 2 specifies that the provisions governing the state's right of subrogation would also apply to cases that have been settled when no lawsuit has been filed.
TennCare
Oversight Committee comment: TennCare Oversight Committee 04/07/2003 adopted the comment. Summary of TennCare Oversight comment: The bill would help to ensure the state's right of recovery from third-party insurers for a TennCare recipient's cost of care. This could increase TennCare managed care organizations' collections from third parties.
Senate Status: Senate passed 05/27/2003.
House Status: House 05/12/2003 passed with amendments 1 and 2.
Other Status: Sent to governor 05/27/2003.
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Link to PDF
Fiscal Note PDF
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| TORT LIABILITY |
SB 0018*
HB 0477
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Leaders, members of churches exempted from tort liability. Extends tort immunity to the leaders and members of certain religious groups and organizations. However, in cases of personal injury or damage to property caused by the willful, wanton or gross negligence of any such officer, director or leader, then such immunity from tort liability shall not be extended. (S: McNally; H: Winningham)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0020*
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Acts of terrorism as civil cause of action. Creates civil cause of action against any person or organization that provides material support or resources to person or organization that commits act of terrorism. Provides for compensatory and punitive damages, treble damages, attorney fees and costs of action. (S: McNally) Senate Judiciary amendment 1 corrects a typo, which changes part 7 to part 8. Senate Judiciary amendment 2 changes the language from "should have known" to "have to know"
in determining the standard of proof.
Senate Status: Taken off notice in Senate Judiciary.
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Link to PDF
Fiscal Note PDF
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SB 0294*
HB 0586
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Medical malpractice statue of limitation for minor. Establishes statute of limitations within three years of wrongful act for medical malpractice actions except from a minor under the age of six years, which shall commence within three years of minor's eighth birthday. Provides tolling of time limitation if fraud or collusion in bringing action. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0537*
HB 1843
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Noneconomic damages not to exceed one million dollars. Prohibits noneconomic damages awarded to injured plaintiff in medical malpractice suit from exceeding one million dollars. Defines noneconomic damages. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 0601*
HB 1454
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Clears faculty from liability of intern omissions. Clears from liability any medical or health science faculty member, teaching practice, or teaching institution arising from any act or omission of any intern, resident, or fellow in training in a medical school. Holds liable any medical member for own acts or omissions. Defines intern, resident, fellow, medical member, teaching practice, and teaching institution. (S: Kyle; H: Overbey)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0605*
HB 1441
|
Medical malpractice damage cap on non-economic losses. Places $250,000 cap on damage awards for non-economic losses. Establishes that the court may, at request of either party, permit periodic payments rather than lump sum payments if amount of award exceeds $50,000 in future damages. Future damages is defined as damages for future medical treatment, care or custody, rehabilitation services, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment
creditor. Raises fees for plaintiff's attorney in malpractice cases to no more than 40% of the first $50,000 in damages recovered, 33% of the second $50,000, 25% of the next $500,000 and 15% of amount recovered over $600,000. Previously, attorney held to 33% of entire judgment amount. (S: Norris; H: Overbey)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 0883*
HB 1005
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Medical malpractice award of damages. Limits damages awarded to a plaintiff in a medical malpractice case to the actual medical expenses incurred directly from the malpractice and an amount not to exceed $250,000. (S: Ramsey; H: Clem)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 0993
HB 0854*
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Medical Injury Compensation Reform Act. Specifies that in any malpractice action against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damage, but in no action shall the amount of damages for noneconomic losses exceed $250,000. Specifies evidence that can be introduced in malpractice cases based on
professional negligence. (8 pp.) (S: Norris; H: Sargent)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
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SB 1042
HB 1004*
|
Settlement of tort claim involving minor. Allows judge or chancellor judge to approve tort claim settlement involving minor by relying on affidavit from legal guardian. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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Link to PDF
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SB 1122*
HB 1572
|
Compensation for bodily injury or death. Authorizes claims commission to make payments greater than liability limits as compensation for bodily injury or death based upon the state's negligent care of someone under its custody. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1196*
HB 1436
|
Medical malpractice actions by minors. Requires the statute of limitations for medical malpractice actions by minors to be brought within four years of date of wrongful act. Requires action for minors under age of six to be brought within four years or prior to minor's eighth birthday. Allows time to be tolled if fraud was committed in failure to bring action for professional negligence. (S: Ketron; H: Overbey)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1320*
HB 1762
|
State's sovereign immunity. Permits the state to waive its sovereign immunity for limited purpose of allowing state employees to bring action for rights granted under federal law. (S: Herron; H: Maddox)
Senate Status: Withdrawn in Senate 03/13/2003.
House Status: Withdrawn in House 03/17/2003.
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Link to PDF
Fiscal Note PDF
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SB 1332
HB 0977*
|
Definition of governmental entity. Exempts certain nonprofit public benefit corporations operating hospitals in Shelby county from tort liability by designating them as a "governmental entity." (S: Ford J.; H: Bowers) Senate amendment 1 declares that hospitals operating in Shelby county shall be subject to open meetings and open records. Senate amendment 2 adds the words "receives or leases the hospital real property" for purposes of reflecting that the real estate and the hospital are
connected. House amendment 1 adds a sunset provision of June 30, 2006 to the bill and adds that this act applies to any claims filed on or after July 1, 2003. House amendment 2 removes the provision regarding an entity receiving funds appropriated by a local legislative body and to include entities that receive or lease any real property from a county or municipality.
Senate Status: Senate 05/21/2003 concurred in House amendment 1. Senate 05/21/2003 non-concurred in House amendment 2.
House Status: House 05/21/2003 withdrew amendment 2 and re-passed the bill.
Other Status: Sent to governor 05/21/2003.
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Link to PDF
Fiscal Note PDF
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SB 1409
HB 0753*
|
Parental liability for torts of minor child. Removes the $10,000 cap on parental liability for torts committed by minors who reside with such parent. Limits such liability to actual damages and taxable court costs in a civil action. Adds that the intent of the general assembly to give this act retroactive application to any pending cause of action. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1498
HB 1085*
|
Tort liability limited for certain charities. Limits tort liability for 501(c)(3) corporation and its employees when the tortious conduct is committed in furtherance of the charitable purposes of the corporation. Specifies that in such instances the tort liability limit would not exceed $25,000. Limits application to 501(c)(3) corporations that have existed as charities for 20 years or more. (S: Ford J.; H: DeBerry L.)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 1724
HB 1392*
|
Tort claim involving minor. Allows a judge or chancellor to approve any tort claim settlement involving a minor by relying on affidavits from the legal guardian. (S: Crutchfield; H: Turner B.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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Link to PDF
Fiscal Note PDF
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HB 0853*
|
Punitive damages over $1 million in civil actions. Transfers punitive damages in civil actions over $1,000,000 to board of claims for disposition to plaintiffs with the same or similar cause of action who were awarded compensatory but not punitive damages. (H: Kernell)
House Status: Taken off notice in House Civil Practice Subcommittee.
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Link to PDF
Fiscal Note PDF
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HB 1947*
|
Statute of limitations for actions against attorneys. Specifies changes relative to the statute of limitations for actions against attorneys. Declares that the one-year statute of limitation shall commence to run from either one year after the termination in writing of the attorney-client relationship, or from one year from actual discovery of the wrongful conduct of the attorney and the damages resulting from such conduct. Adds that in no event shall any action against an attorney be
brought more than three years after the date on which the negligent act or omission occurred except during the case of fraudulent concealment. Notes that in such a case of fraudulent concealment the action shall be commenced within one year after actual discovery. (H: Hargrove)
House Status: Referred to House Judiciary.
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Link to PDF
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| TRANSPORTATION VEHICLES |
SB 0150
HB 0165*
|
"Lemon Law" revised. Removes requirement that a motor vehicle must be subject to the registration and certificate of title provisions relative to automobile warranties. Extends express warranty time period of protection to four years from delivery of vehicle, rather than one year from delivery. Changes to three from four the number of times a manufacturer, dealer or agent may attempt to repair the same problem. Changes from 30 days to 15 days that the vehicle is kept out of service by
reason of repair, relative to manufacturer's attempts to repair a vehicle. Lengthens statute of limitations to one year from six months, relative to commencing action against manufacturer. (S: Dixon; H: Turner L.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee.
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Link to PDF
Fiscal Note PDF
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SB 0360*
HB 0535
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Mandatory minimum time of imprisonment for DUI. Increases mandatory minimum time of imprisonment for first offense DUI from 48 to 72 hours. Increases time for second offense from 45 to 120 days and for third offense from 120 days to 11 months, 29 days. Also increases time for fourth or subsequent offense from 150 days to 300 days. (S: Williams Mike R.; H: Patton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
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Fiscal Note PDF
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SB 0570*
HB 0963
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Motor vehicle redefined. Classifies definition of motor vehicle as a Class B passenger motor vehicle instead of a Class C vehicle. (S: Williams Mike R.; H: Pleasant)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee.
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Fiscal Note PDF
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SB 0730*
HB 1320
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Traffic offense quotas. Prohibits judges or peace officers from being promoted, compensated or disciplined according to the number of traffic citations issued or collected on. (S: Burchett; H: Brooks, Harry)
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Failed in Senate Judiciary 04/01/2003.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003; released to standing committees.
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Fiscal Note PDF
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SB 0822
HB 0605*
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Officer conducts blood alcohol test with or without consent. Directs law enforcement officer to conduct test to determine blood alcohol content of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide. Allows such findings to be admissible in evidence by either the state or the driver. (S: Ford J.; H: DeBerry J.)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: House Judiciary deferred to January 2004.
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Fiscal Note PDF
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SB 0875*
HB 1568
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TN Off-Highway Motor Vehicle Act. Requires owners of off-highway motor vehicles (OHVs) to annually register with the executive director of the TN wildlife resources agency. Imposes a $45.00 registration and renewal fee on OHVs. Requires TN wildlife resources commission to establish safety requirements for riders on publicly owned or leased lands. Also requires riders 18 years of age to wear a helmet. (11 pp.) (S: Ramsey; H: McCord) House Finance Committee amendment 1 rewrites the bill to
delete requirement for owner of any off-highway motor vehicle to annually register the vehicle with director and the director's need to establish a registration program. Removes director's creation of voluntary education program for dealers and owners. Creates rider fees for on-roadway activities on publicly owned or controlled lands allowing off-road vehicles. Makes provision for self-funded management of program. Creates Class B misdemeanor violation and sets out certain provisions for such.
House Finance, Senate Amendment 2 removes the off-highway motor vehicle registration and permit requirements of this bill. This amendment also authorizes an off-highway vehicle program; development of a voluntary off-highway vehicle education program; and development of guidelines on land selection, trail design and maintenance. This program shall be self-funded by funds from the Tennessee Wildlife Resources Agency. Future federal funds shall be credited to the program. Senate Amendment 4
specifies that a violation of any provision of this bill would be a Class C misdemeanor, rather than a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this bill would commit a Class C misdemeanor, rather than a Class B misdemeanor. Also, this amendment removes the $250 mandatory fine for a second or subsequent violation of this bill.
Senate Status: Senate 05/12/2003 passed with amendments 2 & 4.
House Status: House Finance, Ways & Means 05/28/2003 recommended with amendments 1 & 2. Sent to House Calendar & Rules. Set for House floor 05/28/2003. Held on House clerk's desk 05/28/2003.
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Fiscal Note PDF
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SB 0961*
HB 1000
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Seat belt usage as evidence. Authorizes seat belt use to be admissible into evidence in a civil action. (S: Crowe; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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Fiscal Note PDF
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SB 1188*
HB 1790
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INS document number required for driver license. Requires driver's license applicant to provide immigration and naturalization service documentation. (S: Ketron; H: Rowland) House Transportation Committee amendment 1 adds school records to be provided as a requirement for driver's license applicants under the age of 18. Changes the name from INS to Bureau of Immigration Services in the language. Requires annual renewal once license is obtained. Specifies that those who received license
after May 2001 be required to bring proper identification upon renewal. Senate Transportation amendment 1 increases the drivers license fee from $19.50 to $19.70.
Senate Status: Senate Finance, Ways & Means deferred to 2004.
House Status: House Budget Subcommittee deferred to 2004.
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Fiscal Note PDF
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| UTILITIES |
SB 0524*
HB 0825
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Broadband Parity Act of 2003. Defines broadband service as any service with certain capabilities that is used to provide access to the Internet. Declares that competition in broadband service is an effective regulator of the price and promotes faster deployment of services. Declares that broadband service is not a telecommunications service. Prohibits any agency of the state from imposing any requirement upon a broadband service provider unless requirement is imposed equally and uniformly
upon all providers of such service. (S: Trail; H: Head)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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Fiscal Note PDF
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SB 1103*
HB 1592
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Pre-paid wireless telephone service. Requires all providers and retailers of pre-paid wireless telephone service to remit funds to the board of directors of the emergency communications district for the emergency telephone service charge. Requires such funds to be deposited in the state's 911 emergency communications fund. Specifies that the fee is to be assessed once at the point of sale and then monthly for each consumer able to gain access to the wireless network dedicated to cellular
telecommunications. (S: Jackson; H: West)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Local Government Subcommittee.
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Fiscal Note PDF
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| WORKERS COMPENSATION |
SB 0191*
HB 0456
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Returning to work under workers compensation. Changes reference concerning whether injured worker is justified in refusing suitable work from "opinion of the county executive" to "opinion of the court having jurisdiction over the underlying workers' compensation case." (S: Trail; H: Coleman)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Senate passed 05/14/2003.
House Status: House passed 04/24/2003.
Other Status: Sent to governor 05/14/2003.
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Fiscal Note PDF
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SB 0563
HB 0527*
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Extra-territorial application of workers' compensation law. Adds as basis for authorizing extra-territorial application of Tennessee workers' compensation law that there existed substantial connection between this state and particular employer and employee relationship. (S: Trail; H: Windle) Senate amendment specifies that injured worker must have been Tennessee resident at time of injury.
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Senate 04/24/2003 passed with amendment.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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Fiscal Note PDF
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SB 0666*
HB 1380
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Membership of workers' compensation advisory council. Revises composition of nonvoting members on Workers' Compensation Advisory Council to add one health care provider and remove one attorney from nonvoting membership. Requires governor to appoint new health care provider member from list of three names submitted by Tennessee Hospital Association. Requires Tennessee Bar Association and Tennessee Defense Lawyers Association to alternate recommendations for one of two remaining attorney
members. Contains broad caption. (S: Cooper J.; H: Briley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 recommended.
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Fiscal Note PDF
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SB 0744*
HB 1416
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Medical fee schedule to be developed. Directs Department of Labor and Workforce Development to promulgate rules to develop medical fee schedule for use in workers' compensation cases. (S: Crutchfield; H: Turner M.)
Senate Status: Recalled from desk in Senate 04/21/2003 and returned to the House.
House Status: Returned by the Senate 04/21/2003.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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SB 0994*
HB 1300
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Workers' compensation attorneys fees. In addition to current limitation on attorney fees paid in workers' compensation cases, limits fees of attorneys to 20% of difference between good faith offer (one certified as good faith offer by workers' compensation specialist) made by employer or insurance company and final award. Limits employer's attorney fees to $12,000 except that fee for representing employer may not be dependent upon result achieved. Makes scheduled injuries subject to 2.5
cap when injured employee returns to work at same or greater wage. Contains broad caption. (S: Norris; H: Fitzhugh)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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SB 0995*
HB 1299
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Attorney's fees in workers' compensation cases. In addition to current limitation on attorney fees paid in workers' compensation cases, limits fees of attorneys to no more than 20% of difference between good faith offer made and final award. Such offer must be certified as good faith offer by workers' compensation specialist. (S: Norris; H: Fitzhugh)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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Link to PDF
Fiscal Note PDF
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SB 0997*
HB 1301
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Occupational injury and disease. Removes from workers' compensation law definitions of "injury" and "personal injury," and replaces them with definitions of "occupational injury" and "occupational disease." Clarifies that "occupational injury" and "occupational disease" are such injury or disease arising out of and in course of particular trade, occupation, process, or employment. Lists elements of each. (S: Norris; H: Fitzhugh)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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Link to PDF
Fiscal Note PDF
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SB 1041
HB 1003*
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Mental injury as compensable injury. Narrows definition of "mental injury" by deleting portion of definition referring to identifiable work-related event resulting in sudden or unusual mental stimulus. Provides that mental injury is not compensable unless it is demonstrated by clear and convincing evidence that injury arose out of and in course of employment. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 recommended against.
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Fiscal Note PDF
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SB 1044
HB 0971*
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Employee challenge to wage rate statement. Presumes filed wage statements are correct unless employee disputes compensation rate by filing motion within 30 days. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 recommended against.
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Fiscal Note PDF
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SB 1535
HB 0496*
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Standards for settlement of workers' compensation claims. Decreases to 45 from 60 days time within which Workers' Compensation Advisory Council has to comment on revisions to standards governing settlement of workers' compensation claims on or after 7/1/03. Contains broad caption. (S: Haynes; H: Buck)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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Link to PDF
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SB 1536
HB 0495*
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Safety act violations. Triples amount payable to employee's estate or dependents if employee's death results from violation of Tennessee Occupational Safety and Health Act (TOSHA). Contains broad caption. (S: Haynes; H: Buck)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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Link to PDF
Fiscal Note PDF
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SB 1864
HB 1735*
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Workers' compensation injuries - Obtaining medical records. Reduces to 10 from 30 days after examination or treatment time period allotted to physician or hospital for furnishing complete medical report to employer or employer's insurer and to employee or employee's attorney. Provides that if requested records are not provided within 10 working days, records must be provided free of charge. Increases to 40 from 20 pages length of record which may be obtained for $10 charge. (S: Walker M.;
H: Windle)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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Fiscal Note PDF
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