| BANKING & CREDIT |
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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Fiscal Note 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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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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Fiscal Note PDF
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| CAMPAIGNS & LOBBYING |
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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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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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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Fiscal Note PDF
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| COMMERCIAL LAW |
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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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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Fiscal Note PDF
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| CRIMINAL LAW |
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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Fiscal Note PDF
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| FAMILY LAW |
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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Fiscal Note PDF
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| GOVERNMENT ORGANIZATION |
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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Fiscal Note PDF
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HR 0013
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Ethics code for the House. Adopts an ethics code for the Tennessee House of Representatives. (H: McMillan)
House Status: By suspension of the rules on the House floor on 02/05/2003, the House adopted the resolution.
Other Status: Sent to governor 02/05/2003.
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Link to PDF
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| GOVERNMENT REGULATION |
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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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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Fiscal Note PDF
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| HEALTH CARE |
SB 1659
HB 0986*
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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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Fiscal Note PDF
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| INSURANCE GENERAL |
SB 0411*
HB 0758
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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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Fiscal Note PDF
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| INSURANCE HEALTH |
SB 0652
HB 0797*
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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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Fiscal Note PDF
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| JUDICIARY |
SB 0064*
HB 0407
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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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Fiscal Note PDF
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SB 0352*
HB 0751
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Sheriff's commission on garnishments. Deletes omission of sheriff's commission on any garnishments after the original. (S: Haynes; H: Buck)
Senate Status: Senate passed 04/07/2003.
House Status: House passed 03/31/2003.
Other Status: Enacted as Public Chapter 0053 (effective 04/23/2003).
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Fiscal Note PDF
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SB 0735
HB 0570*
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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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Fiscal Note PDF
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SB 1357
HB 0494*
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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 1542
HB 0163*
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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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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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HB 1873*
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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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Fiscal Note PDF
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HB 1874*
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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 0036
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Election of judges. Proposes an amendment to Article VI of the Constitution of the State of Tennessee, to provide for election of judges in open, competitive elections. (S: Fowler)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
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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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Fiscal Note PDF
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SB 0640
HB 0706*
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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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Fiscal Note PDF
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| PUBLIC FINANCE |
SB 1991
HB 2073*
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Statutory changes to fund state government. Omnibus bill enacts changes throughout code to reallocate earmarked funds to general fund. Suspends the implementation of step salary increases for FY 2003-2004 and further specifies that in subsequent years, the step increases will be subject to allocation in the general appropriations act. Authorizes the commissioner of finance to reduce the percentage the state pays on behalf of each state employee's basic group insurance plan. Authorizes the
commissioner of finance to waive all or part of the 90 day notice of layoff relative to state employees when there is a shortage of work or funds. Changes the method used to compute the amount of money the comptroller's office charges for county audits. Removes for FY 2003-2004 only the provision requiring the governor to place 10% of the state's revenue growth into the rainy day fund. Decreases the percentage of various beer and alcohol taxes distributed to local governments. Deletes statutory
references to the Tennessee Preparatory School. Increases to 65.875% from 62.5% the amount of the Hall Income Tax retained in the general fund. Distributes to the general fund nine percent of the gasoline, diesel, compressed natural gas and liquefied gas tax collected. Redirects the portion of the recordation tax to the general fund which is currently directed to the wetland acquisition fund, the state land acquisition fund, local park lands acquisition fund and the agricultural resources
conservation fund. Revises various provisions of the excise tax relative to financial institutions and redirects nine percent of certain funds now directed to county and municipal governments. Increases the amount of sales and use tax earmarked specifically for the general fund and reduces the percentage of such funds allocated to certain local governments. Redistributes the money collected from the TVA in lieu of taxes. Authorizes the transfer of funds from various reserve accounts and
programs. Specifies beginning July 1, 2003, that no funding stability or hold harmless factor shall affect the distribution of state funds to the local education agencies under the BEP. Adds that this formula change to the BEP shall not be referred for review and recommendation to the education committees of the senate and house. (S: Crutchfield; H: McMillan) House amendment 1 adds clarifying language regarding step raises for state troopers, public defenders, assistant public defenders,
assistant district attorneys, and post conviction defenders. Adds language to the state employee layoff provision creating a Rainy Day Fund "trigger" for the timing of the layoff notices. Specifies the "trigger" to occur if the Rainy Day Fund falls below $100 million. Preserves the 2/3 allocation of vanity tag funds for rural communities. Increases the percentage of the Hall Income Tax diverted to the general fund from 9% to 33%. Deletes provisions relative to the closure of the veteran's homes,
the sick bank, the tobacco growers fund, the hold harmless provision of the BEP, the insurance co-pay for state employees, prisoner safekeeping, the epilepsy foundation grants, the deaf and hard of hearing centers, and the 9% cut to the premier resort tax allocation. Restores a portion of the state shared taxes, including gasoline taxes. Restores a portion of the real-estate transfer taxes. Authorizes the state to pay the professional privilege tax for state employees. Preserves the mechanism
created by the legislature regarding the land acquisition fund and wetland fund. Makes such funds subject to annual appropriation and sunsets the sections pertaining to these funds in four years. Authorizes a percentage of the county share of the telecommunications services tax to revert to the general fund. Authorizes the secretary of state to reduce supplemental funds to election registrars. Adjusts the compensation for non-contract jails and prisons to $32 per day. The original amendment
reduced the payments to $29 per day from $35 per day. Deletes requirement for local governments to reimburse state for safekeeping of prisoners. Authorizes DHS to transfer ownership of Vocation Center for the Blind property. Restores all reductions in the TVA in lieu of tax payments. Allows flexibility to local governments in the use of BEP funds for teacher salaries. Adds a provision allowing funds from the Radnor Lake specialty tag to go to the Friends of Radnor Lake. Extends the tax on
intermediate care bed facilities for the mentally retarded for two years. House amendment 5 makes changes relative to the freeze on state troopers salary increases. House amendment 3 freezes the salary of the attorney general. House amendment 4 addresses an issue relative to a local development loan authority. House amendment 8 states that no expenditure of public funds pursuant to this act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964. House amendment
9 adds language prohibiting the use of state funds to perform abortions. Senate amendment 27 adds clarifying language regarding step raises for state troopers, public defenders, assistant public defenders, assistant district attorneys, and post conviction defenders. Adds language to the state employee layoff provision creating a Rainy Day Fund "trigger" for the timing of the layoff notices. Specifies the "trigger" to occur if the Rainy Day Fund falls below $100 million. Preserves the 2/3
allocation of vanity tag funds for rural communities. Increases the percentage of the Hall Income Tax diverted to the general fund from 9% to 33%. Deletes provisions relative to the closure of the veteran's homes, the sick bank, the tobacco growers fund, the hold harmless provision of the BEP, the insurance co-pay for state employees, prisoner safekeeping, the epilepsy foundation grants, the deaf and hard of hearing centers, and the 9% cut to the premier resort tax allocation. Restores a portion
of the state shared taxes, including gasoline taxes. Restores a portion of the real-estate transfer taxes. Authorizes the state to pay the professional privilege tax for state employees. Preserves the mechanism created by the legislature regarding the land acquisition fund and wetland fund. Makes such funds subject to annual appropriation and sunsets the sections pertaining to these funds in four years. Authorizes a percentage of the county share of the telecommunications services tax to revert
to the general fund. Authorizes the secretary of state to reduce supplemental funds to election registrars. Adjusts the compensation for non-contract jails and prisons to $32 per day. The original amendment reduced the payments to $29 per day from $35 per day. Deletes requirement for local governments to reimburse state for safekeeping of prisoners. Authorizes DHS to transfer ownership of Vocation Center for the Blind property. Restores all reductions in the TVA in lieu of tax payments. Allows
flexibility to local governments in the use of BEP funds for teacher salaries. Adds a provision allowing funds from the Radnor Lake specialty tag to go to the Friends of Radnor Lake. Extends the tax on intermediate care bed facilities for the mentally retarded for two years. Makes changes relative to the freeze on state troopers salary increases. Freezes the salary of the attorney general. Addresses an issue relative to a local development loan authority. House amendment 8 states that no
expenditure of public funds pursuant to this act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964. Adds language prohibiting the use of state funds to perform abortions except when the pregnancy results from an act of rape or incest. Also adds an exception to this prohibition in cases where a woman suffers from a physical disorder, injury, illness, including life threatening physical conditions related to the pregnancy when the woman is in danger of death
without an abortion. Senate amendment 21 provides for the creation of a state-shared revenue reduction mitigation account within the state general fund. Specifies that the funds in the account are to be used to offset reductions in state-shared revenues allocated to local governments so that such reductions do not exceed nine percent of state-shared revenues that otherwise would have been allocated to any such local government. Senate amendment 32 sets the effective date relative to the bank
loophole provision.
Senate Status: Senate 05/22/2003 returned bill to House.
House Status: House 05/28/2003 concurred after lifting the tabling motion, reconsidering their actions in non-concurring to Senate amendment 21 and 32, and concurred in Senate amendments 21 and 32.
Other Status: Sent to governor 05/28/2003.
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Fiscal Note PDF
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SB 1994
HB 2074*
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Appropriations for state government. Makes appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2002 and July 1, 2003, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to
repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. (S: Crutchfield; H: McMillan) House amendment 2 is the administration amendment to make appropriations to various entities of state government. House amendment 3 includes legislation left out of administration amendment. This amendment includes funding for the
following: to increase the membership of the Tax Structure Study Commission, to implement the electronic filing bill for the Registry of Election Finance, for the West Tennessee River Basin Authority, to implement the provision to change the filing of minimum payments of quarterly franchise & excise payments, to implement the changes for the Nashville Sounds Stadium, to implement various bills relative to the sale of bonds, to create a new chancellorship and two new criminal court judge
positions in Davidson County, among other things. House amendment 10 appropriates a sum sufficient to implement the streamlined sales tax bill, if such bill becomes law. House amendment 4 appropriates money to implement the following: funds sum sufficient to TSAC, THEC, and treasury comptroller for lottery scholarship program; licensing fees paid to state health care board will result in revenue loss; funds collected on specialty license tags; funds of homeland security reduced for transference
to TN state guard; authorizes Finance Commissioner to transfer a sum sufficient to the debt service fund; adds that group insurance shall increase in cost of 12 %; statutory reserve funds excess of $3,000,000 revert to general fund; reduces appropriations to department of safety pursuant to helicopter funding and department of human services pursuant to contractor computer support; funds department of human services pursuant to restoration of juvenile court prevention grants. House amendment 5
allocates from legislative budget sum sufficient to fund study committees. House amendment 8 reduces funding to the court system's operating budget by $370,900 and specifies the legislative intent that the funds are to be used to pay the judges' cost of living adjustment. House amendment 9 appropriates a sum sufficient to contract with an outside vendor to electronically verify the accuracy of the TennCare database enrollees names, residence, social security numbers and death information. Makes
other provisions regarding higher education maintenance and operation of physical plants. Adds language relative to the redirection of methadone treatment funds and the per diem paid to local jails for housing state inmates. Appropriates a sum sufficient to fund early childhood education programs that were previously funded by federal Temporary Assistance to Needy Families funds. House amendment 11 appropriates $559,700 for property reappraisal grants. House amendment 12 prohibits the
expenditure of funds pursuant to this act in violation of the provisions of Title VI of the Civil Rights Act of 1964. Senate amendment 4 (division 2) appropriates $525,100 to the department of health to continue the residential homes for the aged reimbursement program. Appropriates $1,500,000 to the state-shared revenue reduction mitigation account. Also appropriates $200,000 for the purpose of restoring reductions in state funding of family resource centers.
Senate Status: Senate 05/22/2003 passed with amendment 4.
House Status: Set for House message calendar 05/29/2003.
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Link to PDF
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| TAXES BUSINESS |
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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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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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 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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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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| TORT LIABILITY |
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 0605*
HB 1441
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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 1409
HB 0753*
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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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HB 0853*
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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*
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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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| WORKERS COMPENSATION |
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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Link to PDF
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SB 1905*
HB 1941
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Disputes over workers' compensation payment. Requires that officers serving process, subpoenas, and other papers have same fees provided by law for constables and sheriffs. Specifies that wage statement filed by employer with court detailing employee's wages include all bonuses or other remuneration given to such employee that are given in course of business to other employees of such employer. Contains broad caption. (S: Miller J.; H: Newton) Senate amendment 1 rewrites the bill to
provide that compensation for temporary partial disabiltiy benefits is difference between "average weekly wage" of worker at time of injury and wage such worker was able to earn in his or her partially disabled condition.
Workers' Compensation Advisory Council 03/21/2003 recommended section 1 of the bill and recommended against section 2 of the bill.
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 recommended section 1 of the bill. Workers' Compensation Advisory Council 03/21/2003 recommended against section 2 of the bill.
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Link to PDF
Fiscal Note PDF
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