Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
January 15, 2004
Here’s what to watch as General Assembly opens
The Second Session of the 103rd General Assembly met for business for the first time at high noon on Tuesday. Because this is the second part of the two-year General Assembly, all bills not acted upon last year were carried over. Some appeared on calendars this week although activity was very light as usual this early in a session.
One bill of interest to the TBA fell into this category. It concerned the requirement that certain government officials who provide consulting services report in detail any fees they receive. Regular readers of LegisFlash will recall TBA interest and involvement in the amendment process for this measure as it passed through the House last year.
Our concerns were that lawyers who served as government officials — legislators and government officers, but also local school board members and members of other low-paid or non-paid public bodies — would be forced to disclose details of fee retainers on legal matters that had nothing to do with their duties. That, of course, would have violated the privacy of clients to their detriment and that of the attorney-public servant.
The bill passed the House last year with TBA-sponsored amendments. The measure was on the Senate calendar for the first day of this session. The sponsor, Sen. Larry Trail, D-Murfreesboro, referred the bill to committee and asked the TBA to help him perfect it. We were happy to agree and will work with the senator over the next few weeks to try to help him accomplish what the sponsors desire without causing unintended negative side effects.
The most notable aspect of the climate on Capitol hill to most observers was the clear intent of members to do their business and adjourn quickly. Committees are planning full calendars as soon as possible, and it appears that the chambers will meet the normal three times a week, not twice a week as sometimes happens when delays set it. Legislators so enjoyed not meeting in June and July last year that they seem to have every intention of wanting to avoid May this year. Since this will be an election year, it is not surprising that they want to return to their home communities as soon as feasible.
The only thing that has a substantial likelihood of delaying matters is the need to “fix” TennCare. All agree that major changes will be required. Debate over what those changes may be could involve substantial amounts of time. It appears at this moment to be “the” issue for the session. It is not yet clear whether workers’ compensation changes will become a major arena for battle. There are the continuing rumblings as the two sides are still opposed. However, it remains to be seen whether this issue will erupt.
“Tort reform” also is still before members, with the study committee having worked all summer holding hearings. Again, observers are not certain whether major changes in current law will be proposed and will be seriously considered for passage.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
