Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
April 8, 2004
TBA bill moves through congestion for approval
Despite heavy legislative traffic, the TBA-backed bill to enact a Tennessee Uniform Trust Code (SB0560, HB0743) won approval from the House Wednesday on a 99-0 vote and will now go to the governor for approval. The bill, developed by a joint TBA/bankers committee, had won Senate approval without opposition last week.
Others caught in logjam
Other TBA-backed legislation is still caught up in the committee logjam. The Omnibus Probate bill (SB2599, HB2639) — recommended by the TBA Estate Planning and Probate Section and sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville — was slated for committee action this week, but was rescheduled for next week because of the heavy loads in the committees. The bill is now scheduled for hearing on Tuesday in the Senate’s Judiciary Committee and on Wednesday in the House Judiciary Committee’s Civil Practice and Procedure Subcommittee.
Another bill whose hearing was delayed because of the heavy committee load was the Tennessee Health Care Decisions Act (SB2312, HB2581), which was to be heard Wednesday by the Senate’s General Welfare Health and Human Resources Committee. The bill, which won approval without dissent in the House last week, has been rescheduled for hearing by the Senate Committee on Wednesday. The bill will preserve living wills and durable powers of attorney while enacting the new surrogacy provisions.
Some Family Law bills alive, one on life support
On the other hand, the committee logjam has led to the demise of some bills the TBA had been watching with interest. The Domestic Relations Subcommittee of the House’s Children and Family Affairs Committee did not act on a child custody bill (HB3396, SB2443) that the TBA has opposed before the subcommittee closed down. The bill would have established a rebuttable presumption that equally shared parenting is in the best interest of a child. The TBA is concerned that this may be another way of trying to establish what other bills expressly seek, which is to divide the child’s time more or less equally between the two parents, regardless of the disruption to the child’s schedule or consequences for child support.
Another bill on the topic that was before the subcommittee (HB2257, SB1625) moved to the full committee at the request of its chair. The TBA remains opposed to this bill and hopes to convince the committee it should be voted down.
The subcommittee also voted out the Protective Parent Reform Act (HB2848, SB2966). The TBA and others, including the Judicial Council, have raised questions about this bill. TBA legislative counsel Steve Cobb and Family Law Section Chair Barry Gold have reviewed the bill and believe that it is unclear just what the sponsors intend it to accomplish. They have suggested that the Department of Children’s Services analyze the bill and work with the sponsor and the TBA to redraft it so that the intent is more clearly stated.
Immediate repossession bill bottlenecked
Many other bills being monitored by the TBA remain tied up in committees. These include SB2815, HB2740, which would vest ownership in a secured party upon possession of the collateral that secures the loan. The bills were scheduled for hearings in both houses, but were not acted upon and have been rescheduled.
Tennessee Plan repeal still alive
The same thing happened to a bill (SB2592, HB2637) that would abolish the Tennessee plan on merit selection and retention and provide for popular election of Supreme Court justices and appellate judges. The bills are now scheduled for Judiciary Committee hearings next week in the House and Senate.
Summons in lieu of arrest
Also delayed was action on a bill (SB2127, HB2361) that would make changes in a TBA-backed bill passed last year that created a strong preference for a summons rather than an arrest where no law enforcement is involved. A compromise spearheaded by House Judiciary Committee Chair Joe Fowlkes appears to be on its way to adoption.
Workers’ comp update
The Senate Commerce Labor and Agriculture Committee continues to hold hearings on the issue, receiving testimony this week from several industry representatives. Committee Chair Jerry Cooper, D-Morrison, has indicated that the committee will begin considering legislation as early as next week. The TBA’s suggestions have been widely distributed and are being considered by those who have an interest in this area.
Tort reform report issued
The Joint Tort Reform Subcommittee, appointed last session to study legislation introduced to change liability and damages standards, issued its final, final report yesterday.
The report recommends better data gathering on medical professional liability claims and settlements because it concludes that there is not enough evidence to support any of the approaches to limiting medical professional liability.
As to teaching hospitals and physicians in view of the Lebonheur decision, the committee recommends legislation to clarify vicarious liability and supervisory responsibilities. State-contracted developmental disability centers would also get some help in stabilizing liability premium rates if the report’s recommendations are adopted.
The report touches on enhanced insurance regulation and nursing home liability with specific recommendations.
Finally, the committee recommends legislation to address the restrictions on ex parte physician contact after Givens, if the delicate balance of competing interests of privacy, proper treatment, confidentiality and expense and delay in litigation can be accomplished.
The complete report may be found at http://www.tba.org/legisflash/2004/tort_reform_report_2004.html
Keep up to date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
