Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
May 6, 2004
Workers’ comp legislation still in flux
Gov. Bredesen’s plan to change the workers’ compensation system remains in flux following another week of hearings and maneuvering by interested parties.
The Senate’s Commerce Agriculture and Labor Committee adjourned Wednesday without taking any action on the bill, and the House followed suit Thursday, as it deferred any action until next week.
The CA&L Committee is not on the Senate’s schedule for next week, though it could reconvene at the call of the chair, Sen. Jerry Cooper, D-Morrison.
Observers expect that to happen, after a number of issues are worked out behind the scenes. However, there are some signs of serious efforts by committee members to develop alternatives — in whole or in part — to the governor’s plan.
One proposal apparently being looked at comes from the TBA’s Special Committee on Workers’ Comp. It concerns the governor’s call for a mandatory Benefit Review Conference before a suit can be filed.
The TBA committee thinks that a substantial number of benefit review conferences held before the filing of a claim in court and discovery has taken place might be meaningless, because the parties in more complicated or disputed cases might not have enough information to mediate successfully. It suggests allowing necessary discovery to take place before these conferences so that they would be more meaningful.
You can download the full TBA committee report at http://www.tba.org/legisflash/2004/TBA_wcviewpoint_04_29_04.doc
Judicial Selection Commission
A bill (HB1924, SB0845) that would require meetings of the Judicial Selection Commission to be open to the public has been referred to the House Judiciary Committee for study this summer.
Tennessee Plan
The 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 remains on the calendar for the House Judiciary Committee. The bill was discussed by the committee this week, but no action was taken.
TBA-backed Omnibus Probate Bill
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 — won unanimous support from the House this week. It is scheduled for hearing in the Senate Judiciary Committee next week.
Summons in lieu of arrest
The two bills that address concerns brought about by last year’s legislation, which created a preference for a criminal summons in lieu of arrest, remain in the House Finance Ways and Means Committee. Each bill carries substantial fiscal notes, since they would have an impact on jails.
Both bills give the magistrate discretion to issue a warrant when there is imminent threat of domestic violence, when a peace officer or a peace officer’s report is involved, where the risk of flight is substantial, or where there is an outstanding criminal summons or warrant.
The bill favored by the TBA makes no further exceptions. The bill brought by the bail bond industry also permits warrants, no matter the circumstances, in all felony cases.
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
