BANKING AND CREDIT
|
SB 0659
HB 0745*
(Full Text) |
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.
|
SB 1799
HB 1720*
(Full Text) |
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.
|
SB 1852
HB 1756*
(Full Text) |
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.
|
SB 1891
HB 1832*
(Full Text) |
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: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 2366*
HB 2750
(Full Text) |
Licensed attorneys as foreclosure auctioneers. Requires only persons licensed as attorney or court-appointed licensed auctioneer to conduct sale in foreclosure proceedings. Requires street address for person conducting foreclosure sale so that person may be served with process. (S: Person; H: Stanley) Senate Judiciary amendment 1, as amended, which requires the identification of an address where the trustee could be located. Includes registered agents for service of process.
Senate Status: Re-referred to Senate Calendar Committee 05/19/2004.
House Status: House Judiciary Summer Study Committee set 06/16/2004.
|
SB 2815
HB 2740*
(Full Text) |
Default and enforcement of security interests. Vests ownership interest in property in secured party upon possession of the collateral that secures the loan. (S: Fowler; H: Bunch)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to fall study committee.
|
SB 2905*
HB 2735
(Full Text) |
Uniform Commercial Code- contents of financing statement. Adds the tax identification number of the debtor to the list of contents required in a UCC-1 financing statement. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Commerce.
House Status: House Civil Practice Subcommittee deferred to fall study committee.
|
CAMPAIGNS & LOBBYING
|
SB 1157*
HB 1377
(Full Text) |
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.
|
SB 1662
HB 0650*
(Full Text) |
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) House State Government Subcommittee amendment 1 changes from $2,000 to $500 and changes from permissive to mandatory.
Senate Status: Taken off notice in Senate State & Local Government Committee.
House Status: Taken off notice in House State Government Subcommittee.
|
COMMERCIAL LAW
|
SB 0992*
HB 1189
(Full Text) |
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.
|
SB 3005*
HB 2882
(Full Text) |
Professional Service Corporation Act. Provides for the incorporation of individuals who render state licensed services to the public. Specifies the membership eligibility for such corporations and establishes corporation privileges and limitations. (S: Kilby; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to 2005.
|
CRIMINAL LAW
|
SB 2127*
HB 2361
(Full Text) |
Issuance of arrest warrants and criminal summons. Authorizes a magistrate to issue either an arrest warrant or a criminal summons when presented by any person with probable cause that a crime was committed. Previously, probable cause was required to be presented by a law enforcement officer. Also removes language that specifies an exception for domestic violence victims. (S: Bryson; H: Casada)
Judicial Council comment: Tennessee Judicial Council 03/11/2004 presented compromise bill
that states that if a non-law enforcement person makes the request, a summons will be issued unless there is a written police report. In that event, either a summons or a warrant can be issued. If there is not a police report, a magistrate or clerk can still issue the warrant or summons under three circumstances. First, if a reasonable likelihood exists that the accused will fail to appear in court. Second, if there are one or more outstanding arrest warrants or criminal summons for the person.
Third, if the accused cannot, will not offer or has not offered satisfactory evidence of identification. Clarifies that a judge can always issue an arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a criminal summons is a criminal failure under the Code. Also, establishes that the booking system will be determined by the local officials.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council 03/11/2004 released with comment.
|
SB 2128*
HB 2362
(Full Text) |
Issuance of arrest warrant or criminal summons. Permits magistrate to issue an arrest warrant rather than a criminal summons when probable cause is brought by a person other than a law enforcement officer in cases involving shoplifting or bad checks. (S: Bryson; H: Casada)
Judicial Council comment: Tennessee Judicial Council 03/11/2004 presented a compromise bill that states that if a non-law enforcement person makes the request, a summons will be issued unless there is a written
police report. In that event, either a summons or a warrant can be issued. If there is not a police report, a magistrate or clerk can still issue the warrant or summons under three circumstances. First, if a reasonable likelihood exists that the accused will fail to appear in court. Second, if there are one or more outstanding arrest warrants or criminal summons for the person. Third, if the accused cannot, will not offer or has not offered satisfactory evidence of identification. Clarifies that
a judge can always issue an arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a criminal summons is a criminal failure under the Code. Also, establishes that the booking system will be determined by the local officials.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council 03/11/2004 released with comment.
|
SB 2872
HB 2650*
(Full Text) |
Warrants of arrest and criminal summons. Permits magistrate to issue either a warrant of arrest or criminal summons regardless of whether the affiant is a law enforcement officer. (S: Herron; H: Maddox) Senate Judiciary amendment 1, House Judiciary amendment 1 adds four new exceptions if the affiant is a non-law enforcement officer. States that if a non-law enforcement officer makes the request a summons will be issued unless there is a written police report. Allows magistrate to issue
the warrant or summons under three additional circumstances: if there is a reasonable likelihood that the accused will fail to appear in court; if there are one or more outstanding arrest warrants or criminal summons for the person; if the accused cannot offer satisfactory evidence of identification. Clarifies that a judge can always issue an arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a criminal summons is a criminal failure under the Code.
Establishes that the booking system will be determined by the local officials. Senate Judiciary amendment 2 makes the bill apply to misdemeanors only. Senate Judiciary amendment 4 deletes the text of the bill in its entirety and inserts the text of Senate Bill 2922.
Judicial Council comment: Tennessee Judicial Council 03/11/2004 presented a compromise bill that states that if a non-law enforcement person makes the request a summons will be issued unless there is a written police report. In
that event, either a summons or a warrant can be issued. If there is not a police report a magistrate or clerk can still issue the warrant or summons under three other circumstances. First, if a reasonable likelihood exists that the accused will fail to appear in court. Second, if there are one or more outstanding arrest warrants or criminal summons for the person. Third, if the accused cannot, will not offer, or has not offered satisfactory evidence of identification. Clarifies that a judge can
always issue an arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a criminal summons is a criminal failure under the Code. Also establishes that the booking system will be determined by the local officials.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Re-referred to House Calendar & Rules 05/19/2004.
Other Status: Tennessee Judicial Council 03/11/2004 released with comment.
|
SB 3116*
HB 3110
(Full Text) |
Issuance of warrants and summons. Permits magistrate, judge of clerk to issue criminal summons instead of warrant of arrest. (S: Burchett; H: Hagood)
Judicial Council comment: Tennessee Judicial Council 03/11/2004 presented a compromise bill that states that if a non-law enforcement person makes the request, a summons will be issued unless there is a written police report. In that event, either a summons or a warrant can be issued. If there is not a police report, a magistrate or
clerk can still issue the warrant or summons under three circumstances. First, if a reasonable likelihood exists that the accused will fail to appear in court. Second, if there are one or more outstanding arrest warrants or criminal summons for the person. Third, if the accused cannot, will not offer or has not offered satisfactory evidence of identification. Clarifies that a judge can always issue an arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a
criminal summons is a criminal failure under the Code. Also, establishes that the booking system will be determined by the local officials.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council 03/11/2004 released with comment.
|
SB 3117*
HB 3109
(Full Text) |
Issuance of warrants and summons. Extends period of time between issuance of notice to appear from not less than 10 days to not more than 45 days from booking to period of not less than 10 days to not more than 60 days. (S: Burchett; H: Hagood)
Judicial Council comment: Tennessee Judicial Council 03/11/2004 presented a compromise bill that states that if a non-law enforcement person makes the request, a summons will be issued unless there is a written police report. In that event,
either a summons or a warrant can be issued. If there is not a police report, a magistrate or clerk can still issue the warrant or summons under three circumstances. First, if a reasonable likelihood exists that the accused will fail to appear in court. Second, if there are one or more outstanding arrest warrants or criminal summons for the person. Third, if the accused cannot, will not offer or has not offered satisfactory evidence of identification. Clarifies that a judge can always issue an
arrest warrant regardless of these conditions. Further clarifies that a failure to appear on a criminal summons is a criminal failure under the Code. Also, establishes that the booking system will be determined by the local officials.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council 03/11/2004 released with comment.
|
FAMILY LAW
|
SB 1625*
HB 2257
(Full Text) |
Court discretion to order a custody arrangement. Demands court to order joint child custody with no custodial parent designated when both parents agree to joint custody; demands that court order sole child custody if both parents agree to it. Clarifies that parent with legal custody is the custodial parent. Obligates court to order joint physical custody with alternating legal custody between the parents when both parents request sole custody or one parent requests joint custody. Gives
court discretion in setting legal custody alternation; grants deviation in cases with evidence of child abuse. (S: Miller J.; H: Bowers) House Family Justice Subcommittee amendment 1 rewrites the bill. Establishes rebuttable presumption that equally shared parenting is in the best interest of the child.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Children & Family Affairs deferred to study committee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 3443
HB 3396*
(Full Text) |
Equally-shared parenting to be new standard in custody. Establishes a rebuttable presumption that equally shared parenting is in the best interest of a child, unless the parents have agreed in open court to a different custody arrangement. (S: Jackson; H: Kernell)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
HB 0936*
(Full Text) |
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: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
HB 0938*
(Full Text) |
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: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
GOVERNMENT CONTRACTS
|
SB 0984*
HB 1571
(Full Text) |
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.
|
GOVERNMENT ORGANIZATION
|
SB 2156
HB 2227*
(Full Text) |
Creation of a solicitor general office. Creates the office of a governor-appointed solicitor general. The solicitor general will assume certain duties currently performed by the attorney general and reporter. (S: Burchett; H: Dunn)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Referred to House Judiciary.
|
GOVERNMENT REGULATION
|
SB 1532
HB 0501*
(Full Text) |
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.
|
SB 1671
HB 1249*
(Full Text) |
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 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 amendment 1 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. Senate amendment 2 defines "consulting services," provides for disclosure of any fees paid, and lists penalties for failure to comply. Senate amendment 4 adds that representing clients in an administrative procedure while in the business or practice of law is not considered a "consulting service."
Senate Status: Senate 05/20/2004 appoints conference committee consisting of Kurita, Trail & McNally.
House Status: House 05/20/2004 appoints conference committee.
|
SB 3020*
HB 2825
(Full Text) |
Private process servers regulation. Creates "Private Process Servers Regulatory Act," to insure that all process servers are licensed within state law. (S: Burchett; H: Buck)
Judicial Council comment: Tennessee Judicial Council released on 03/11/2004 with the following comments: First, the bill limits who may be a process server are too broad. Second, the scope of the bill is too broad with regards to existing statutes. Third, questions are raised with regard to assignment of this
duty to the Secretary of State. Fourth, the cost, an estimated $1.4 million, is another concern.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council released with comment on 03/11/2004.
|
HEALTH CARE
|
SB 1659
HB 0986*
(Full Text) |
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) House Judiciary amendment 1, as amended,
clarifies that trial judges will have the discretion to decide what medical information will be disclosed following the Rules of Tennessee Civil Procedure. Requires a court reporter to be present to record the interview. Instructs the transcript to be filed under seal and requires a copy to be given to both parties of the suit.
Senate Status: Failed in Senate Judiciary 05/11/2004.
House Status: Taken off notice in House Calendar & Rules.
|
SB 3131*
HB 3080
(Full Text) |
Tennessee Health Care Decisions Act. Enacts the "Tennessee Health Care Decisions Act." The act details advance directives for individuals seeking to establish future health care decisions. The act also defines agents, guardians, and surrogates that can be facilitators of the advance directives. Decisions made by these parties on behalf of the patient are effective without judicial approval. Unless it is specifically specified in the advance directive, these decision-making parties have
the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information. A health care provider or institution that intentionally violates provisions of the act is subject to liability to the aggrieved individual for damages of $2,500. Finally, requirements for the withholding of resuscitative services are also established. (S: Burchett; H: Armstrong)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Referred to House Government Operations.
|
INSURANCE HEALTH
|
SB 0652
HB 0797*
(Full Text) |
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.
|
JUDICIARY
|
SB 0845*
HB 1924
(Full Text) |
Meetings of judicial selection commission. Clarifies that meetings of judicial selection commission are subject to open meetings law. (S: Fowler; H: Bunch)
Senate Status: Senate Judiciary deferred to 05/11/2004.
House Status: House Judiciary Summer Study Committee deferred to fall meeting 11/19/2004.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 0853*
HB 1856
(Full Text) |
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.
|
SB 1357
HB 0494*
(Full Text) |
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.
|
SB 1542
HB 0163*
(Full Text) |
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.
|
SB 1766*
HB 1898
(Full Text) |
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.
|
SB 2528*
HB 2592
(Full Text) |
General Sessions judges empowered to correct judgments. Authorizes general sessions judge to exercise all authority and options set out in Rule 60 of the Tennessee rules of civil procedure when correcting a judgment rendered by such judge. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee 02/04/2004 deferred to judicial counsel.
|
SB 2592
HB 2637*
(Full Text) |
Popular election of Tennessee Justices and appellate judges. Provides for popular elections of Supreme Court Justices and appellate judges and abolishes the current Tennessee plan of judicial selection. (S: Fowler; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Summer Study Committee deferred to fall meeting 11/19/2004.
|
SB 2785*
HB 2925
(Full Text) |
Sheriffs' fees. Increases certain fees that sheriffs are authorized to assess, including fees for service of process, garnishment or return of property, arrest and transportation of prisoners and bail bonds. (S: Ford J.; H: Todd) House Judiciary amendment 1 limits the bill to Shelby County. Requires a two-thirds vote of the Shelby County Commission to pass. Senate Judiciary amendment 1, as amended, limits the bill to Shelby County. Requires a two-thirds vote of the Shelby County
Commission for passage. Allows the charge for warrants to be up to $40 and the charge for citations to be up to $25.
Senate Status: Re-referred to Senate Calendar Committee 05/19/2004.
House Status: Taken off notice in House Finance, Ways & Means.
|
HB 1873*
(Full Text) |
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.
|
HB 1874*
(Full Text) |
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.
|
SJR 0036
(Full Text) |
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 opposed 02/13/2003; released to standing committees.
Senate Status: Failed in Senate Judiciary 03/09/2004.
Other Status: Tennessee Judicial Council opposed 02/13/2003; released to standing committees.
|
PROFESSIONS & LICENSURE
|
SB 0640
HB 0706*
(Full Text) |
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.
|
PROPERTY & HOUSING
|
HB 2217*
(Full Text) |
County register duties revised. Revises procedures for filing, registering and recording documents in office of county register. (H: Fowlkes)
House Status: Referred to House Judiciary.
|
TAXES BUSINESS
|
SB 0401*
HB 1021
(Full Text) |
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.
|
SB 0445
HB 0533*
(Full Text) |
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.
|
SB 0553
HB 0679*
(Full Text) |
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.
|
SB 0871
HB 0649*
(Full Text) |
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.
|
SB 0913*
HB 1327
(Full Text) |
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.
|
SB 2525*
HB 2541
(Full Text) |
Franchise tax exemption - family trusts with living grantor. Provides that family trusts created by living individuals are entitled to same franchise tax exemption enjoyed by family trusts created by deceased individuals. (S: Fowler; H: Fowlkes)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
HB 0888*
(Full Text) |
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.
|
TORT LIABILITY
|
SB 0537*
HB 1843
(Full Text) |
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.
|
SB 0605*
HB 1441
(Full Text) |
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: Senate Judiciary deferred to 05/04/2004.
House Status: Failed in House Civil Practice Subcommittee 04/28/2004.
|
SB 0883*
HB 1005
(Full Text) |
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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SB 0993
HB 0854*
(Full Text) |
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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SB 1409
HB 0753*
(Full Text) |
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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HB 1947*
(Full Text) |
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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TRANSPORTATION GENERAL
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SB 2761
HB 2591*
(Full Text) |
Requirements for the issuance of a driver's license. Requires a person applying for a driver's license that has never received a social security number to present a birth certificate or documentation from the U.S. bureau of citizen and immigration services prior to the issuance of a driver license, driver permit or photo identification license. (S: Kilby; H: Vincent)
Senate Status: Taken off notice in Senate Transportation.
House Status: Withdrawn in House 04/07/2004.
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TRANSPORTATION VEHICLES
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SB 2610*
HB 2657
(Full Text) |
Obtaining driver licenses without social security numbers. Permits a driver license applicant without an issued social security number to substitute such applicant's Individual Taxpayer Identification Number as identification. Requires the commissioner to designate one driver testing station to handle such applications in each of the following locations: Chattanooga, Jackson, Johnson City, Knoxville, Memphis, and Nashville. States that licenses of this kind may only be issued from one of
these locations and must contain the phrase, "For Driving Purposes Only." Sets the fee for such license equal to the cost of manufacturing and administering it. (S: Burchett; H: Bowers)
Senate Status: Referred to Senate Transportation.
House Status: Referred to House Transportation Committee.
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SB 2758
HB 2551*
(Full Text) |
Social security number required for license. Requires applicant to provide social security number for purpose of driver license. (S: Kilby; H: Vincent)
Senate Status: Taken off notice in Senate Transportation.
House Status: Withdrawn in House 04/07/2004.
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SB 2889
HB 2588*
(Full Text) |
Proof of insurance required for certain licenses. Requires persons issued a driver license without proof of a social security number to show proof of insurance to the mutual satisfaction of the department of safety and the department of commerce and insurance prior to issuance of license. Authorizes such departments to promulgate rules to effectuate purposes of this act. (S: Dixon; H: Kernell)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: House Transportation deferred to the call of the chair.
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WORKERS COMPENSATION
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SB 0994*
HB 1300
(Full Text) |
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 2583*
HB 2630
(Full Text) |
Workers Compensation Review Board. Creates Workers' Compensation Review Board as independent entity in state government. Provides that board will have three members appointed by governor. Provides that after claim for compensation has been filed, review board will notify employer and any other interested person of filing of claim and refer all interested persons to benefit review conference. Requires review board to order hearing after benefit review conference process is complete and
upon application of any interested party, or on its own motion. Permits full review board to remand to single member of review board or ALJ any case before full review board to take additional evidence. Provides that compensation order or award of ALJ or single commissioner becomes final unless party to dispute, within 30 days from entry of order or award, petitions for review by full review board of order or award. Makes judicial review available in accordance with TCA Title 4, Chapter 5, Part
3 (review of contested cases under Uniform Administrative Procedures Act). States that appeals from review board to court for judicial review are to be allowed as in other civil actions and will take precedence over all other civil cases appealed to court. (S: Ketron; H: Hawk)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against. They feel there are substantive laws that need to be revised first before consideration is given to
adoption of an administrative system.
Senate Status: Taken off notice in Senate Government Operations.
House Status: Set for Workers' Compensation Advisory Council 02/24/2004.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 did not consider.
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SB 2636
HB 2516*
(Full Text) |
Workers' compensation commission. (1) Creates Workers' Compensation Commission as independent entity of state government. Provides that commission will have three members appointed by governor. (2) Provides that after claim for compensation has been filed, commission will notify employer and any other interested person of filing of claim and will refer all interested persons to benefit review conference. (3) Requires commission to order hearing after benefit review conference process is
complete and upon application of any interested party, or on its own motion. (4) Permits full commission to remand to single member of commission or ALJ any case before full commission to take additional evidence. (5) Provides that compensation order or award of ALJ or single commissioner will become final unless party to dispute, within 30 days from receipt of order or award, petitions for review by full commission of order or award. Makes judicial review available in accordance with provisions
of TCA Title 4, Chapter, Part 3 (review of contested cases on Uniform Administrative Procedures Act). States that appeals from commission to court for judicial review will be allowed as in other civil actions and will take precedence over all other civil cases appealed to court. 34 pages. (S: Ketron; H: Eldridge)
Senate Status: Taken off notice in Senate Government Operations.
House Status: House Government Operations deferred to the final calendar.
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SB 2640
HB 2177*
(Full Text) |
Common law defenses of fellow-servant exception. Repeals Workers' Compensation Law. Makes common law defenses of fellow-servant exception to master's vicarious liability, assumption of risk, or contributory or comparative negligence unavailable to employer in action brought by injured worker against employer. Contains broad caption. 30 pages. (S: Dixon; H: Turner M.)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against.
The voting members affirm their belief in the workers' compensation system and do not feel it should be abolished.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 2641
HB 2175*
(Full Text) |
Repeals workers' compensation law. Repeals Workers' Compensation Law. Contains broad caption. (S: Dixon; H: Turner M.)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against. The voting members affirm their belief in the workers' compensation system and do not feel it should be abolished.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 3312
HB 3401*
(Full Text) |
Permanent partial disability benefits review. Caps awards for permanent partial disability at employee's medical impairment rating when pre-injury employer returns employee to employment at wage equal to or greater than wage employee was receiving at time of injury. Permits court to reconsider award when employee is no longer employed by pre-injury employer and makes application within one year of employee's loss of employment, if such loss of employment is within 400 weeks of day
employee returned to work. (2) Permits Commissioner of Commerce and Insurance to request any information or data Commissioner deems helpful in determining that self-insuring employer or pool is financially and actuarially sound for purposes of meeting its obligations. (3) Modifies bad faith penalty -- employer or insurance carrier who fails to pay compensation suffers penalty on any unpaid installments of 15% on payments that are paid between 15 days and 20 days after payment is due, 20% on
payments that are paid between 21 days and 30 days after payment is due, and 30% on payments that are paid more than 30 days after payment is due. (4) Authorizes workers' compensation specialist to set mandatory meeting of parties for benefit review conference. Authorizes specialist to hold such mandatory benefit review conferences, to order initiation of temporary disability and medical benefits, and to settle cases. (5) Makes benefit review conference program mandatory for all cases and states
that court may not conduct trial or enter agreed order without report from specialist, unless otherwise permitted. (6) Provides that workers' compensation suit may not be filed without filing of report or settlement pursuant to TCA 50-6-240, unless benefit review conference is optional or otherwise excused pursuant to TCA 50-6-239. (7) Requires Workers' Compensation Advisory Council to study issues relating to medical costs in workers' compensation cases and bring recommendation concerning
medical fee schedule to legislature on or before 1/15/05. Contains broad caption. (S: McLeary; H: Fitzhugh)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against passage as currently drafted. The members acknowledge the proposed bill does contain many good ideas, but it does not address all the issues that should be addressed in any reform of the system.
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 04/16/2004 recommended against passage as currently drafted. The voting members were unable to reach consensus regarding the PPD multiplier caps, and they suggested that the Department establish rules and regulations to better regulate self-insured employers and pools, that the Commissioner promulgate rules to develop a penalty structure for late benefit payments, that the reform package include mandatory
benefit review conferences, and that the General Assembly adopt a comprehensive medical fee schedule.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: House Employee Affairs Subcommittee deferred to next meeting.
Other Status: Oversight Committee on Workers' Compensation 04/19/2004 adopted comment.
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