BANKING & CREDIT
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SB 0203
HB 0021*
(Full Text) |
Tennessee Predatory Lending Prevention Act. Seeks to protect consumers from predatory lending practices used in subprime markets. (S: Dixon; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
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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.
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SB 0661*
HB 1068
(Full Text) |
Restriction on check cashing charges. Deletes provision for bank to pay all checks drawn at par and make no charge for payment of such checks. (S: Cooper J.; H: Hargrove)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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SB 0844*
HB 1920
(Full Text) |
Rebuttable presumption in bankruptcy cases. Establishes a rebuttable presumption that debtor is acting in bad faith if debtor obtains loan or any other advance of money or any other property within 90 days of filing a bankruptcy petition. (S: Jackson; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 0904*
HB 1395
(Full Text) |
Credit cards - revisions in owner's liability. Reduces for person who exhibits reasonable care of credit card use the liability limitation to $75 from $100 for failure to notify credit card issuer of unauthorized credit card use. Removes liability of gross negligence from the list of offenses for which a credit card holder will not be relieved. (S: Clabough; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce.
House Status: Caption bill held on House clerk's desk.
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SB 0906
HB 0932*
(Full Text) |
Banks allowed to organize as limited liability companies. Allows state-chartered banks or savings banks to be organized or re-organized as limited liability companies. Includes language stating that such banks are to be considered incorporated for Tennessee law purposes and therefore eligible for deposit insurance under the Federal Deposit Insurance Act, as long as such banks satisfy all the traditional attributes of a corporation. Permits department of financial institutions to prescribe
and regulate form and application procedure for such entities. (S: Clabough; H: Shepard)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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SB 1776
HB 1180*
(Full Text) |
Bankruptcy - federal program benefits exempted. Protects federal program benefits from execution, seizure or attachment in bankruptcy action. (S: Fowler; H: Vincent)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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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.
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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.
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SB 1853
HB 1757*
(Full Text) |
Prepayment penalty period for home improvement loans. Restricts period for prepayment penalty for home improvements to owner-occupied residence where residence is collateral for loan to no longer than 24 months after date of consummation of loan of $100,000 or less. (S: Herron; H: Maddox) House Civil Practice Subcommittee amendment 1 includes assignee liability language that provides a safe harbor from catastrophic liability for loan purchasers agreeing not to purchase high cost loans.
Incorporates yield spread premiums into the definition of points and fees. Includes a reasonable solution for calculating points and fees on open ended loans in order to limit abuse. House Civil Practice Subcommittee amendment 2 exempts motor homes and manufactured homes from the provisions of the bill.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 01/01/2004.
House Status: Taken off notice in House Judiciary.
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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.
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SB 2335*
(Full Text) |
Non-profit Credit Counseling Services Act. Requires non-profit consumer credit agencies that provide debt management services to register with commissioner of financial institutions. Requires commissioner to regulate non-profit consumer credit agencies. (S: Cooper J.)
Senate Status: Taken off notice in Senate Commerce.
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SB 2339*
HB 2804
(Full Text) |
Credit services businesses. Requires for-profit and non-profit consumer credit services businesses to obtain a signed statement from each consumer indicating that the consumer understands that participation in a debt management plan may negatively impact the consumer's credit score. (S: Cooper J.; H: Curtiss)
Senate Status: Taken off notice in Senate Commerce.
House Status: Referred to House Consumer & Employee Affairs.
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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. Senate appointed subcommittee, 05/19/2004, of the following members: Fowler (R), Norris (R), Trail (D). Subcommittee will look at the issue and report back to the general assembly.
House Status: Taken off notice in House Civil Practice Subcommittee.
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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.
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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.
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SB 2953*
HB 3300
(Full Text) |
Credit services businesses. Requires the department of financial institutions, division of consumer affairs, to report consumer complaints about the quality of advice and specified services provided by credit services businesses, including advice related to debt management plans. Requires division to report the results of this study to the governor. (S: Herron; H: Odom)
Senate Status: Taken off notice in Senate Commerce.
House Status: Held on House clerk's desk.
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HB 1859*
(Full Text) |
Collection agencies barred from blocking caller ID. Prohibits collection service or collection service licensee from conducting any collection service by telephone if the collection service or collection service licensee is using telephone equipment which blocks the caller ID function of the number dialed so that the telephone number of the caller is not displayed on the telephone. (H: Kernell)
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
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CAMPAIGNS & LOBBYING
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SB 0854*
HB 1218
(Full Text) |
Lobbyists file quarterly reports. Requires lobbyists to file a quarterly report instead of an annual report with the registry of election finance of activities during the quarter. (S: Fowler; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House State Government Subcommittee.
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SB 0922*
HB 1828
(Full Text) |
Registration requirements for lobbyists. Allows filing of statement rather than annual document of authority for each client if lobbyist's clients remain unchanged. (S: Cohen; H: Jones U.)
Senate Status: Senate passed 05/21/2003.
House Status: Referred to House State Government Subcommittee.
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SB 0925
HB 0857*
(Full Text) |
Affirmation of campaign finance disclosures. Allows campaign financial disclosure statements to be submitted without being affirmed by a notary. (S: Crutchfield; H: Brown) House amendment 1 requires all such statements to be signed in the presence of one witness who shall also sign such statements as a witness. Clarifies that the treasurer shall not be authorized to sign as a witness.
Senate Status: Senate passed 04/19/2004.
House Status: House 03/29/2004 passed with amendment.
Other Status: Enacted as Public Chapter 0594 (effective 05/04/2004).
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SB 1094
HB 0958*
(Full Text) |
Disclosure requirements revised. Revises disclosure and reporting requirements for candidates, committees and lobbyists. Requires candidate for state office to make reasonable effort to include on their report of campaign contributors the occupation and employer of each individual contributor. Written request to contributor will qualify as reasonable. Requires disclosure of interest paid on campaign funds through June 30 for primary elections and September 30 for general elections.
Requires lobbyists in their annual disclosure to include a list of expenditures made collectively on behalf of each of these groups: executive department officials, legislators, candidates for state office, and families of these groups. Disclosure shall be for expenditures not including political contributions. (S: Fowler; H: Hargett)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House State & Local Government Elections Subcommittee.
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SB 1095
HB 0959*
(Full Text) |
Campaign financial reports on internet. Requires the registry of election finance to provide full public access to campaign financial reports over internet as soon as technically feasible. Clarifies that reports containing campaign contributions are not to contain addresses of contributors. (S: Fowler; H: Hargett)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House Elections Subcommittee.
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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.
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SB 1193
HB 1205*
(Full Text) |
Making campaign disclosure information available online. Requires registry of election finance to make contribution and expenditure information from disclosure statements available online by means that are searchable, viewable and accessible in read-only format through internet. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate State & Local Government Committee.
House Status: Taken off notice in House State & Local Government Elections Subcommittee.
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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.
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HB 0653*
(Full Text) |
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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SJR 0019
(Full Text) |
Constitutional amendment - Elected Attorney General. Proposes an amendment to Article VI, Section 5, of the Constitution of Tennessee, to provide for a popularly elected Attorney General and Reporter for the state. (S: Fowler)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
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HJR 0827
(Full Text) |
Proposes a popular election for the state comptroller. Proposes an amendment to the Tennessee Constitution to provide for a popular election for the state comptroller of the treasury. (H: Hensley)
House Status: Referred to House State Government Subcommittee.
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HJR 0828
(Full Text) |
Proposal for attorney general popular elections. Proposes a popular election for the attorney general and reporter. (H: Cochran)
House Status: Referred to House State Government Subcommittee.
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HJR 0829*
(Full Text) |
Constitutional amendment - state treasurer. Changes state treasurer position to elected position, voted on by all registered, qualified state citizens. Requires that candidate for position be thirty years old and a U.S. citizen for at least five years prior to the election. Term of office shall continue to be four years. (H: Johnson P.)
House Status: Referred to House State Government Subcommittee.
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COMMERCIAL LAW
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SB 0009*
HB 0175
(Full Text) |
Antitrust laws and monopolistic practices. Evaluates antitrust laws in relation to services and monopolistic practices. Declares that full and free competition of commodities or services shall not be infringed. Holds persons or corporations jointly and severally liable to pay all debts incurred by such monopolistic practices. Specifies that all persons injured or damaged by said monopolies have the right to sue and recover their loss of goods or services. (S: Cooper J.; H: Briley)
TennCare Oversight Committee comment: This bill does not address the TennCare program directly.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
Other Status: TennCare Oversight Committee 04/07/2003 adopted the comment.
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SB 0207
HB 0015*
(Full Text) |
Check cashing for employee should be free. Prohibits an employer from charging a check cashing fee to an employee for cashing a payroll check issued by that employer. (S: Dixon; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
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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.
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SB 1161*
HB 1675
(Full Text) |
TN Processing Cooperative Law. Requires the approval of the county legislative body for certain special uses of land in counties with no countywide zoning regulations. Specifies the administrative procedure of the law, the applicability specifications and the approval process. Creates a Class C misdemeanor charge for offense against the processing law. (S: Norris; H: Davidson) Senate amendment 1 details the formation of a Processing Cooperative, including the filing of articles and
creation of bylaws. Explains the appointment and duties of a registered agent. Outlines procedure for amending cooperative articles. States that the new cooperative is subject to the same fees and taxes as current cooperatives. Details the powers and limits to power of a cooperative. Defines the conditions and limits on a marketing contract and punishments for violation. Allows cooperative to distribute unclaimed property to a corporation or entity exempt from taxation. Outlines procedure for
challenging a cooperative's actions, including those that affect membership interests. Details rights of members and liabilities upon cooperative termination. Explains member's financial rights and governance rights and the fate of member interests upon member death. Outlines voting, action and procedures in cooperative meetings and special meetings. Details the records, financial statements, and annual reports. Defines an agent of a cooperative. Discusses the appointment, powers, and
limitations of the board of directors and other administrative positions. Sets out judicial action against a cooperative. Outlines procedure for dissenters to act against cooperative decisions, payment procedure, and disciplinary action including judiciary procedure. Discusses the allocation of profits and losses between patron membership interests collectively and other membership interests. Outlines mergers between cooperatives. Discusses the dissolution, reinstatement, and termination of a
cooperative. Senate amendment 2 changes the farmer's percentage of control in a cooperative agreement from 50% to 51% and makes technical changes.
Senate Status: Senate 04/01/2004 passed with amendment.
House Status: House passed 04/05/2004.
Other Status: Enacted as Public Chapter 0534 (effective 01/01/2005).
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SB 1214
HB 0619*
(Full Text) |
Claims against dissolved limited partnership. Increases time for filing claim against dissolved limited partnership to four months from three months. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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SB 1225
HB 0627*
(Full Text) |
Proxy appointment length of validity. Increases length of validity for proxy appointment for corporate shareholder voting purposes from 11 months to one year in for-profit corporations. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
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SB 1856
HB 1755*
(Full Text) |
Out-of-state consumer protected against TN violator. Redefines "consumer" and "person" under the Consumer Protection Act of 1977 to include out-of-state consumers if violator is located in whole or in part within the state. Requires court to make every effort to make consumers and other persons whole by ordering restitution of any ascertainable loss to such person when such a violation has occurred. Specifies that such losses are to be returned to affected consumers located within or
outside the state if the entity or person violating the act is located in whole or in part within the state. Also specifies that such finding does not limit any consumer's private right of action. (S: Herron; H: Maddox) House Consumer Affairs Subcommittee amendment 1 expands consumer protection to include entities both within and outside the state.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer & Employee Affairs.
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SB 1889
HB 1908*
(Full Text) |
Nonpayment notification - mechanic or materialman's lien. Deletes notice of nonpayment requirement concerning certain work performed by subcontractor, laborer or materialman who wish to perfect mechanic's lien or materialman's lien. (S: Clabough; H: Overbey)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
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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.
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CORRECTIONS
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SB 2375*
HB 2722
(Full Text) |
Wrongful imprisonment. Establishes, under certain circumstances, the rate of indemnification for wrongful imprisonment. (S: Cohen; H: DeBerry J.)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Government Operations.
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SB 2689*
HB 2859
(Full Text) |
Wrongful imprisonment indemnification. Establishes the rate of indemnification for certain wrongful imprisonment claims to be $100 for each day of incarceration served after the claimant's conviction. This only applies to those exonerated from guilt on or after 1/1/2000. (S: Cohen; H: DeBerry J.) Senate Finance amendment 1 revises the law when claims for compensation are made to the board of claims for wrongful imprisonment. Requires the board of claims to hear claims for compensation by
a person wrongfully imprisoned and granted exoneration. Provides for amount awarded to be paid in monthly installments, subject to the request for a lump sum payment. Requires any claim for compensation to be filed with the board of claims no later than 1 year from the date that the claimant is granted exoneration. Specifies that the state shall have a right of subrogation for any amount awarded against any person who willfully and intentionally committed an act or engaged in conduct that
directly resulted in or contributed to the wrongful conviction. Senate Finance amendment 2 allows the Board of Claims to determine compensation after considering a variety of enumerated factors. Limits the maximum award to $100,000. House amendment 3 rewrites the bill to provide a structure for claims for compensation by persons who have been wrongfully imprisoned and granted exoneration. Any award made by the board would be subject to the following conditions: (1) Compensation would be
determined by the board, subject to a cap of $1 million. (2) The amount awarded would be payable in equal monthly installments unless the person dies. The amount of monthly installments would be calculated by dividing the non-commuted amount of the award by the estimated number of months the claimant will live based on the claimant's life expectancy determined by mortality tables adopted by the board of trustees of the Tennessee consolidated retirement system. (3) Upon the death of the claimant,
any monthly payments left would be paid to the claimant's surviving spouse and surviving minor children in equal portions. The amount surviving spouse's share would be paid to the surviving spouse until death of remarriage. If the surviving spouse dies or remarries then the amount that was payable to the spouse would be divided equally among the surviving children. Each child would receive their share until reaching majority status (18 years old) or death, at which time the amount would be
redistributed equally among the remaining minor children. If the claimant has no surviving spouse or children, the payments would cease. (4) Upon motion of the claimant or in the discretion of the board all or a portion of the compensation could be commuted into a lump sum payment. In determining whether to commute the compensation the board would consider whether there exists special needs, whether it is in the best interest of the person, and whether the person has the ability to wisely manage
and control the commuted award irrespective of whether there exists a special need. The claimant has the burden of proving that a lump sum payment if warranted. (5) This amendment would authorize the board to use a compensation award under this bill to fund an annuity upon request of the claimant. (6) Any claim for compensation would have to be filed within one year of exoneration. (7) Tennessee would have the right of subrogation for any amount awarded against any person who willfully and
intentionally committed an act or engaged in conduct that directly resulted in or contributed to the wrongful conviction and imprisonment of the claimant.
Senate Status: Set for Senate floor 05/20/2004.
House Status: House 05/20/2004 passed with amendment 3. House amendment 3 rewrites bill to provide a structure for claims for compensation by persons who have been wrongfully imprisoned and granted exoneration. Specifies that awards made by the board would be subject to certain conditions.
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CRIMINAL LAW
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SB 0371*
HB 1414
(Full Text) |
Civil or criminal contempt charges. Establishes as defense to a charge of civil or criminal contempt during the course of a domestic abuse case the fact that the petitioner initiated or consented to the contact held in question. (S: Crutchfield; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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SB 0387
HB 0118*
(Full Text) |
Rights of indigent defendants. Authorizes the court of record that has found a defendant to be indigent to hold hearings in open court to determine whether investigative or expert services are necessary to ensure constitutional rights of the defendant are protected. Prohibits "ex parte," (one party) hearings or meetings between the trial judge and counsel for the purpose of determining the necessity of investigative or expert services. (S: Fowler; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 0398*
HB 1371
(Full Text) |
Criteria for release under pre-trial release program. Specifies criteria that must be met in order for a person to be released under a government supported pre-trial release program. Requires the person to have no previous criminal convictions. Offender may be released only if charged with a non-violent misdemeanor. Allows all records pertaining to adult offenders released under the program to become public information. (S: Graves; H: Brooks, Henri) House Judiciary Criminal Practice
amendment 1 establishes that the bill will have statewide application. Restricts the number of persons that will be eligible for pre-trial release programs. Establishes the requirement for bond hearings.
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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SB 0441
HB 0409*
(Full Text) |
Capital Punishment Equal Protection Act of 2003. Specifies how a prosecutor shall file a first-degree murder evaluation form. Declares that before the prosecutor makes a decision whether to seek a sentence of death the prosecutor must allow counsel to provide mitigating information and explore bona fide plea negotiations. Requires that the district attorney general shall seek a sentence of death only in the cases by which the evidence of guilt is substantial. Notes that a defendant who is
under a sentence of death may review any and all relevant files in the possession of the district attorney general upon written request. (S: Cohen; H: Briley)
Tennessee Judicial Council comment: Tennessee Judicial Council amendment makes legislation advisory not mandatory.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003 with amendment.
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SB 0639
HB 0709*
(Full Text) |
TN Identification and Personal Information Protect Act 2003. Renames Tennessee Identity Theft Deterrence Act of 1999 as "Tennessee Identification and Personal Information Protection Act of 2003." Includes unauthorized transfer of personal information under such act. (S: Ford J.; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Judiciary deferred to Judiciary Summer Study Committee.
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SB 0781
HB 0143*
(Full Text) |
Records available to employee of attorney of record. States that arrest histories of a defendant or potential witness in a criminal proceeding shall be made to both attorney of record and also employee of attorney of record. (S: Miller J.; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 0869
HB 0652*
(Full Text) |
Misdemeanor arrests by officer with probable cause. Allows arrests for misdemeanors by an officer without a warrant if the officer has probable cause for the arrest and the person does not provide evidence of identification. (S: Ramsey; H: Stanley)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/27/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study committee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
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SB 1076*
HB 1579
(Full Text) |
Misuse of seized funds by district attorney. Requires comptroller of the treasury to audit such funds awarded pursuant to forfeited property, seized drugs, or bad checks and file copy with clerk of each house of general assembly. Creates as Class C misdemeanor for failure of district attorney to notify comptroller of proceeds. Creates offense, punishable as theft, for district attorney to misuse money in drug, forfeiture, and bad check funds. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 1089
HB 1145*
(Full Text) |
Statutory rape, child sexual abuse - same duty to report. Requires instances of statutory rape to be reported by same officials and in same manner as is presently required for child sexual abuse and child abuse. (S: Fowler; H: DeBerry J.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Budget Subcommittee deferred to 2004.
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SB 1113*
HB 1631
(Full Text) |
Restoration of Citizenship Rights Act of 2003. Revises procedure for restoring rights of persons convicted of certain crimes. Restores citizenship rights of persons with a conviction whose maximum sentence is less than one year upon such persons serving their entire sentence or receiving a pardon. Permits a person who has been deprived of citizenship rights pursuant to a conviction of one year or more to seek restoration by filing a petition for restoration in the circuit court of the
person's county of residence or in the circuit court of the county in which the judgment was entered. (S: Jackson; H: West)
Tennessee Judicial Council comment: Tennessee Judicial Council approved if amended 03/13/2003; Tennessee Judicial Council amendment provides the judge discretion with regard to determining whether a petition should be granted. Requires all fines, court costs, and restitution be paid prior to petition being granted. Prohibits multiple restorations. Requires a higher
standard to have a person's rights restored to carry a weapon. Requires the AOC to promulgate and distribute to each circuit court clerk a uniform form for petitioning for the restoration of citizenship rights.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Oversight Corrections Committee 03/17/2003 reviewed, comment adopted and released to full committee.
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SB 1351
HB 0116*
(Full Text) |
Requirements for petitioners with plea agreements. Specifies that all issues known to a petitioner seeking post-conviction relief as a result of a plea agreement with the state are waived unless reserved by the petitioner. Provides that the petitioner shall have the burden of proving allegations of fact by convincing evidence. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 1386*
(Full Text) |
Signing of form by those advised of Miranda rights. Requires law enforcement officer after arresting person and advising such person of applicable constitutional rights to request such person to sign a form designed by the P.O.S.T. commission stating that person has been advised of and understands these rights. (S: Burks)
Senate Status: Taken off notice in Senate Judiciary.
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SB 1433
HB 0104*
(Full Text) |
New bond required on appeal of conviction in certain cases. Requires defendant filing a timely appeal with the court of criminal appeals to make new bond to such court even if original bond has not yet terminated. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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SB 1434
HB 0103*
(Full Text) |
Duration of bail bonds. Requires defendant appealing criminal sentence, placed on diversion, probation, community correction or fined to execute new bond or recognizance even if original bond has not yet terminated. Current law allows trial judge, after examination of original bond, to set out in a written order that such original bond is sufficient. This bill would eliminate that provision. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council
recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
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SB 1445
HB 0122*
(Full Text) |
Recording of interrogations of criminal defendants. Declares that the statement of an accused made under custodial interrogation shall be inadmissible unless an accurate and unaltered electronic video and audio recording is made and the accused is advised of his rights. Requires that the recording be preserved until all appeals by the accused are exhausted. Declares that if a defendant was subjected to and can prove an interrogation prior to the one which was the subject of the recording
and that prior interrogation was not recorded, then any statements made by the defendant are inadmissible except for the purpose of impeachment. Permits statements that voluntarily implicate or have a bearing on the credibility of the accused. Permits unrecorded statements where the electronic equipment is not feasible. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 1501*
HB 1314
(Full Text) |
TBI criminal history checks for persons working with kids. Clarifies that criminal history records check for persons working with children will include check conducted by FBI as well as TBI. Clarifies that FBI will be reimbursed for cost of criminal history records check by organization requesting such check. (S: Crowe; H: Turner B.) House amendment 1 requires fingerprinting and criminal background check to be conducted by either the TBI or FBI rather than both entities.
Senate Status: Senate passed 04/02/2003.
House Status: House 03/27/2003 passed with amendment.
Other Status: Enacted as Public Chapter 0030 (effective 07/01/2003).
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SB 2121*
HB 3052
(Full Text) |
Drug or Alcohol Impaired Minor Responsibility Act. Shifts the liability for damages caused by an impaired minor to an adult if the adult willfully supplied alcohol or drugs to the minor. These damages include personal injury and property damage caused by the minor to himself and others. This act does not apply to alcohol providers who complied with all applicable provisions of the law. (S: McNally; H: Newton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Joint Ad Hoc Committee on Alcohol & Citizen Responsibilities released to full committee without recommendation.
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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.
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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 2275
HB 2290*
(Full Text) |
TBI background checks. Permits the chief justice of the supreme court and the governor to request investigative records from the TBI and request that the TBI conduct background investigations on potential appointees. (S: Trail; H: Coleman) House amendment 3 states that the chief justice may request the TBI to conduct background checks to investigate applicants for 7 specific positions, including attorney general and reporter, clerk of the supreme court and administrative director of the
courts. House amendment 4 authorizes the nominating commission to perform background checks for the position of director of TBI. House amendment 5 authorizes the commission to contract with a private entity for other services, provided that names of applicants and records shall remain confidential. Changes the effective date to "upon becoming law."
Senate Status: Senate 04/12/2004 concurred in House amendments 3,4 & 5.
House Status: House 04/07/2004 passed with amendment.
Other Status: Enacted as Public Chapter 0528 (effective 04/13/2004).
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SB 2343*
HB 3469
(Full Text) |
Anti-Spam Act of 2004. Creates an offense to knowingly engage in intentionally initiating the transmission of multiple commercial e-mail messages to a protected computer without authorization or to transmit a transactional or relationship message that contains header information that is materially false or misleading. Also specifies that such violation is a Class D felony punishable by fine and imprisonment of up to five years. (21 pp.) (S: Kyle; H: McMillan) House Judiciary amendment 1
defines an existing customer to be the recipient of an electronic mail message through the purchase of products or services from the initiating electronic mail message within 12 months prior to the message being sent. House Judiciary amendment 2 establishes the time period for the bill to become law. States that if a national domestic "Do not call" registry is established by federal law then the Tennessee regulatory authority would have the ability to submit the same type of regulations in
Tennessee no later than six months after the effective date of the federal law.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
SB 2361*
HB 2973
(Full Text) |
Violation of domestic violence order. Punishes a violation of a domestic violence order as a class A misdemeanor that must be served day for day in continuous confinement. (S: Person; H: Bowers)
Senate Status: Failed in Senate Judiciary 04/27/2004.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
SB 2473*
HB 3186
(Full Text) |
Admits evidence from prior sexual offenses. Admits evidence of a defendant's prior conviction of a sex offense when the victim was less than 13 if the defendant is presently being convicted for a sex crime in which the victim is less than 13. Subject to Rule of Evidence 403 stating the exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Requires state give at least 15 day notice before trial or later as the court may allow for good cause. (S: Burchett; H:
Rinks) Senate amendment 1 clarifies that a prior conviction must involve a victim less than thirteen years old. Senate amendment 2 defines prior convictions and distinguishes public indecency convictions.
Judicial Council comment: Tennessee Judicial Council released on 03/11/2004. The Rules Commission has refused to recommend this exception. Under State v. Mallard, this is a judicial, not a legislative decision.
Senate Status: Senate 05/19/2004 passed with amendments 1 & 2. Senate amendment 1 clarifies that a prior conviction must involve a victim less than thirteen years old. Senate amendment 2 defines prior convictions and distinguishes public indecency convictions.
House Status: House 05/20/2004 non-concurred in Senate amendment 1 and concurred in Senate amendment 2.
Other Status: Tennessee Judicial Council released on 03/11/2004.
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SB 2812
HB 2738*
(Full Text) |
Warrant delivery by mail. Validates the service of a warrant by mail if the warrant arrived by registered mail and the postal service possesses a written return receipt that the addressee refused to accept it. (S: Fowler; H: Bunch)
Senate Status: Senate Judiciary deferred to 05/11/2004.
House Status: House Judiciary deferred to the summer study committee.
|
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: Senate Finance, Ways & Means set 05/19/2004. 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 3101*
HB 3391
(Full Text) |
Redefines communication theft. Redefines communication theft as involving the intent to defraud a communication provider of lawful compensation, punishing such offense as a theft of services. Calls for a fine-only punishment in the case of a first-time offender who has stolen less than $1,000 worth of services. Enables a communication provider that discovers a violation to institute civil action as well as be awarded statutory damages. Directs all references to cable television theft to
be replaced with communication theft. (S: Trail; H: Briley) House amendment 2 removes from the definition of "intent to defraud" one who acts with the intent to assist another in defrauding a communications service provider. House amendment 3 exempts from this bill monitoring activities that are conducted for the purpose of paying royalties or residuals pursuant to a collective bargaining agreement. House amendment 4 removes the requirement that communication theft involving five or more
unlawful telecommunications devices be classified as no lower an offense than a Class D felony. Under this amendment, all instances of communication theft would be classified in the same manner as theft of services. House amendment 5 clarifies that this bill would not prohibit any non-profit library, archive, or educational institution from engaging in lending services to the extent permitted under federal copyright law.
Senate Status: Senate passed 05/06/2004.
House Status: House 05/06/2004 passed with amendment.
Other Status: Sent to governor 05/06/2004.
|
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.
|
SB 3146
HB 2962*
(Full Text) |
Issuance of arrest warrants and criminal summons. Reduces the time a misdemeanor arrest warrant or criminal summons has to be served, returned or quashed before it is automatically terminated and removed from the records from five years to three years. (S: Beavers; H: Lynn)
Judicial Council comment: Tennessee Judicial Council released on 03/11/2004. The bill did not propose a valid reason to change the existing time limit from five years to three years.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council released with comment on 03/11/2004.
|
HB 0671*
(Full Text) |
Study of equal access to justice in death penalty trials. Establishes the Death Penalty Fairness Study Committee and charges the committee to study and make public policy recommendations designed to guarantee fairness and accuracy in the application and administration of the death penalty. Specifies committee size and composition. (H: Briley)
Tennessee Judicial Council took no action on the bill 02/27/2003.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003.
|
HB 0763*
(Full Text) |
Moratorium on death penalty. Provides for moratorium on death penalty until such time general assembly and governor act upon recommendations of committee to study equal access to justice and other implications of death penalty. (H: Turner L.)
House Status: Referred to House Judiciary.
|
EDUCATION
|
SB 2894*
HB 2953
(Full Text) |
Exemption - Section 529 plans. Exempts all educational savings plans (Section 529 plans) from all state and local taxation, execution, attachment, garnishment, bankruptcy, and insolvency laws. Applies to Tennessee Baccalaureate Education System Trust (BEST) plan and similar plans created under federal law or any other state's law. Existing exemption applies only to BEST plan. (S: Miller J.; H: McKee)
Senate Status: Senate passed 05/06/2004.
House Status: House passed 03/18/2004.
Other Status: Signed by governor 05/18/2004.
|
ENTERTAINMENT
|
SB 2186
HB 2240*
(Full Text) |
Creates regulatory framework for non-profit fundraisers. Establishes regulatory framework for annual events operated for the benefit of a 501(c)(3) organization. (S: Kyle; H: Tindell) House State & Local Government Committee amendment 1 deletes the language, "punishable by fine only."
Senate Status: Referred to Senate State & Local Government.
House Status: House State & Local Government 03/02/2004 recommended with amendment. Sent to Calendar & Rules.
Other Status: Lottery Oversight Committee deferred to next meeting.
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ENVIRONMENT & NATURE
|
SB 0080
HB 0217*
(Full Text) |
Protection extended to include ecological features. Expands protection of Class II natural-scientific areas in the state that are associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation. Protection shall include preservation of ecological values in addition to natural or
scientific values. (S: Haynes; H: Turner M.)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Caption bill held on House clerk's desk.
|
SB 0201*
HB 1073
(Full Text) |
Liability in hazardous waste management. Exempts person as "liable party" within Tennessee Hazardous Waste Management Act who would be excluded from liability under the provisions of federal Superfund Recycling Equity Act. (S: Ramsey; H: Godsey)
Senate Status: Senate Environment, Conservation & Tourism 03/05/2003 recommended. Sent to Senate Finance.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0335
HB 0480*
(Full Text) |
Fees paid to drycleaner environmental response board. Removes requirement that the drycleaner environmental response board promulgate rules that establish a schedule of amounts of annual registration fees to be paid by drycleaning facilities that is based on the amount of drycleaning solvent purchased. Also removes requirement that the board promulgate rules that establish three categories of drycleaning facilities based on the amount of solvent used requiring payment of the different
levels of deductible. (S: Cooper J.; H: Fraley)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: House Environment Subcommittee deferred to 2004.
|
SB 0338*
HB 1037
(Full Text) |
Use of on-site aerobic sewage treatment plant. Allows a single-home on-site aerobic sewage treatment plant to be utilized without a field line system for final disposal in any area that is geologically undesirable for a single-home residential septic tank and drain field system. Specifies requirements for permit applications for aerobic sewage treatment plant. Also specifies that submission of false information on permit applications constitutes a Class A misdemeanor. (S: Herron; H:
Rinks)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Taken off notice in House Health and Family Assistance Subcommittee.
|
SB 0777*
HB 0869
(Full Text) |
Recycling program for beverage containers. Requires all beverages sold in the state to be sold in reusable containers which may be returned by the consumer for a refund of their deposit on the container. Beverages include soft drinks, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink. (S: Miller J.; H: Johnson R.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Introduced 2/13/2003
|
SB 0782*
HB 1462
(Full Text) |
Tennessee Environmental Policy Act of 2003. Requires an environmental assessment report be submitted to the commissioner of environment and conservation before commencement of any proposed government action such as construction or purchase of land that could potentially affect the state's natural resources. Requires commissioner to conduct public hearing on the report 30 days prior to commissioner's approval or denial of findings. Requires commissioner's determination to be a final order
under the UAPA. If the environmental assessment report concludes that a proposed governmental action may significantly adversely affect the quality of the environment, the government agency responsible for such project is required to prepare an environmental effects report detailing the impact. (9 pp.) (S: Kyle; H: Chumney)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: House Government Operations deferred to 04/29/2003.
|
SB 1278
HB 0872*
(Full Text) |
Standards for volatile organic compound emissions. Requires department of environment and conservation to set standards for volatile organic compound emissions by January 1, 2004. (S: McNally; H: Johnson R.)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Caption bill held on House clerk's desk.
|
SB 2281*
HB 2331
(Full Text) |
Removes liability of owners of hazardous waste sites. Removes owner of hazardous waste site from liability for any investigation or clean-up if hazardous substances were disposed of prior to the issuance of certificate of clearance. Requires the register of deeds to record certificate of clearance. Declares provisions to be remedial in nature. (S: Kilby; H: Vincent)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 2500*
HB 2679
(Full Text) |
State contracts shall include provision for recycling. Enacts "Tennessee Electronic Waste Recycling Act". Requires state contracts for purchase of computer equipment to provide for recycling of replaced, obsolete equipment. (S: Dixon; H: Kernell)
Senate Status: Withdrawn in Senate 03/22/2004.
House Status: Taken off notice in House Government Operations.
|
ESTATES & TRUSTS
|
SB 0003*
HB 0177
(Full Text) |
Requirements changed for petition to appoint conservator. Deletes requirement for social security number in filing for petition to appoint conservator. (S: Fowler; H: Fowlkes)
Senate Status: Senate passed 02/19/2003.
House Status: House passed 05/01/2003.
Other Status: Enacted as Public Chapter 0124 (effective 07/01/2003).
|
SB 0093
HB 0208*
(Full Text) |
Inheritance & estate taxes decoupled from federal. Amends estate tax, inheritance tax, and generation-skipping transfer tax laws to specify that all references to federal estate tax law refer to law in existence on 12/31/2000. (S: Cooper J.; H: Turner M.)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
SB 0405
HB 0574*
(Full Text) |
Time allotment for spouse to take elective share under will. Provides that a surviving spouse must file a petition to take elective share under will within two years of date of decedent's death unless other provisions of law permit extension. (S: Fowler; H: Fowlkes)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 0560*
HB 0743
(Full Text) |
Uniform Trust Code. Enacts "Uniform Trust Code" to establish law relative to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. (S: Fowler; H: Fowlkes) Senate amendment 1 rewrites the bill to make it consistent with existing Tennessee law. Fills in the gaps of Tennessee law with the Restatement adopted by the majority of jurisdictions.
Senate Status: Senate 03/29/2004 passed with amendment.
House Status: House passed 04/07/2004.
Other Status: Enacted as Public Chapter 0537 (effective 07/01/2004).
|
SB 1238
HB 0702*
(Full Text) |
Court notice regarding resignation of trustee. Increases to 20 days from 10 days the amount of notice court must give to beneficiaries, unless waived, regarding resignation of trustee. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1239
HB 0703*
(Full Text) |
Compensation of guardians. Reduces compensation of guardians to 5 from 7 percent of monies received. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1241
HB 0907*
(Full Text) |
Testator in armed forces admitted to probate. Reduces, to nine years from 10, period of time in which will of testator who served as member of armed forces may be admitted to probate after end of hostilities. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1245
HB 0689*
(Full Text) |
Demands against personal representative of decedent. Decreases to six years from seven years the time period allowed for all actions against the personal representative of a decedent, for demands against such decedent. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1791*
HB 1789
(Full Text) |
Notice requirements for judicial or trust sales. Requires, concerning sale of land to foreclose a deed of trust or mortgage, a continuous notice posted at the county courthouse and twenty-day posting notice on the internet. Requires certificate of courthouse notice postings. (S: Person; H: Briley)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1849
HB 1797*
(Full Text) |
Elective share of surviving spouse. Removes current authority for personal representative of surviving spouse to withdraw surviving spouse's demand for elective share when that surviving spouse dies after spouse-testator but before expiration of time for electing elective share expires. (S: Henry; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 2599*
HB 2639
(Full Text) |
Provisions relative to gifts, estates and probate. Revises the requirements concerning gifts, estates and probate. Broadly captioned. (S: Fowler; H: Fowlkes) House amendment 1 deletes Section 1 regarding additional information that must be filed with the petition for letters testamentary. Deletes Section 7 that regards the confidentiality of guardianship and conservatorship records. Changes wording in Section 15 to "service of petition." States in Section 16 that the social security
number is to be provided to the appointed fiduciary. Requires claims in Sections 2 and 3 to be filed in triplicate. Senate amendment 2 deletes Section 1 regarding additional information that must be filed with the petition for letters testamentary. Deletes Section 7 that regards the confidentiality of guardianship and conservatorship records. Changes wording in Section 15 to "service of petition." States in Section 16 that the social security number is to be provided to the appointed fiduciary.
Requires claims in Sections 2 and 3 to be filed in triplicate. Deletes language "the creditor" and inserts "any creditor."
Senate Status: Senate 05/19/2004 passed with amendment 2. Senate amendment 2 deletes Section 1 regarding additional information that must be filed with the petition for letters testamentary. Deletes Section 7 that regards the confidentiality of guardianship and conservatorship records. Changes wording in Section 15 to "service of petition." States in Section 16 that the social security number is to be provided to the appointed fiduciary. Requires claims in Sections 2 and 3 to be filed
in triplicate. Deletes language "the creditor" and inserts "any creditor."
House Status: House 05/20/2004 concurred with Senate amendment 2.
Other Status: Sent to governor 05/20/2004.
|
SB 2843*
HB 3103
(Full Text) |
Trust fund for child support surplus. Designates arrearage child support funds remaining after distribution to enter a trust fund for the child. (S: Person; H: Pleasant)
Senate Status: Referred to Senate Judiciary.
House Status: House Family Justice Subcommittee deferred to 04/13/2004.
|
SB 3029
HB 2811*
(Full Text) |
Living trusts - consumer protection provisions. Makes it a deceptive trade practice to advertise for a seminar on living trusts, revocable living trusts, or estate taxation unless advertisement also states the minimum amount at which an estate must be valued in order to be subject to federal or state estate tax. (S: Ketron; H: DuBois) Senate amendment 1 allows an advertisement to comply with the law if it includes the amount excluded from taxation from the deceased estate applicable for
both federal and state purposes and includes a statement that real property may be taxable depending on how legal title is held and/ or beneficiary designations are made. Also exempts certain legal and banking entities from requirements if the entity is directing advertisements to current or past clients. House amendment 3 requires advertisement to include maximum exclusion for federal estate tax purposes and maximum exemption for state inheritance tax purposes. Requires advertisement to include
statements regarding whether certain property is taxable or not taxable and how certain property may be transferred. Specifies that 10-point type must be used. Clarifies that such provisions do not apply to advertisements involving situations in which a client-customer relationship has existed within the prior 2 years.
Senate Status: Senate 04/26/2004 concurred in House amendment 3.
House Status: House 04/21/2004 refused to recede from its action in adopting amendment 3.
Other Status: Enacted as Public Chapter 0637 (effective 07/01/2004).
|
SB 3033
HB 2613*
(Full Text) |
Release of a mortgage or deed of trust. Allows the release of a mortgage or deed of trust from the title insurance company under specified circumstances after the secured party is notified. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
|
HB 0537*
(Full Text) |
Probate court appeals to go to the court of appeals. Provides that in the counties of Blount, Sevier, Jefferson and Loudon appeals of decision of probate court shall go to the court of appeals even if the probate court is served by a judge who is not circuit court judge or chancellor. (H: Overbey)
Tennessee Judicial Council took no action on the bill 02/27/2003. Bill was withdrawn in the House.
House Status: Withdrawn in House 02/26/2003.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003. Bill was withdrawn in the House.
|
FAMILY LAW
|
SB 0025*
HB 0068
(Full Text) |
Requirements for premarital preparation course. Requires specific areas of instruction for premarital preparation course including instruction on financial security and parenting. (S: Harper; H: Patton) House amendment 1 rewrites the bill to include additional subsections under topics of discussion that may be included during premarriage counseling sessions. Makes the legislation permissive. Changes the topic of "children and future education" to "children and parenting responsibilities"
and corrects a typographical error by adding "mature families" back into the bill.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House 03/20/2003 passed with amendment.
|
SB 0107*
HB 0289
(Full Text) |
Children's social security number in divorce petitions. Deletes the requirement that all petitions for divorce and legal separation contain the social security number of the children born of the marriage. (S: Graves; H: McDonald)
Tennessee Judicial Council took no action on the bill 02/27/2003.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003.
|
SB 0215*
HB 1463
(Full Text) |
Court retains jurisdiction over child placement. Allows the juvenile court to retain jurisdiction over the placement of a child in foster care, residential treatment or in a program. (S: Person; H: DeBerry J.)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
|
SB 0221*
HB 1107
(Full Text) |
Acknowledgement of paternity. Deletes the current exemption of Shelby County from the requirement that birthing institutions must forward voluntary acknowledgements of paternity, if the mother is seeking public assistance, to the local child support which serves the mother. (S: Person; H: Kent)
Senate Status: Senate passed 05/07/2003.
House Status: House passed 02/26/2004.
Other Status: Enacted as Public Chapter 0432 (effective 03/12/2004).
|
SB 0243*
HB 0861
(Full Text) |
Administrative adjustments to child support orders. Establishes hearings in all child support cases that seek to modify support shall be heard before a court of Tennessee having proper jurisdiction and prohibits department of human services from hearing such petitions. (S: Miller J.; H: Bunch)
Senate Status: Senate 04/26/2004 passed with amendment.
House Status: House passed 05/05/2004.
Other Status: Sent to governor 05/05/2004.
|
SB 0519*
HB 1120
(Full Text) |
Unwed father's liability for child support restricted. Clarifies that father of child born out of wedlock not liable for child support until he knew or should have known he is father or until he receives service of process for petition of paternity, but in no event is he liable for more than three years of retroactive child support. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Children & Family Affairs.
|
SB 0521*
HB 1118
(Full Text) |
Private agreement for child support valid. Clarifies that child support guidelines do not apply when obligor parent can prove by clear and convincing evidence that private agreement for child support was freely entered into by both parents. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 0522*
HB 1121
(Full Text) |
Negative paternity test removes child support liability. Prohibits a man found as a result of genetic testing not to be the father the child from being liable for any child support owed prior to or after the filing of the petition unless he consented in writing to be named the father on the birth certificate or entered into an agreed order acknowledging he is the child's father. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 0586*
HB 1642
(Full Text) |
Divorce granted without parties present. Allows a divorce to be granted without the parties present at final hearing if court finds that provisions were met and dissolution agreement was signed at least 30 days prior. (S: Williams Mike R.; H: West) Senate Judiciary amendment 1 inserts the language "at the discretion of the judge" when excusing both parties from attending the hearing.
Senate Status: Re-referred to Senate Calendar Committee 05/19/2004.
House Status: House passed 04/12/2004.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 0673
HB 0713*
(Full Text) |
Offense of custodial interference. Broadens offense of custodial interference to include circumstances in which biological father moves child without consent of mother who has lawful custody because child was born out of wedlock and there has been no court order of custody. (S: McNally; H: Hackworth)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary deferred to summer calendar for study committee.
|
SB 0784*
HB 1275
(Full Text) |
Custodial interference - adds custody of unwed mother. Includes in the definition of custodial interference the removal of a child from the custody of an unwed mother who has rightful custody due to absence of an order to the contrary. Adds defense to custodial interference that non-removal of child or incompetent would have resulted in a clear and present danger to the child or incompetent's health, safety, or welfare. (S: Person; H: Patton) House amendment 1 changes the effective date
to July 1, 2004.
Senate Status: Senate passed 05/20/2004.
House Status: House passed 05/20/2004.
Other Status: Sent to governor 05/20/2004.
|
SB 0801*
HB 1657
(Full Text) |
Willful failure of support. Clarifies that willful failure to support not only means no monetary support for a period of four consecutive months, but also includes the willful intent not to support. (S: Person; H: DeBerry J.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 0884*
HB 1100
(Full Text) |
Restricts retroactive child support liability. Restricts retroactive child support liability of father for child born out-of-wedlock to one year prior to date action is filed to determine paternity. Inapplicable to collection of child support under Title IV-D of Social Security Act. Applies only to paternity actions filed or orders for child support occurring on or after July 1,2003. (S: Ramsey; H: Black)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 0979*
HB 1931
(Full Text) |
Child support actions. Prohibits department of human services from initiating child support actions on behalf of persons not eligible for support services or without prior determination of custody. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed 04/06/2004 in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 0980*
HB 1932
(Full Text) |
Petitions to modify child support. Prohibits department of human services from hearing petitions to modify child support order. Requires court approval of any administrative adjustments to child support order made by department. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 1146*
HB 1328
(Full Text) |
Child custody and support terminology. Directs the Tennessee Code Commission to change certain references in the code with respect to terms for child support, custody and visitation. (S: Ford J.; H: Bowers)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 1158*
HB 1329
(Full Text) |
Permanent parenting plan. Creates permanent parenting plan for non-married parents in juvenile court proceedings. Requires plan to include residential schedule. Prohibits interference with custody of child born out of wedlock. Provides non-custodial parent to not seek parenting time with minor child. (S: Ford J.; H: Bowers)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 1237
HB 0701*
(Full Text) |
Child custody and support hearings. Reduces to 30 days from 45 days service of process time period in which hearings in child support cases that are not being enforced pursuant to Title IV-D of Social Security Act must be heard. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1356
HB 0138*
(Full Text) |
Child support provider not required to report annual income. Eliminates directive that child support obligor report annual income to obligee and department of human services in Title IV-D cases, relative to parenting plans. Broad caption also relates to visitation and custody requirements. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 1615
HB 0029*
(Full Text) |
Domestic assault penalty increased. Domestic assault is stiffened to a Class E felony except where offense is determined to be extremely offensive or provocative, in which case it is a Class A misdemeanor. (S: Harper; H: Turner M.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
|
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 1700*
HB 1465
(Full Text) |
Modifications to residential parenting plan. Permits review and modification of court's prior order in child's residential parenting schedule under certain circumstances. Adds that a material change of circumstances may include, change in the age of the child; changes in the parents' living or working conditions; or failure to adhere to parenting plan. Declares that any modification to a residential parenting schedule must be based upon the best interest of the child. (S: Miller J.; H:
Head)
Senate Status: Senate Judiciary deferred to 04/13/2004.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 1780
HB 1704*
(Full Text) |
Granting of visitation rights to non-custodial parents. Requires court to use informed discretion in granting visitation rights to non-custodial parents. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 1922
HB 1997*
(Full Text) |
Interstate Compact for Juveniles. Rewrites the Interstate Compact for Juveniles. Creates the Interstate Commission for Juveniles as a corporate body and joint agency of the compacting states. Specifies membership of commission to include commissioners appointed from each state in the compact, as well as non-voting members from state's legislative, executive and judicial branches of government. Empowers commission to provide dispute resolution, promulgate rules, oversee the movement of
juveniles, enforce compliance, establish standards, among other things. Authorizes the commission to levy and collect an annual assessment from each compacting state to cover internal operations. Requires each member state to create a state council for interstate juvenile supervision and sets forth general guidelines for membership of such council. Requires enactment of the compact by no less than 35 states before the compact is effective. (23 pp.) (S: Person; H: Chumney) House Children & Family
Affairs Committee amendment 1 rewrites the bill and makes clear that any present laws shall stay in effect until all 35 states adopt enactment of the compact.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
SB 2194*
HB 2245
(Full Text) |
Retroactive parental liability for child support. Limits, under certain circumstances, retroactive parental liability for child support or medical care on behalf of a child placed in state custody if support hearing is not conducted within a certain period following the date that the child's custody is placed with the state. (S: Fowler; H: Vincent)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Family Justice Subcommittee.
|
SB 2300*
HB 2572
(Full Text) |
Employer bankruptcy requires notification of DHS. Requires employers to notify department of human services and clerk if the employer files bankruptcy or ceases to operate as business. Requires that income assignment not be affected by bankruptcy or cessation of business. (S: McNally; H: Hackworth) House amendment 1 rewrites the bill and establishes liability for failure to comply with notice requirement, relative to child support income assignments. States that if any employer, person,
corporation or institution fails to comply with the requirements, then such entity is liable for any amounts up to the accumulated amount which should have been withheld. Also, allows for such entity to be assessed a civil penalty. Establishes $100 fine for the first failure, $200 fine for the second failure, and $500 fine per individual for each subsequent failure. Provides for the civil penalty to be distributed equally to each of the children entitled to the support payments. Provides for
such authorized penalties to be assessed by the commissioner of human services after written notice to the person or organization. Requires notice to provide 15 days from the mailing date for any appeal to the civil penalty to be filed. States that if an appeal is timely filed, the department shall set an administrative hearing on the issue of the assessment pursuant to the provisions of the Administrative Procedures Act. Provides for any amount found owing to be due and payable not later than
15 days after the mailing date of the determination. States that failure to pay an assessment will result in a lien against the real or personal property of the person or organization. Allows other available administrative enforcement procedures or court action to be utilized to collect the unpaid penalties. States that all other fees including court costs and litigation taxes will also be assessed to the non-prevailing party. House amendment 3 clarifies that the division of employment security
of the department of labor and workforce development will be notified.
Senate Status: Reset to Senate message calendar 05/13/2004.
House Status: House 04/08/2004 passed with amendment.
|
SB 2316*
HB 2425
(Full Text) |
Grandparent may petition for hearing on visitation. Adds "severe emotional harm" as grounds for hearing petition for grandparent visitation. (S: Clabough; H: Overbey) Senate amendment 1 adds a severability clause, adds that the bill applies to pending petitions by grandparents, deletes the word "or" at the end of subdivision 4, deletes the period at the end of subdivision 5 and replaces it with the word "or" and a semi-colon. Also adds the phrase "immediately prior to the severance" after
the existing phrase "after twelve (12) months or more." Senate amendment 2 replaces the word "severe" with "substantial" with reference to emotional harm.
Senate Status: Senate 03/08/2004 passed with amendments 1 & 2.
House Status: House passed 03/11/2004.
Other Status: Enacted as Public Chapter 0452 (effective 03/25/2004).
|
SB 2451
HB 2284*
(Full Text) |
Custodial parents residing out-of-state. Permits non-custodial parent to petition court to order clerk to hold support payments in escrow if custodial parent who resides outside Tennessee fails to respond to subpoena relating to child support, custody, or visitation proceeding. (S: Graves; H: McDonald)
Senate Status: Withdrawn in Senate 02/23/2004.
House Status: Taken off notice in House Family Justice Subcommittee.
|
SB 2456
HB 2335*
(Full Text) |
Court's role in child custody plan. Defines the court's role in determining child custody upon divorce. Orders the court to comply with the parenting program if the parents are in agreement. Orders equal joint physical custody if the parents are in disagreement. Upon disagreement, renders the court wide discretion to set equal custody alternations, unless past evidence suggests that the child will be in harm. (S: Miller J.; H: Bowers)
Senate Status: Senate Judiciary deferred to 03/09/2004.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 2661
HB 2627*
(Full Text) |
Legal recognition of civil unions. Prohibits legal recognition of civil unions and domestic partnerships between individuals of the same sex. Such relationships are prohibited in Tennessee. Any such union or partnership shall be void in this state. (S: Miller J.; H: Clem)
Senate Status: Senate passed 03/31/2004.
House Status: Failed in House Domestic Relations Subcommittee 03/24/2004.
|
SB 2826*
HB 2821
(Full Text) |
Child support lien. Restricts the department of human services from filing notices of child support lien on the computer, developing a central site or granting access to lien notices by the computer. Third parties are not responsible for liens until perfected by the current provisions. (S: Graves; H: McDonald)
Senate Status: Senate Judiciary deferred to 02/24/2004.
House Status: Taken off notice in House Family Justice Subcommittee.
|
SB 2862*
HB 3337
(Full Text) |
Termination of child support. Requires department of human services to terminate or modify child support upon verifying proof that child has married, died, or reached majority and graduated from high school. Requires parent to supply proof of child's age, death, or graduation. Also requires local education agency to provide proof of child's graduation within 20 days of request from department or child's parents. (S: Herron; H: Maddox) House amendment 1 provides person paying child support
with notice that child is turning 18 at least 90 days before birthdate. Senate amendment 2 clarifies certain provisions relating to the modification of court orders. Requires the obligor to continue to make payments in accordance with an existing order while the department conducts a review of the support order in cases involving children. Requires the obligor to make such payments until the court or department modifies the order.
Senate Status: Senate 05/19/2004 passed with amendment 2. Senate amendment 2 clarifies certain provisions relating to the modification of court orders. Requires the obligor to continue to make payments in accordance with an existing order while the department conducts a review of the support order in cases involving children. Requires the obligor to make such payments until the court or department modifies the order.
House Status: House 05/20/2004 concurred with Senate amendment 2.
Other Status: Sent to governor 05/20/2004.
|
SB 2892*
HB 3127
(Full Text) |
Child support - material change in circumstance. Clarifies material change in circumstance for purpose of modifying custody arrangement. (S: Miller J.; H: Bowers)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 2903
HB 2733*
(Full Text) |
Divorce and willful absence in attempt to induce a move. Increases the number of years from 2 to 3 for determining the willful absence of one spouse, setting a standard for proof that such spouse attempted to induce other spouse to move. Clarifies that such standard may not be used to show grounds for divorce based on desertion. (S: Miller J.; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
SB 2910
HB 2666*
(Full Text) |
Parent visitation in child custody cases. Specifies conditions for allowing a modification of the court's prior decree in child custody orders and residential parenting arrangements. Requires a general "material change in circumstance" for child custody cases. But, establishes specific examples of a "material change in circumstance" for residential parenting arrangements, citing a change in the child's preference if the child is age 10 or older and changes in the parents' living or
working conditions as additional evidence of a "material change in circumstance." (S: Miller J.; H: Johnson R.) House amendment 1 rewrites the bill. Clarifies that such material change of circumstance must be affecting the child's best interest. Removes as a material change in circumstance "the child's preference if such child is ten (10) years of age or older," and substitutes instead "which may include changes relating to age."
Senate Status: Senate passed 05/06/2004.
House Status: House 05/06/2004 passed with amendment.
Other Status: Sent to governor 05/06/2004.
|
SB 2966*
HB 2848
(Full Text) |
Protective Parent Reform Act. Enacts the Protective Parent Reform Act, which addresses child custody and visitation cases where child abuse, child neglect or domestic violence is an issue. Clarifies the roles of guardians and children's attorneys. Permits parents' access to custody and mental health evaluations and affords parents the right to depose and cross-examine such evaluators. Concludes that parents who act lawfully in response to a belief that their child is a victim of abuse
shall not be deprived custody with the child. (S: Ford J.; H: Bowers) House amendment 1 makes the bill. Requires that wherein a judge appoints a guardian ad litem, Rule 40 shall be followed. Requires emergency custody order that transfers custody of the child shall not be issued unless order of protection has been issued or an order issued by another state is being enforced. Allows that if a parent makes a good faith allegation based on reasonable belief that the child is the victim of abuse,
then such parent shall not be deprived of custody. Allows court to consider evidence of abuse in determining the visitation arrangement.
Judicial Council comment: Tennessee Judicial Council on 03/11/2004 expressed conflicts with the existing ability of the courts to govern these issues. Conflicts with Supreme Court Rule 40. Also contains drafting issues that conflict with the subsequent Title 37.
Senate Status: Senate passed 05/10/2004.
House Status: House 05/03/2004 passed with amendment.
Other Status: Sent to governor 05/10/2004.
|
SB 3133
HB 3112*
(Full Text) |
Equal child support guidelines for children. Requires that child support guidelines treat all children of an obligor parent equally. (S: Ford J.; H: Bowers) Senate amendment 1 rewrites the bill. Renders the judge discretion in such equitable consideration rather than ordering that payment made for each child be equal. Specifies that the birth or adoption of another child for whom an obligor is legally responsible shall constitute a substantial change of circumstances for the purpose of
review. Also, specifies that the significant variance established by the department of human services shall provide a lower threshold for modification of child support orders for persons whose adjusted gross incomes are within the low income categories. Provides that such significant variance shall be established at no more than 7 1/2 percent of the difference between the current child support order and the amount of the proposed child support order.
Senate Status: Senate 03/18/2004 passed with amendment.
House Status: House passed 04/12/2004.
Other Status: Enacted as Public Chapter 0549 (effective 04/22/2004).
|
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 0449*
(Full Text) |
Permanent parenting plan for non-married parents in court. Requires non-married parents of a minor child for which action is being taken in juvenile court for child support or visitation rights to both agree to a permanent parenting plan. Outlines the specifics of the plan, including a designated process for resolving disputes and ways in which the child is to be cared for. (H: Bowers)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
House Status: Taken off notice in House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
|
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.
|
SB 1424
HB 0114*
(Full Text) |
Disclosure of fees for consulting services. Specifies that if a person or other entity doing business with the state of Tennessee, or a subsidiary or contractor of such person or entity, pays a fee or commission for consulting services to an official in the legislative or executive branch, or to the immediate family of such official, then the person or entity must disclose certain information to the registry of election finance. Specifies that it would be a Class A misdemeanor for any
person or entity to knowingly fail to file a disclosure form as required by this bill. Specifies that persons making false statements on the report are subject to perjury penalties. Requires members of the general assembly to file the same disclosure. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate State & Local Campaign Ethics & Elections Subcommittee.
House Status: Taken off notice in House State Government Subcommittee.
|
SB 1624*
HB 1460
(Full Text) |
Consulting contracts by state entities. Specifies that in contracting for consulting services all executive, legislative, and judicial branch departments and other state agencies, boards, and commissions must first attempt to use the services of state university faculty and staff. If state university personnel are unavailable, then department or state agency can hire outside private-sector consultants. (S: Dixon; H: Chumney)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House State Government Subcommittee.
|
SB 2052
HB 2138*
(Full Text) |
Suspension of contracts. Authorizes commissioner of finance and administration to suspend, debar, or impose sanctions against certain personal, professional and consultant services contractors for criminal, fraudulent or improper conduct. Limits debarment to a period of not more than three years and limits suspension to a period of not exceeding three months. Sets forth procedure for administrative review and judicial review of disciplinary actions. (S: Crutchfield; H: McMillan)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House State & Local Government.
|
GOVERNMENT ORGANIZATION
|
SB 0210*
HB 0598
(Full Text) |
Death Penalty Fairness Study Committee. Creates the Tennessee Death Penalty Fairness Study Committee to study access to justice and other implications of death penalty trials within the state, as well as to make recommendations to guarantee that statewide capital punishment is free from bias and error. Requires specific assignment of 15 members to the committee. (S: Dixon; H: Briley)
Senate Status: Referred to Senate Delayed Bills Committee.
House Status: Referred to House Judiciary.
Other Status: Deferred in Judicial Council to 03/13/2003.
|
SB 0942*
HB 1499
(Full Text) |
Sunset - Commission on responsible fatherhood. Sunsets the commission on responsible fatherhood on June 30, 2005. (S: Harper; H: Kernell) Senate amendment 1 terminates the commission on responsible fatherhood.
Senate Status: Senate refused to recede from their actions in non-concurring.
House Status: House re-referred to House Government Operations.
|
SB 1290
HB 0925*
(Full Text) |
Tennessee code commission vacancy. Creates method to fill vacancy on Tennessee code commission if member becomes incapacitated and therefore unable to serve. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1836*
HB 1830
(Full Text) |
Review of rejected growth plans. Requires members of the dispute resolution panel appointed to review rejected growth plans to be qualified Supreme Court Rule 31 mediators. (S: Norris; H: Davidson)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 2110*
HB 2414
(Full Text) |
Boards terminated for collection of insufficient fees. Provides for automatic termination of a regulatory board that fails to collect fees sufficient to cover operating expenses for two consecutive fiscal years. Removes requirement that board be evaluated by a joint committee before such termination. Specifies that board would cease its affairs on June 30 following the second fiscal year of deficits unless the general assembly continues the life of such board by legislation. (S: Harper;
H: Kernell)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Referred to House Government Operations.
|
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.
|
SB 2755
HB 2721*
(Full Text) |
Promulgating rules and regulations. Prohibits an agency from promulgating rules that would impact legislation while the general assembly is not in session except for emergency rules or public necessity rules. (S: Cohen; H: DeBerry J.) House Government Operations amendment 1 requires the sponsors of a public act to give notification when rules are being implemented and promulgated and give an explanation of those rules.
Senate Status: Taken off notice in Senate Government Operations.
House Status: Held on House clerk's desk.
|
SJR 0015*
(Full Text) |
Amendments to constitution to require public referendum. Relative to amendments to the state constitution, requires that referendums be placed on ballot of next regular general election, rather than next gubernatorial election. Requires, for passage of referendums, majority of citizens voting in favor of referendum, rather than majority as determined by number of citizens voting for governor. (S: Cohen) Senate Judiciary Committee amendment 1 requires that for the passage of public
referendums, a majority of citizens voting "on" referendum instead of "in favor of."
Senate Status: Taken off notice in Senate Finance, Ways & Means.
|
GOVERNMENT REGULATION
|
SB 0804
HB 0775*
(Full Text) |
Social security number as identifying information. Prohibits the use of social security numbers on voter registration cards, hunting or fishing licenses or other permits. Requires social security numbers listed on voter registration records to be suppressed before any dissemination of that registration is made. (S: Person; H: Pleasant)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Judiciary.
|
SB 0850*
HB 1354
(Full Text) |
Attorney general reports to house and senate judiciary. Requires the attorney general to certify and report to the house and senate judiciary committee, instances where the attorney general is of the opinion that certain legislation is not constitutional and to report certain cases where the state has been as a party to a suit. (S: Fowler; H: Curtiss) Senate amendment 1 corrects a typographical error.
Senate Status: Senate 04/22/2004 passed with amendment.
House Status: Referred to House Judiciary.
|
SB 1469*
HB 1542
(Full Text) |
UAPA - Promulgation of rules. Requires all rules to administration of state departments to be promulgated in accordance with Uniform Administrative Procedures Act. Requires memorandum of understanding or written agreement for interdepartmental payments. (S: Harper; H: Cooper B.)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Taken off notice in House Government Operations.
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SB 1482*
HB 1524
(Full Text) |
UAPA - Continuation of permanent rules. Continues permanent rules filed with secretary of state after January 1, 2003 which are scheduled to expire on June 30, 2004. (S: Harper; H: Kernell) House amendment 1 excludes the rules of the Tennessee Board of Regents State University, Community College System of Tennessee and the Tennessee Technological University Student Housing Rules amendments that were duly filed between January 1, 2003, and December 31, 2003.
Senate Status: Senate passed 05/19/2004.
House Status: House 05/12/2004 passed with amendment.
Other Status: Sent to governor 05/19/2004.
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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.
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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 refused to recede from its action in adopting amendments 1, 2 & 4.
House Status: Set for Senate message calendar 05/20/2004. House refused to recede from its action in adopting Senate amendments 1, 2, and 4. House appointed a conference committee of the following members: McMillan (D), Coleman (D), McDaniel (R).
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SB 2180*
HB 2544
(Full Text) |
Authorizes electronic record of copy registrations. Authorizes registration of copy of writing eligible for retention as an electronic record, in lieu of original, if copy is certified by custodian of electronic record; county register may specify whether copy to be registered must be in paper or electronic form. (S: Fowler; H: Fowlkes) House amendment 3 specifies that this bill applies to writings "created or retained" instead of "created and retained" as electronic records in accordance
with any provision of law. Requires certification from a licensed attorney or record custodian instead of a licensed attorney or title agent. House amendment 2 defines when a writing evidencing an environmental hazard or condition is eligible for registration. Allows any party to a mortgage or deed of trust, including any secured party, to register a formal deed of release or a modification or cancellation for any notice of environmental hazard upon satisfaction that the hazard no longer exists
or it has been reduced according to a certified engineering firm, the Tennessee Department of Environment and Conservation, or the United States Environmental Protection Agency. Senate amendment 1 requires that a licensed attorney or title agent certify that the copy is a true and accurate copy of the original and that the signature be notarized rather than be certified by the custodian of the electronic record.
Senate Status: Senate 05/20/2004 concurred with House amendments 2 and 3.
House Status: House 05/13/2004 passed with amendments 2 & 3.
Other Status: Sent to governor 05/20/2004.
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SB 2308*
HB 2675
(Full Text) |
Ethics course for general assembly members. Requires newly elected or appointed members of general assembly to attend four-hour ethics training course. (S: Bryson; H: Fraley)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Referred to House State & Local Government.
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SB 2941*
HB 2887
(Full Text) |
Regulatory Flexibility Act. Administrative Procedure (UAPA) - Enacts "Regulatory Flexibility Act." (S: Ramsey; H: Eldridge)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Referred to House Government Operations.
|
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.
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HEALTH CARE
|
SB 0724
HB 0771*
(Full Text) |
Patient Hearing Health Improvement Act of 2003. Requires a referral to a licensed physician for medical evaluation and diagnosis when specified otologic conditions are presented by a patient or detectable through a hearing test. Prohibits a hearing instrument from being fitted until medical clearance is obtained for the condition noted or a waiver of such medical clearance is provided by a person 18 years of age or older for the limited reason of a religious objection to being treated by
a physician. Specifies that a consumer is not required to obtain medical clearance for the repurchase of a hearing instrument once a medical evaluation and clearance has been obtained for certain otologic conditions that are permanent. (S: Burchett; H: Buttry)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Taken off notice in House Professional Occupations Subcommittee.
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SB 0892*
HB 1132
(Full Text) |
Restrictions on general public hospital board members. Prohibits members of the board of directors of a hospital and medical service corporations (BlueCross BlueShield) who are categorized as general public members from accepting any consulting, advisory or other compensatory fees from such hospital or service corporation. Imposes a $10 per day fine on any hospital board member who fails to timely file a conflict of interest disclosure with the secretary of state. (S: Clabough; H: Briley)
Senate Status: Withdrawn in Senate 04/28/2003.
House Status: Withdrawn on the House floor 05/05/2003.
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SB 0893*
HB 1133
(Full Text) |
Service corporations registration requirements. Requires each domestic hospital and medical service corporations (Blue Cross Blue Shield) to file a registration statement for the previous year, with the commissioner of commerce and insurance, in the manner prescribed for insurers and health maintenance organizations, by April 30 of each year. (S: Clabough; H: Briley)
Senate Status: Withdrawn in Senate 04/28/2003.
House Status: Withdrawn on the House floor 05/05/2003.
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SB 1045
HB 0868*
(Full Text) |
Uniform Health Care Decisions Act. Cites the Uniform Health Care Decision Act. Gives adult or emancipated minor authority to execute power of attorney for healthcare over someone whom, determined by a physician, lacks capacity; clarifies power includes ability to initiate or revoke healthcare. Creates patient's Advance Health Care Directive form which declares patient's rights, provides power-of-attorney decisions, presents organ-donor and living-will decisions, and allows designation of
physician with primary responsibility over patient's healthcare. Provides certain good-faith margins concerning criminal liability of healthcare provider, lack of judicial approval for agent of patient; revises withholding of resuscitative service regulations. (20 pp.) (S: Fowler; H: Davis) House Civil Practice Subcommittee amendment 1 removes the word "surrogate" and clarifies that the bill has nothing to do with mental health issues that are longstanding.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1267*
HB 1382
(Full Text) |
Living wills and do-not-resuscitate orders on the internet. Authorizes the commissioner of health to develop forms for living wills, do-not-resuscitate orders and durable powers of attorney for health care. Authorizes the commissioner to post forms and instructions on how to complete forms on the internet. By rule, the commissioner may develop a system for maintaining information on individuals' living wills, do-not-resuscitate orders and durable powers of attorney for health care on the
internet. (S: McNally; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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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.
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SB 2162*
HB 2694
(Full Text) |
Medication error reduction act. Creates a uniform standard format for written pharmaceutical prescriptions issued by podiatrists, dentists, physicians, surgeons and osteopathic physicians. Prohibits a pharmacist from filling a written prescription order unless the written prescription is legible and comprehensible. Limits the liability of a pharmacist for any delays caused by an incomprehensible prescription. (S: Dixon; H: Armstrong) Senate amendment 1 makes the bill. Applies the bill's
provisions to physician assistants and nurse practitioners. Extends the scope of the bill to apply to electronic prescriptions other than email. House amendment 1 clarifies that pharmacist is not liable for a reasonable delay caused when such pharmacist has reasonably sought clarification of a prescription order. House amendment 3 requires the month and date that the prescription was issued to be written in letters or in numerals rather than in both letters and numerals. House amendment 4
extends rulemaking authority to the board of pharmacy.
Senate Status: Senate 05/06/2004 concurred.
House Status: House 04/29/2004 passed with amendment 4.
Other Status: Signed by governor 05/18/2004.
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SB 2272*
HB 2316
(Full Text) |
Fair market value of physician's practice. Extends the time period from ten to fifteen days for a physician and employing entity to agree on the fair market value of the physician's practice after the physician gives notice of intent to repurchase the practice. (S: Crutchfield; H: Head)
Senate Status: Referred to Senate General Welfare.
House Status: Caption bill held on House clerk's desk.
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SB 2312*
HB 2581
(Full Text) |
Tennessee Health Care Decisions Act. Replaces present law provisions for living wills, and durable powers of attorney for health care, but would not affect surrogate decision makers for persons with developmental disabilities. Also, this bill would change present law for D.N.R.s. (DURABLE DO NOT RESUSCITATE ORDERS). Specifies that an adult or emancipated minor could utilize advance health care directives, in the form of an advance directive for health care or individual instruction.
Provides for a surrogate making health care decisions for an adult or emancipated minor who has been determined by the primary physician to lack capacity. Specifies that an individual could designate a surrogate. If an agent, surrogate, or guardian is not appointed or is unavailable, the designated physician would select a surrogate based on who exhibited concern for the patient and who knows the patient's values. Prohibits health care providers from requiring the creation of, or destruction of,
any advance directive as a condition for treatment. Gives authorization for physicians to issue universal D.N.R.s except when a patient, or the person authorized to make health care decisions for the patient, expresses the desire that the patient be resuscitated in the event of cardiac or respiratory arrest. Valid D.N.R.s or emergency medical services D.N.R.s issued before July 1, 2004, would remain valid. Authorizes the board for licensing health care facilities to create rules and regulations
to implement this bill and requires board to develop forms for advance directives (20 pp.) (S: Fowler; H: Davis) House amendment 1 preserves the living will and durable power of attorney healthcare statutes in order to keep current living wills valid. House amendment 2 corrects a typographical error. Senate amendment 5 standardizes definitions with definitions in the current law. States that the advanced directive remains in effect even if the client becomes incompetent. Preserves the living
will and durable power of attorney healthcare statutes in order to keep current living wills valid. States that at least one of the witnesses must not be the patient's agent, be related to the patient, or be entitled to the patient's estate. Requires an attestation clause. States that a failure of the document to contain an attestation does not invalidate the document if the validity of the witnesses can be proven. Senate amendment 4 removes the validity clause. Senate amendment 6 makes
technical changes.
Senate Status: Senate 05/19/2004 passed with amendments 5, 4, 6. Senate amendment 5 standardizes definitions with definitions in the current law. States that the advanced directive remains in effect even if the client becomes incompetent. Preserves the living will and durable power of attorney healthcare statutes in order to keep current living wills valid. States that at least one of the witnesses must not be the patient's agent, be related to the patient, or be entitled to the
patient's estate. Requires an attestation clause. States that a failure of the document to contain an attestation does not invalidate the document if the validity of the witnesses can be proven. Senate amendment 4 removes the validity clause. Senate amendment 6 makes technical changes.
House Status: House 05/20/2004 concurred with Senate amendments 5, 4 & 6.
Other Status: Sent to governor 05/20/2004.
|
SB 2727
HB 2545*
(Full Text) |
Probable cause hearings in commitment proceedings. Authorizes audio-video conferencing for a probable cause hearing in commitment proceedings at the discretion of the court. Specifies requirements for audio-video conferencing. (S: Clabough; H: Overbey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee 02/10/2004 referred to Judicial Council.
|
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.
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INSURANCE AUTOMOBILES
|
SB 1003
HB 0761*
(Full Text) |
Proof of financial responsibility required for recovery. Stipulates if an owner of an automobile involved in an accident did not maintain proof of financial responsibility, then such owner is not entitled to recover damages for the first $10,000 of bodily injury or property damage resulting from a civil action related to the accident. Also adds that vehicle owner who fails to maintain proof of financial responsibility and is awarded an amount equal to or less than the required amount of
insurance, shall be liable for all court costs incurred by all parties to an action, regardless of fault. Protects insurer's rights of subrogation for claims paid for the recovery of any sum in excess of $10,000. (S: Norris; H: Todd) House Judiciary amendment 1 rewrites the bill. Increases the fine for failing to provide evidence of financial responsibility from not more than $100 to not more than $250 for the first offense and not more than $500 on the second and any subsequent offense.
Senate Status: Senate Transportation set 05/13/2004. Failed in Senate Transportation 05/12/2004.
House Status: Taken off notice in House Finance Budget Subcommittee.
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SB 2733*
HB 3160
(Full Text) |
Requires proof of insurance for automobile registration. Requires proof of compliance with financial responsibility law to register motor vehicle for use on Tennessee highways. (S: Clabough; H: Rinks)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 03/23/2004.
House Status: Taken off notice in House Transportation Public Safety & Rural Roads Subcommittee.
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SB 2775*
HB 3402
(Full Text) |
Uninsured motorist coverage. Specifies that an insurer is not required to make uninsured motorist coverage available on a continuation, renewal, reinstatement, or replacement notice of an insurance policy once an insured has rejected such coverage previously in writing. (S: Cooper J.; H: Hargrove)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
|
INSURANCE GENERAL
|
SB 0769*
HB 1384
(Full Text) |
Reinsurance requirements. Requires that reinsurance contracts provide that if ceding insurer becomes insolvent, reinsurance is payable by assuming insurer on the basis of reported claims allowed by liquidation court. Provides for alternatives to direct payment to ceding insurer or its domiciliary liquidator. If insurance guaranty association has elected to succeed to rights and obligations of insolvent insurer under reinsurance contract, reinsurer remains liable to pay claims if its
premiums are paid. Provides for payments of such claims only at direction of guaranty association or its designated successor. (S: Graves; H: Sargent)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
|
SB 1004
HB 1246*
(Full Text) |
Termination of insurance based on divorce. Prohibits the automatic termination of insurance coverage for a spouse or any dependent children covered under the policy when solely based on the divorce of the parties. Allows 91 days for the surviving or divorced spouse and any dependent children to have issued an individual or group policy of accident and sickness insurance when the policy is terminated by reason of death or divorce. (S: Dixon; H: DeBerry J.) House Commerce Industrial Impact
Subcommittee amendment 1 instructs premium not to exceed 105% and requires a report be filed detailing policy termination.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Failed in House Commerce Industrial Impact Subcommittee 04/06/2004.
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SB 1142*
HB 1331
(Full Text) |
Covered claims and guaranty associations. (1) Increases cap on liability of Tennessee Insurance Guaranty Fund (Fund) to $200,000 from $100,000 to pay claims of insolvent insurance company. (2) Specifies that Fund has right to recover for amounts paid by Fund, whether amounts paid are for indemnity, defense, or otherwise. (3) Provides that insured's net worth, for purposes of determining Fund's ability to recover from that insured, is deemed to include aggregate net worth of insured and
all of its subsidiaries or person that insured controls, is controlled by, or is under common control with insured, either directly or indirectly. (S: Kyle; H: Wood)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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SB 1335*
HB 1564
(Full Text) |
Refund of gross unearned premium. Increases to 90 days from 60 days the time in which an insurer must refund gross unearned premium to premium finance company upon cancellation. Increases to 60 days from 30 days the time period in which premium finance company must refund to insured surplus over amount due from insured upon return from insurer. (S: Person; H: McMillan)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
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SB 1494*
HB 1332
(Full Text) |
Payment of commissions and fees. Deletes the current law provision allowing an insurer or insurance producer to pay or assign commissions, service fees, brokerages or other valuable consideration to persons who do not sell, solicit or negotiate insurance in this state if such persons are creditors of the insurance producer. (S: Kyle; H: Wood)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Industrial Impact Subcommittee.
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SB 1616
HB 0022*
(Full Text) |
Insurance companies barred from using credit history. Prohibits insurance companies from using an individual's credit rating or history to manipulate terms of the policy, charge higher premiums, canceling or declining to issue property or casualty policy sought for personal, family or household purposes. (S: Harper; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Industrial Impact Subcommittee.
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SB 2706*
HB 3145
(Full Text) |
Restrictions on who may sell title insurance. Clarifies that no person may issue, sell or exchange title insurance unless the commitment and contract of title insurance is issued and countersigned by a TN resident who either holds a certificate of authority from the state or maintains an office in the state. (S: Norris; H: Johnson R.) House amendment 1, Senate Commerce amendment 1 requires non-resident producers to be countersigned by a Tennessee resident or by a representative of a
defined Tennessee entity in order to issue title insurance.
Senate Status: Re-referred to Senate Calendar Committee 03/24/2004.
House Status: House 05/12/2004 passed with amendment.
|
INSURANCE HEALTH
|
SB 0290*
HB 0845
(Full Text) |
Comprehensive Health Insurance Pool Act. Enacts the Comprehensive Health Insurance Pool Act. Requires all health insurance companies in this state that provide health plan benefits to be members of the pool. Requires the commissioner of finance and administration to set up a board of directors over such pool. Requires such board to annually submit a funding and operation plan to the commissioner. Authorizes the board to enter into certain contracts and define specified actuarial issues.
Allows any individual, including eligible dependents, who has lived in the state for at least one year to participate in such coverage, with some specified exceptions. (18 pp.) (S: Clabough; H: McCord)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Government Operations.
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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.
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SB 2505*
HB 3005
(Full Text) |
VolunteerCare Health Insurance Program. Enacts "VolunteerCare Universal Health Care Coverage for Tennessee Act of 2004" that creates a new health insurance program as a part of comprehensive statewide healthcare reform. Specifies population to be covered by new program. Establishes VolunteerCare Health as an independent executive agency to arrange for the provision of comprehensive, affordable health care coverage to eligible small employers, including the self-employed, their employees
and dependents, and individuals on a voluntary basis. Specifies that VolunteerCare Health is also responsible for monitoring and improving the quality of health care in the state. (56 pp.) (S: Dixon; H: Armstrong) House amendment 1 specifies that existing fee schedules for child care food service establishments apply only to sites funded through the commission on aging and disability.
Senate Status: Senate passed 05/20/2004.
House Status: House 05/06/2004 passed with amendment.
Other Status: Sent to governor 05/20/2004.
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SB 2715*
HB 3163
(Full Text) |
TN Comprehensive Health Insurance Pool Act. Restores the TN comprehensive health insurance pool as a nonprofit entity to insure TN residents denied adequate health insurance. Includes as members of the pool all insurers issuing health insurance in TN since July of 1986 and any entity operating an HMO in TN since July of 1990. Provides for an 11-member board of directors to be appointed by the commissioner and specifies membership of the board. Establishes responsibilities and powers of
the board. Sets eligibility requirements for individuals who have been TN residents for at least one year. Declares it unlawful for any employer to coerce an individual to participate in the pool for the purpose of reducing group plan premiums. Authorizes the pool to enter into agreements with employer-sponsored health plans for employees denied coverage. (S: Kyle; H: Shaw)
TennCare Oversight Committee comment: It is unclear whether this bill as written would affect the TennCare program.
Part of the original Comprehensive Health Insurance Pool Act specifically exempted any person who is at the time of the pool application eligible for health care benefits under the Medicaid provisions of Title 71, Chapter 5. Because the HCHIP act was written before TennCare existed, it is impossible to know whether the intent would have been to exclude Medicaid eligible TennCare recipients only. If the intent of the bill is to make uninsurable persons ineligible for TennCare, this would require
the TennCare waiver to be amended. Because most uninsurable recipients on TennCare would not be able to afford the premiums of the TCHIP program as it previously existed, these persons would likely be left without an affordable source of health coverage. The removal of these persons from TennCare would also result in the loss of millions of dollars in federal cost sharing funds.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/20/2004.
House Status: Taken off notice in House Commerce Industrial Impact Subcommittee.
Other Status: TennCare Oversight Committee 03/22/2004 adopted the comment.
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SB 3040
HB 2748*
(Full Text) |
Self-insuring pools for business coalitions. Authorizes certain multi-employer self-insuring pools for providing health insurance to employers in certain nonprofit business coalitions or associations. (S: Ketron; H: Johnson P.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Commerce Industrial Impact Subcommittee deferred to 03/30/2004.
|
HJR 0088
(Full Text) |
Reporting on malpractice insurance. Requests department of commerce and insurance report to general assembly on legal authorization needed to examine number of professionals and health care facilities having malpractice insurance from companies organized as risk retention groups which have ceded all their assets and liabilities to out-of-state re-insurers. (H: DeBerry J.)
House Status: Referred to House Commerce Industrial Impact Subcommittee.
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JUDICIARY
|
SB 0049
HB 0167*
(Full Text) |
Inspection of juvenile court records by principal. Authorizes principal, principal-teacher or assistant principal from any public school to inspect juvenile court records or files for the sole purpose of determining whether a child is legally charged with a felony and if such child's continued presence in school poses a danger to persons or property or disrupts the educational process. (S: Cooper J.; H: Fraley)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended
against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
|
SB 0135*
HB 0298
(Full Text) |
Employment of outside counsel. Prohibits the attorney general from employing outside counsel who is currently involved in action against the state. (S: Fowler; H: Cochran) Senate amendment 1 rewrites the bill. Requires that the attorney general and reporter or district attorney general shall inform the governor and consideration will be given to whether the person or firm is to be employed as additional counsel. Adds consideration as to whether the action, if adjudicated in that party's
favor, is likely to result in an increase in state expenditures.
Senate Status: Senate 05/06/2004 passed with amendment.
House Status: House passed 05/10/2004.
Other Status: Sent to governor 05/10/2004.
|
SB 0155*
HB 1558
(Full Text) |
Bail bonds - duration of bond or recognizance. If a defendant forfeits on bond or recognizance but is returned to the court prior to final judgment of forfeiture, the court shall not reinstate or continue the bond without the written authorization of the bondsman. Court is permitted to set new bond, however, relieving bondsman of further liability on the bond. If a defendant is detained in another state that refuses extradition, the bondsman is relieved of liability on the bond. If a
person is not qualified to be a bondsman, neither are they permitted to be employed by, serve as an agent of, own, operate or hold stock in a company operating as a bail bond company. Increases compensation for court-appointed bail bondsman investigators to $100 from $10 per day. States that funds for investigators' compensation shall come from the bail bond tax, not from the general funds of the county. Permits sureties of a bond on which there has been a conditional forfeiture to start legal
proceedings immediately against the indemnitors. Expands bail bond tax to include releases of any and all kinds issued by the court. (S: Dixon; H: Jones U.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 0158*
HB 0300
(Full Text) |
Judicial selection and evaluation. Adds preservation of separation of powers doctrine to the declared purpose of the judicial selection commission. (S: Fowler; H: Cochran)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Judicial Administration Subcommittee 04/20/2004.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
|
SB 0159*
HB 0299
(Full Text) |
Requirements for judicial selection commission. Requires the judicial selection commission to determine whether a nominee will adhere to the doctrine of separation of powers in interpreting the state constitution and legislative statutes during the course of evaluating any judicial nominees. (S: Fowler; H: Cochran)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Judicial Administration Subcommittee 04/20/2004.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
|
SB 0160*
HB 0659
(Full Text) |
Elective office of the solicitor general. Establishes the elective office of solicitor general. Transfers all duties currently performed by the attorney general except for the reporting of opinions of the supreme court of Tennessee. Transfers the employees associated with the attorney general to the solicitor general. Sets the salary for solicitor general at the same rate of pay as an associate justice of the supreme court. (S: Fowler; H: Dunn)
Tennessee Judicial Council comment:
Tennessee Judicial Council recommended against on 02/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/13/2003.
|
SB 0366
HB 0130*
(Full Text) |
Sunshine in Litigation Act. Prohibits any court from entering an order or judgment that has the purpose or effect of concealing a public hazard or any information useful to the public in protecting themselves from injury. Prohibits the enforcement of any portion of an agreement or contract which has the intent of concealing a public hazard. Confers legal standing to contest an order, judgment, agreement or contract that violates this act by court motion. Provides for court examination of
disputed information or materials. Also voids any portion of an agreement or contract which has the objective of concealing information relating to the settlement or resolution of any claim or action against the state or state agencies. Clarifies that bill does not apply to trade secrets or any proprietary confidential business information. (S: Crutchfield; H: Buck)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0400*
HB 1022
(Full Text) |
Juvenile appeals subject to TN Rules of appellate procedure. Makes Tennessee rules of appellate procedure applicable to all appeals from juvenile court. (S: Graves; H: Davidson)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 0534*
HB 1245
(Full Text) |
Bail bondsmen's liability for forfeiture. Revises provisions relative to forfeiture of bail bonds and bail bondsmen's liability. Prohibits jailers, attorneys, police officers, convicted felons, committing magistrates, municipal or magistrate court judges, clerks or deputy clerks, sheriffs, deputy sheriffs, constables and any other officers with powers to arrest from working for or owning company that owns bail bond company. Increases remuneration for services rendered to $100 from $10 per
day to court-appointed investigator of bail bondsman's solvency. Requires such services to be compensated from bail bond tax rather than from the general fund of the county. (S: Ford J.; H: Chumney)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 0535*
HB 1842
(Full Text) |
Class awarded 80% of class action suit. Entitles class to at least 80% of any settlement awarded in a class action suit. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0706*
HB 0955
(Full Text) |
Relatives who can require bond of the attorney in fact. Changes language from "next of kin" to "relative" of principal who has executed a durable power of attorney, who may petition the court to require a bond of the attorney in fact. Defines relative for the purposes of this part. Allows petition of the court at any time rather than specifically upon disability or incapacitation of the principal. (S: Harper; H: Pruitt)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0783*
HB 1415
(Full Text) |
Felon to remain on bail if deemed not dangerous. Authorizes trial judge to order defendant convicted of certain serious felonies to remain on bail pending appeal process. Trial judge must find defendant is not dangerous, will not flee and that there are substantial questions of law or fact likely to result in reversal, order for a new trial or less prison time than already served by the defendant. (S: Cohen; H: Buck) House Judiciary amendment 1, Senate amendment 1 requires the trial judge
to find that the defendant is not dangerous, will not flee and there are substantial question of law likely to result in reversal before such judge can determine to not revoke bail for defendants convicted of either first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or drug violations. Deletes the language "or fact."
Senate Status: Failed 04/23/2003 in Senate after adopting amendment 1.
House Status: Held on House clerk's desk.
Other Status: Tennessee Judicial Council approved with amendments 03/13/2003; released to standing committees.
|
SB 0793*
HB 1325
(Full Text) |
Filing fee increase. Increases fee paid to court clerk for filing instruments to $4 from $2. Increases fee for entering each judgment to $5 from $3. (S: Person; H: Kent) House Judicial Administration Subcommittee amendment 1 takes away state payment for fiscal purposes.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
|
SB 0794*
HB 1324
(Full Text) |
Fees paid to clerks of courts recoverable as money judgment. The clerks of the courts shall not be bound to pay to any successful party the funds which have been collected previously from such party in payment of fees, other costs and litigation taxes. Instead, such fees may be collected from the losing party in the same manner as a money judgment. (S: Person; H: Kent)
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
|
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 deferred to the summer study committee.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 0849*
HB 1857
(Full Text) |
Payment to attorneys employed to defend state statute. Requires cases in which the attorney general has certified to the speaker of each house the decision not to defend the constitutionality of any statute, that attorneys employed to defend such statutes must be paid out of budget of the attorney general rather than from the state treasury. (S: Fowler; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
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 0864
HB 0796*
(Full Text) |
Senior judge status. Reduces number of years of creditable service state justice or judge must have in order to request designation as senior justice or judge to five years from eight years. (S: Ramsey; H: Patton)
Tennessee Judicial Council took no action on the bill 02/27/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Judiciary 04/09/2003.
Other Status: Tennessee Judicial Council took no action on the bill 02/27/2003.
|
SB 0933*
HB 1929
(Full Text) |
Judicial council to redraw judicial districts. Requires the judicial council to devise and submit a plan to the general assembly, by January 1, 2004 to realign and reconstitute the existing judicial districts. Requires the judicial districts to be constituted on the basis of population to the end that each district will consist of substantially equal population. (S: Fowler; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 0966*
HB 1868
(Full Text) |
Multiple garnishments to run concurrently. Authorizes court to permit multiple garnishments of debtor to run concurrently as long as sufficient funds are available in excess of maximum exemption amount. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1000*
HB 1872
(Full Text) |
Multiple garnishments. Authorizes clerk to issue multiple garnishments and executions upon proper request of party. (S: Norris; H: Bunch)
Tennessee Judicial Council approved 02/27/2003 with amendment which strikes last sentence in section 1 of bill; released to standing committees.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
|
SB 1007
HB 1007*
(Full Text) |
Ex parte discussions - attorneys and health care providers. Allows health care providers to be interviewed concerning plaintiffs in civil action or those under legal control of plaintiff where mental or physical condition is in controversy. Clarifies that by instituting such action, plaintiff waives confidentiality covenants between plaintiff and health care provider. (S: Norris; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Civil Practice Subcommittee 02/04/2004 deferred to tort reform committee.
|
SB 1012
HB 0821*
(Full Text) |
Judgment debtor cannot get automatic stay of garnishment. Abolishes the current law provision which provides a person who files a motion to pay a judgment in installment payments, from receiving an automatic stay of execution of garnishment. (S: Norris; H: Overbey) House amendment 1 adds a new section instead of amending the current code. Applies to instances in which an agreement has been previously established to pay back debt in installments without a slow pay motion. If the debt is
still unpaid, this section states that if a slow pay motion is then filed it does not operate to stay collection until there is a hearing.
Senate Status: Senate passed 05/19/2004.
House Status: House 05/10/2004 passed with amendment 1.
Other Status: Sent to governor 05/19/2004.
|
SB 1055
HB 1078*
(Full Text) |
Moratorium on new municipal courts. Imposes moratorium on creation of new municipal courts either by general assembly or home rule municipalities until such time as committee appointed by judicial council studies matter, makes recommendations to general assembly and general assembly has had one session to consider recommendations. (S: Herron; H: Maddox)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judicial Administration Subcommittee deferred to last calendar.
|
SB 1140
HB 0106*
(Full Text) |
Claims in general sessions court. Clarifies limitation of actions relative to certain counterclaims or third party complaints in general sessions court. Specifies that if a plaintiff commences a suit in general sessions court within any applicable statute of limitations, any claim the defendant may have against the plaintiff is not barred by the applicable statute of limitations if it was not barred at the time the plaintiff commenced suit. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1159*
HB 1446
(Full Text) |
Immunity for certain attorneys representing indigents. Grants same immunity for court appointed attorneys while representing indigents as that of public defenders. (S: Crowe; H: Cochran)
Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
Senate Status: Senate Judiciary deferred to 03/30/2004.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003 with amendment, released to standing committees.
|
SB 1247
HB 0695*
(Full Text) |
Service of summons before execution of judgment. Increases the number of days allowed after a summons is served to 45 days from 30 days, before an execution or other process of enforcement of a foreign judgment occurs. (S: Ramsey; H: Hargett)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Caption bill held on House clerk's desk.
|
SB 1350*
HB 1413
(Full Text) |
Litigation Reform Act of 2003. Enacts "Litigation Reform Act of 2003" which allows a party to file an action under a pseudonym. Requires any pleading filed with a pseudonym to be accompanied by an affidavit stating specific facts explaining why anonymity of the party is necessary. (S: Person; H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 1352
HB 0131*
(Full Text) |
Additional public defenders for 20th and 30th districts. Creates additional assistant public defenders for 20th and 30th judicial districts in a manner consistent with the most current case weighting study. (S: Jackson; H: Buck) Senate Judiciary amendment 1 changes the effective date. Senate Finance amendment 1, House amendment 4 rewrites the bill. Creates 17 new assistant district public defender positions on July 1, 2004. Requires the executive director of the district public defender's
conference and the administrative director of the court to recommend judicial district assignments for the new public defenders. Directs the 104th General Assembly to enact legislation designating the new assistant public defenders to their judicial districts as soon as practicable.
Senate Status: Set for Senate floor 05/20/2004.
House Status: House 05/19/2004 passed with amendment 4. House amendment 4 rewrites the bill. Creates 17 new assistant district public defender positions on July 1, 2004. Requires the executive director of the district public defender's conference and the administrative director of the court to recommend judicial district assignments for the new public defenders. Directs the 104th General Assembly to enact legislation designating the new assistant public defenders to their judicial
districts as soon as practicable.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
|
SB 1354
HB 0492*
(Full Text) |
TnCIS steering committee extension. Extends Tennessee Court Information System (TnCIS) steering committee to a period not to exceed five years from June 30, 2001. Current law extends committee to a period not to exceed five years from June 30, 1999. (S: Jackson; H: Buck)
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 1358
HB 0077*
(Full Text) |
More assistant district attorneys. Increases the number of assistant district attorneys and criminal investigators in most judicial districts. (S: Jackson; 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.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
|
SB 1417
HB 0137*
(Full Text) |
Sanctions for frivolous filing of order of protection. States that if the court finds that an order of protection was filed frivolously or for the purpose of harassing the respondent, the court may impose sanctions upon the petitioner. Such sanctions include: the court may require the petitioner to pay respondent's attorney fees in defending himself, loss of wages, or other expenses reasonably incurred by the respondent. (S: Jackson; H: Buck) House Children & Family Affairs amendment 1
adds that Rule 11 should apply to all petitions for orders of protection regardless of the court. Changes effective date to July 1, 2004. House Family Justice amendment 1 changes the effective date to July 1, 2004.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 02/13/2003 if amended to delete the verbiage "any applicable bond premiums."
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Calendar & Rules.
Other Status: Tennessee Judicial Council approved 02/13/2003; released to standing committees.
|
SB 1427
HB 0088*
(Full Text) |
Penalty for failure to execute proper return of process. Increases penalty for failure of sheriff or other officer to execute and make timely and proper return of any court-issued process to $150 from $125. (S: Jackson; H: Buck) House Judiciary amendment 1 changes the effective date to July 1, 2004.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Set for House floor 05/19/2004.
|
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 1741*
HB 1718
(Full Text) |
Invasion of privacy - communication interception. Requires in regard to the exclusion from privacy invasion that all parties to a communication, rather than one person to a communication, have given prior consent to all parties, rather than consent to one person, to intercept wire, oral or electronic communication. Prohibits communication interception for criminal or tortious violations. (S: Cooper J.; H: Curtiss)
Senate Status: Withdrawn in Senate 03/10/2003.
House Status: Withdrawn in House 03/10/2003.
|
SB 1750*
HB 1673
(Full Text) |
Appointment of judicial commissioners. Requires presiding general sessions criminal judge of any county that appoints judicial commissioners to establish qualifications and training necessary for person to be appointed as judicial commissioner. Also requires any person who has been appointed as a judicial commissioner prior to the enactment of this act to meet the qualifications and receive the training established by such judge to continue serving as a judicial commissioner. (S: Cooper
J.; H: Matheny) House Judiciary Committee amendment 1 tasks the county executive and county commission with ratifying the general sessions judges training program.
Tennessee Judicial Council comment: Tennessee Judicial Council approved 03/13/2003; released to standing committees.
Senate Status: Senate passed 03/31/2003.
House Status: Taken off notice in House Calendar & Rules.
Other Status: Tennessee Judicial Council approved 03/13/2003; 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 1798
HB 1696*
(Full Text) |
Form of bail in certain cases. Permits judge or chancellor to require that form of bail bond be cash deposit bond if bailable offense involves worthless check, child custody or support violation or a violation of the defendant's probation. (S: Bryson; H: Casada) House Judiciary Committee amendment 1 makes a cash bond optional by substituting the words "may be a cash bond."
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 04/14/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 04/14/2003.
|
SB 1876
HB 1662*
(Full Text) |
Form and amount of bail in misdemeanor. Allows judge or chancellor to determine the form that a bail bond should take, including cash deposit bond, the amount of the bond and the conditions of release on bond. Clarifies that this authority is not to be construed as authorizing a judge or chancellor to abrogate defendant's constitutional right to be admitted to bail. (S: Kyle; H: Kent)
Tennessee Judicial Council comment: Tennessee Judicial Council recommended against on 03/13/2003.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 03/13/2003.
|
SB 1987*
HB 2068
(Full Text) |
Adjustments to salaries of general sessions court judges. Clarifies that when a county moves into a higher population classification based upon a subsequent census, that the salary of a general sessions judge of such county must be determined by the higher classification for the remainder of the term but cannot be less than such judge's present salary. (S: Burks; H: Walker R.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 2017*
HB 2101
(Full Text) |
Criminal court magistrates. Allows the criminal court judge in any judicial district to appoint one or more licensed attorneys to act as county paid criminal court magistrate. Authorizes such magistrates to conduct arraignments, take guilty pleas, issue process, conduct probation revocation hearings and other routine matters. Prohibits such magistrates from conducting a trial by jury. Specifies that a defendant will be afforded the opportunity to execute a consent form agreeing to holding
the proceedings in front of the criminal court magistrate and if no consent is provided, the matter shall be referred to the criminal court judge. (S: Haynes; H: Briley)
Tennessee Judicial Council comment: Tennessee Judicial Council 04/14/2003 made no recommendation for or against the bill. The council reiterated its support for the bill creating new judgeships in Davidson County rather than add magistrates.
Senate Status: Senate Judiciary 05/13/2003 recommended. Sent to Senate Finance.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council 04/14/2003 made no recommendation.
|
SB 2225*
HB 2348
(Full Text) |
Garnishing wages in actions for forcible entry. Specifies that a stay of garnishment arising from a judgment in action of forcible entry or detainer may be granted if the parties and their attorneys or authorized agents acting on their behalf have signed a written agreement for the payment of the judgment in installments. Specifies that agreement must be filed with the clerk of the court. Specifies that failure of the judgment debtor to strictly comply with terms of written agreement
renders a stay of garnishment void. (S: McLeary; H: Shaw)
Judicial Council comment: Tennessee Judicial Council on 03/11/2004 outlined conflicts with the existing slow pay statute.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council released with comment on 03/11/2004.
|
SB 2246*
HB 2338
(Full Text) |
Administrative office of the courts. Requires administrative office of the courts to create and maintain registry of persons credentialed as court interpreter of spoken foreign languages. Also requires AOC to post such registry on its Web site. (S: Cohen; H: Bowers)
Senate Status: Senate passed 05/10/2004.
House Status: House passed 03/25/2004.
Other Status: Sent to governor 05/10/2004.
|
SB 2289*
HB 2355
(Full Text) |
Bail bondsman's obligation limited to two years. Releases bail bondsman or surety from its obligation under bail bond if charge against surety's principal is not commenced within two years and delay is not due to actions of the principal. (S: Ford J.; H: Johnson R.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 2291
HB 2263*
(Full Text) |
Judgment on bail bond. Limits time clerk can demand payment for execution on final bail bond judgments to 180 days. (S: Ford J.; H: Cooper B.) House amendment 1 increases the time limit from 180 days to five years.
Senate Status: Senate passed 05/10/2004.
House Status: House 04/12/2004 passed with amendment.
Other Status: Sent to governor 05/10/2004.
|
SB 2304*
HB 2906
(Full Text) |
Compensation for jurors. Declares that the statement showing juror compensation shall also specify the number of hours each day that the juror served and shall be available to the juror's employer. (S: McNally; H: Hackworth) House amendment 1 states that prior to each day's service a juror may request a statement showing the number of hours provided that the service has been for less than 3 hours.
Senate Status: Senate passed 03/31/2004.
House Status: House 03/08/2004 passed with amendment 1.
Other Status: Enacted as Public Chapter 0523 (effective 07/01/2004).
|
SB 2318*
HB 2353
(Full Text) |
Court fees. Requires clerks to charge $2.00 fee for data entry for each party in a case or each delinquent in a delinquent tax lawsuit. Requires judicial council to appoint committee to study court costs and to make recommendations on how to make court costs more uniform. Also requires report on study be given to the general assembly by January 17, 2005. (S: Clabough; H: Overbey) House amendment 1 deletes Section 1 of bill regarding $2.00 fee for data entry.
Senate Status: Senate passed 05/10/2004.
House Status: House 04/29/2004 passed with amendment.
Other Status: Sent to governor 05/10/2004.
|
SB 2346*
HB 2673
(Full Text) |
Litigation tax. Allows Davidson and Shelby counties to impose a local litigation tax on each civil case filed in general sessions court, or in a court where the general sessions judge serves as judge, except juvenile court. Also allows Davidson and Shelby counties to impose local litigation tax on each criminal conviction in general sessions court. (S: Kyle; H: Stanley) House amendment 1 removes Davidson County from this bill.
Senate Status: Senate 05/10/2004 concurred with House amendment 1.
House Status: House 05/06/2004 passed with amendment.
Other Status: Signed by governor 05/18/2004.
|
SB 2395*
HB 2911
(Full Text) |
Garnishment - execution when multiple writs exist. Requires six-month period for second and later garnishments on same debtor to begin running upon filing of the garnishment summons with the court clerk. (S: Haynes; H: West) Senate Judiciary, House amendment 1 rewrites the bill. Clarifies that an employee's garnishment expires six months from the date the garnishment is served on the employer. Specifies that if two or more garnishments are filed, the second and subsequent garnishments
will run concurrently with the first. Clarifies that the maximum allowable percentage to be taken from the pay remains the same.
Senate Status: Re-referred to Senate Calendar Committee 05/19/2004.
House Status: House 05/13/2004 passed with amendment.
|
SB 2448
HB 2354*
(Full Text) |
Claims for attorney fees. Deems counterclaimant for contractual attorney fees to be prevailing party if plaintiff voluntarily dismisses an action while such counterclaim is pending and does not timely recommence the action. (S: Norris; H: Overbey) House amendment 1 allows the court discretion in determining the prevailing party for the purpose of recovering contractual attorney fees in cases when the plaintiff voluntarily dismisses the action. Senate amendment 1 adds that the provisions
of this bill would only apply if the plaintiff did not timely recommence the action.
Senate Status: Senate 05/19/2004 passed with amendment 1. Senate amendment 1 adds that the provisions of this bill would only apply if the plaintiff did not timely recommence the action.
House Status: House 05/20/2004 concurred with Senate amendment 1.
Other Status: Sent to governor 05/20/2004.
|
SB 2504*
HB 2905
(Full Text) |
Codification of 2003 legislation. Directs legislation passed in 2003 session of the 103rd general assembly to be codified in Tennessee Code Annotated. (S: Wilder; H: McMillan)
Senate Status: Senate passed 02/04/2004.
House Status: House passed 03/01/2004.
Other Status: Enacted as Public Chapter 0437 (effective 03/12/2004).
|
SB 2506
HB 2432*
(Full Text) |
Court ordered determination of paternity. Clarifies when a court may order a determination of paternity. Also relieves an individual of responsibility for child support arrearages when the individual is judicially excluded as the father of the child. (S: Southerland; H: Yokley)
Senate Status: Withdrawn in Senate 02/23/2004.
House Status: House 04/21/2004 returned bill to the Senate.
|
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 referred to the summer study committee.
|
SB 2654
HB 2306*
(Full Text) |
General Sessions Court judge appoints special referee. Empowers a General Sessions Court judge to appoint a special referee to hear forcible entry and detainer actions between landlords and tenants. Upon proof that the property had been abandoned, the general sessions court or appointed referee may waive the notice requirement and may issue a warrant for the removal of the tenant's personal property effective immediately. (S: Cooper J.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 2655
HB 2305*
(Full Text) |
General Sessions Court judge appoints special referee. Empowers a General Sessions Court judge to appoint a special referee to hear forcible entry and detainer actions between landlords and tenants. Specifies that any actions between a landlord and tenant must first be heard by the referee, provided the general sessions court has jurisdiction over the action. (S: Cooper J.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 2656
HB 2307*
(Full Text) |
Forcible entry and detainer action by general sessions. Allows a general sessions court to order the immediate execution of a judgment on a forcible entry and detainer action. This action is available in the instance of default judgment or if the court finds that the tenant abandoned the property. The existing 10-day delay period on execution of all other forcible entry and detainer actions is upheld. (S: Cooper J.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 2734
HB 2546*
(Full Text) |
Juvenile court reviews placement of children. Allows juvenile court to review and make recommendations to department of children's services in regard to the child's placement. (S: Trail; H: Fowlkes)
Senate Status: Senate passed 05/19/2004.
House Status: House passed 03/01/2004.
Other Status: Sent to governor 05/19/2004.
|
SB 2753
HB 2665*
(Full Text) |
Litigation tax to fund grants to child advocacy centers. Imposes additional litigation tax of $1.00 on all civil and criminal cases with the proceeds to go to the general fund for the purpose of the department of finance and administration awarding grants to local child advocacy centers. (S: McNally; H: Johnson R.)
Senate Status: Senate Judiciary deferred to 04/27/2004.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
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.
|
SB 2813
HB 2742*
(Full Text) |
General sessions courts corrected judgments. Establishes procedure for general sessions courts to correct judgment or order due to mistake or fraud or because judgment is void, satisfied, discharged or reversed. (S: Fowler; H: Bunch) House amendment 1 rewrites the bill. Specifies that the provisions of Rule 60 of the TN rules of civil procedure shall apply to all courts of general sessions. Clarifies that the judge of such court shall have the same authority to correct judgments as
currently authorized.
Senate Status: Senate passed 05/19/2004.
House Status: House 05/03/2004 passed with amendment.
Other Status: Sent to governor 05/19/2004.
|
SB 2900
HB 2730*
(Full Text) |
Adding possibility of "contempt of court" to subpoenas. Urges the Supreme Court to amend Rule 45 of the Rules of Civil Procedure to add explicit language to subpoenas stating that failure to appear in court may put the designated party in contempt of court and, thus, responsible for contempt of court charges and penalties. (S: Miller J.; H: Bunch) House amendment 1 requires subpoenas to include a statement of the penalties for failure to appear instead of encouraging the Supreme Court to
make such a change to TRCP. Senate amendment 2 delays the use of the new subpoenas having the additional language until the old subpoenas have been utilized.
Judicial Council comment: Deferred in Judicial Council 03/11/2004 to the Rules Commission.
Senate Status: Senate 05/06/2004 passed with amendment.
House Status: House 05/12/2004 concurred.
Other Status: Sent to governor 05/12/2004.
|
SB 3034
HB 2614*
(Full Text) |
Statewide form for parenting plans. Requires the administrative office of the courts to develop and implement a standardized form for all courts in the state to use in developing and approving parenting plans. (S: Ketron; H: DuBois) House amendment 1 rewrites the bill. Directs the TN family law commission, the domestic relations committee of the TN judicial conference and the administrative office of the courts to develop a statewide form for the parenting plan.
Senate Status: Senate passed 05/19/2004.
House Status: House 04/08/2004 passed with amendment.
Other Status: Sent to governor 05/19/2004.
|
SB 3196*
HB 3239
(Full Text) |
Specifies compensation for sequestered jurors. Provides for a sequestered juror to receive at least $30.00 per day of attendance. (S: Cohen; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 3341
HB 3120*
(Full Text) |
Sheriffs' duties. Consolidates sheriffs' duties found throughout the code into one subsection. (S: Southerland; H: Yokley)
Senate Status: Senate passed 03/01/2004.
House Status: House passed 03/01/2004.
Other Status: Enacted as Public Chapter 0438 (effective 03/12/2004).
|
HB 0497*
(Full Text) |
Release of bail bondsman or surety from obligation. Deletes provision, in cases where defendant is convicted or pleads guilty, whereby surety remains liable on criminal appearance bond until court renders defendant's sentence, unless relieved by court. (H: Buck)
House Status: Referred to House Judiciary.
|
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.
|
SJR 0052
(Full Text) |
Constitutional amendment - Election of attorney general. Proposes an amendment to Article VI, Section 5, of the Constitution of Tennessee, to provide for a popularly elected attorney general and reporter for the state. (S: Miller J.)
Senate Status: Failed in Senate Judiciary 03/09/2004.
|
SR 0114
(Full Text) |
Rules of criminal procedure. Approves amendments to Tennessee rules of criminal procedure promulgated by supreme court. (S: Haynes)
Senate Status: Senate 02/18/2004 adopted.
Other Status: Sent to governor 02/18/2004.
|
SR 0115
(Full Text) |
TN rules of civil procedure. Approves amendments to Tennessee rules of civil procedure promulgated by supreme court. (S: Norris)
Senate Status: Senate 02/18/2004 adopted.
Other Status: Sent to governor 02/18/2004.
|
SR 0116
(Full Text) |
Tennessee rules of evidence. Approves amendments to Tennessee rules of evidence promulgated by supreme court. (S: Jackson)
Senate Status: Senate 02/18/2004 adopted.
Other Status: Sent to governor 02/18/2004.
|
SR 0117
(Full Text) |
Rules of appellate procedure. Approves amendments to Tennessee rules of appellate procedure promulgated by supreme court. (S: Person)
Senate Status: Senate 02/18/2004 adopted.
Other Status: Sent to governor 02/18/2004.
|
HR 0233
(Full Text) |
Approves 2003 amendments to TN Rules of Civil Procedure. Approves and ratifies amendments and revisions to the Tennessee Rules of Civil Procedure, as promulgated and adopted by the Supreme Court on December 10, 2003 and filed on January 23, 2004. (H: Fowlkes)
House Status: House 02/19/2004 adopted.
Other Status: Sent to governor 02/19/2004.
|
HR 0234
(Full Text) |
Rules of appellate procedure. Approves amendments to Tennessee rules of appellate procedure promulgated by supreme court. (H: Fowlkes)
House Status: House 02/19/2004 adopted.
Other Status: Sent to governor 02/19/2004.
|
HR 0235
(Full Text) |
TN rules of evidence. Approves amendments to Tennessee rules of evidence promulgated by supreme court. (H: Fowlkes)
House Status: House 02/19/2004 adopted.
Other Status: Sent to governor 02/19/2004.
|
HR 0236
(Full Text) |
Rules of criminal procedure. Approves amendments to Tennessee rules of criminal procedure promulgated by supreme court. (H: Fowlkes)
House Status: House 02/19/2004 adopted.
Other Status: Sent to governor 02/19/2004.
|
HR 0242*
(Full Text) |
Tennessee Rules of Civil Procedure. Approves amendments to the Tennessee Rules of Civil Procedure. (H: Fowlkes)
House Status: House 04/12/2004 adopted.
Other Status: Sent to governor 04/12/2004.
|
HR 0243
(Full Text) |
Review & ratification of rules. Approves amendments to Tennessee rules of appellate procedure promulgated by supreme court. (H: Fowlkes)
House Status: House 04/12/2004 adopted.
Other Status: Sent to governor 04/12/2004.
|
HR 0244
(Full Text) |
Rules of juvenile procedure. Approves amendments to Tennessee rules of juvenile procedure promulgated by the supreme court. (H: Fowlkes)
House Status: House 04/12/2004 adopted.
Other Status: Sent to governor 04/12/2004.
|
LOTTERY
|
SB 2356
HB 2223*
(Full Text) |
Compulsive gambling disorder treatment program. Requires department of mental health and developmental disabilities to develop and implement educational and treatment program for compulsive gambling disorder. Creates compulsive gambling special account funded from gambling and lottery fines and appearance bond forfeitures. (S: Harper; H: Pruitt)
Lottery Oversight Committee comment: Taken off notice in Lottery Oversight Committee.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
Other Status: Taken off notice in Lottery Oversight Committee.
|
MEDIA & PUBLISHING
|
SB 2200
HB 2201*
(Full Text) |
Public records notice. Permits any notice required by law to be published in newspaper or at court house to also be published on radio, television or other electronic media if public interest will be served by such publication. Broadly captioned. (S: Clabough; H: Shaw)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 2202
HB 2200*
(Full Text) |
Public notices may be broadcast. Permits broadcast on radio or television for public notices in certain circumstances which serve the public interest. (S: Clabough; H: Shaw)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: House Civil Practice Subcommittee deferred to 2005.
|
SB 3186*
HB 3413
(Full Text) |
Prohibits unsolicited facsimile advertisements. Prohibits the transmission of any unsolicited facsimile advertisements. Requires any facsimile transmission to include the date and time of the transmission, the identification of the sender and the telephone number of the sender in a top or bottom margin of at least the front transmitted page. (S: Henry; H: Hargrove)
Senate Status: Senate passed 03/22/2004.
House Status: House passed 04/05/2004.
Other Status: Enacted as Public Chapter 0502 (effective 04/12/2004).
|
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.
|
SB 1098*
HB 1600
(Full Text) |
Bankruptcy restrictions. Decreases to three years from seven years the amount of time bankruptcy can prevent person from becoming location manager. (S: Jackson; H: West) Senate amendment 1 allows collection services board to consider a person's bankruptcy petition that has been filed or granted, as well as any extenuating circumstances, when a person is applying to be a location manager. House Commerce amendment 1 allows collection services board to consider a person's bankruptcy petition
that has been filed or granted, as well as any extenuating circumstances, when a person is applying to be a location manager. Applies six month sunset provision.
Senate Status: Senate 04/23/2003 passed with amendment.
House Status: Failed in House Commerce 05/13/2003.
|
SB 1742*
HB 1711
(Full Text) |
Attorney's agent exempted from investigator regulation. Exempts from licensure and regulation of private investigators an attorney's agent performing duties relating to the attorney's practice of law and acting within the scope of the agent's agency for the attorney and at the attorney's direction. (S: Crutchfield; H: Brown) Senate amendment 1 declares that the provisions of the bill shall not apply to any student at a college or university working as an intern at public defenders or
district attorneys program in the state of Tennessee. Only applies to students who are not compensated and whose services are not charged to the public. House amendment 1 declares that the provisions of the bill shall not apply to any student at a college or university working as an intern at public defenders or district attorneys program in the state of Tennessee. Only applies to students who are not compensated and whose services are not charged to the public. House amendment 2 clarifies that
attorney must be in good standing and licensed in Tennessee.
Senate Status: Senate 04/08/2004 concurred.
House Status: House 05/27/2003 passed with amendments 1 and 2.
Other Status: Enacted as Public Chapter 0539 (effective 06/01/2004).
|
SB 1751*
HB 1682
(Full Text) |
Licensure of insurance adjusters. Provides for licensing of insurance adjusters by the department of commerce and insurance. Permits department to waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of Tennessee. (8 pp.) (S: Cooper J.; H: Harmon)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
|
SB 2080*
HB 2416
(Full Text) |
Private Investigator license exemption for TN attorneys. Requires that attorneys acting as private investigators must be licensed in Tennessee and be in good standing to qualify for licensure exemption. (S: Harper; H: Kernell) House amendment 1 deletes the words "in the state of Tennessee" in regards to the good standing licensure of the attorneys.
Senate Status: Senate 05/13/2004 concurred with House amendment 1.
House Status: House 04/26/2004 passed with amendment.
Other Status: Sent to governor 05/13/2004.
|
SB 2100*
HB 2528
(Full Text) |
CLE and occupation tax exemptions for medical practitioners. Exempts physicians, dentists, nurses, chiropractors, psychologists and social workers who are licensed as special volunteers engaged in medical practice at a free health clinic from continuing education and occupation tax requirements. (S: Fowler; H: Sharp) Senate amendment 1 changes the special volunteer license from an annual to a biannual license. Senate amendment 4 adds physician assistants and removes provision that exempts
special volunteer health care providers from continuing education requirements.
Senate Status: Senate passed 04/08/2004 with previously adopted amendments 1 and 4.
House Status: House passed 04/19/2004.
Other Status: Enacted as Public Chapter 0579 (effective 07/01/2004).
|
SB 2224*
HB 2351
(Full Text) |
Notaries public and color of ink for seal. Requires the stamp used for imprinting seal to be a primary color other than yellow or a secondary or tertiary color other than black, such that it is legible and appears black when photocopied. (S: Fowler; H: Briley) Senate amendment 1 establishes that the color of ink used must be a color other than black or yellow and legible when photocopied. Senate amendment 2 changes effective date to January 1, 2005.
Senate Status: Senate 02/11/2004 passed with amendments 1 & 2.
House Status: Taken off notice in House Judiciary.
|
SB 3202
HB 2830*
(Full Text) |
Private and state fire prevention officials. Requires private, county and state employed fire prevention and building officials to receive certification from the fire marshal. Removes grandfather clause for certain building inspectors. (S: Ketron; H: Hood) House amendment 1 makes the bill effective immediately, requires certification to be complete by January 2005 and preserves the grandfather clause. Senate amendment 1 retains the present law certification exemption for any person who
has been continuously employed as a municipal or county building inspector for a period of seven years or more and who has attained 60 years of age; or who has been a municipal or county building inspector for at least one year, has attained 50 years of age and was licensed by the state as an electrical, plumbing, or heating/air conditioning contractor prior to July 1, 1993.
Senate Status: Senate 05/03/2004 passed with amendment.
House Status: House 05/05/2004 concurred.
Other Status: Signed by governor 05/18/2004.
|
HB 0503*
(Full Text) |
Bondsmen acting as surety. Clarifies the total amount of bail on which a professional bondsman can act as surety. Includes a formula for determining the capacity, available capacity and equity in real estate when making a determination of the amount of bail for which a bondsman may act as surety. (H: Buck)
Tennessee Judicial Council comment: Tennessee Judicial Council no action taken on 03/13/2003.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council no action taken on 03/13/2003.
|
PROPERTY & HOUSING
|
SB 0653
HB 0729*
(Full Text) |
Real property used in the creation of illegal substances. Establishes cause of action for purchasers of real property who purchase property that seller knows to have been used as laboratory for creation of methamphetamine. Specifies purchaser's remedies. (S: Cooper J.; H: Curtiss)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Joint Ad Hoc Committee on Methamphetamine Related Offenses deferred to 03/22/2004.
|
SB 0743*
HB 1076
(Full Text) |
Real estate closings at residences. Prohibits residential real estate closings at residences except under certain conditions such as physical infirmity of the borrower. Also prohibits licensed mortgage loan brokers from recommending to borrower that loan be defaulted to refinance, if refinancing is of no benefit to borrowers. (S: Crutchfield; H: Sargent)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 0876*
HB 1298
(Full Text) |
Cause of action against real estate licensee. Prohibits cause of action against real estate licensee for information contained in a report by home inspection expert unless licensee signs form. (S: Ramsey; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
|
SB 0968*
HB 1851
(Full Text) |
Court hearing when renter ignores delinquency notice. Authorizes a landlord to request a hearing before any court of competent jurisdiction to determine whether a tenant is in default and whether the landlord may commence a detainer action against the tenant, when such tenant does not respond to written notice of default. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
|
SB 0974*
HB 1935
(Full Text) |
Foreclosure sale conducted as advertised. Requires notice of appearance be filed with register of deeds for person performing foreclosure sale. Also requires an affidavit by disinterested witness that sale was conducted as advertised. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0975*
HB 1936
(Full Text) |
Real estate closing over Internet prohibited. Prohibits issuance of a policy of title insurance for real property unless physically signed by agent. Prohibits electronic signatures. Voids land closings that occur over internet. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
|
SB 0976*
HB 1938
(Full Text) |
Foreclosure sale not deemed to be debt collection. Provides that foreclosure under judicial or trust sales is not debt collection. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 0977*
HB 1937
(Full Text) |
Licensed attorney required for foreclosure sale. Requires foreclosure sale to be conducted by licensed attorney except in instances when a judicial appointment of a licensed auctioneer has been made. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1002*
HB 1871
(Full Text) |
Creditors with property interest to be notified by summons. Requires creditors with real property interest to have actual notice by summons or by certified mail from any party attempting to impair or mitigate creditors interest in real estate by any judicial action. Broadly captioned, opening titles 16 (courts), 20 (civil procedure), 26 (execution), 28 (limitation of actions), 29 (remedies), 61 (partnerships), 66 (property), 67 (taxes), and 68 (environment). (S: Fowler; H: Bunch) Senate
amendment 1 rewrites the bill. Current law requires that notice of an artisan's lien must be given by delivery in person or by certified mail. This amendment would require that it be delivered by personal delivery or registered mail. Senate amendment 2 requires registered mail to be return receipt requested.
Senate Status: Senate 04/22/2004 passed with amendment.
House Status: Referred to House Judiciary.
|
SB 1556
HB 1168*
(Full Text) |
Renames Tennessee Theft Deterrence Act of 1999. Allows the Tennessee Theft Deterrence Act of 1999 to be renamed as the "Tennessee Identification and Personal Information Protection Act of 2003." Specifies that identity theft is to be included in the act. (S: Dixon; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1557
HB 1160*
(Full Text) |
Block on nuisance business. Restricts any business, which may be characterized as a nuisance from being located within any home-rule municipality having a charter form of government, from being located within a neighborhood in which the effects of the business could be unhealthy. Requires a petition signed by more than twenty percent of residents within three miles of the business to be filed with the board of zoning for such municipality. (S: Dixon; H: Towns)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee.
|
SB 1863*
HB 1899
(Full Text) |
Discrimination against persons expressing individual style. Clarifies that denying an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation, resort or amusement on the grounds that the individual is wearing a distinguishing insignia, patch, specialized clothing, tattoo, earrings, beard or jewelry is a discriminatory practice. Specifies that a person who commits such a discriminatory practice
is liable for civil damages of not less than $5,000 as well as attorney fees and litigation costs. (S: Burchett; H: McCord)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1865*
HB 1963
(Full Text) |
Sullivan County - Uniform Residential Landlord & Tenant Act. Removes Sullivan County from list of counties excluded from provisions of Uniform Residential Landlord and Tenant Act. (S: Ramsey; H: Mumpower)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
|
SB 2222*
HB 2389
(Full Text) |
Liens on real property. Permits a lien to be placed on real property owned by a person who received federal benefits for which the state is entitled to a recovery of those benefits. Establishes procedures for recording the liens and releases of liens with the department of finance and administration, division of real property. Clarifies that the state is not required to file the lien in order for it to be effective, nor is the state required to provide notice to the property owner that
such lien exists. (S: Fowler; H: Curtiss)
TennCare Oversight Committee comment: Federal law does not permit recovery of funds paid under Title XIX programs unless the recipient received the benefits incorrectly/fraudulently or unless the recipient was over the age of 55 and received long term care benefits. The provision to place a lien on a living person's property also appears to conflict with federal law. The bill could also add to state expense to implement the lien program. These costs
would need to be weighed against any recoveries if the law is implemented.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: TennCare Oversight Committee 03/22/2004 adopted the comment.
|
SB 2314
HB 2288*
(Full Text) |
Inspection of rental property by landlord. Extends the maximum time within which a landlord can inspect a tenant's premises and assign damages the security deposit from three to ten. (S: Fowler; H: Vincent) Senate amendment 1 shortens time window from ten to five business days. House amendment 1 changes the time period to within 10 business days of the tenant's termination of occupancy.
Senate Status: Senate 05/06/2004 concurred with House amendment 1.
House Status: House 04/29/2004 passed with amendment.
Other Status: Signed by governor 05/18/2004.
|
SB 2524*
HB 2924
(Full Text) |
Misapplication of contract payments. Current law specifies that it is a Class E felony for a person to receive money to improve real property and use that money for a purpose other than paying for labor or materials for the improvement of such property while any amount such person may be liable for labor or materials continues to be unpaid. This bill specifies that no offense is committed if funds are disbursed pursuant to a written agreement or if money for several different land
improvement projects pooled into one account is spent according to generally accepted accounting principles for construction projects. (S: Fowler; H: Head) Senate amendment 1 deletes language regarding one single business banking account. House amendment 1 restores bill to its original form.
Senate Status: Senate 05/06/2004 concurred with House amendment 1.
House Status: House 04/21/2004 passed with amendment.
Other Status: Signed by governor 05/18/2004.
|
SB 2660*
HB 2564
(Full Text) |
Landlord recovery rights. Specifies provisions of this section shall apply state-wide, granting landlords certain recovery rights against tenants. (S: Kilby; H: Winningham)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 2682*
HB 2999
(Full Text) |
Enforcement of mechanic's lien. Reduces the time period that a garage keeper or towing firm must wait before enforcing a lien on a vehicle in its possession from 60 days to 30 days. (S: Haynes; H: Newton)
Senate Status: Senate passed 03/11/2004.
House Status: House 03/08/2004 passed.
Other Status: Enacted as Public Chapter 0460 (effective 03/25/2004).
|
SB 2711*
HB 3146
(Full Text) |
Requires register of deeds to refund certain excess fees. Directs the register of deeds to accept every instrument eligible for registration and submitted with at least the required legal fees. Specifies that the register will refund excess fees only when amounting to over $2 per instrument. (S: Norris; H: Johnson R.) House amendment 2 rewrites the bill to require the register of deeds to adopt a policy regarding the overpayment of fees.
Senate Status: Senate passed 05/19/2004.
House Status: House 05/19/2004 passed with amendment 2. House amendment 2 rewrites the bill to require the register of deeds to adopt a policy regarding the overpayment of fees.
Other Status: Sent to governor 05/19/2004.
|
SB 2712*
HB 3147
(Full Text) |
Adds items to list of writings eligible to be registered. Broadens the list of writings eligible to be registered to include certified copies of death certificates and affidavits of scrivener's error or any affidavits in furtherance of the identification and title of land. (S: Norris; H: Johnson R.) Senate amendment 1 removes certificate of death from list of writings eligible to be registered.
Senate Status: Senate 03/22/2004 passed with amendment.
House Status: House passed 04/05/2004.
Other Status: Enacted as Public Chapter 0497 (effective 04/12/2004).
|
SB 3074*
HB 3029
(Full Text) |
Liability cap for recreational property owners. Sets a liability cap for injuries caused on an owner's property for an act or omission by the owner if the property is used for recreational or educational purposes. (S: Miller J.; H: McCord)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
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.
|
PUBLIC EMPLOYEES
|
SB 0329
HB 0430*
(Full Text) |
Reimbursement to employees for damages. Authorizes the board of claims to present to the claims commission the circumstances of a case surrounding a court award for damages, against an officer or employee and to make a recommendation to the claims commission for reimbursement to affected employee. Provides the claims commission with the jurisdiction to review information provided by the board of claims. Adds that the decision of the claims commission on such actions are final and are not
judicially reviewable. (S: Kyle; H: Tindell)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Finance, Ways & Means.
|
SB 0330
HB 0431*
(Full Text) |
Employees reimbursed for adjudicated costs. Authorizes the board of claims to reimburse officers or employees for adjudicated costs where it is found that the officer or employee was acting in good faith and under official duty. (S: Kyle; H: Tindell)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Finance, Ways & Means.
|
SB 0525
HB 0076*
(Full Text) |
Sets compensation rates for full-time public defenders. Establishes pay rate schedule for full-time assistant district public defender according to number of years of service. (S: Trail; H: Buck) House amendment 2 changes effective date to July 1, 2004. House amendment 1 rewrites the bill to increase the salaries for Assistant Public Defenders. Increases entry level salaries to $38,124. Clarifies that such pay scale mirrors the assistant district attorneys' pay scale.
Senate Status: Senate passed 05/20/2004.
House Status: House 05/12/2004 passed with amendments 1 & 2.
Other Status: Sent to governor 05/20/2004.
|
SB 0847*
HB 1928
(Full Text) |
Travel restrictions on attorneys employed by state. Prohibits reimbursement for expenses incurred for an overnight stay by an attorney employed by the state, if the attorney's office is located within 75 miles of the hearing site, unless granted special permission by the attorney general. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House State Government Subcommittee.
|
SB 1151*
HB 1308
(Full Text) |
Police pay supplement fund. Expands to $1,200 from $600 the maximum amount that can be paid out of the police pay supplement fund per year per person (S: Burchett; H: Sontany)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Local Government Subcommittee deferred until 2004
|
SB 1180*
HB 1738
(Full Text) |
Increases state match on employee contributions. Increases employer match to $50 from $20 regarding state employees' contributions to the 401k plan. (S: Haynes; H: Fitzhugh) Pensions & Insurance amendment 1 subjects the bill to appropriations.
Council on Pensions & Insurance 03/03/2003 approved with amendment.
Senate Status: Senate Finance, Ways & Means deferred to last calendar.
House Status: House State & Local Government 04/15/2003 recommended. Sent to House Finance, Ways & Means.
Other Status: Council on Pensions & Insurance 03/03/2003 approved with amendment.
|
SB 2193*
HB 2356
(Full Text) |
Clarifies law regarding notaries public. Clarifies law regarding eligibility requirements for notaries public. Specifies that notaries public must be Tennessee residents as well as residents of the county in which they are elected. (S: Cohen; H: Johnson R.) House amendment 1 deletes the criminal implications if a notary does not write the expiration date of commission next to the signature. Also deletes the criminal designation of a notary's estate not turning in the stamp after the death
of the notary. Clarification is also made to ensure that electronic notary signatures are still allowable. The provision that the notary has to maintain an office in the county where the stamp was issued is also no longer applicable. Requirements for the color of ink for the stamps prohibits the use of black or yellow ink. The requirement for the use of other ink colors is delayed until the notary's commission expires. House amendment 2 specifies that no criminal or civil liability will attach
if the wrong color ink is used by the notary. Also establishes that the document is still valid even with the improper ink color. House amendment 3 corrects a typographical error.
Senate Status: Senate passed 05/19/2004.
House Status: House 05/06/2004 passed with amendment.
Other Status: Sent to governor 05/19/2004.
|
SB 2340*
HB 3465
(Full Text) |
Increases amount clerk receives. Increases the amount from $1 to $2 that a clerk receives for making and certifying copies of instrument on original books. (S: Cooper J.; H: McMillan)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk.
|
SB 2643*
HB 2817
(Full Text) |
Salary increase for state employees. Provides a 5 percent increase in salary for each state employee. (S: Dixon; H: Turner L.)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Caption bill held on House clerk's desk.
|
SB 2975*
HB 3468
(Full Text) |
Assistant district attorney - salary increase after 1 year. Increases the specified salary for an entry level assistant district attorney general and increases the specified salaries of assistant district attorneys general for every year of experience in the position. (S: Haynes; H: McMillan) House amendment 1 corrects a TCA citation error in this bill's directory language. House amendment 2 changes this bill's effective date from January 1, 2005, to July 1, 2004. Senate Judiciary
amendment 2 provides that the bill applies only to those hired on or after July 1, 1994.
Senate Status: Set for Senate floor 05/20/2004.
House Status: House 05/12/2004 passed with amendments 1 & 2.
|
SB 2976*
HB 3429
(Full Text) |
Increased number of assistant district attorneys general. Increases the number of assistant district attorneys general by one for judicial districts 1, 3, 4, 8, 10, 13, 14, 15, 17, 18, 21, 22, 23, 24, 26, 28 and 31, by two for districts 12 and 25, by three for district 16, by four for district 20, by five for district 11 and 19, and by nine for district 30. (S: Haynes; H: Fowlkes) House amendment 2, Senate Finance amendment 1 rewrites the bill. Creates 30 new DA positions on July 1, 2004.
Requires the executive director of the DA's conference, the administrative director of the courts and the comptroller would be required to recommend district assignments for the new DAs. Directs the 104th General Assembly to enact legislation designating the new DAs to their judicial districts as soon as practicable. Requires the executive director of the DA's conference, the administrative director of the courts, and the comptroller to prepare a new caseload study to predict how many new
assistant DAs will be needed in the future and to submit such report to the speakers and the chairpersons of each house's judiciary committee by July 1, 2005.
Senate Status: Set for Senate floor 05/20/2004.
House Status: House 05/19/2004 passed with amendment 2. House amendment 2 rewrites this bill. Creates 30 new assistant DA positions on July 1, 2004. Requires the executive director of the DA's conference, the administrative director of the courts and the comptroller to prepare a report that recommends to which judicial districts the new assistant DAs should be assigned and to file the report with the Speakers and the chairs of each house's judiciary committee by October 1, 2004. Requires
the 104th General Assembly would be to enact legislation designating the new assistant DAs to their judicial districts as soon as practicable. Requires the executive director of the DA's conference, the administrative director of the courts and the comptroller to prepare a new caseload study to predict how many new assistant DAs will be needed in the future and to submit such report to the speakers and the chairpersons of each house's judiciary comm
|
HB 0352*
(Full Text) |
Payment of benefits upon retiree's death. Deletes section specifying that payment of benefits to retirees shall cease upon their death unless beneficiaries are designated and optional allowances are made by the retiree prior to death. Broad caption, opening Title 8, Chapters 34 through 38. (H: Odom)
House Status: Caption bill held on House clerk's desk.
Other Status: Council on Pensions & Insurance reset to 03/17/2003.
|
PUBLIC FINANCE
|
SB 0852*
HB 1855
(Full Text) |
Reduced funding for the AOC and the attorney general. Requires governor's appropriations bill to propose reduced funding for administrative office of courts and attorney general's office, if additional resources are required to defend the state in certain circumstances. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council recommended against on 02/27/2003.
|
SB 3027*
HB 3165
(Full Text) |
Performance based budgeting and program review act of 2004. Enacts "Performance-Based Budgeting and Program Review Act of 2004," in order to improve accountability in performance of rendering public services. (S: Cooper J.; H: Fitzhugh)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
HJR 0769
(Full Text) |
Constitutional amendment - appropriations. Proposes an amendment to Article II, Section 24, of the Constitution of Tennessee, that would require two-thirds vote to approve increase in appropriations that exceed increase in income. (H: Casada)
House Status: Introduced 1/21/2004
|
HJR 0770
(Full Text) |
Constitutional amendment - Taxpayer bill of rights. Proposes an amendment to Article II, Section 24, of the Constitution of the State of Tennessee, that creates taxpayer bill of rights to impose certain limitations on growth of state tax revenue collections and expenditures. Limits revenue growth to TABOR formula, based on increases in consumer price index and state population as determined by census bureau. Requires refunds to taxpayers within 2 tax years if revenues received exceeded
growth parameters. Limits do not apply in case of emergency declared by 2/3 vote of General Assembly. (H: Casada)
House Status: Introduced 1/21/2004
|
RETAIL TRADE
|
SB 1066*
HB 1244
(Full Text) |
Tennessee Children's Product Safety Act of 2003. Sets standards for children's products relative to public safety. Gives details as to what attributes are dangerous in a crib's design. Other children's products shall be deemed to be unsafe if they do not conform to federal regulations as to standards, if recalled for any reason and the recall is not rescinded, or if a federal agency has issued a warning that has not been rescinded. Directs the department of health to maintain a web page
listing all recalled products and a listing of products for which a warning has been issued. (S: Herron; H: Chumney) Senate General Welfare amendment 1 exempts yard sales by giving definition to occasional sales. Adds 10 days lead-time before the sale. Amendment 2 makes provision for future amendments of federal codes referenced in sections 3 and 4. House Public Health & Family Assistance Subcommittee amendment 1 corrects a typographical error. House Government Operations amendment 1 declares
that the department of health is to provide a state website for the purposes of setting standards for children's products relative to public safety.
Senate Status: Senate General Welfare 04/30/2003 recommended with amendment.
House Status: Taken off notice in House Health and Family Assistance Subcommittee.
|
SB 3121*
HB 3105
(Full Text) |
Auto dealers must disclose all charges. Requires motor vehicle dealer to advertise all prices and fees imposed by dealer. Makes as deceptive act for failure to display such prices. (S: Burchett; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
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TAXES BUSINESS
|
SB 0026*
(Full Text) |
Exemptions from professional privilege tax. Exempts persons who only practice professionally on volunteer basis for 501(c)(3) organization from professional privilege tax. (S: McNally)
Senate Status: Withdrawn in Senate 04/14/03.
|
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 0630*
HB 0790
(Full Text) |
Professional privilege tax for city employees. Permits municipalities to pay professional privilege tax on behalf of their affected employees, subject to two-thirds vote of municipal governing body. (S: Haynes; H: West)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Taken off notice in House Finance, Ways & Means.
|
SB 0725
HB 0772*
(Full Text) |
Exemptions from occupation privilege tax. Exempts speech pathologists from payment of occupation privilege tax. (S: Burchett; H: Buttry)
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 1310*
HB 1809
(Full Text) |
Consolidated filing of returns. Requires consolidated filing of franchise-excise tax returns by affiliated groups in a unitary business filing consolidated federal returns. Does not apply to financial institutions, hospital companies, or insurance companies. (S: Dixon; H: Rinks)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
|
SB 1519*
HB 1875
(Full Text) |
Exemptions from occupational privilege tax. Exempts all attorneys from the occupational privilege tax. (S: Ramsey; H: Bunch)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 1520*
HB 1876
(Full Text) |
Occupational privilege tax imposed on certain attorneys. Specifies that persons employed full-time by state as licensed attorneys are subject to the occupational privilege tax. (S: Ramsey; H: Bunch)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 1629*
HB 1562
(Full Text) |
Taxation of broadband personal communications services. Imposes 8.25% state tax on each retail sale with respect to fees for subscription to, access to or use of broadband personal communications services delivered by a provider of such services. (S: Dixon; H: Jones U.)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
|
SB 1666
HB 1117*
(Full Text) |
Suspension for nonpayment of privilege tax. Provides that persons with more than one professional license who become delinquent professionals under occupation tax may have their licenses suspended for each occupation taxed. (S: Jackson; H: Shepard)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 1743*
HB 1801
(Full Text) |
Deductions from net earnings under Excise Tax Law of 1999. Permits certain real estate depreciation for partnerships to be excluded from net income under Excise Tax Law of 1999. (S: Atchley; H: Rinks)
Senate Status: Senate Finance deferred to 05/13/2003.
House Status: Referred to House Finance, Ways & Means.
|
SB 1888
HB 1743*
(Full Text) |
Consolidated franchise-excise tax returns. Requires consolidated filing of franchise-excise tax returns by affiliated groups in a unitary business filing consolidated federal returns. Does not apply to financial institutions, hospital companies, or insurance companies. (S: Clabough; H: Fitzhugh)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
|
SB 2437*
HB 3024
(Full Text) |
Professional privilege tax exemption for elderly. Exempts persons 70 years of age or older from professional privilege tax. (S: Burchett; H: Hagood)
Senate Status: Senate Finance Tax Subcommittee 03/23/2004 returned to Senate Finance with unfavorable recommendation.
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.
|
SB 2977
HB 2569*
(Full Text) |
Financial institutions soliciting electronically. Expands definition of financial institutions doing business in Tennessee to include those regularly soliciting business from customers in this state via electronic communications to Tennessee customers. (S: Burks; H: Hackworth) House Commerce Utilities & Banking Subcommittee amendment 1 provides an excise tax credit equal to 25% of all research and development expenditures from investments in qualified research expenses for research
conducted in Tennessee.
Senate Status: Senate Finance Tax Subcommittee deferred to 03/23/2004.
House Status: House Budget Subcommittee 05/05/2004 referred bill to Business Tax Study Committee.
|
SB 2985*
HB 3200
(Full Text) |
Franchise, excise tax changes. Enacts numerous changes to franchise and excise taxes. Provides for single-weighted sales factor in apportionment formula. Enacts throwback rule including sales to the federal government or sales shipped to states in which the taxpayer does not pay taxes. Repeals special apportionment rules for financial institutions with multistate earnings and not filing combined returns. Enacts new apportionment rules for financial institutions. Earmarks new revenues from
throwback provisions for home and community based services for persons with certain disabilities. (S: Burks; H: Winningham)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Health and Family Assistance 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.
|
HB 1870*
(Full Text) |
Occupational privilege tax repeal. Repeals occupation privilege tax. Broadly captioned. (H: Bunch)
House Status: Caption bill held on House clerk's desk.
|
TAXES GENERAL
|
SB 1013*
HB 1858
(Full Text) |
Tax Relief and Reform Act of 2003. Enacts "Tax Relief and Reform Act of 2003." Exempts food from sales tax, except for candy, prepared food, and dietary supplements. Lowers state sales tax rate to 5% except for tobacco, beer, wine, and alcoholic beverages, which are lowered to 6%. Enacts graduated income tax of 3.5% to 6.5%, with $15,000 personal exemption. Broadly captioned. (S: Dixon; H: Kernell)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 1046*
HB 1312
(Full Text) |
Exemptions - Tennessee inheritance tax. Increases exemptions in the Tennessee inheritance tax to match increases in exemptions from federal inheritance taxes, with maximum exemption reaching $3.5 million in 2009. Provides for tax rates for Class B beneficiaries of decedents dying in 2004 or thereafter. (S: Fowler; H: Fowlkes)
Senate Status: Senate Finance Tax Subcommittee 04/21/2003 returned to Senate Finance without recommendation.
House Status: Referred to House Finance, Ways & Means.
|
SB 2105*
HB 2233
(Full Text) |
Tax exemptions for college savings plans. Exempts 529 college savings plans from state and local taxes and from the processes of execution, attachment, garnishment, the operation of bankruptcy and the insolvency laws. (S: Miller J.; H: Tindell)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Higher Education Subcommittee.
|
SB 2137
HB 2169*
(Full Text) |
Military personnel tax deadline extended. Extends 90-day extension of deadline for payment of property taxes, professional privilege taxes, and Hall income tax for military personnel on active duty to 180 days. (S: Kurita; H: Turner M.) House amendment 1 requires county trustee to give notice of approved applications to city collecting officials and to the clerk and master of the chancery court.
Senate Status: Senate 05/20/2004 concurred with House amendment 1.
House Status: House 05/19/2004 passed with amendment 1. House amendment 1 requires county trustee to give notice of approved applications to city collecting officials and to the clerk and master of the chancery court.
Other Status: Sent to governor 05/20/2004.
|
SB 3194*
HB 3322
(Full Text) |
Middle-Class Hall Income Tax Relief Act of 2004. Provides for a mutual fund distribution treated as a dividend for purposes of the federal personal income tax to be considered a dividend subject to the Hall income tax. Excludes from Hall income tax any mutual fund distribution treated as a capital gain for purposes of the federal personal income tax. (S: Cohen; H: Marrero)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
SB 3195*
HB 3321
(Full Text) |
Middle-Class Hall Income Tax Relief Act of 2004. Increases from $1,250 to $3,750 for an individual and from $2,500 to $7,500 for a couple the amount of money that may be derived by way of dividends from stock or by way of interest on bonds before being subject to the income tax. Exempts from income tax persons 65 years of age or older with a total annual income of $17,500 or less or with a total joint annual income of $27,000 or less. (S: Cohen; H: Marrero)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
HB 0290*
(Full Text) |
Constitutional convention for a taxpayer bill of rights. Calls for a constitutional referendum to consider a limited constitutional convention on Article II, Sections 24 and 28, of the Tennessee Constitution, regarding the establishment of a Tennessee taxpayer bill of rights, (TN TABOR). TN TABOR requires advance voter approval of any growth in state revenue collections or expenditures that exceed the rate of household consumer price inflation plus the net percentage of population growth.
(H: Stanley)
House Status: Referred to House Finance, Ways & Means.
|
HJR 0782
(Full Text) |
Constitutional amendment - prohibition on income tax. Proposes an amendment to Article II, Section 28, to specifically prohibit all personal income taxes other than the Hall income tax. (H: Casada)
House Status: Taken off notice in House Finance Budget Subcommittee.
|
TAXES PROPERTY
|
SB 0257*
HB 1041
(Full Text) |
Taxation of leased personal property. Changes assessment and taxation of leased personal property from lessees to lessors. Also specifies that regardless of any contract between the lessor and lessee as to who shall pay the taxes, it is the duty of the lessor or owner of the leased property to report to the assessor any leased property. (S: Cooper J.; H: Rinks)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
|
SB 1339*
HB 3149
(Full Text) |
Tax overpayment disputes. Provides that when taxpayer posts bond in tax overpayment dispute, no other documents are required from taxpayer or taxpayer's agent. (S: Person; H: Miller L.)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Taken off notice in House State & Local Government.
|
SB 1527*
HB 1469
(Full Text) |
Filing of tangible personal property schedules. Authorizes assessor to extend March 1 deadline for filing tangible personal property schedule on taxpayer's written request before March 1; date may be extended only to April 15. Provides that late-filed schedule may be accepted by assessor for use in forced assessment or by board of equalization for appeal. Removes criminal penalty for failure to file schedule. Changes time of notice of forced assessment from five to 10 days before county
board of equalization commences session. (S: Henry; H: Head) House, Senate Finance Ways & Means amendment 1 specifies that the deadline for filing tangible personal property schedules may not be extended in any county having more than 30,000 personal property parcels or accounts and having an earlier due date for city than for county taxes. The amendment changes the time within which notice of a forced assessment must be sent from at least 10 days before commencement of the annual session of the
county board of equalization to at least 10 days before adjournment of the annual session of such county board. Senate Finance Ways & Means Committee amendment 2 distinguishes late-filers and non-filers. Senate Finance Ways & Means Committee amendment 3 postpones notice of reply for forced assessment to 30 days.
Senate Status: Senate Finance, Ways & Means deferred to 2004.
House Status: House 05/07/2003 passed with amendment.
|
SB 1702
HB 0983*
(Full Text) |
Date penalties imposed for delinquent taxes. Changes language for newspaper notices to delinquent taxpayers to specify that additional penalties and costs are imposed after February 28, rather than February 1. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
|
SB 2145*
HB 2360
(Full Text) |
Taxpayers appeal personal property assessments. Permits taxpayers to appeal to the state board of equalization within sixty days from adjusted or forced property assessments made by assessors. (S: Ford J.; H: Jones U.) Senate Finance Tax Subcommittee amendment 1 provides for only forced assessments. House State & Local Government amendment 1 rewrites the bill to provide for only forced assessments. Authorizes assessor to agree with, reject or adjust a schedule filed more than 45 days
after the billing date. Provides for a penalty of 1/2 percent per month to be added for such late filing.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Taken off notice in House Local Government Subcommittee.
|
SB 2146*
HB 2359
(Full Text) |
Direct appeal to state board of equalization - industrial. Gives taxpayers and owners of industrial and commercial property the option to appeal the local board of equalization's valuation of property directly to the state board of equalization and, thus, bypass the local board. (S: Ford J.; H: Jones U.) House State & Local Government Committee amendment 1 requires written concurrence from the assessor of property prior to direct appeal to the state board. Sets conditions for obtaining
written concurrence. Clarifies that the county board of equalization must accept written appearance.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Failed in House State & Local Government 04/27/2004.
|
SB 2147*
HB 2358
(Full Text) |
Direct appeal to state board of equalization. Enables a person who buys or leases property after the assessment date of the tax year to appeal the valuation of property for that tax year directly to the state board of equalization. Restricts the period of time in which appeals of this kind may be filed to 90 days from the date of acquisition or lease of property. Applies only if no appeal is pending before local board of equalization. Includes current year's tax liability and past tax
years for which taxes remain unpaid. (S: Ford J.; H: Jones U.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee.
|
HB 0521*
(Full Text) |
Taxation of leased personal property. Changes assessment and taxation of leased personal property from lessees to lessors. Clarifies that regardless of any contract between the lessor and lessee as to who shall pay the taxes, it is the duty of the lessor of the leased property to report to the assessor any leased property. (H: Harwell)
House Status: Withdrawn in House 02/19/2004.
|
SJR 0044
(Full Text) |
Constitutional amendment - homestead exemption for elderly. Proposes an amendment to Article XI, Section 11, of the Constitution of the State of Tennessee, to authorize a separate, enhanced homestead exemption for elderly homeowners. (S: Norris)
Senate Status: Introduced 2/5/2003
|
SJR 0045
(Full Text) |
Constitutional amendment - property tax relief for elderly. Proposes an amendment to Article II, Section 28, of the Constitution of the State of Tennessee, to authorize property tax relief for elderly homeowners and disabled homeowners. (S: Norris)
Senate Status: Introduced 2/5/2003
|
SJR 0071
(Full Text) |
Constitutional amendment - property tax relief for elderly. Proposes an amendment to Article II, Section 28, of the Constitution of the State of Tennessee, to authorize property tax relief for senior citizens. (S: Norris) Senate amendment 1 authorizes the county legislative body to freeze property taxes for taxpayers over 65 and states that taxes will be increased if the full market value of property is increased. Senate amendment 2 states that the resolution will have no effect unless
appropriation for the estimated cost of the resolution is made in the session in which it receives final passage. Senate amendment 3 changes specific date references to "at the time when the ordinance or resolution is adopted". Senate amendment 4 includes "wealth" as a basis to exclude taxpayers from tax relief.
Senate Status: Senate 04/29/2004 adopted.
House Status: House 05/19/2004 concurred.
Other Status: Sent to governor 05/19/2004.
|
TAXES SALES
|
SB 0557*
HB 0822
(Full Text) |
Allocate taxes on bundled telecommunication transactions. Instructs that within a bundled transaction that includes telecommunications, those services that are taxable and nontaxable, subject to different rates, or dedicated to different funds shall be taxed according to the higher rate unless the provider can reasonably identify the different portions in the regular course of business. Provides effective date on or after January 1, 2004. (S: Clabough; H: Head)
Senate Status: Senate Finance Tax Subcommittee deferred to next meeting.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
|
SB 0758*
HB 2058
(Full Text) |
Reduced sales tax on food. Incrementally reduces state sales tax on food or food ingredients over next five years. Exempts food or food ingredients from state sales tax beginning with 2008-2009 fiscal year. Broadly captioned. (S: Dixon; H: Miller L.)
Senate Status: Withdrawn in Senate 03/04/2003.
House Status: Taken off notice in House Finance Budget Subcommittee.
|
TAXES UNEMPLOYMENT
|
SB 1634
HB 0033*
(Full Text) |
Unemployment benefits for victims of domestic violence. Permits victims of domestic violence to receive unemployment benefits, if they are discharged from employment or leave work due to their circumstances of abuse. Requires proper documentation of domestic abuse in the form of restraining order, police record, conviction of abuser, medical documentation of the abuse, or documentation or certification provided by a social worker, clergy member, shelter worker or other qualified
professional. (S: Harper; H: Turner M.) House Employee Affairs Subcommittee amendment 1 rewrites the bill. Provides for no disqualification of unemployment benefits for victims of domestic violence who were forced to leave most recent work due to circumstances of abuse. Requires claimant to submit competent proof sufficient to support evidence of a domestic violence offense, in the form of restraining order, police record, conviction of abuser, medical documentation of the abuse, or
documentation or certification provided by a social worker, clergy member, shelter worker or other qualified professional. Specifies that act shall take effect for claims filed on or after July 6, 2003.
Senate Status: Taken off notice in Senate Commerce.
House Status: Taken off notice in House Employee Affairs Subcommittee.
|
SB 2329*
HB 3093
(Full Text) |
Exemptions from TN unemployment security law. Specifies that entity maintaining a personnel registry or job referral service is not the employer of individuals utilizing the service to find a job, for unemployment compensation purposes, so long as the individuals are not considered employees of the entity for purposes of federal income taxation, FICA, or the federal unemployment tax act. (S: Cooper J.; H: Rinks) Senate amendment 1 corrects a typographical error. House amendment 2 rewrites
the bill. Adds "service performed for companion sitting placement services that meets the requirements of 26 USCA S 3506" to the list of excluded services.
Senate Status: Held on Senate clerk's desk.
House Status: House 05/12/2004 non-concurred in Senate amendment 1.
Other Status: Sent to governor 05/12/2004.
|
TENNCARE
|
SB 0302*
HB 0793
(Full Text) |
Managed care organization requirements. Prohibits the bureau of TennCare from requiring a TennCare managed care organization to contract with any specific credentialing verification organization if the organization holds a valid Tennessee commercial health maintenance insurance license. (S: Ford J.; H: Jones U.)
TennCare Oversight Committee comment: An HMO can apply to operate a commercial line of business in addition to its TennCare line of business, as part of the licensing process.
The general assembly may wish to amend the bill to indicate that the Bureau of TennCare is prohibited from requiring a TennCare MCO to contract with any specific credentialing verification organization if the MCO's license is for both a commercial line and TennCare.
Senate Status: Senate passed 04/21/2003.
House Status: Caption bill held on House clerk's desk.
Other Status: TennCare Oversight Committee 04/07/2003 adopted the comment.
|
SB 2164*
HB 2693
(Full Text) |
TennCare Assist Implementation Act. Implements TennCare assist by allowing participating employers to offer certain minimum wage employees TennCare health insurance in exchange for paying part of the cost of the insurance and offering optional health benefits to other workers. (S: Dixon; H: Armstrong)
TennCare Oversight Committee comment: The bill would implement a version of TennCare Assist, which was authorized under the latest TennCare waiver from the federal government. However,
this would require additional appropriations from the General Assembly. Also, the Governor is currently in the process of revising the TennCare program to save cost, pending the recommendations of McKinsey and Company consultants.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/04/2004.
House Status: Referred to House Government Operations.
Other Status: TennCare Oversight Committee 03/22/2004 adopted the comment.
|
SB 2267
HB 2310*
(Full Text) |
TennCare prompt payment requirements. Revises TennCare prompt payment requirements. Reinstates pre-2002 process for claim denial and reconsideration prior to submission to an independent reviewer. Removes ability to submit notices to providers electronically. Removes ability to submit aggregate claims to an independent reviewer. Deletes requirement concerning maximum time for reimbursing provider. (S: Crutchfield; H: Head)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.
|
SB 3048*
HB 2967
(Full Text) |
Any willing provider status for hospitals under TennCare. Prohibits Blue Cross Blue Shield from being eligible to participate in state employees group insurance program unless it permits such hospitals to be contracted providers and be included in any provider network for the state employees' group insurance program. (S: Jackson; H: Fitzhugh) House Commerce Industrial Impact Subcommittee amendment 1 prevents health insurance companies that administer the state employee health insurance
program from negotiating an exclusive contract unless the following procedures are met: an exclusive agreement must first be offered to the hospital in a service area with the highest percentage of TennCare admissions to total admissions; the exclusive provider agreement offered to successive hospitals must be identical to the terms offered and rejected by the hospital with the greater percentage of TennCare admissions; each hospital must be given the same number of days to accept or reject the
contract.
TennCare Oversight Committee comment: The bill could significantly impact the cost of both the TennCare program and the state employees' group insurance program by eliminating competition between hospitals to provide these services.
Senate Status: Taken off notice in Senate Commerce.
House Status: Taken off notice in House Commerce.
Other Status: TennCare Oversight Committee 03/22/2004 adopted the comment.
|
SB 3140
HB 3095*
(Full Text) |
TennCare maximum allowable drug cost list. Requires TennCare to make the maximum allowable drug cost list available to all pharmacy providers that provide benefits to TennCare recipients. Also requires notice to be given within 30 days to the pharmacy providers as to any change in the maximum allowable drug costs. Before the maximum allowable cost price can be reduced on any generic drug, TennCare must find two sources where the drug can be purchased at or below the designated price.
TennCare will also establish a mechanism for the pharmacy providers to appeal any maximum allowable cost prices. (S: Dixon; H: Shepard)
Senate Status: Taken off notice in Senate General Welfare.
House Status: House Health & Family Assistance Subcommittee deferred to 03/24/2004.
Other Status: Taken off notice in TennCare Oversight Committee.
|
TORT LIABILITY
|
SB 0018*
HB 0477
(Full Text) |
Leaders, members of churches exempted from tort liability. Extends tort immunity to the leaders and members of certain religious groups and organizations. However, in cases of personal injury or damage to property caused by the willful, wanton or gross negligence of any such officer, director or leader, then such immunity from tort liability shall not be extended. (S: McNally; H: Winningham)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0020*
(Full Text) |
Acts of terrorism as civil cause of action. Creates civil cause of action against any person or organization that provides material support or resources to person or organization that commits act of terrorism. Provides for compensatory and punitive damages, treble damages, attorney fees and costs of action. (S: McNally) Senate Judiciary amendment 1 corrects a typo, which changes part 7 to part 8. Senate Judiciary amendment 2 changes the language from "should have known" to "have to know"
in determining the standard of proof.
Senate Status: Taken off notice in Senate Judiciary.
|
SB 0294*
HB 0586
(Full Text) |
Medical malpractice statue of limitation for minor. Establishes statute of limitations within three years of wrongful act for medical malpractice actions except from a minor under the age of six years, which shall commence within three years of minor's eighth birthday. Provides tolling of time limitation if fraud or collusion in bringing action. (S: Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
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 0601*
HB 1454
(Full Text) |
Clears faculty from liability of intern omissions. Clears from liability any medical or health science faculty member, teaching practice, or teaching institution arising from any act or omission of any intern, resident, or fellow in training in a medical school. Holds liable any medical member for own acts or omissions. Defines intern, resident, fellow, medical member, teaching practice, and teaching institution. (S: Kyle; H: Overbey) Senate amendment 1 deletes the inclusion of health
science schools and faculty members. Changes the effective date to July 1, 2004. House amendment 1 rewrites the bill. Specifies that a teaching institution would not be held vicariously liable for any act or omission of an intern, resident or fellow in the course of a training program under a legal theory of implied or apparent agency, ostensible agency or any other theory of vicarious liability. Allows such institutions to be held vicariously liable under the doctrine of respondeat superior.
Removes ambulatory surgical centers and rehabilitation hospitals from the definition of teaching institution. House amendment 2 replaces the term "respondeat superior" with "actual agency."
Senate Status: Set for Senate message calendar 05/20/2004.
House Status: House 05/19/2004 passed with amendment 2 after moving to reconsider their actions. House amendment 2 replaces the term "respondeat superior" with "actual agency."
|
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.
|
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.
|
SB 1042
HB 1004*
(Full Text) |
Settlement of tort claim involving minor. Allows judge or chancellor judge to approve tort claim settlement involving minor by relying on affidavit from legal guardian. (S: Fowler; H: Clem) House amendment 1 establishes that structured settlements do not apply. Sets the settlement amount to minors limit at $10,000. Changes effective date to July 1, 2004. House amendment 2 clarifies that the trial judge has the discretion to decide whether the settlement is to be paid to the guardian.
Senate Status: Senate passed 05/06/2004.
House Status: House 05/03/2004 passed with amendment.
Other Status: Signed by governor 05/18/2004.
|
SB 1122*
HB 1572
(Full Text) |
Compensation for bodily injury or death. Authorizes claims commission to make payments greater than liability limits as compensation for bodily injury or death based upon the state's negligent care of someone under its custody. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1196*
HB 1436
(Full Text) |
Medical malpractice actions by minors. Requires the statute of limitations for medical malpractice actions by minors to be brought within four years of date of wrongful act. Requires action for minors under age of six to be brought within four years or prior to minor's eighth birthday. Allows time to be tolled if fraud was committed in failure to bring action for professional negligence. (S: Ketron; H: Overbey)
Senate Status: Referred to Senate Judiciary Tort Reform Subcommittee.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1320*
HB 1762
(Full Text) |
State's sovereign immunity. Permits the state to waive its sovereign immunity for limited purpose of allowing state employees to bring action for rights granted under federal law. (S: Herron; H: Maddox)
Senate Status: Withdrawn in Senate 03/13/2003.
House Status: Withdrawn in House 03/17/2003.
|
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.
|
SB 1498
HB 1085*
(Full Text) |
Tort liability limited for certain charities. Limits tort liability for 501(c)(3) corporation and its employees when the tortious conduct is committed in furtherance of the charitable purposes of the corporation. Specifies that in such instances the tort liability limit would not exceed $25,000. Limits application to 501(c)(3) corporations that have existed as charities for 20 years or more. (S: Ford J.; H: DeBerry L.)
Senate Status: Senate Judiciary Tort Reform Subcommittee deferred to 03/20/2003.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1724
HB 1392*
(Full Text) |
Tort claim involving minor. Allows a judge or chancellor to approve any tort claim settlement involving a minor by relying on affidavits from the legal guardian. (S: Crutchfield; H: Turner B.)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 1897
HB 0005*
(Full Text) |
Safety belt usage admissibility in civil actions. Deletes requirements concerning admissibility of safety belt usage in civil action. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1904
HB 1948*
(Full Text) |
Reporting of medical malpractice by certain persons. Requires that any person, including, but not limited to, a physician, nurse, pharmacist, psychiatrist, psychologist, coroner, medical examiner, or other health care professional that has reasonable cause to suspect that a patient, client or other person has suffered serious harm, serious bodily injury, or death as a result of medical malpractice, shall file a confidential report to the board of medical examiners. Adds that certain
information needs to be addressed in said report that might be helpful in establishing that the harm or injury was caused by medical malpractice. Declares that it is a Class C misdemeanor to knowingly fail to report the harm, injury, or death suspected to be caused by medical malpractice. (S: Kyle; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 2088
HB 2145*
(Full Text) |
Liability exemption in educational or recreational land use. Exempts landowners from tort liability if their land is used for educational or recreational purposes and if the land owner does not charge an access fee that exceeds an amount defined by their property taxes. Qualifying landowners are not required to post warnings about hazardous conditions. (S: Cooper J.; H: Davidson) House Judiciary amendment 1 makes the bill. Adds the word "lawful" before activity in regards to educational
and recreational land use. Expands the definition of the word "land" to mean privately owned agricultural, forest or undeveloped real property and water used for recreational or educational purposes. Establishes that activities similar to mowing the grass do not qualify as consideration for purposes of this Act. Sets access payment exemption amounts to be 10 times the property tax on 100 acres being used for recreational or educational purposes. Makes clear that the immunity does not apply to
gross negligence or intentional acts. Clarifies that waivers of liability remain valid.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Held on House clerk's desk.
|
SB 2589*
HB 2636
(Full Text) |
Drug Dealer Liability Act. Enacts the "Drug Dealer Liability Act." The purpose of this act is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. Under this act, damages may be awarded from those in the community who have joined the illegal drug market. (S: Miller J.; H: Newton) Senate amendment 3 deletes the entire content of the bill and inserts language appointing a study committee on this subject.
Senate Status: Senate 05/19/2004 passed with amendment 3. Senate amendment 3 deletes the content of the bill and inserts language appointing a study committee on this subject.
House Status: House 05/20/2004 non-concurred in Senate amendment 3.
Other Status: Joint Ad Hoc Committee on Methamphetamine Related Offenses released without recommendation.
|
SB 2602*
HB 2889
(Full Text) |
Further restrictions on claims under False Claims Act. Prohibits a claim under the False Claims Act if action was based on employment decisions made by the elected official, governing body or political subdivision or municipality or if the state or political subdivision that is the subject of the claim has taken action to recover the wrongfully paid funds. (S: Person; H: Brooks, Harry) House amendment 1 adds "or other elected official" to the existing language of the investigation and
prosecution section of the false claims statute regarding the exceptions for employment decisions.
Senate Status: Senate passed 05/13/2004.
House Status: House 04/19/2004 passed with amendment.
Other Status: Sent to governor 05/13/2004.
|
SB 2685*
HB 2974
(Full Text) |
Exceptions to Governmental Tort Liability Act. Adds assault, battery and any other intentional tort committed by a government employee to list of suits from which governmental entities are immune under the Governmental Tort Liability Act. (S: Norris; H: DeBerry J.)
Senate Status: Senate Judiciary deferred to 04/13/2004.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 2771
HB 2699*
(Full Text) |
Facilities contracting with state - limits damages. Limits damages for tort actions in facilities contracting with division of mental retardation services to $300,000 per claimant and $1,000,000 per occurrence. Also limits damages for tort actions in child care agencies and community mental health centers contracting with department of children's services. (S: Graves; H: Maddox) House amendment 1 excludes subcontractors.
Senate Status: Senate Judiciary set 05/13/2004. Senate Judiciary deferred to the next meeting at the call of the chair.
House Status: Held on House clerk's desk.
|
SB 2799
HB 2751*
(Full Text) |
Equine activities. Expands definitions of "engages in an equine activity" and "equine activity" for purpose of limiting liability. Requires equine professionals and equine activity sponsors to post and maintain signs which contain a warning that states that under Tennessee law, an equine professional or equine activity sponsor is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. (S: Burchett; H:
McDonald)
Senate Status: Taken off notice in Senate Judiciary.
House Status: House passed 04/01/2004.
|
SB 2925*
HB 2833
(Full Text) |
Change in medical malpractice burden of proof. Revises burden of proof for a claimant in a malpractice action by changing which type of geographic area for which a medical expert may be selected. The geographic area for expert selection is changed from a similar community to a contiguous bordering state. (S: Crutchfield; H: Head)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 3031
HB 2612*
(Full Text) |
Civil immunity for donations made in good faith. Provides civil immunity to anyone donating fire control or rescue equipment to a volunteer fire department for any damage caused by a defect in the equipment. Specifies that the donor must act in good faith, the defect cannot result from an act of negligence or intentional misconduct on the part of the donor, the donor was not the manufacturer of the equipment, and the donor did not alter the equipment after it has met manufacturer's
specifications. (S: Ketron; H: DuBois)
Senate Status: Senate passed 05/19/2004.
House Status: House passed 04/26/2004.
Other Status: Sent to governor 05/19/2004.
|
SB 3247
HB 3247*
(Full Text) |
Personal liability for negligence if part of nonprofit. Clarifies that directors, trustees or members of nonprofit organizations may be held personally liable for willful, wanton, or gross negligence that includes mishandling of corporation funds. Provides for a fine not to exceed $1,000 for each instance of fund mishandling. (S: Graves; H: McDonald)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 03/23/2004.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
HB 0853*
(Full Text) |
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.
|
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.
|
TRANSPORTATION GENERAL
|
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.
|
TRANSPORTATION VEHICLES
|
SB 0150
HB 0165*
(Full Text) |
"Lemon Law" revised. Removes requirement that a motor vehicle must be subject to the registration and certificate of title provisions relative to automobile warranties. Extends express warranty time period of protection to four years from delivery of vehicle, rather than one year from delivery. Changes to three from four the number of times a manufacturer, dealer or agent may attempt to repair the same problem. Changes from 30 days to 15 days that the vehicle is kept out of service by
reason of repair, relative to manufacturer's attempts to repair a vehicle. Lengthens statute of limitations to one year from six months, relative to commencing action against manufacturer. (S: Dixon; H: Turner L.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee.
|
SB 0360*
HB 0535
(Full Text) |
Mandatory minimum time of imprisonment for DUI. Increases mandatory minimum time of imprisonment for first offense DUI from 48 to 72 hours. Increases time for second offense from 45 to 120 days and for third offense from 120 days to 11 months, 29 days. Also increases time for fourth or subsequent offense from 150 days to 300 days. (S: Williams Mike R.; H: Patton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
|
SB 0570*
HB 0963
(Full Text) |
Motor vehicle redefined. Classifies definition of motor vehicle as a Class B passenger motor vehicle instead of a Class C vehicle. (S: Williams Mike R.; H: Pleasant)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee.
|
SB 0730*
HB 1320
(Full Text) |
Traffic offense quotas. Prohibits judges or peace officers from being promoted, compensated or disciplined according to the number of traffic citations issued or collected on. (S: Burchett; H: Brooks, Harry)
Tennessee Judicial Council approved 02/27/2003; released to standing committees.
Senate Status: Failed in Senate Judiciary 04/01/2003.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council approved 02/27/2003; released to standing committees.
|
SB 0822
HB 0605*
(Full Text) |
Officer conducts blood alcohol test with or without consent. Directs law enforcement officer to conduct test to determine blood alcohol content of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide. Allows such findings to be admissible in evidence by either the state or the driver. (S: Ford J.; H: DeBerry J.)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: House Judiciary 02/11/2004 referred to the Joint Ad Hoc Committee on Citizen Responsibilities.
|
SB 0875*
HB 1568
(Full Text) |
TN Off-Highway Motor Vehicle Act. Requires owners of off-highway motor vehicles (OHVs) to annually register with the executive director of the TWRA. Imposes a $45.00 registration and renewal fee on OHVs. Requires TN wildlife resources commission to establish safety requirements for riders on publicly owned or leased lands. Also requires riders 18 years of age to wear a helmet. (S: Ramsey; H: McCord) Senate amendment 2 removes the off-highway motor vehicle registration and permit
requirements of this bill. Authorizes an off-highway vehicle program, development of a voluntary off-highway vehicle education program, and development of guidelines on land selection, trail design and maintenance. Specifies that such program shall be self-funded by funds from TWRA and that future federal funds shall be credited to the program. Senate amendment 4 specifies that a violation of any provision of this bill would be a Class C misdemeanor, rather than a Class B misdemeanor. Specifies
that a parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this bill would commit a Class C misdemeanor, rather than a Class B misdemeanor. Removes the $250 mandatory fine for a second or subsequent violation of this bill. House amendment 1 rewrites the bill to delete requirement for owner of any off-highway motor vehicle to annually register the vehicle with director and the director's need to establish a registration program. Removes director's
creation of voluntary education program for dealers and owners. Creates rider fees for on-roadway activities on publicly owned or controlled lands allowing off-road vehicles. Makes provision for self-funded management of program. Creates Class B misdemeanor violation and sets out certain provisions for such. House amendment 2 deletes section 7 of House amendment 1. Deletes the creation of rider fees for on-roadway activities on publicly owned or controlled lands allowing off-road vehicles. House
amendment 3 clarifies that OHV use shall be expressly prohibited in TWRA wildlife management areas, unless specifically allowed by rule and regulation.
Senate Status: Senate 04/26/2004 concurred.
House Status: House 04/19/2004 passed with amendment.
Other Status: Enacted as Public Chapter 0622 (effective 05/10/2004).
|
SB 0961*
HB 1000
(Full Text) |
Seat belt usage as evidence. Authorizes seat belt use to be admissible into evidence in a civil action. (S: Crowe; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1188*
HB 1790
(Full Text) |
INS document number required for driver license. Requires driver's license applicant to provide immigration and naturalization service documentation. (S: Ketron; H: Rowland) House Transportation Committee amendment 1 adds school records to be provided as a requirement for driver's license applicants under the age of 18. Changes the name from INS to Bureau of Immigration Services in the language. Requires annual renewal once license is obtained. Specifies that those who received license
after May 2001 be required to bring proper identification upon renewal. Senate Transportation amendment 1 increases the drivers license fee from $19.50 to $19.70.
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: House Budget Subcommittee deferred to June.
|
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.
|
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.
|
SB 2762
HB 2701*
(Full Text) |
Davidson County - community service for DUI offenses. Deletes provisions that allows judge in Davidson County to give persons convicted of DUI the option of 200 hours of community service in lieu of 48 hours in jail. (S: Kilby; H: Ferguson)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Constitutional Protections Subcommittee 02/10/2004 referred to the Joint Ad Hoc Committee on Alcohol and Citizen Responsibilities.
Other Status: Taken off notice in Joint Ad Hoc Committee on Alcohol & Responsibilities.
|
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.
|
SB 3430*
HB 3486
(Full Text) |
Issuance of driver license - legal residents/non-citizens. Provides for a one-year "Certificate of Driving" to be issued to an individual who cannot establish legal status in the US. Declares any person who is not a US citizen or otherwise legally present in the US ineligible for a driver license. Clarifies that department of safety may issue a driver license to a person who is not a U.S. citizen but is legally present in the US for the amount of time the applicant is authorized to stay
in the US. (S: Cooper J.; H: McMillan) Senate amendment 1 rewrites bill to restrict issuance of driver license to US citizens and lawful permanent residents. Establishes a certificate of driving issued by the department of safety for persons who have temporary legal documents from the US government. Specifies that this certificate will expire when such person's legal documents expire. Also specifies that these certificates are for driving purposes only and are not to be used as a valid form of
identification. Senate amendment 2 requires persons issued a driver license after January 1, 2001 to apply for renewal of such license in person and show proof of citizenship or lawful residency. Specifies that those persons who cannot show such documentation will be issued a certificate of driving that will be valid for one year.
Senate Status: Senate 05/10/2004 passed with amendments 1 and 2.
House Status: House passed 05/12/2004.
Other Status: Sent to governor 05/12/2004.
|
UTILITIES
|
SB 0524*
HB 0825
(Full Text) |
Broadband Parity Act of 2003. Defines broadband service as any service with certain capabilities that is used to provide access to the Internet. Declares that competition in broadband service is an effective regulator of the price and promotes faster deployment of services. Declares that broadband service is not a telecommunications service. Prohibits any agency of the state from imposing any requirement upon a broadband service provider unless requirement is imposed equally and uniformly
upon all providers of such service. (S: Trail; H: Head)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
|
SB 1103*
HB 1592
(Full Text) |
Pre-paid wireless telephone service. Requires all providers and retailers of pre-paid wireless telephone service to remit funds to the board of directors of the emergency communications district for the emergency telephone service charge. Requires such funds to be deposited in the state's 911 emergency communications fund. Specifies that the fee is to be assessed once at the point of sale and then monthly for each consumer able to gain access to the wireless network dedicated to cellular
telecommunications. (S: Jackson; H: West)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Local Government Subcommittee.
|
SB 2370
HB 2400*
(Full Text) |
Telephone solicitations. Exempts licensed real estate brokers, affiliate brokers or time-share sales people from telephone solicitation restrictions and "Do Not Call Register" requirements. (S: Crutchfield; H: Hargrove) House Commerce amendment 1 limits the exemption to real estate brokers who are licensed by the Tennessee Real Estate Broker License Act and are soliciting within the scope of their licenses.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Finance, Ways & Means 04/20/2004 recommended with amendment. Sent to House Calendar & Rules.
|
SB 2384
HB 2165*
(Full Text) |
Do Not Call Registry to include TN part of federal list. Adds federal law cites to statute requiring Tennessee regulatory authority to include part of National Do Not Call Registry database that relates to Tennessee in state's Do Not Call Register database. (S: Haynes; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
|
SB 2385
HB 2517*
(Full Text) |
Do Not Call list exemptions. Allows exemption from Do Not Call list to include those communications made on behalf of non-profit organizations. (S: Haynes; H: Turner M.) Senate amendment 1 applies exemption to bona fide members, volunteers, employees or authorized representatives of a non-profit organization that is composed of full time city or state employees and is exempt from taxes under the 501(c) provision. House amendment 4 rewrites the bill. Applies exemption to bona fide members,
volunteers, employees or authorized representatives of a non-profit organization that is composed of full time city or state employees and is exempt from taxes under the 501(c) provision. Specifies that any person acting on behalf of such organization comply with registration requirements regarding access to Do Not Call Register.
Senate Status: Failed in Senate Finance, Ways & Means 05/11/2004.
House Status: House 04/21/2004 passed with amendment.
|
WORKERS COMPENSATION
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SB 0563
HB 0527*
(Full Text) |
Extra-territorial application of workers' compensation law. Adds as basis for authorizing extra-territorial application of Tennessee workers' compensation law that there existed substantial connection between this state and particular employer and employee relationship. (S: Trail; H: Windle) Senate amendment 1 adds requirement that injured worker have been Tennessee resident at time of injury.
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council
03/21/2003 released without a recommendation.
Senate Status: Senate 04/24/2003 passed with amendment.
House Status: House passed 05/03/2004.
Other Status: Enacted as Public Chapter 0648 (effective 06/23/2004).
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SB 0666*
HB 1380
(Full Text) |
Membership of workers' compensation advisory council. Revises composition of nonvoting members on Workers' Compensation Advisory Council to add one health care provider and remove one attorney from nonvoting membership. Requires governor to appoint new health care provider member from list of three names submitted by Tennessee Hospital Association. Requires Tennessee Bar Association and Tennessee Defense Lawyers Association to alternate recommendations for one of two remaining attorney
members. Contains broad caption. (S: Cooper J.; H: Briley)
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 03/21/2003 recommended.
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SB 0744*
HB 1416
(Full Text) |
Medical fee schedule to be developed. Directs Department of Labor and Workforce Development to promulgate rules to develop medical fee schedule for use in workers' compensation cases. (S: Crutchfield; H: Turner M.)
Senate Status: Recalled from desk in Senate 04/21/2003 and returned to the House.
House Status: Returned by the Senate 04/21/2003.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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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 0995*
HB 1299
(Full Text) |
Attorney's fees in workers' compensation cases. In addition to current limitation on attorney fees paid in workers' compensation cases, limits fees of attorneys to no more than 20% of difference between good faith offer made and final award. Such offer must be certified as good faith offer by workers' compensation specialist. (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 0997*
HB 1301
(Full Text) |
Occupational injury and disease. Removes from workers' compensation law definitions of "injury" and "personal injury," and replaces them with definitions of "occupational injury" and "occupational disease." Clarifies that "occupational injury" and "occupational disease" are such injury or disease arising out of and in course of particular trade, occupation, process, or employment. Lists elements of each. (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 1041
HB 1003*
(Full Text) |
Mental injury as compensable injury. Narrows definition of "mental injury" by deleting portion of definition referring to identifiable work-related event resulting in sudden or unusual mental stimulus. Provides that mental injury is not compensable unless it is demonstrated by clear and convincing evidence that injury arose out of and in course of employment. (S: Fowler; H: Clem)
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 03/21/2003 recommended against.
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SB 1044
HB 0971*
(Full Text) |
Employee challenge to wage rate statement. Presumes filed wage statements are correct unless employee disputes compensation rate by filing motion within 30 days. (S: Fowler; H: Clem)
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 03/21/2003 recommended against.
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SB 1535
HB 0496*
(Full Text) |
Standards for settlement of workers' compensation claims. Decreases to 45 from 60 days time within which Workers' Compensation Advisory Council has to comment on revisions to standards governing settlement of workers' compensation claims on or after 7/1/03. Contains broad caption. (S: Haynes; H: Buck)
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 1536
HB 0495*
(Full Text) |
Safety act violations. Triples amount payable to employee's estate or dependents if employee's death results from violation of Tennessee Occupational Safety and Health Act (TOSHA). Contains broad caption. (S: Haynes; H: Buck)
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 1864
HB 1735*
(Full Text) |
Workers' compensation injuries - Obtaining medical records. Reduces to 10 from 30 days after examination or treatment time period allotted to physician or hospital for furnishing complete medical report to employer or employer's insurer and to employee or employee's attorney. Provides that if requested records are not provided within 10 working days, records must be provided free of charge. Increases to 40 from 20 pages length of record which may be obtained for $10 charge. (S: Walker M.;
H: Windle)
Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Workers' Compensation Advisory Council 03/21/2003 released without a recommendation.
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SB 1905*
HB 1941
(Full Text) |
Disputes over workers' compensation payment. Requires that officers serving process, subpoenas, and other papers relative to workers' compensation civil suits 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 rewrite bill to provide that compensation for temporary partial disability 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. House amendment 2 also changes effective date to 7/1/04.
Workers' Compensation Advisory Council 03/21/2003 recommended for section 1, against section 2.
Senate Status: Senate 03/08/2004 concurred in House amendment 2.
House Status: House 03/01/2004 passed with amendment 2.
Other Status: Enacted as Public Chapter 0443 (effective 07/01/2004).
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SB 2460*
HB 3196
(Full Text) |
Removes hearing loss from workers' compensation schedule. Deletes TCA 50-6-123 (case management system for coordinating medical care services). Deletes permanent loss of hearing in both ears from schedule of compensation. Contains broad caption. (S: Dixon; H: Jones S.)
Workers' Compensation Advisory Council comment: Workers Compensation Advisory Council 03/26/2004 was unable to come to a consensus. The proposed bill contains two sections that deal with very different issues. As a
result, the voting members had differing views on the different sections.
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 2461*
HB 3194
(Full Text) |
Redefines injury and mental injury. Broadens definition of "injury" and "personal injury" to include mental or psychological injuries arising out of and in course of employment and gradually occurring injury arising out of and in course of employment. Deletes current definition of "mental injury." Contains broad caption. (S: Dixon; H: Jones S.)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against. Section 1 of the bill
is already law in the state as a result of case law. Section 2 negates a WCAC decision in 2002.
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 2462*
HB 3199
(Full Text) |
Uninsured employers fund. Specifies that monies placed in uninsured employers fund are to be used to pay claims of injured workers employed by uninsured, underinsured, or insolvent employers. Current law provides that such monies are to be used to pay costs incurred by Department of Labor and Workforce Development in administering assessment and collection of penalties for noncompliance with insurance requirements. 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 agree in spirit with the concept presented by the bill. However, they believe there are other issues that would have to be addressed as part of any legislation to accomplish this. In addition, they suggest assigning to some official or group the responsibility of studying the issue further and to recommend a structure or process to accomplish the intent of the bill.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 2463*
HB 3195
(Full Text) |
Bond amount for self-insured employers. Raises required deposit or bond amount for self-insured employers to $500,000 from $125,000. Contains broad caption. (S: Dixon; H: Jones S.)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against because the bill does not comprehensively address the issue of self-insured employers and self-insured pools.
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 2464*
HB 3198
(Full Text) |
Multiplier cap - medical impairment rating. Increases multiplier cap on permanent partial disability awards from 2.5 to 4.5 times medical impairment rating for injured employees who return to work at same or greater wage. Increases cap for employees who do not return to work at same or greater wage to ten from six times medical impairment rating. Permits award in excess of caps when two, rather than three, criteria set forth in TCA 50-6-242, escape clause, are met. Contains broad caption.
(S: Dixon; H: Turner M.)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 was unable to come to a consensus.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 2465*
HB 3273
(Full Text) |
Subrogation claims. Provides for reduction of subrogation claims of employers in third party actions when negligence of employer results in reduction of value of or damages recoverable by injured employee. Requires trial judge to hold hearing to determine equitable subrogation interest of employer in event compromise is reached or case is settled before trial but after suit is filed but parties cannot reach agreement on amount of subrogation interest. Requires trial judge to calculate
amount of subrogation interest and incorporate court's findings concerning subrogation interest in final judgment or settlement. Requires that gross amount of subrogation interest be based on following: (1) To extent that employee is partially at fault in incident giving rise to litigation, subrogation interest is reduced by percentage of fault assessed against employer; (2) To extent that finder of fact (judge or jury) allocated fault to person who was immune from suit, subrogation interest is
reduced by percentage of fault assessed against immune person; (3) To extent that finder of fact allocates fault to governmental entity that has its liability limited under state law and fault of entity (when multiplied by total dollar value of damages found by finder of fact) exceeds amount of judgment that can be awarded against entity, subrogation interest is reduced proportionately by percentage derived by dividing uncollectable portion of judgment against governmental entity by total
damages awarded; and/or (4) To extent that finder of fact allocated fault to person that plaintiff did not sue, subrogation interest is reduced by percentage of fault assessed against non-party. Provides that after these calculations, judge should further reduce subrogation interest pro rata by amount of reasonable attorney fees and litigation costs incurred by plaintiff in obtaining recovery. Contains broad caption. (S: Dixon; H: Buck)
Workers' Compensation Advisory Council comment:
Workers' Compensation Advisory Council 03/26/2004 was unable to come to a consensus. Employee representatives recommend passage because the issue of fault should not be considered in any manner related to a workers' compensation claim. The employer representatives recommend against passage at this time because there are more pressing issues to be resolved currently in order to reform the workers' compensation system than the issue raised by the bill.
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 2491*
HB 3274
(Full Text) |
Injuries caused by gross negligence of employer. Creates exception to exclusivity of remedy provision by permitting injured employee, or employee's personal representative, dependent, or next of kin, to initiate claim directly against employer for injuries proximately caused by employer's gross negligence or violations of industry or governmental standards designed or intended to provide for safety of workers. Contains broad caption. (S: Crutchfield; H: Buck)
Workers' Compensation
Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against. Both the employee and employer representatives have concerns the proposal would have a negative effect on the TOSHA program. Both the employee and employer representatives believe if the bill is enacted, it should provide that the employee must make a binding election as to whether he/she will pursue the tort remedy or the workers' compensation remedy.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 did not consider.
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SB 2503*
HB 3197
(Full Text) |
Temporary total disability benefits. (1) Imposes civil penalty of $200 per day if employer knowingly, willfully, and intentionally fails to commence temporary total disability benefits. (2) Authorizes court, upon hearing, to award payment of temporary total disability benefits and medical benefits. Provides for award of attorney fees and costs and expenses, in addition to accrued temporary total disability benefits and/or medical benefits, upon determination by trial court that temporary
total disability benefits and/or medical benefits should be commenced or reinstituted. (3) Requires workers' compensation specialist to conduct administrative hearing with respect to initiation or reinstatement of temporary total disability or medical benefits. Authorizes specialist, with approval of Commissioner of Labor and Workforce Development, to impose penalties for failure to initiate or reinstate such benefits as well as for termination of such benefits. Requires specialist to award
attorney fees and costs for successful claimants. Requires commissioner to promulgate rules and regulations for conduct of such hearings and imposition of penalties. (4) Authorizes specialist to act as arbitrator in those cases in which parties have entered into agreement to arbitrate. (5) Authorizes trial court, upon hearing, to approve award pursuant to arbitration. Contains broad caption. (S: Dixon; H: Turner M.)
Workers' Compensation Advisory Council comment: Workers' Compensation
Advisory Council 03/26/2004 recommends against passage of the bill as currently drafted. They are concerned the current language regarding payments of benefits may not be broad enough to address all temporary benefits. With regard to a mandatory hearing by a specialist on temporary issues, the members feel this should be viewed in the context of a broader discussion of the overall authority of a workers' compensation specialist and the issue of mandatory benefit review conferences.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/18/2004.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 2527
HB 2507*
(Full Text) |
Abolishes advisory council on worker's compensation. Abolishes Workers' Compensation Advisory Council. Removes references to council from statutes. (S: Fowler; H: Clem)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 did not choose to comment. It understands that it is a creature of the assembly but believes that it serves a valuable service. However, if this bill moves forward, the council recommends that technical changes be made.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Set for House Government Operations Committee 03/09/2004.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 did not consider.
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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 2652*
HB 2907
(Full Text) |
Workers' compensation advisory board meetings. Increases required number of meetings of Workers' Compensation Advisory Council from two to three per year. Contains broad caption. (S: Cooper J.; H: West)
Senate Status: Referred to Senate Commerce.
House Status: Caption bill held on House clerk's desk.
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SB 2808*
HB 2917
(Full Text) |
Worker's comp liability for non-insured business owners. Provides that sole proprietor or partner who does not elect to be covered by workers' compensation and be deemed an employee under workers compensation, and who provides certificate of noncoverage issued by division of workers compensation will be presumed not to be eligible during term of certificate or renewals. States that contractor insurance carrier is not liable for injuries to sole proprietor or partner who has provided
certificate of noncoverage. Further, contractor may not include compensation paid to sole proprietor or partner in computing insurance premium. Makes certification of noncoverage valid for two years. Contains broad caption. (S: Kyle; H: West) House Consumer & Employee Affairs Committee amendment 1 changes expiration date for certification of noncoverage issued after 7/1/04 from two years to one year from effective date of issuance.
Workers' Compensation Advisory Council comment: Workers'
Compensation Advisory Council 03/26/2004 recommended against. The employee representatives expressed concerns that independent contractors who do not have coverage create an unlevel playing field with those who do and also this increases the number of employees who have no recourse when they sustain an injury. The employer representatives agree this is a problem for insurers and agents because it creates disputes about the premium that is due.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/13/2004.
House Status: Taken off notice in House Finance Budget Subcommittee.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 2847
HB 2706*
(Full Text) |
Worker's compensation payments. Deletes provision for no compensation for first seven days of disability when disability does not exist for 14 days. Increases to 10% from 6% penalty on employer or insurer who falls to pay compensation. Removes limit on total amount of compensation payable. Deletes requirement of filing notice of controversy if payments have been made and employer subsequently elects to controvert liability. Contains broad caption. (S: Person; H: Ferguson)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
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SB 2927*
HB 3275
(Full Text) |
Deletes statutes in workers compensation. Deletes statutes imposing caps on permanent partial disability awards. Contains broad caption. (S: Crutchfield; H: Buck)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 was unable to come to a consensus. The employee representatives support passage as it would increase benefits to employees. The employer representatives are against passage as it would add substantial costs to the system.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 did not consider.
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SB 2957*
HB 3312
(Full Text) |
Liens and assignability of workers' compensation payments. Deletes provision making compensation made payable by periodic payments subject to income assignment for payments of support. Deletes provision granting Department of Human Services lien on lump sum settlement for collection of current and overdue support. (S: Burchett; H: Hagood)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
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SB 3035
HB 2611*
(Full Text) |
Safety committee program. Requires Commissioner of Labor and Workforce Development to report to Joint Committee on Workers' Compensation, by 1/15/05, concerning effectiveness of safety committee program. Contains broad caption. (S: Ketron; H: DuBois)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Consumer & Employee Affairs set 02/18/2004.
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SB 3068
HB 2403*
(Full Text) |
Injured employee must prove clear and convincing sobriety. With respect to employer that has implemented drug-free workplace program, increases burden of proof required for injured employee to overcome presumption that positive alcohol or drug test was cause of injury from preponderance of evidence that it was not proximate cause to clear and convincing evidence that it was not contributing cause of injury. (S: Ramsey; H: Mumpower)
Workers' Compensation Advisory Council comment:
Workers' Compensation Advisory Council 03/26/2004 recommended against. No member had been made aware that this is a problem that was adversely affecting the workers' compensation system.
Senate Status: Senate Commerce, Labor & Agriculture deferred to the call of the chair.
House Status: Taken off notice in House Employee Affairs Subcommittee.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 adopted comment.
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SB 3168
HB 3117*
(Full Text) |
Modifies anti-fraud reporting requirements. (1) Removes requirement that Department of Commerce and Insurance, Department of Labor and Workforce Development, Tennessee Bureau of Investigation, and District Attorneys General Conference cooperate with Workers' Compensation Advisory Council in development of information for inclusion in council's annual report to legislature on activities and outcomes related to Workers' Compensation Fraud Act. (2) Makes mandatory provision that Commissioner
of Commerce and Insurance require each insurer to file summary of insurer's anti-fraud activities and results. Contains broad caption. (S: Clabough; H: Curtiss)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
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SB 3169*
HB 3191
(Full Text) |
Presumption of drug or alcohol related injuries. With respect to employers who have implemented drug-free workplace program, increases burden of proof required for injured employee to overcome presumption that positive alcohol or drug test was cause of injury from preponderance of evidence to clear and convincing evidence that it was not proximate cause of injury. (2) States that liberal construction in favor of employee that is to be given to provisions of Workers' Compensation Law
applies only when court is making determination of compensability of workers' compensation claim and that there shall be no liberal construction given by courts when deciding any other issue in lawsuit. (3) In addition to existing limitations, limits fees of attorneys representing employees to no more than 20% of difference between good faith offer made by employer or insurance company and final award. Requires that offer be certified as good faith offer by workers' compensation specialist. (4)
Limits fees of attorneys for service to employers under Workers' Compensation Law to maximum of $12,000. States that fee for representing employer may not be dependent upon result achieved. Contains broad caption. (S: Norris; H: Garrett) Amendment 1 makes the bill. Requires an employee injured under the influence of drugs or alcohol to show clear and convincing evidence that the drug or alcohol was not the proximate cause of the injury in a drug-free workplace. Prohibits liberal construction in
favor of the employee by the courts for workers' compensation suits other than determination of the compensability. Excludes injuries resulting from repetitive action from the definition of "accident". Gives presumption to treating physician's testimony over that of an independent specialist. Reduces lump sum compensations to present value on a six percent basis. Terminates permanent total disability payments at age sixty-five. Sets permanent partial disability caps to 1 times the medical
impairment rating for injured employees who return to work and 3 times the medical impairment rating for those who do not return to work. Deletes age and education exceptions for permanent partial disability caps. Authorizes the commissioner of commerce and insurance to request that a self-insuring employer or pool is financially sound. Enacts penalties for late compensation to be paid to the employer. Mandates a benefit review conference within 30 days of the date the employee reached maximum
medical improvement returns to work. Allows the employer and employee to appoint a Rule 31 mediator to conduct the mediation and approve settlements if the department of labor and workforce development is unable for any reason to schedule and conduct a benefit review conference. Authorizes the advisory council on workers' compensation to study the issues relating to medical costs in workers' compensation cases and medical fee schedules and report to the general assembly by January 15,
2005.
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 05/03/2004 recommended against passage in favor of the administration's amendment to SB3424.
Oversight Committee on Workers' Compensation 05/05/2004 adopted comment.
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 05/05/2004 adopted comment.
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SB 3199
HB 3183*
(Full Text) |
Regulation on self-insured workers compensation trusts. (1) Requires financial statements evidencing self-insured employer's ability to pay claims associated with workers' compensation to be actuarially certified. (2) Requires that third party administrator for self-insured employer be licensed. (3) Imposes fine of $100 to $500 for failure of third party administrator to be licensed. (4) Establishes $100 application fee and $50 annual renewal fee for third party administrator license.
Contains broad caption. (S: Crutchfield; H: Curtiss)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against because the bill does not comprehensively address the issue of self-insured employers and self-insured pools.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
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 3211
HB 3157*
(Full Text) |
Recalculated medical report costs. Recalculates maximum cost for medical reports, requested by employer, employer's insurer, employee, or employee's attorney -- from $10 for reports 20 or less pages plus 25 cents per subsequent page to $20 for reports of 40 pages or less plus 25 cents per subsequent page. Contains broad caption. (S: Person; H: Hensley)
Workers' Compensation Advisory Council comment: Workers' Compensation Advisory Council 03/26/2004 recommended against because the
proposed bill will increase the costs of medical records in workers' compensation cases.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/06/2004.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Oversight Committee on Workers' Compensation 04/12/2004 did not consider.
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