3 TBA-backed bills introduced; Lien Law proposal awaits study
Three pieces of legislation backed by the TBA were introduced into the General Assembly this week, but a fourth proposal has been held back to allow further study.

Based upon the consensus recommendation of the TBA Special Committee on the Mechanic's and Materialmen's Lien Law, the TBA will defer introduction and consideration of its Tennessee Construction Lien Act until the next legislative session.

The TBA, in cooperation with groups representing all segments of the construction industry, will conduct meetings throughout the state to educate construction businesses and professionals and learn about issues and concerns that may be addressed.

The proposal, more than 18 months in the making, would revamp the act, which is highly technical, confusing and expensive to administer. The new scheme proposes a “notice of furnishing" as is being increasingly adopted nationally.

The proposed act can be downloaded in pdf format at http://www.tba.org/legisflash/2005/proposed_lienlaw.pdf and the committee report on the topic can be downloaded at http://www.tba.org/legisflash/2005/lienlawrepor_01_05.pdf.

To learn more about the meetings contact lienlaw@tnbar.org to ask to receive details.

TBA-backed bills gain sponsors
The three bills making up the TBA’s main legislative package for 2005 have all now been introduced. A bill that will modernize and update various sections of estate and probate law will be sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville. The proposal was developed by the Tennessee Probate Study Group.

A second bill introduced this week in essence rewrites the10-year-old Limited Liability Company Act. One part of the proposed legislation, for example, takes advantage of changes in federal tax law that makes it simpler for an entity to be considered a LLC for tax purposes. The bill was prepared by the TBA Business Law Section and is being sponsored by Sen. Joe Haynes, D-Nashville, and Rep. Kim McMillan, D-Clarksville.

Also introduced this week was a TBA proposal to divorce the statutory provisions of child support from those of spousal support (a.k.a. alimony), without changing any substantive rights. This bill is also being sponsored by Rep. McMillan in the House and by Sen. Steve Cohen, D-Memphis, in the Senate.

Child support guidelines still causing concerns
The TBA today contacted lawmakers about growing concerns with the new Child Support Guidelines and offered some assistance to lawmakers and their staff in fielding questions.

The letter says, "the Tennessee Bar Association believes that these new guidelines are seriously flawed, substantially understate the cost of child rearing and potentially increase litigation, all to the detriment of the family and the judicial system."

To help lawmakers field questions regarding the guidelines, they were given prepared responses to frequently asked questions. You can download that document here.

Governmental Affairs Committee meeting regularly
The TBA’s Governmental Affairs Committee has also started holding its regular biweekly meetings. The group meets every other Thursday at the Tennessee Bar Center to review progress on legislation backed by the TBA and address any issues arising from other legislation that affects the Tennessee legal community or the Tennessee justice system.

Bigger and better than ever
Mark your calendars now for the TBA's annual reception for members of the General Assembly. The popular Big Shrimp event is scheduled for Tuesday, Feb. 15, at the Tennessee Bar Center in Nashville. TBA members can use the event as a chance to meet with state leaders in a relaxed atmosphere.

Keep up-to-date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.

TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.

TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.

Questions, comments? Contact TBA Legislative Counsel Steve Cobb at scobb@tnbar.org or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org