Feb. 24, 2005

First piece of TBA-backed legislation begins to move
TBA-backed legislation began moving through the General Assembly this week as committees started taking on heavier schedules. Look for that to continue from here on out, as the legislature gets down to the serious business of making law.

The House Civil Practice Subcommittee was the first to hear a TBA-backed bill, and it gave its approval to the probate reform bill (HB1001, SB1162) sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville. Committee members also requested that the bill be considered by the Judicial Council, so the bill will go before that body on its next meeting, March 3.

Two other TBA-backed bills are just awaiting final amendments before beginning legislative review. The first, an act that reforms the Limited Liability Company Act, is awaiting the drafting of a final amendment from the TBA’s Business Law Section. It is being sponsored by Sen. Joe Haynes, D-Nashville, and Rep. Kim McMillan, D-Clarksville.

The second bill, which would divorce the statutory provisions of child support from those of spousal support (a.k.a. alimony), without changing any substantive rights, is awaiting an amendment from the Family Law Section. This bill is also being sponsored by Rep. McMillan in the House and by Sen. Doug Henry, D-Nashville, in the Senate.

Rule change amendments heard
In other developments of interest to Tennessee lawyers, the resolutions approving proposed changes to the Rules of Criminal Procedure, Rules of Civil Procedure, Rules of Evidence and Rules of Appellate Procedure were all before the House and Senate Judiciary Committees this week. All of the rule changes except those to Civil Procedures passed the two committees and are on their way to the floor for action.

Changes to the Rules of Civil Procedures, however, drew substantial discussion because of the proposed changes that would make unfilled settlements and discovery public court records. This proposal has been retained at the committee for further study.

Update on child support guidelines
The new child support guidelines drew legislative attention this week, when the House Children and Family Affairs Committee devoted almost its entire session to hearing from Department of Human Services Commissioner Gina Lodge. There was brisk debate and a great deal of legislative interest in the topic, but no unanimity in response to the guidelines. The commissioner indicated that she wanted to see formation of a broad and diverse committee to review implementation of the regulations for possible changes.

Marriage legislation
Many of the bills pertaining to gay marriage, civil unions and domestic partnerships were before subcommittees this week but generally rolled to future calendars with the exception of the measure calling for a constitutional convention to define marriage as a relationship between one man and one woman. That measure could be up for a full vote as early as Monday.

Other issues
Tenncare remains a dark cloud hanging over legislative deliberations, as members await word on court decisions concerning the governor’s power to make the changes he has proposed. Budgetary matters can’t be resolved unto these Tenncare issues are resolved.

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