May 19, 2005

TBA-backed bills on way to governor
The Senate on Monday concurred with House-added amendments to a pair of bills backed by the TBA, sending them on to the governor for his signature.

The bill divorcing the statutory provisions of child support from those of spousal support (SB2091/HB2244) was passed without dissent in both houses. It was sponsored by Rep. Kim McMillan, D-Clarksville, and Sen. Doug Henry, D-Nashville.

The Senate also concurred in passing TBA-backed reforms to Tennessee’s Limited Liability Companies Act. That bill (SB421/HB1121) was sponsored by Rep. McMillan and Sen. Joe Haynes, D-Nashville. The other bill supported by the TBA this session has already been signed into law by Gov. Bredesen. The refinements to probate law have been assigned Public Chapter No. 99.

Also winning passage from both Houses this week was a bill (SB2064/HB2086) that addresses TBA concerns with methamphetamine legislation passed earlier this session. The bill provides a mechanism for recording notices of contamination and certifications of fitness in local registers offices.

The end is near
As these measures were passing, many Senate and House committees were shutting down. Judiciary committees in both houses are closed for the year, as is the House’s Children and Family Affairs Committee.

Their closing means several bills have been pushed over to next year for consideration. Among them are:

• A bill that would have allowed divorce on the grounds of irreconcilable differences without the necessity of filing a marital dissolution agreement, which provides for the division of property and child custody.

• A bill that would have made orders of protection permanent instead of simply for one year.

Another bill that had been under consideration this session dealing with the licensing of insurance adjusters has been taken off notice because it appeared to inadvertently authorize non lawyers to engage in law practice. The bill would have licensed public adjusters who purported to represent members of the public in settling insurance casualty claims.

Ethics issues still being discussed
Still under consideration by the General Assembly are a couple of so-called “ethics” bills. The one bill alive in the House is very different from the bill still under consideration in the Senate, so it is uncertain if anything additional will pass this year.

If legislators can set aside controversial portions of the bills, some observers believe pieces of the legislation could pass, but it will take some heavy lifting from legislative leaders. One piece that could pass would require disclosure by a legislator doing consulting work out of state when his or her employer also has a contract with the state of Tennessee.

Another proposal would require lobbyists to report all money spent, except salaries, on efforts to influence legislators or members of the executive branch. This is less likely to pass, because there is debate on whether it is better to require disclosure or simply ban this type of spending.

Any action on the matter will likely happen soon, as legislators finish up their work. Adjournment could come as early as next week, but more likely by June 2 or June 3.

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