BANKING & CREDIT
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SB 1082
HB 0786*
(Full Text) |
Residential mortgages - requested payoff statements. Requires secured creditors of residential mortgages to give entitled person or such person's authorized agent a payoff statement within 30 days of receiving notice. Specifies that such secured creditors shall provide at least one requested payoff statement free of charge during any six-month period but may charge $25 for each additional requested payoff statement during such time period. (S: Ketron; H: DuBois) House amendment 1 allows disbursement of loan funds to be made with checks issued from the escrow or trust account of a licensed real estate broker and drawn on or payable through a financial institution within the same Federal Reserve check processing region as the location of the settlement agent in an amount not to exceed the earnest money paid by the purchaser and collected in such fiduciary account. Senate amendment 3 rewrites the bill. Requires a mortgage lender, mortgage loan broker, mortgage loan servicer, or
other person who utilizes a settlement agent to cause the disbursement of loan funds at or before loan closing in one of the following forms: cash, wired funds, checks issued by the state or one of its political subdivisions, cashier's check, official check issued by a financial institution and drawn on a financial institution in the same federal reserve district as the settlement agent, or checks issued by a federal government instrumentality organized under the Farm Credit Act of 1971. Makes applicable to transactions involving loans made utilizing settlement agents when such loans are secured by mortgages on real estate containing up to four residential dwelling units regardless of the purpose of such dwellings, vacant lots designated as residential property, or agricultural land. Prohibits settlement agents from disbursing funds from an escrow or settlement account in any of such transactions until the agent has received the disbursement of loan funds and additional funds necessary
to be provided by the borrower or other third party to fully fund the transaction. Specifies that additional funds in excess of $1,000 be provided to the settlement agent in one of same such forms. Requires that all required documents be executed and suitable for recording before the disbursement of funds. Specifies that in any transactions falling under the provisions of the Truth-in-Lending Act, the settlement agent would not disburse any settlement proceeds earlier than the first business day after the expiration of the rescission period. Clarifies that failure to comply does not affect the enforceability of any loan documents. Specifies that any party in violation of these provisions would be liable to another party who suffers a loss due to such violation for actual damages plus reasonable attorneys' fees and be subject to paying a fine of $1,000 or double the amount of interest payable on the mortgage loan for the first 60 days after the loan closing, whichever is greater, to
the party who suffers a loss. prevent violations of this amendment. Changes effective date to September 1, 2005. Senate amendment 4 clarifies that a teller's check or other official check drawn on or payable through a financial institution within the same federal reserve check processing region, rather than federal reserve district, as the location of the settlement agent would meet the definition of "disbursement of loan funds" for purposes of this bill.
Senate Status: Senate 05/16/2005 concurred in House amendment 1.
House Status: House 05/12/2005 passed with amendment.
Other Status: Sent to governor 05/16/2005.
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SB 1661*
HB 1235
(Full Text) |
Disbursements of funds by mortgage lenders. Prohibits knowing disbursement of funds by mortgage lenders, loan brokers, or loan servicers at closing or settlement of mortgage loan except in the form of cash, wire transfer, a banker's cashier check, treasury warrant issued by the state. (S: Hagood; H: Johnson R.)
Senate Status: Withdrawn in Senate 04/14/2005.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
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COMMERCIAL LAW
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SB 0421*
HB 1121
(Full Text) |
Tennessee Revised Limited Liability Company Act. Requires that notice by an LLC to its managers, directors, officers, employees, agents, members and holders of financial rights, as applicable, shall be in writing except that oral notice is effective if it is reasonable under the circumstances. Specifies that written notice is effective when received or five days after its deposit in the US mail. Revises other provisions regarding powers and duties of LLCs (137 pp.). (S: Haynes; H: McMillan) Senate amendment 1 rewrites the bill. Permits member-managed, manager-managed, and board of directors-managed LLCs. Allows oral operating agreements. Clarifies that non-voting membership interests are permitted. Creates provisions for single-member LLCs and family LLCs. Senate amendment 2 corrects typographical error which removes the fiscal note. House amendment 4 adds physician assistants, physicians, and osteopathic physicians, except radiologists, pathologists, and anesthesiologists, to
the list of specific health care professionals who have a right to be members and/or holders of financial rights of the same PLLC to bill's provisions.
Senate Status: Senate 05/16/2005 concurred in House amendment 4.
House Status: House 05/11/2005 passed with amendment.
Other Status: Sent to governor 05/16/2005.
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CRIMINAL LAW
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SB 0121*
HB 0595
(Full Text) |
Sentencing enhancement for meth offenses. Allows judge to enhance sentence within appropriate range for drug violation involving methamphetamine if the preparation or commission of offense causes damage to a structure by means of fire or explosion. (S: Fowler; H: Curtiss)
Senate Status: Referred to Senate Judiciary.
House Status: House Methamphetamine Task Force 04/05/2005 referred to summer study.
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SB 0203*
HB 0180
(Full Text) |
Indigent defendants' rights. Specifies that a defendant that is indigent in any case has the right to a hearing in open court to determine that investigation of expert services are necessary to ensure the defendant's constitutional rights are protected. Prohibits ex parte hearings or meetings between the trial judge and the counsel to determine the necessity of service. Allows the victim to attend any hearing where the defendant has a right to be present. (S: Fowler; H: Johnson R.) House Judiciary Constitutional Protections Subcommittee amendment 1 makes the bill. Clarifies that in all criminal cases an attorney can seek expert services. Specifies that attorneys in non-capital trials may not request funding for ex parte hearings except when requesting such funds for psychological examination.
Senate Status: Taken off notice in Senate Judiciary.
House Status: House Judiciary Committee deferred to March 2006.
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SB 0326
HB 0173*
(Full Text) |
Appellate court opinions for criminal defendant. Requires appellate courts to deliver opinions involving criminal defendants to the state and to the defendant's counsel at least 48 hours prior to being made public. (S: Miller J.; H: McKee)
Senate Status: Senate Judiciary deferred to 05/03/2005.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1725
HB 0438*
(Full Text) |
Indigent defense compensation. Specifies that all public defenders are entitled to compensation for their services before trial, at trial, and during the appeal and reimbursement for necessary expenses in accordance with the rules of the supreme court. Deletes the maximum compensation amount for attorneys appointed to represent capital cases or cases that require extended or complex representation. (S: Person; H: Fowlkes)
Senate Status: Senate passed 04/18/2005.
House Status: House passed 03/14/2005.
Other Status: Enacted as Public Chapter 0104 (effective 07/01/2005).
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SB 2064
HB 2086*
(Full Text) |
Contamination of real property from meth labs. Provides for filing of notice of methamphetamine lab issued by the commissioner of environment and conservation with county register. Also provides for filing of notice regarding certificates of fitness issued by the commissioner of environment and conservation that property has been remediated and certified clean by the department and is safe for human use. (S: Norris; H: Newton) Senate amendment 1 rewrites the bill. Specifies when any real property is quarantined by a local law enforcement agency due to the manufacture of methamphetamine, the enforcement agency will file a notice in the office of county register. Provides an example of an acceptable notice form. Specifies when a certified industrial hygienist determines that the property is safe for human use such person must issue a certificate of fitness. Provides an example of an acceptable certificate of fitness. Senate amendment 2 makes technical corrections.
Senate Status: Senate 05/16/2005 passed with amendments 1 and 2.
House Status: House passed 05/19/2005.
Other Status: Sent to governor 05/19/2005.
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SB 2318*
HB 2334
(Full Text) |
Meth-Free Tennessee Act of 2005. Prohibits pharmacy from selling to the same person more than three individual packages of any non-exempt product containing any immediate methamphetamine precursor. Also prohibits pharmacy from selling to the same person any combination of such products containing more than 9 grams of ephedrine, pseudoephedrine, or their salts, isomers, or salts of isomers, during the same 30-day period. (S: Kyle; H: McMillan) Senate amendment 1, as amended, requires the board of pharmacy instead of the department of health to determine whether a product that contains any immediate methamphetamine precursor is not in a form that can be used to manufacture methamphetamine, and to maintain a public list of exempted products. Allows non-exempt products to be contained in a locked case within the view of and within 25 feet of the counter. Establishes that this section supersedes local laws. Removes the offense for a person to promote methamphetamine manufacture.
Removes the ability for a qualified law enforcement officer to give expert testimony to establish a particular ingredient or apparatus can be used to produce methamphetamine. Requires county clerk to forward the judgment and date of birth of all persons convicted within 45 days of the judgment. Requires bureau of investigation to remove from the registry the name of persons convicted seven years after the judgment date. Senate amendment 2 specifies that those products that do not contain ingredients in a form that can be used in the manufacture of methamphetamine can be exempt from the section requirements. Allows pharmacy board to determine whether products contain methamphetamine ingredients. Allows pharmacy board to maintain a public list of such exempted products. House amendment 4 corrects typographical error, clarifies the intent that pharmacies can record such information in any electronic form, and clarifies who is required to record such information.
Senate Status: Senate 03/28/2005 concurred in House amendment 4.
House Status: House 03/28/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0018 (effective 03/30/2005).
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ESTATES & TRUSTS
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SB 1162
HB 1001*
(Full Text) |
Refinements to statutes. Requires a creditor who has timely filed a claim against an estate to file any amendment to its claim no later than 30 days from the later of the date an exception to the claim is filed or the expiration of the exception period. Makes other various changes to statutes pertaining to probate, wills, trusts, custodial accounts, guardianship, conservatorship, taxes, and healthcare powers of attorney. (S: Fowler; H: Fowlkes) House amendment 1 specifies that all trusts entered into prior to the act remain valid and in full effect. House amendment 3 removes the provision whereby guardianship and conservatorship documents maintained by a court clerk would be confidential.
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that bill is beneficial for judiciary and has passed in both chambers.
Senate Status: Senate passed 04/04/2005.
House Status: House 03/31/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0099 (effective 04/22/2005).
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FAMILY LAW
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SB 0033*
HB 1231
(Full Text) |
Requirements for lawyers working on divorce cases. Requires lawyers that are involved with a divorce, separation, or annulment to provide the parties involved a statement of financial obligations and an estimate of charges likely to incur. Specifies that if the lawyers fail to do so they can be disciplined. (S: Cohen; H: Odom)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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SB 0150*
HB 0872
(Full Text) |
Limits retroactive parental liability for child support. Limits retroactive parental liability for child support once the state is given custody of the child if no order or support hearing is set within 45 days. (S: Fowler; H: DeBerry J.)
Senate Status: Senate passed 05/04/2005.
House Status: Referred to House Family Justice Subcommittee.
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SB 0628
HB 0561*
(Full Text) |
Child custody and visitation. Specifies that a court in a child custody case is not required to designate one parent as the primary custodial parent where the court has awarded joint custody to the parents or where parenting time is to be shared by the parents on an equal or substantially equal basis. (S: Black; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
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SB 0697
HB 1118
(Full Text) |
Spousal support. Reorganizes the spousal support statute. Applies rebuttable presumption that person living with third person does not need alimony to persons awarded transitional alimony. (S: Cohen; H: McMillan)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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SB 0702*
HB 0951
(Full Text) |
Limits on protection orders. Revises scope of protection orders involved in domestic abuse cases. Under this revision, a protection order may no longer include the granting to the petitioner possession of the residence, the eviction of respondent, awarding of temporary custody or visitation rights with regard to minor children, or awarding of financial support to the petitioner. Protection order may not direct respondent to attend counseling programs that address violence and control issues or substance abuse problems. (S: Haynes; H: Cochran)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Violence Task Force.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 0987
HB 0761*
(Full Text) |
Divorce on grounds of irreconcilable differences. Specifies that parties in divorce proceedings are not required to submit a written agreement concerning the distribution of marital property but may present their cases to the court concerning the equitable distribution of the marital property in the event that the divorce is sought on the grounds of irreconcilable differences. (S: Cohen; H: Odom)
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the bill does not change current law substantially and that it might increase contested litigation. Noted that this could be done through court reviews.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Children & Family Affairs.
Other Status: Tennessee Judicial Council 03/03/2005 released the bill with comment.
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SB 1782*
HB 1729
(Full Text) |
Equally shared parenting time is in child's best interest. Creates a rebuttal presumption that equally shared parenting is in the best interest of the child during court custody arrangements. Clarifies that the court has the widest discretion in determining appropriate custody arrangements for a child. (S: Jackson; H: Fowlkes)
Senate Status: Senate passed 04/18/2005.
House Status: Referred to House Domestic Relations Subcommittee.
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SB 1808
HB 0501*
(Full Text) |
Child custody. Mandates when parents disagree on custody the court shall order joint physical custody. Authorizes the court wide discretion in determining the timing and duration of legal custody alterations. Specifies the result will be equal schedules unless one parent agrees to their schedule being less than equal. (S: Herron; H: McDaniel)
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment which states if parents cannot agree then it will be difficult to get a custody agreement.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council 03/03/2005 released the bill with comment.
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SB 2091*
HB 2244
(Full Text) |
Child support collections. Separates the child support provisions from the alimony provisions and deletes the alimony provisions from current law. Also makes changes to current law concerning child support collections. Removes language that makes participation in the central collection system in Title IV-D cases optional for court clerks. Adds language that directs Title IV-D obligors to make payments to the department. Also removes authorization for court clerks to disburse child support receipts directly to an obligee pursuant to a written agreement with the department (26 pp.). (S: Henry; H: McMillan) House amendment 5 deletes bill's provision that would have required courts to ensure that each spouse involved in a divorce action has adequate and reasonable access to resources to allow the spouse to employ counsel and an attorney. Deletes bill's provision that would have authorized courts to appoint experts in divorce cases and order payment of such experts' fees from marital
assets. Allows courts to remain authorized to order one spouse to pay support to another spouse in order to allow the recipient spouse to prosecute the divorce. Replaces bill's requirement that any court must ratify any agreement that the parties to a divorce reach regarding alimony with a provision specifying that nothing in this bill would prevent parties from including an agreement regarding spousal support in their divorce decree. Separates alimony and child support provisions. Senate amendment 1, as amended, retains the present law alimony provisions with some modifications. Applies the third person live-in presumption to persons who are awarded transitional alimony. Requires courts to ensure that each side has reasonable access to resources to allow them to employ counsel and expert witnesses. Authorizes courts to appoint expert witnesses and order the payment of any fees and expenses from the marital assets. Authorizes courts to order payment of attorney's fees as a lump sum.
Appears to make the payment of spousal support in Title IV-D cases permissive rather than mandatory.
Tennessee Judicial Council comment: Judicial Council released with comment that bill clarifies and formats existing law.
Senate Status: Senate 05/16/2005 concurred in House amendment 5.
House Status: House 05/11/2005 passed with amendment.
Other Status: Sent to governor 05/16/2005.
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GOVERNMENT CONTRACTS
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SB 0535*
HB 1133
(Full Text) |
Disclosure of consulting fees - conflicts of interest. Requires certain disclosures by persons doing business with the state, county, or municipal government; by officials receiving consulting fees from such persons; and by lobbyists and employers of lobbyists in certain circumstances. (S: Black; H: Buck) Senate amendment 1 requires every lobbyist to file with the registry an expense statement covering the preceding reporting period on or before July 31 and January 31. Specifies the information that must be included within the expense statement. Specifies the statement will be posted on the internet. Requires lobbyists to keep all records for three years. States the procedures for when a lobbyist fails to submit statement. Senate amendment 2 specifies the disclosure will only state the name of the company if the publicly traded security is listed on the New York Stock Exchange, American Stock Exchange or the NASDAQ. Specifies that with regard to private income received from
investments with a federal or state chartered bank, the disclosure will only state the name of the bank. Senate amendment 3 requires the governor, member of the governor's staff, commissioner or any member or employee of any executive department, agency or other state body in the executive branch to report.
Senate Status: Senate 05/24/2005 passed with amendments.
House Status: Failed in House State & Local Government 05/18/200, after adopting amendments 1 and 2.
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HEALTH CARE
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SB 1589
HB 0087*
(Full Text) |
Exceptions to medical information confidentiality. Specifies certain instances that medical information confidentiality can be waived. Includes instances in which patient or guardian waives consent, consent is waived by spouse or estate executor after a patient's death, and instances involving civil or wrongful death actions. (S: Norris; H: Overbey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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INSURANCE GENERAL
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HB 0054*
(Full Text) |
Investigation of disputed insurance claims. Prohibits an insurance company from taking sworn statements of a policy holder during an investigation of a disputed claim unless such policy holder has the assistance of legal counsel. Specifies that a violation is a Class C misdemeanor punishable by a fine of not less than $100 nor more than $1,000. (H: Fowlkes)
House Status: Referred to House Commerce.
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JUDICIARY
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SB 0154*
HB 0554
(Full Text) |
Presumptive evidence in a subrogation action. Specifies that automobile insurance carriers may present an affidavit as presumptive evidence in subrogation actions for recovery of total damages paid or incurred on behalf of their insured, including the insured's deductible. Requires such affidavit be accompanied by certification of a notary public with seal annexed or certification of an acting general sessions judge. Establishes such evidence as conclusive provided that the alleged tortfeasor does not assert any defense or objection. (S: Fowler; H: Bunch)
Senate Status: Senate passed 02/14/2005.
House Status: House passed 03/28/2005.
Other Status: Enacted as Public Chapter 0022 (effective 07/01/2005).
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SB 0279*
HB 2003
(Full Text) |
Election of supreme court and appellate court judges. Specifies that all judges of the supreme court, court of appeals, and court of criminal appeals be elected at contested elections in the same manner as trial court judges. Replaces the Tennessee Plan as the method of selecting appellate court judges. (S: McNally; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 0329
HB 0175*
(Full Text) |
Revises judicial election laws. Specifies judicial election laws for supreme court justices and all appellate judges. Ends the Tennessee plan of judicial selection. (S: Miller J.; H: Newton)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Judicial Administration Subcommittee 03/09/2005.
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SB 0472*
HB 0913
(Full Text) |
Award for non-compensatory damages. Precludes trier of fact in a civil action from awarding non-compensatory damages where comparative fault is an issue and defendant is less than 50 percent at fault. (S: Finney; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 0534*
HB 0541
(Full Text) |
Supreme court justices - popular election. Provides for popular election at large of supreme court justices and all appellate judges. Abolishes the Tennessee plan of judicial selection. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 0541*
HB 0545
(Full Text) |
Appellate court judges to be elected by voters of the state. Requires, effective with the August 2006 judicial elections, that appellate court judges be elected by the qualified voters of the state at large as provided by law. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1155
HB 0813*
(Full Text) |
Judicial selection commission expanded. Increases the judicial selection committee from 17 members to 18 members by adding one member of the senate judiciary committee and one member of the house judiciary committee. Specifies the new members are ex-officio and non-voting members. (S: Fowler; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1451*
HB 1170
(Full Text) |
Constitutional rights of indigent defendants. Permits court of record that has found defendant to be indigent to hold hearing in open court to determine that investigative or expert services are necessary to ensure that the constitutional rights of defendant are protected. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary Criminal Practice Subcommittee 04/12/2005.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 1630
HB 0757*
(Full Text) |
Discussions between attorneys and health care providers. Allows attorneys and health care providers to hold discussions prior to depositions. Waives any confidentiality covenants for purposes of discussions between attorneys and health care providers if any such health care provider is scheduled for a deposition or to testify for a trial. (S: Norris; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1636
HB 0564*
(Full Text) |
Persons requesting to serve process. Requires person requesting appointment to serve process file petition with sheriff instead of county clerk. Gives further qualifications in order to serve. Raises fee to $200 from $100. Allows sheriff to prescribe additional rules and has the power to revoke the authority of any person who has violated laws. Issues an identification card for $60. Provides that if a server executes false return of service, such server is guilty of a Class C misdemeanor and can be permanently barred from serving. (S: Norris; H: Towns)
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been referred to study committee.
Senate Status: Referred to Senate Judiciary.
House Status: House Judicial Administration Subcommittee deferred to summer study.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment that bill has been referred to study committee.
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SB 1708
HB 0638*
(Full Text) |
Governor must state reasons for rejection of judge nominees. Allows the governor to require the commission to submit another panel of three nominees for a vacant trial judge. Mandates if the governor rejects a panel of nominees for a vacant trial judge, then the governor will state the reasons for the rejection of the panel in writing for the judicial selection commission. (S: Norris; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to first meeting in March 2006.
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SB 1974*
HB 1644
(Full Text) |
Judicial council - scope of bills limited. Requires written consent of both prime sponsors before a committee chair in the general assembly can refer a bill not involving judicial positions to the judicial council. (S: Burchett; H: Bowers)
Tennessee Judicial Council comment: Judicial Council released with comment that bill is a matter for the legislative body.
Senate Status: Senate State & Local Government 03/15/2005 recommended.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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SB 2151
HB 2052*
(Full Text) |
Motion for class certification. Clarifies that order of trial court granting or denying motion for class certification or decertification is appealable to court of appeals. (S: Person; H: DeBerry L.) Senate amendment 1 rewrites the bill. Specifies the court of appeals may in its discretion permit an appeal from an order of a trial court granting or denying class action certification if an application is filed with the clerk of the appellate court within ten days after the entry of the order.
Tennessee Judicial Council comment: Judicial Council released with comment that such matters are better dealt with by court rule rather than legislation. Other members stated that this legislation has been passed in several other states.
Senate Status: Senate 05/09/2005 passed with amendment.
House Status: House passed 05/16/2005.
Other Status: Sent to governor 05/16/2005.
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SB 2233
HB 2185*
(Full Text) |
Solicitor general position and duties. Establishes elective office of solicitor general within the executive branch. Transfers to such office certain duties currently performed by attorney general and reporter. (S: Beavers; H: Mumpower)
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been taken off notice.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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HB 2146*
(Full Text) |
Salaries for trial court judges. Provides alternative base salaries for trial court judges, judges of the court of appeals, judges of the criminal court of appeals, and judges of the supreme court, effective September 1, 2006. Specifies that salaries are contingent upon TnCIS being operational and implemented in at least nine counties. (H: Fitzhugh)
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been taken off notice.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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HJR 0246
(Full Text) |
Judicial Council to study private process servers. Requests the judicial council to study the issue of private process servers serving civil process and report its findings back to the judiciary committees. (H: Fowlkes) House amendment 1 rewrites the resolution. Requests judicial council to study the issue of the service of civil and criminal process by both private process servers and the office of sheriff.
Senate Status: Senate 05/25/2005 concurred.
House Status: House 05/02/2005 passed with amendment.
Other Status: Sent to governor 05/25/2005.
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HR 0011
(Full Text) |
Rules of criminal procedure. Approves amendments and revisions to rules of criminal procedure promulgated by the supreme court. (H: Fowlkes)
House Status: House 03/07/2005 adopted.
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HR 0012
(Full Text) |
Rules of civil procedure. Approves amendments and revisions to rules of civil procedure promulgated by the supreme court. (H: Fowlkes)
House Status: House 03/21/2005 adopted.
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HR 0013
(Full Text) |
Rules of evidence. Approves amendments and revisions to rules of evidence promulgated by the supreme court. (H: Fowlkes)
House Status: House 03/07/2005 adopted.
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HR 0014
(Full Text) |
Rules of appellate procedure. Approves amendments and revisions to rules of appellate procedure promulgated by the supreme court. (H: Fowlkes)
House Status: House 03/07/2005 adopted.
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PROFESSIONS & LICENSURE
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SB 0670
HB 0473*
(Full Text) |
Tennessee Public Adjuster Licensing Act of 2005. Requires licensure for public adjusters and outlines qualifications, procedures and standards for such licensure. Makes provision for out-of-state license reciprocity. (S: Cooper J.; H: Odom)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce.
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SB 0783
HB 0325*
(Full Text) |
Private Process Servers Regulatory Act of 2005. Establishes licensure procedures for private process servers. Sets qualifications for eligibility and authorizes the department of insurance to promulgate rules necessary implement such procedures. Requires all applicants for a private process server license to have at least $250,000 of blanket general liability insurance, errors and omissions. Caps the initial licensure fee and annual renewal fee for a private process server at $200. Requires all licensed private process servers to complete annually 16 hours of certified continuing education. Creates a private process server review board, and sunsets such board on June 30, 2007. Grandfathers in any private process servers who have been actively engaged in the serving of process lawfully at least two years prior to enactment of this bill. Creates a Class A misdemeanor for a violation of the licensure process. (S: Burchett; H: Brooks, Harry)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Professional Regulation Subcommittee.
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PUBLIC EMPLOYEES
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SB 0959*
HB 1413
(Full Text) |
Private process services. Requires any potential process server requesting for appointment to be permanent resident of Tennessee. Increases the fee for such a petition from $100 to $200. Directs the sheriff to issue identification cards to private process servers. (S: Norris; H: Jones U.)
Senate Status: Referred to Senate Judiciary.
House Status: House Judicial Administration Subcommittee deferred to study committee.
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SB 1495*
HB 1134
(Full Text) |
Disclosure for consulting fees to public officials. Requires person who does business with state, county or municipal government and pays consulting fees to legislative or executive branch, local officials or their immediate family to disclose fee information to the election of registry finance. Requires officials who receive consulting fee to make same disclosure. Makes failure to make disclosure a Class A misdemeanor. (S: Jackson; H: Buck)
Senate Status: Withdrawn in Senate 02/23/2005.
House Status: Taken off notice in House State Government Subcommittee.
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SB 1496*
HB 1135
(Full Text) |
Disclosure for consulting fees to public officials. Requires persons who conduct business with state, county or municipal government and pay consulting fees to the executive or legislative branch, local officials or their immediate family to disclose fee information to the registry of election finance. Requires officials who receive fee to make same disclosure. Makes failure to make disclosure a Class A misdemeanor. (S: Jackson; H: Buck)
Senate Status: Senate State & Local Government Ethics Subcommittee 04/11/2005 recommended. Sent to Senate State & Local.
House Status: Taken off notice in House State Government Subcommittee.
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TENNCARE
|
SB 0427
HB 0399*
(Full Text) |
Claims against individual's estate. Disregards any claims or liens by the TennCare bureau against the estate of certain individuals aged 55 or older unless the claim is filed within one year of the individual's death. (S: Jackson; H: Shepard)
Senate Status: Senate General Welfare deferred to 04/27/2005.
House Status: House Civil Practice Subcommittee deferred to 04/26/2005.
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SB 2307
HB 2323*
(Full Text) |
Collection of money owed to TennCare after patient's death. Requires the personal representative of estate of decedent who was enrolled in TennCare to file with the bureau of TennCare the documentation required to determine if the estate owes money to TennCare. Establishes procedures for the recovery of payment. (S: Kyle; H: McMillan)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Taken off notice in House Finance Budget Subcommittee.
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TORT LIABILITY
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SB 0234*
HB 1236
(Full Text) |
Medical malpractice - noneconomic damages. Caps noneconomic damages to injured plaintiff in medical malpractice action to one million dollars. Defines "noneconomic damages" as compensation for pain, suffering, inconvenience, loss of consortium, physical impairment, disfigurement, and other nonpecuniary damage. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1579*
(Full Text) |
Noneconomic damages in medical malpractice cases limited. Caps noneconomic damages to plaintiff in medical malpractice action at $250,000. Revises attorney's fees based on amount of damages awarded to claimant. Authorizes trial court to order future damages be paid by periodic payments instead of a lump sum payment if award exceeds $75,000. (S: Norris)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Withdrawn in Senate 02/14/2005.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 1591
HB 0095*
(Full Text) |
Malpractice suit specifications. Specifies certain procedures for cases of medical malpractice. Limits the amount of noneconomic losses plaintiffs in malpractice suits can receive to $250,000. Changes maximum possible attorneys' fees from a flat percentage of all damages awarded to the claimant to a downward-sliding scale of percentages of all damages awarded. Requires that any contract for medical services containing a provision for binding arbitration of any dispute arising from alleged medical malpractice make such provisions highly visible to signees. (S: Norris; H: Overbey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1926*
HB 2231
(Full Text) |
Damages in medical malpractice actions. Provides immunity from liability for all damages except for actual economic losses in any medical malpractice action in which the claimant not have health insurance at the time of the treatment giving rise to the action. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 2178
HB 2122*
(Full Text) |
Tort liability reform - noneconomic damages. Adds provision for noneconomic damages in medical malpractice actions. Prohibits subrogation of plaintiff's rights to recovery against a defendant from the source of any collateral benefits. Sets $250,000 recovery cap on such damages in certain cases. Permits awards exceeding $75,000 to be made in periodic payments. Establishes a scale for percentage of judgment that can go to attorney fees. (S: Norris; H: Overbey)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to 2006.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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HB 1381
(Full Text) |
Punitive damages in medical malpractice actions limited. Limits punitive damages awarded to plaintiffs in medical malpractice actions to two million dollars. (H: Cochran)
House Status: Taken off notice in House Civil Practice Subcommittee.
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TRANSPORTATION VEHICLES
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SB 1050*
HB 2132
(Full Text) |
Documentation for driver license. Changes driver license applicant requirements so that an applicant must provide either such applicant's social security number or documentation issued by the United States Immigration and Naturalization Service authorizing the applicant to be in the United States. Removes the current provision for an applicant who does not have, or who states that such applicant has never been issued, a social security number to complete an affidavit affirming that such applicant has never been issued a social security number. (S: Ketron; H: Rowland)
Senate Status: Taken off notice in Senate Transportation.
House Status: House Transportation Public Safety & Rural Roads Subcommittee deferred to 2006.
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WORKERS COMPENSATION
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SB 1721
HB 0440*
(Full Text) |
Compensation appeals panel. Removes 9/1/06 expiration date of provisions for referral by Supreme Court of workers' compensation cases to Special Workers' Compensation Appeals Panel. (S: Person; H: Fowlkes)
Senate Status: Senate passed 03/21/2005.
House Status: House passed 03/14/2005.
Other Status: Enacted as Public Chapter 0028 (effective 07/01/2005).
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SB 2068*
(Full Text) |
Workers compensation fraud. (1) Provides that any evidence of fraud determined by workers' compensation specialist in case will be submitted to fraud section of Workers' Compensation Division. Requires fraud section to submit report to Commissioner of Labor and Workforce Development and/or Commissioner of Commerce and Insurance on all cases involving alleged fraud. (2) Redefines "injury" and "personal injury" to mean either "occupational injury" or "occupational disease." Defines "occupational injury" as injury which arises out of and in course of particular trade, occupation, process, or employment in which employee is exposed to such injury and which meets following elements: (a) direct causal connection exists between conditions under which work is performed and injury; (b) injury arose as natural incident of exposure by reason of employment and is substantiated by overwhelming preponderance of evidence; (c) injury is of such character that employee would not have had
substantial exposure to injury outside of employment; (d) injury must have originated from risk connected with distinctive conditions of employee's particular employment and that risk was proximate cause of injury; and (e) objective medical evidence supporting occupational injury must be based on reliable scientific principles sufficiently established in medical community to have gained general acceptance. Defines "occupational disease" to mean disease or infection which arises out of and in course of particular trade, occupation, process, or employment in which employee is exposed to such disease and which meets following elements: (a) direct causal connection exists between conditions under which work is performed and disease, (b) disease arose as natural incident of exposure by reason of employment and is substantiated by overwhelming preponderance of evidence; (c) disease is of such character that employee would not have had substantial exposure to disease outside of employment;
(d) disease is not ordinary disease of life to which general public is exposed; (e) disease must have originated from risk connected with distinctive conditions of employee's particular employment and that risk was proximate cause of disease; and (f) objective medical evidence supporting occupational disease must be based on reliable scientific principles sufficiently established in medical community to have gained general acceptance. Contains broad caption. (S: Norris)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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