ALCOHOLIC BEVERAGES
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SB 0964
HB 0957*
(Full Text) |
Shipments of wine to a residence. Allows direct shipment of wine from a winery to the residence or place of business of an adult consumer who is 21 years of age or older under certain circumstances. (S: Cohen; H: Hargett)
Senate Status: Senate Alcoholic Beverage Subcommittee 04/06/2005 returned to Senate State & Local without recommendation.
House Status: Referred to House Local Government Subcommittee.
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BANKING & CREDIT
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SB 0682*
HB 1275
(Full Text) |
Financial service providers - cross-ownership. Repeals law separating financial services providers, including banks, insurance companies, and securities brokers and dealers, to permit cross-ownership and sales of financial products by all providers. Repeals TCA Section 56-6-201 through Section 56-6-204. (S: Cooper J.; H: Coleman)
Senate Status: Senate passed 03/07/2005.
House Status: House passed 03/07/2005.
Other Status: Enacted as Public Chapter 0008 (effective 03/21/2005).
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SB 0686
HB 0583*
(Full Text) |
Copy of loan contract required. Requires industrial loan and thrift companies to provide detailed written statement or copy of loan contract to borrowers. Prohibits companies from disseminating false statements relative to terms upon which money may be loaned. Allows commissioner of financial institutions to prepare various repayment schedules. (S: Cooper J.; H: Curtiss)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 0692*
HB 0744
(Full Text) |
Debt management plans. Requires both for-profit and non-profit consumer credit services to obtain a signed statement from consumers that states that the consumers understands that participation in a debt management plan may negatively impact the consumer's credit rating. , (S: Cooper J.; H: Curtiss)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
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SB 0726*
HB 0717
(Full Text) |
Mortgage loan originators. Permits mortgage loan originator and licensee or registrant to mutually agree whether the loan originator is an employee or independent contractor of the licensee or registrant. 13. (S: Finney; H: Montgomery)
Senate Status: Withdrawn in Senate 02/17/2005.
House Status: Withdrawn in House 02/10/2005.
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SB 0902
HB 0743*
(Full Text) |
Lien waivers - condition for payment. Establishes that contract provisions requiring a lien waiver as a condition for payment are void as against public policy and wholly unenforceable. (S: McLeary; H: Curtiss) House amendment 1 rewrites the bill. Retains the present law provision where a holder of a materialmen's or mechanic's lien may waive the lien if such person accepts a note for all or part of the lien. Removes the present law exception for laborers and clarifies prohibition on contract provisions that purport to waive a right of lien.
Senate Status: Senate passed 05/05/2005.
House Status: House 04/04/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0197 (effective 07/01/2005).
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SB 0945*
HB 1319
(Full Text) |
Credit card solicitation to college students. Requires state universities that collect personal information from students for campus directories to include a provision allowing students to indicate they do not wish to receive solicitations. Prohibits the recruitment of students as cardholders on campus facilities and during school activities. (S: Ford J.; H: DeBerry L.) House amendment 2 limits this bill's application to "credit card issuers and representatives of credit card issuers" instead of any "issuer of credit".
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House 05/16/2005 passed with amendment 2.
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SB 1016*
HB 1631
(Full Text) |
Short term loans and lenders - maximum interest rates. Lowers maximum interest rate from two to one percent per month for title loans. Changes maximum monthly fee title lender may charge in addition to interest from one fifth to one tenth of principal. (S: Crutchfield; H: Brown)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Government Operations.
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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 1127
HB 0986*
(Full Text) |
Consumer Protection Act of 2005. Requires lienholder to notify owner of affected property within 60 day of filing lien with register. Revises other requirements pertaining to liens and the timely release thereof. (S: Cooper J.; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1196*
HB 1039
(Full Text) |
Bills in equity. Increases to 45 days from 30 days the time period in which a bill in equity must be filed to execute lien from the return of execution unsatisfied. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1345
HB 0660*
(Full Text) |
Registration of mortgage loan originators. Removes a person who for compensation processes or offers to process a mortgage loan from the definition of "mortgage loan broker." Allows any registrants in good standing with more than 100 employees providing services as a mortgage loan originator to register such mortgage loan originators on a quarterly report. Specifies the information the quarterly report should contain. (S: Burchett; H: Briley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 1628
HB 0997*
(Full Text) |
Investment company transfer of funds. Requires investment company to transfer funds no later than 30 days after receipt of written notice by owner of funds. (S: Norris; H: Crider)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
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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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SB 1784*
HB 1652
(Full Text) |
Lending practices. Prohibits prepayment penalties from extending beyond the first 24 months after the date of the consummation of a loan totaling $100,000 or less in the case that the loan is to be applied to home improvements to an owner-occupied residence where such residence is the collateral for the loan. (S: Herron; H: Bowers)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 1786*
HB 1713
(Full Text) |
Sale by non-judicial foreclosure. Prohibits a mortgage or deed of trust for a high-cost home loan from containing a clause giving the lender the power of sale by non-judicial foreclosure. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1787*
HB 1714
(Full Text) |
Tennessee Homeowners' Protection Act of 2005. Enacts the "Tennessee Homeowners' Protection Act of 2005" to protect the equity and property of homeowners, provide needed consumer protections and safeguard the economic vitality of the state. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 1788*
HB 1669
(Full Text) |
Notification by certified mail of pending foreclosure. Mandates a lender to notify by certified mail the owner of an impending foreclosure sale of the owner's home. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1789*
HB 1653
(Full Text) |
Location of closings for residential property. Requires closings for all loans for residential real property to be held in office of lender or agent of lender. (S: Herron; H: Bowers)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 1793*
HB 1670
(Full Text) |
Interest charged by title pledge lender decreased. Decreases the amount of interest a title pledge lender can charge to a maximum of 36 percent annually from 2 percent a month plus fees equal to one-fifth amount of pledge. Establishes penalties against lenders who charge in excess of statutory maximum interest rate. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 1794*
HB 1672
(Full Text) |
Title pledge lender regulations. Authorizes the department of financial institutions to regulate title pledge lenders. Creates new protections for title pledge borrowers. (S: Herron; H: Fitzhugh)
Senate Status: Senate Commerce, Labor & Agriculture deferred to call of the chair.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee.
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CAMPAIGNS & LOBBYING
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SB 0299
HB 0163*
(Full Text) |
Regulates state funds from use for political contributions. Prohibits any agency receiving state funds for operational expenses to use those funds for political contributions, gifts, or lobbying. (S: Bryson; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Government Ethics Subcommittee.
House Status: House State Government Subcommittee deferred to first calendar of 2006.
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SB 0301
HB 0154*
(Full Text) |
Lobbyists to file quarterly reports. Requires lobbyists to file quarterly reports instead of annual reports. (S: Bryson; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: House State Government Subcommittee deferred to first calendar of 2006.
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SB 0331*
HB 1829
(Full Text) |
Campaign contributions. Allows any corporation doing business within the state to contribute $1,000 to a candidate per election cycle. Creates a Class C misdemeanor for any candidate who accepts campaign contributions from a corporation which does not do business within the state. (S: Miller J.; H: Rinks)
Senate Status: Senate State & Local Government Ethics Subcommittee deferred to 04/18/2005.
House Status: Referred to House Elections Subcommittee.
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SB 0392*
HB 1115
(Full Text) |
Political campaign committee defined. Expands definition of political campaign committee to include organization described in section 527 of the Internal Revenue Code that receives contributions or makes expenditures to support or oppose candidates for public office in an amount over $250 in a calendar quarter. (S: Haynes; H: McMillan)
Senate Status: Senate State & Local Government Ethics Subcommittee deferred to 04/04/2005.
House Status: Referred to House Elections Subcommittee.
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SB 0429
HB 0247*
(Full Text) |
Lobbying by general assembly members. Prohibits any member of the general assembly or person employed by the legislative branch to, after leaving office, lobby any member of the general assembly until one full year has passed since leaving office. (S: Ketron; H: Stanley)
Senate Status: Senate State & Local Government Ethics Subcommittee deferred to 04/11/2005.
House Status: Failed in House State Government Subcommittee 03/15/2005.
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SB 0430
HB 0257*
(Full Text) |
Penalties for late filing of reports on campaign finances. Specifies that the penalty for filing a late report with the registry of campaign finance is a Class 2 offense punishable by a minimum penalty of $1,500 and a maximum penalty of $10,000. (S: Ketron; H: Stanley)
Senate Status: Senate State & Local Government Ethics Subcommittee deferred to 04/11/2005.
House Status: Referred to House Elections Subcommittee.
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SB 0488
HB 0285*
(Full Text) |
Filing of campaign disclosure reports. Requires that campaign disclosure reports be filed seven days prior to the day early voting begins. (S: Bryson; H: Casada)
Senate Status: Taken off notice in Senate State & Local Government Ethics Subcommittee.
House Status: Referred to House Elections Subcommittee.
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SB 0549*
HB 1137
(Full Text) |
Registration of a lobbyist's principal. Requires principal who retains or employs a lobbyist to register with registry of election finance. Sets registration fee at $25.00. Also requires principal to provide certain information relative to principal and lobbyist employed. (S: Black; H: Buck) House State and Local Government amendment 1 allows disclosure of salary be done with in a range. Specifies after $500,000 the total amount be disclosed. House State and Local Government amendment 2, as amended, prevents any registered lobbyists from paying for anything for an official of the general assembly, legislative branch, or the executive branch in and out of session.
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Failed in House Finance Budget Subcommittee 05/23/2005.
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SB 0909
HB 0792*
(Full Text) |
Fair Campaign Practices Act. Makes any organization or individual producing campaign material in an election liable for damages in a defamation action if by proof of evidence it is shown that the knowledge of the falsehood of any assertion within the campaign material existed. Requires election coordinator or county registrar-at-large to provide candidates with a copy of the code of fair campaign practices which can be signed by the candidates. (S: Miller J.; H: Dunn)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
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SB 1001*
HB 1098
(Full Text) |
PAC contribution limits. Establishes limit for amount person can contribute to a political campaign committee and multicandidate campaign committee to $5,000. Clarifies that amount does not include contributions to committee controlled by a political party on national, state, or local level or by caucus of such political party established by members of either house of the general assembly. (S: Haynes; H: McMillan) Senate State & Local amendment 1, House amendment 1 limits amount an individual can contribute to a PAC to $10,000 per calendar year.
Senate Status: Failed in Senate State & Local Government 05/17/2005 after adopting amendment 1.
House Status: House 03/21/2005 passed with amendment.
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SB 1262*
HB 2198
(Full Text) |
Affiliated political campaign committees. Requires political campaign committee receiving 15 percent or more money from one person or entity to become an affiliated political campaign committee. (S: Kyle; H: Briley) House Elections Subcommittee amendment 1 makes the bill.
Senate Status: Failed in Senate State & Local Government 05/03/2005.
House Status: Taken off notice in House State & Local Government.
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SB 1466*
HB 1171
(Full Text) |
Lobbyist registration fee increase. Increases lobbyist annual registration fee from $25.00 to $50.00. (S: Jackson; H: Buck)
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Caption, held on House clerk's desk.
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SB 1809*
HB 2075
(Full Text) |
Tennessee Lobbyist Registration and Disclosure Act. Enacts the "Tennessee Lobbyist Registration and Disclosure Act." Amends and revises regulations and rules related with lobbying and lobbyists. (S: Herron; H: Maddox)
Senate Status: Taken off notice in Senate State & Local Government Ethics Subcommittee.
House Status: Taken off notice in House State Government Subcommittee.
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SB 1810*
HB 1634
(Full Text) |
Close personal friendship gifts. Specifies that a lobbyist may not seek reimbursement for the value of a gift from a client or employer if it is a close personal friendship gift. Specifies the factors considered in determining if a gift is motivated by a close personal friendship. (S: Herron; H: McMillan)
Senate Status: Senate State & Local Government Ethics Subcommittee 03/22/2005 recommended. Sent to Senate State & Local.
House Status: Taken off notice in House State Government Subcommittee.
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HB 0298*
(Full Text) |
Political activities of the district attorney. Prohibits the district attorney from engaging in certain political activities, including holding an office in a political organization, publicly endorsing or opposing a candidate for office, and making contributions to a political organization or candidate for office. (H: Kernell)
House Status: Taken off notice in House State Government Subcommittee.
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COMMERCIAL LAW
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SB 0002*
HB 0003
(Full Text) |
Price gouging of vaccines. Prohibits the practice of price gouging of vaccines and inoculations during medical emergencies. Constitutes such practice as an unfair or deceptive act. (S: Jackson; H: Shepard) Senate amendment 2 removes manufacturers from the provisions of the bill. House amendment 1 eliminates the provision of this bill allowing the commissioner of health to issue public necessity rules and emergency rules in order to implement the provisions of this bill.
Senate Status: Senate 04/27/2005 concurred in House amendment 1.
House Status: House 03/30/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0164 (effective 05/17/2005).
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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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SB 0443*
HB 0555
(Full Text) |
Foreclosure on property. Expands list of unfair or deceptive acts or practices that violate the Tennessee Consumer Protection Act to include representing that a person has conducted a foreclosure on property when such person has not actually conducted a foreclosure on the property. (S: Fowler; H: Bunch) House amendment 1 rewrites the bill. Expands list of unfair or deceptive acts or practices that violate the Tennessee Consumer Protection Act to include representing that a person or such person's agent, authorized designee or delegee for hire has conducted a foreclosure on real property when such person knew or should have known that a foreclosure was not actually conducted on the real property.
Senate Status: Senate 05/16/2005 concurred in House amendment 1.
House Status: House 05/09/2005 passed with amendment.
Other Status: Sent to governor 05/16/2005.
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SB 0511
HB 0086*
(Full Text) |
Professional Service Corporations Act of 2005. Creates professional service corporations as opposed to professional corporations. Exempts existing professional corporations from the new requirements and allows them to convert. Limits certain professionals to membership in one professional service corporation as opposed to unlimited memberships. Requires foreign professional corporations having an office in this state to comply with the provisions of this bill. Removes professional corporations from charter filing and reporting duties. Extends the time limit for a professional service corporation to repurchase stock to 12 months. (S: Kilby; H: Ferguson)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary.
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SB 1577
HB 0309*
(Full Text) |
Business Premises Safety Act. Specifies that businesses do not have the duty to protect customers from criminal acts by a third party unless there is reasonable probability of such acts occurring. Declares that a business is not to be regarded as an insurer of the safety of its customers; establishes comparative fault when determining liability in civil actions for damages resulting from the acts of third parties. (S: Norris; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1803
HB 1610
(Full Text) |
Children's Product Safety Act of 2005. Enacts the "Tennessee Children's Product Safety Act of 2005" prohibiting the commercial sale of unsafe children's products; specifies regulations that children's products must meet. Authorizes the department of health to revoke or refuse to renew licenses for noncompliance and creates a Class C misdemeanor for willful violations. (S: Herron; H: Briley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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SB 2148
HB 2053*
(Full Text) |
Private consumer protection action - burden of proof. Increases burden of proof required in private consumer protection action by specifying that the deceptive act or practice caused the person to enter the transaction resulting in damages and that such person suffered an out-of-pocket loss. Defines "out-of-pocket loss" as the amount of money equal to the difference between the amount paid by the consumer for the good or service and the actual market value of the good or service that the consumer actually received. (S: Burchett; H: DeBerry L.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to the next meeting.
House Status: Referred to House Consumer & Employee Affairs.
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SB 2220
HB 2170*
(Full Text) |
Unauthorized breach of personal consumer information. Requires persons, businesses or government agencies that discover a breach of information security resulting in disclosure of unencrypted personal information about persons to unauthorized third parties to provide notice of such disclosure. Specifies that such personal information includes social security numbers, driver license numbers, and credit or debit card numbers. (S: Herron; H: Maddox) Senate amendment 1 stipulates that the law does not apply to any person that is subject to the provisions of Title V of the Gramm-Leach Bliley Act of 1999. House amendment 2 requires individuals who discover security violations involving 1,000 individuals or more to also notify all consumer reporting agencies and credit bureaus that compile and maintain files on consumers on a nationwide basis. House amendment 3 stipulates that the law does not apply to any person that is subject to the provisions of Title V of the Gramm-Leach Bliley
Act of 1999.
Senate Status: Senate 05/28/2005 concurred in House amendments 2 and 3.
House Status: House 05/02/2005 passed with amendment.
Other Status: Sent to governor 05/28/2005.
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SB 2226
HB 2177*
(Full Text) |
UCC protection for oil and gas business owners. Extends the Uniform Commercial Code to provide for security interest protection and priorities for certain owners of oil and gas interests. (S: Williams Mike R.; H: Armstrong)
Senate Status: Senate passed 05/16/2005.
House Status: House passed 04/27/2005.
Other Status: Sent to governor 05/16/2005.
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SB 2336
HB 2355*
(Full Text) |
Consumer Protection Act violations. Limits time to respond to division of consumer affairs request for statement regarding alleged violation of Consumer Protection Act to ten days. Broadens types of activities that constitute a violation of Consumer Protection Act. (S: Kyle; H: McMillan)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
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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 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 0474*
HB 0531
(Full Text) |
Investigations of child abuse cases. Prevents a district attorney from dismissing a child abuse case unless the district attorney general files an affidavit stating an investigation has been conducted and there is insufficient proof for a successful prosecution. (S: Crutchfield; H: Hackworth)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary Criminal Practice Subcommittee 04/12/2005.
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SB 0556*
HB 1116
(Full Text) |
Spousal rape. Redefines "victim" for purpose of sexual offenses to include defendant's spouse. Deletes separate offenses of spousal rape and spousal sexual battery. (S: Burks; H: McMillan)
Senate Status: Senate passed 05/24/2005.
House Status: House passed 05/28/2005.
Other Status: Sent to governor 05/28/2005.
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SB 0754*
HB 1349
(Full Text) |
Monitoring programs for stalkers. Authorizes court to require person convicted of stalking to be enrolled in satellite-based monitoring program for the full extent of such person's sentence. (S: Burchett; H: Briley)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
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SB 0756
HB 0431*
(Full Text) |
Deceptive business practices. Establishes that the making of false, deceptive, or misleading statements regarding a publication's circulation numbers to a person placing an advertisement in such publication is classified as an offense of deceptive business practices. Requires any publication where a person pays to place an advertisement to give a written statement of such publication's circulation numbers to the person placing the advertisement. (S: Burchett; H: Campfield)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 0921
HB 0774*
(Full Text) |
Criminal trespass on open land. Extends and clarifies definition of criminal trespass with regard to land that is open to the public and private land. (S: Miller J.; H: McCord) Senate amendment 1 rewrites the bill. Changes from present law requirement that in order for someone to be considered as committing the crime of trespassing the accused must have entered or remained on land with knowledge that they did not have the landowner's consent to do so. Requires land to be posted with "no trespassing" signs at all entrances and exits and posted with florescent markings every 50 yards, in the same manner as land is marked to indicate that hunting is by permission only under present law, in order for legal inference to be made based upon signage. House amendment 1 rewrites the bill. Changes from present law requirement that in order for someone to be considered as committing the crime of trespassing the accused must have entered or remained on land with knowledge that they did not
have the landowner's consent to do so. Requires land to be posted with "no trespassing" signs at all entrances and exits and posted with florescent markings every 50 yards, in the same manner as land is marked to indicate that hunting is by permission only under present law, in order for legal inference to be made based upon signage.
Senate Status: Senate 05/16/2005 passed with amendment.
House Status: House 05/18/2005 concurred in Senate amendment 1.
Other Status: Sent to governor 05/16/2005.
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SB 0966*
HB 1052
(Full Text) |
Bad check restitution program. Increases to $10.00 from $15.00 the application fee charged to victims as part of the bad check restitution program and the handling fee paid by violator to holder of check. (S: McNally; H: Hargett)
Senate Status: Referred to Senate Finance, Ways & Means from Senate floor 03/02/2005.
House Status: Caption bill held on House clerk's desk.
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SB 1123*
HB 1724
(Full Text) |
Abolishment of death penalty. Abolishes the death penalty. Specifies that effective date is July 1, 2005 and applies to any person currently sentenced to death. Specifies that all persons sentenced to a penalty of death are to have their sentences commuted to life without parole. (S: Ford J.; H: Turner L.)
Oversight Corrections Committee comment: Oversight Corrections Committee adopted and released to full committee with additional remark that currently all death row inmates are housed in expensive maximum security units. If sentences were commuted to life without parole, current department of correction policies would permit a reclassification process that could result in certain death row inmates being classified to a lower security level with significantly lower costs. Because the department of correction would also be relieved of its duties to place inmates on death watch and to carry out all of the other steps necessary for executions, the need for extra staff to
cover
these responsibilities would be reduced.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee.
Other Status: Oversight Corrections Committee 03/07/2005 reviewed, comment adopted and released to full committee.
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SB 1134*
HB 1192
(Full Text) |
Bench trial acquittal merits expungement. Specifies that a person who is acquitted as the result of a bench trial as well as a jury trial is entitled to have the records of such case expunged. Also specifies that a person applying for the expungement of records because the charge or warrant was dismissed in court as a result of the successful completion of a pre-trial diversion program will be charged a fee of no more than $25.00 for such expungement of records. Clarifies that a sexual offense or violent sexual offense cannot be expunged following judicial diversion as well as pre-trial diversion. (S: Cooper J.; H: Buck) House amendment 1 rewrites the bill. Specifies a person applying for the expungement of records because a charge was dismissed will be charged the appropriate court clerk's fee for destroying such records. Specifies a person can get an expungement of records if a verdict of not guilty was returned, whether by the judge following a bench trial or by
jury.
Tennessee Judicial Council comment: Judicial Council released to full committee with comment that the bill might conflict with proposed court costs legislation.
Senate Status: Referred to Senate Judiciary.
House Status: House 05/24/2005 passed with amendment.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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SB 1222*
HB 1050
(Full Text) |
Prior notification to principal of delinquent's return. Requires the court to ensure that a principal is notified before the day a child returns to school following probation for certain delinquent offenses. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1249*
HB 1200
(Full Text) |
Unauthorized practice of law. Increases penalty for unauthorized practice of law to a Class E felony, punishable by fine only. Current law specifies that penalty is a Class A misdemeanor. (S: Fowler; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1453*
HB 1161
(Full Text) |
Nominal damages recovered in civil actions. Increases the amount of nominal damages a plaintiff must recover in certain civil actions to be entitled to recover full costs from $5 to $10 dollars. Includes actions founded upon assault, battery, malicious prosecution, false imprisonment or recovery of damages for overflowing of water by building of gristmill or other waterworks. (S: Jackson; H: Buck)
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1455*
HB 1197
(Full Text) |
Defense for orders of protection. Establishes as defense to any charge of civil or criminal contempt arising from contact prohibited by protection order or consent agreement in domestic abuse case fact that petitioner initiated or consented to contact. (S: Jackson; H: Buck)
Senate Status: Senate Judiciary deferred to 03/15/2005.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1546*
HB 1406
(Full Text) |
Ex-felons allowed to vote. Enacts the "Voters Rights Restoration Act" which authorizes persons convicted of a felony to be able to vote upon completion of their sentence. Excludes persons convicted of rape, treason or voter fraud. (S: Kilby; H: Tindell)
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the bill will have a positive impact on the judiciary committee. Oversight Corrections Committee comment: Oversight Corrections Committee adopted and released to full committee with additional remark that the department of corrections give each inmate upon release a document certifying their release and a written statement that their voting rights have been restored. This requirement should have a minimal impact on the department.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
Other Status: Oversight Corrections Committee 03/07/2005 reviewed, comment adopted and released to full committee.
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SB 1678*
HB 1722
(Full Text) |
Restoration of citizens' rights. Revises procedures by which convicted felons citizens' rights are to be restored. (S: Cohen; H: Turner L.) House amendment 2 specifies that if the restitution is not fully paid, the person seeking restoration of voting rights must file a plan to set up a schedule of payments, with a copy of such plan being sent to the attorney general. Senate amendment 1 requires a certificate be approved by board of elections before voting rights can be restored. Senate amendment 2 changes to reference parts 1, 2, or 5 rather than parts 1, 2, 5, or 6. Specifies that restitution must be paid in full. Senate amendment 3, as amended, makes applicable to those convicted on or after July 1, 2005, and states that voter rights may not be restored to those convicted of sexual felonies in which the victims are minors.
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the provision was very similar to
other
proposed legislation and that one consolidated bill would be preferable. The council also advised that a hearing before a judge was advisable before a convicted felon has full rights restored but that the process should not necessitate legal counsel because of the financial burden to the convicted person. Oversight Corrections Committee comment: Oversight Corrections Committee adopted and released to full committee with additional remark that the issuance of the certificates would add minimal extra responsibilities to the duties of the board of probation and paroles, the department of corrections and local jails.
Senate Status: Senate 05/04/2005 passed with amendment.
House Status: Motion to reject failed 05/24/2005. House re-referred to House Calendar & Rules.
Other Status: Oversight Corrections Committee 03/07/2005 reviewed, comment adopted and released to full committee.
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SB 1693
HB 0444*
(Full Text) |
Failure to appear penalty. Increases the penalty for failure to appear in court when charged with a felony to one classification lower than the highest classification offense for which the defendant is charged but always less than a Class E felony. (S: Hagood; H: Fowlkes) Senate Judiciary amendment 1 rewrites the bill. Makes the failure to appear in court for first degree murder, Class A felony, or Class B felony charges punishable by a Class C felony. Makes the failure to appear in court for Class C misdemeanor, Class D misdemeanor, or Class E misdemeanor charges punishable by a Class E misdemeanor.
Senate Status: Senate Judiciary 05/18/2005 recommended with amendment. Sent to Senate Finance, Ways & Means.
House Status: House Judiciary 05/10/2005 recommended. Sent to House Finance, Ways & Means.
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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 1871*
HB 1698
(Full Text) |
Substance Abuse and Crime Prevention Act of 2005. Enacts the "Substance Abuse and Crime Prevention Act of 2005" to authorize the creation of drug courts in each judicial district to rehabilitate drug dependant persons who have been charged with nonviolent criminal offenses. (S: Herron; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1928*
HB 2217
(Full Text) |
Documentation provided by illegal immigrants. Establishes that it is a Class C felony for any immigrant who is not a legally documented immigrant to the United States to provide any public servant with documentation that states that the immigrant is a legally documented immigrant for the purpose of receiving any public benefit provided by the state to indigent persons including TennCare, educational scholarships, public housing, and financial benefits. (S: Jackson; H: Buck) Senate amendment 1, House Judiciary amendment 1 clarifies that it will be an offense for any person to provide any public servant with documentation knowing that the documentation is false, for the purpose of receiving any public benefit. House Budget Subcommittee amendment 1 changes Class C felony to Class A misdemeanor.
Senate Status: Senate 05/25/2005 passed with amendment.
House Status: House Finance Budget subcommittee re-referred to House Judiciary.
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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 2201
HB 2249*
(Full Text) |
Restoration of citizenship rights for convicted felons. Revises procedures for restoring citizenship rights to convicted felons. Prohibits persons convicted of murder, rape, treason or voter fraud on or after July 1, 1996 from ever being eligible to register and vote in this state. (S: Crutchfield; H: McMillan)
Senate Status: Senate Judiciary deferred to 04/19/2005.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
Other Status: Deferred in Judicial Council to 04/07/2005.
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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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ECONOMIC DEVELOPMENT
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SB 0705*
HB 1960
(Full Text) |
Qualified public use facility defined. Expands definition of "qualified public use facility" for purposes of convention center and tourism financing to include any privately owned or operated project located in a tourism development zone that involves a local investment of public funds in excess of $75,000,000, and is reasonably anticipated to attract private investment in the tourism development zone of more than $50,000,000 after January 1, 1998. (S: Haynes; H: Turner M.) House State & Local Government amendment 1 adds as a "qualified public use facility" any privately owned or operated project located in a tourism development zone that involves a local investment of public funds in excess of $75 million and is reasonably anticipated to attract private investment in the tourism development zone of more than $50 million after January 1, 1998.
Senate Status: Senate Finance 05/25/2005 referred to Senate Finance Tax Subcommittee.
House Status: Taken off notice in House Finance Budget Subcommittee.
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EDUCATION
|
SB 0948*
HB 1317
(Full Text) |
Parental participation in school processes. Requires the board of education to develop a program requiring parental participation in the educational process of no more than twelve hours per year for parents with a child or children in grades kindergarten through four; permits the board of education to develop such program in grades five through twelve as it sees fit. (S: Ford J.; H: DeBerry L.) House Education amendment 1 makes the bill. Specifies that it is the duty of the board of education of each school district to develop a program for parental involvement with children enrolled in grades kindergarten through four. States that each LEA has a goal of 12 hours of parent participation. Authorizes each local board of education to establish a program for the voluntary participation of parents or legal guardians in the educational and teaching process at the school in which the parent or legal guardian has one or more children enrolled in grades five through twelve.
Senate Status: Taken off notice in Senate Education.
House Status: House deferred to 2006.
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SB 0997*
HB 2098
(Full Text) |
BEST program. Provides that the restrictions imposed by the board of trustees of the BEST fund program on substituting beneficiaries for pre-paid tuition credits be at least as stringent as federal tax laws that are applicable to the program. (S: Haynes; H: Davidson)
Senate Status: Referred to Senate Education.
House Status: Referred to House Higher Education Subcommittee.
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SB 1986*
HB 1898
(Full Text) |
Med school loans offered in exchange for service to state. Makes loan-scholarships available to Tennessee residents attending public medical schools in Tennessee in exchange for service in certain areas of medical need after completing medical school. (S: Finney; H: Hensley)
Lottery Oversight Committee comment: Lottery Oversight Committee released to full committee with additional remark that it was unfavorable because the fiscal note was too large.
Senate Status: Taken off notice in Senate Education.
House Status: Referred to House Government Operations.
Other Status: Lottery Oversight Committee 03/30/2005 released to standing committees with unfavorable comment.
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SB 2288
HB 2301*
(Full Text) |
American history credit hour requirement. Increases the American history requirement for a baccalaureate degree from six credit hours to nine or twelve credit hours. (S: Kyle; H: McMillan)
Senate Status: Re-referred to Senate Calendar Committee 05/25/2005.
House Status: Taken off notice in House Education.
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HJR 0096
(Full Text) |
Academic Bill of Rights for Public Higher Education. Urges adoption of Academic Bill of Rights for Public Higher Education. (H: Campfield)
House Status: Referred to House Higher Education Subcommittee.
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ENTERTAINMENT
|
SB 1266
HB 0718*
(Full Text) |
Amusement Ride and Attraction Safety Act. Establishes the Amusement Ride Safety Board which must include as one of its members the state fire marshal or the marshal's designee to oversee and regulate entities deemed amusement rides. Establishes certain regulations for operating such amusement rides such as inspection schedules and insurance requirements. (S: Ramsey; H: Montgomery) Senate amendment 1 rewrites the bill. Raises the dollar amount for insurance from $250,000 to $1,000,000. Creates a permit fee of $25 for each roller coaster. House amendment 3 specifies that proof of insurance and inspection must be by an authorized insurer and clarifies that the owner or operator must be insured against liability for bodily injury and property damage arising from the use of an attraction or ride.
Senate Status: Senate 05/26/2005 concurred in House amendment 3.
House Status: House 05/24/2005 passed with amendment.
Other Status: Sent to governor 05/26/2005.
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ENVIRONMENT & NATURE
|
SB 0142*
HB 1328
(Full Text) |
Stop work order issued when mining pollutes water. Allows the commissioner of environment and conservation to issue a stop work order when surface mining activities have polluted waters. (S: Jackson; H: Coleman)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Referred to House Conservation Environment Subcommittee.
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SB 0463*
HB 1553
(Full Text) |
Proposed landfill notice. Allows a county legislative body to inform interested persons of a proposed landfill by posting a public notice on the internet, (S: Williams Mike R.; H: Odom)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Caption held on House clerk's desk.
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SJR 0041
(Full Text) |
Constitutional amendment - hunting and fishing. Proposes an amendment to the Constitution of Tennessee to create a right to hunt, fish, trap and harvest wild birds, fish and game. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
SJR 0043
(Full Text) |
Constitutional amendment - hunting and fishing. Proposes an amendment to the Constitution to add provisions establishing the right to hunt, fish, and harvest game subject to reasonable rules and regulations. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
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SJR 0044
(Full Text) |
Constitutional amendment - hunting and fishing. Proposes an amendment to the Constitution to add provisions establishing the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. (S: Jackson) Senate amendment 7 revises the proposed constitutional amendment so that the language would appear in Article XI, Section 13. Clarifies that game and fish belong to the state of Tennessee and that the state has the right to regulate the activities of hunting and fishing. Creates a presumption of validity and a standard of rational basis review. States that nothing shall be construed to abrogate the rights of any property owner. Senate amendment 9 specifies that the constitutional amendment protects hunting techniques which had been legal as of ten years prior.
Senate Status: Senate 05/24/2005 adopted with amendments 7 and 9.
House Status: House Conservation & Wildlife Subcommittee recommended 05/27/2005 to House Conservation & Environment for study.
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HJR 0035
(Full Text) |
Constitutional amendment - hunting. Proposes and amendment to the Constitution that adds provisions establishing the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. (H: Casada)
House Status: Withdrawn in House 03/10/2005.
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HJR 0104
(Full Text) |
Constitutional amendment - hunting. Proposes amendment to create constitutional right to hunt, fish, and trap and harvest wild birds, fish, and game subject to reasonable restrictions prescribed by law. (H: McDonald) House Conservation & Environment amendment 1 rewrites the bill. Clarifies that game and fish belong to the state of Tennessee and that the state has the right to regulate the activities of hunting and fishing. Creates a presumption of validity and a standard of rational basis review. States that nothing shall be construed to abrogate the rights of any property owner. Adds the words, "including with dogs," after the words, "hunting" and "hunt."
House Status: Taken off notice in House Finance Budget Subcommittee.
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ESTATES & TRUSTS
|
SB 0866*
HB 1005
(Full Text) |
Rules for removal of executor/administrator same as trustee. Clarifies that the procedure for removal of executor or administrator is the same as the removal of a trustee. (S: Fowler; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 0870*
HB 1009
(Full Text) |
Execution of a will. Clarifies that the requirements concerning the execution of a will do not apply to trusts and only apply to the execution of a person's last will and testament or to a codicil to such will. (S: Fowler; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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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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SB 1177*
HB 1428
(Full Text) |
Appointments of personal representatives. Permits appointments of personal representatives to be made out of court provided that such personal representative has taken oath, filed bond, and all beneficiaries of the estate have consented and waived a court appointment. (S: Bryson; H: West)
Senate Status: Senate passed 03/07/2005.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1191*
HB 1044
(Full Text) |
Copies of filed exceptions. Increases to ten days from five days the time period in which a clerk after the filing of exceptions to the clerk's decision must mail copies of the exceptions to the personal representative and the personal representative's attorney of record. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1193*
HB 1042
(Full Text) |
Demands against decedent. Lowers the number of years time after a decedent's death in which personal representative may be sued for demands against decedent from seven years to six years. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Held on House clerk's desk.
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SB 1218*
HB 1046
(Full Text) |
Wills for members of armed forces. Reduces from ten to nine years the 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: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1219*
HB 1045
(Full Text) |
Filing of informational forms by fiduciary. Requires a fiduciary obtaining knowledge of the escheat of property in their custody or control to file a report with the state treasurer within sixty days. (S: Miller J.; H: Mumpower)
Senate Status: Referred to Senate Judiciary.
House Status: Held on House clerk's desk.
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SB 1221*
HB 1048
(Full Text) |
Execution and recording of descriptive instrument. Increases to 45 days from 30 days the time after which a successor or remaining trustee must execute and record a descriptive instrument of a trust if the removed trustee fails to file such instrument. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1275
HB 1222
(Full Text) |
Compensation of guardians. Decreases compensation of guardians from 7 to 5 percent of monies received. (S: Ramsey; H: Hargett)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption, held on House clerk's desk.
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SB 1612*
HB 1274
(Full Text) |
Notification of a foreclosed land sale. Requires thirty days instead of twenty days the time in which an advertisement must be ran in a local newspaper announcing the sale of land to foreclosure a deed of trust, mortgage, lien securing the payment of money. Specifies that a feasibility study be conducted by the secretary of state to determine whether notices of foreclosure could be filed and published on the secretary of state's web site. (S: Norris; H: Stanley)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Civil Practice Subcommittee.
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FAMILY LAW
|
SB 0009*
HB 0075
(Full Text) |
Covenant marriages. Establishes covenant marriages in Tennessee. Requires man and woman contracting a covenant marriage to receive counseling emphasizing the nature and purpose of marriage. Specifies grounds for terminating covenant marriage. Permits previously married couples as of October 1, 2005 to designate their marriage as a covenant marriage. (S: Bryson; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
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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 0215*
HB 0334
(Full Text) |
Civil unions and domestic partnerships not recognized. Specifies that civil unions and domestic partnerships involving individuals of the same sex that are recognized in other states are not legally recognized in this state and become void. Prohibits the legal recognition of civil unions and domestic partnerships involving individuals of the same sex in this state. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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SB 0625
HB 0644*
(Full Text) |
Child support guidelines. Specifies that child support guidelines will be reviewed by the department of human services every three years. Specifies that the department will make recommendations for any revisions to the supreme court. (S: Black; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations 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.
|
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 0834
HB 0760*
(Full Text) |
Child support guidelines - stay-at-home parents. Requires that the child support guidelines not designate a stay-at-home parent of a child who is six or younger or is not yet in first grade to be willfully and voluntarily unemployed or underemployed. Requires that the child support guidelines not attribute any income to that parent other than income the parent actually earned. (S: Black; H: Clem) House Children & Family Affairs Committee amendment 1 specifies that the stay-at-home parent must be the primary residential parent, deletes "or is not yet in first grade," and defines "child" as "the biological or adopted child of both parties." Senate amendment 1 substitutes "primary residential parent" for "parent" in regard to a parent being willfully or voluntarily unemployed. Removes the references to a child not yet in first grade. Specifies that "child" would mean the biological or adoptive child of both of the parties subject to the child support proceeding, and would not
include any child who is the biological or adoptive child of only one of the parties. Senate amendment 3 requires the parent to actually stay home to care for a child and for the court to determine that the income calculation is in the best interests of the child in order for a court to find that a primary residential parent who is not fully employed due to staying home to care for his or her children is not willfully unemployed or underemployed. Authorizes the court to consider a parent's past income, wealth, and other financial holdings when determining whether a parent should be attributed earned income. Senate amendment 4 further clarifies that this bill would authorize courts to consider a parent's past income, wealth, and other financial holdings when determining whether a parent should be attributed any type of income.
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate 05/26/2005 passed with amendments.
House Status: House Calendar & Rules deferred to January 2006.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
|
SB 0914
HB 0751*
(Full Text) |
Civil unions and domestic partnerships. Prohibits the state from legally recognizing civil unions and domestic partnerships between individuals of the same gender. Prohibits the recognition of any similar relationship recognized as a legal relationship in any other state. (S: Miller J.; H: Clem)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Relations Subcommittee.
|
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.
|
SB 1183
HB 0941*
(Full Text) |
Equally shared parenting in custody arrangements. 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: Withdrawn in Senate 02/23/2005.
House Status: Referred to House Domestic Relations Subcommittee.
|
SB 1256*
HB 1728
(Full Text) |
Interpreters in adoption proceedings. Requires an interpreter to explain adoption proceedings and documents to persons not fluent in English who are surrendering a child or children. (S: Kyle; H: Kernell) Senate amendment 1 deletes the requirement that interpreter shall explain all proceedings and the documents arising out of adoption. Senate amendment 2 modifies provisions of bill by requiring adopting parents to pay for the interpreter. Senate amendment 3 requires prospective adoptive parents to pay the cost of the interpreter.
Senate Status: Senate 05/26/2005 passed with amendments.
House Status: House passed 05/27/2005.
Other Status: Sent to governor 05/27/2005.
|
SB 1524*
HB 2206
(Full Text) |
Guardians ad litem and training. Mandates that a guardian ad litem receive training on a regular basis as required by the administrative office of the courts, rather than only prior to such guardian's appointment, as current law states. Broadly captioned. (S: Jackson; H: Buck)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 1625*
HB 1049
(Full Text) |
Child support case hearings. Lowers the number of days in which a hearing for a child support case that is not being enforced pursuant to Title IV-D of the Social Security Act must be heard after service of process to 30 from 45 days. (S: Black; H: Hargett)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 1663*
HB 1921
(Full Text) |
Petition to have juvenile delinquent records expunged. Permits juvenile court adjudication records to be expunged provided that the petitioner is at least 21 years of age, at least seven years removed from his or her most recent juvenile adjudication, has never been convicted of a criminal offense as an adult, and has maintained exemplary conduct for seven years since such adjudication. (S: Harper; H: Pruitt) Senate amendment 1, House amendment 1 makes the bill. Sets conditions to clarify that a juvenile court judge may expunge records in juvenile court cases. Changes age under such provision from 21 to 18. House amendment 2 removes authorization to expunge law enforcement records. House amendment 3 specifies the court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the petitioner has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from
juvenile court, and has never been convicted of a sexual offense.
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the definition of upstanding citizen in the current language is vague and that juvenile court already has some expunging authority.
Senate Status: Senate 05/27/2005 concurred in House amendments 2 & 3.
House Status: House 05/26/2005 passed with amendments.
Other Status: Sent to governor 05/27/2005.
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SB 1694
HB 0700*
(Full Text) |
Tennessee child support guidelines advisory committee. Suspends the child support guidelines and reinstates the guidelines in effect as of January 17, 2005. Creates the Tennessee child support guidelines advisory committee to review, draft and recommend child support guidelines for use in Tennessee courts. (S: Haynes; H: Jones S.) House Government Operations amendment 1 reduces to six months instead of two years the time in which the committee would return and give report.
Senate Status: Referred to Senate Judiciary.
House Status: House Family Justice Subcommittee deferred to 2006.
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SB 1715*
HB 1433
(Full Text) |
Personal service of ex parte order of protection required. Requires that ex parte order of protection be personally served upon the respondent unless the respondent is not a Tennessee resident. Specifies a petition may be filed in the county where the petitioner presides if the respondent is not a resident of Tennessee. Requires ex parte order of protection to be personally served unless respondent lives out of state; and clarifies that if respondent lives out of state, venue for order is county of petitioner's residence. (S: Person; H: Jones S.)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate passed 03/14/2005.
House Status: House passed 04/04/2005.
Other Status: Enacted as Public Chapter 0075 (effective 04/18/2005).
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SB 1736
HB 0998*
(Full Text) |
Ex parte order of protection. Requires that ex parte order of protection be personally served upon the respondent. (S: Person; H: Fowlkes)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate Judiciary deferred to 03/29/2005.
House Status: Taken off notice in House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 1755
HB 0565*
(Full Text) |
Violation of domestic violence order. Creates Class A misdemeanor offense of violation of a domestic violence order for individual who knowingly violates an order of protection or restraining order against a domestic violence victim. Specifies that the penalty for violation of a domestic violence order is to be served consecutively to the penalty for violation of an order of protection. (S: Person; H: Towns) Senate Judiciary amendment 1, House Children & Family Affairs Committee amendment 1 makes the bill and establishes violation of order of protection as a Class A misdemeanor. Senate Judiciary amendment 2, House Children & Family Affairs Committee amendment 2 ensures due process and defines domestic abuse.
Senate Status: Senate Finance, Ways & Means 05/17/2005 recommended. Sent to Calendar Committee.
House Status: Failed in House Finance Budget Subcommittee 05/23/2005.
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SB 1759*
HB 1961
(Full Text) |
Guardian ad litem and Protective Parent Reform Act. Deletes the provision in the Protective Parent Reform Act requiring a guardian ad litem to follow supreme court rule 40 relative to guidelines for juvenile court neglect, abuse, and dependency proceedings. (S: Person; H: Stanley)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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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 1807*
HB 1664
(Full Text) |
Termination of child support orders. Specifies that child support orders may be modified as of the date that the child reaches 18 years of age notwithstanding the date that the department files a petition to modify or terminate the order. Requires the department of human services to seek termination of child support orders and provide the obligee with notice of the filing of the petition to terminate such order. (S: Herron; H: Maddox)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in 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 1890*
HB 1903
(Full Text) |
Informed consent required prior to abortion. Requires informed consent prior to an abortion; Also requires a 24-hour period of reflection prior to an abortion. Provides for an exception to regulation to preserve the life or health of the woman. (S: Herron; H: Pinion)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Health and Family Assistance Subcommittee.
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SB 1924*
HB 2230
(Full Text) |
Homosexuals barred from becoming foster parent. Prevents a person from serving as a foster parent if an adult member of that person's household is a homosexual, or if that person is a homosexual. (S: Jackson; H: Buck)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Family Justice Subcommittee.
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SB 1930*
HB 2234
(Full Text) |
Homosexuals barred from adoption. Prevents a person from being eligible to adopt if that person is a homosexual. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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SB 1948
HB 0780*
(Full Text) |
Civil damages in divorce cases. Authorizes any court to grant pain and suffering, alienation of affection, or punitive damages from the marital property to a spouse who can prove by clear and convincing evidence that the other spouse committed adultery, abandoned the spouse, or physically abused the spouse within the previous year if the spouse seeking the damages did not commit adultery, abandon or physically abuse their spouse within the same time period. (S: Fowler; H: Clem) House Children & Family Affairs amendment 1 makes technical corrections.
Tennessee Judicial Council comment: Judicial Council released with comment that bill would substantially and materially complicate divorce court proceedings by marrying civil divorce with common law tort. Members discussed the difficulty in proving a negative.
Senate Status: Senate Judiciary deferred to 04/26/2005.
House Status: House Children & Family Affairs deferred to 2006.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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SB 1955
HB 1394*
(Full Text) |
Removal of marriage license fees used to fund mediation. Removes the requirement that additional marriage license fees shall be imposed to pay for mediation and education for divorcing parents. Reinstates the previous funding scheme for the costs of mediation. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
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SB 1961
HB 1380*
(Full Text) |
Termination of parental rights by other parent. Authorizes a parent to terminate the parental rights of another parent in adoption petitions. (S: Crowe; H: Cochran)
Senate Status: Senate Judiciary deferred to 2006.
House Status: House passed 05/05/2005.
|
SB 2073
HB 2147*
(Full Text) |
Child visitation, support and custody policies. Specifies that parent, who has been victimized by the other parent's intentional violation of the court's order of visitation, may petition the court for a finding that the other parent is not in compliance with the visitation order; provided, prior to the most recent violation, the victimized parent must have attempted to notify the other parent by certified mail at the other parent's last known address, that subsequent violations will be subject to sanctions. Also requires notice that is served on parent in violation to state that a request for a hearing must be made in writing and must be received by the court within 30 days of service. Current law specifies that notice must be received within 20 days. (S: Cooper J.; H: DeBerry J.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Deferred in Judicial Council to 04/07/2005.
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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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SB 2162
HB 2056*
(Full Text) |
Appeals of actions relative to child support. Limits petition of review of fiscal decision or action of the department of human services in regard to child support to three years from the time the department took such action. (S: Crowe; H: Cochran)
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been taken off notice.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
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SB 2164
HB 2031*
(Full Text) |
Legal parentage rights - assisted reproduction. Establishes legal parentage rights involving assisted reproduction, including in vitro fertilization and transfer of embryos. (S: Finney; H: Clem)
Senate Status: Senate Judiciary deferred to 05/03/2005.
House Status: Referred to House Domestic Relations Subcommittee.
|
HB 0365*
(Full Text) |
Notices for ex parte orders of protection. Requires the court to serve a copy of the petition, the date of the hearing, and a copy of the ex parte order of protection personally upon the respondent five days prior to the hearing. (H: Bowers)
House Status: Withdrawn in House 04/04/2005.
|
HB 2203*
(Full Text) |
Annual income reporting requirements deleted. Deletes the provision requiring the obligor in a permanent parenting plan to annually report his or her income to the obligee and the department of human services. (H: Buck)
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been taken off notice.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment.
|
HJR 0010*
(Full Text) |
Constitutional amendment to define marriage. Proposes an amendment to the state constitution specifying that marriage can only be defined as a contract between one man and one woman. (H: Newton)
House Status: Taken off notice in House Children & Family Affairs.
|
HJR 0024
(Full Text) |
Constitutional amendment - defines marriage. Proposes an amendment to Article XI of the Constitution of the State of Tennessee to define marriage as a contract between one man and one woman. (H: Dunn)
House Status: Set for House floor 03/14/2005 after being heard on floor for first consideration 03/10/2005.
|
GOVERNMENT CONTRACTS
|
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 circumstancesys of payment and failure to do so will result in a Class C misdemeanor. Specifies that the disclosure requirements apply if the person or entity who pays the compensation knows that such person or entity is paying an official and that such person or entity who pays the compensation does business with or seeks to do business with the unit of government that is served by the official who was compensated. Specifies that making a prohibited payment of compensation to an official for consulting services as a Class C misdemeanor. Senate amendment 1 rewrites the bill and makes it a Class C misdemeanor for any of the following to receive compensation for consulting services from any person or entity that does business with the state or is seeking to do business with the state: member or member-elect of the general assembly; governor or member of the governor's staff; secretary of state, treasurer, or comptroller; member or member-elect of a local legislative body. Senate amendment 2
removes the bill's exemption for lobbying services disclosed under the present lobbying provisions. Senate amendment 3 changes penalty from a Class C misdemeanor to a Class A misdemeanor. Senate amendment 4 adds immediate family members to criminal portion of legislation. Senate amendment 7 increases penalty to Class C felony. Senate amendment 8 clarifies provisions of bill. Senate amendment 12 grandfathers in family members who may be providing consulting services at the time bill goes into effect. Senate amendment 14 adds county mayors and mayors to provisions of bill. Senate amendment 5, as amended, requires certain disclosures by member of a municipal or county legislative body, member-elect of a municipal or county legislative body, or the immediate family of such persons, who receives any earned taxable income for federal income tax purposes, other than for providing consulting services, from any person or entity, whether located in this state or out-of-state, knowing that such
person or entity does business with the municipality or county represented by such official or is seeking to do business with the municipality or county represented by such official, any subsidiary of such person or entity.
Senate Status: Senate adopts conference committee report 04/25/2005.
House Status: House adopts conference committee report 04/21/2005.
Other Status: Enacted as Public Chapter 0102 (effective 07/01/2005).
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GOVERNMENT ORGANIZATION
|
SB 0358*
HB 1329
(Full Text) |
Contested case hearings. Requires that the administrative judge or hearing officer consider the rights of all parties if a petition for intervention is granted in a contested case hearing. (S: Ford J.; H: DeBerry L.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
|
SB 0940*
HB 1446
(Full Text) |
Sunset - advisory council on workers' compensation. Extends sunset date of Workers' Compensation Advisory Council to 6/30/09. (S: Harper; H: Kernell)
Senate Status: Senate passed 05/24/2005.
House Status: House passed 05/18/2005.
Other Status: Sent to governor 05/24/2005.
|
SB 1109*
HB 1494
(Full Text) |
Sunset - judicial council. Sunsets the judicial council on June 30, 2010. (S: Harper; H: Kernell) Senate amendment 1 changes from six years to four years.
Senate Status: Senate 03/09/2005 passed with amendment.
House Status: House passed 03/30/2005.
Other Status: Enacted as Public Chapter 0063 (effective 07/01/2005).
|
SB 1217*
HB 1018
(Full Text) |
Vacancy on TN code commission. Creates method to fill vacancy on Tennessee code commission if member incapacitated. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 1364*
HB 1448
(Full Text) |
Sunset - medical care and cost containment committee. Sunsets Medical Care and Cost Containment Committee on 6/30/09. Contains broad caption. (S: Harper; H: Kernell)
Senate Status: Senate passed 05/24/2005.
House Status: House passed 05/18/2005.
Other Status: Sent to governor 05/24/2005.
|
SB 1367*
HB 1442
(Full Text) |
Administrative procedure UAPA. Continues permanent rules filed with secretary of state after January 1, 2004. (S: Harper; H: Kernell) Senate amendment 1 directs the department of human services income shares advisory committee to meet and confer with the joint government operations committees on or before August 1, 2005. House amendment 1 directs representatives of the department of human services income shares advisory committee to meet and confer with the joint government operations committees on or before October 1, 2005, regarding matters relative to the implementation and effectiveness of child support guidelines.
Senate Status: Senate 05/28/2005 non-concurred in House amendment 1.
House Status: House 05/27/2005 passed.
Other Status: Sent to governor 05/28/2005.
|
SB 1387*
HB 1478
(Full Text) |
Sunset - private investigation and polygraph commission. Sunsets the private investigation and polygraph commission on June 30, 2009. (S: Harper; H: Kernell)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 1388*
HB 1479
(Full Text) |
Sunset - collection service board. Sunsets the collection service board on June 30, 2009. (S: Harper; H: Kernell)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 2119
HB 1984*
(Full Text) |
Legislative ethics commission. Creates a legislative ethics commission. Sets qualifications for commissioners and members. (S: Ketron; H: Lynn)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Taken off notice in House State Government Subcommittee.
|
SB 2250
HB 2263*
(Full Text) |
Government Reduction Act of 2005. Terminates several governmental entities on June 30, 2005, including the aquaculture advisory board, advisory council, Cordell Hull birthplace, employee leasing advisory board, film, entertainment and music advisory council and the long-term care services advisory council. Also repeals Industrial Finance Corporation Act. (S: Kyle; H: McMillan) House amendment 1 clarifies that such entities are de facto, no longer exist, and are not meeting. Deletes the year wind down and specifies that all will terminate on June 30, 2005.
Senate Status: Referred to Senate Government Operations.
House Status: House 04/21/2005 passed with amendment.
|
GOVERNMENT REGULATION
|
SB 0300
HB 0165*
(Full Text) |
General assembly - open meetings required. Requires all meetings of the general assembly, including subcommittees, and standing and ad hoc committees, to be open to the public at all times so long as a quorum is present. (S: Bryson; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Government Ethics Subcommittee.
House Status: Referred to House State Government Subcommittee.
|
SB 0661
HB 0056*
(Full Text) |
Use of electronic media for public notices. Permits any notice required by law to be published in the newspaper to be published by radio, television broadcast, cable television, or other electronic media when this method is determined more effective. Requires such notice to be published on web site of the agency, authority, or official and the electronic media source. Also requires notice remain in the archives of each electronic web site for a minimum of two years from the date of publication. Broadly captioned. (S: Fowler; H: Shaw) House Judicial Administration Subcommittee amendment 1 removes the provision that any person may publish such notice.
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Failed in House Judicial Administration Subcommittee 04/13/2005.
|
SB 1483*
HB 1106
(Full Text) |
Anti-Spam Act of 2005. Replaces existing legislation concerning unsolicited electronic mail. Creates misdemeanors for various offenses related to the proliferation and dispensation of unsolicited electronic mail. (S: Jackson; H: McMillan)
Senate Status: Senate Commerce, Labor & Agriculture deferred to the next meeting.
House Status: Referred to House Government Operations.
|
SB 1690*
HB 1239
(Full Text) |
Open Records Act applicable to general assembly. Makes Open Records Act applicable to general assembly or committee, subcommittee, or ad hoc committee of general assembly. (S: Ketron; H: Casada)
Senate Status: Senate State & Local Government Ethics Subcommittee 04/11/2005 did not recommend this bill.
House Status: House Judiciary Constitutional Protections Subcommittee deferred to summer study.
|
SB 1691*
HB 1238
(Full Text) |
Open Meetings Act applicable to general assembly. Applies Open Meetings Act to general assembly or committee, subcommittee, or ad hoc committee of general assembly when a quorum is present. (S: Ketron; H: Casada)
Senate Status: Senate State & Local Government Ethics Subcommittee 04/11/2005 did not recommend this bill.
House Status: Failed in House State Government Subcommittee 05/10/2005.
|
HEALTH CARE
|
SB 0008*
HB 0905
(Full Text) |
Providers must notify law enforcement of DUI evidence. Requires health care provider to immediately notify law enforcement officer or entity if there is reasonable belief that a person operating a vehicle involved in a collision is intoxicated or under the influence of one or more drugs that may impair person's driving ability. Specifies that provider shall be immune from civil liability in any subsequent judicial proceeding relating to the person's compliance. (S: Bryson; H: Maggart)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary Criminal Practice Subcommittee 04/12/2005.
|
SB 0441*
HB 1342
(Full Text) |
Hospital Infections Disclosure Act. Requires all hospitals to report the number of hospital infections to the department of health who will appoint an advisory committee to oversee reporting accuracy, confidentiality, and recommendations. Requires department to report findings annually to the general assembly. States hospitals in violation of this bill are punishable by revocation of licensure or other sanctions, and/or a fine of up to $500 per violation per day. (S: Fowler; H: Shepard) Senate amendment 1 establishes a study committee to look at the infection rate in hospitals and report back to the general assembly by December 31, 2006.
Senate Status: Senate 04/27/2005 passed with amendment.
House Status: House passed 05/24/2005.
Other Status: Sent to governor 05/24/2005.
|
SB 0452*
HB 1810
(Full Text) |
Dissolution of non-profit hospitals. Expands definitions of hospital to include non-profit hospital. Requires attorney general to provide public notice of decision of a non-profit hospital to dissolve. Extends number of days wherein no assets of a dissolving non-profit hospital can be transferred to another entity from 20 to 30. Broadly captioned. (S: McNally; H: Rinks)
Senate Status: Referred to Senate General Welfare, Health & Human Resources.
House Status: Referred to House Health & Human Resources.
|
SB 0687*
HB 1112
(Full Text) |
Certificates of need for nursing home beds. Prevents between July 1, 2005 and June 30, 2007 the issuance of certificates of need for new nursing home beds, except for the 125 Medicare skilled nursing facility beds. Removes the limit and application procedures for an applicant applying to receive Medicare skilled nursing facility beds. (S: Cooper J.; H: McMillan)
Senate Status: Senate passed 04/28/2005.
House Status: House passed 05/12/2005.
Other Status: Sent to governor 05/12/2005.
|
SB 0766*
HB 2028
(Full Text) |
Hospitals Infections Disclosure Act. Requires hospitals to report all infections that their patients acquire while in the hospital. Specifies that reports are to be made quarterly to the board for licensing health care facilities. (S: Burchett; H: Odom)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Referred to House Government Operations.
|
SB 0798*
HB 0995
(Full Text) |
Misappropriation of nursing home patient's property. Requires state agencies to notify the department of health of persons who have committed abuse, neglect, or misappropriation of the property of a vulnerable person in accordance with abuse registry statute. (S: Burchett; H: Vaughn) Senate amendment 1 makes the effective date July 1, 2005.
Senate Status: Senate 05/02/2005 passed with amendment.
House Status: House 05/12/2005 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0221 (effective 07/01/2005).
|
SB 0965*
HB 1051
(Full Text) |
Charge for autopsy and expert testimony. Increases to $30.00 from $25.00 the fee a surgeon or physician can be given when summoned by the district attorney to perform an autopsy and give an opinion as to the cause of death in a criminal preceding. (S: McNally; H: Mumpower)
Senate Status: Referred to Senate General Welfare, Health & Human Resources.
House Status: Caption bill held on House clerk's desk.
|
SB 1254*
HB 1109
(Full Text) |
Managed Care Liability Act. Establishes a cause of action for a healthcare plan enrollee to sue a managed care entity. Specifies that a managed care entity would be liable for monetary damages to enrollee in regard to harm proximately caused by the managed care entity's failure to exercise ordinary and reasonable care when making healthcare treatment decisions. Also specifies that managed care entity would be liable in instances when the conduct of its employees, agents, ostensible agents or representatives acting on its behalf, when it has the right to influence and control, and actually does influence and control, their decisions on the enrollee's healthcare treatment decisions. Requires managed care entity to provide any treatment to an enrollee that is not covered by the applicable health care plan. imposes civil liability on managed care entities that fail to exercise such standard of care. (S: Kyle; H: McMillan)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to first calendar of 2006.
|
SB 1576*
HB 1557
(Full Text) |
Medical information confidentiality. Specifies that the Patient's Privacy Protection Act and the medical records statute may not be construed to create an agreement to maintain medical information as confidential if disclosure is permitted or required by state or federal law, applicable court order, or the Tennessee Rules of Civil Procedure. (S: Norris; H: Overbey) House amendment 1 makes the bill. Specifies that it is not unlawful and there is no liability for disclosing medical information in response to a subpoena, court order, or request authorized by state or federal law.
Senate Status: Senate passed 04/18/2005.
House Status: House 04/11/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0113 (effective 05/04/2005).
|
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.
|
SB 1856*
HB 1759
(Full Text) |
Physician ownership interest in diagnostic equipment. Removes language that physician investment in health care can provide important benefits for patient care. Requires physicians to disclose to patients any ownership interest in diagnostic equipment that are located in the physician's office and provide alternatives to the patient so that the patient can opt to have a procedure or test conducted at a different location. (S: Herron; H: Overbey)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Taken off notice in House Professional Occupations Subcommittee.
|
SB 1906*
HB 2218
(Full Text) |
Benefits to illegal immigrants restricted. Prohibits illegal immigrants from receiving certain public indigency benefits funded by the state, including TennCare coverage. (S: Jackson; H: Buck)
Senate Status: Senate State & Local deferred to 05/10/2005.
House Status: House State Government Subcommittee deferred to study committee.
|
SB 2203
HB 2160*
(Full Text) |
Conservatorships for mentally and physically disabled. Directs the department of human services, the department of children's services, and the commission on aging and disability to coordinate all conservatorship programs for the mentally and physically disabled. (S: Burks; H: Hargrove)
Senate Status: Senate passed 05/09/2005.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SJR 0084
(Full Text) |
Medical malpractice reform. Requests the Congressional delegation of the State of Tennessee to support the President's medical malpractice reform proposals. (S: Miller J.)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
|
INSURANCE GENERAL
|
SB 0095*
(Full Text) |
Revision of rates. Requires insurance company intending to increase premiums for a commercial risk policy by more than 25 percent to mail or deliver to insured notice of such increase 60 days prior to such increase. Specifies that if proper notice is not provided to insured then the insurance company is required to extend the existing policy 60 days from date such notice is provided. Also specifies that premium for policy in such instances is to be no more than a pro rata basis of existing policy. (S: Cooper J.)
Senate Status: Withdrawn in Senate 02/02/2005.
|
SB 1078*
HB 1639
(Full Text) |
Insurance company officers' stock ownership rules relaxed. Allows persons such as insurance company officers, directors, and committee members to own or have an ownership interest in publicly traded stock or in a regulated financial institution. Allows such persons to receive dividends and distributions from their ownership interest. Allows such persons to also serve as a director of such entity and be compensated for such services. (S: Ketron; H: DuBois) House amendment 1 makes the bill. Requires that terms of stock owning be allowable to the owners or directors of insurance companies if such stock or ownership interest has been disclosed to the insurance company and has been made on terms no less favorable to the ordinary customers of such entity.
Senate Status: Senate passed 04/11/2005.
House Status: House 04/04/2005 passed with amendment.
Other Status: Enacted as Public Chapter 0101 (effective 04/25/2005).
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SB 1860*
HB 1572
(Full Text) |
Writing of medical malpractice policies. Prohibits any domestic, foreign, and alien insurer authorized to write medical malpractice insurance in this state from incorporating other states' claims experience in setting higher rates for this state. (S: Herron; H: Briley)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption held on House clerk's desk.
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SB 2216
HB 2150*
(Full Text) |
Exclusion of punitive damages in policies. Prohibits the exclusion of punitive damages in any personal risk or business risk policies, except those written by a surplus lines insurer. (S: Cooper J.; H: Briley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Commerce Industrial Impact Subcommittee deferred to 04/12/2005.
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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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HB 1571*
(Full Text) |
Medical malpractice rates restructuring permitted. Requires medical malpractice insurers to file premium rates with commissioner. Allows commissioner to require such insurers to restructure medical specialties if commissioner finds rates are not in accordance with benefits. (H: Briley)
House Status: Caption held on House clerk's desk.
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INSURANCE HEALTH
|
SB 0383
HB 0127*
(Full Text) |
Employers to provide health care. Mandates that all employers in this state with fifty or more employees provide health insurance coverage for employees that is the same as the health insurance coverage it provides for management level employees. Specifies that if no health insurance is given to management level employees, employers must provide health care that meets the minimum requirements for a basic health care plan available to small employers. (S: Kilby; H: Turner M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to the next meeting.
House Status: Referred to House Consumer & Employee Affairs.
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SB 0725*
HB 1356
(Full Text) |
Small Employer Health Insurance Pool Act. Enacts law to provide for health insurance coverage for employees of small businesses (3-50 employees). Outlines procedures and requirements for group insurance providers to participate in the program. Requires each group insurer doing business in this state to maintain an open pool in which small employers shall be able to purchase health insurance at group policy premium rates for their eligible employees, given certain provisions. (S: Finney; H: Hensley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Industrial Impact Subcommittee.
|
SB 0884*
HB 1363
(Full Text) |
TN Comprehensive Health Insurance Pool Act. Establishes a nonprofit entity to be known as the Tennessee comprehensive health insurance pool. Requires all insurers issuing health insurance in this state and providing health plan benefits in this state on and after July 1, 2005, to be members of the pool. Also requires commissioner of finance and administration to select an 11 member board of directors to oversee the pool. Specifies membership and duties of board. Also specifies requirements for individuals receiving coverage by the pool. Creates Tennessee Employer Health Care Responsibility Tax, 1% gross receipts tax on every non-manufacturing employer of more than 25 persons, with credit against tax in proportion to percentage of employees who are covered by employer-provided health insurance. (22 pp.). (S: McNally; H: Overbey)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Government Operations.
|
SB 1091*
HB 1013
(Full Text) |
Insurer may not terminate policy because of divorce. Prohibits insurers from automatically terminating coverage of a spouse upon divorce, annulment, or separation of married persons. (S: Crutchfield; H: Bowers) House Commerce Industrial Impact Subcommittee amendment 1, as amended, narrows the bill to requiring insurance carriers to provide notification to ex-spouses or widows of termination of insurance plans. Specifies that the state's insurance plan be subject to same regulations.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Commerce deferred to first meeting of 2006.
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SB 1898*
HB 2226
(Full Text) |
Medical malpractice rates must be approved by commissioner. Requires the commissioner of commerce and insurance to approve the medical malpractice insurance rates. Establishes the factors the commissioner will use to reject or approve rates. Establishes the criteria a insurer may use to charge additional premium or grant discount rate. Specifies that the commissioner has 60 days to approve or disapprove rates. Specifies the applicant has 15 days to appeal. Mandates the commissioner will report to the general assembly on the increases and decreases of the rates approved. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Held on House clerk's desk.
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SB 2230
HB 2181*
(Full Text) |
Tennessee Health Insurance Plan. Establishes the Tennessee Health Insurance Plan as a high risk pool that will provide access to health insurance to all residents of the state who are denied health insurance for medical or health reasons. Specifies that operation of plan is subject to board of directors which is chaired by the commissioner of commerce and insurance. Specifies duties and membership of board (21 pp.) (S: Norris; H: Odom)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
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JUDICIARY
|
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).
|
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.
|
SB 0280*
HB 0229
(Full Text) |
Litigation costs. Requires trial judge in civil cases to adjudge all costs in favor of the prevailing party. (S: Finney; H: Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
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.
|
SB 0398*
HB 0441
(Full Text) |
Updates judicial election procedures. Updates the procedure for electing additional judges through 2014. (S: Haynes; H: Fowlkes)
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 Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 0444*
HB 0635
(Full Text) |
Judicial Selection. Requires judicial selection commission to determine whether a nominee to a judicial position will adhere to doctrine of separation of powers in interpreting state constitution and statutes. (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 0445*
HB 0633
(Full Text) |
Separation of powers doctrine. Adds intent to preserve separation of powers doctrine to purposes of making the courts nonpolitical through judicial selection and evaluation commissions. (S: Fowler; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 0446*
HB 0636
(Full Text) |
Selection commission. Requires any meetings by the judicial selection commission and the judicial evaluation commission to conduct only public meetings and deliberations. (S: Fowler; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 0466*
HB 0694
(Full Text) |
Retirement provisions for certain judges. Permits any state judge, general sessions, probate, juvenile or domestic relations judge who remains in service upon attaining 70 years of age to continue to participate in the retirement system and to accrue creditable service. Allows those judges in Group 4 who have established service on or after July 1, 2005, and who were covered in Group 1, 3, or 4, to receive credit in Group 4. Revises retirement provisions for state judges, general sessions, probate, juvenile or domestic relations judges. (S: Williams Mike R.; H: Roach)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Select Committee on Pensions and Insurance comment: Select Committee on Pensions and Insurance did not recommend this bill.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Council on Pensions & Insurance 04/04/2005 did not recommend this bill.
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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 0540
HB 0223*
(Full Text) |
General sessions judges' salary. Establishes that as of September 1, 2006, general sessions judges in counties of the first class be paid 97.5% of that paid to a circuit court judge. Establishes that the salary of each general sessions judge will equal that of the most highly compensated general sessions judge in a county of the same class if such judges have the same jurisdiction. (S: Black; H: Davidson) Senate amendment 2 removes this bill's requirement that each general sessions court judge within the same class receive the same compensation as the most highly compensated judge in that class.
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate 05/19/2005 passed with amendment 2.
House Status: House passed 05/25/2005.
Other Status: Sent to governor 05/25/2005.
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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 0569*
HB 1835
(Full Text) |
Changes to the constitution. Calls for a referendum to determine the necessity of a limited constitutional convention on Article I, Article II, Sections 28 and 29, Article VII, Article X, Sections 4 and 5, and Article XI, Sections 8, 9, 11 and 17, to consider the declaration of rights, elections, taxation, including exemptions from taxation, state and county officers, and the consolidation of local governments. (S: Kyle; H: Rinks)
Senate Status: Referred to Senate Judiciary.
House Status: Introduced 2/17/2005
|
SB 0645
HB 0460*
(Full Text) |
Orders of protection for stalking and sexual assault. Allows victims of stalking and sexual assault, as well as domestic abuse, to seek and obtain orders of protection against the perpetrator. (S: Hagood; H: Sontany) Senate amendment 1 expands list of those who may obtain an order of protection to include all victims regardless of their relationship with the offender.
Senate Status: Senate 05/09/2005 passed with amendment.
House Status: House passed 05/24/2005.
Other Status: Sent to governor 05/24/2005.
|
SB 0677*
HB 1865
(Full Text) |
TN court information system. Requires the Tennessee court information system (TnCIS) to be fully implemented and operational by July 1, 2008. (S: Cooper J.; H: McMillan)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to first calendar of 2006.
|
SB 0681*
HB 1795
(Full Text) |
Audit of attorneys-at-law. Requires the comptroller of the treasury to undertake a performance audit evaluating the board of professional responsibility in order to determine the effectiveness of the board in protecting the public from unqualified or unethical attorneys-at-law. Directs the comptroller to report final findings to the supreme court and general assembly. Requires the judiciary committees of the house and senate to publicly review the audit during February, 2006. (S: Cooper J.; H: Rinks)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 0703*
HB 0952
(Full Text) |
Residence awarding for those with protection orders. Requires a hearing be held within ten days of the residence awarding to determine further possession of residence among those receiving orders of protection. (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: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
|
SB 0711*
HB 0885
(Full Text) |
Debtors subject to court orders. Requires courts of this state to honor valid orders of other courts of this state regarding the collection of debts, including orders for child support and alimony that direct that one party is responsible for the debt. (S: Southerland; H: Hawk) Senate Judiciary amendment 1, House Family & Children Affairs amendment 1 specifies that such restriction shall not apply to enforcement of child support orders against any persons by the department of human services or its contractors by any means provided by law.
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Held in House Finance, Ways & Means Committee pending action of Senate.
Other Status: Tennessee Judicial Council released the blls/currentga/BILL/HB1000.pdf">(Full Text) |
SB 1724
HB 0181*
(Full Text) |
Terms for presiding judges. Deletes statutory prohibition against a trial judge being elected as presiding judge for more than two successive terms. (S: Person; H: Fowlkes)
Senate Status: Senate passed 03/21/2005.
House Status: House passed 03/07/2005.
Other Status: Enacted as Public Chapter 0026 (effective 07/01/2005).
|
SB 1737
HB 0439*
(Full Text) |
Court clerk fees. Standardizes a large portion of the costs to which clerks of court are entitled to charge pursuant to study conducted by the Tennessee judicial council. Broadly captioned. (S: Person; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 1744
HB 0253*
(Full Text) |
Constitutional convention on taxpayer bill of rights. Calls for a limited constitutional convention to consider changes to sections concerning state, county, and municipal taxation and expenditures. (S: Person; H: Stanley)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance.
|
SB 1745
HB 0254*
(Full Text) |
Constitutional convention on taxation and expenditures. Calls for a limited constitutional convention to consider changes to sections concerning state, county, and municipal taxation and expenditures. (S: Person; H: Stanley)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance.
|
SB 1768
HB 1010*
(Full Text) |
Court costs and fees simplified. Simplifies and makes more uniform the statewide administration of court costs and fees (23 pp.). (S: Person; H: Fowlkes) Senate amendment 1 rewrites the bill. Makes bill revenue-neutral. Establishes a $2.00 fee on all continuances and matters that are reset. Senate amendment 2 adds a severability clause. Senate amendment 3 reduces civil court fees. Senate amendment 4 adds language not to create any addition costs for bail bondsman. Senate amendment 5 clarifies that certain court fees are mandatory and not permissive. House amendment 1 rewrites the bill. Changes court costs for civil and criminal cases to flat fees. Provides that, if the statewide amount of litigation tax collected during such fiscal year is less than the amount collected during the fiscal year ending June 30, 2005, then the total amount of commissions receivable by the clerk of the court for that fiscal year shall be reduced by a percentage equal to the percentage reduction in
statewide litigation tax collections. Standardizes fees for court security. House amendment 2 corrects typos and stipulates that continuation fees are to be collected at the close of applicable court cases.
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate 05/26/2005 passed with amendment 1, 2, 3, 4 & 5.
House Status: House 05/27/2005 concurred in Senate amendments 1, 2, 3, 4 & 5.
Other Status: Sent to governor 05/27/2005.
|
SB 1812*
HB 1658
(Full Text) |
Part-time assistant district attorneys - salary increase. Increases salary of part-time assistant district attorneys general to $25,000 per year. Current salary is $18,000 per year. (S: Herron; H: Maddox)
Tennessee Judicial Council comment: Judicial Council released to full committee with no comment.
Senate Status: Senate passed 05/19/2005.
House Status: Taken off notice in House Finance Budget Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
|
SB 1839
HB 1008*
(Full Text) |
New assistant district attorney positions. Creates 17 new assistant district attorney general positions. Requires the districts in which they serve to be designated by the executive director of the district attorneys general conference and the administrator director of the courts. (S: Person; H: Fowlkes)
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 Finance Budget Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
|
SB 1947
HB 0777*
(Full Text) |
DNA - intellectual property. Prohibits the use of any individual's DNA for stem cell or similar research or cloning without permission of the individual. Specifies that the provision does not affect the use of DNA for identity or its court admissibility as evidence. (S: Fowler; H: Clem)
Senate Status: Referred to Senate General Welfare.
House Status: House Judiciary Constitutional Protections Subcommittee deferred to second calendar of the subcommittee in 2006.
|
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.
|
SB 2067
HB 2006*
(Full Text) |
Class action procedures. Requires court to go through certain procedures, including conferences to establish schedules for discovery and evidentiary hearings on class certification, before it may certify or recognize a group of civil litigants as a class action. (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: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
|
SB 2108
HB 2112*
(Full Text) |
Salary increase for assistant district attorneys. Increases the annual compensation of assistant district attorneys general with at least nine or more years of experience by $2,950. (S: Haynes; H: Fowlkes)
Tennessee Judicial Council comment: Judicial Council released with positive recommendation.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Finance Budget Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released to standing committees.
|
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.
|
SB 2218
HB 1004*
(Full Text) |
Presumptions relative to reasonableness of repairs. Increases from $1,000 to $2,500 the amount of bills incurred and paid to repair property for which there is a rebuttable presumption in a civil action seeking damages that the amount paid was reasonable and the repair was necessary. (S: Jackson; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
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.
|
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.
|
SJR 0031
(Full Text) |
Constitutional amendment - marriage. Proposes an amendment to Article XI of the Constitution of the State of Tennessee to define marriage as a contract between one man and one woman. (S: Miller J.)
Senate Status: Senate recalled from House 04/11/2005.
House Status: House 04/04/2005 recalled from Senate.
Other Status: Sent to governor 03/17/2005.
|
SJR 0045
(Full Text) |
Constitutional amendment - defines marriage. Proposes an amendment to Article XI of the Constitution of the State of Tennessee to define marriage as a contract between one man and one woman. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
SJR 0048
(Full Text) |
Constitutional amendment - abortion. Proposes an amendment to the Constitution to add provisions to Article I to provide that nothing in Constitution of Tennessee secures or protects the right to abortion or funding thereof. States that legislature may make exceptions for situations involving victims of rape or incest or preservation of woman's life. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
SJR 0049
(Full Text) |
Constitutional amendment - abortion. Proposes an amendment to the Constitution to add new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or funding thereof. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
HJR 0014*
(Full Text) |
Legislature to make decisions regarding abortion. Proposes a provision to Article one. Establishes that nothing in the Constitution secures or protects the right to abortion. Allows legislatures to make provisions on abortion in situations involving victims of rape, incest, and to save the life of the mother. (H: Newton)
House Status: Referred to House Health and Family Assistance Subcommittee.
|
HJR 0015
(Full Text) |
Constitutional amendment - abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or funding thereof. (H: Newton)
House Status: Referred to House Health and Family Assistance Subcommittee.
|
HJR 0072
(Full Text) |
Constitutional amendment - defines marriage. Proposes an amendment to Article XI of the Constitution of the State of Tennessee to define marriage as a contract between one man and one woman. (H: Yokley)
House Status: Referred to House Family Justice Subcommittee.
|
HJR 0081
(Full Text) |
Constitutional amendment - marriage. Proposes an amendment to the Constitution to specify that the legal contract solemnizing the relationship of one man and one woman is the only legally recognized marital contract in this state. (H: Yokley)
House Status: Referred to House Domestic Relations Subcommittee.
|
HJR 0098
(Full Text) |
Constitutional amendment - House districts. Proposes an amendment to Article II, Section 3 of the Constitution to provide for a four-year term of office for the house of representatives. In the first election following adoption of the amendment, members elected from districts designated by odd numbers shall be elected for two years and those from even districts shall be elected for four years. (H: Fowlkes)
House Status: House Budget Subcommittee deferred to 2006.
|
SR 0007
(Full Text) |
Rules of civil procedure. Approves amendments and revisions to rules of civil procedure promulgated by the supreme court. (S: Haynes)
Senate Status: Senate 03/14/2005 adopted.
|
SR 0009
(Full Text) |
Rules of criminal procedure. Approves amendments and revisions to rules of criminal procedure promulgated by the supreme court. (S: Haynes)
Senate Status: Senate 02/28/2005 adopted.
|
SR 0010
(Full Text) |
Rules of appellate procedure. Approves amendments and revisions to rules of appellate procedure promulgated by the supreme court. (S: Person)
Senate Status: Senate 02/28/2005 adopted.
|
SR 0011
(Full Text) |
Rules of evidence. Approves amendments and revisions to rules of evidence promulgated by the supreme court. (S: Norris)
Senate Status: Senate 02/28/2005 adopted.
|
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.
|
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.
|
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.
|
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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LABOR LAW
|
SB 0023*
(Full Text) |
Employee's right to inspect certain records. Requires employers to allow employees right to inspect and copy certain items in such employee's personnel file including performance evaluations, disciplinary actions and employee's credit rating. (S: Finney)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
|
SB 1312
HB 0984*
(Full Text) |
Tennessee Family Medical Leave Act. Prohibits an employer from refusing to grant request from an employee with at least 12 months of service to take up to a total of 12 workweeks in any 12 month period for family care and medical leave. Also prohibits an employer with less than 50 employees within 75 miles of worksite from refusing to grant a request for family care and medical leave. Specifies other requirements for family care and medical leave (12 pp.). (S: Tracy; H: Stanley)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
|
LOCAL GOVERNMENT
|
SB 0568*
(Full Text) |
Constitutional convention - local government consolidation. Authorizes limited constitutional convention on Article VII, Sections 1 and 2, Article X, Sections 4 and 5 and Article XI, Sections 9 and 17, relative to consolidation of local governments. (S: Kyle)
Senate Status: Referred to Senate Judiciary.
|
SB 1868*
HB 1879
(Full Text) |
County clerk - notification of public records removal. Requires the county clerk to provide written notice, to a party requesting removal of a record of military discharge from public records, that removal of the document is permanent and no further record of the document. Creates the exception in the event that the request if recorded, will exist in the official records of the county. (S: Herron; H: Yokley)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1958
HB 1389
(Full Text) |
Knox county - litigation tax increased. Local bill for Knox County which increases litigation tax from $1.75 to $2.75 in circuit, criminal, chancery and domestic relations courts; increases from $1.00 to $2.00 in general sessions and other inferior courts. Designates revenue from such increases to support the Knox County Governmental Library. Amends Chapter 50 of the Private Acts of 1955. (S: Burchett; H: Brooks, Harry)
Senate Status: Local bill, held on Senate clerk's desk.
House Status: House Judiciary Committee deferred to summer study.
|
SB 2229
HB 2180*
(Full Text) |
Judicial review of comprehensive growth plans. Specifies that judicial review of comprehensive growth plans may be conducted in the chancery court of Davidson County and that such review may be conducted following amendment of a comprehensive growth plan. (S: Finney; H: McCord)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee and sent to TACIR for further study.
|
LOTTERY
|
SJR 0047
(Full Text) |
Constitutional amendment - charitable lotteries. Proposes an amendment to Article XI, Section 5 of the Constitution of the State of Tennessee concerning charitable lotteries. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
HJR 0077
(Full Text) |
Constitutional amendment - charitable gaming events. Proposes an amendment to the Constitution to allow public schools, charter schools, private schools of a type as determined by the general assembly or school-affiliated organization to have one charitable gaming event per year for the benefit of such school or its programs. (H: Bunch)
House Status: Referred to House State Government Subcommittee.
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PROFESSIONS & LICENSURE
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SB 0197
HB 0093*
(Full Text) |
Notification of nonpayment for work. Removes certain nonpayment notification requirements relative to certain work performed by subcontractor, laborer, or materialman who wishes to perfect mechanic's lien or materialman's lien. (S: Hagood; H: Overbey)
Senate Status: Withdrawn in Senate 03/21/2005.
House Status: Referred to House Judicial Administration Subcommittee.
|
SB 0730*
HB 1193
(Full Text) |
Suspicion of medical malpractice. Requires health care professionals, coroners and medical examiners to report to board of medical examiners if such person has reasonable cause to believe that harm or injury caused to another was result of medical malpractice. Makes knowing failure to report such harm or injury Class C misdemeanor. (S: Beavers; H: Buck)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0751
HB 0218*
(Full Text) |
Insurance requirements for a contractors license. Requires that applications and renewals for a contractors license include proof of general liability and workers' compensation coverage. (S: Miller J.; H: Davidson) Senate amendment 1 authorizes the board for licensing contractors to promulgate rules concerning requirements for general liability insurance if the commissioner of commerce and insurance approves. Senate amendment 2 removes the requirement for general liability insurance but retains the requirement for workers' compensation insurance and removes this bill's effective date provision. Requires the commissioner to establish recommendations for general liability insurance for contractors instead of authorizing the promulgation of rules. Senate amendment 3 reinstates an effective date upon becoming law.
Senate Status: Senate 03/28/2005 passed with amendment.
House Status: House passed 04/21/2005.
Other Status: Enacted as Public Chapter 0133 (effective 05/09/2005).
|
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.
|
SB 1198*
HB 1037
(Full Text) |
Attorneys - revoking of law license. Increases time in which supreme court may revoke law license initially procured by fraud from two years to five years. (S: Miller J.; H: Hargett)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 1476*
HB 1201
(Full Text) |
Medical professionals allowed to give commercial speeches. Allows person with a healing arts license to engage in truthful non-deceptive commercial speech. Removes the advertisement of free professional services or examinations and the offer of discounts or coupons as enticements over which a license could be suspended or revoked. (S: Jackson; H: Buck)
Senate Status: Referred to Senate General Welfare, Health & Human Resources.
House Status: Taken off notice in House Professional Occupations Subcommittee.
|
SB 1801*
HB 1990
(Full Text) |
Bond raised for home improvement contractors. Increases bond required of home improvement contractors to $25,000 from $10,000. Prohibits home improvement contractors from accepting anything of value for referring a borrower to a lender. (S: Herron; H: Bowers)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Small Business Subcommittee.
|
PROPERTY & HOUSING
|
SB 0053*
(Full Text) |
Illegal to rent dwelling and produce illegal substance. Establishes that it is illegal to rent or lease a dwelling or public lodging with the intent to produce or contain illegal controlled substances without the knowledge and consent of the owner or manager. Requires any person who violates this section to make restitution in the amount reasonably incurred in cleaning the area. Allows all assets and property of any person who violates this section to be seized and transmitted to the owner to cover restitution if needed. Specifies that a violation is a Class D felony. (S: Finney)
Senate Status: Withdrawn in Senate 02/09/2005.
|
SB 0287*
HB 0236
(Full Text) |
Civil immunity for landlords. Grants landlord civil immunity and presumption of acting in good faith for providing truthful information about a current or former tenant's rental history to a prospective landlord or a current or former tenant. (S: Finney; H: Campfield)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Civil Practice Subcommittee 04/12/2005.
|
SB 0510
HB 0221*
(Full Text) |
Residential property disclosures. Requires the owner of residential property to furnish to the purchaser a statement disclosing the amount of all impact fees or adequate facilities taxes paid to any city or county during transfers involving the first sale of a dwelling. (S: Kilby; H: Davidson)
Senate Status: Senate passed 04/21/2005.
House Status: House passed 05/05/2005.
Other Status: Enacted as Public Chapter 0171 (effective 07/01/2005).
|
SB 0544
HB 0443*
(Full Text) |
Recording of electronic records by county registers. Authorizes the electronic registration of copies of property records provided that such copy is certified by either a licensed attorney or the custodian of the record. Requires the signature of such attorney or custodian be notarized. (S: Fowler; H: Fowlkes) Senate amendment 1 removes sections that specify which entities can register material evidencing an environmental hazard and the process by which a formal deed of release or a modification or cancellation for any notice of environmental hazard can be attained.
Senate Status: Senate 02/17/2005 passed with amendment.
House Status: House passed 03/16/2005.
Other Status: Enacted as Public Chapter 0013 (effective 03/29/2005).
|
SB 0919
HB 0974*
(Full Text) |
Duties of landlord. Requires landlord to mail a copy of the listing of damages and estimated cost of repairs to a tenant who has moved or is otherwise inaccessible to such tenant's last known mailing address prior to preparing the unit for occupancy. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0920
HB 0972*
(Full Text) |
Liability of landlord. Specifies that a landlord conveying premises in a rental agreement is relieved of liability to the tenant after the transfer of the security deposit to the purchaser. Adds a provision requiring persons on the premises of the dwelling unit with the consent of occupants other than the tenant not to disturb the neighbors' peaceful enjoyment of the premises. Permits landlord to enter the dwelling upon evidence that the tenant has abandoned such dwelling. (S: Miller J.; H: Bunch)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1049
HB 0884*
(Full Text) |
Uniform Residential Landlord and Tenant Act. Removes Maury County from the Uniform Residential Landlord and Tenant Act. (S: Ketron; H: DuBois)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/05/2005.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1432*
HB 1347
(Full Text) |
Absentees' estate agreements. Revises the provisions governing absentees' estates and provisions governing agreements to locate reported property under the Uniform Disposition of Unclaimed Property Act. (S: Jackson; H: Bowers) Senate amendment 1 permits the disclosure of such information as the state treasurer by rule and regulation may direct.
Senate Status: Senate 04/25/2005 passed with amendment.
House Status: House passed 04/25/2005.
Other Status: Enacted as Public Chapter 0141 (effective 05/09/2005).
|
SB 1695*
HB 1575
(Full Text) |
Liens against debtor's land. Establishes that all judgments obtained in Davidson County are liens against the debtor's land as soon as a certified copy of the judgment is registered in the lien book in the register's office where the land is located. (S: Haynes; H: West) House amendment 1 limits such provisions to governmental entities in Davidson County.
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the committee should consider amending the proposed legislation to include all counties within the state.
Senate Status: Senate passed 05/19/2005.
House Status: House 04/06/2005 passed with amendment.
Other Status: Sent to governor 05/19/2005.
|
SB 1920*
HB 1703
(Full Text) |
Homestead exemption. Specifies when a money judgment arises from services provided at a hospital the value of the homestead exemption will not exceed $75,000. (S: Jackson; H: Shepard)
Senate Status: Senate State & Local deferred to 05/10/2005.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
PUBLIC EMPLOYEES
|
SB 0020*
HB 0026
(Full Text) |
Increases base salaries for judges. Increases the base annual salary for chancellors, circuit court judges, criminal court judges and law and equity judges from $78,000 to $138,500; for judges of the court of appeals and criminal appeals from $3,500 to $10,000 in excess of that received by trial judges; for supreme court justices from $7,500 to $20,000 in excess of that received by trial judges. Specifies that full-time judges are exempt from payment of professional privilege taxes. (S: Jackson; H: Shepard)
Senate Status: Withdrawn in House 02/23/2005.
House Status: Withdrawn in House 03/21/2005.
|
SB 0409
HB 0130*
(Full Text) |
Service Member's Employment Tenure Act. Enacts the Service Member's Employment Tenure Act establishing provisions for employment restoration upon relief from military service. Requires employees to rehire service members who leave a position with the purpose of entering the military provided that said service members apply for re-employment within 90 days following relief from military service or one year from hospitalization continuing after discharge. Creates a civil penalty for the violation of this act in the amount of $1,000 which may be accessed by the military; empowers the military department to require employers to comply with this act and compensate for any lost wages as a result. (S: Haynes; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee.
|
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.
|
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.
|
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.
|
SB 1572*
HB 1168
(Full Text) |
DOS employees serving as notary public. Requires commissioner of department of safety to periodically update listing of employees authorized to exercise functions of notary public. (S: Norris; H: Buck)
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Caption bill held on House clerk's desk.
|
SB 1832
HB 0958*
(Full Text) |
State match for 401(k) plans. Increases state match on employee contributions to 401(k) plans from $20.00 to $50.00 per month. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
Other Status: Taken off notice in Council on Pensions & Insurance.
|
SB 2114
HB 2153*
(Full Text) |
Claims commission - jurisdiction widened. Allows claims against state employees timely filed in a court that should have been filed with the claims commission to be transferred to the claims commission rather than just claims involving a state employee's negligent operation of a motor vehicle. Tolls statute of limitations in transfer cases from date claim originally filed in court. (S: Crutchfield; H: Harmon)
Tennessee Judicial Council comment: Judicial Council released with comment that the legislature has discretion.
Senate Status: Taken off notice in 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.
|
SB 2304
HB 2312*
(Full Text) |
Civil service system - jurisdiction for court proceedings. Jurisdiction for court proceedings to enforce provisions of civil service system is either county where public employee is employed or county where public employee performs official duties. (S: Kyle; H: McMillan)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
HB 1734*
(Full Text) |
Unethical representation by legislators. Prohibits legislators from representing or advising with compensation any person or entity in certain legal actions against the state. Establishes that service in the legislature does not warrant special treatment and specifies punishments for unethical financial compensation. (H: Lynn)
House Status: Withdrawn in House 04/06/2005.
|
PUBLIC FINANCE
|
SJR 0040
(Full Text) |
Constitutional amendment - growth rate of government. Proposes an amendment to Article II, Section 24, to impose certain revenue and expenditure requirements and limitations to restrict the rate of growth of state government. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
RETAIL TRADE
|
SB 1441*
HB 1409
(Full Text) |
Tennessee Pharmaceutical Availability and Affordability Act. Enacts the "Tennessee Pharmaceutical Availability and Affordability Act." Establishes a state program to provide low-income, uninsured individuals with access to prescription drugs from participating brand pharmaceutical companies and pharmacists through either a state-sponsored discount card program or a program that extends current brand pharmaceutical manufacture prescription drug assistance programs. Creates a pharmaceutical cost management council to investigate potential avenues of attaining inexpensive medication including purchasing through Canada. Broadly captioned. (S: Jackson; H: Bowers)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Government Operations.
|
SB 1442*
HB 1374
(Full Text) |
Pharmacy purchasing pools. Authorizes the governor to establish a state executive formulary committee to construct a state preferred drug list (PDL). Creates a purchasing pool for state agencies to use to purchase prescription drugs more cost effectively. Includes the state employees' health plan and the department of correction. (S: Jackson; H: Jones S.)
Select Oversight Committee on Corrections comment: Select Oversight Committee on Corrections adopted and released to full committee with additional remark that the cost of prescriptions from a state pool would need to be compared to the cost under the department's private contracts in order to determine if a savings would be gained by purchasing from a state pool.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
Other Status: Oversight Corrections Committee 03/07/2005 reviewed, comment adopted and released to full committee.
|
TAXES BUSINESS
|
SB 0323
HB 0260*
(Full Text) |
Occupation tax - county attorneys. Lowers to $200 from $400 the occupation tax for full-time county attorneys. (S: Miller J.; H: Stanley)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
|
SB 0348
HB 0256*
(Full Text) |
Occupational privilege tax. Decreases occupational privilege tax from $400 to $200 annually for persons engaged part-time in taxable occupation. (S: Black; H: Stanley)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Failed in House Finance Budget Subcommittee 05/23/2005.
|
SB 0386
HB 0416*
(Full Text) |
TN Broadband Technology Act of 2005. Establishes franchise/excise tax incentives for telecommunications carriers to encourage increased broadband internet service coverage to certain areas. Allows carriers to write off 10% of the cost of equipment used in the deployment of broadband technologies in counties with 100 to 500 people per square mile and 15% of the cost of equipment similarly used in counties with 100 or less people per square mile. Stipulates that the amount of tax credit shall never exceed 50% of the taxpayer's sum total of franchise/excise tax liabilities for any one year. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Commerce.
|
SB 0450*
HB 1819
(Full Text) |
Not-for-profit taxpayers. Prohibits enforcement of any measures under the Tax Enforcement Procedures Act against a not-for-profit taxpayer when the commissioner fails to recognize a tax exemption or exception until its appeals have been adjudicated. (S: McNally; H: Rinks)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
|
SB 0475*
HB 0530
(Full Text) |
Tax deduction for charitable donations. Establishes additional excise tax deduction for 75 percent of the value of monetary charitable donations made to qualified nonprofit organizations and used by them to make purchases on which Tennessee sales or use taxes were paid. Deduction is in addition to any other deduction allowed by excise tax law. (S: Crutchfield; H: Hackworth)
Senate Status: Senate passed 04/07/2005.
House Status: House passed 03/21/2005.
Other Status: Enacted as Public Chapter 0098 (effective 04/22/2005).
|
SB 1358
HB 1643
(Full Text) |
Excise taxes - revised quarterly payments. Authorizes a franchise and excise taxpayer to base its required quarterly payments of excise tax on taxable income accrued during the first three months of the current tax year for the first and second quarterly payments, during the first six months of the current tax year for the third quarterly payment, and during the first nine months of the current tax year for the fourth payment. (S: Bryson; H: Harwell)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance, Ways & Means.
|
SB 1836
HB 0288*
(Full Text) |
Privilege tax exemptions. Exempts any person who is on active military duty for 180 days or more during the fiscal year from the occupational privilege tax. (S: Herron; H: Hargett) Senate amendment 1 exempts all members of the US armed forces and all members of national guard and reserve units who are called to active duty for at least 180 days in a fiscal year from the professional privilege tax instead of only members who are licensed to practice medicine or osteopathic medicine.
Senate Status: Senate 05/05/2005 passed with amendment.
House Status: House passed 05/28/2005.
Other Status: Sent to governor 05/28/2005.
|
SB 2241
HB 2253*
(Full Text) |
Occupational privilege tax exemption for DAs. Exempts district attorneys general, assistant district attorneys general, district public defenders, and assistant district public defenders from occupational privilege tax. (S: Herron; H: McMillan)
Senate Status: Senate Finance Tax Subcommittee 04/12/2005 returned to Senate Finance with unfavorable recommendation.
House Status: Referred to House Finance, Ways & Means.
|
SB 2296
HB 2316*
(Full Text) |
Streamlined Sales Tax Agreement - definitions. Revises definitions of "retail sale," "tangible personal property," and "prewritten computer software" for purposes of the provisions governing business tax so that the definitions are consistent with the Streamlined Sales Tax Agreement definitions. (S: Kyle; H: McMillan)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Caption bill held on House clerk's desk.
|
TAXES GENERAL
|
SB 0158*
HB 0124
(Full Text) |
Informal taxpayer conferences. Requires that requests for informal hearings regarding the challenge of a tax assessment be made to the administrative procedures division of the secretary of state. Currently, such informal hearings are with the department of revenue. Also requires the hearing to be conducted by an administrative law judge or hearing officer from the administrative procedures division. (S: Fowler; H: Turner M.)
Senate Status: Taken off notice in Senate State & Local Government.
House Status: Referred to House Government Operations.
|
SB 1743
HB 0262*
(Full Text) |
Constitutional convention on taxpayer bill of rights. Calls for a limited constitutional convention on Article II, Sections 24 and 28, to consider the establishment of a Tennessee taxpayer bill of rights in order to block growth of state revenue collections and expenditures. (S: Person; H: Stanley)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance.
|
SJR 0032
(Full Text) |
Constitutional amendment - personal income tax prohibited. Proposes an amendment to Article II, Section 28, to specifically prohibit all personal income taxes other than the Hall income tax. (S: Beavers)
Senate Status: Taken off notice in Senate Judiciary.
|
SJR 0046
(Full Text) |
Constitutional amendment - income tax. Proposes a constitutional amendment clarifying that the general assembly shall not levy an income tax. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
|
HJR 0022
(Full Text) |
Constitutional amendment - 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: Introduced 1/31/2005
|
HJR 0023
(Full Text) |
Constitutional amendment - growth of state government. Proposes an amendment to Article II, Section 24, of the Constitution of Tennessee, to create a taxpayer bill of rights to impose limitations on growth of state tax revenue collections and expenditures. (H: Casada)
House Status: Referred to House Finance, Ways & Means.
|
TAXES PROPERTY
|
SB 0423*
HB 0843
(Full Text) |
Suits for delinquent taxes. Specifies when a taxpayer challenges the validity of a tax, the assessment of the tax, collection procedure, or other action concerning the tax and does not prevail, then that person is responsible for additional costs of collection and reasonable attorneys' fees. (S: Tracy; H: Cobb) Senate Judiciary amendment 1, as amended, specifies that if the taxpayer prevails in such a case, the county shall pay the taxpayer for court costs and attorneys' fees or a portion thereof. Senate Judiciary amendment 2 clarifies that such provisions apply only to lawsuits dealing with the authority of the government to impose a property tax.
Tennessee Judicial Council comment: Judicial Council released with comment that bill has been taken off notice.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Local Government Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 released the bill with comment that bill has been taken off notice.
|
SB 0847
HB 0437*
(Full Text) |
Homestead exemption. Changes the aggregate value of a homestead exemption to the fair market value of the residence from an amount not to exceed $5,000. (S: Harper; H: Cooper B.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 1008*
HB 1558
(Full Text) |
Appeals to board of equalization. Allows taxpayers and owners to appeal the valuation of industrial and commercial real or tangible personal property directly to the state board of equalization rather than through the county board of equalization. Does not apply in Shelby, Davidson, Knox, and Hamilton counties, where appeal must go through county board first. (S: Ford J.; H: Jones U.) Senate amendment 1 allows taxpayers on a commercial appeal to go directly to the state board of equalization, but requires prior consent of assessor. If assessor objects to such appeal, assessor is required to respond in writing within ten days. House amendment 2 requires that request for direct appeal to state board of equalization be made by certified mail. House amendment 3 exempts Marshall County. House amendment 4 exempts Bedford County.
Senate Status: Senate 05/27/2005 concurred in House amendments 2, 3 & 4.
House Status: House 05/26/2005 passed with amendments.
|
SB 1160
HB 0779*
(Full Text) |
Suits to quiet title. Changes present law to authorize an action to quiet title after the statutory period of redemption has expired instead of the current regulation, which prohibits commencement after three years from the time the land was sold for taxes. (S: Fowler; H: Clem) Senate amendment 1, House Judiciary amendment 1 states that no suit shall be commenced in any court of the state to invalidate any tax title to land after three years from the time the land was sold for taxes, except in the case of persons under disability, who shall have one year in which to bring suit after such disability is removed. Specifies that the purchaser of land that was sold for taxes shall not be prevented from filing a suit to validate the tax sale and quiet title at any time after one year from the time the land was sold for taxes.
Senate Status: Senate 04/21/2005 passed with amendment.
House Status: House Judiciary Committee deferred to summer study.
|
SB 2097
HB 2025*
(Full Text) |
Direct appeals to state board of equalization. Authorizes direct appeal to state board of equalization of valuation of property acquired or leased after assessment date. Applies to current tax year and any prior year for which taxes are unpaid. (S: Ford J.; H: Jones U.)
Senate Status: Senate Finance Tax Subcommittee 04/12/2005 returned to Senate Finance with unfavorable recommendation.
House Status: Referred to House Local Government Subcommittee.
|
SJR 0001
(Full Text) |
Constitutional amendment - property tax relief for elderly. Amends Article II, Section 28, of the Constitution to permit local governments to authorize a program of tax relief for the elderly. (S: Norris)
Senate Status: Referred to Senate Judiciary.
|
HJR 0067
(Full Text) |
Constitutional amendment - tax relief for elderly. Proposes an amendment to the Constitution to allows counties, cities, and towns to provide additional tax relief to those elderly, low-income taxpayers or home owners, totally and permanently disabled, irrespective age, to whom the state provides tax relief. (H: Casada)
House Status: Referred to House Local Government Subcommittee.
|
HJR 0124
(Full Text) |
Constitutional amendment - tax relief for elderly. Proposes an amendment to the Constitution to authorize property tax relief for senior citizens. (H: McMillan)
House Status: Referred to House State Government Subcommittee.
|
TAXES SALES
|
SB 1639
HB 0195*
(Full Text) |
Delayed streamlined sales tax implementation. Delays implementing the streamlined sales tax laws from July 1, 2005 to July 1, 2006, and January 1, 2006 for the local option sales tax and the refund. Broadly captioned. (S: Norris; H: Coleman)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
|
SB 2143
HB 2046*
(Full Text) |
Implementation of Streamlined Sales Tax Agreement. Delays implementation of non-effective provisions of Streamlined Sales Tax Agreement until Congress grants states specific authority to collect sales and use tax on remote sales. (S: Ramsey; H: Stanley)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance.
|
SB 2145
HB 2045*
(Full Text) |
Delayed implementation of Streamlined Sales Tax Agreement. Delays implementation of non-effective provisions of Streamlined Sales Tax Agreement until Congress grants states specific authority to collect sales and use tax on remote sales. Broadly captioned. (S: Ramsey; H: Stanley)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance.
|
SB 2186
HB 1988*
(Full Text) |
Streamlined sales tax provisions revised. Changes effective date of streamlined sales tax provisions from 12:01 a.m. on July 1, 2005, to date in original act of the first day of the second quarter following the effective date of the Streamlined Sales Tax Agreement. Broadly captioned. (S: Person; H: Ferguson)
Senate Status: Taken off notice in Senate Finance, Ways & Means.
House Status: Referred to House Finance.
|
HJR 0068
(Full Text) |
Constitutional amendment - state sales tax rate. Proposes an amendment to the Constitution to require two-thirds vote of both houses or constitutional majority approval in two consecutive general assemblies to raise the rate of the sales tax. (H: Kernell)
House Status: Introduced 2/2/2005
|
TENNCARE
|
SB 1238*
HB 2205
(Full Text) |
Appointments to the TennCare Advisory Commission. Requires the advocacy appointment to the TennCare Advisory Commission be an attorney familiar with relevant litigation. Broadly captioned. (S: Jackson; H: Buck)
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Caption bill held on House clerk's desk.
|
TORT LIABILITY
|
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.
|
SB 0290*
HB 0211
(Full Text) |
Expert witnesses in medical malpractice cases. Deletes requirement that expert witness in medical malpractice case be from a contiguous bordering state. (S: Cohen; H: Briley)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0349
HB 0258*
(Full Text) |
Periodic payments of medical malpractice suits. Authorizes the court to order periodic payments of future damages for medical malpractice actions exceeding $100,000, except in cases of intentional tort or wrongful conduct. (S: Black; H: Stanley)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0404*
(Full Text) |
Increases medical expenses constituting certain evidence. Increases to $10,000 from $4,000, the amount of medical expenses constituting prima facie evidence that such bills were necessary and reasonable in personal injury civil action suits. (S: Haynes)
Senate Status: Referred to Senate Judiciary.
|
SB 0442*
HB 1011
(Full Text) |
Establishes guidelines for expert witnesses. Establishes guidelines and rules for expert witnesses to testify in medical malpractice suits. (S: Fowler; H: Fowlkes)
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 Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council released the bill with no comment 03/03/2005.
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SB 0704*
HB 0950
(Full Text) |
Discovery of insurance policy limits regarding liability. Allows a party in a civil action involving damages to obtain discovery of any insurance policy limits from another party carrying on an insurance business who may be liable to satisfy all or part of a judgment. Clarifies such policy limits are not admissible in evidence at trial. (S: Haynes; H: Cochran)
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the bill will put Tennessee in accord with federal practice, and that the provisions have already been implemented by half of the states.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council 03/03/2005 released the bill with comment.
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SB 0712
HB 0586*
(Full Text) |
Physicians providing free care. Specifies that any licensed medical professionals volunteering their services without compensation at any clinic organized to deliver free health care services are not liable for any civil damages unless the damage is a result of such persons gross-negligence. Designates any contracted medical officer or dentist serving active duty in the United States Armed Forces and assigned to duty at any military hospital as a licensed medical professional. (S: Southerland; H: Litz)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Withdrawn in House 04/13/2005.
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SB 0742
HB 0622*
(Full Text) |
Property owners' liability limits. Establishes limitation on monetary damages for certain landowners for accidents occurring on their property. Limits award for damages to a person who has entered the premises to a maximum amount of five hundred thousand dollars ($500,000) for each person and one million dollars ($1,000,000) for each single occurrence of bodily injury to or destruction of property. (S: Miller J.; H: McCord)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1233*
HB 1850
(Full Text) |
Tennessee Medical Review Panel Act of 2005. Creates Tennessee medical review panel to review all malpractice claims against health care providers filed with the panel, except those claims subject to a valid arbitration agreement. Prohibits complaint alleging malpractice from being filed in any civil court against a health care provider before a claim is made to the panel and its decision is rendered. (S: Miller J.; H: Harwell)
Tennessee Judicial Council comment: Judicial Council released to full committee with additional comment that the bill is vague and would be hard to interpret. Attorney generals office commented that the panel would be placed in the attorney generals office which is a conflict of interest in many areas. The judicial council had questions concerning the salary of the attorney general, and the fees for people who testify. Stated a similar review panel had been put in place previously and failed. Explained this law review panel would not prevent
frivolous
law suits.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council 03/03/2005 released the bill with comment.
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SB 1250*
HB 1198
(Full Text) |
Cap on parental liability removed. Removes the cap on the amount of damages which can be recovered from the parent or guardian in a court action involving a minor. (S: Fowler; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice 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 1590
HB 0094*
(Full Text) |
Medical malpractice actions by a minor. Requires medical malpractice actions by a minor be brought forth within four years of the date of the alleged wrongful act; specifies that actions by a minor under the age of six years be brought forth either within four years of alleged wrongful act or prior to such minor's eighth birthday, whichever provides a longer period. (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 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 1613
HB 0190*
(Full Text) |
Increases period to file tort liability reports. Increases to four years from three years the period governmental entities are required to file a report on tort liability activities with the state treasurer. (S: Norris; H: Overbey)
Senate Status: Withdrawn in Senate 02/25/2005.
House Status: Caption bill held on House clerk's desk.
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SB 1761
HB 0911*
(Full Text) |
Injuries to invitees caused by third party criminal act. Excludes business owners from liability for injuries to an invitee proximately caused by the criminal act of a third party. (S: Person; H: Kelsey)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Failed in House Civil Practice Subcommittee 04/26/2005.
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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 2059*
HB 2009
(Full Text) |
Medical malpractice action - affidavit from expert required. Requires plaintiff filing action for medical malpractice to file affidavit from expert and HIPAA-compliant medical authorization form with complaint or within 60 days of filing complaint. Limits damages for loss of consortium to spouse, parent or child of decedent. (S: Kurita; 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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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 0414
HB 0169*
(Full Text) |
Allocation of firefighter license plate funds. Specifies that 50 percent of the funds produced from the sale or renewal of special purpose license plates for firefighters be allocated to the Tennessee Firefighters Emergency Relief Fund, forty percent be allocated to the arts commission, and ten percent be allocated to the highway fund. (S: Haynes; H: Turner M.)
Senate Status: Referred to Senate Transportation.
House Status: Taken off notice in House Public Transportation & Highways Subcommittee.
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SB 0461*
(Full Text) |
Express warranty for pre-owned motor vehicles. Requires pre-owned motor vehicles sold by automobile dealers to be subject to an express warranty that such vehicles are free from extraordinary defects. Allows such provisions to be waived by written agreement. Allows purchaser right to return vehicle within seven days for a full refund if seller does not provide warranty. (S: Cohen)
Senate Status: Withdrawn in Senate 04/25/2005.
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SB 0720*
HB 1680
(Full Text) |
Proof of insurance required for registration. Enacts "Daniel Tracy Law" to requires proof of insurance to be submitted before a certificate of registration and registration tags, or renewal of registration be issued for a passenger motor vehicle. Requires county clerk to verify that the name on the proof is the same as the registrant but is not required to verify the validity or accuracy of the information. (S: Southerland; H: Yokley)
Senate Status: Senate Transportation 04/20/2005 recommended. Sent to Senate Finance, Ways & Means.
House Status: Referred to House Transportation Public Safety & Rural Roads Subcommittee.
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SB 0728*
HB 0904
(Full Text) |
DUI blood alcohol test required for probable cause. Requires law enforcement officer to conduct test to determine blood alcohol of driver involved in collision resulting in serious bodily injury or death if officer has probable cause to believe driver committed any motor vehicle violation. Provides that test be conducted whether or not driver consents. (S: Beavers; H: Maggart)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary Constitutional Protections Subcommittee.
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SB 0802
HB 0215*
(Full Text) |
Certificates of driving. Increases minimum period of time for validity of certificates of driving from one year to three years. (S: Burchett; H: Briley)
Senate Status: Taken off notice in Senate Transportation.
House Status: Referred to House Transportation Public Safety & Rural Roads Subcommittee.
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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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SB 1575
HB 0979*
(Full Text) |
Financial Responsibility Law - dismissal of charges. Requires court to dismiss charge of failure to provide evidence of financial responsibility against defendant and order record of such offense expunged, if court is satisfied that defendant's compliance with financial responsibility law was in effect at time of violation. (S: Norris; H: Gresham)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary Criminal Practice Subcommittee 04/12/2005.
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SB 1607
HB 0448*
(Full Text) |
Proof of insurance. Increases penalty for failure to provide proof of motor vehicle insurance from $100 to $250 for first offense and sets fine at $500 for second or subsequent offense. (S: Norris; H: Todd)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Budget Subcommittee deferred to March 2006.
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SB 1700*
HB 1576
(Full Text) |
Financial responsibility reporting requirements. Increases from 20 days to 90 days the amount of time a motor vehicle operator has to report in writing to the department of safety when such person is involved in a motor vehicle accident. Requires the law enforcement officer investigating the accident to inform all operators involved in such accident the legal necessity of reporting to the department of safety. Specifies if the report is not received the commissioner may issue a suspension of such operators license and registration. (S: Haynes; H: West)
Senate Status: Referred to Senate Transportation.
House Status: Taken off notice in House Transportation Public Safety & Rural Roads Subcommittee.
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SB 1873*
HB 2071
(Full Text) |
Notification of medical examiner and mandatory testing. Requires officials to notify the county medical examiner upon the death of a person in a traffic collision. Authorizes officers and health care providers suspicious of drug involvement in a traffic collision to require the driver to take blood tests for alcohol and drug content. (S: Herron; H: Newton) Senate amendment 1 requires certain persons if aware of the driver drinking alcohol to report it to the police. Gives the option of notifying the department of safety.
Senate Status: Senate 05/04/2005 passed with amendment.
House Status: Taken off notice in House Criminal Practice Subcommittee.
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SB 1941*
(Full Text) |
Alcohol and drug related collisions. Requires a law enforcement officer with cause to believe that the driver of a motor vehicle has been involved in a fatal accident to test the alcohol or drug content of such driver's blood, regardless of such driver's consent. Also, requires law enforcement officer to notify the county medical examiner of any such motor vehicle death. Requires health care providers to notify a law enforcement officer in cases where there is reasonable belief that the person was involved in a collision or if blood or urine test reveals drug content or a blood alcohol level above the legal limit. (S: Herron)
Senate Status: Taken off notice in Senate Judiciary.
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SB 2074
HB 2145*
(Full Text) |
Mandatory Motor Vehicle Insurance Act of 2005. Requires evidence that a vehicle and its owner have met the requirements of the Tennessee Financial Responsibility Law of 1977 in order for owner to obtain vehicle registration or renewal. Specifies that such evidence includes proof of insurance or a certificate, valid for one year issued by the commissioner of safety, stating that a cash deposit or bond in the amount required by the Tennessee Financial Responsibility Law of 1977 has been paid or filed with the commissioner's office for the period of registration or renewal. (S: Cooper J.; H: Fitzhugh)
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 2249
HB 2262*
(Full Text) |
Pretrial diversion denied for DUI offenses. Specifies that no person convicted of DUI will be eligible for suspension of sentence or probation. Includes in the definition of qualified defendant a person who is not seeking deferral of further proceedings for DUI offenses. (S: Kyle; H: McMillan) Senate amendment 1 rewrites the bill. Grants that courts shall consider but are not bound by the advisory sentencing guidelines. Lists advisory factors for determining enhancement of a defendant's sentence. Adds statistical information provided by the administrative office of the court for sentencing offense consideration. Allows defendant be eligible for probation if imposed sentence is 10 years or less rather than 8 years. Changes grounds for appeal. Removes specific factors which courts should consider when sentencing offenses. Allows those defendants who are sentenced after the effective date for offenses committed after July 1, 1982, to elect to be sentenced under these provisions.
Removes all application for those persons convicted of murder in the first degree. Requires the TN Code Commission to publish commentary.
Oversight Corrections Committee comment: Oversight Corrections Committee adopted and released to full committee with additional remark that the clarifications are needed, but will have a minimal impact on the operations of corrections.
Senate Status: Senate 05/05/2005 passed with amendment.
House Status: Set for House floor #2 05/18/2005. House passed 05/18/2005.
Other Status: Sent to governor 05/18/2005.
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HB 0213*
(Full Text) |
Documentation needed for driver license. Expands documentation allowed for application of driver license to include any documentation from the federal government establishing valid authorization to work in the United States. (H: Briley)
House Status: Referred to House Transportation Public Safety & Rural Roads Subcommittee.
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WORKERS COMPENSATION
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SB 0776
HB 0713*
(Full Text) |
Providing of medical care to injured worker. Provides that when employer's workers' compensation insurer is insolvent under state or federal law or in proceeding under TCA Title 56, Chapter 9, and neither insurer nor employer has provided medical care to injured worker as required by TCA 50-6-204(a), then inured worker may seek relief from court to obtain order compelling employer to comply with provisions of TCA 50-6-204(a). Contains broad caption. (S: Burchett; H: Hargrove)
Workers Compensation Advisory Committee comment: There is currently a process for injured worker to be addressed. The committee cannot identify any problems with the current process.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/18/2005 released with previously adopted comment.
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SB 0981
HB 0676*
(Full Text) |
Prompt payment of workers' compensation claims to providers. Requires Commissioner of Labor and Workforce Development to set standards by rule governing prompt payment of workers' compensation health claims by insurance carriers and self-insured employers. Requires standards, to extent possible, to follow standards set in TCA Title 56 for timely reimbursement of health insurance claims governing time frames by which party responsible for health care costs shall pay claim if it is clean claim and notify provider within certain time frame why claim is not clean claim and what additional information is required for processing and payment. Requires commissioner to promulgate rules relative to processing of payment of health care claims for providers and to contend with entity that does not comply. Provides that rules may permit commissioner to assess civil penalty equal to 25% of unpaid or untimely paid benefits owed to health care provider under Workers' Compensation Law when
commissioner determines that unpaid or untimely paid benefits were appropriately owed to health care provider but either not paid or paid late. (S: Bryson; H: Maddox)
Workers Compensation Advisory Committee comment: There is already a law that exists dealing with the issue of when medical bills are to be paid in workers' compensation matters. The committee noted that when medical bills are placed through the audit process delay in payment may occur but the promulgation of the medical fee schedule should alleviate the problem.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Referred to House Government Operations for review - Consumer.
Other Status: Workers' Compensation Advisory Council 03/18/2005 adopted comment.
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SB 1426
HB 0720*
(Full Text) |
Comprehensive medical fee schedule. Extends to 4/1/05 from 2/15/05 deadline for Commissioner of Labor and Workforce Development to file proposed rules to implement medical fee schedule with clerk of Senate, clerk of House, House Consumer and Employee Affairs Committee, and Senate Commerce, Labor and Agriculture Committee. Contains broad caption. (S: Cooper J.; H: West)
Senate Status: Senate passed 03/14/2005.
House Status: House passed 02/28/2005.
Other Status: Enacted as Public Chapter 0007 (effective 03/21/2005).
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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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SB 2117
HB 2044*
(Full Text) |
Legal fees reimbursed for employer's challenge to premium. Provides that if insurance carrier audits policy of workers' compensation insurance and thereafter assesses employer premium that is ultimately determined by court or administrative appeal process to have been erroneously or unreasonably assessed against employer, insurance carrier must reimburse employer for employer's legal fees incurred in defense of insurance carrier's effort to increase premium. (S: Kyle; H: Maddox) Senate amendment 1 rewrites bill to permit Commissioner of Commerce and Insurance to impose up to $10,000 civil penalty per occurrence if workers' compensation insurer, without any lawful basis, has assessed employer premium for individuals who are not employees or on basis of improper classification of employees. House Consumer & Employee Affairs Committee amendment 1 refers to legal fees incurred "to defend against," rather than incurred "in defense of," insurance carrier's effort to increase
premium.
Workers Compensation Advisory Committee comment: Workers Compensation released to full committee with additional remark that insurance companies should not be excluded. The committee questions whether the premium is determined to have been properly assessed will the insured pay the attorney fees of the carrier. The committee notes if attorney fees are assessed, this will increase workers' compensation costs because the attorney fees will be added to the loss costs.
Senate Status: Senate 05/26/2005 passed with amendment.
House Status: Referred to House Finance, Ways & Means.
Other Status: Workers' Compensation Advisory Council 03/18/2005 released without recommendation.
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SB 2141
HB 2076*
(Full Text) |
Liability of prime contractor for injuries of subcontractor. (1) Removes liability of principal or intermediate contractor for work-related injuries of employees of subcontractors. (2) Provides that principal or intermediate contractor or subcontractor is not liable to pay compensation to injured employee of another subcontractor or intermediate contractor. (S: Herron; H: Maddox)
Workers Compensation Advisory Committee comment: Workers Compensation released to full committee with additional remark that stated the bill will eliminate vertical liability between various levels of contractors and violates the historical principle that the general contractor is the ultimate responsible party in the event a subcontractor is not covered. Members noted that there is not a construction trade organization in favor of this bill, and that the way TN currently treats this issue is the norm in all states and the bill will deviate substantially from the standard.
Senate Status: Senate Commerce, Labor & Agriculture deferred to call of the chair.
House Status: House Employee Affairs Subcommittee deferred to third meeting of 2006 and referred to summer task force meeting.
Other Status: Workers' Compensation Advisory Council 03/18/2005 released without recommendation.
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