Action List

News and Information on Actions of the Tennessee General Assembly

(Updated March 18, 2014)


These are bills that the Tennessee Bar Association has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue.


To track a bill's status between updates, visit the General Assembly's web site. There you can track each bill by its number and also find contact information on each senator and representative.


Campaigns & Lobbying - 1

SB1806 / HB1725 Local government tax revenues - retention of lobbyist.
Category Campaigns & Lobbying
Sponsors Sen. Frank Niceley / Rep. Dennis Powers
Description Prohibits local government entities from using tax revenues for retaining a contract lobbyist who is not an employee of the local government entity.
Senate Status 01/23/2014 - Referred to Senate State & Local Government Committee.
House Status 03/10/2014 - Withdrawn in House.

Commercial Law - 2

SB1505 / HB1442 Revises laws relating to non-profit corporations.
Category Commercial Law
Sponsors Sen. Jack Johnson / Rep. William G. Lamberth
Description Makes several revisions to the Tennessee Nonprofit Corporation Act. Most of the more significant changes alter notices, filing requirements, filing fees, indemnification and liability, actions without a meeting, proxies, inspectors of election, the exercise of powers of directors, liability for unlawful distributions, duties of officers, removal of officers, conflict of interest, charter and bylaw amendments, mergers, membership exchanges and conversions, transfers of assets, and other provisions. (90 pp.)
Amendment HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1, SENATE AMENDMENT 2 (011774) makes several technical corrections and changes that allow for proper cite references. Makes changes regarding the approval of a written ballot, such that the section is applicable to the election of directors, and that the section is contingent upon whether the charter, bylaws, or specified sections of statute requires a greater number of affirmative votes. Changes a provision relative to the general standards of conduct for a director. Deletes Section 24 of the original bill regarding notice of meetings for mutual benefit corporations, the list of names of all members entitled to notice of a meeting, and regarding inspection requirements for corporations when a member has demanded an inspection of the list be completed.
Senate Status 02/24/2014 - Senate passed with amendment 2.
House Status 03/12/2014 - House Finance Subcommittee deferred to 03/26/14.
SB1613 / HB1964 Liability protection for partners of a limited liability partnership.
Category Commercial Law
Sponsors Sen. John Stevens / Rep. Jon Lundberg
Description Clarifies liability protection for partners of a limited liability partnership to include that partners are not personally liable for an obligation solely by reason of being or acting as a partner.
Amendment Senate amendment 1, House Business & Utilities Committee amendment 1 (011826) adds a section providing that limitations on individual partner liability established by the proposed legislation do not apply to obligations incurred prior to July 1, 2014.
Senate Status 02/12/2014 - Senate passed with amendment 1.
House Status 03/18/2014 - Set for House Regular Calendar 03/20/14.

Criminal Law - 9

SB1362 / HB1293 Continuous sexual abuse of a child.
Category Criminal Law
Sponsors Sen. Ken Yager / Rep. Vince Dean
Description Creates the Child Protection Act. Creates penalties for continuous sexual abuse of a child, including the creation of new felony offenses for sexually abusing a child three or more times over a 90 day period or five incidents involving two or more victims within a 90 day period. Requires prosecution to file a notice with the court identifying the multiple acts of sexual abuse of a child. Requires the court to consider additional factors when considering sentencing. Prohibits such persons convicted of continuous sexual abuse of a child from receiving release eligibility until serving the entire sentence. Requires such persons to receive a sentence of community supervision for life.
Amendment House Criminal Justice Committee amendment 1, Senate Judiciary Committee amendment 1 (006681) adds a provision that requires either a common method or characteristic in the commission of the offense or the victims of the incidents of sexual abuse of a child have common characteristics with each other or with the defendant, which include but are not limited to being related to the defendant by blood or marriage, residing with the defendant, or the defendant being an authority figure and the victims knew each other. Removes the provisions that would allow the State to prosecute multiple allegations of sexual abuse of a child against one defendant in one prosecution in one venue. Requires the jury to unanimously agree on at least three specific acts of sexual abuse alleged against a defendant to convict the defendant under (e)(1) of the bill. The original bill only required the jury to agree that three or more acts occurred, but did not require the jury to agree on which acts constituted those three or more acts. Requires the jury to unanimously agree on at least five specific acts of sexual abuse alleged against a defendant to convict the defendant under (e)(2) of the bill. The original bill only required the jury to agree that five or more acts occurred, but did not require the jury to agree on which acts constituted those five or more acts. Removes the provision that would allow the court to admit and the jury to hear evidence that the defendant committed any other offense that would constitute a violation of, or an attempt to commit a violation of, continuous sexual abuse of a child; aggravated rape; rape; aggravated sexual battery; rape of a child; sexual battery of a child by an authority figure; soliciting sexual exploitation of a minor, exploitation of a minor by electronic means; aggravated rape of a child; or statutory rape by an authority figure.
Senate Status 04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status 04/18/2013 - Taken off notice in House Finance Subcommittee.
SB1434 / HB1370 Arrest warrant to be issued by law enforcement.
Category Criminal Law
Sponsors Sen. Doug Overbey / Rep. William G. Lamberth
Description Clarifies standards for the issuance of a criminal summons or an arrest warrant. Requires the magistrate to issue an arrest warrant when one of the affiants is law enforcement, unless one of the affiants requests a criminal summons be issued instead. Requires the magistrate to issue a criminal summons when the offense is a misdemeanor and none of the affiants are law enforcement, unless the magistrate agrees with one of the affiants that an arrest warrant should be issued instead. Prohibits the magistrate to issue either a criminal summons or arrest warrant when none of the affiants are law enforcement, unless the magistrate has probable cause to believe that the issuance is necessary to prevent an immediate danger of aggravated assault or felony domestic abuse.
Amendment HOUSE AMENDMENT 2 (012852) revises the sections of this bill described in (1) - (3) of the this bill so that the following will apply in determining whether a summons or warrant will be issued. In a felony or misdemeanor offense and law enforcement is the affiant and a single or multiple affiants are seeking a warrant of arrest for a felony or misdemeanor offense and at least one or more of the affiants is a law enforcement officer, then a warrant will be issued; however, in such instances the "law enforcement officer", rather than the "affiant", may request that a summons be issued instead of a warrant. In a misdemeanor offense and no law enforcement affiant and a single or multiple affiants are seeking a warrant of arrest for a misdemeanor offense and none of the affiants is a law enforcement officer, there will be a presumption that a criminal summons will be issued; however, the presumption will be overcome if the affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons or the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking. In a felony offense and no law enforcement affiant and a single or multiple affiants are seeking a warrant of arrest for a felony offense and none of the affiants is a law enforcement officer, then there will be a presumption that the magistrate will not issue either a criminal summons or an arrest warrant; however, the presumption will be overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking.
Senate Status 02/20/2014 - Senate passed.
House Status 02/20/2014 - House passed with amendment 1.
Executive Status 03/05/2014 - Signed by governor.
SB1685 / HB1488 Search warrant issued with telephone information.
Category Criminal Law
Sponsors Sen. Mark Green / Rep. William G. Lamberth
Description Allows a magistrate to issue a search warrant based on information communicated by telephone or other reliable electronic means. Also allows the proposed warrant, the signed affidavit, and accompanying documents to be transmitted by electronic facsimile transmission or by electronic transfer with electronic signatures to the magistrate, who may act upon the transmitted documents as if the documents were originals.
Amendment House amendment 1 (012061) corrects the item noted above to clarify that the magistrate will issue a copy of the warrant, with electronic signatures, to the affiant.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 02/20/2014 - House passed with amendment 1.
SB1726 / HB1524 Photographs of a victim of a violent crime.
Category Criminal Law
Sponsors Sen. Charlotte Burks / Rep. Ryan A. Haynes
Description Requires a photograph of a victim of a violent crime, taken prior to the crime, to be admitted at trial during the state's case-in-chief if the victim is unable to testify or be present at trial. Broadly captioned.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB1794 / HB2337 Minimum sentencing for repeat domestic assault offenders.
Category Criminal Law
Sponsors Sen. Becky Duncan Massey / Rep. Sherry Jones
Description Extends the minimum sentencing requirement for a second conviction of domestic assault from 30 days to 45 consecutive days and from 90 days to 120 consecutive days for a third or subsequent conviction. Requires persons convicted of domestic assault to serve the minimum sentence day for day, in addition to serving the difference in time actually served and the maximum sentence on probation. Authorizes the sheriff or chief administrative officer of a local jail to use an alternative facility for the incarceration of an assault offender if space is not otherwise available within 90 days of conviction. Requires the alternative facility to be approved by an appropriate county of municipal body.
Amendment House Criminal Justice Committee amendment 1 (012935) requires the minimum sentence to be served on consecutive days. Requires every offender to serve the difference between the time actually served and the maximum sentence on probation.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Finance Subcommittee Addendum 03/19/14.
SB1955 / HB1520 POST training for judges carrying firearm in courtroom.
Category Criminal Law
Sponsors Sen. Dolores R. Gresham / Rep. Steve McDaniel
Description Removes the requirement that judges must complete POST training in order to carry a firearm during the discharge of the judge's official duties. Requires that such a judge keep the handgun concealed at all times when in the discharge of such duties.
Senate Status 03/18/2014 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB2087 / HB2087 Location information of electronic device without search warrant.
Category Criminal Law
Sponsors Sen. Mae Beavers / Rep. James (Micah) Van Huss
Description Prohibits governmental entities from obtaining the location information of an electronic device without a search warrant issued by a duly authorized court, except in the following circumstances: (1) The device is reported stolen by the owner; (2) In order to respond to the user's call for emergency services; (3) To prevent imminent danger to the life of the owner or user; (4) To prevent imminent danger to the public; or (5) With the informed, affirmative consent of the owner or user of the electronic device. Any evidence obtained in violation of this bill will not be admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant. Creates a class C misdemeanor for violation of the statute.
Amendment House Civil Justice Subcommittee amendment 1 exempts certain professions from the bill's provisions.
Senate Status 03/18/2014 - Senate Judiciary Committee deferred to 03/25/14.
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.
SB2160 / HB2281 Required reporting - death of a child.
Category Criminal Law
Sponsors Sen. Janice Bowling / Rep. Mary Littleton
Description Requires that any person who has knowledge of the death of a child must report the death immediately to the department and any local law enforcement agency with jurisdiction over the child's death. Requires the report to include contact information and other pertinent information. Requires the law enforcement department work in coordination with the local enforcement agency to determine if the report warrants an investigation into the child's death by child protective services.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
HB914 Creates the offense of attorney misconduct.
Category Criminal Law
Sponsors Rep. Andy Holt
Description Establishes the Class A misdemeanor offense of attorney misconduct. Provides that the injured party may also recover treble damages for attorney misconduct by civil action.
Senate Status None
House Status 02/13/2013 - Referred to House Civil Justice Committee.

Education - 1

SB2525 / HB2293 Altering proposed budget of the county department of education.
Category Education
Sponsors Sen. Mike Bell / Rep. Jeremy Durham
Description Revises the provisions governing altering or revising the budget of the county department of education. Allows the county legislative body to alter or revise line items of the portion of the proposed budget if the budget contains lobbying expenditures.
Senate Status 03/18/2014 - Senate State & Local Government Committee deferred to 03/25/14.
House Status 03/18/2014 - House Finance Committee recommended with amendment 1 (014707). Sent to House Calendar & Rules.

Estates & Trusts - 2

SB1907 / HB2068 Various changes in probate and trusts.
Category Estates & Trusts
Sponsors Sen. Doug Overbey / Rep. Andrew Farmer
Description Makes various technical changes and additions to present law concerning probate and trusts and specifies a process for creditor claims against tenants by the entirety in the property.
Amendment House Civil Justice Committee amendment 1 (012236) redefines small estates for purposes of probating by affidavit to include an estate under 50,000 dollars rather than 25,000 dollars.
Senate Status 03/10/2014 - Senate passed.
House Status 03/13/2014 - House Calendar & Rules Committee deferred to 03/20/14.
SB2077 / HB1945 Digital Asset Protection Act of 2014.
Category Estates & Trusts
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Creates the Digital Asset Protection Act of 2014. Allows a personal representative of a decedent's estate to take control of certain digital assets and digital accounts owned by decedent at death, unless specified by the decedent's will or court order. Requires digital records custodian to recognize the personal representative's control of such property. Revises provisions related to the administration of estates, trusts, and powers of attorney, to give personal representatives, trustees, attorneys-in-fact, and other fiduciaries the power to access, control and transfer a decedent or incapacitated person's digital assets and digital accounts.
Senate Status 02/25/2014 - Taken off notice in Senate Judiciary Committee.
House Status 02/12/2014 - Taken off notice in House Civil Justice Subcommittee.

Family Law - 7

SB1488 / HB1851 Modification of child custody factors.
Category Family Law
Sponsors Sen. Mike Bell / Rep. Harry Brooks
Description Requires parenting plans to be notarized by the party or parties submitting the plan. Enhances parental rights concerning child custody orders. Alters child custody determination factors. Makes such child custody determination factors applicable to determinations concerning relocation and establishment of residential schedules. Broadly captioned.
Amendment SENATE AMENDMENT 1 (012327) deletes the prohibition of a parent exercising parenting time from remaining in a room or listening in on a telephone conversation between the child and the other parent. Includes parental access to individual student records or grades that are available online. Requires the court to consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights and the history of either parent or any caregiver denying parenting time to either parent in violation of a court order. Removes the parent's ability to instruct, inspire and encourage the child to prepare for a life of service, and to compete successfully in society as one of the factors the court must consider when determining custody arrangements. HOUSE AMENDMENT 2 (013688) specifies that the provisions regarding notice of activities of the child includes notice of all activities as to which parental participation or observation would be appropriate.
Senate Status 03/13/2014 - Senate concurred in House amendment 2.
House Status 03/06/2014 - House passed with amendment 2.
SB1885 / HB1766 Requirements for in loco parentis decision-making for a minor child.
Category Family Law
Sponsors Sen. Doug Overbey / Rep. Vince Dean
Description Establishes requirements for in loco parentis, in the place of a parent, medical decision-making for a minor child, in the absence or unavailability of that minor child's parent or legal guardian. Requires a person standing in loco parentis to sign an in loco parentis affidavit under penalty of perjury stating that they have taken responsibility for the health care of the minor child. Exempts a person standing in loco parentis from civil liability for damages unless there is willful misconduct or gross negligence. Exempts a healthcare professional or provider licensed to practice or operate in this state who relies on an authorization affidavit and provides health care to an unemancipated minor from civil liability, criminal culpability, or professional disciplinary action for treating that minor if a reasonable healthcare professional or provider would have done so under the same or similar circumstances. Extends the power of attorney signature provision which required that the power of attorney for care of the minor child be signed by the parent or legal guardian and acknowledged before a notary public and now also allowing two witnesses to sign and date their signatures concurrently and in each other's presence.
Amendment SENATE AMENDMENT 1 (012788) rewrites the bill. Redefines certain terms. Provides that when an individual listed in subdivision (b)(1) is not reasonably available, the following may stand in loco parentis for purpose of making health care decisions for an unemancipated minor in order of priority: (i) noncustodial parent; (ii) grandparent; (iii) adult sibling; (iv) stepparent; (v) another adult family member; or (iv) competent adult. Clarifies who may not stand in loco parentis. Provides that the affidavit shall expire 60 days from the date of execution, and may be extended an additional 60 days. HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (013295) rewrites the bill. Authorizes the power of attorney for care of a minor child to be signed by two witnesses instead of a notary public. Defines "health care", "health care decisions", "health care institution", "health care provider", and "reasonably available" as currently defined in Tenn. Code Ann. § 68-1-1802. Authorizes non-custodial parents, grandparents, adult siblings, stepparents, or other adult family members when standing in loco parentis to make health care decisions for an unemancipated minor in the absence of a guardian or legal custodian, or an individual who has been given a power of attorney for the care of the child. Prohibits the treating health care provider or employee, an operator or employee of a health care institution, or an employee of the operator of a health care institution from standing in loco parentis. Requires the adult standing in loco parentis to sign an affidavit stating that the person has taken responsibility for the health care of the child. Authorizes a person standing in loco parentis to exercise existing parental rights to obtain medical records and information. Prohibits a person standing in loco parentis from consenting on behalf of the minor to withhold or withdraw life sustaining procedures; to an abortion; to sterilization; to psychosurgery; to admission to a mental health facility for a period longer than the durational limits in statute; or to mental health treatment for a minor 16 years of age or older. Grants immunity for a person standing in loco parentis from being liable for damages except for acts of willful misconduct or gross negligence. Grants health care providers immunity from civil liability, criminal culpability, or professional disciplinary actions for treating an unemancipated minor without legal consent when relying on a written instrument that is consistent with the requirements set forth in the bill.
Senate Status 03/03/2014 - Senate passed with amendment 1.
House Status 03/18/2014 - Set for House Regular Calendar 03/20/14.
SB1909 / HB1877 Divorce involving domestic violence - fees attributed to abuser.
Category Family Law
Sponsors Sen. Doug Overbey / Rep. Bob Ramsey
Description Requires any debt owed for any batterer's intervention or rehabilitation programs to be attributed to the abuser only, in divorce proceedings, where there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the divorce proceeding.
Senate Status 01/27/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.
SB1948 / HB2081 Voluntary acknowledgement of paternity - additional challenge.
Category Family Law
Sponsors Sen. Thelma Harper / Rep. Harold Love Jr.
Description Alters opportunities to challenge a voluntary acknowledgement of paternity. Allows opportunity within three years of discovering fraud, duress, or material mistake of fact. Allows challenge after an action is initiated to establish and prior to the establishment of a legal right or obligation to a particular child. Specifies procedure and costs to such actions. Allows, instead of requires, a court to dismiss certain parenting actions.
Senate Status 01/27/2014 - Referred to Senate Judiciary Committee.
House Status 02/04/2014 - Referred to House Civil Justice Subcommittee.
SB2372 / HB2305 Required drug screens for certain parents.
Category Family Law
Sponsors Sen. Jack Johnson / Rep. Mary Littleton
Description Prohibits the court from returning a child to a parent's custody when a court, in a private custody case not involving the department of children's services or a child-placing agency, removed the child from the parent's custody due primarily or solely to drug abuse by that parent until that parent passes six consecutive monthly drug tests; provides that the parent is to pay for the drug tests.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB2409 / HB2452 Child support - obligation changes.
Category Family Law
Sponsors Sen. Mae Beavers / Rep. Kelly Keisling
Description Creates a rebuttable presumption against backdated child support payments where one of the child's parents can show that the other parent either did not notify that parent of or actively concealed the child's existence. Decreases the interest rate charged on arrearages from 12% to 5.25%. Declares that the court must consider the income earned by each parent during the parent's primary full-time employment of 40 hours per week maximum, and any hours worked over 40 hours must not be considered for child support calculation. Declares that gifts received by a parent are not income, if a parent has more than one child that they are court ordered to pay child support for and they are not in arrears for the other child the court must deduct 100% of the amount of support ordered for the other child from the parent's income, a non-custodial parent will not be required to pay more because they have the child less time than the custodial parent, and no parent is obligated to pay for any extraordinary expense outside of the child's support obligation unless that parent shared in the decision that led to the extraordinary expense.
Senate Status 02/05/2014 - Referred to Senate Judiciary Committee.
House Status 02/26/2014 - Taken off notice in House Civil Justice Subcommittee.
SB2418 / HB2314 Uniform Deployed Parents Custody and Visitation Act.
Category Family Law
Sponsors Sen. Dolores R. Gresham / Rep. John Ragan
Description Creates the Uniform Deployed Parents Custody and Visitation Act. Prohibits residence of deployed parent from changing because of deployment if a court orders a temporary or permanent order regarding custodial responsibility. Requires deploying parent to provide notice of deployment in certain situations. Prohibits a court from considering a parent's past or future deployment when determining the best interest of the child. Allows parents to enter into certain temporary agreements concerning custodial responsibility. Sets up procedure for terminating such agreements. (16 pp.)
Amendment House Civil Justice Committee amendment 1 (014116) rewrites the bill. Alters definitions. Removes provision regarding courts granting limited contact orders to certain nonparent members. Alters provisions regarding certain custodial responsibility orders. (13 pp.)
Senate Status 02/05/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - House Calendar & Rules Committee deferred to 03/20/14.

Government Organization - 3

SB567 / HB835 Extends the judicial performance evaluation commission.
Category Government Organization
Sponsors Sen. Mike Bell / Rep. Judd Matheny
Description Extends the judicial performance evaluation commission through June 30, 2014.
Amendment Senate amendment 2 (007528) reconstitutes the judicial performance evaluation commission by adding a requirement that the speaker of each chamber of the general assembly appoint members to the commission by July 1, 2013.
Senate Status 04/19/2013 - Senate passed with amendment 2.
House Status 04/19/2013 - Held on House clerk's desk.
SB1526 / HB1603 Sunset - board of law examiners.
Category Government Organization
Sponsors Sen. Mike Bell / Rep. Judd Matheny
Description Extends the termination date of the Board of Law Examiners to June 30, 2020. Under the Tennessee Governmental Entity Review Law, the Board is scheduled to terminate on June 30, 2014.
Senate Status 01/27/2014 - Senate passed.
House Status 02/10/2014 - House passed.
Executive Status 02/19/2014 - Enacted as Public Chapter 0490 effective February 20, 2014.
SB1566 / HB1640 Sunset-extends the Tennessee board of judicial conduct.
Category Government Organization
Sponsors Sen. Mike Bell / Rep. Judd Matheny
Description Sunsets the Tennessee board of judicial conduct on June 30, 2018.
Senate Status 03/13/2014 - Set for Senate Government Operations Committee 03/19/14.
House Status 03/03/2014 - House passed.

Judiciary - 58

SB214 / HB363 Background investigations for judicial appointment.
Category Judiciary
Sponsors Sen. Doug Overbey / Rep. Andrew Farmer
Description Requires the governor to direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of prospective judicial appointments prior to making an appointment. Background investigations and inquiries shall be completed within ninety days of receiving the commission's panel or panels of nominees.
Senate Status 04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status 03/28/2013 - Held on House clerk's desk.
SB215 / HB364 Extends the judicial nominating commission to 2015.
Category Judiciary
Sponsors Sen. Doug Overbey / Rep. Andrew Farmer
Description Extends the judicial nominating commission.
Amendment Senate Government Operations Committee amendment 1 (006861) makes technical corrections.
Senate Status 04/19/2013 - Re-referred to Senate Calendar Committee.
House Status 02/21/2013 - Referred to House Government Operations.
SB216 / HB695 Extends the judicial performance evaluation commission.
Category Judiciary
Sponsors Sen. Doug Overbey / Rep. Andrew Farmer
Description Extends the judicial performance evaluation commission.
Amendment SENATE AMENDMENT 1 (006742) rewrites the bill. Creates a new judicial performance evaluation commission composed of nine members. Creates appointment procedures for the nine member commission. Replaces the language "beginning July 1, 2009" with "beginning July 1, 2013". SENATE AMENDMENT 2 (006780) deletes and rewrites Section 4 of bill. Adds the language "Judicial performance evaluation commission, created by Section 17-4-201" in a new subdivision to Section 4-29-235(a).
Senate Status 04/19/2013 - Senate refused to recede from its actions in adopting Senate amendments 1 and 2.
House Status 04/19/2013 - House appoints conference committee consisting of Rep. Farmer (R), Rep. Lundberg (R), and Rep. Stewart (D).
SB406 / HB280 Requires election of judges.
Category Judiciary
Sponsors Sen. Mae Beavers / Rep. Rick Womick
Description Requires election of all judges, with supreme court judges being elected to one of five specified grand divisions of the state. Requires supreme court judges to have been a resident of the state for five years and a resident of the corresponding grand division for one year. Sets terms for all judges at eight years. Provides process for judicial vacancies.
Senate Status 04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status 02/05/2013 - Referred to House Civil Justice Subcommittee.
SB443 / HB206 Changes regarding court reporting entities.
Category Judiciary
Sponsors Sen. Doug Overbey / Rep. Eric Watson
Description Prohibits certain depositions recorded by a court reporting entity when the entity has a contractual relationship with one of the parties; is a party in the action; is a relative, employee, or attorney of one of the parties; or has a financial interest in the action. Prevents this prohibition from being waived in any way. Requires court reporting entity to make reasonable efforts to determine if any violation is occurring. Prohibits court reporting entity from entering into certain contracts for court reporting. Makes penalties for violating portions of this section Class C Misdemeanors, financial penalties, disciplinary hearings. Voids any depositions that were acquired in violation of this section. Requires certain itemized statements to be provided for court reporting services.
Senate Status 02/19/2013 - Senate Judiciary recommended. Sent to Calendar Committee.
House Status 02/05/2014 - Taken off notice in House Civil Justice Committee.
SB598 / HB275 Removes limitation on strip searches of arrested persons.
Category Judiciary
Sponsors Sen. Jack Johnson / Rep. Glen Casada
Description Removes limitations of strip searches for traffic, regulatory or misdemeanor offenses, except in cases involving weapons or drugs and allows arrested individuals to be strip searched regardless of the offense. Requires searches to be in accordance with search or intake procedures.
Senate Status 02/08/2013 - Referred to Senate Judiciary.
House Status 02/18/2014 - Taken off notice in House Criminal Justice Subcommittee.
SB779 / HB635 Attorney discipline - ex parte and confidential communications.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Jon Lundberg
Description Creates a Class A misdemeanor for any person appointed by the supreme court to serve on a board or committee regarding certain attorney discipline investigations to knowingly disclose certain confidential information or engage in ex parte communications with any Justice whose duty it is to review the recommended punishment or trial level judge whose duty it is to hear an appeal from the hearing panel.
Amendment House Civil Justice Subcommittee amendment 1 (004407) broadens the offenses to also prohibit the person subject to disciplinary action and such person's legal counsel from knowingly engaging in ex parte communications or releasing material to the media. Reduces offenses to Class C misdemeanors.
Senate Status 04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status 04/03/2013 - House Civil Justice Committee deferred to summer study.
SB780 / HB636 Reassessment of state's judicial districts every 10 years.
Category Judiciary
Sponsors Sen. Mark S. Norris / Rep. Jon Lundberg
Description Requires reassessment of state's judicial districts. Beginning July 1, 2013, the state's judicial districts shall be reassessed at least once every ten (10) years by the administrative office of the courts. The findings of such reassessment and any suggested changes in the judicial districts or allocation of judges shall be reported to the judiciary committee of the senate and the civil justice committee of the house of representatives by December 1 of that year. Broadly captioned.
Amendment Senate amendment 1 (004540) rewrites the bill. Reduces the number of judicial districts from 31 to 29. Adds Cannon, Van Buren, and Warren to the fourteenth judicial district and eliminates Cannon from the sixteenth judicial district. Removes Hickman, Lewis, and Perry from the twenty-first judicial district. Adds Lewis and Perry to the twenty-second judicial district. Adds Hickman to the twenty-third judicial district. Adds Dyer and Lake to the twenty-seventh judicial district and eliminates the current twenty-ninth district, composed of Dyer and Lake. Designates the current thirtieth district as the twenty-ninth district. Eliminates the thirty-first judicial district, currently consisting of Van Buren and Warren.
Senate Status 04/16/2013 - Senate passed with amendment 1.
House Status 01/14/2014 - Withdrawn in House.
SB974 / HB417 Creates additional 31 assistant director attorney general positions.
Category Judiciary
Sponsors Sen. Randy McNally / Rep. Gerald McCormick
Description Creates an additional thirty-one assistant director attorney general positions to be designated in judicial districts and effective October 1, 2013.
Amendment Senate Judiciary Committee amendment 1 (006309) rewrites the bill. Creates 10 new ADA positions effective Oct. 1, 2013, and 10 more ADA positions effective July 1, 2014. The positions will be allocated according to the District Attorneys' General Conference, by filing a report with the speakers of the House and the Senate and can be filled once the report is filed. The General Assembly shall consider legislation in 2014 and 2015 that enables the new ADAs to serve where they have been placed. Authorizes each District Attorney General to name a Deputy District Attorney General for that district. Such person shall have 25 collective years of service as a prosecutor or public defender at the state and federal levels. The compensation shall be initially set at $135,000.
Senate Status 04/09/2013 - Senate Judiciary Committee recommended with amendment 1. Sent to Senate Finance.
House Status 04/18/2013 - Taken off notice in House Finance Subcommittee.
SB1023 / HB202 Court clerks to charge $5.00 electronic citation fee.
Category Judiciary
Sponsors Sen. Doug Overbey / Rep. Bob Ramsey
Description Allows the court clerk to charge and collect an electronic citation fee of up to five dollars to be paid by a defendant on any citation issued upon a plea of guilty, judgment of guilty, or grant of supervision. Establishes that sixty percent of the fee will be deposited into the general sessions court clerk electronic citation fund and forty percent will be disbursed to the arresting agency. Requires the establishment of an electronic court fund created before charging and collecting the electronic court fee.
Senate Status 02/08/2013 - Referred to Senate Judiciary.
House Status 02/05/2013 - Referred to House Civil Justice Subcommittee.
SB1050 / HB418 Operating an electronic court filing system.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Vance Dennis
Description Requires that on or after January 1, 2014 all courts in this state utilize the same system provider for operating an electronic court filing system. Requires the administrative office of the courts to determine such provider.
Senate Status 03/19/2013 - Taken off notice in Senate Judiciary Committee.
House Status 03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
SB1058 / HB1227 Appointment of new senior judge or justice - reports expanded.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Vance Dennis
Description Requires the administrative director of the courts to file certain reports with the government operations committees of the house and senate, in addition to other parties. Clarifies that such reports be filed with the civil justice committee of the house, instead of the house judiciary committee.
Amendment Senate amendment 2 (007545) rewrites this bill to extend the judicial performance evaluation commission and the judicial nominating commission to June 30, 2014. The judicial performance evaluation commission is presently scheduled to terminate on June 30, 2013, and the judicial nominating commission is currently in wind down and scheduled to cease to exist on June 30, 2013. This amendment also reconstitutes the judicial performance evaluation commission by adding a requirement that the speaker of each chamber of the general assembly appoint members to the commission by July 1, 2013. Present law requires that the commission be composed as follows: (1) The speaker of the senate appoints four of the members, of whom one must be a state court judge, two must be attorney members and one must be a non-attorney; (2) The speaker of the house of representatives appoints four of the members, of whom one must be a state court judge, one must be an attorney, and two must be non-attorney members; and (3) The speaker of the senate and the speaker of the house of representatives jointly appoint one state court judge. This amendment does not change the qualifications or appointing authorities for the commission.
Senate Status 01/22/2014 - Re-referred to Senate Judiciary Committee.
House Status 01/16/2014 - Returned to Senate.
SB1229 / HB1334 Elections - supreme court justices and all other judges.
Category Judiciary
Sponsors Sen. Ophelia Ford / Rep. Barbara W. Cooper
Description Requires each judge of a circuit, chancery, criminal, or other state trial court to be elected to an eight-year term by the voters of the judicial district or circuit. Requires each supreme court justice and each judge of other state appellate courts to be elected to an eight-year term from districts to be established by the general assembly. Details the vacancy process for each judge. Removes portions regarding judicial nominations and judicial performance evaluations.
Senate Status 03/26/2013 - Taken off notice in Senate Judiciary Committee.
House Status 02/27/2013 - Referred to House Civil Justice Subcommittee.
SB1341 / HB1096 Reduces number of court of appeals judges.
Category Judiciary
Sponsors Sen. Mike Bell / Rep. Eric Watson
Description Reduces the number of judges on the court of appeals and the court of criminal appeals from twelve to nine effective September 1, 2014.
Senate Status 02/26/2013 - Referred to Senate Judiciary.
House Status 02/13/2014 - Withdrawn in House.
SB1484 / HB2209 Changes to 30th Judicial District Circuit Court.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Rick Womick
Description Abolishes Parts I and V of the circuit court of the 30th judicial district effective September 1, 2014 and provides that no person will be elected at August 2014 general election to serve as judge of the abolished parts.
Senate Status 01/21/2014 - Senate Judiciary Committee recommended. Sent to Senate Finance.
House Status 02/19/2014 - House Civil Justice Subcommittee deferred to last calendar.
SB1506 / HB1675 Professional malpractice actions - attorneys and accountants.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Vance Dennis
Description Creates a five year statute of repose for malpractice actions against an attorney or accountant regardless of when the injury is discovered unless the attorney or accountant committed fraudulent concealment. Requires a malpractice action against an attorney or accountant be commenced within one year after discovery of the defendant's fraudulent concealment.
Senate Status 02/05/2014 - Senate passed.
House Status 03/17/2014 - House passed.
Executive Status 03/17/2014 - Sent to the speakers for signatures.
SB1507 / HB1509 Human rights violations - remedies and special proceedings.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Specifies that the statutory remedies provided under title 4, chapter 21, regarding human rights are the sole and exclusive remedies to a person injured by a violation of the chapter.
Amendment Senate Judiciary amendment 1 (011711) exempts actions regarding discriminatory housing practices from the provisions in this bill.
Senate Status 02/25/2014 - Taken off notice in Senate Judiciary Committee.
House Status 01/22/2014 - Referred to House Civil Justice Subcommittee.
SB1712 / HB1387 Permits broker-file interpleader action without an attorney.
Category Judiciary
Sponsors Sen. Ken Yager / Rep. William G. Lamberth
Description Allows a real estate broker to file an interpleader action in general sessions court without an attorney if the broker or real estate firm is not claiming any right to a portion of the money filed with the court. Clarifies that such filing is not unauthorized practice of law.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 01/22/2014 - Withdrawn in House.
SB1727 / HB1572 Witness disclosure in criminal trials.
Category Judiciary
Sponsors Sen. Charlotte Burks / Rep. Eric Watson
Description Requires district attorney and criminal defendants to disclose the names of witnesses to the opposing party that the party intends to call prior to trial. Sets procedures for prosecutors and criminal defendants to disclose witnesses to their opposing party.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 01/29/2014 - Referred to House Civil Justice Subcommittee.
SB1730 / HB1559 Judicial performance evaluation commission - roll call votes.
Category Judiciary
Sponsors Sen. John Stevens / Rep. Jon Lundberg
Description Requires roll call votes in a public meeting by members of the judicial performance evaluation commission on any report that is required to be published and disclosed.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 02/20/2014 - House passed.
SB1731 / HB1546 Police officers - access to computer databases.
Category Judiciary
Sponsors Sen. Stacey Campfield / Rep. Harry Brooks
Description Requires the POST commission to consult and cooperate with the state's political subdivisions for the specific purpose of studying and compiling a report on the best method for interfacing multiple computer databases to allow accessibility by police officers while on patrol, thereby allowing officers when making a lawful stop to also serve outstanding court papers such as warrants, unserved civil process, orders of protection and restraining orders. Requires the POST commission to submit the report to the judiciary committee of the senate, and the civil justice and criminal justice committees of the house of representatives no later than January 1, 2015. Authorizes any state or local law enforcement agency that has the technological ability and officer training for its patrol officers to print and serve unserved civil process and other civil documents, including orders of protection and restraining orders, and wishes to do so, to commence the serving process while the issues are being studied and the report prepared. The fees authorized for the service of process by sheriffs and constables under present law will inure to the benefit of the law enforcement agency serving the process and must be used by the agency to maintain, enhance, expand and upgrade the agency's computer network and interface with other databases.
Amendment HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (012830) removes all requirements of POST, and places such requirements on the Tennessee Bureau of Investigation (TBI). Requires TBI to, with assistance from the Tennessee Association of Chiefs of Police, Tennessee Sheriffs' Association, and the County Officials of Tennessee, survey the appropriate law enforcement agencies and clerks' offices for the purpose of requesting information as to the best method for interfacing multiple computer databases to allow police officers on patrol the ability serve outstanding court papers during a lawful stop. Requires TBI to, by January 1, 2015, submit the results of such survey to the Judiciary Committee of the Senate, and the Civil and Criminal Justice Committees of the House of Representatives. HOUSE FINANCE AMENDMENT 1 (014267) makes technical corrections by adding missing punctuation and changing an incorrect code citation.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 03/18/2014 - Set for House Regular Calendar 03/20/14.
SB1747 / HB1551 Compensation for general session's judges.
Category Judiciary
Sponsors Sen. Ken Yager / Rep. Michael Harrison
Description Changes the date for determining which class a county is in for the purpose of compensating general sessions judges from September 1 to October 1.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB1796 / HB1526 Presumption - judicial approval of unanimous jury verdict.
Category Judiciary
Sponsors Sen. Randy McNally / Rep. Ryan A. Haynes
Description Creates presumption to successor trial and appellate judges that if the original trial judge dismisses the jury following a unanimous verdict, a presumption is created that the judge acted as the 13th juror and approves the verdict.
Senate Status 02/20/2014 - Senate passed.
House Status 03/13/2014 - House Calendar & Rules Committee deferred to 03/20/14.
SB1797 / HB1527 Channon Christian Act.
Category Judiciary
Sponsors Sen. Randy McNally / Rep. Ryan A. Haynes
Description Enacts the "Channon Christian Act". Clarifies when any statute or rule prohibits introduction of a person's other crimes, wrongs, or acts for the purpose of proving the character of the person, "person" means any individual, including the victim, the defendant, a witness, or any other third-party.
Amendment SENATE AMENDMENT 1 (012532) rewrites this bill to specify that, in a criminal case, evidence of other crimes, wrongs, or acts is not admissible to prove the character of any individual, including a victim, the defendant, a witness, or any other third-party, in order to show action in conformity with the character trait. Evidence of other crimes, wrongs, or acts may, however, be admissible for other purposes. HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (013129) corrects a case citation error in the second preamble clause HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (14367) alters character evidence rules regarding certain victims and other persons.
Senate Status 02/20/2014 - Senate passed with amendment 1.
House Status 03/13/2014 - House Calendar & Rules Committee deferred to 03/20/14.
SB1812 / HB1655 Jury duty – exemptions for persons seventy years of age or older.
Category Judiciary
Sponsors Sen. Becky Duncan Massey / Rep. Ryan A. Haynes
Description Requires persons who are 70 years of age or older to be excused from jury duty upon request to the court, and states that proof of age may be required by the court before they are excused.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB1880 Contested elections for judges of the supreme court.
Category Judiciary
Sponsors Sen. Frank Niceley
Description Removes the present law provisions regarding the nomination, appointment, and performance evaluation of appellate and supreme court judges and instead requires the election of all judges. Specifies that if a vacancy occurs during the term of office of any judge, including an appellate or supreme court judge, then the vacancy would be filled, for the remainder of the unexpired term, by the qualified voters of the state in a contested election held at the next regular August election recurring more than 30 days after the vacancy occurs. In the meantime, the governor would appoint a person to discharge the duties of such office until the first day of September next succeeding the election.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status None
SB1896 / HB1767 Election of Judges and Chancellors.
Category Judiciary
Sponsors Sen. Mike Bell / Rep. Courtney Rogers
Description Provides that future judges of the supreme court or other state appellate court be elected to a full eight-year term of office by means of a contested election beginning with the regular August election in 2022. Makes provisions of this bill contingent upon whether or not the amendment to Article VI, Section 3 of the state constitution, which authorizes judicial retention elections, is ratified by voters in the November 2014 election. Broadly captioned.
Senate Status 01/27/2014 - Referred to Senate Judiciary Committee.
House Status 03/12/2014 - Failed in House Civil Justice Subcommittee for lack of a second.
SB1953 / HB1686 Certain civil judgments valid until paid in full.
Category Judiciary
Sponsors Sen. Todd Gardenhire / Rep. Mike Carter
Description Requires civil judgments that are decreed on or after July 1, 2014, to remain valid until paid in full, instead of requiring such judgments be renewed every 10 years, if the judgment is for an injury or death resulting from the debtor's criminal conduct and the debtor was convicted of a criminal offense related to such criminal conduct. Allows civil judgments that fit such criteria but are decreed before July 1, 2014, to remain valid until paid in full if certain conditions are met.
Senate Status 03/03/2014 - Senate passed.
House Status 03/06/2014 - House passed.
Executive Status 03/17/2014 - Sent to governor.
SB1967 / HB2117 Cause of action - bad faith assertion of patent infringement.
Category Judiciary
Sponsors Sen. Mike Bell / Rep. Jon Lundberg
Description Establishes a cause of action against a person who makes a bad faith assertion of patent infringement. Provides criteria that a court may consider when determining whether such an infringement has occurred. Upon finding that a person made a bad faith assertion of patent infringement, the court shall require that person to post a bond in an amount equal to the estimated cost incurred by the person being accused to litigate the claim and any other awards that are rewarded; the bond posted shall not exceed $250,000. A court may award equitable relief, damages, costs and fees, and exemplary damages as remedies to a plaintiff who prevails in such a bad faith assertion action case.
Senate Status 01/27/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB2004 / HB1918 Waiver of governmental immunity in certain actions.
Category Judiciary
Sponsors Sen. Mark Green / Rep. Joshua G. Evans
Description Removes governmental immunity for claims against any governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA").
Amendment HOUSE AMENDMENT 1 (013278) corrects typographical errors.
Senate Status 03/13/2014 - Senate passed.
House Status 02/27/2014 - House passed with amendment 1.
Executive Status 03/13/2014 - Sent to the speakers for signatures.
SB2042 / HB1504 Statute of limitations for commencing wrongful death action.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. John J. Deberry Jr.
Description Creates a two year, rather than one year, statute of limitations for commencing wrongful death action.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 02/26/2014 - House Civil Justice Subcommittee deferred to last calendar.
SB2044 / HB1879 Cause of action - property seizure with no forfeiture warrant.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Vance Dennis
Description Provides that a person who has property seized shall have cause of action against the seizing agency if there was no forfeiture warrant issued due to lack of probable cause necessary to issue the warrant.
Amendment HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (014370) adds section to Tenn. Code Ann. Section 40-33-2-4 relative to forfeiture warrants allowing an applicant to appeal any denial due to lack of probable cause to the next available state trial court with jurisdiction. HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (014373) adds a provision allowing one to recover interest at the current prime interest rate, compounded annually, if the property seized was cash or a cash equivalent.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 03/12/2014 - House Civil Justice Committee recommended with amendments 1 and 2. Sent to House Finance.
SB2075 / HB2358 Revives the judicial nominating commission.
Category Judiciary
Sponsors Sen. John Stevens / Rep. Mike Carter
Description Revives and reconstitutes the judicial nominating commission, which was terminated on June 30, 2012. Revises provisions relating to the board of judicial conduct.
Senate Status 01/29/2014 - Referred to Senate Government Operations Committee.
House Status 03/05/2014 - Taken off notice in House Civil Justice Committee.
SB2105 / HB2181 Selling judgment debtor's property - commission allowed.
Category Judiciary
Sponsors Sen. Dolores R. Gresham / Rep. Barrett Rich
Description Allows a sheriff to collect commission set and approved by the court as part of the reasonable expenses owed to the sheriff when selling a judgment debtor's property to satisfy a judgment lien pursuant to the rules of civil procedure. Broadly captioned.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 02/04/2014 - Referred to House Civil Justice Subcommittee.
SB2152 / HB1953 Registered process servers.
Category Judiciary
Sponsors Sen. Reginald Tate / Rep. Mike Stewart
Description Requires the administrative office of the courts to create an application to become a registered process server for the courts. Requires a registration number to be assigned to each person seeking to serve process for the courts. Requires a registration number to be included on the return for any process served.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 02/04/2014 - Referred to House Civil Justice Subcommittee.
SB2179 / HB2185 Excludes breastfeeding mothers from jury service.
Category Judiciary
Sponsors Sen. Stacey Campfield / Rep. G.A. Hardaway
Description Excludes breastfeeding mothers from jury service as an undue hardship.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SB2204 / HB1965 Judicial redistricting changes and recommendations.
Category Judiciary
Sponsors Sen. John Stevens / Rep. Jon Lundberg
Description Repeals current judicial districting provisions on August 31, 2022. Directs TACIR to recommend a proposed statewide judicial redistricting plan. Requires TACIR to hold certain public hearings on this plan. Creates a joint legislative committee on judicial redistricting. Authorizes the joint committee to adopt or alter the TACIR redistricting plan or adopt an alternative plan.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 01/29/2014 - Held on House clerk's desk.
SB2322 / HB2466 Revised boards performing administrative services for the judiciary.
Category Judiciary
Sponsors Sen. Randy McNally / Rep. Mark Pody
Description Transfers responsibility for making certain payments from the AOC to the State Treasurer. Requires the AOC be attached to the Comptroller. Abolishes the Judicial Performance Evaluation Commission, Judicial Nominating Commission and Board of Judicial Conduct. Creates the Board of Judicial Nominations and Judicial Standards and Review Board. Requires state appellate judges be elected in contested elections. Makes other revisions to boards that perform administrative services for the judiciary. Broadly captioned. (30 pp.)
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 02/12/2014 - Referred to House Civil Justice Subcommittee.
SB2332 / HB2470 Jury service revisions.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. David Alexander
Description Establishes a lengthy trail fund for juror wage replacement. Provides that the clerk of the court shall collect from each attorney who files a civil case, unless otherwise exempted under subsection, a fee of ten dollars per case to be paid into the lengthy trial fund. Provides that the following attorneys and causes of action are exempt from payment of the lengthy trial fund fee: Government attorneys entering appearances in the course of their official duties; Pro se litigants; Cases in a court of general sessions; Cases in juvenile court; Claims seeking social security disability determinations, individual veterans' compensation or disability determinations; Recoupment actions for government backed mortgages or educational loans; Child custody and support cases; Actions brought in forma pauperis; and any other filings that involve minimal use of court resources and that customarily are not afforded the opportunity for trial by jury. Institutes a reduction of jury service terms, protections to small businesses, provisions for allowing a juror to select a service date from a list of dates.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 03/12/2014 - House Civil Justice Subcommittee deferred to last calendar.
SB2363 Selection of judges - established by general assembly.
Category Judiciary
Sponsors Sen. Ophelia Ford
Description Removes the present law provisions regarding the nomination, appointment, and performance evaluation of appellate and Supreme Court judges and instead requires the election of all judges. Specifies that if a vacancy occurs during the term of office of any judge, including an appellate or supreme court judge, then the vacancy would be filled, for the remainder of the unexpired term, by the qualified voters of the state in a contested election held at the next regular August election recurring more than 30 days after the vacancy occurs. In the meantime, the governor would appoint a person to discharge the duties of such office until the first day of September next succeeding the election. Provides for the justices of the intermediate appellate courts be elected from districts and justices of the Supreme Court being elected from the grand divisions of the state. Specifies that the legislature will create the districts for the intermediate appellate courts, but requires that such districts shall be approximately equal in population and each district shall contain a core county as follows:(A) The first intermediate appellate court district shall contain Sullivan County; (B) The second intermediate appellate court district shall contain Knox County;(C) The third intermediate appellate court district shall contain Hamilton County; (D) The fourth intermediate appellate court district shall contain Davidson County; (E) The fifth intermediate appellate court district shall contain Madison County; and (F) The sixth intermediate appellate court district shall contain Shelby County.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status None
SB2522 / HB2366 Time period for action to recovery attorney misconduct damages.
Category Judiciary
Sponsors Sen. Mike Bell / Rep. Tony Shipley
Description Permits a private action to recover damages for attorney misconduct to be brought within five years of discovery instead of three years. Broadly Captioned.
Senate Status 03/18/2014 - Taken off notice in Senate Judiciary Committee.
House Status 03/12/2014 - Taken off notice in House Civil Justice Subcommittee.
SB2542 / HB2362 Drug testing of judges.
Category Judiciary
Sponsors Sen. Randy McNally / Rep. Jimmy Matlock
Description Provides that at any time after jeopardy has attached in a criminal trial, either the state or defense may request that the trial judge submit to a drug test. Requires the test to occur within 3 days of the date of the request. If the judge tests positive for an illegal drug, a mistrial is declared and a substitute judge is appointed. If the test is negative, no request is made, or it was for a legal prescription drug, the trial resumes and neither side can assert on appeal that the judge was impaired by drugs.
Senate Status 02/10/2014 - Referred to Senate Judiciary Committee.
House Status 02/12/2014 - Referred to House Civil Justice Subcommittee.
SB2598 / HB2499 Annual appropriations - salaries of certain judicial positions.
Category Judiciary
Sponsors Sen. Mark S. Norris / Rep. Charles M. Sargent
Description Increases annual base salaries for district attorneys general to 148,505 dollars from 124,900 dollars. Increases annual base salaries for chancellors, circuit court judges, and criminal court judges to 170,204 dollars from 140,000 dollars. Revises adjusted salary rates reflecting average consumer price index for chancellors, circuit court judges, and criminal court judges.
Senate Status 02/24/2014 - Referred to Senate Finance, Ways & Means Committee.
House Status 03/13/2014 - Set for House Civil Justice Subcommittee 03/19/14.
SJR123 Constitutional amendment - election of attorney general.
Category Judiciary
Sponsors Sen. Mae Beavers
Description Proposes an amendment to Article VI, Section 5 of the state constitution to provide for popular election of the attorney general and reporter for a regular term of four years.
Amendment Senate amendment 1 (010658) rewrites the bill. Deletes the amendatory language of the first resolving clause. Deletes the two-term limit restriction from the original resolution and reduces the residency requirement from seven years to five years.
Senate Status 03/18/2014 - Set for Senate Regular Calendar 03/20/14.
House Status None
SJR196 Constitutional amendment - appointment of attorney general.
Category Judiciary
Sponsors Sen. Mark Green
Description Proposes an amendment to Article VI, Section 5 of the state constitution to provide for appointment of an attorney general and reporter for the state by joint vote of the general assembly.
Senate Status 04/17/2013 - Senate adopted.
House Status 02/19/2014 - Taken off notice in House Civil Justice Subcommittee.
SR73 Revisions and amendments to the Tennessee Rules of Civil Procedure.
Category Judiciary
Sponsors Sen. Brian K. Kelsey
Description Approves revisions and amendments to Tennessee rules of civil procedure promulgated by the supreme court.
Senate Status 03/18/2014 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status None
SR75 Revision approvals to Tennessee Appellate Procedure
Category Judiciary
Sponsors Sen. Brian K. Kelsey
Description Approves revisions and amendments to the Tennessee rules of appellate procedure promulgated by the supreme court.
Senate Status 03/18/2014 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status None
HJR8 Constitutional amendment - appointment of appellate judges.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Proposes amendment of Article VI, Section 3 of the state constitution to provide for gubernatorial appointment of appellate judges, subject to legislative confirmation, followed by retention elections.
Senate Status None
House Status 02/25/2013 - House substituted SJR2 for the resolution.
HJR103 Constitutional amendment - popular election of the Attorney General.
Category Judiciary
Sponsors Rep. Art Swann
Description Proposes an amendment to Article VI, Section 5 to, provide for popular election of an attorney general and reporter for the state. Specifies that one candidate shall be nominated by the governor and one candidate shall be nominated by joint vote of both houses of the general assembly.
Senate Status None
House Status 03/20/2013 - Failed in House Civil Justice Subcommittee.
HR32 Tennessee Rules of Evidence.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Ratifies and approves revisions to the Tennessee Rules of Evidence.
Senate Status None
House Status 04/19/2013 - Signed by House speaker.
HR33 Tennessee Rules of Criminal Procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Ratifies and approves revisions to the Tennessee Rules of Criminal Procedure.
Senate Status None
House Status 03/04/2013 - Signed by House speaker.
HR34 Ratifies and approves revisions to the TN Rules of Juvenile Procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Ratifies and approves revisions to the Tennessee Rules of Juvenile Procedure.
Senate Status None
House Status 03/22/2013 - Signed by House speaker.
HR35 Ratifies and approves revisions to TN Rules of Appellate Procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Ratifies and approves revisions to the Tennessee Rules of Appellate Procedure.
Senate Status None
House Status 03/22/2013 - Signed by House speaker.
HR36 Ratifies and approves revisions to the TN Rules of Civil Procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Ratifies and approves revisions to the Tennessee Rules of Civil Procedure.
Senate Status None
House Status 03/19/2013 - Signed by House speaker.
HR38 Adopts Rules of Practice and Procedure of Board of Judicial Conduct.
Category Judiciary
Sponsors Rep. Jim Coley
Description Adopts the Rules of Practice and Procedure of the Board of Judicial Conduct.
Senate Status None
House Status 03/19/2013 - Signed by House speaker.
HR154 Approves amendments and revisions to rules of criminal procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Approves amendments and revisions to Tennessee rules of criminal procedure promulgated by the supreme court.
Senate Status None
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.
HR155 Approves amendments and revisions to rules of civil procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Approves amendments and revisions to Tennessee rules of civil procedure promulgated by the supreme court.
Senate Status None
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.
HR156 Approves amendments and revisions to rules of appellate procedure.
Category Judiciary
Sponsors Rep. Jon Lundberg
Description Approves amendments and revisions to Tennessee rules of appellate procedure promulgated by the supreme court.
Senate Status None
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.

Labor Law - 2

SB509 / HB1149 Worker's compensation - apportionment of liability.
Category Labor Law
Sponsors Sen. Joey Hensley / Rep. Mark Pody
Description Requires the courts to apportion fault in a worker's compensation suit and reduce the recovery awarded to the injured worker or dependents when the worker's injury is caused in part by another person, instead of not apportioning fault and not reducing the recovery award based on the apportionment. Reduces the employer's subrogation claim recovery based on the court's apportionment of fault.
Senate Status 03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status 02/21/2013 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status 03/07/2013 - Workers' Compensation Advisory Council recommended against passage after reconsidering their previous action of recommendation.
SB2126 / HB1954 Revises provisions concerning employment litigation in Tennessee.
Category Labor Law
Sponsors Sen. Jack Johnson / Rep. Vance Dennis
Description Removes from the definition of a discriminatory practice the provision to Aid, abet, incite, compel or command a person to engage in any of the acts or practices declared discriminatory. Specifies that no individual employee or agent of an employer will be liable for any violation of human rights that an employer committed. Provides that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, may not exceed, for each complaining party: (A) In the case of an employer who has eight or more but fewer than 15 employees at the time of the cause of action, $25,000; (B) In the case of an employer who has more than 15 employees but fewer than 101 at the time the cause of action arose, $50,000; (C) In the case of an employer who has more than 100 and fewer than 201 employees at the time the cause of action arose, $100,000; (D) In the case of an employer with more than 200 employees but less than 501 at the time the cause of action arose, $200,000; and (E) In the case of an employer with more than 500 employees at the time the cause of action arose, $300,000. Provides that damage limits will not apply to back pay, interest on back pay, front pay or any equitable relief. Specifies that no employee may be discharged or terminated solely for refusing to participate in or for refusing to remain silent about illegal activities who report those illegal activities to an individual or entity other than the employee's employer or the employer's corporate affiliate prior to the termination of the employment. Specifies that the statutory law governing discharge for refusal to participate in or remain silent about illegal activities or use of agricultural product repeals and supersedes common law with respect to any claim that could have been brought.
Senate Status 03/18/2014 - Set for Senate Commerce & Labor Committee Continued 03/20/14.
House Status 03/13/2014 - Set for House Consumer & Human Resources Subcommittee Final Calendar 03/19/14.

Media & Publishing - 1

SB2344 / HB2379 Newspaper of general circulation defined.
Category Media & Publishing
Sponsors Sen. Bill Ketron / Rep. Susan Lynn
Description Defines a "newspaper of general circulation" as a publication bearing a title or name, published in the form of a newspaper, published at regular intervals, published for the dissemination of news and matters of general interest, intended for circulation among the general public, and designated by resolution of a local legislative body as a newspaper of general circulation for the purpose of complying with the statutory requirement of providing public notice or adequate public notice for an action of a local legislative body, board, commission, or authority created by a governmental entity or another action or notice required by statute to be published.
Senate Status 03/11/2014 - Taken off notice in Senate Judiciary Committee.
House Status 02/12/2014 - Referred to House State Government Subcommittee.

Professions & Licensure - 1

SB2563 / HB2474 Not practice of law - representing business collecting certain debts.
Category Professions & Licensure
Sponsors Sen. Brian K. Kelsey / Rep. Tilman Goins
Description Provides that it is not considered the "practice of law" for the president of a corporation, limited liability corporation or the owner of a sole proprietor company to appear in court representing the corporation for the sole purpose of collecting debt owed the corporation provided that no single debt exceeds $1,000.
Senate Status 02/10/2014 - Referred to Senate Judiciary Committee.
House Status 02/12/2014 - Referred to House Civil Justice Subcommittee.

Property & Housing - 5

SB1372 / HB1243 Redefines owner for purposes of mechanics' and materialmen's liens.
Category Property & Housing
Sponsors Sen. Todd Gardenhire / Rep. Richard Floyd
Description Redefines an owner regarding mechanics' and materialmen's liens to include lien claimants that seek to attach or sell under process, in addition to other types of owners.
Amendment HOUSE AMENDMENT 1 (004560) rewrites the bill. Makes changes to the Methods of Enforcement for Mechanics' and Materialmen's Liens. Specifies that liens shall be served upon the persons whose interests the prime contractor or the remote contractor seeks to attach and sell under process, with the owner(s) being given notice only of the filing of such warrant and writ of attachment. Specifies that when a bond has been provided with the lien being enforced by an action on the bond, the action shall be served upon the principal of the bond, rather than the owner(s). Specifies that these changes shall apply to any lien based on work or labor performed on or after the effective date of July 1, 2013. SENATE AMENDMENT 1 (012544) makes the bill. Makes changes to the Methods of Enforcement for Mechanics' and Materialmen's Liens. Specifies that liens shall be served upon the persons whose interests the prime contractor or the remote contractor seeks to attach and sell under process, with the owner(s) being given notice only of the filing of such warrant and writ of attachment. Specifies that when a bond has been provided with the lien being enforced by an action on the bond, the action shall be served upon the principal of the bond, rather than the owner(s). Specifies that these changes shall apply to any lien based on work or labor performed on or after the effective date of July 1, 2014. Makes technical corrections. SENATE AMENDMENT 3 (012955) makes technical corrections.
Senate Status 02/24/2014 - Senate passed with previously adopted amendments 1 (012544) and 3 (012955).
House Status 03/06/2014 - House concurred in Senate amendments 1 and 3.
Executive Status 03/12/2014 - Sent to governor.
SB1732 / HB1409 Execution of a writ of possession.
Category Property & Housing
Sponsors Sen. Doug Overbey / Rep. William G. Lamberth
Description Allows a plaintiff, after the execution of a writ of possession, to place the defendant's personal property in an appropriate area clear of the entrance to the premises and at a reasonable distance from any roadway, but they are prohibited from disposing of the personal property of a defendant for 48 hours. Also, temporarily suspends the actions of any local government relative to the disposition of personal property for that 48 hour time period..
Amendment HOUSE AMENDMENT 1 (012881) makes the bill. Prohibits items taken from the home be placed out on the roadway. Requires items to be placed somewhere on the property. Places a 48 hour time frame for when the tenant can come get their items and after that time frame the landlord has the authority to do whatever they want with the property. Provides that the city and county are not liable for the personal property once the landlord places it on the property. Makes a technical correction.
Senate Status 02/27/2014 - Senate passed.
House Status 02/27/2014 - House passed with amendment 1.
Executive Status 03/12/2014 - Signed by governor.
SB1788 / HB1408 Forcible entry and detainer actions - decreased appeal time period.
Category Property & Housing
Sponsors Sen. Ferrell Haile / Rep. William G. Lamberth
Description Allows a general sessions judgment for a forcible entry and detainer action to be appealed in three days instead of 10 days.
Amendment HOUSE BUSINESS & UTILITIES COMMITTEE AMENDMENT 1 (012722) allows for the appealing party to petition the judge for an execution of judgment in three days if it would result in an undue hardship to the defendant. In such a case, the judge may permit up to 10 days to appeal. Makes technical corrections in the drafting language. SENATE JUDICIARY COMMITTEE AMENDMENT 1 (011006) corrects typographical errors in section two of the bill by deleting certain language.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 03/12/2014 - House Civil Justice Committee recommended. Sent to House Calendar & Rules.
SB2198 / HB2060 Restrictions on homeowners' associations.
Category Property & Housing
Sponsors Sen. Jack Johnson / Rep. Jeremy Durham
Description Prohibits a homeowners' association from barring any person from parking on any public street located within any county or municipality unless expressly authorized by the legislative body of the county or municipality. Specifies that any provision of a governing document of a homeowners' association that restricts parking on any public street is declared null and void. Also specifies that any fees or fines imposed by any homeowners' association for any public street parking violation shall be unenforceable and of no legal effect in a court of law. Restricts the ability of homeowners' associations to ban political signs on private property and to impose fines in excess of the monthly dues owed by property owners within the homeowners' association.
Senate Status 01/29/2014 - Referred to Senate State & Local Government Committee.
House Status 02/11/2014 - Taken off notice in House Business & Utilities Subcommittee.
SB2556 / HB2471 Bylaws of homeowners associations.
Category Property & Housing
Sponsors Sen. Mae Beavers / Rep. Susan Lynn
Description Expands the definition of an HOA's bylaws to include the HOA's financial statements and operating budget when a buyer, prior to purchasing property located in a PUD, requests that such bylaws be disclosed.
Senate Status 02/10/2014 - Referred to Senate Commerce & Labor Committee.
House Status 03/18/2014 - Taken off notice in House Business & Utilities Subcommittee.

Public Employees - 3

SB494 / HB326 Additional duties for attorney general and reporter.
Category Public Employees
Sponsors Sen. Mark Green / Rep. Joe Carr
Description Allows the governor to employ special counsel in certain situations and requires the attorney general and reporter to notify the speaker of each house of the general assembly and the governor when the attorney general and reporter are both of the opinion that certain legislation is not constitutional and choose not to defend its validity.
Senate Status 02/05/2013 - Referred to Senate Judiciary.
House Status 03/20/2013 - Taken off notice in House Civil Justice Subcommittee.
SB497 / HB419 Conflict of interest regarding lawsuits against government.
Category Public Employees
Sponsors Sen. Stacey Campfield / Rep. Harry Brooks
Description Attempts to prevent potential conflicts of interest by preventing full-time law faculty members of state law schools from receiving compensation from lawsuits against the government.
Senate Status 04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status 03/20/2013 - House Civil Justice Subcommittee deferred to summer study.
SB2341 / HB2387 Allows notaries public to charge reasonable fees for their services.
Category Public Employees
Sponsors Sen. Jack Johnson / Rep. Vance Dennis
Description Permits notaries public to charge reasonable fees and compensation for their services; requires them to keep a record of their acts, attestations, protestations, and other instruments of publication in a well-bound book. Declares that notaries public are approved or accepted by, and not appointed by, the governor. Bill is broadly captioned.
Senate Status 01/29/2014 - Referred to Senate Judiciary Committee.
House Status 03/13/2014 - Set for House Civil Justice Committee 03/19/14.

Public Finance - 1

SB1325 / HB1326 Reporting of certain refugee resettlement information.
Category Public Finance
Sponsors Sen. Bill Ketron / Rep. Rick Womick
Description Requires the Tennessee office for refugees to compile and report from refugee resettlement agencies the total number of refugees resettled by the agency, the public assistance benefit programs that the refugees have applied for or enrolled into, and the number of refugee minors enrolled in the public school systems and whether such minors access English language learner services. Requires refugee resettlement agencies to compile an annual report of the information collected. Requires refugee resettlement agencies to pay the state certain costs incurred from resettlement activities. Requires the department of finance and administration to annually allocate the funds collected that are Medicaid funds to the department of intellectual and developmental disabilities. Establishes a "reimbursement for refugee resettlement fund."
Amendment House State Government Subcommittee amendment 1 (004740) deletes all language after the enacting clause. Defines "refugee settlement agency" as any agency or organization, or the agency's affiliate or organization, that receives federal funding for refugee reception and placement resettlement services or other federal grants intended to support refugee resettlement activities. Requires the TN Office for Refugees (TOR) to collect certain information from refugee resettlement agencies and compile and annual report that is submitted to the Fiscal Review Committee by November 1st of each year. The first annual report submitted on November 1, 2013, shall include all collected information classified by quarters and include data from January 1, 2013, through September 30, 2013. Each year thereafter, the annual report shall include data classified by quarters for the previous federal fiscal year. TOR is to report to the Secretary of State when a refugee resettlement agency fails to comply with or remedies a failure to comply with the reporting requirements. Requires the Secretary of State to immediately remove the good standing status of a noncompliant agency until such time that a notice from TOR is received that the agency has complied.
Senate Status 04/02/2013 - Senate State & Local Government Committee deferred to 04/09/13.
House Status 04/02/2013 - House State Government Committee deferred to summer study.

Taxes Business - 5

SB238 / HB564 Professional football players to pay privilege tax.
Category Taxes Business
Sponsors Sen. Stacey Campfield / Rep. Joe E. Armstrong
Description Adds to the list of persons required to pay an occupational privilege tax persons employed as players on any franchise of the NBA, the NHL, or the NFL.
Senate Status 04/09/2013 - Taken off notice in Senate Finance, Ways & Means Committee.
House Status 04/03/2013 - Taken off notice in House Finance Subcommittee.
SB277 / HB318 Phases out privilege tax on certain occupations.
Category Taxes Business
Sponsors Sen. Janice Bowling / Rep. David Shepard
Description Phases out the privilege tax on persons engaged in certain occupations by annually decreasing it by ten percent of the current four hundred dollar yearly privilege tax. Eliminates the tax entirely after ten years in June 2023.
Senate Status 03/05/2013 - Senate Finance Tax Subcommittee returned to Senate Finance with a negative recommendation.
House Status 02/05/2013 - Referred to House General Subcommittee of Finance.
SB1247 / HB1134 NBA and NHL players exempt from privilege tax.
Category Taxes Business
Sponsors Sen. Jack Johnson / Rep. Mark White
Description Removes NBA and NHL players from being subject to the occupational privilege tax.
Senate Status 03/18/2014 - Senate Finance, Ways & Means Committee deferred to 03/25/14.
House Status 03/13/2014 - Set for House Finance Subcommittee 03/19/14.
SB1636 / HB1432 Non-payment of professional privilege tax.
Category Taxes Business
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Revises certain guidelines regarding the failure to pay the professional privilege tax. Removes the provision, in the case of failure to pay the privilege tax, which: requires the department of revenue to provide a warning letter on the first nonpayment; provides grounds for suspension of the license on the second nonpayment; and provides for revocation of the license on a third or subsequent nonpayment. Instead, provides that at the time the department of revenue assesses the tax liability, the department shall notify the taxpayer in writing that failure to cure the tax delinquency prior to the renewal date may result in the appropriate licensing board suspending the license. Provides that the commissioner of revenue shall compile a list of taxpayers, who are delinquent 90 days or more from the due date of their tax and have not pursed a proper remedy to remain liable for the tax, and to submit it to the appropriate licensing board or agency. Provides the necessary action that a taxpayer whose license has been held in abeyance must take to reverse the suspension of the license. Authorizes the Supreme Court to establish additional rules for the timely payment of the privilege tax by licensed lawyers. (Part of Administration Package)
Senate Status 03/18/2014 - Senate Finance Tax Subcommittee deferred to 03/25/14.
House Status 03/18/2014 - Set for House Regular Calendar 03/20/14.
SB2035 / HB1874 Delinquency - occupation privilege tax.
Category Taxes Business
Sponsors Sen. Joey Hensley / Rep. Bob Ramsey
Description Requires payment of the occupation privilege tax by or on July 1 of each year instead of June 1 of each year. Specifies that such tax paid after July 1 is delinquent.
Senate Status 03/18/2014 - Senate Finance Tax Subcommittee deferred to 03/25/14.
House Status 02/04/2014 - Referred to House Finance Subcommittee.

Taxes General - 4

SB58 / HB1212 Excludes a gift made by a decedent from inheritance tax.
Category Taxes General
Sponsors Sen. Doug Overbey / Rep. Tim Wirgau
Description Excludes from inheritance tax any gift made by a decedent within three years prior to death and which is made prior to January 1, 2012.
Senate Status 04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status 04/18/2013 - Taken off notice in House Finance Subcommittee.
SB278 / HB974 Jurisdiction for contested case hearings.
Category Taxes General
Sponsors Sen. Bo Watson / Rep. Jimmy Matlock
Description Transfers contested case hearings currently under the jurisdiction of the department of revenue to the office of the secretary of state to be conducted in compliance with the UAPA. Specifies that any administrative judge or hearing positions currently filled in the department of revenue shall be transferred to the secretary of state's office.
Senate Status 01/31/2013 - Referred to Senate State & Local Government.
House Status 02/13/2013 - Referred to House State Government Subcommittee.
SB734 / HB961 Tennessee Administrative Tax Tribunal Act.
Category Taxes General
Sponsors Sen. Bo Watson / Rep. Jon Lundberg
Description Establishes an independent tax tribunal within the executive branch of government to provide taxpayers with a means of resolving controversies that insures both the appearance and the reality of due process and fundamental fairness. Requires the tax tribunal established by this part to provide hearings in all tax matters and any other matters over which the department of revenue has jurisdiction, except those specified by this part or any other law, and to render decisions and orders relating to such matters. (38 pp.)
Senate Status 03/20/2013 - Senate Government Operations Committee deferred to 04/10/13.
House Status 04/02/2013 - House Government Operations Committee deferred to the second calendar of 2014.
SB1635 / HB1431 State tax liability compromise administrative changes.
Category Taxes General
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Allows rather than requires prior review and written approval by the comptroller and attorney general for compromises of state tax liabilities. Allows taxpayers under the "Tennessee Taxpayer Bill of Rights" to dispute any proposed assessment by filing a timely request for an informal conference. Requires any suit challenging an assessment to be filed within 90 days from the date of final assessment. Revises other provisions regarding the informal conference requested by the taxpayer, in addition to provisions regarding the issuing and disputing of assessments. (Part of Administration Package)
Amendment House State Government Committee amendment 1 (013608) allows the department of revenue to include refund claims in their conference process, and also sets out a process for the department to issue public guidance to taxpayers, practitioners and auditors regarding conference decision.
Senate Status 03/18/2014 - Senate Finance Tax Subcommittee deferred to 03/25/14.
House Status 03/18/2014 - Set for House Regular Calendar 03/20/14.

Taxes Property - 1

SB971 / HB979 Timely filing date for making a request for a conference.
Category Taxes Property
Sponsors Sen. Randy McNally / Rep. Steve Hall
Description Specifies how the timeliness of requests for conferences and lawsuits filed to challenge tax assessments must be determined. Clarifies that, for such lawsuits, the notice of assessment must be attached to the complaint, instead of the "notice."
Senate Status 02/08/2013 - Referred to Senate Finance, Ways & Means.
House Status 02/13/2013 - Referred to House Civil Justice Subcommittee.

Tort Liability - 5

SB274 / HB1058 Written expert testimony in health care liability action.
Category Tort Liability
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Requires experts in health care liability action to provide testimony on written statement when the opposing party prevails on the basis of the failure of the party to offer any competent expert testimony.
Amendment Senate Judiciary Committee amendment 1 (004366) requires an expert's signed written statement, relied upon in initiating a healthcare liability action, to be provided to the court as well as the prevailing party, rather than just the court. Authorizes the court-ordered provision of the signed written statement while the litigation is ongoing. Prohibits the signed written statement from being disclosed to other parties to the litigation and prohibits discovery of the signed written statement by the other parties to the ongoing litigation.
Senate Status 03/12/2013 - Failed in Senate Judiciary Committee (4-3-1) after adopting amendment 1.
House Status 02/20/2013 - Referred to House Civil Justice Subcommittee.
SB475 / HB272 Medical malpractice resulting from emergency care.
Category Tort Liability
Sponsors Sen. Mark Green / Rep. Glen Casada
Description Limits emergency health care provider malpractice liability to cases that arise in a hospital emergency department and certain other medical situations. Sets standards for expert testimony in health care liability actions. Sets claimant's burden of proof in health care liability actions. Creates a rebuttable presumption of negligence under certain circumstances. Sets jury instructions in certain health care liability actions.
Senate Status 02/04/2014 - Taken off notice in Senate Judiciary Committee.
House Status 03/20/2013 - Taken off notice in House Civil Justice Committee.
SB1184 / HB978 Limits recovery for medical costs - personal injury or wrongful death.
Category Tort Liability
Sponsors Sen. Jim Tracy / Rep. Ryan A. Haynes
Description Phantom Damages Elimination Act. Relative to damages for personal injury or wrongful death, limits recovery for medical costs to amounts paid by or on behalf of the claimant, amounts necessary to satisfy unpaid charges for medical care, and amounts necessary to satisfy future medical charges.
Senate Status 01/14/2014 - Senate Judiciary Committee deferred to last calendar.
House Status 03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
SB1463 / HB1881 Health care liability action: prohibited criteria.
Category Tort Liability
Sponsors Sen. Mark S. Norris / Rep. Vance Dennis
Description Prohibits, without competent expert testimony establishing the appropriate standard of care, the development or implementation of any guidelines by a public or private health insurer, defined in the section as a "payor", or the use of any payment or reimbursement criteria under federal laws to establish a legal basis of negligence or compliance with the standard of care provided by any health care provider in a health care liability case.
Senate Status 01/15/2014 - Referred to Senate Judiciary Committee.
House Status 02/04/2014 - Referred to House Civil Justice Subcommittee.
SB1696 / HB1681 Retail establishments and duty of care.
Category Tort Liability
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Specifies that no owner of a retail establishment, which is defined as a place of business open to the general public, owes any customer a duty of care to protect the customer from an intoxicated person who was previously asked to leave the premises by the owner, his agent, or employee. Provision will not apply pursuant to the present law, if a jury first ascertains, beyond a reasonable doubt, that the sale of alcoholic beverages or beer was the proximate cause of a personal injury or death and the seller: (1) Sold alcoholic beverage or beer to a person known to be under 21 years old, and that person caused the injury or death as a direct result of the consumption of alcohol; or (2) Sold alcoholic beverage to a visibly intoxicated person and such person caused the injury or death as the direct result of the consumption of the alcoholic beverage.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 03/05/2014 - House Civil Justice Subcommittee deferred to 03/26/14.

Transportation Vehicles - 1

SB1633 / HB1429 Allows 2nd or 3rd time DUI offender to attend certain treatment.
Category Transportation Vehicles
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Allows the judge, as a condition of probation, to order person convicted of a second or third offense of DUI to participate in an inpatient or intensive outpatient substance abuse treatment program following a clinical substance abuse assessment. Requires the substance abuse assessment to be administered by qualified alcohol and drug abuse treatment personnel. Requires sentence reduction credits to be awarded to persons ordered to attend such substance abuse treatment programs and specifies the amount of sentence reduction credits to be awarded. (Part of Administration Package)
Amendment House amendment 1 (011723) specifies that the laws governing the penalty for a DUI apply in those instances in which a person is convicted of a second or third violation and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation. In those instances in which the person is a second or third offender but the judge declines to order treatment, or in which the person is convicted of a first or fourth or subsequent violation, the laws governing probation conditions for DUI violations apply. Similarly, this amendment adds in the alcohol and drug assessment and treatment provisions of the laws governing probation conditions for DUI violations that the provisions only apply in instances where a person is convicted of a first or fourth or subsequent DUI violation, or where a person is convicted of a second or third violation but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation.
Senate Status 03/13/2014 - Set for Senate Judiciary Committee 03/18/14.
House Status 03/13/2014 - House passed with amendment 1 (011723), which specifies that the laws governing the penalty for a DUI apply in those instances in which a person is convicted of a second or third violation and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation. In those instances in which the person is a second or third offender but the judge declines to order treatment, or in which the person is convicted of a first or fourth or subsequent violation, the laws governing probation conditions for DUI violations apply. Similarly, this amendment adds in the alcohol and drug assessment and treatment provisions of the laws governing probation conditions for DUI violations that the provisions only apply in instances where a person is convicted of a first or fourth or subsequent DUI violation, or where a person is convicted of a second or third violation but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation.

Workers Compensation - 6

SB777 / HB666 Repeals the workers' compensation review committee.
Category Workers Compensation
Sponsors Sen. Steven Dickerson / Rep. Dale Carr
Description Repeals the workers' compensation review committee.
Senate Status 02/20/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status 02/07/2013 - Reassigned to House Government Operations.
Executive Status 02/28/2013 - Workers' Compensation Advisory Council did not consider this bill.
SB1364 / HB1102 Providing of impairment ratings for mental injuries.
Category Workers Compensation
Sponsors Sen. Reginald Tate / Rep. Gary Odom
Description Authorizes psychologists licensed in this state to provide impairment ratings for a mental injury claimed by an employee. Establishes penalties for construction providers who engage in conduct that would avoid proper classification of worker's compensation insurance premiums. Requires a stop work order be issued within 72 hours if the commissioner makes a determination that issuance of a stop work order is appropriate. Establishes notice in regards to a stop work order. Requires a stop work order remain in effect until the construction service provider complies with the coverage requirements and has paid the penalty. Allows the department to order conditional releases from stop work orders. Establishes a 10 day period from the date of notice to appeal the order and requires the commissioner to rule on the appeal five days after the day of the hearing. Creates a $1,000 per day penalty against a construction provider for each day that the construction service provider operates in violation of a stop work order.
Senate Status 03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status 02/20/2013 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status 02/28/2013 - Workers' Compensation Advisory Council recommended against passage.
SB1645 / HB1440 Revises various workers' compensation provisions.
Category Workers Compensation
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Revises various provisions relative to workers' compensation. Defines specialty practice group. Alters distribution of proceeds from certain penalty payments. Alters provisions regarding specific documented findings by the court. Alters penalties and procedure for noncompliance with insurance requirements. (11 pp.) (Part of Administration Package)
Amendment SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 1 (013628) provides technical corrections. Changes "issue of surgery" to "issue of surgery and diagnosis." Changes "15 days" to "15 calendar days." Replaces commissioner of labor and workforce development with administrator of the division of workers' compensation. Clarifies that the effective date will be in Section 8 of the bill and not in Section 9. HOUSE CONSUMER & HUMAN RESOURCES COMMITTEE AMENDMENT 1 (013778) removes section seven from the bill.
Senate Status 03/04/2014 - Senate Commerce & Labor Committee recommended with amendment 1 and amendment 2. Sent to Senate Calendar Committee.
House Status 03/18/2014 - House Consumer & Human Resources Committee recommended with amendment 1 (013778), which removes section seven from the bill. Sent to House Calendar & Rules.
Executive Status 02/27/2014 - Workers' Compensation Advisory Council recommended with expression of the council's concerns in particular regarding section 7.
SB1646 / HB1441 Providing of benefits available through the uninsured employers fund
Category Workers Compensation
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Authorizes the administrator of the division of workers' compensation to withdraw up to 25 percent of the balance of funds, after certain costs and expenditures have been satisfied, from the employee misclassification education and enforcement fund and transfer it to uninsured employers fund to provide certain benefits for injured workers. Authorizes the administrator to use the remaining funds to provide temporary disability and medical benefits to eligible employees who suffer from an injury at their place of employment with an employer who failed to secure the payment of compensation at the time of the injury. Specifies the process and requirements for an eligible employee who seeks to obtain such benefits. Requires that no more than $40,000 may be given to an eligible employee for compensation benefits and specifies how the funds may be used. Provides that if judgment has been decided in favor of the employee, the division is authorized to assume the rights of a creditor against the uninsured employer and may take certain steps that are necessary to recover the money that is owed. (Part of Administration Package)
Senate Status 03/04/2014 - Senate Commerce & Labor Committee recommended. Sent to Senate Finance.
House Status 03/18/2014 - House Finance Committee recommended. Sent to House Calendar & Rules.
Executive Status 02/06/2014 - Workers' Compensation Advisory Council recommended.
SB1870 / HB2159 Workers' compensation division - report time change.
Category Workers Compensation
Sponsors Sen. Doug Overbey / Rep. Dennis E. Roach
Description Changes the date by which the workers' compensation division must produce its report of all the employers that failed to obtain coverage or self-insure during the previous fiscal year from December 31 to December 15.
Senate Status 03/18/2014 - Taken off notice in Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2088 / HB1786 Ombudsman and judicial appointment powers.
Category Workers Compensation
Sponsors Sen. Mae Beavers / Rep. Mark Pody
Description Requires the division to refer a person to the ombudsman if the claim for workers' compensation is less than 5,000 dollars. Clarifies that the ombudsman may not provide legal advice but can provide information regarding the claimant's legal rights, explain the administrative process, investigate the claim, assist the unrepresented person with completing forms, and facilitate the production of medical records. Prohibits ombudsman from testifying in a workers' compensation proceeding. Prohibits statements made to an ombudsman from being considered by a workers' compensation judge. Allows unrepresented persons to consult with an ombudsman but requires notice to be provided to ombudsman and ombudsman's services to cease if such person receives retains counsel. Divides the power of appointing workers' compensation judges among the governor and the two speakers of the General Assembly.
Amendment House Consumer & Human Resources committee amendment 1 (013554) rewrites the bill.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 03/18/2014 - House Consumer & Human Resources Committee recommended with amendment 1 (013554). Sent to House Government Operations.
Executive Status 02/27/2014 - Workers' Compensation Advisory Council recommended against passage.

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