(Updated May 20, 2013)
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.
Banking & Credit - 1
SB224 / HB443 Credit card acceptance and establishing amount owed.
| Category |
Banking & Credit |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Roger Kane |
| Description |
Allows a person to accept a credit card account's terms and conditions either by written or electronic signature or by using the credit card account if the credit card agreement specifies that use of the credit card constitutes acceptance of the credit card agreement terms. Allows a creditor to establish a presumption of debt amount owed by presenting a copy of issuer's final billing statement or by data maintained by issuer. Allows a creditor to establish the contracted interest rate for a credit card account through the terms and conditions or the billing statement. |
| Amendment |
SENATE AMENDMENT 1 (005956) rewrites the bill. Allows a creditor's records custodian to testify to certain records contained by the creditor. Specifies that a creditor's records include 1) certain records from an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and 2) such records are incorporated in the creditor's records and relied upon in the creditor's regularly conducted business activity. |
| Fiscal Note |
(Dated: February 11 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed with amendment 1. |
| House Status |
04/08/2013 - House passed. |
| Executive Status |
04/26/2013 - Enacted as Public Chapter 0186 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 22, relative to credit cards. |
Commercial Law - 1
SB219 / HB307 Amends the Federal Electronic Funds Transfer Act.
| Category |
Commercial Law |
| Sponsors |
Sen. Doug Overbey / Rep. William G. Lamberth |
| Description |
Applies the Uniform Commercial Code – Funds Transfers chapter to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (EFTA) unless the remittance transfer is an electronic fund transfer. Requires the EFTA to control when an inconsistency occurs between the EFTA and this state law chapter. Requests the Tennessee Code Commission to include certain official UCC related comments. |
| Fiscal Note |
(Dated: February 6 2013) Not Significant.
|
| Senate Status |
02/21/2013 - Senate passed. |
| House Status |
03/11/2013 - House passed. |
| Executive Status |
04/03/2013 - Enacted as Public Chapter 0051 effective March 26, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 4A, relative to electronic funds transfers. |
Criminal Law - 2
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. |
| Fiscal Note |
(Dated: March 10 2013) Increase State Expenditures - $300,000/Incarceration.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law. |
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. |
| Fiscal Note |
(Dated: March 22 2013) Not Significant.
|
| Senate Status |
None |
| House Status |
02/13/2013 - Referred to House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 17; Title 20; Title 23 and Title 39, relative to misconduct by attorneys. |
Estates & Trusts - 1
| Category |
Estates & Trusts |
| Sponsors |
Sen. John Stevens / Rep. Barrett Rich |
| Description |
Alters provisions regarding trusts. Clarifies certain treatment of material purpose of the trust. Clarifies when a person is not considered a settlor of the trust. Alters creditor's claims and claims process against certain settlors. Alters specific powers of trustee. |
| Amendment |
SENATE AMENDMENT 1, (005602) deletes all language after the enacting clause. Makes various revisions to the Tennessee Uniform Trust Code, Uniform Prudent Investor Act, and Investment Services Act of 2007, including but not limited to, revisions to the following subject matter: determination of the governing jurisdiction for trusts; establishing what constitutes a sufficient nexus for a state jurisdiction provision; effects of the spendthrift provision; distributions of income or principal from the trustee to a beneficiary; compensation and reimbursement of expenses of the trustee; trust advisors or trust protectors; the trustee's duty to inform and report on the administration of the trust and of the material facts to the beneficiary and anyone who, in a capacity other than that of a fiduciary, holds a power of appointment; the exercise of powers over discretionary and other interests; limitations of action against the trustee by a beneficiary, trustee, trust advisor or trust protector; enforcement of no-contest provisions and powers of trust advisors and trust protectors. SENATE AMENDMENT 2 (006609) removes the powers of trust advisers and trust protectors and brings the bill in accordance with the IRS. Specifies that regardless of whether or not the beneficiary sought, received or relied upon legal counsel, a no-contest provision would be enforceable without regard to the beneficiary's good or bad faith in taking the action that would justify the complete or partial forfeiture of the beneficiary's interest in the trust under the terms of the no-contest provision unless probable cause exists for the beneficiary taking such action on the grounds of fraud, duress, revocation, lack of testamentary capacity, undue influence, mistake, forgery or irregularity in the execution of the trust instrument. This amendment details various exceptions to the above provisions. Clarifies that no modification, amendment or grant of a power of appointment with respect to a trust all of whose beneficiaries are charitable organizations may authorize a trust protector or trust advisor to grant a beneficial interest in such trust to any non-charitable interest or purpose. Specifies that no ultimate beneficiary or potential ultimate beneficiary may be a qualified beneficiary. Generally, an ultimate beneficiary or potential ultimate beneficiary is a beneficiary who the settlor or power holder did not reasonably anticipate would take any interest upon termination of all or any part of a trust absent all other beneficiaries or members of classes of beneficiaries named in the trust instrument or is deceased at the time at which such trust or part thereof terminates. |
| Fiscal Note |
(Dated: February 13 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendments 1 and 2. |
| House Status |
04/16/2013 - House passed. |
| Executive Status |
05/14/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 35, relative to fiduciaries and trust estates. |
Family Law - 3
SB28 / HB68 Considering mental health of parent in child custody case.
| Category |
Family Law |
| Sponsors |
Sen. Mae Beavers / Rep. Terri Lynn Weaver |
| Description |
Establishes that a court shall consider mental health records of a parent when making a child custody determination. |
| Amendment |
Senate amendment 1 (004815) rewrites this bill. Present law requires the court to consider the mental and physical health of the parents or caregivers, among other things, when making a decision regarding child custody. This amendment adds that the court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to present law. The court order must contain a qualified protective order that, at a minimum, expressly limits the dissemination of confidential protected mental health information for the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings. |
| Fiscal Note |
(Dated: March 4 2013) Increase State Revenue - $8,100/FY13-14/DMHSAS - $16,300/FY14-15 and Subsequent Years/DMHSAS - Increase State Expenditures - $11,500/FY13-14/DMHSAS - $23,100/FY14-15 and Subsequent Years/DMHSAS.
|
| Senate Status |
04/01/2013 - Senate passed with amendment 1. |
| House Status |
04/16/2013 - House passed. |
| Executive Status |
05/06/2013 - Enacted as Public Chapter 0220 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 33; Title 36 and Title 63, relative to consideration of health care records of a parent in a child custody case. |
SB575 / HB488 DCS annual report to include foster children by county.
| Category |
Family Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Requires the department of children's services' annual report on foster care to include the number of children in foster care and a list of the number of children in foster care in each county. |
| Amendment |
House amendment 1 (006185) deletes all language after the enacting clause. In a determination to commit or retain a child in DCS custody, prohibits a parent from being required to obtain employment, if the parent has sufficient resources from other means to care for the child, or to provide a separate bedroom for a child, unless there are specific safety or medical reasons that would make placement of the child with another child unsafe, to show that continuing or restoring custody with the parent is in the best interest of the child. A permanency plan is prohibited from requiring the parent to obtain employment if such parent has sufficient resources from other means to care for the child and from requiring the parent to provide the child with the child's own bedroom unless specific safety or medical reasons exist that would make bedroom placement of the child with another child unsafe. |
| Fiscal Note |
(Dated: March 15 2013) Not Significant.
|
| Senate Status |
04/16/2013 - Senate passed. |
| House Status |
04/11/2013 - House passed with amendment 1. |
| Executive Status |
05/13/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to foster care. |
SB749 / HB693 Parent's disability - harm to the child standard.
| Category |
Family Law |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Andrew Farmer |
| Description |
Requires the court to find by clear and convincing evidence that a parent's disability poses a substantial risk of harm to the health and safety of the minor child at issue in order to find the disabled parent unfit to meet the needs of the child. Requires all child protective service investigators, family service workers and case managers employed with the department of children's services, all judges and referees, with family law, domestic or juvenile jurisdiction, and all Rule 31 Listed Family Mediators to receive annual training which addresses the issues and concerns of disabled parents. Specifies that at least one half of this annual training is to be conducted by disabled parents. |
| Amendment |
Senate amendment 2 (005321) prohibits the disability of a parent seeking custody from creating a presumption for or against awarding custody to such party but allows the disability to be a factor considered by the court. |
| Fiscal Note |
(Dated: March 11 2013) Increased State Expenditures - $36,000 - Increased Federal Expenditures - $44,500.
|
| Senate Status |
04/04/2013 - Senate passed with amendment 2. |
| House Status |
04/17/2013 - House passed. |
| Executive Status |
05/14/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33; Title 36 and Title 37, relative to custody determinations involving disabled parents. |
Government Organization - 2
SB566 / HB796 Extends the judicial nominating commission.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. John Ragan |
| Description |
Extends the judicial nominating commission through June 30, 2013. |
| Amendment |
House amendment 1, Senate Government Operations Committee amendment 1 (002968) extends the commission to June 30, 2014, instead of June 30, 2013. |
| Fiscal Note |
(Dated: February 7 2013) Not Significant.
|
| Senate Status |
04/19/2013 - Re-referred to Senate Calendar Committee. |
| House Status |
02/21/2013 - House passed with amendment 1. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
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. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| Senate Status |
04/19/2013 - Senate passed with amendment 2. |
| House Status |
04/19/2013 - Held on House clerk's desk. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission. |
Health Care - 3
SB257 / HB1019 Replaces current universal do not resuscitate order statute.
| Category |
Health Care |
| Sponsors |
Sen. Rusty Crowe / Rep. Cameron Sexton |
| Description |
Replaces current do not resuscitate order with a new provision authorizing physician orders for scope of treatment (POST). Defines POST as written orders on an approved form that specifies whether in the event of cardiac or respiratory arrest, cardiopulmonary resuscitation should or should not be attempted and specifies other medical interventions that are to be provided or withheld. Authorizes nurse practitioners or clinical nurse specialists to issue a POST under certain circumstances. Establishes a POST to be valid and in effect until revoked. Requires health care facilities to communicate the existence of the POST. Empowers the board for licensing health care facilities to promulgate rules and create forms regarding procedures for withholding resuscitative services. Removes civil and criminal liability for health care providers acting in good faith for decisions regarding a POST. |
| Amendment |
House amendment 1 (003505) authorizes a physician assistant, in addition to a nurse practitioner or clinical nurse specialist, to issue a POST for a patient with whom such physician assistant has a bona fide nurse-patient relationship in the circumstances described above in the bill summary. Clarifies, in regard to the circumstances for such a nurse or physician assistant to issue a POST, that either the patient is a resident of a licensed nursing home or ICF/MR facility or the patient is a hospital patient and is in the process of being discharged from the nursing home or hospital or transferred to another facility at the time the POST is being issued. Deletes the provisions of the bill that are described in the bill summary under the heading LIVING WILLS AND POWER OF ATTORNEYS FOR HEALTH CARE. |
| Fiscal Note |
(Dated: February 12 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed with amendment 1. |
| Executive Status |
04/29/2013 - Enacted as Public Chapter 0254 effective April 19, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 32, Chapter 11; Title 34, Chapter 6 and Title 68, Chapter 11, relative to health care decisions. |
SB789 / HB645 Reporting of a patient who makes an actual threat of bodily harm.
| Category |
Health Care |
| Sponsors |
Sen. Ferrell Haile / Rep. William G. Lamberth |
| Description |
Requires mental health professionals to report any patient who makes an actual threat of bodily harm against a reasonably identifiable victim or victims to local law enforcement who shall then report such patient to NICS for purposes of prohibiting the purchase of a firearm when a background check is conducted. |
| Amendment |
SENATE AMENDMENT 1 (004497) revises bill's provisions regarding a mental health professional reporting threats of harm. Under this amendment, if a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the service recipient to local law enforcement, who must immediately report the service recipient to the federal bureau of investigation-NICS Index and the department of safety for the purposes of complying with the NICS Improvement Amendments Act. HOUSE AMENDMENT 1 (006279) makes the following changes: (1) Generally, present law requires that certain information regarding a person who is judicially committed or adjudicated as a mental defective, be collected and reported to the FBI-NICS Index and the department of safety. This amendment requires that the clerks of those courts unable to make such direct reports to the FBI-NICS index, provide sufficient information to the AOC who must make such reports on behalf of those clerks as soon as practicable, but no later than the third business day following the date of receipt; (2) This amendment requires the AOC to make available, upon request, to the TBI all information the AOC receives from the various courts regarding compliance with the present law reporting requirements described above in (1); and (3) Under the bill, if a service recipient is reported to local law enforcement for making a threat of bodily harm or death, as described in the above summary, then the local law enforcement must immediately report the service recipient to the FBI-NICS Index and the department of safety for the purposes of complying with the NICS Improvement Amendments Act of 2007. This amendment revises the requirements of local law enforcement who receive such a service recipient to instead require that local law enforcement take appropriate action based upon the information reported. HOUSE AMENDMENT 2 (006755) specifies that if a professional or employee reports a service recipient who threatens serious bodily harm or death as described in the above summary, then no monetary liability and no cause of action may arise against a professional, employee, or service provider for the professional or employee not providing protection from the violent behavior of the service recipient. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Senate concurred in House amendments 1 and 2. |
| House Status |
04/11/2013 - House passed with amendments 1 and 2. |
| Executive Status |
05/07/2013 - Enacted as Public Chapter 0300 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 16; Title 29; Title 33; Title 38; Title 39; Title 40; Title 49; Title 54; Title 55 and Title 65, relative to firearm ownership by mental health patients. |
SB884 / HB1073 Surrogates can seek mental health treatment.
| Category |
Health Care |
| Sponsors |
Sen. Joey Hensley / Rep. Barrett Rich |
| Description |
Authorizes surrogates under the Tennessee Health Care Decisions Act to apply for voluntary admission to a public or private hospital for diagnosis, observation, and treatment of a mental illness or serious emotional disturbance. Establishes that no person may be admitted by a surrogate for more than 21 consecutive days unless a petition has been filed or unless the individual meets certain criteria. Authorizes surrogates to apply for release by filing a written application with the chief officer and to allow the release of confidential information. |
| Amendment |
House amendment 1 (004236) replaces "person" with "individual" wherever it appears. Adds an individual acting as an agent under the Tennessee Health Care Decisions Act, or an individual designated under TCA 68-11-1806(a) to the list of people who may apply for voluntary admission. Replaces a person's surrogate with an individual acting as an agent under the Tennessee Health Care Decisions Act, or an designated under TCA 68-11-1806(a) when requesting a release from inpatient services or a disclosure of confidential information. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed. |
| House Status |
04/08/2013 - House passed with amendment 1. |
| Executive Status |
04/29/2013 - Enacted as Public Chapter 0238 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33 and Title 68, relative to voluntary admission to inpatient treatment. |
Judiciary - 27
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. |
| Fiscal Note |
(Dated: February 15 2013) Not Significant.
|
| Senate Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/28/2013 - Held on House clerk's desk. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2; Title 4; Title 16 and Title 17, relative to appellate court judges. |
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. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| Senate Status |
04/19/2013 - Re-referred to Senate Calendar Committee. |
| House Status |
02/21/2013 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
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). |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| 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). |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission. |
SB222 / HB126 Punitive damage awards based on vicarious liability.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Rick Womick |
| Description |
Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability when the act was committed by a person employed in a management capacity while acting within the scope of employment, the defendant was reckless in hiring or supervising the employee and that recklessness was the proximate cause of the act that caused injury, or the defendant authorized or approved the act with knowledge that the act may result in loss or injury. |
| Amendment |
SENATE AMENDMENT 1 (003064) replaces "subdivision" in Section 1(g)(2) of the bill with "subsection." SENATE AMENDMENT 2 (004090) adds the language "one or more of the following has occurred:" between the language "clear and convincing evidence that" and the colon ":" in subdivision (g)(1) of the amendatory language of Section 1. HOUSE AMENDMENT 1 (004651) revises the provision described above in the bill summary to specify that, in regard to circumstances warranting the award of punitive damages, that the defendant authorized, ratified or approved the act or omission with knowledge or conscious "or reckless" disregard that the act or omission may result in the loss or injury. |
| Fiscal Note |
(Dated: February 12 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate concurred in House amendment 1. |
| House Status |
03/28/2013 - House passed with amendment 1. |
| Executive Status |
04/26/2013 - Enacted as Public Chapter 0224 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damage awards based on vicarious liability. |
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. |
| Fiscal Note |
(Dated: March 20 2013) Decrease State Expenditures - $32,800/Judicial Performance Evaluation Commission - $35,800/Judicial Nominating Commission.
|
| Senate Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
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. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
02/19/2013 - Senate Judiciary recommended. Sent to Calendar Committee. |
| House Status |
04/03/2013 - House Civil Justice Committee deferred to 01/01/14. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6 and Title 24, Chapter 9, Part 1, relative to court reporters. |
SB555 / HB692 Provisions to court appointed guardians and conservators.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Andrew Farmer |
| Description |
Revises various provisions relative to court appointed guardians and conservators to care for persons with disability. |
| Amendment |
SENATE AMENDMENT 1 (004915) specifies that the bill does not supersede the Adult Protection Act or the orders of a court pursuant to such act. Includes an institution where a respondent is living in the notice requirement for appointment of a fiduciary. Any person, institution, or residential provider having care or custody of the respondent is included in the notice requirement imposed on the guardian ad litem relative to appointment of a conservator. Specifies that a guardian ad litem may be appointed by a court in any proceeding and that a guardian ad litem must be appointed on the filing of a petition for appointment of a fiduciary unless the respondent is represented by counsel who has made an appearance on behalf of the respondent. If the respondent is represented by counsel, then the court may, depending on the best interests of the respondent, choose to continue the services of the guardian ad litem or waive appointment or terminate the services of the guardian ad litem. Specifies that mental health law means court ordered involuntary commitment for care and treatment pursuant to Title 33. Specifically identifies the provisions that are amended by changing the language "disabled person" to "person with a disability". Changes "must" to "shall" and corrects a typographical error in Section 24 of the bill. Adds a district public guardian as described by Tenn. Code Ann. § 34-7-104 to the list of persons the court should consider for appointment as a conservator in current law. Adds to current law that the court is required to explain in the court's order naming the conservator the reasoning for appointing a person other than the specific persons listed. SENATE AMENDMENT 2 (005172) specifies that the closest relative or relatives of a respondent for purposes of serving the notice of a hearing on a petition for appointment of a fiduciary are as such persons are described in interstate succession law. HOUSE AMENDMENT 2 (006611) specifies that the bill will apply to actions commenced on or after July 1, 2013. HOUSE AMENDMENT 3 (007196) specifies that if the respondent is under hospitalization and no other person, including an agent acting under an advanced directive, a durable power of attorney, or a living will appears to have the authority and willingness to act and is acting in the best interest of the respondent, then the court, on petition of a person interested in the respondent's welfare, may appoint an expedited limited healthcare fiduciary. The fiduciary's authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility. The fiduciary's authority may not exceed 60 days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court would appoint an attorney ad litem to represent the respondent in the proceeding. The court would hold a hearing on the appropriateness of the appointment within five days of the appointment. The time periods set forth in this amendment are mandatory and not directory. Failure to comply with those provisions would void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary. The court may remove an expedited limited healthcare fiduciary at any time. This amendment specifies that this bill would apply to actions commenced on or after the bill's effective date. |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
04/19/2013 - Senate concurred in House amendments 2 and 3. |
| House Status |
04/18/2013 - House passed with previously adopted amendments 2 & 3. |
| Executive Status |
05/16/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 34 and Title 40 relative to a person appointed by a court to exercise duties for another person. |
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. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| Senate Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/05/2013 - House Criminal Justice Subcommittee deferred to 03/19/13. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 7, Part 1, relative to strip searches. |
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. |
| Fiscal Note |
(Dated: February 23 2013) Not Significant.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 4, relative to misconduct in the disciplining of attorneys. |
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. |
| Fiscal Note |
(Dated: March 12 2013) Other Fiscal Impact - According to the AOC, each reassessment will require approximately $50,000 in expenditures to contract with consultants.
|
| Senate Status |
04/16/2013 - Senate passed with amendment 1. |
| House Status |
04/19/2013 - Failed to receive constitutional majority (28-66-1). Re-referred to Calendar and Rules. Rep. Matheny made a motion to reject, pursuant to Rule 63 of the House Rules of Order. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 8, Chapter 7; Title 16; Title 17; Title 18, Chapter 4 and Title 18, Chapter 5, relative to judicial districts. |
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. |
| Fiscal Note |
(Dated: March 2 2013) Increase State Expenditures - $2,116,400/FY13-14 - $2,581,300/FY14-15 and Subsequent Years.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 2, relative to public employee positions. |
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. |
| Fiscal Note |
(Dated: March 7 2013) Increase State Revenue - Exceeds $40,000 - Increase Local Revenue - Exceeds $310,000.
|
| Senate Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 21, Part 4, relative to clerks of court. |
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. |
| Fiscal Note |
(Dated: February 23 2013) Other Fiscal Impact - Currently, only one county in Tennessee has implemented an electronic court filing system. Any county that chooses to implement such a system in the future will incur costs, but those costs depend upon several unknown factors, including which system provider is chosen by the Administrative Office of the Courts and whether the county currently has a case management system. Any permissible costs, however, are reasonably estimated to exceed $750,000 per county.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 16; Title 18; Title 19; Title 20 and Title 40, relative to electronic court filing systems. |
SB1057 / HB1226 Electronic formats allowed for certifications from judges to governor.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Allows certifications from judges to the governor of all cases upon the docket in which any judge is incompetent to sit to be presented in an electronic format, if the governor so approves. |
| Amendment |
Senate amendment 1 (005618) requires all courts that implement an electronic court filing system to use a system specified by the Administrative Office of the Courts. |
| Fiscal Note |
(Dated: March 10 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendment 1. |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
04/30/2013 - Enacted as Public Chapter 0279 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to the judiciary. |
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. |
| Fiscal Note |
(Dated: February 8 2013) Not Significant.
|
| Senate Status |
04/19/2013 - Senate passed with amendment 2. |
| House Status |
03/27/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to judges. |
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. |
| Fiscal Note |
(Dated: March 4 2013) Decrease State Expenditures - $32,800/Judicial Evaluation - $35,800/Judicial Nominating Commission.
|
| Senate Status |
03/26/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/27/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
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. |
| Fiscal Note |
(Dated: March 25 2013) Decrease State Expenditures - $2,247,800/Recurring.
|
| Senate Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
02/20/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 4 and Title 16, Chapter 5, relative to intermediate appellate courts. |
SJR2 Constitutional amendment - appointment of appellate judges.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes an amendment to provide for gubernatorial appointment of appellate judges, subject to legislative confirmation, followed by retention elections. |
| Fiscal Note |
(Dated: January 25 2013) Increase Local Expenditures - Up to $10,000/FY14-15.
|
| Senate Status |
03/13/2013 - Signed by Senate speaker. |
| House Status |
03/19/2013 - Signed by House speaker. |
| Executive Status |
03/11/2013 - Sent to the speakers for signatures. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
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. |
| Fiscal Note |
(Dated: March 22 2013) Increase State Expenditures - $9,100/FY13-14.
|
| Senate Status |
02/18/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, to provide for popular election of the Attorney General and Reporter for the State. |
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. |
| Fiscal Note |
(Dated: January 25 2013) Increase Local Expenditures - Up to $10,000/FY14-15.
|
| Senate Status |
None |
| House Status |
02/25/2013 - House substituted SJR2 for the resolution. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
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. |
| Fiscal Note |
(Dated: February 20 2013) Increase State Expenditures - $9,100/One-Time.
|
| Senate Status |
None |
| House Status |
03/20/2013 - Failed in House Civil Justice Subcommittee. |
| Caption |
A RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, to provide for popular election of the Attorney General and Reporter for the State. |
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. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
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. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
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. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
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. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
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. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
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. |
| Caption |
A RESOLUTION approving the adoption of the Rules of Practice and Procedure of the Board of Judicial Conduct, promulgated by the Board of Judicial Conduct pursuant to the provisions of Chapter 819 of the Public Acts of 2012 and Tennessee Code Annotated, Section 16402, et seq. |
Labor Law - 1
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. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
Media & Publishing - 1
SB461 / HB1001 Public notice in newspaper must also be on website.
| Category |
Media & Publishing |
| Sponsors |
Sen. Ken Yager / Rep. Ryan A. Haynes |
| Description |
Requires legal and public notices that are currently required to be published in newspaper of general circulation to also be posted on newspaper's web site and on statewide web site maintained by Tennessee Press Association. |
| Amendment |
Senate amendment 1 (003948) establishes that newspapers post the complete notice at the same price. Requires notices to be posted on a statewide web site established and maintained as a joint venture of the majority of Tennessee newspapers, instead of the Tennessee Press Association. Adds that any notice published on a web site pursuant to this section shall be accessible to the public at no charge. |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
03/14/2013 - Senate passed with amendment 1. |
| House Status |
03/25/2013 - House passed. |
| Executive Status |
04/18/2013 - Enacted as Public Chapter 0124 effective April 12, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3; Title 30, Chapter 2 and Title 67, Chapter 5, relative to public notices. |
Property & Housing - 1
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. |
| Fiscal Note |
(Dated: March 14 2013) Not Significant.
|
| Senate Status |
04/17/2013 - Senate Delayed Bills did not take action. |
| House Status |
04/10/2013 - House passed with amendment 1. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 11, relative to liens. |
Public Employees - 2
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. |
| Fiscal Note |
(Dated: March 7 2013) Other Fiscal Impact - Cases in which the Speakers or the Governor elects to hire outside counsel will result in an increase in state expenditures of at least $5,000 per case for legal fees and expenses, depending on the nature, complexity and duration of each case. The circumstances under which this scenario may arise are not known and a more precise fiscal impact of this bill therefore cannot reasonably be determined.
|
| Senate Status |
02/05/2013 - Referred to Senate Judiciary. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, relative to defending the constitutionality and validity of enacted legislation. |
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. |
| Fiscal Note |
(Dated: February 17 2013) Not Significant.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 30; Title 8, Chapter 50; Title 23 and Title 49, Chapter 7, relative to law school legal aid clinics. |
Public Finance - 2
SB502 / HB507 Fiscal appropriations bill.
| Category |
Public Finance |
| Sponsors |
Sen. Mark S. Norris / Rep. Charles M. Sargent |
| Description |
Appropriations are made to defray the expenses of state government for the fiscal year beginning July 1, 2013, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state, and for certain state aid and obligations and for capital outlay; for the service of the public debt, and for emergency and contingency. |
| Amendment |
SENATE AMENDMENT 5 (001163) is the original budget appropriations proposal given by the Governor. SENATE AMENDMENT 6 (006725) is the administration amendment. SENATE AMENDMENT 7 (006901) is the procurement bill language amendment. SENATE AMENDMENT 8, as amended, contains the "FY13-14 Senate Budget Sub Recommendations 6:23PM 4-16-13" (Available on the TLS homepage under TLS Documents), with one addition: Historical Commission - Continuation of historical interpretation of Parker's Crossroads - $30,000 recurring. SENATE AMENDMENT 9 (007257) deals with language in the fiscal year ending June 30, 2014 which the comptroller of the treasury must carry forward balances of miscellaneous appropriations. SENATE AMENDMENT 10 (007258) deals with technology centers equipment. HOUSE AMENDMENT 1 (003044) makes the bill and contains appropriations language (101 pp). HOUSE AMENDMENT 2 (005500) contains administration and legislative adjustments (57 pp). |
| Senate Status |
04/18/2013 - Senate concurred in House amendments 1 and 2. |
| House Status |
04/17/2013 - House passed with amendments 1 and 2. |
| Executive Status |
05/16/2013 - Signed by governor. |
| Caption |
AN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2012, and July 1, 2013, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2012, and July 1, 2013. |
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. |
| Fiscal Note |
(Dated: March 15 2013) Other Fiscal Impact - The exact fiscal impact of the proposed legislation cannot be reasonably quantified. Any funds collected from refugee resettlement agencies will not exceed the amount of federal grant funds that the agencies retained to assist resettled refugees and will remain in the Refugee Resettlement Fund until allocated by the Department of Finance and Administration to state and local agencies. Allocations from the fund will reimburse state and local departments for funds already expended and will be subject to normal budgeting practices. Any Medicaid funds collected will be allocated to the Department of Intellectual and Developmental Disabilities to for assistance to eligible individuals.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 9; Title 49 and Title 71, relative to refugee resettlement. |
Taxes Business - 3
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. |
| Fiscal Note |
(Dated: February 17 2013) Decrease State Revenue - $77,600/FY12-13 - Increase State Revenue - Net Impact - - Exceeds $1,135,800/FY13-14 and Subsequent Years.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to occupational taxes. |
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. |
| Fiscal Note |
(Dated: February 20 2013) On February 17, 2013, a fiscal note was issued estimating a fiscal impact as follows: - Decrease State Revenue - Net Impact - $7,483,500/FY13-14 - $14,967,000/FY14-15 - $22,450,400/FY15-16 - $29,933,900/FY16-17 - $37,417,400/FY17-18 - $44,900,900/FY18-19 - $52,384,400/FY19-20 - $59,867,800/FY20-21 - $67,351,300/FY21-22 - $74,834,800/FY22-23 and Subsequent Years - Increase Local Revenue - $106,600/FY13-14 - $213,200/FY14-15 - $319,800/FY15-16 - $426,500/FY16-17 - $533,100/FY17-18 - $639,700/FY18-19 - $746,300/FY19-20 - $852,900/FY20-21 - $959,500/FY21-22 - $1,066,100/FY22-23 and Subsequent Years - Due to an omission, this impact was in error. Based on additional information provided by the Department of Revenue, the estimated fiscal impact is:
(CORRECTED)
- Decrease State Revenue - Net Impact - $7,483,500/FY13-14 - $14,967,000/FY14-15 - $22,450,400/FY15-16 - $29,933,900/FY16-17 - $37,417,400/FY17-18 - $44,900,900/FY18-19 - $52,384,400/FY19-20 - $59,867,800/FY20-21 - $67,351,300/FY21-22 - $74,834,800/FY22-23 and Subsequent Years - Decrease State Expenditures - $88,320/FY13-14 - $176,640/FY14-15 $264,960/FY15-16 $353,280/FY16-17 - $441,600/FY17-18 - $529,920/FY18-19 $618,240/FY19-20 $706,560/FY20-21 $794,880/FY21-22 $883,200/FY22-23 and Subsequent Years - Increase Local Revenue - $106,600/FY13-14 - $213,200/FY14-15 - $319,800/FY15-16 - $426,500/FY16-17 - $533,100/FY17-18 - $639,700/FY18-19 - $746,300/FY19-20 - $852,900/FY20-21 - $959,500/FY21-22 - $1,066,100/FY22-23 and Subsequent Years.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax imposed on persons engaged in certain occupations. |
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. |
| Fiscal Note |
(Dated: March 6 2013) Decrease Local Revenue - $1,590,000/FY12-13 - $3,500,000/FY13-14 and Subsequent Years.
|
| Senate Status |
04/17/2013 - Senate Finance, Ways & Means Committee deferred to 2014. |
| House Status |
04/09/2013 - Taken off notice in House Finance Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax on professional athletes. |
Taxes General - 3
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. |
| Fiscal Note |
(Dated: February 26 2013) Decrease State Revenue - $13,036,000/FY12-13 - $24,253,800/FY13-14 - $14,741,400/FY14-15 - $3,948,200/FY15-16.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 3; Title 67, Chapter 8, Part 4 and Title 67, Chapter 8, Part 5, relative to the inheritance tax. |
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. |
| Fiscal Note |
(Dated: March 17 2013) Increase State Revenue - $94,000/Recurring - Increase State Expenditures - $23,500/One-Time - $330,000/Recurring - Other Fiscal Impact - Five positions, as well as $330,000 in recurring funding, will shift from the Department of Revenue to the Secretary of State beginning in FY13-14.
|
| Senate Status |
01/31/2013 - Referred to Senate State & Local Government. |
| House Status |
02/13/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 67, relative to administrative procedures. |
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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 55 and Title 67, to enact the "Tennessee Administrative Tax Tribunal Act ". |
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." |
| Fiscal Note |
(Dated: March 17 2013) Not Significant.
|
| Senate Status |
02/08/2013 - Referred to Senate Finance, Ways & Means. |
| House Status |
02/13/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 1 and Title 67, Chapter 1, Part 18, relative to state tax procedure. |
Tort Liability - 5
SB56 / HB1099 Doctrine of joint and several liability - civil actions.
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Requires the doctrine of joint and several liability to not be applied in civil actions governed by comparative fault. Requires a defendant to only be held liable for that defendant's attributed fault as determined by the court. Retains the doctrine of joint and several liability in certain civil conspiracy cases. |
| Amendment |
SENATE AMENDMENT 1 (002914) specifies that this bill will not prevent parties from entering into a legally enforceable contract that allocates fault in a civil proceeding among the contracting parties. HOUSE AMENDMENT 1 (006401) adds an exception by authorizing parties to enter into legally enforceable contracts in which the parties agree to a specific allocation of fault between them. Deletes and rewrites subsection (b) of 29-11-107 of section 1. Specifies that joint and several liability remains in effect to apportion financial responsibility among manufacturers only in a product liability action based only on strict liability or breach of warranty. |
| Fiscal Note |
(Dated: February 3 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Senate concurred in House amendment 1. |
| House Status |
04/11/2013 - House passed with amendment 1. |
| Executive Status |
05/07/2013 - Enacted as Public Chapter 0317 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 11, Part 1, relative to the doctrine of joint and several liability. |
SB273 / HB967 Qualified protective orders in healthcare liability action.
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Requires the defendant in a legal action to return certain information to the healthcare provider or destroy any protected health information obtained by a qualified protective order at the end of the healthcare liability action litigation. Requires the qualified protective order to specify that participation by a treating healthcare provider is voluntary. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
02/25/2013 - Senate passed. |
| House Status |
03/04/2013 - House passed. |
| Executive Status |
03/22/2013 - Enacted as Public Chapter 0023 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-121(f)(1)(C), relative to qualified protective orders in healthcare liability actions. |
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. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 26, relative to certificates of good faith in health care liability actions. |
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. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
04/09/2013 - Senate Judiciary Committee deferred to the first calendar of 2014. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 26, relative to medical malpractice resulting from emergency care. |
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. |
| Fiscal Note |
(Dated: February 26 2013) Not Significant.
|
| Senate Status |
03/19/2013 - Senate Judiciary Committee deferred to summer study. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 24 and Title 29, relative to the recovery of tort damages. |
Workers Compensation - 5
SB200 / HB194 Workers compensation changes.
| Category |
Workers Compensation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Makes various technical changes to present law concerning workers' compensation. Requires the administrator of the division of workers' compensation to have a minimum of seven years' credible experience in the field of workers' compensation, instead of five years of experience. Present law requires any settlement of a state employee's workers' compensation claim to be approved by either a claims commissioner or by the commissioner of labor and workforce development or the commissioner's designee. This bill instead requires that state employees' settlements be approved by either a claims commissioner or a workers' compensation specialist. Changes the time within which a state employee may file a claim for workers' compensation benefits with the claims commission from within 90 days of the filing of an impasse report identifying unresolved issues by a workers' compensation specialist to within 75 days of exhaustion of the benefit review process. Under present law, if any legal or administrative entity that is created by an agreement between governmental entities to pool their resources to provide workers' compensation coverage participates in the second injury fund and then ceases participation, either the second injury fund remains liable for a claim for injuries to an employee insured by the entity that occurred prior to the termination of participation and for which benefits had not been paid prior to the termination; provided, that the legal or administrative entity must promptly reimburse the second injury fund for the actual amount of any such benefits subsequently paid by the second injury fund; or, within 30 days of the cessation of such participation, the legal and administrative entity may elect to assume complete liability for the claim thereby releasing the second injury fund from any duty to defend or liability, but in either case, the recovery by any employee must not be reduced or defeated. This bill changes the time within which the legal or administrative entity that ceases participation in the second injury fund may elect to assume complete liability for a claim from within 30 days of the cessation of participation in the fund to within 45 days of such cessation. Under present law, a sole proprietor or partner in a business who devotes full time to the proprietorship or partnership and elects to be included in the definition of employee by filing written notice of the election with the division of workers' compensation at least 30 days before the occurrence of any injury or death is considered an "employee" for purposes of the injury or death being covered by workers' compensation. This bill requires that a sole proprietor or partner must file the notice of election to be covered as an employee at least 45 days before the injury date in order for the injury or death to be covered. Deletes the present law requirement that an insurer must file written notice with the division of workers' compensation, which must then notify the employer, whenever it appears that the amount of a workers' compensation claimant's medical benefits will exceed $5,000. Changes the time within which an employee must report an occupation disease to the employer, in order for the disease to be compensable as a workers' compensation injury, from within 30 days after the first distinct manifestation of the disease to within 45 days after the first distinct manifestation of the disease. Broadly captioned. (Part of Administration Package) |
| Amendment |
SENATE AMENDMENT 1 (004568) deletes all language after the enacting clause. Effective upon becoming law for implementation purposes. Effective January 1, 2014, for all other purposes. Deletes and rewrites workers' compensation law. Separates the Division of Workers' Compensation (DWC) from the Department of Labor and Workforce Development, except for administrative matters only. Requires the Administrator of the DWC to be appointed by the Governor for a six-year term. Defines "maximum total benefits" for injuries occurring on, or after July 1, 2014, as 450 times 100 percent of the state's average weekly wage. Authorizes the Administrator to assess a fee up to $250 for an appeal of any utilization review decision. Authorizes certain civil penalties for violations of workers' compensation law. Decreases, from 15 to 7, the number of voting members on the medical payment committee. Requires the appointment of a medical advisory committee. Establishes an alternative dispute method for resolving claims with a workers' compensation mediator. Creates the Court of Workers' Compensation Claims composed of judges for the adjudication of claims. Requires the Governor to appoint three judges to serve six-year terms. Authorizes a workers' compensation judge to assess discretionary fees for depositions of medical experts. Authorizes an appeal to a panel of three judges, including one member of the Supreme Court of Tennessee. Replaces the workers' compensation specialist program with a mediator program to assist employees and employers to conduct alternative dispute resolutions. Establishes an ombudsman program to assist employees and employers that are not represented by an attorney in a claim. Authorizes the Administrator to charge a filing fee sufficient to offset the costs of administering the program. Requires an education and training program for mediators, judges, and ombudsmen. SENATE AMENDMENT 2 (004912) corrects typographical errors. SENATE AMENDMENT 3 (005511) specifies that chiropractors are included with treating physicians in the provisions of this bill as amended. HOUSE AMENDMENT 2 (005813) makes the same changes as Senate Amendments 2 and 3 and makes various technical changes to the bill. HOUSE AMENDMENT 14 (006816) revises the provisions regarding the division's review of the impact of this bill to require review by July 1, 2015, and annually thereafter, rather than by July 1, 2017 and annually thereafter through July 2020, and to require a report of the review's findings to the members of the general assembly. Schedules the division of workers' compensation in the sunset cycle for June 30, 2018. |
| Fiscal Note |
(Dated: February 21 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Senate concurred in House amendments 2 and 14. |
| House Status |
04/11/2013 - House passed with amendments 2 & 14. |
| Executive Status |
05/06/2013 - Enacted as Public Chapter 0289 effective April 29, 2013. (28 pages) |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 14; Title 9, Chapter 8, Part 3; Title 9, Chapter 8, Part 4; Title 29, Chapter 20, Part 4; Title 50, Chapter 6, Part 1; Title 50, Chapter 6, Part 2 and Title 50, Chapter 6, Part 3, relative to the improvement of workers'compensation system. |
SB432 / HB864 Third party actions against tortfeasors under Workers Comp Act.
| Category |
Workers Compensation |
| Sponsors |
Sen. Doug Overbey / Rep. Ron Lollar |
| Description |
Specifies that the exclusive remedy provision of the Workers' Compensation Act does not limit third party actions against tortfeasors. |
| Amendment |
House amendment 2 (006450) Deletes all language after the enacting clause. Entitles an employee who leaves the state incidental to the employee's employment and who receives an accidental injury arising out of the course and scope of employment to workers' compensation benefits. Exempts certain Employees and employers from other states from the requirements of workers' compensation law. Exempts certain employees and employers, from Tennessee, from the requirements of other states. Adds language to the bill requiring a certificate from the authorized officer of another state, certifying that the employer is insured in that state. Authorizes the Department of Commerce and Insurance to issue certificates to employers in Tennessee. Requires a filing fee of $100 payable to the Department of Commerce and Insurance. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
04/16/2013 - Senate passed. |
| House Status |
04/16/2013 - House passed with amendment 2. |
| Executive Status |
05/13/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, relative to workers' compensation. |
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. |
| Fiscal Note |
(Dated: March 8 2013) Not Significant.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 50-6-623, relative to the workers' compensation review committee. |
SB1275 / HB1159 Changes references from commissioner to administrator.
| Category |
Workers Compensation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Changes references from "commissioner" to "administrator" throughout the Workers' Compensation Law, whenever the reference is to the commissioner of labor and workforce development in the code as supplements are issued and volumes are replaced. |
| Amendment |
SENATE AMENDMENT 1 (004144) adds language to the original bill. Deletes chapter definition for "benefit review conference" from worker's compensation law. Requires a petition be filed rather than filing a request for review by the Department of Labor and Workforce Development. Makes technical corrections to workers' compensation law that will only be relevant upon passage of SB200 – HB194 of the 108th General Assembly. SENATE AMENDMENT 2 (004599) changes the effective date to July 1, 2014. |
| Fiscal Note |
(Dated: February 27 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed with amendments 1 and 2. |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
05/01/2013 - Enacted as Public Chapter 0282 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to the workers' compensation system. |
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. |
| Fiscal Note |
(Dated: March 14 2013) Increase State Revenue - Exceeds $62,900/Each Year FY13-14 thru FY17-18/General Fund - Exceeds $198,100/Each Year FY18-19 thru FY22-23/General Fund - $245,300/FY23-24 and Subsequent Years/General Fund - Exceeds $800/Each Year FY13-14 thru FY16-17/Second Injury Fund - Exceeds $14,000/FY17-18 and Subsequent Years/Second Injury Fund - Exceeds $200/Each Year FY13-14 thru FY16-17/TOSHA - Exceeds $2,800/FY17-18 and Subsequent Years/TOSHA - Exceeds $293,500/Each Year FY13-14 thru FY17-18/ - Unemployment Insurance Trust Fund - Exceeds $869,800/Each Year FY18-19 thru FY22-23/ - Unemployment Insurance Trust Fund $1,092,600/FY23-24 and Subsequent Years/- Unemployment Insurance Trust Fund - Increase State Expenditures - $7,600/One-time/Employee Misclassification - Education and Enforcement Fund - $362,400/Recurring/Employee Misclassification - Education and Enforcement Fund.
|
| 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
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