TBA Bill Tracking Service

TBA Bill Tracking Service — Action List
(Updated March 18, 2010)

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
SB 3203 Finney L. HB 3203 Eldridge	Bankruptcy: increased personal property exemption & credits. Increases the amount of personal property a debtor can claim from $4,000 to $10,000 and exempts all money received due to federal earned income credit and federal child tax credit. (S: Finney L.; H: Eldridge) House Co-Sponsors: Dennis; Shaw Amendment: House amendment 1 removes from the bill any reference to exemptions of federal earned income credit and federal child tax credit. Senate amendment 1 removes the exemption from execution for money received by a debtor as a result of the federal earned income tax credit or the federal child tax credit. Senate Status: Senate 03/18/2010 passed with amendment 1. Senate amendment 1 removes the exemption from execution for money received by a debtor as a result of the federal earned income tax credit or the federal child tax credit. House Status: House 03/15/2010 passed with amendment 1.
SB 3519 Overbey HB 3588 Coleman	Legal notice of foreclosure. Requires lender, trustee, or other creditor to send the debtor a notice of the right to foreclose via regular mail prior to the first publication of a notice of a foreclosure sale. Requires the notice to be sent no less than 60 days prior to the first publication. (S: Overbey; H: Coleman) House Co-Sponsor: Moore Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee 03/17/2010 recommended with amendment. Sent to House Judiciary.
SB 3768 Bunch HB 3051 Watson E.	Modification of garnishment judgment. Allows any garnishment judgment to be modified up to 90 days prior to the judgment being satisfied. Makes applicable to any garnishment judgment that is entered on or after July 1, 2010. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3771 Bunch HB 3035 Dennis	Debtors' personal property: exemption increase. Allows a debtor to exempt $10,000 in personal property, instead of $4,000, when another party executes property seizures after a successful lawsuit. (S: Bunch; H: Dennis) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Committee deferred to last calendar.
SB 3784 Bunch HB 3899 Watson E.	Bankruptcy - exemption of personal property by debtor. Allows a person filing for bankruptcy to exempt an additional $10,000 of personal property, rather than the current $4,000. Allows the exemption of one motor vehicle as personal property not exceeding $3,500. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3793 Bunch HB 3903 Watson E.	Bankruptcy debtors: additional exempt personal property. Allows a person filing for bankruptcy to exempt $8,000 dollars of personal property, from the previous $4,000 dollars. Provides that each debtor spouse can exempt property valued at $20,000 dollars, regardless of whether the property is titled in which spouse's name. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3794 Bunch HB 3900 Watson E.	Bankruptcy - tools of trade exemption for debtor. Increases the amount a debtor may claim as exempt for tools of trade from $1,900 dollars to $4,000 dollars. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3795 Bunch HB 3901 Watson E.	Bankruptcy exemptions: more personal property and tools. Allows a person filing for bankruptcy to exempt $8,000 dollars of personal property, instead of $4,000 dollars, and $2,000 dollars in tools of trade, instead of $1,900. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
CAMPAIGNS & LOBBYING
SB 2035 Jackson HB 1936 Coleman	Supreme Court Voter-Owned Elections Act. Enacts the "Supreme Court Voter-Owned Elections Act." Establishes as an alternative source of campaign financing for candidates to the supreme court who obtain a sufficient number of qualifying contributions from registered voters and who voluntarily accept certain fund-raising and spending limits, the Tennessee democracy fund. (S: Jackson; H: Coleman) Senate Status: Taken off notice in Senate Government Operations 05/11/2009. House Status: Referred to House Judiciary. House Government Operations will review if recommended.
SB 2760 Norris HB 2812 Odom	Biannual employer disclosure reports - filing deadlines. Revises biannual employer disclosure reports filing deadlines from within 45 days of March 31 and September 30 to within 45 days of June 30 and December 31. (S: Norris; H: Odom) House Co-Sponsors: Cobb T.; Todd Senate Status: Taken off notice in Senate State & Local Government 03/17/2010. House Status: House State & Local Government 02/09/2010 recommended. Sent to Calendar & Rules.
COMMERCIAL LAW
SB 0847 Black HB 1206 McCord	Claiming of damages under Consumer Protection Act. Requires an individual claiming damages under Consumer Protection Act to prove causal link between alleged act and person's damages. Requires such a claimant to show actual out-of-pocket loss based on actual market value of good or service received in order to recover damages. (S: Black; H: McCord) Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/26/2009. House Status: House Consumer & Employee Affairs deferred to last calendar.
SB 3814 Johnson J. HB 3644 Sargent	Business organizations: domestic or foreign LLC, LLP, or LP. Authorizes anyone to apply to the secretary of state to furnish a certificate of existence for a domestic LLC, LLP, or LP or a certificate of authorization for a foreign LLC, LLP, or LP. Specifies the requirements of the certificate of existence or authorization. (S: Johnson J.; H: Sargent) Amendment: House Judiciary amendment 1 adds extra requirements in certificates of existence or authorization for LLCs, LLPs, & LPs; requires $20 fee for application for certificate of existence or authorization; and redefines terms relating to foreign LLCs, LLPs, and LPs. Senate Status: Re-referred to Senate Commerce, Labor & Agriculture from the Senate floor 03/15/2010. House Status: Set for House floor 03/22/2010.
SB 3815 Johnson J. HB 3645 Sargent	Distinguishable names for corporations or partnerships. Creates an additional exception to the general rule that the name of a corporation or limited partnership must be distinguishable from the name of another business organization authorized to do business in this state by having consent in writing or a form satisfactory to the secretary of state. (S: Johnson J.; H: Sargent) Amendment: House Judiciary amendment 1 rewrites the bill and establishes new standards for both foreign and domestic corporations, LLCs, LLPs, and LPs without distinguishable names to apply for approval to the secretary of state under certain circumstances. Senate Commerce amendment 1, House Judiciary Civil Procedure amendment 1 corrects typographical errors, changing ":or" to ";". Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: Set for House floor 03/22/2010.
CRIMINAL LAW
SB 0070 Bunch HB 0054 Swafford	Seizure or confiscation of certain property. Creates Class A misdemeanor offense of owner of intellectual property seizing property alleged to be counterfeit or imitation but permits seizures by law enforcement or governmental official if accomplished by a method provided or authorized by law. Requires restitution for the value of any time, property, merchandise, or goods seized due to the violation of this section. (S: Bunch; H: Swafford) Senate Status: Taken off notice in Senate Judiciary 05/27/2009. House Status: Held on House clerk's desk.
SB 0261 Jackson HB 0596 Coleman	Recording of custodial interrogation related to homicide. Requires all statements made by a person during a custodial interrogation relating to a homicide to be electronically recorded and preserved. (S: Jackson; H: Coleman) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/22/2009.
SB 0436 Overbey HB 1623 McCord	Testimony of forensic interviewer. Specifies that in any criminal proceeding involving sex offenses committed against a victim less than 13 years of age, including aggravated sexual battery, rape of a child and sexual battery by an authority figure, the testimony of a forensic interviewer is admissible. (S: Overbey; H: McCord) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee.
SB 0501 Burchett HB 1729 Sontany	Makes strangulation an aggravated assault. Establishes bodily injury to another by strangulation as aggravated assault. (S: Burchett; H: Sontany) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee.
SB 0541 Ketron HB 0672 Maggart	Misdemeanor for accepting money when not licensed to do so. Creates Class A misdemeanor punishable by fine only for any person to receive money for performing a service if not licensed or authorized by the law. Broadly Captioned. Text of bill is same as HB0673 / SB0542. (S: Ketron; H: Maggart) Senate Status: Taken off notice in Senate Judiciary 04/29/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/24/2010.
SB 1402 Jackson HB 1456 Coleman	Tennessee Death Penalty Open File Discovery Act. Enacts the "Tennessee Death Penalty Open File Discovery Act." Requires the district attorney general to make available to the defendant for inspection and copying all relevant documents, tangible objects and statements, together with complete files of all investigative agencies. Requires the district attorney general to give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial. Specifies that the district attorney general is not required to disclose written materials drafted by the prosecuting attorneys or their legal staff for their own use at trial. (S: Jackson; H: Coleman) TN Judicial Council Comment: The Judicial Council believes that it would be more appropriate for this issue to be considered by the Advisory Commission on the Rules of Practice and Procedure. Moreover, the sponsor may wish to address the legislation's impact on cases which were pending at the trial and appellate court levels prior to the legislation's effective date. Finally, the sponsor may wish to address the inconsistencies between proposed 39-11-802 (Provides that the Part only applies to cases in which a death/LWOP notice has been filed, which the State is required to file "not less than thirty (30) days" prior to trial.), 39-11-805 (No later than 90 days after indictment, the prosecutor must make a written demand for the items at issue. However, the death/LWOP notice may not have been filed this early in the proceedings, so the Part technically would not apply pursuant to 39-11-802.), and 39-11-806 (Same timing/notice issue as 39-11-805. Moreover, it is unclear why 39-11-805 merely contemplates submission of the written demand by the prosecutor no later than 90 days after indictment and 39-11-806 assumes that the prosecutor has submitted the demand, received the certifications, received the required documents/objects, and provided them to the defendant during the same time period.). Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. Other Status: TN Judicial Council reviewed 03/19/2009 with comment.
SB 2770 Burchett HB 3077 Haynes R.	Perjury: false statements not under oath and false evidence. Establishes that the following items are perjury if made during an official proceeding: a knowingly false statement not under oath but made during an official proceeding, or the intentional introduction or affirmation of false evidence. Classifies that perjury made by a licensed attorney is a Class E felony. (S: Burchett; H: Haynes R.) Judicial Council comment: Given the broad definition of "official proceeding" in Tennessee Code Annotated section 39-16-701, the Council observed that this legislation has far-reaching implications. Moreover, by definition, such a proceeding is one in which the public servant is authorized to take statements under oath. Therefore, it appears that the perceived problem which this legislation is attempting to address could be remedied by placing the person at issue under oath. Moreover, the Council questioned whether it was appropriate to expand the offense of perjury beyond sworn statements. The Council believes that the authority to subject a person to fines and/or incarceration should be used sparingly. Because the penalty provision of this legislation addresses licensed attorneys, it is possible that the bill's broadening of the definition of perjury is directed at the statements and actions of attorneys during a judicial proceeding such as a trial. Under current law, statements made by counsel are not evidence, and the jurors are instructed to that effect. The Council expressed concern regarding the possible "chilling effect" of this legislation, which appears to have constitutional implications regarding the separation of powers doctrine as well a criminal defendant's right to due process and to the effective assistance of counsel. See Tenn. Op. Atty. Gen. No. 10-24. Finally, the Council recommended that the sponsor consider defining the terms "affirms," "validity," and "knows." Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/24/2010. Other Status: Tennessee Judicial Council reviewed 03/04/2010 with comment.
ECONOMIC DEVELOPMENT
SB 3653 Kelsey HB 3699 Rowland	Mandatory use of e-verify system in hiring. Requires each employer, including the state and local government, to use the e-verify system created by the federal governments to verify the employment eligibility status of any person seeking employment. Requires such employer to maintain a copy of documentation verifying the eligibility of the application for a period of three years. (S: Kelsey; H: Rowland) House Co-Sponsor: Bell Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/16/2010. House Status: Referred to House Employee Affairs Subcommittee.
EDUCATION
SB 1073 Barnes HB 0408 Pitts Public Chapter (PDF)	American history course requirement for higher education. Allows student to substitute 3-credit hour course in American government for three of the six semester or nine quarter hours of American history courses required for a baccalaureate degree from a public higher education institution. (S: Barnes; H: Pitts) Amendment: Senate amendment 2 removes the language "prior to July 1, 1975." Senate Status: Senate 04/16/2009 passed with amendment 2. House Status: House passed 04/30/2009. Other Status: Enacted as Public Chapter 0204 (effective 07/01/2009).
SB 3432 Tracy HB 3762 West	Civic classes to be taught in high school. Requires the course of instruction in all public schools on the high school level to contain courses and content to educate children in the United States government. (S: Tracy; H: West) Senate Co-Sponsor: Ketron Senate Status: Referred to Senate Education. House Status: House Education 03/17/2010 recommended. Sent to Calendar & Rules.
SB 3613 Kelsey HB 3623 Hardaway	Student loan repayment programs for certain nurses. Requires TSAC to develop, implement, and administer student loan repayment programs for nursing school graduates who perform community service work that falls within the scope of nursing or accept employment with the state that falls in the scope of nursing. (S: Kelsey; H: Hardaway) Senate Status: Referred to Senate General Welfare. House Status: House Government Operations deferred to 03/24/2010.
ENVIRONMENT & NATURE
SB 3011 Jackson HB 3314 Cobb T.	Use of private airstrips and land safety. Clarifies that a landowner, lessee, or occupant of land used for a private airstrip or related activities owes no duty of care neither to maintain the safety of the land for use by others, nor needs to post a warning concerning the dangers of the property. (S: Jackson; H: Cobb T.) House Co-Sponsor: Hensley Senate Status: Senate Judiciary deferred to 03/23/2010. House Status: House Civil Practice Subcommittee 03/17/2010 recommended with amendment. Sent to House Judiciary.
SB 3533 Overbey HB 3649 Stewart M.	Uniform Environmental Covenants Act. Stipulates the requirements to be found in an environmental covenant including rights and limitations. Creates a registry within the department of environment and conservation containing all environmental covenants and any amendment or termination of those covenants. (S: Overbey; H: Stewart M.) Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: Referred to House Judiciary Civil Practice Subcommittee.
ESTATES & TRUSTS
SB 2875 Haynes J. HB 3036 Dennis	Modifying of a will. Providing for the achievement of the testator's tax objectives, the terms of a will may be modified as long as it is not contrary to the testator's probable intention. Allows for retroactive effect. (S: Haynes J.; H: Dennis) House Co-Sponsor: Hardaway Senate Status: Senate passed 03/08/2010. House Status: House passed 03/01/2010. Other Status: Sent to governor 03/15/2010.
SB 3045 Overbey HB 3862 Coleman	Wills - federal estate & generation-skipping transfer tax. Requires that wills or trusts of decedents, who die after December 31, 2009, but before January 1, 2011, that reference certain exemptions must be construed as referring to the federal estate and generation-skipping transfer tax laws. (S: Overbey; H: Coleman) House Co-Sponsors: Fincher; McManus; Rich Amendment: Senate amendment 1 excludes certain wills and trusts from the general rule of construction, as established in the original bill, when personal representatives for the will or trust file written elections to opt out of the rule with the court clerks. Defines the term "qualified beneficiary". Senate Status: Senate 02/17/2010 passed with amendment 1. House Status: House 03/01/2010 passed. Other Status: Sent to governor 03/08/2010.
SB 3522 Overbey HB 3861 Coleman	Revises provisions regarding trust payments. Establishes additional income taxes concerning trusts by the trustee. Eases the conflict of interest rules between a trust representative and a beneficiary. Adds certain provisions affecting the applicability of a spendthrift clause in a trust. Allows trustee to purchase securities with certain loyalty provisions altered. Clarifies that the trustee is not personally liable for debts incurred through the trustee's fiduciary capacity, unless state law prohibits. Increases burden for proving trustee is at fault in certain situations. Prohibits the collection of beneficiary's trust in certain situations. Alters revocability of certain investment services trusts. Establishes the creation and procedures for the total return unitrust. (23 pp.) (S: Overbey; H: Coleman) Senate Co-Sponsor: Johnson J. House Co-Sponsors: Fincher; McManus; Rich Amendment: Senate amendment 1 rewrites the bill, corrects minor wording errors, changes definitions relating to the Tennessee Investment Services Act, alters timing rules regarding the Rule Against Perpetuities, and alters the creation and procedures for the total return unitrusts. Senate amendment 2 specifies that a creditor's remedies under the uniform fraudulent transfer act shall not be limited. House amendment 3 prevents trustees from purchasing certain business contracts, removes the requirement that transferor and transferee banks must be related when one bank transfers fiduciary accounts to the other, adds certain requirements regarding spendthrift provisions, and alters certain fiduciary duties when seeking compensation. Senate Status: Senate 02/22/2010 passed with amendments 1 and 2. House Status: House 03/15/2010 passed with amendment 3.
FAMILY LAW
SB 0050 Bunch HB 0398 Rowland	Rebuttable presumption for shared custody. Creates rebuttable presumption that equally shared parenting is in the best interest of the child. (S: Bunch; H: Rowland) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Domestic Relations Subcommittee 03/25/2009.
SB 0181 Jackson HB 0002 Hardaway	Equal and Fair Parenting Act. Creates a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. (S: Jackson; H: Hardaway) Senate Status: Taken off notice in Senate Judiciary 04/23/2009. House Status: Failed in House Domestic Relations Subcommittee 04/15/2009 on a vote of three to three. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with no comment.
SB 0266 Jackson HB 0025 Hardaway	Paternity testing for birth certificates. Requires paternity testing before a father can be listed on a birth certificate. Requires department of human services to pay the costs of the paternity tests for parties who are financially unable to pay. Broadly captioned. (S: Jackson; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Health Care Facilities Subcommittee 04/29/2009. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment.
SB 0581 Jackson HB 0033 Hardaway	Notice of termination of parental rights. Requires notice be given to a parent before the parent is considered to have willfully failed to support or visit a child for purposes of termination of parental rights. Requires certain additional information be in a petition to terminate parental rights or the adoption petition. (S: Jackson; H: Hardaway) Amendment: House Children & Family Affairs amendment 1 makes bill. Expands grounds for termination of parental rights in adoption when a parent fails to support or visit a child when the parent knows of an impending adoption. TN Judicial Council Comment: Leslie Barrett Kinkead, Court Improvement Coordinator, Administrative Office of the Courts explained that the Court Improvement Program (CIP) Work Group, a multidisciplinary statewide group appointed by the Supreme Court, had reviewed this bill originally in 2007 and again in 2009.The Judicial Council observed that current law requires notice of the consequences of failure to support or visit when the child is in custody of the Department of Children's Services or other agency but does not require notice in private party cases. Further, the council noted that the Middle Section Court of Appeals has addressed the issue of notice in the private party cases and determined it to be a factor in deciding whether the failure to support or visit is willful. In addition, the council questioned whether the intent of the bill is to delete the four (4) month period prior to the filing of the petition or incarceration of the parent. The Court Improvement Work Group may be able to offer suggestions to the sponsors of the bill. Senate Status: Referred to Senate Judiciary. House Status: House Children & Family Affairs deferred to 03/23/2010. Other Status: Bill was mistakenly placed on calendar for this meeting.
SB 0848 Black HB 0637 Maggart	Divorce - documentation of marital property. Requires parties in a divorce to file real estate disclosure, CLUE report, home inspection report copy and termite letter, and the written results of a title search with the court or with the mediator if the marital property includes any real property owned by one or both parties and used as primary residence by both parties during the marriage. Specifies that if the property will continue to be used as the primary residence of one of the parties, such party must provide evidence of ability to qualify to individually refinance or obtain loan on the property that releases the other party as a co-borrower. Makes applicable to any divorce petition filed on or after bill's effective date and to any pending divorce filed less than sixty days prior to such date. (S: Black; H: Maggart) House Co-Sponsor: Casada Amendment: House Children & Family Affairs amendment 1 rewrites the bill. Requires both parties in a divorce proceeding to submit a real estate disclosure form for review that is signed by both parties. Removes the fiscal note. Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: House Children & Family Affairs deferred to 2010 after adopting amendment 1.
SB 0854 Black HB 0320 Jones S.	De facto child custody. Allows a relative to petition the court to be declared a de facto custodian and seek temporary custody of a child who has lived with such relative for a period of 12 months if a parent or parents remove or threaten to remove child from relative's home. Specifies standards and procedures to be used by a court to determine if a person is a de facto custodian and to determine whether a de facto custodian should be awarded permanent custody or joint custody of a child. (S: Black; H: Jones S.) TN Judicial Council Comment: The Judicial Council noted that the standard set out for changing custody in the bill is the same as the standard adopted by the Supreme Court. The council expressed concerns about whether there may be a constitutional issue with the bill since it provides a third party with status substantially equal rights as to a parent. It also questioned whether the "de facto custodian" status is used in other states and if there would be any impact to someone who had been granted this status and moved to another state. Finally, the council noted that legal guardianships and permanent guardianships are not addressed in this legislation. Senate Status: Taken off notice in Senate Judiciary 03/25/2009. House Status: Referred to House Family Justice Subcommittee. Other Status: Tennessee Judicial Council reviewed 03/19/2009 with comment.
SB 1096 Stanley HB 0877 Hensley	No child support for equal parenting time. Prohibits a court from ordering either parent, regardless of income, to pay child support to the other parent if both parents have been awarded and are going to be exercising a substantially equal amount of parenting time with the child or children of the marriage according to joint custody arrangement. Allows either parent to be ordered to acquire health insurance for or to designate as beneficiary of life insurance policy such child or children. Allows either parent to claim the child or children as dependent for tax deduction purposes. (S: Stanley; H: Hensley) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Taken off notice in House Family Justice Subcommittee 04/28/2009.
SB 1111 Overbey HB 1207 Montgomery	Disabled parents - money allocated to child support. Requires the court to subtract from the obligor's financial child support responsibility any amount the child receives as a result of the obligor's disability when calculating amounts of child support. Specifies that these payments include but are not limited to supplemental security income payments, state supplemental payments, and social security disability insurance payments. Clarifies that a maximum of four percent can be taken from the disabled obligor's social security insurance payments. (S: Overbey; H: Montgomery) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Family Justice Subcommittee 04/07/2009.
SB 1252 Bunch HB 1133 Hardaway	Changing of custodial arrangements in child custody. Prohibits an order of protection of restraining order against a custodial parent by the noncustodial parent from constituting grounds for altering the custodial agreement unless the court finds the child is the victim of child abuse or the effects of domestic violence. (S: Bunch; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: House Domestic Relations Subcommittee deferred to 03/23/2010.
SB 1254 Bunch HB 1134 Hardaway	Divorce - peremptory challenge against assigned judge. Allows a defendant appearing and answering in court in a divorce case to challenge judge hearing the case without assigning cause as a peremptory challenge in the same way a party to a civil action may challenge four jurors without assigning cause. Broadly captioned. (S: Bunch; H: Hardaway) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that this legislation would create significant issues in some judicial districts. One judicial district has one judge who serves both circuit and chancery courts, while another judicial district has only two judges. The legislation does not treat parties equally, only providing a peremptory challenge to a defendant in a divorce action. The legislation does not address when during a case the challenge may be made. Further, the judicial council observed that in some instances, the presiding judge making the assignment of the case may be the judge who was stricken by peremptory challenge. In addition, the council expressed concern that the term "judge hearing the case" may require additional definition, as its application to referees or judges who may be designated to hear only certain stages of cases is unclear. Members of the council observed that this legislation could set an undesirable precedent, as other areas of the law do not permit the striking of a judge from hearing the case without cause. This legislation could open the door to judges who are perceived as being tough being routinely removed from cases. Finally, the council expressed concern that this legislation could have a significant impact on county governments, as some general sessions courts have domestic relations jurisdiction, and some of those counties with such jurisdiction may only have one general sessions judge. Therefore, the county would bear the expense of bringing another designated judge in to hear any matter from which the general sessions judge was stricken by peremptory challenge. Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Family Justice Subcommittee 03/16/2010. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 1255 Bunch HB 0803 Campfield	Fees over $500 - child support payments. Requires that any fees more than $500 collected for child support payments must be paid by the obligor parent and by the recipient of such child support payments. (S: Bunch; H: Campfield) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Family Justice Subcommittee.
SB 1257 Bunch HB 0802 Campfield	Presumption shared custody is in best interest of child. Creates rebuttable presumption that equally shared parenting is in the child's best interest. Current law renders the court the widest discretion to order a custody arrangement in the child's best interest, with neither an established preference nor presumption. (S: Bunch; H: Campfield) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Domestic Relations Subcommittee 03/25/2009.
SB 1264 Bunch HB 1130 Hardaway	Contempt charge for false accusations of sexual abuse. Requires trial court, relative to divorce and annulment proceedings, to hold in criminal contempt of court any person who knowingly makes false accusation of sexual abuse in furtherance of litigation. Requires the court to order the false accuser to pay other party's litigation costs for defense against such false allegations. Broadly captioned. (S: Bunch; H: Hardaway) Amendment: House Judiciary Committee amendment 1 changes the enactment date to July 1, 2010, and gives courts discretion in punishing such conduct, including civil or criminal contempt in addition to other charges. Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the language is unclear as to the process for finding a person in contempt upon a finding that one makes a "knowing" false accusation of sexual abuse in furtherance of litigation. The language appears to require a finding of contempt, which circumvents due process considerations that require specific notice, a separate hearing, the potentially appointed counsel. Further, there may be ethical considerations associated with assessing court costs or finding of contempt where the person making an accusation may be a child. Finally, the definition of sexual abuse that is applicable to this provision is unclear, which may make actions that do not constitute sexual abuse under criminal statute definitions subject to criminal contempt under the provision of the proposed legislation. Senate Status: Referred to Senate Judiciary. House Status: House Judiciary 03/16/2010 recommended with amendment 1, which changes the enactment date to July 1, 2010, and gives courts discretion in punishing such conduct, including civil or criminal contempt in addition to other charges. Sent to House Calendar & Rules. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 1265 Bunch HB 1131 Hardaway	Visitation agreements - petition for expedited hearing. Allows either party to a visitation agreement to file a petition for an expedited hearing pursuant to provisions governing expedited hearings for support. Reduces to three months from six months the period within which a parent who has intentionally interfered on more than two occasions with a court-ordered visitation schedule will be considered not in compliance. (S: Bunch; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: House Domestic Relations Subcommittee deferred to 03/23/2010.
SB 1266 Bunch HB 1132 Hardaway	Selecting provider of supervision services. Specifies that if the court orders supervised child visitation, the parent or guardian who pays for providing supervision, has the right to select the provider of supervision services. (S: Bunch; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: House Domestic Relations Subcommittee deferred to 03/23/2010.
SB 1534 Burchett HB 1258 Tindell	Tennessee Second Look Commission. Creates the Tennessee second look commission to ascertain errors, develop solutions, and identify procedures in the following types of court cases: juvenile court cases in which DCS filed a petition alleging a child is dependent, neglected, and has been subjected to sexual abuse; and criminal or juvenile cases involving sexual abuse. Authorizes the commission to promulgate regulations, request information from other departments, and hold hearings. Requires the commission to report to various committees in the general assembly and the governor regarding the development of protocol by February 1, 2010. Specifies the commission will be chaired by the commissioner of the department of children's services and the director of the administrative office of the courts, or either of their designees. (S: Burchett; H: Tindell) Senate Co-Sponsor: Finney L. House Co-Sponsor: Montgomery Amendment: House Judiciary amendment 1 makes the bill. Creates the Tennessee Second Look Commission to review cases and procedures related to child sexual abuse. Attaches the commission to the AOC and requires the it to review cases from the initial report of alleged abuse to a finding or criminal conviction of abuse. Requires the commission to meet at least quarterly with the first taking place no later than October 1, 2009. Provides that the executive director of Tennessee's chapter on Children's Advocacy Center's will be reimbursed for travel and per diem expenses but the 15 non-legislative members will not. Requires the commission to submit a report regarding the development of protocol for the collection of data by February 10, 2010 and a report regarding its findings and recommendations no later than January 1, 2011, and each January thereafter to the following: the governor, the Senate and House Judiciary Committees, the Senate General Welfare, Health and Human Resources Committee, the House Children and Family Affairs Committee, and the Select Committee on Children and Youth. House Judiciary amendment 2 adds the director of the select committee on children and youth to the list of members of the TN Second Look Commission. Senate Status: Taken off notice in Senate Finance, Ways & Means 06/18/2009. House Status: House Finance Budget Subcommittee 06/10/2009 referred to House Judiciary for inclusion on its summer study calendar. Other Status: TN Judicial Council reviewed 03/19/2009 with comment.
SB 1662 Finney L. HB 0322 Jones S.	Parental alienation of affections. Abolishes the common law tort of parental alienation. Prohibits claim of parental alienation by the parent who has been found to be the perpetrator of child abuse or child sexual abuse from being a factor to consider in child custody determinations. Specifies that evidence of parental alienation syndrome should not be considered a relevant factor considered by the court when determining custody of child. (S: Finney L.; H: Jones S.) House Co-Sponsors: Sontany; Richardson; Pruitt; Brown; Favors Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the legislation would eliminate a common law tort, parental alienation of affection, that members of the commission were uncertain existed. Further, the council noted that current law requires the courts to consider the parents' willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents as a factor in custody determination. The bill, though defining "parental alienation" and "parental alienation syndrome" separately, may use "parental alienation" in places where "parental alienation syndrome" is intended, creating confusion. Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Domestic Relations Subcommittee 04/22/2009. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment.
SB 1721 Bunch HB 0027 Hardaway	Penalty for false reporting of abuse. Increases from Class E to Class D felony the penalty for knowingly making a false report of child abuse if at the time of the report the defendant is a party in a custody determination, if the custody determination involves the person against whom the report is made, or the report is made for the purpose of delay or to gain advantage in custody determination. (S: Bunch; H: Hardaway) Amendment: House Judiciary amendment 1 increases the penalty for knowingly making a false report of child abuse or neglect from a Class E to a Class D felony if the person making the false report is a party to a custody or visitation determination and the person against whom the complaint is made is involved in the determination. Deletes from the false reporting offense the provisions that the person has no information relating to the report or the information relating to the report is false. Senate Status: Senate Judiciary deferred to 05/19/2009. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar.
SB 1722 Bunch HB 0005 Hardaway	Date for termination of current child support obligation. Requires the court to set a specific amount of support that is due each month and can be paid in one or more payments. Specifies that the court must establish a presumptive date for termination of the current child support obligation except fees accrued for late payments, genetic testing, or court fees. Stipulates presumptive termination date is the child's eighteenth birthday or the date such child graduates from high school, whichever is later. Provides method by which the date may be challenged up to six months from the presumptive termination date. Clarifies any fees incurred due to delinquent payments are the responsibility of the person legally obligated to pay support and must be remitted within six months. (S: Bunch; H: Hardaway) Amendment: House Children & Family Affairs amendment 1 rewrites the bill. Requires the court to set a specific amount of support that is due each month and can be paid in one or more payments. Specifies that the court may establish and include in the child support order a presumptive date for termination of the current child support obligation, provided that the termination date does not end obligation to pay arrears, medical support or other due fees, to support a disabled child as specified in law, or to comply with a court order requiring support for a child through college. Requires the presumptive date to be the 18th birthday of the youngest child included in the order or the date such child graduates from high school, whichever is later. Specifies that the presumptive date may be modified under changed circumstances and sets forth such process (Removes 6-month time frame in original bill). Specifies that unless the court orders other means, if an arrearage for child support, genetic testing fees or court costs exists at the time an order would presumptively terminate, any then existing arrangement shall continue until all such costs are satisfied. Senate Status: Taken off notice in Senate Judiciary 05/27/2009. House Status: House Children & Family Affairs deferred to 03/23/2010.
SB 2152 Marrero HB 2183 Rowland	Removes guardian ad litem from divorce proceedings. Removes guardians ad litem from divorce and parenting plan proceedings. Broadly captioned. (S: Marrero; H: Rowland) Senate Status: Referred to Senate Judiciary. House Status: Caption bill held on House clerk's desk.
SB 2213 Ford O. HB 0677 Cooper B.	Avin and Preston Law - court-ordered supervised visitation. Requires the court, in all cases of court-ordered supervised visitation, to demonstrate that unsupervised visits could do irreparable harm to the child. Prohibits a parent from being suspended from visitation due to inability to pay for a specified visit. Sets forth payment guidelines for such supervisor. Sets maximum cost for a necessary facility for such visitation at $40/hour. (S: Ford O.; H: Cooper B.) House Co-Sponsors: DeBerry J.; Jones U.; Turner M.; Hardaway; Pruitt Amendment: House Children & Family Affairs amendment 1 corrects a minor technical flaw by adding the word "interests" when referring to the best interests of a child. Senate Status: Senate Judiciary deferred to 05/12/2009. House Status: Taken off notice in House Children & Family Affairs 03/02/2010.
SB 2832 Berke HB 2778 Hackworth	Family members intervention when adult abused or neglected. Establishes that family members may obtain court orders to intervene when a relative adult is being intentionally abused, neglected, or exploited. Allows the court to grant the motion and order a number of certain actions, including an order of protection. Authorizes an order of protection violation to be a Class A misdemeanor. (S: Berke; H: Hackworth) House Co-Sponsors: Maggart; Bass; Hawk; Shepard; Fincher; Stewart M.; Hardaway; Brooks, Kevin; Weaver; Montgomery; Swafford; Towns; Halford; Hensley; Lundberg; Shipley; Yokley; Favors; Brown; Dean; Ferguson; Cobb T.; Casada; Gilmore; McCormick; Ford D.; Johnson P.; Brooks, Harry; Cooper B.; White M.; Coley; Moore; Lollar; Sontany; Bone; Coleman; Evans; Carr; Barker; Williams K.; DeBerry L.; Fitzhugh; Richardson; McManus; Sargent; Eldridge; Fraley; Naifeh; Turner J.; Jones U.; Turner M. Amendment: House amendment 1 excludes persons with mental retardation in custody of intermediate care facilities and persons receiving services from a provider of the Division of Intellectual Disability Services. Senate Status: Referred to Senate Judiciary. House Status: House 02/22/2010 passed with amendment 1.
SB 2881 Bunch HB 2916 Bell	Equal parenting time. Requires the court, at any hearing to determine custody of a minor child, to order that the child get equal time with each of the child's parents unless the court finds by clear and convincing evidence that one or both of the parents are unfit to care for the child. Authorizes a court to direct that an investigation be conducted for the purpose of assisting the court in making a custody determination when a parent has been proven to be unfit. (S: Bunch; H: Bell) Senate Co-Sponsor: Ketron House Co-Sponsors: Campfield; Hardaway Senate Status: Referred to Senate Judiciary. House Status: House Family Justice Subcommittee deferred to 03/23/2010.
SB 3065 Woodson HB 2995 DeBerry J.	Uniform Child Abduction Prevention Act. Enacts the "Uniform Child Abduction Prevention Act." Authorizes a court on its own motion, or by petition of a party to the proceedings, to order abduction prevention measures, including taking temporary custody of the child, in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. Establishes certain factors to be considered to be examined in determining whether there is a credible risk of abduction. (S: Woodson; H: DeBerry J.) Senate Co-Sponsor: Ketron Senate Status: Referred to Senate Judiciary. House Status: House Domestic Relations Subcommittee 03/16/2010 recommended. Referred to House Children & Family Affairs.
SB 3237 Tate HB 2499 Hardaway	Notification from parent of intent to relocate. Requires a parent desiring to relocate more than 100 miles outside of the state or from the other parent to notify the other parent of the move no later than 90 days, instead of the previous 60 days required before the move. (S: Tate; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Family Justice Subcommittee 03/16/2010.
SB 3443 Tate HB 2442 Hardaway	Equally and Fair Parenting Act. Enacts the "Equal and Fair Parenting Act". Creates a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. Establishes that a preponderance of the evidence is required to overcome this presumption. (S: Tate; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: House Domestic Relations Subcommittee deferred to 03/23/2010.
SB 3444 Tate HB 2443 Hardaway	Change in physical custody of child at school. Requires a school official to verify identity of person seeking physical custody of a child at school or day care when presented with such person's certified copy of a valid court order before releasing the child to his or her custody. (S: Tate; H: Hardaway) Senate Status: Referred to Senate Judiciary. House Status: House Children & Family Affairs 03/16/2010 recommended. Sent to House Calendar & Rules.
SB 3532 Overbey HB 3650 Stewart M.	Uniform Child Abduction Prevention Act. Establishes a uniform judicial procedure for instituting child abduction prevention orders, which includes the factors that a judge may take into account and the restrictions on the child and custody or visitation conditions found within the abduction protection order. Allows the court to issue a warrant to take physical custody of the child if it is deemed that the child is imminently likely to be wrongfully removed. (13 pp.) (S: Overbey; H: Stewart M.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Domestic Relations Subcommittee.
HB 0020 Hardaway	Noncustodial parent advocacy pilot program. Requires the administrative office of the courts to establish and implement the office of noncustodial parent advocacy pilot project in all courts exercising juvenile court jurisdiction in at least one county within each of the state's three grand divisions. Specifies this office will aid unwed noncustodial parents in obtaining visitation rights to their children. Requires the AOC to report the findings of the project to the house judiciary committee before February 15 of each year beginning in 2010. Broadly captioned. (H: Hardaway) House Status: Taken off notice in House Domestic Relations Subcommittee 03/16/2010.
GOVERNMENT ORGANIZATION
SB 0161 Ketron HB 0507 Todd	Abolishes the TN Ethics Commission. Abolishes the Tennessee ethics commission and transfers the powers and duties of the Tennessee ethics commission to the registry of election finance. Renames the registry of election finance as the commission of ethics and election finance. (S: Ketron; H: Todd) Senate Status: Taken off notice in Senate State & Local Government 05/12/2009. House Status: Taken off notice in House State Government Subcommittee 05/06/2009.
SB 0165 Ketron HB 0504 Todd	Creates commission of ethics and election finance. Combines the registry of election finance and the Tennessee ethics commission into the commission of ethics and election finance. Revises references to each entity in code to reflect this change. (S: Ketron; H: Todd) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice in House State Government Subcommittee 05/06/2009.
SB 0374 Johnson J. HB 1016 Lynn	Sunset - judicial council. Sunsets the judicial council on June 30, 2017. (S: Johnson J.; H: Lynn) House Co-Sponsors: Kernell; Cobb J. Senate Status: Referred to Senate Government Operations. House Status: House passed 03/15/2010.
SB 0478 Bunch HB 0563 Kelsey	Holding of judicial office by ethics commission members. Allows members of the ethics commission to hold or qualify for judicial office with no waiting period after member's position is vacated on the commission. (S: Bunch; H: Kelsey) Senate Status: Referred to Senate State & Local Government. House Status: Failed in House State & Local Government 03/31/2009.
SB 2471 Watson B. HB 2456 Lynn	Extends advisory council on workers' compensation. Extends advisory council on workers' compensation to June 30, 2010. (S: Watson B.; H: Lynn) Senate Co-Sponsor: Johnson J. Senate Status: Referred to Senate Government Operations. House Status: House Government Operations deferred to 03/24/2010.
SB 3181 Watson B. HB 3291 Lynn	Sunset - TN court of the judiciary. Sunsets the Tennessee court of the judiciary on June 30, 2011. (S: Watson B.; H: Lynn) Senate Co-Sponsor: Ketron Amendment: House amendment 1 extends the TN court of the judiciary to June 30, 2012. Senate Status: Referred to Senate Government Operations. House Status: House 03/18/2010 passed with amendment 1, which extends the TN court of the judiciary to June 30, 2012.
GOVERNMENT REGULATION
SB 2477 Watson B. HB 2449 Lynn	UAPA - individuals petitioning for changing a regulation. Increases, from five to 10, the number of persons required to petition agency for adoption or repeal of regulation. (S: Watson B.; H: Lynn) Senate Co-Sponsor: Johnson J. Senate Status: Referred to Senate Government Operations. House Status: Caption bill held on House clerk's desk.
HEALTH CARE
SB 2495 Overbey HB 2561 Richardson	Durable power of attorney requirements revised. Requires the chief officer of a hospital or other residential service facility to provide notice of admission to a recipient's attorney-in-fact acting under a durable power of attorney for health care. Prohibits a treatment review committee from overriding a decision made by the attorney-in-fact. (S: Overbey; H: Richardson) Senate Status: Referred to Senate General Welfare. House Status: Referred to House Health Care Facilities Subcommittee.
INSURANCE AUTOMOBILES
SB 2399 Watson B. HB 2838 Floyd	Requiring uninsured motorist coverage for all auto policies. Requires insured motorists to include in their insurance policies to have uninsured motorist coverage. (S: Watson B.; H: Floyd) Senate Status: Withdrawn in Senate 02/18/2010. House Status: Withdrawn in House 02/11/2010.
JUDICIARY
SB 0051 Bunch HB 0428 Bell	Meetings of judicial selection commission on vacancies. Requires meetings of judicial selection commission regarding judicial vacancies to be held in public. (S: Bunch; H: Bell) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the legislature should adopt some method of judicial selection and retention, so as not to place the judicial system, its litigants and citizens in general at a disadvantage in providing and obtaining justice. Adopting no method of judicial selection and retention would leave the judicial system with no method of filling vacancies on either the appellate court or trial court level. The council encouraged the consideration of the time of extension of the sunset deadlines with regard to the relationship between the sunset date and the date of elections. The termination of either or both of these entities on June 30 in the year immediately prior to a year in which regular August elections are held would create uncertainty about what system of selection would govern that upcoming election. Any method of judicial selection and retention adopted should contain a provision for selection based upon a process of evaluating the merit of applicants to fill a vacancy and that yes-no retention elections be retained for appellate court judges. There does not appear to be a reason to require that election by yes-no retention be accomplished by anything other than a traditional majority vote. The council did question the complications associated with legislation that would require the election of Supreme Court justices by judicial district upon creation of five newly established judicial districts. Such election may cause conflict with constitutional provisions concerning the geographical representation on the state supreme court. The requirements proposed in some legislation with regard to senate confirmation of gubernatorial appointments could cause substantial delay in the filling of vacancies which occur while the legislature is not in session. The council recognized that the majority of criticism of the current provisions of the Tennessee Plan is directed toward the makeup of the Judicial Selection Commission and the process by which members are selected for the commission. While there is no consensus on the Judicial Council concerning the most appropriate makeup of the commission and the process by which members are appointed to the commission, the council noted that allowing for nominations to the commission by party caucus injects politics into a process despite the stated intent to make the courts "nonpolitical." Further, the council agreed that any provision concerning the makeup of any commission make clear statements concerning the goal of diversity on the commission with regard to ethnicity, gender and the geographical grand divisions of the state. Senate Status: Referred to Senate Judiciary. House Status: Withdrawn in House 01/27/2010. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 0061 Bunch HB 0426 Bell	Meetings of judicial selection commission on vacancies. Requires meetings of judicial selection commission regarding judicial vacancies to be held in public. (S: Bunch; H: Bell) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the legislature should adopt some method of judicial selection and retention, so as not to place the judicial system, its litigants and citizens in general at a disadvantage in providing and obtaining justice. Adopting no method of judicial selection and retention would leave the judicial system with no method of filling vacancies on either the appellate court or trial court level. The council encouraged the consideration of the time of extension of the sunset deadlines with regard to the relationship between the sunset date and the date of elections. The termination of either or both of these entities on June 30 in the year immediately prior to a year in which regular August elections are held would create uncertainty about what system of selection would govern that upcoming election. Any method of judicial selection and retention adopted should contain a provision for selection based upon a process of evaluating the merit of applicants to fill a vacancy and that yes-no retention elections be retained for appellate court judges. There does not appear to be a reason to require that election by yes-no retention be accomplished by anything other than a traditional majority vote. The council did question the complications associated with legislation that would require the election of Supreme Court justices by judicial district upon creation of five newly established judicial districts. Such election may cause conflict with constitutional provisions concerning the geographical representation on the state supreme court. The requirements proposed in some legislation with regard to senate confirmation of gubernatorial appointments could cause substantial delay in the filling of vacancies which occur while the legislature is not in session. The council recognized that the majority of criticism of the current provisions of the Tennessee Plan is directed toward the makeup of the Judicial Selection Commission and the process by which members are selected for the commission. While there is no consensus on the Judicial Council concerning the most appropriate makeup of the commission and the process by which members are appointed to the commission, the council noted that allowing for nominations to the commission by party caucus injects politics into a process despite the stated intent to make the courts "nonpolitical." Further, the council agreed that any provision concerning the makeup of any commission make clear statements concerning the goal of diversity on the commission with regard to ethnicity, gender and the geographical grand divisions of the state. Senate Status: Referred to Senate Judiciary. House Status: Withdrawn in House 01/27/2010. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 0062 Bunch HB 0318 Kelsey	Judicial districts based on population rather than caseload. Requires judicial council to submit a plan, by January 1, 2010, to the general assembly to reconstitute the existing judicial districts based on population so that each district consists of substantially equal population. Requires general assembly to make future determinations regarding reallocation of judicial positions exclusively based on population. (S: Bunch; H: Kelsey) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 0068 Bunch HB 0258 Watson E.	Knox County - exemption from jury service reform act. Exempts Knox County from jury service reform act that took effect January 1, 2009. Specifies that law in effect prior to such date governs juries and jury panels in Knox County. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 0426 Bunch HB 0600 Kelsey	General assembly to redistrict the judicial districts. Requires the general assembly to redistrict the judicial districts by November 1, 2010, and every ten years thereafter, to reflect the growth and shifts in population. (S: Bunch; H: Kelsey) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that each judicial district currently has different numbers of judges. Current judicial districts were designated based upon a number of factors, one of which is population, though population is not the primary factor of consideration. Establishing judicial districts based solely on population would eliminate a number of existing judgeships and require the need to create judgeships in other areas of the state. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee. Other Status: Tennessee Judicial Council 04/02/2009 reviewed the bill with no comment.
SB 0518 McNally HB 1700 Watson E.	Exclusionary Rule Reform Act. Enacts the "Exclusionary Rule Reform Act." States that any evidence that is obtained as a result of a search or seizure will not be excluded in a proceeding in a state court on the ground the search or seizure was in violation of the 4th amendment to the Constitution of the United States when the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the 4th Amendment. (S: McNally; H: Watson E.) Amendment: Senate amendment 1, House Judiciary amendment 1 removes the provision whereby the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Senate amendment 5, House Judiciary amendment 2 deletes the language that specifies the bill cannot be construed to require or authorize the exclusion of evidence in any proceeding. TN Judicial Council Comment: The Judicial Council believes that it would be more appropriate for this evidentiary issue to be considered by the Advisory Commission on the Rules of Practice and Procedure. Moreover, the sponsor may wish to consider whether a reference to the Constitution of the United States is adequate to accomplish the purpose of the bill, or if a reference to Tennessee's Constitution is necessary. Senate Status: Senate 05/18/2009 passed with amendments 1 and 5. House Status: Failed in House Judiciary 05/19/2009 after adopting amendments 1 & 2. Other Status: Tennessee Judicial Council reviewed 03/19/2009 with comment.
SB 0838 McNally HB 1402 Fitzhugh	Creates additional district attorney general positions. Creates 12 additional assistant district attorney general positions by October 1, 2009. (S: McNally; H: Fitzhugh) House Co-Sponsors: Coleman; Bass; Fincher; Sontany; Lundberg; Watson E.; Dennis Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee.
SB 1132 Norris HB 0554 Kelsey	Creates new district attorney positions. Creates 64 new assistant district attorney positions effective October 1, 2009. Requires the district attorneys general conference, in consultation with the comptroller, to recommend to the general assembly where additional assistant district attorneys should be placed. (S: Norris; H: Kelsey) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee.
SB 1525 Burchett HB 1528 Brooks, Harry	Private Process Servers Regulatory Act of 2009. Enacts the Private Process Servers Regulatory Act of 2009, relative to the regulation of process servers. Establishes rules for certification by the department of commerce and insurance, including training requirements and liability insurance coverage. (S: Burchett; H: Brooks, Harry) TN Judicial Council Comment: The Judicial Council observed that clerks of court have expressed concern over the documentation that is required to be filed with their offices being more than is necessary. As written, the requirements would increase the workload of court clerks unnecessarily. In addition, the bill may not address other authority under which a person may serve process, such as constable laws. Senate Status: Senate Judiciary deferred to 04/29/2009. House Status: Failed in House Civil Practice Subcommittee 04/28/2009. Other Status: TN Judicial Council reviewed 03/19/2009 with comment.
SB 1870 Kyle HB 2079 Stewart M.	Judges required to be licensed to practice law. Establishes that judges of the court of appeals and court of criminal appeals must be licensed to practice law in Tennessee for at least five years prior to qualification for election. (S: Kyle; H: Stewart M.) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the legislature should adopt some method of judicial selection and retention, so as not to place the judicial system, its litigants and citizens in general at a disadvantage in providing and obtaining justice. Adopting no method of judicial selection and retention would leave the judicial system with no method of filling vacancies on either the appellate court or trial court level. The council encouraged the consideration of the time of extension of the sunset deadlines with regard to the relationship between the sunset date and the date of elections. The termination of either or both of these entities on June 30 in the year immediately prior to a year in which regular August elections are held would create uncertainty about what system of selection would govern that upcoming election. Any method of judicial selection and retention adopted should contain a provision for selection based upon a process of evaluating the merit of applicants to fill a vacancy and that yes-no retention elections be retained for appellate court judges. There does not appear to be a reason to require that election by yes-no retention be accomplished by anything other than a traditional majority vote. The council did question the complications associated with legislation that would require the election of Supreme Court justices by judicial district upon creation of five newly established judicial districts. Such election may cause conflict with constitutional provisions concerning the geographical representation on the state supreme court. The requirements proposed in some legislation with regard to senate confirmation of gubernatorial appointments could cause substantial delay in the filling of vacancies which occur while the legislature is not in session. The council recognized that the majority of criticism of the current provisions of the Tennessee Plan is directed toward the makeup of the Judicial Selection Commission and the process by which members are selected for the commission. While there is no consensus on the Judicial Council concerning the most appropriate makeup of the commission and the process by which members are appointed to the commission, the council noted that allowing for nominations to the commission by party caucus injects politics into a process despite the stated intent to make the courts "nonpolitical." Further, the council agreed that any provision concerning the makeup of any commission make clear statements concerning the goal of diversity on the commission with regard to ethnicity, gender and the geographical grand divisions of the state. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 2197 Marrero HB 2340 Jones S.	Laws enacted prior to a supreme court rule. Clarifies that laws enacted prior to the effective date of a supreme court rule are of no further force if in conflict with such rule. (S: Marrero; H: Jones S.) TN Judicial Council Comment: The Judicial Council commented that this bill may reflect the current state of the law. Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Civil Practice Subcommittee 05/05/2009. Other Status: TN Judicial Council reviewed 03/19/2009 with comment.
SB 2306 Kyle HB 2315 Coleman	Meetings of judicial selection commission, vacancies. Requires meetings of the judicial selection commission to be open to the public. Requires governor to select candidate to fill vacant judgeship from first or second panel submitted by the judicial selection commission (Part of Administration Package). (S: Kyle; H: Coleman) House Co-Sponsor: Turner M. Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that the legislature should adopt some method of judicial selection and retention, so as not to place the judicial system, its litigants and citizens in general at a disadvantage in providing and obtaining justice. Adopting no method of judicial selection and retention would leave the judicial system with no method of filling vacancies on either the appellate court or trial court level. The council encouraged the consideration of the time of extension of the sunset deadlines with regard to the relationship between the sunset date and the date of elections. The termination of either or both of these entities on June 30 in the year immediately prior to a year in which regular August elections are held would create uncertainty about what system of selection would govern that upcoming election. Any method of judicial selection and retention adopted should contain a provision for selection based upon a process of evaluating the merit of applicants to fill a vacancy and that yes-no retention elections be retained for appellate court judges. There does not appear to be a reason to require that election by yes-no retention be accomplished by anything other than a traditional majority vote. The council did question the complications associated with legislation that would require the election of Supreme Court justices by judicial district upon creation of five newly established judicial districts. Such election may cause conflict with constitutional provisions concerning the geographical representation on the state supreme court. The requirements proposed in some legislation with regard to senate confirmation of gubernatorial appointments could cause substantial delay in the filling of vacancies which occur while the legislature is not in session. The council recognized that the majority of criticism of the current provisions of the Tennessee Plan is directed toward the makeup of the Judicial Selection Commission and the process by which members are selected for the commission. While there is no consensus on the Judicial Council concerning the most appropriate makeup of the commission and the process by which members are appointed to the commission, the council noted that allowing for nominations to the commission by party caucus injects politics into a process despite the stated intent to make the courts "nonpolitical." Further, the council agreed that any provision concerning the makeup of any commission make clear statements concerning the goal of diversity on the commission with regard to ethnicity, gender and the geographical grand divisions of the state. Senate Status: Senate Government Operations deferred to 05/13/2009. House Status: Taken off notice in House Civil Practice Subcommittee 05/06/2009. Other Status: Tennessee Judicial Council reviewed 04/02/2009 with comment.
SB 2613 McNally HB 2576 Turner M. Public Chapter (PDF)	Testimonial privilege: crisis intervention discussions. Clarifies that any stress management team members or persons participating in a crisis intervention can claim a testimonial privilege if the discussion indicated past or present child abuse, child neglect, or other forms of abuse defined by other laws. (S: McNally; H: Turner M.) Senate Co-Sponsors: Ketron; Marrero House Co-Sponsors: Moore; Hardaway Senate Status: Senate passed 02/08/2010. House Status: House passed 02/22/2010. Other Status: Enacted as Public Chapter 0618 (effective 03/02/2010).
SB 2628 Faulk HB 2791 Harrison	Proper process: evading defendants. Establishes that a plaintiff may serve proper process upon an evading defendant by delivering a copy of the writ, warrant, and all other court-filed papers to a person of suitable age and discretion at the defendant's place of business or by posting a copy of the required information at the defendant's last known address. (S: Faulk; H: Harrison) Judicial Council Comment: The Judicial Council noted that identifying an alternate method of service of process that would pass constitutional muster is a goal that would be beneficial to the court system. They expressed concern about the potential for abuse of the process outlined in the legislation because of the transiency of persons who may become defendants in cases where addresses of licensed drivers are not updated with the Department of Safety. This concern may be exacerbated should the currently pending proposal be adopted to increase the period of time before a driver's license renewal is required. The council further expressed that a rebuttable presumption may be preferable to the estoppels established in subsection (d). Members of the council questioned the judicial economy of requiring an evaluation of the validity of service where the result may be ordering the issuance of an alias summons, the service of which may also be required to be evaluated on the validity of service. Finally, the council observed that in general, service of process is sought to be more personalized and less constructive, while the legislation authorizes constructive service. Senate Status: Senate Judiciary deferred to 03/09/2010. House Status: Taken off notice in House Government Operations 03/03/2010. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
SB 2671 Marrero HB 2751 Coley	General sessions judicial appointments: referees. Authorizes judge of Division X of general sessions court to appoint referees with equivalent judicial powers. (S: Marrero; H: Coley) Judicial Council Comment: The Judicial Council observed that this legislation may circumvent laws that require that a general sessions judge be elected. Further, recent legislation deleted references to the term "referee," changing the references to "magistrate." The authority provided to the magistrate created in this legislation is equal to that which is afforded the general sessions judge, while the method of review of decisions of the magistrate is inconsistent with the review procedures established for similarly situated judicial officials. They noted that current law contains a method by which high volume or backlogged caseloads may be alleviated without creating a new position. They noted that the language of subsection (f) is so broad, that it could result in harm to the organization, jurisdiction, authority and potentially the existence of the Division X court. They also pointed out the incorrect statutory reference to "Tennessee Code Annotated Section 16-15-50." The correct statutory reference should be "Tennessee Code Annotated Section 16-15-5014. Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee deferred to 03/24/2010. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
SB 2817 Kelsey HB 3651 Stewart M.	Uniform Unsworn Foreign Declarations Act. Creates a uniform unsworn declaration for those physically located outside the jurisdiction of the United States. Excludes under oath instances. (S: Kelsey; H: Stewart M.) Senate Status: Senate Judiciary deferred to 03/23/2010. House Status: House Civil Practice Subcommittee deferred to 03/24/2010.
SB 2905 McNally HB 2983 Mumpower	Court of the judiciary to deliberate in public. Requires court of the judiciary to deliberate in public. (S: McNally; H: Mumpower) Judicial Council Comment: The Judicial Council noted that this bill is broadly captioned; therefore the comment is based on the legislation as written. The Council expressed concern that removing the anonymity of a person who files a complaint against a judge might deter the filing of complaints with the Court of Judiciary. Further, the council observed that deliberations by a jury, which are similar to those deliberations described in the legislation, are not open to the public. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
SB 2966 Beavers HB 2690 Coleman	Indigent criminal defendant: collected proceeds go to court. Requires the court clerk to pay any money collected from an indigent criminal defendant to the Administrative Office of Courts, instead of paying directly to the attorney of record. (S: Beavers; H: Coleman) Amendment: House amendment 1 requires that if a defendant is ordered to pay some or all of his or her representation and the Administrative Office of the Courts receives funds paid pursuant to existing law that are greater than the total amount the appointed counsel has been reimbursed, then any excess funds must be paid to the appointed attorney. Judicial Council Comment: The Judicial Council noted that the procedure outlined in the legislation is a better accounting practice with regard to the payment of appointed private counsel for indigent defendants. The Council further clarified that the legislation does not affect monies that are similarly submitted to the District Public Defenders Conference where the Public Defender, rather than private counsel, is appointed to represent an indigent defendant. Senate Status: Senate Judiciary deferred to 03/23/2010. House Status: House 03/08/2010 passed with amendment 1. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
SB 3059 Woodson HB 3380 Sontany	Election to void depositions. Specifies that an election to void a deposition that was given in front of certain excluded parties must be made within a year of the deposition. (S: Woodson; H: Sontany) Judicial Council comment: It was reported to the Judicial Council that this bill is a caption bill. Therefore, the Council offered no comment. Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee deferred to 03/31/2010. Other Status: Tennessee Judicial Council 03/04/2010 reviewed the bill with no comment.
SB 3110 Marrero HB 3385 Sontany	Revises provisions of TN Court Reporter Act of 2009. Revises various provisions of the Tennessee Court Reporter Act of 2009. Clarifies that licensed court reporters are not required to be notary publics to record any court proceeding, administrative law proceeding, deposition or any other proceeding. Delays the implementation of the section of the Tennessee Court Reporter Act of 2009 that penalizes individuals for practicing as a court reporter without a license to January 1, 2011. Extends the grandfather clause one year from January 1, 2009 to January 1, 2010. (S: Marrero; H: Sontany) House Co-Sponsor: Jones S. Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee deferred to 03/24/2010.
SB 3178 Faulk HB 2689 Coleman	Judicial council to meet twice each session. Requires the judicial council to meet regularly in Nashville. Requires the regular meeting schedule to include at least one meeting a year in November. Requires the council to meet at least two times a year while the legislature is in session. (S: Faulk; H: Coleman) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Committee deferred to 03/23/2010.
SB 3179 Faulk HB 2691 Coleman	Judicial council duty: suggestion of statutory changes. Establishes that it is the duty of judicial council, upon request or on its own motion, to suggest statutory changes regarding the judicial system -- in addition to its previous duties of suggesting rules, procedure or methods of administration, or any other matter regarding the judicial system. (S: Faulk; H: Coleman) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Committee deferred to 03/23/2010.
SB 3531 Overbey HB 3648 Stewart M.	Uniform Collaborative Law Act. Creates a uniform procedure to conduct collaborative law processes. Requires a collaborative law participation agreement, which must list all parties' information and the details of the collaborative matter. Provides that all parties involved in the matter must agree to participate in the proceeding. (15 pp.) (S: Overbey; H: Stewart M.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3567 Ketron HB 3566 Rowland	Perjured sworn testimony. Increases punishment for perjured sworn testimony before committees of the general assembly to a Class D from a Class E felony. (S: Ketron; H: Rowland) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/24/2010.
SB 3679 Burchett HB 3585 Coleman	Public notice by electronic means. Authorizes court clerks and local governments to provide public notice by electronic means under certain circumstances. Requires the local government to publish such procedures at least 30 days prior to implementation. (S: Burchett; H: Coleman) Judicial Council Comment: The Judicial Council noted that the caption of this legislation does not specifically match the procedures outlined in the bill. The council noted that the increased costs of publication notices in newspapers, coupled with the reduced circulations and subscriptions for such publications makes the commitment of funds to notice publications an ineffective use of public money. The Council differentiated between notices for public meetings of local government entities and notices required by court clerks on trustee sales, foreclosures and other types of similar notifications. Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee deferred to 03/24/2010. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
SB 3891 Southerland HB 3860 Fitzhugh	Judicial deed of trust or mortgage foreclosure sales. Specifies what information must be provided in newspaper advertisements for judicial deed of trust or mortgage foreclosure sales. Directs the secretary of state to establish a web site for filing and posting notices of foreclosure sales. (S: Southerland; H: Fitzhugh) House Co-Sponsors: McManus; Lundberg; Rich; Armstrong; Camper; Casada; Johnson C.; Halford; Dennis; Stewart M. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SJR 0470 Norris	Constitutional amendment - appointment of judges. Proposes an amendment of Article VI, Section 3 of the Constitution of Tennessee, to authorize a system of merit-based appointments with retention elections for judges of the appellate courts. (S: Norris) Senate Status: Taken off notice in Senate Judiciary 05/27/2009.
SJR 0698 Beavers	Constitutional amendment - election of AG and reporter. Proposes an amendment to Article VI, Section 5 of the Constitution of the State of Tennessee, to provide for the popular election of the Attorney General and Reporter for the State. (S: Beavers) Senate Status: Senate Judiciary deferred to 03/23/2010.
HJR 0075 Stewart M.	Constitutional amendment - up to $500 fine without jury. Propose an amendment to Article VI, Section 14, of the Constitution of the State of Tennessee, to repeals prohibition that fines in excess of $50 cannot be imposed except by jury and to provide that general assembly set the maximum amount of fine assessed without jury up to a $500 limit. Specifies that such limit shall not apply when the right to a jury trial has been voluntarily waived. (H: Stewart M.) Amendment: House Judiciary amendment 1 makes a technical correction. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar.
HJR 0103 Kelsey	Constitutional amendment - election of attorney general. Proposes a constitutional amendment to provide for popular election of Tennessee's attorney general. (H: Kelsey) House Status: House Civil Practice Subcommittee deferred to summer study.
SR 0177> Faulk	TN Rules of Civil Procedure. Approves the amendments and revisions to the TN Rules of Civil Procedure concerning the discovery of insurance, promulgated by the TN Supreme Court. (S: Faulk) Senate Status: Senate Judiciary deferred to 02/23/2010.
SR 0178> Faulk	TN Rules of Appellate Procedure. Approves the amendments and revisions to the TN Rules of Appellate Procedure, promulgated by the TN Supreme Court. (S: Faulk) Senate Status: Senate 02/17/2010 adopted. Other Status: Sent to Senate speaker for signature 02/17/2010.
SR 0179> Faulk	TN Rules of Criminal Procedure. Approves the amendments and revisions to the TN Rules of Criminal Procedure, promulgated by the TN Supreme Court. (S: Faulk) Senate Status: Senate 02/17/2010 adopted. Other Status: Sent to Senate speaker for signature 02/17/2010.
SR 0180> Faulk	TN Rules of Civil Procedure. Approves the amendments and revisions to the TN Rules of Civil Procedure, promulgated by the TN Supreme Court. (S: Faulk) Senate Status: Senate 02/17/2010 adopted. Other Status: Sent to Senate speaker for signature 02/17/2010.
SR 0181> Faulk	TN Rules of Evidence. Approves the amendments and revisions to the TN Rules of Evidence, promulgated by the TN Supreme Court. (S: Faulk) Senate Status: Senate 02/17/2010 adopted. Other Status: Sent to Senate speaker for signature 02/17/2010.
HR 0234 Coleman	TN Rules of Civil Procedure - discovery of insurance. Approves amendments and revisions to the TN Rules of Civil Procedure concerning the discovery of insurance, as promulgated and adopted by the Supreme Court. (H: Coleman) House Co-Sponsors: Sontany; Lundberg House Status: House Judiciary Committee deferred to last calendar.
HR 0235 Coleman	Approves amendments to TN Rules of Criminal Procedure. Approves amendments and revisions to the Tennessee Rules of Criminal Procedure. (H: Coleman) House Co-Sponsors: Sontany; Lundberg House Status: House 02/22/2010 adopted by suspension of the rules after being added to Consent Calendar 2. Other Status: Sent to House speaker for signature 02/22/2010.
HR 0236 Coleman	Amendments and revisions to TN Rules of Evidence. Approves amendments and revisions to the Tennessee Rules of Evidence. (H: Coleman) House Co-Sponsors: Lundberg; Sontany House Status: House 02/22/2010 adopted by suspension of the rules after being added to Consent Calendar 2. Other Status: Sent to House speaker for signature 02/22/2010.
HR 0237 Coleman	Amendments and revisions to TN Rules of Juvenile Procedure. Approves amendments and revisions to the Tennessee Rules of Juvenile Procedure. (H: Coleman) House Co-Sponsors: Sontany; Lundberg House Status: Taken off notice in House Judiciary 03/02/2010.
HR 0238 Coleman	Amendments and revisions to TN Rules of Appellate Procedure. Approves amendments and revisions to the Tennessee Rules of Appellate Procedure. (H: Coleman) House Co-Sponsors: Sontany; Lundberg House Status: House 02/22/2010 adopted by suspension of the rules after being added to Consent Calendar 2. Other Status: Sent to House speaker for signature 02/22/2010.
HR 0239 Coleman	Revisions to the rules of civil procedure. Approves the amendments and revisions to the Tennessee Rules of Civil Procedure as promulgated and adopted by the Supreme Court in its order dated December 14, 2009, a copy of which was filed with the House and Senate Clerks on January 13, 2010. (H: Coleman) House Co-Sponsors: Sontany; Lundberg House Status: House 02/22/2010 adopted by suspension of the rules after being added to Consent Calendar 2. Other Status: Sent to House speaker for signature 02/22/2010.
MEDIA & PUBLISHING
SB 2907 McNally HB 3001 McDaniel	Public records - applicants for admission to the bar. Makes the names of applicants for admission to the bar in this state subject to the open records law. Also makes public the reason for a person being denied admission to the bar. (S: McNally; H: McDaniel) Judicial Council Comment: The Judicial Council expressed concerns with opening the records of the Board of Law Examiners as contemplated by the legislation, as it interferes with the candor of BLE applicants in the application process, forfeits the privacy of personal information required to be disclosed by BLE applicants and undermines the fairness that is afforded to certain BLE applicants who may have disabilities or have entered into agreements with the Tennessee Lawyer Assistance Program. The council noted that every person taking the bar exam has a personal interview with a member of the local bar and a background check wherein every potential issue is required to be disclosed and discussed, including expunged offenses, bankruptcy and youthful indiscretions. Finally, the Council observed that opening records as described in the legislation could only result in the public embarrassment of persons whose records are released, which is not of benefit to the general public. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee. Other Status: Tennessee Judicial Council reviewed 02/18/2010 with comment.
PROFESSIONS & LICENSURE
SB 0254 Marrero HB 0572 Camper	Exemption from liability for volunteering physicians. Expands exemption from civil liability for physicians who voluntarily provide health care services to include those clinics that require some form of payment rather than only free clinics. (S: Marrero; H: Camper) House Co-Sponsors: Miller L.; Turner L.; Kelsey; Coley; Jones U.; Todd; Kernell Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 04/29/2009.
SB 2650 McNally HB 3014 Sargent	No licensure renewal due to nonpayment of student loans. Requires that any debtor found to be delinquent or in default on student loan payments will have their license suspended, denied or revoked. Requires TSAC or the guarantee agency to terminate the order to suspend, deny or revoke on the license once the debt is paid in full or the debtor has entered into a payment plan. Requires the TN Ethics Commission to accept any determination of default from TSAC or a guarantee agency after TSAC or such agency has afforded a debtor an opportunity to be heard. Requires a hearing request made by the debtor to be in writing and must be received by TSAC or the guarantee agency within 20 days of the notice being served. Broadly Captioned. (14 pp.) (S: McNally; H: Sargent) Senate Co-Sponsor: Ketron Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: House Higher Education Subcommittee deferred to 03/24/2010.
SB 3155 Overbey HB 3191 Mumpower	TN Appraisal Management Company Registration Act. Enacts the "Tennessee Appraisal Management Company Registration and Regulation Act." Prohibits individuals or groups of individuals from engaging in business as an appraisal management company without first obtaining a registration issued by the real estate appraiser commission, with certain exceptions. Authorizes the commission to charge a registration fee not to exceed $2,000 for each entity applying for such registration. Requires each applicant for registration to post with the commission and maintain on renewal a surety bond in the amount of $50,000. Restricts certain individuals from operating or working for a real estate appraisal company without being in good standing with the state and any other state. Restricts certain practices in the process of conducting an appraisal. Authorizes the commission to censure an appraisal management company, suspend or revoke such a company's registration, or impose civil penalties not to exceed $25,000 for violating such rules. (19 pp.) (S: Overbey; H: Mumpower) House Co-Sponsors: Casada; Yokley Senate Status: Senate Government Operations deferred to 03/24/2010. House Status: House Government Operations deferred to 03/24/2010.
PROPERTY & HOUSING
SB 0424 Bunch HB 0871 Brooks, Kevin	Homestead exemptions. Clarifies that $25,000 homestead exemption for individuals with one or more minor children in such individual's custody applies whether or not such individual is the head of a family and only applies upon real property used by the individual and the minor children as a principal place of residence. (S: Bunch; H: Brooks, Kevin) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 1181 Tracy HB 1180 Fraley	Homestead exemption for couples with minor children. Specifies that married couples with one or more minor children in the couple's custody are entitled to a $25,000 homestead exemption for real property owned and used as a principal place of residence by the couple. (S: Tracy; H: Fraley) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Civil Practice Subcommittee 04/07/2009.
SB 1287 Bunch HB 1940 Lundberg	Homestead exemptions for married persons with minor child. Changes homestead exemption of $25,000 for person with a minor child in household to include married persons with a minor child in the household. (S: Bunch; H: Lundberg) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3554 Ketron HB 3224 McCord	Attachment of liens - visible commencement of operations. Clarifies the definition of the visible commencement of operations related to construction services and products. (S: Ketron; H: McCord) Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: House Civil Practice Subcommittee deferred to 03/24/2010.
SB 3555 Ketron HB 3239 McCord	Attachment of liens - visible commencement of operations. Clarifies the meaning of the visible commencement of operations related to construction services and products and to the attachment of liens. (S: Ketron; H: McCord) Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: House Civil Practice Subcommittee deferred to 03/24/2010.
PUBLIC EMPLOYEES
SB 0438 Overbey HB 1577 Brooks, Kevin	Retirement benefits for general sessions judges. Allows a retired general sessions judge who has serve at least one full eight year term to participate in the health insurance plan for employees of local government until such judge reaches 65 years of age and is Medicare eligible. (S: Overbey; H: Brooks, Kevin) Amendment: Senate State & Local Government amendment 1 makes the legislation permissive by authorizing local governments to utilize a Request for Proposal process for construction management services for local correctional facility projects. Council on Pensions and Insurance comment: Council on Pensions and Insurance adopted and released to full committee with additional remark that fiscal impact of this bill on local governments is unknown. Senate Status: Taken off notice in Senate Finance, Ways & Means 06/18/2009. House Status: Taken off notice in House Local Government Subcommittee 05/06/2009. Other Status: Council on Pensions & Insurance 03/30/2009 returned without recommendation due to no motion.
SB 1334 Yager HB 0937 Ferguson	Public defenders authorized to reduce employees' salaries. Allows the public defender in each judicial district to incrementally reduce salaries of all employees within the office as may be required to balance the district's budget for that fiscal year instead of reducing the number of employees. Provides that any reduction in salary will be restored when budget constraints are no longer applicable and prior to the hiring of any new employees. (S: Yager; H: Ferguson) Senate Status: Withdrawn in Senate 03/05/2009. House Status: Withdrawn in House 02/25/2009.
TAXES GENERAL
SB 0574 Jackson HB 0594 Coleman	Inheritance tax - maximum single exemption. Increases from $1 million to $3.5 million the maximum single exemption allowable for determining the net taxable estate for inheritance tax purposes for 2009 and subsequent years. (S: Jackson; H: Coleman) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/11/2009. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar.
SB 0696 Southerland HB 1540 Litz	Phasing out of inheritance tax. Phases out the inheritance tax over a four-year period beginning January 1, 2010, by incrementally reducing the amount of the tax each year. For decedents who died in 2014 and thereafter, no such tax applies. (S: Southerland; H: Litz) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/11/2009. House Status: Referred to House Finance Budget Subcommittee.
SB 0785 Overbey HB 1878 McDaniel	Gift tax exemption. Eliminates distinction between Class A and Class B donees for gift tax purposes. Increases gift tax exemption by linking Tennessee law to federal gift tax exemption. Sets tax rate for all gifts to current rate for Class A (family member) donees. (S: Overbey; H: McDaniel) Senate Status: Senate Finance Tax Subcommittee 03/11/2009 deferred to the last item on the last calendar. House Status: Referred to House Finance Budget Subcommittee.
SB 1200 Tracy HB 0543 Litz	Inheritance tax - federal exclusion. Adopts amount of federal exclusion as amount of inheritance tax exemption for decedents dying in 2009 and thereafter. (S: Tracy; H: Litz) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/18/2009. House Status: Referred to House Finance Budget Subcommittee.
SB 1421 Stewart E. HB 0668 Hackworth	Rates for professional privilege tax. Revises amounts of professional privilege tax to be paid for persons licensed or registered after July 1, 2009, by basing amount upon years a person has been licensed or registered as a professional. (S: Stewart E.; H: Hackworth) Senate Status: Referred to Senate Finance Tax Subcommittee. House Status: Referred to House Finance Budget Subcommittee.
SB 1699 Overbey HB 1879 McDaniel	Revisions to gift and inheritance tax exemptions. Specifies that for the sole purpose of determining net gifts under the gift tax exemption provision, there must be allowed against the net gifts a maximum cumulative lifetime single exemption of an amount equal to $1,000,000. Clarifies that the maximum single exemption permitted under inheritance tax credits provisions must be reduced by an amount equal to the exemption in the gift tax to the extent that it was applied to reduce the decedent's net gifts. (S: Overbey; H: McDaniel) Senate Status: Senate Finance Tax Subcommittee deferred to last calendar. House Status: Referred to House Finance Budget Subcommittee.
SB 2922 Burchett HB 2495 Harwell	Changes variable Tennessee inheritance tax rate. Replaces current, variable Tennessee inheritance tax rate based on total estate amount with a single inheritance tax rate of 5.5 percent for decedents dying after January 1, 2011. (S: Burchett; H: Harwell) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/09/2010. House Status: Referred to House Finance Budget Subcommittee.
SB 3136 McNally HB 3170 Curtiss	Lawsuits challenging state taxes. Clarifies that orders and pleadings cannot be issued or filed in lawsuits challenging state taxes, unless it is a properly filed suit in the appropriate chancery court and the court can only issue a stay on the collection of the tax pending final determination of the suit. (S: McNally; H: Curtiss) Senate Status: Senate Judiciary deferred to 03/23/2010. House Status: House Budget Subcommittee deferred to 03/24/2010.
SB 3371 Marrero HB 3184 Turner M.	TN Taxpayer Equality Act of 2010. Enacts the "Tennessee Taxpayer Equality Act of 2010." Requires the joint select committee on business taxes to review and assesses all tax exemptions to determine their continued feasibility and necessity. Requires the chair of the committee, prior to June 30, 2013, to cause to be prepared legislation that would repeal certain tax exemptions. (S: Marrero; H: Turner M.) Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/09/2010. House Status: Referred to House Finance Budget Subcommittee.
SB 3646 Black HB 3766 Lynn	Incremental phase-out of inheritance tax. Phases out the inheritance tax by incrementally reducing the amount of the tax each year until tax is completely phased out for decedents dying in 2013 and thereafter. (S: Black; H: Lynn) House Co-Sponsors: Maggart; Campfield; Swafford Senate Status: Referred to Senate Finance, Ways & Means. House Status: Referred to House Finance Budget Subcommittee.
TENNCARE
SB 2774 Burchett HB 3254 Armstrong	Claims by TennCare on decedent's estate. Grants the state one year to file a claim against a decedent's estate for money owed to TennCare. Removes the requirement that the representative of the decedent's estate must provide or request a release before the assets of the estate be distributed and closed. (S: Burchett; H: Armstrong) Senate Status: Referred to Senate Judiciary. House Status: House Civil Practice Subcommittee recommended 03/17/2010. Sent to House Judiciary.
TORT LIABILITY
SB 0076 Stanley HB 0289 Kelsey	Health care liability actions as medical malpractice reform. Changes "medical malpractice" to "health care liability action" and revises provisions of law relative to such action. Specifies that recoverable damages do not include expenses or charges that have been discounted or forgiven for any reason, including discounts arising from a relationship with a health insurer or other payor. Stipulates that when liability is admitted or established, the damages awarded may include noneconomic losses, provided such damages do not exceed a total of $250,000 against all health care practitioners and/or facilities who are defendants. Limits the aggregate amount of damages recovered by a plaintiff for such losses to $500,000. Allows any party involved in such a case to enter a judgment ordering that damages be paid in whole or in part by periodic payments rather than by a lump sum payment if the award equals or exceeds $75,000. Requires judgment debtors in such cases to post security adequate to assure full payment of such damages awarded by the judgment when not adequately insured. Makes debtors who become delinquent in paying liable for further damages including court and attorney costs. Establishes provision for transfer of payments upon death of creditor. Changes limitations for reasonable attorneys' fees from 33 1/3 percent of total damages to the following: 40 percent of the first $50,000; 33 1/3 percent of the next $50,000; 25 percent of the next $500,000; and 15 percent of any amount by which the recovery exceeds $600,000. Requires expert witnesses to have been practicing the same specialty as the defendant for the past year. Prohibits an action against an attorney for legal malpractice from arising based solely on the fact that the damages awarded in the underlying health care liability action exceeded the amount sought in the ad damnum of the complaint filed in such underlying action. Specifies that the plaintiff may not attempt to seek recovery on this difference from the attorney unless the attorney's conduct in the underlying action constituted fraud or willful misconduct. Requires a plaintiff in any action for damages alleging professional negligence against a health care provider to file a HIPAA-compliant medical authorization form when filing the complaint. Authorizes the release of certain health care information to attorneys in such cases. (S: Stanley; H: Kelsey) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 0394 Tracy HB 0567 Cobb C.	Civil liability for health care professionals volunteering. Clarifies that a free clinic is not immune to civil liability when accepting a contribution made by a person receiving services at the clinic. (S: Tracy; H: Cobb C.) Senate Status: Taken off notice in Senate Judiciary 04/08/2009. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 0420 Bunch HB 1693 Watson E.	Liability for facilities providing residential services. Requires any facility that is exempt from federal income taxation only be liable for damages up to the sum of $300,000 per claimant and $1,000,000 per occurrence for actions arising in tort during the time that the facility is contracting with the division of mental retardation services or the TennCare bureau. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 1105 Stewart E. HB 0513 Matheny	Increases governmental tort liability limits. Increases governmental tort liability limits for actions arising on or after July 1, 2007, but before July 1, 2009. (S: Stewart E.; H: Matheny) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 2522 Johnson J. HB 2543 Casada	Gross negligence in medical malpractice cases. Changes the liability standard from negligence to gross negligence in medical malpractice cases involving doctors rendering care in a hospital emergency room. (S: Johnson J.; H: Casada) Senate Co-Sponsor: Ketron Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 2744 Kelsey HB 3859 Camper	Definition of medical professional for tort liability. Defines "medical professional," in reference to tort liability, as including any registered nurse, nurse practitioner, or physician as long as at least 50 percent of the physician's patients are treated at certain hospitals. Clarifies that any medical professional employed by a nonprofit public benefit corporation practicing at certain hospitals shall be considered an employee of that governmental entity. (S: Kelsey; H: Camper) Senate Co-Sponsors: Marrero; Tate House Co-Sponsors: Coley; Hardaway; Todd; Cooper B.; Turner J.; Richardson; Towns; White M.; McManus; DeBerry J.; Jones U.; Miller L. Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3749 Bunch HB 3038 Dennis	Duty of care to trespasser for injury. Establishes that an owner or occupant of land does not owe a duty of care to a trespasser on such land and is not liable for any injury to a trespasser. Clarifies this legislation does not affect liability for injury that may result from the common law doctrine of attractive nuisance. (S: Bunch; H: Dennis) Senate Co-Sponsor: Ketron Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3751 Bunch HB 2717 Campfield	Punitive damages: limits to $300,000 with exceptions. Decreases the punitive damages awards in all civil actions to $300,000 dollars, unless the action is expressly excluded or the action deals with removal of hazardous substances. Broadly captioned. (S: Bunch; H: Campfield) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee.

BANKING & CREDIT

CAMPAIGNS & LOBBYING

COMMERCIAL LAW

CRIMINAL LAW

ECONOMIC DEVELOPMENT

EDUCATION

ENVIRONMENT & NATURE

ESTATES & TRUSTS

FAMILY LAW

GOVERNMENT ORGANIZATION

GOVERNMENT REGULATION

HEALTH CARE

INSURANCE AUTOMOBILES

JUDICIARY

MEDIA & PUBLISHING

PROFESSIONS & LICENSURE

PROPERTY & HOUSING

PUBLIC EMPLOYEES

TAXES GENERAL

TENNCARE

TORT LIABILITY