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TBA Bill Tracking Service — Action List
(Updated February 9, 2012)


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


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

Banking & Credit - 1

SB3161 / HB3599 Assignment of rights to proceeds of legal actions banned.
CategoryBanking & Credit
SponsorsSen. Jim Tracy / Rep. Jon Lundberg
DescriptionProhibits lenders from entering into a legal funding transaction with another person. Specifies that legal funding transactions are transactions in which a person or entity provides funds to another person involved in a legal action and the person receiving the funds assigns to the person or entity the contingent right to receive a part of the proceeds or the legal action's settlement or award. Voids contracts resulting from such transactions. Specifies that a violation of this section constitutes a violation of the Consumer Protection Act of 1977.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection.

Campaigns & Lobbying - 1

SB3695 / HB3707 Uniform Limited Convention Act.
CategoryCampaigns & Lobbying
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionEnacts the "Uniform Limited Convention Act." Prohibits delegates to a convention called for by Congress upon the qualifying application of two-thirds of the states from voting to consider, approve or propose any potential amendment considered or proposed by such a limited convention other than that amendment for which the limited convention was originally called to consider. Requires delegates to take an oath that they will not violate the provisions of the act.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, relative to limiting the authority of delegates to an Article V Amendment Convention.

Commercial Law - 4

SB2705 / HB2982 Federal Reserve Weekly Average prime loan rate.
CategoryCommercial Law
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRequires the Federal Reserve weekly average prime loan rate to be used as the standard interest rate on judgments so long as such rate does not exceed 10 percent.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments.
SB2931 / HB3150 Revisions of the Uniform Commercial Code.
CategoryCommercial Law
SponsorsSen. Doug Overbey / Rep. Jon Lundberg
DescriptionRevises numerous provisions of the Uniform Commercial Code.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/30/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, Chapter 1; Title 47, Chapter 2; Title 47, Chapter 2A and Title 47, Chapter 9, relative to the Uniform Commercial Code.
SB3070 / HB3459 Revises TN Business Corporation Act.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionState Summary: As introduced, revises the Tennessee Business Corporation Act. - Amends TCA Title 48.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48, relative to the Tennessee Business Corporation Act.
SB3258 / HB3180 Accrual of prejudgment interest.
CategoryCommercial Law
SponsorsSen. Ophelia Ford / Rep. Karen D. Camper
DescriptionSpecifies that prejudgment interest begins to accrue on the date which service of process occurred, unless a contract provides otherwise.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest.

Criminal Law - 7

SB2369 / HB2489 Civil right of action for victims of human trafficking.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Jim Coley
DescriptionPermits victims of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. Specifies that restitution to victims of human trafficking include those items covered by the criminal injuries compensation fund as well as costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, costs of necessary transportation, temporary housing, and child care, and attorney's fees and other court-related costs such as victim advocate fees.
Fiscal NoteDated: January 29, 2012 Not significant.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 3, relative to providing civil relief for victims of human trafficking.
SB2737 / HB3121 October 1, 2014 statute for personal injury actions.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionRequires that on October 1, 2014, all liability action for person injuries or death that accrued prior to October 1, 2011, will be governed by the Tennessee Civil Justice Act of 2011.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death.
SB2942 / HB3222 Judges allowed to carry firearms during court proceedings.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Steve McDaniel
DescriptionRemoves the requirements that a judge has to have 16 hours of POST court security training and 8 hours of POST training each year to be able to carry a gun in court. Adds that a judge must keep the handgun concealed at all times.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons during judicial proceedings.
SB2981 / HB2898 Failure to protect child from severe child abuse.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionMakes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse.
SB2989 / HB3364 Defendants being considered indigent.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Barrett Rich
DescriptionProhibits defendants who make an appearance bond from being considered indigent for purposes of a court-appointed attorney. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37, Chapter 1; Title 39; Title 40 and Title 55, Chapter 10, Part 4, relative to indigent defense.
SB3084 / HB3334 Vicarious liability for damages.
CategoryCriminal Law
SponsorsSen. Andy Berke / Rep. Craig Fitzhugh
DescriptionRelative to civil damage awards, noneconomic damages. Removes requirement of separately considering the vicarious liability for noneconomic damages of a defendant from the liability of an agent, employee or representative of the defendant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies.
SB3612 / HB3827 Changes the garnishment summons form.
CategoryCriminal Law
SponsorsSen. Joe M. Haynes / Rep. Mike Stewart
DescriptionMakes various changes to the garnishment summons form to be served by the sheriff or other applicable officer.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/06/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, relative to garnishments.

Education - 3

SB2135 / HB2748 Equal Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Brian K. Kelsey / Rep. Bill Dunn
DescriptionRequires all eligible students, as specifically defined, to qualify for an annual education scholarship to attend participating nonpublic schools, and public schools within the school district the child resides. Defines students who are eligible to receive scholarships to include low income students, as specifically defined, who reside in Shelby, Davidson, Hamilton, or Knox County or who are currently enrolled in the achievement school district and who have either attended public school or received a scholarship the preceding semester, or are starting school in Tennessee for the first time. Limits the scholarship amount per student to the lesser of the participating school's annual cost for attendance or the amount received per pupil from state and local sources. Requires public schools with more eligible student applications than spaces to use a random selection process in filling available seats. Vests the state board of education with the power to promulgate rules and procedures regarding the transfer and allocation of scholarship funds, application and approval procedures for eligible students, and the eligibility of nonpublic schools. Requires participating nonpublic schools to meet specified requirements regarding health and safety, financial accountability, student progress reports to parents, and the administration of specified end-of-course or end-of-year examinations. Provides circumstances by which the department of education may bar schools from participating, such as routine failure to comply with the above requirements or the intentional misrepresentation of information. 10 Pgs.
Senate Status01/12/2012 - Referred to Senate Education.
House Status01/25/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act.
SB2689 / HB2704 Use of state funds to pay professional organization dues.
CategoryEducation
SponsorsSen. Joe M. Haynes / Rep. Mike Turner
DescriptionProhibits state funds from being used by an LEA to pay professional organization membership fees or dues.
Senate Status01/25/2012 - Referred to Senate Education.
House Status01/25/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 3, relative to funding of education.
SB3246 / HB3502 Entitlement to legal counsel in truancy proceedings.
CategoryEducation
SponsorsSen. Andy Berke / Rep. Harry Brooks
DescriptionState Summary: As introduced, entitles children to representation by legal counsel in proceedings alleging truancy. - Amends TCA Title 37, Chapter 1, Part 1 and Title 49, Chapter 6, Part 30.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1 and Title 49, Chapter 6, Part 30, relative to truancy.

Estates & Trusts - 1

SB2519 / HB2648 Right of respondent to petition for conservator appointment.
CategoryEstates & Trusts
SponsorsSen. Mae Beavers / Rep. Gary Odom
DescriptionSpecifies rights of respondent in petition for appointment of a conservator.
Senate Status02/07/2012 - Senate Judiciary deferred to 2/14/2012.
House Status01/25/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships.

Family Law - 15

SB2163 / HB2451 Modification of child custody decree of parent in military.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionDeletes language in current law stating that a court may modify a decree of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice.
Fiscal NoteDated: January 24, 2012 Not significant.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces.
SB2200 / HB2338 Rules revised for placement of child outside of parent.
CategoryFamily Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionSpecifies that it would be grounds to initiate the termination of parental or guardianship rights if the child has been placed outside of the care, custody, or control of the child's parent or guardian by a court order for six months and the parent or guardian knows or should know of the court-ordered placement, yet fails to resolve the existing conditions that prevent the child's safe placement with the parent or guardian.(Part of Administration Package 2012)
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/18/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights.
SB2388 / HB2562 Mediation required for certain orders of protection.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionAllows judges to order mediation for two people who are seeking orders of protections against each other.
Fiscal NoteDated: January 27, 2012 Not significant.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6, relative to orders of protection.
SB2404 / HB2421 Medical bills left unpaid to result in suspended visitation.
CategoryFamily Law
SponsorsSen. Randy McNally / Rep. Eric Watson
DescriptionRequires that a parent ordered to pay medical bills or expenses for a child must do so within 30 days of a court order or have visitation rights suspended until the bills are paid along with any costs incurred as a result of the delay. Allows payment plan with medical care provider or the other parent. Broadly captioned.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to child medical expenses.
SB2489 / HB2620 Considerations in making custody determinations.
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. John Forgety
DescriptionEnacts "Luke's Law." Adds that the court is required to consider two more factors when deciding a custody arrangement: the likelihood of each parent to honor and facilitate court-approved parenting rights and whether a parent has a history of willfully denying the other parent's right to parenting time in accordance with a court order.
Amendment House General Subcommittee of Children & Family Affairs amendment 1 (012473865) rewrites the bill by deleting sections 1 and 2 entirely and substituting instead the language : in determining the willingness of each parent and caregivers to facilitate and encourage a close and continuing parent-child relationship, court shall consider past history to honor and facilitate court order parenting arrangements and rights, and the court shall further consider any history of either parent or caregivers denying parenting time to either parent in violation of a court order.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody.
SB2512 / HB2667 Parenting plans to incorporate a residential schedule.
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionRequires a parenting plan to list the percentage of residential time the child spends with each parent.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans.
SB2835 / HB3197 Open adoption or visitation.
CategoryFamily Law
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionSpecifies that in any agreement or contract between the parents or guardian of a child and the adoptive parents that requires visitation or an open adoption, either party may enforce rights or terms under the agreement or contract except where the court finds that enforcement of those rights or terms is not in the best interest of the child. Allows adopted children who have reached the age of majority to be issued a new birth certificate with the name of the adoptive parent removed and replaced by the name of a deceased biological parent, if certain conditions are met.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to adoptions.
SB2844 / HB2188 New active duty term to be used in child visitation statute.
CategoryFamily Law
SponsorsSen. Tim Barnes / Rep. Curtis G. Johnson
DescriptionSubstitutes the term "active duty military service" for "active duty service in the armed forces" to be used in statutes regarding visitation rights of biological or legal relatives with a child whose parent is out of state and on active duty. Defines "armed forces" as it is to be used in the relevant statute.
Fiscal NoteDated: January 10, 2012 Not significant.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces.
SB2957 / HB3071 Training for guardians ad litem.
CategoryFamily Law
SponsorsSen. Tim Barnes / Rep. John J. Deberry Jr.
DescriptionSpecifies that training for guardians ad litem include training in early childhood, child and adolescent development
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-149; Section 37-2-409 and Section 37-1-129, relative to proceedings in juvenile courts.
SB3033 / HB2897 Adoption - preference to relative over foster parent.
CategoryFamily Law
SponsorsSen. Beverly Marrero / Rep. Sherry Jones
DescriptionGrants a relative of a child first preference in the adoption process, provided they have a substantial relationship. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences.
SB3376 / HB3206 Termination of parental rights.
CategoryFamily Law
SponsorsSen. Eric Stewart / Rep. David Alexander
DescriptionAllows a parent to file a petition to terminate the rights of the other parent or a guardian.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 39, relative to termination of one parent's parental rights.
SB3402 / HB3577 Reports of physical child abuse.
CategoryFamily Law
SponsorsSen. Dolores R. Gresham / Rep. Sherry Jones
DescriptionRequires reports of physical child abuse be investigated by a child protective services investigator who is trained in investigating physical abuse or be referred to a child advocacy center. Prohibits such investigation from being performed by a probation officer previously assigned to the child.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse.
SB3493 / HB2251 Recovery of child support when man is not biological father.
CategoryFamily Law
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionGives a person who has been proven not to be the biological father of a minor child a civil cause of action against the child's biological father in order to recover child support actually paid, including court costs and any discretionary costs that may be allowed by the court.
Fiscal NoteDated: January 14, 2012 Not significant.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 24-7-112; Title 36, Chapter 2 and Title 36, Chapter 5, relative to recovery of child support.
SB3582 / HB3773 Dependent of neglected child.
CategoryFamily Law
SponsorsSen. Andy Berke / Rep. Craig Fitzhugh
DescriptionStates that withdrawal of or change to an automatic veto for adoption contact shall be effective immediately upon receipt of the written request by the department.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/02/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 40, relative to adoption.
SB3638 / HB2790 Grandparent may file petition opposing relocation of child.
CategoryFamily Law
SponsorsSen. Kerry Roberts / Rep. Michael Ray McDonald
DescriptionGives grandparents with visitation rights, who have filed a petition in opposition of child relocation, standing to petition the court for custody. Allows the court to award custody to the grandparent after consideration of various defined factors. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights.

Government Organization - 10

SB2318 / HB2527 Advisory council on workers compensation - sunset.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the advisory council on workers' compensation on June 30, 2014.
Fiscal NoteDated: January 23, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status02/09/2012 - Set for House Consent 02/13/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 50, Chapter 6, Part 1, relative to the advisory council on workers' compensation.
SB2346 / HB2536 Judicial nominating commission - sunset.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionSunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
SB2947 / HB2298 Term limits for general assembly members.
CategoryGovernment Organization
SponsorsSen. Mike Faulk / Rep. Bill W. Harmon
DescriptionLimits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1, relative to term limits for members of the general assembly.
SB3181 / HB3450 Uniform Administrative Procedures Act - hearings procedure.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionExpands notice requirement for contested case hearings, from reasonable notice to 30 days notice. Prohibits appeal of order of continuance in hearings until order permitting appeal is issued. Authorizes petition for attorney's fees and costs by persons in contested case hearings.
Senate Status01/30/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act.
SB3321 / HB3575 Sunsets the Judicial Nominating Commission.
CategoryGovernment Organization
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionState Summary: As introduced, extends the judicial nominating commission, June 30, 2013. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 4.
Senate Status02/01/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
SB3322 / HB3574 Sunsets the TN Court of Judiciary.
CategoryGovernment Organization
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionState Summary: As introduced, extends the Tennessee court of the judiciary, June 30, 2013. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 5.
Senate Status02/01/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to Tennessee court of the judiciary.
SB3435 / HB3493 Joint committee to study administrative process in state.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionCreates a special joint committee to conduct a comprehensive study of the administrative process in Tennessee, including the Uniform Administrative Procedures Act. Requires the committee to report its recommendations to the 108th general assembly no later than December 1, 2012, at which time the committee shall cease to exist.
Senate Status02/01/2012 - Referred to Senate Delayed Bills Committee.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to create a special joint committee for the purpose of conducting a comprehensive study of the administrative process in this state.
SB3516 / HB3025 Gift prohibitions for legislators.
CategoryGovernment Organization
SponsorsSen. Reginald Tate / Rep. Phillip Johnson
DescriptionAllows entertainment, food, refreshments, meals, or beverages, that are provided with an in-state event to which invitations were extended to an entire standing committee, are exempt from the prohibit gifts provision. Requires the invitation to be sent out seven days in advance and sent to the ethics commission, and that the lobbyist or employer, within 30 days following the event, report to the commission the total cost paid for the event and the per person cost. Requires the per person cost not to exceed the $50 limit required by law.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts.
HB3451 Sunsets Judicial nominating Commission.
CategoryGovernment Organization
SponsorsRep. Eric Watson
DescriptionState Summary: As introduced, extends Judicial Nominating Commission, June 30, 2014. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 4.
Senate StatusNone
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
HB3453 Sunsets Tennessee court of the Judiciary.
CategoryGovernment Organization
SponsorsRep. Eric Watson
DescriptionState Summary: As introduced, extends Tennessee court of the judiciary, June 30, 2014. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 5.
Senate StatusNone
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the Court of the Judiciary.

Government Regulation - 1

SB2435 / HB2716 Attorneys fees regarding violation of open meetings law.
CategoryGovernment Regulation
SponsorsSen. Lowe Finney / Rep. James O. Naifeh
DescriptionAllows judges to award reasonable attorneys' fees to plaintiffs who prevail on any part of a violation of open meetings law claim.
Senate Status01/18/2012 - Referred to Senate State & Local Government.
House Status01/25/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-44-106, relative to public meetings.

Health Care - 1

SB3546 / HB3764 Threats of suicide create duty to warn and report.
CategoryHealth Care
SponsorsSen. Rusty Crowe / Rep. Matthew Hill
DescriptionCreates a duty for any person who has knowledge of another individual's threat to commit suicide to inform such threat to at least one of the following entities: law enforcement authorities, adult protective services staff or children's protective services staff, the individual's licensed mental health or health care provider, or the individual's parent, guardian or adult family member if the individual is a minor. Such duty is subject to confidentiality.
Senate Status02/01/2012 - Referred to Senate Health & Welfare.
House Status02/02/2012 - Referred to House Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33 and Title 39, relative to a duty to warn in instances of threats of suicide.

Judiciary - 47

SB2140 / HB2809 Express language required to create statutory duty or action
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProvides that no statutory private right of action or affirmative duty of care is created unless a statute contains express language creating the right or duty. Prohibits state courts, licensing boards and administrative agencies from interpreting actions or affirmative duties to exist without such express language unless based in common law and no other controlling statute exists.
AmendmentSenate Judiciary amendment 1 (01265166) clarifies in section (c) that nothing in this section shall be construed in any way to impair the ability of a court to (1) Create or confer a private right of action or impose an affirmative duty in the absence of a controlling statute "on each cause of action contained in the complaint" if such action or duty is based on the common law or (2) Impute negligence or unlawful conduct to a party based upon the party's violation of a statute.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes.
SB2186 / HB2504 Competency of a criminal defendant.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Vance Dennis
DescriptionCreates new procedure to determine whether a criminal defendant is competent to stand trial or to determine the defendant's mental capacity at the time of the crime. Before ordering outpatient evaluation, the court must hear testimony on whether the defendant poses a substantial likelihood of serious harm in an outpatient situation. If likelihood exists, court shall order the defendant hospitalized for evaluation.
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to criminal defendants believed to be incompetent to stand trial.
SB2344 / HB2528 Tennessee court of the judiciary - sunset.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the Tennessee court of the judiciary on June 30, 2013.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, Part 2, relative to the Tennessee court of the judiciary.
SB2345 / HB2537 Judicial performance evaluation commission - sunset.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the judicial performance evaluation commission until June 30, 2013.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission.
SB2348 Jurisdiction of the courts.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionRemoves the supreme court, circuit, criminal, and chancery court from jurisdiction to determine the constitutionality of a statue properly enacted by the general assembly.
Senate Status01/23/2012 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts.
SB2389 / HB2419 Recording of grand jury proceedings.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionRequires all grand jury proceedings, except when investigative grand juries are deliberating or voting, to be recorded by tape, wire, or stenograph. Records will be sealed.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings.
SB2528 / HB2813 Physician assistants - exempt from subpoena in civil action.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. Janis Baird Sontany
DescriptionAdds physician assistants to list of medical professionals who are exempt from subpoena to trial in a civil action but who are subject to subpoena to a deposition.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 24-9-101, relative to physician assistants.
SB2567 / HB2820 Disagreement with jury about the weight of the evidence.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionSpecifies if the jury returns a verdict of guilty in a criminal case, the trial court does not have the authority to set aside the guilty verdict or grant a new trial because it disagrees with the jury about the weight of the evidence.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases.
SB2586 / HB2942 Liability for litigation costs.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Vance Dennis
DescriptionRequires a plaintiff receiving in a judgment less than 80 percent of the settlement amount offered in a lawsuit or a defendant owing a judgment more than 80 percent of the settlement amount offered in a lawsuit prior to trial to pay certain litigation expenses of the opposing party. Urges the state supreme court to expedite the hearing of appeals under $100,000.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment.
SB2624 / HB2773 Continuing education for court reporters.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Dale Ford
DescriptionExempts court reporters aged 55 years or older who have been licensed for at least five years from continuing education credit requirements as a condition for license renewal.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/23/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters.
SB2637 / HB3125 Punitive damages in a civil action.
CategoryJudiciary
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionAuthorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages.
SB2638 / HB3124 Motions to dismiss.
CategoryJudiciary
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionRemoves judicial discretion to apportion costs and permits recovery of certain litigation costs by the successful party on motions to dismiss.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss.
SB2664 / HB2781 Suit for trespass.
CategoryJudiciary
SponsorsSen. Joe M. Haynes / Rep. Mike Stewart
DescriptionAuthorizes an action for trespass to be brought in any court of general jurisdiction in county where trespass occurred or where the trespasser resides. Broadly captioned.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass.
SB2666 / HB2821 Hearing regarding abatement of nuisance.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Jon Lundberg
DescriptionIncreases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance.
Fiscal NoteDated: January 25, 2012 Not significant.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action.
SB2671 / HB2935 Terminates court of judiciary.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionTerminates the court of the judiciary on July 1, 2012 and replaces it with a 16-person board of judicial conduct and changes the burden of proof to investigate a judge to probable cause that misconduct occurred from significant likelihood that it did.
Fiscal NoteDated: January 28, 2012 Not significant.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary.
SB2706 / HB2980 Offer of Settlement Act.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRequires a party to a lawsuit to pay the opposing side's attorneys' fees and costs if he or she rejects a settlement offer that later turns out to be better than the verdict. Applies to a plaintiff who rejects a defendant's offer when the subsequent judgment is worth less than 75 percent of the offer. Applies to a defendant who rejects a plaintiff's offer when the subsequent judgment for the plaintiff is worth more than 125 percent of the offer. Establishes standards and deadlines for making, accepting, and withdrawing offers.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers.
SB2728 / HB2984 Makes changes to the appointment of counsel and guardians.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionGrants a minor the right to a guardian ad litem in a juvenile court proceeding alleging negligence or abuse. Redefines indigency to include parents' resources and willingness to pay for an attorney. Assesses administrative fee to parents. Requires reporting by court clerk.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-126 and Section 37-1-150, relative to representation in juvenile court.
SB2774 / HB3458 Report on utilization of senior justices and judges.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Jim Coley
DescriptionIncludes the government operations committees of both houses in the list of committees to receive the administrative director of the courts' report on the utilization of senior justices and judges.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17.
SB2781 / HB2948 Income of defendants seeking court-appointed counsel.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionRequires trial courts to verify income and property of defendants seeking court-appointed counsel in non-capital criminal cases. Places burden of proof of indigency on the defendant. Establishes definition of indigency for purposes of court-appointed counsel, taking into consideration value of real property and motor vehicles, as well as ability to pay appearance bond in excess of $5,000. Creates a judgment lien in favor of state against defendants for unpaid attorney's fees and costs. Provides that willful nonpayment of the judgment is criminal contempt. Increases professional privilege tax for deposit in indigent defense fund. Requires supreme court to adopt rules concerning qualifications and appointment of private attorneys.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37; Title 40, Chapter 14 and Title 67, Chapter 4, Part 17, relative to legal representation of certain indigent defendants.
SB2794 / HB3452 Applicants to fill an appellate court vacancy.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Eric Watson
DescriptionEstablishes judicial selection commission as the successor to the judicial nominating commission. Requires commission to rate all candidates for a vacancy and submit all names to governor, rather than choosing the three best qualified. Requires legislative confirmation for some appointees.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection.
SB2795 / HB2978 Provisions governing judges.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionClarifies which judges are affected by campaign finance disclosure laws. Allows newly elected judges and chancellors to practice law only to wind down their practice. Changes procedures when a chancellor is incompetent to try a case.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 2-10-102; Section 17-2-112; Section 17-2-202; Section 17-1-105 and Section 23-3-102, relative to judges.
SB2826 / HB2962 Court ordered evaluation of defendant.
CategoryJudiciary
SponsorsSen. Bill Ketron / Rep. Rick Womick
DescriptionRequires that when a court orders a defendant charged with a misdemeanor to be evaluated for insanity, the court will order the evaluation to be completed within 15 days.
Senate Status02/07/2012 - Senate Judiciary deferred to 2/21/2012.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants.
SB2911 / HB3262 Persons protected by Servicemembers Civil Relief Act.
CategoryJudiciary
SponsorsSen. Andy Berke / Rep. Karen D. Camper
DescriptionRequires that funds taken from a person who is protected by the federal Servicemembers Civil Relief Act in a default judgment be returned to that person upon a finding that the person is so protected. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 26; Title 27; Title 29; Title 36; Title 47 and Title 67, relative to service members protected under the federal Servicemembers Civil Relief Act.
SB2948 / HB3237 Revises provisions of law related to probate matters.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Linda Elam
DescriptionIncreases two court fees of small estate affidavits and for opening and closing an estate by $5, and requires notice to be given of such acts to the department of revenue. Revises the deadline for a creditor to file a claim against an estate. Authorizes the disclosure of certain confidential health records to insurance companies for the purpose of permitting the company to determine whether to pay the benefits of the policy or an annuity contract. Clarifies the virtual representation doctrine under the present uniform trust code. Revises other provisions of present law regarding probate matters.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 29; Title 30; Title 32; Title 33; Title 35 and Title 56, relative to probate matters.
SB2956 / HB3069 Expunction of court files and juvenile records.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. John J. Deberry Jr.
DescriptionMakes various changes to expunction of court files and records in juvenile court cases. Allows unruly juveniles to petition for expunction of court files and records. Extends expunction to other scientific methods of establishing identity, such as DNA testing or retinal scans.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-155; Section 37-1-153 and Section 40-32-101, relative to juvenile court records.
SB3053 / HB3034 Barring litigants who owe fees from further filings.
CategoryJudiciary
SponsorsSen. Jim Tracy / Rep. Joe Carr
DescriptionProhibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/08/2012 - House General Subcommittee of Judiciary deferred to 2/22/2012.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 18; Title 20 and Title 28, relative to fees, taxes, costs and expenses owing to the courts.
SB3090 / HB2476 Jury duty optional for people 65 and older.
CategoryJudiciary
SponsorsSen. Roy B. Herron / Rep. David Shepard
DescriptionAllows individuals age 65 and older to decline jury duty.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 22, relative to exemptions from jury duty.
SB3308 / HB3728 Jury may consider a defendant's ability to pay fine.
CategoryJudiciary
SponsorsSen. Lowe Finney / Rep. Mike Stewart
DescriptionRequires the court to instruct the jury that it may consider the defendant's personal income and ability to pay when determining the amount of a fine to impose. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law.
SB3320 / HB3794 Right of recusal if party thinks judge is incompetent.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Jim Coley
DescriptionState Summary: As introduced, allows party to an action who thinks the judge or chancellor is incompetent to hear the case because of a conflict to file motion for recusal and exercise one automatic right of recusal if judge's response to motion does not resolve the conflict. - Amends TCA Title 16 and Title 17.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/02/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges and chancellors.
SB3576 / HB3789 Judicial performance evaluation commission membership.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProhibits a member of the judicial performance evaluation commission from seeking or being appointed to an appellate judgeship for one year immediately following their service on the commission. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/02/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to the judiciary.
SB3594 / HB3120 Disciplinary counsel for court of the judiciary.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionProvides that anyone who acts as disciplinary counsel or other position for the court of the judiciary is a state employee for purposes of being defended by attorney general against a civil suit for acts or omssions in the course of duties.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/30/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-42-103, relative to the defense of state employees.
SB3624 / HB3732 Attorney members of judicial nominating commission.
CategoryJudiciary
SponsorsSen. Bo Watson / Rep. Vince Dean
DescriptionRequires any trial court to grant a continuance or postponement of the proceedings if an attorney is member of the judicial nominating commission and would be absent from a meeting of the commission if the continuance is not granted.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission.
SB3652 / HB3691 Speaker appointments to the Judicial Evaluation Commission.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionRequires the speakers of the house and senate appoint the nine members of the judicial evaluation commission since the judicial council no longer exists.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission.
SB3654 / HB3282 Successive terms - judicial nominating commission members.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Debra Young Maggart
DescriptionAllows members of judicial nominating commission to serve successive terms. Allows solicitor general and employees of attorney general's office to serve on the commission. Requires courts to grant continuance if court action conflicts with commission meeting.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission.
SB3684 / HB3762 Ineffective assistance of counsel.
CategoryJudiciary
SponsorsSen. James F. Kyle Jr. / Rep. Eddie Bass
DescriptionRequires any attorney who has admitted, claimed by affidavit, or has been found by a court to have rendered ineffective assistance of counsel in a criminal case to repay the state any funds received from the state as compensation relating to that case.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/02/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 16 and Title 40, relative to ineffective assistance of counsel.
SB3690 / HB3628 Counsel for indigent defendants.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Rick Womick
DescriptionRequires any attorney, other than a public defender or post conviction defender, or any expert, consultant, or advisor serving indigent defendants to file a disclosure of financial interests with the ethics commission if the attorney is paid more than $500 in fees, commission, or other forms of compensation for services prior to trial, at trial, and during any appeal. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2; Title 39 and Title 40, relative to counsel for indigent defendants.
SB3714 / HB3615 Requires supreme court justices to be elected.
CategoryJudiciary
SponsorsSen. Ophelia Ford / Rep. Barbara W. Cooper
DescriptionState Summary: As introduced, requires justices of supreme court to be popularly elected by voters of designated supreme court districts to be created by the general assembly and requires intermediate appellate courts to be popularly elected by voters of designated intermediate appellate court districts. - Amends TCA Title 17.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors.
SB3715 / HB3614 Requirement for judge to be licensed lawyer repealed.
CategoryJudiciary
SponsorsSen. Ophelia Ford / Rep. Barbara W. Cooper
DescriptionState Summary: As introduced, removes, effective September 1, 2012, requirement that the judge of any court be licensed to practice law - Amends TCA Title 6, Chapter 33; Title 16 and Title 17.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16 and Title 17, relative to the qualifications to be a judge.
SB3720 / HB3509 Collaborative Law Act.
CategoryJudiciary
SponsorsSen. Roy B. Herron / Rep. Mike Kernell
DescriptionState Summary: As introduced, enacts the "Collaborative Law Act." - Amends TCA Title 20 and Title 29.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20 and Title 29, relative to resolution of disputes.
SJR475 Constitutional amendment to appoint higher court Judges.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionProposes a constitutional amendment to rewrite Article 5 Section 3 of the Tennessee Constitution to require that each Justice of the Supreme Court be appointed by the Governor and confirmed by a majority of the Senate instead of elected by the qualified voters of the state. Provides that each Judge of the Court of Appeals and Criminal Court of Appeals also be appointed by the governor and confirmed by the Senate. Sets a 60 day deadline for Senate confirmation of any Governor appointment, and requires each Judge to be licensed to practice law in the state. Sets a deadline for Senate confirmation of judicial appointments, limits appointments to fill vacancies to the current unexpired term, and provides a scheme for appointment of Supreme Court Justices to begin September 1, 2016 for staggered terms. Corrects language in Article 6 and 7 to reflect the above changes.
Fiscal NoteDated: January 4, 2012 Increase state expenditures - $18,000/one-time.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House StatusNone
CaptionA RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for appointment and confirmation of certain judges.
SR78 TN rules of civil procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of civil procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
SR79 TN rules of criminal procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of criminal procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
SR80 TN rules of appellate procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of appellate procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et. seq.
SR81 TN rules of evidence.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of evidence.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
SR82 TN rules of juvenile procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of juvenile procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HB2711 Creates new 16-member court of judicial conduct.
CategoryJudiciary
SponsorsRep. Mike Turner
DescriptionAbolishes the court of judiciary on October 1, 2012. Creates court of judicial conduct consisting of 16 members with appointments to be made by supreme court, governor, bar association and each caucus of general assembly.
Senate StatusNone
House Status02/09/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2, relative to the composition of the court of the judiciary.
HB3122 Pre-trial settlement officer in a civil action.
CategoryJudiciary
SponsorsRep. Vance Dennis
DescriptionState Summary: As introduced, specifies the circumstances under which a pre-trial settlement offer may be made in a civil action; specifies the manner and circumstances under which costs or the monetary value of disputed property may be determined by a court in the event a settlement offer is made and rejected. - Amends TCA Title 20.
Senate StatusNone
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers.

Labor Law - 3

SB2704 / HB2981 Process to obtain punitive damages against an employer.
CategoryLabor Law
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRestricts punitive damages for vicarious liability of an employer for an employee or agent. Allows punitive damages only when the act or omission was committed by a manager; when the employer was reckless in hiring or retaining an employee; or when the employer approved the act or omission.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability.
SB2742 / HB2212 Access to evidence from administrative inspections.
CategoryLabor Law
SponsorsSen. Jack Johnson / Rep. Debra Young Maggart
DescriptionProvides that only authorized persons have access to evidence or information resulting from administrative inspections.
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status01/24/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to employers and employees.
SB2992 / HB3559 Employment discrimination - handgun ownership by applicant.
CategoryLabor Law
SponsorsSen. Mike Faulk / Rep. Eddie Bass
DescriptionProhibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Broadly captioned.
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status02/01/2012 - Referred to House Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices.

Local Government - 1

SB2456 / HB2481 Fees for court clerks to be set by county legislative body.
CategoryLocal Government
SponsorsSen. Becky Duncan Massey / Rep. Ryan A. Haynes
DescriptionAuthorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body.
AmendmentHouse State and Local amendment 1 (01256731) Deletes all language after the enacting clause. Requires the fee schedule for court clerks set out in Tenn. Code Ann. 8-21-401 apply to criminal court, fourth circuit, and the general sessions court-criminal division in Knox County.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to fees of court clerks in counties having a charter form of government.

Media & Publishing - 3

SB2894 / HB3656 Uniform Electronic Legal Material Act.
CategoryMedia & Publishing
SponsorsSen. Brian K. Kelsey / Rep. Mike Stewart
DescriptionEnacts the "Uniform Electronic Legal Material Act." Permits an official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record to designate the electronic record as official if the publisher complies with other sections of this law. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act.
SB2937 / HB2206 Notice regarding destruction of records.
CategoryMedia & Publishing
SponsorsSen. Mark S. Norris / Rep. Debra Young Maggart
DescriptionIncreases from 90 days to 100 days the notice period that clerks must provide to the state librarian and archivist before destroying books or records, in order that such documents may be examined for historical value.
Fiscal NoteDated: January 14, 2012 Not significant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 18.
SB3355 / HB2835 Publishing certain notices online and in newspapers.
CategoryMedia & Publishing
SponsorsSen. Bill Ketron / Rep. Rick Womick
DescriptionRequires that notices for foreclosures, land sales, transactions involving real property or other legal notices to be published online and in a local newspaper.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status01/25/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice.

Miscellaneous - 1

HJR576 Supporting legal representation to unemployment recipients.
CategoryMiscellaneous
SponsorsRep. Barbara W. Cooper
DescriptionExpresses support for free legal representation for Tennessee citizens in matters regarding denial of unemployment compensation by the department of labor and workforce development.
Fiscal NoteDated: January 26, 2012 Other Fiscal Impact - The fiscal impact of an expression of support will be not significant. Should the Department of Labor and Workforce Development provide legal representation for indigent claimants, there will be an increase in recurring state expenditures of $448,700 and an increase in federal expenditures from the Unemployment Insurance Trust Fund of $23,300.
Senate StatusNone
House Status02/09/2012 - Set for House Consumer & Employee Affairs Committee 02/14/12.
CaptionA RESOLUTION to express support for free legal representation for Tennessee citizens in matters regarding denial of unemployment benefits.

Property & Housing - 1

SB2797 / HB2887 Homestead exemption from execution for debts.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Glen Casada
DescriptionRevises homestead exemption to be a residence with up to one-half acre of land. Exempts the property from liens and forced sale except to pay taxes or debt secured by the property.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead.

Public Employees - 2

SB3282 / HB2295 Public employees engaged in national guard duties.
CategoryPublic Employees
SponsorsSen. Dolores R. Gresham / Rep. John Ragan
DescriptionAdds that members of the Tennessee state guard and civil air patrol, while in engaged in performance of duty, should not lose supplemental pay or any other job related benefits.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - House General Subcommittee of Commerce deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service.
SB3564 / HB3369 Office of solicitor general.
CategoryPublic Employees
SponsorsSen. Stacey Campfield / Rep. Barrett Rich
DescriptionCreates the office of solicitor general appointed by the general assembly for a term of four years. Specifies that the duty of the solicitor general is to defend the constitutionality and validity of all legislation of statewide applicability. Revises duties of attorney general and reporter.
Senate Status02/01/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, to appoint a solicitor general.

Public Finance - 2

SB3011 / HB3265 Indigence income calculation revised.
CategoryPublic Finance
SponsorsSen. Becky Duncan Massey / Rep. Scotty Campbell
DescriptionChanges determination of indigence income, when evaluating statistics and reports submitted to the department of health on uncompensated care. The amount of indigence is revised to an amount not to exceed 133 percent instead of 100 percent of federal poverty guidelines.
Senate Status01/30/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 1, relative to the department of health.
SB3768 / HB3835 Appropriations - FY 2011-2012.
CategoryPublic Finance
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionMakes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012.
Senate Status02/09/2012 - Introduced in the Senate.
House Status02/09/2012 - Introduced in the House.
CaptionAN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2011, and July 1, 2012, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2011, and July 1, 2012.

Taxes Business - 3

SB2711 / HB3673 Increases the litigation tax.
CategoryTaxes Business
SponsorsSen. Bill Ketron / Rep. Judd Matheny
DescriptionIncreases the privilege tax on litigation on all criminal charges from $1.00 to $4.00, effective July 1, 2012; moneys collected will be deposited to the statewide automated victim information and notification system. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 38 and Title 67, Chapter 4, Part 6, relative to the statewide automated victim information and notification system.
SB2726 / HB3064 Abolishes the recordation tax.
CategoryTaxes Business
SponsorsSen. Jim Summerville / Rep. John Ragan
DescriptionAbolishes the recordation tax and abolishes the wetland acquisition fund, the local parks land acquisition fund, the state land acquisition fund, and the agricultural resource conservation fund, which are all funded by the recordation tax.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/26/2012 - Referred to House Conservation & Environment.
CaptionAN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax.
SB3041 / HB3314 Payment of privilege tax for governmental employee.
CategoryTaxes Business
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionRequires that any governmental employee, on whose behalf the government chooses to pay the professional privilege tax, use their certification or licensure in connection with their government job.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege of engaging in certain occupations.

Taxes General - 3

SB2189 / HB2428 Tax on new civil and criminal cases.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Judd Matheny
DescriptionAuthorizes local governments to impose a $25 litigation privilege tax on all civil and criminal cases. Funds shall be used on technology for sharing information among law enforcement agencies.
AmendmentSenate Judiciary amendment 1, House State and Local Government amendment 1(01253666) authorizes a local government, upon approval by a legislative body, an additional application for revenue through an existing privilege tax up to $25 on all civil and criminal cases to be used for the purpose of improving technologies associated with collecting, receiving, and maintaining records for local law enforcement agencies. Specifies that when expenses incurred for the project are recovered, the tax may no longer be levied.
Fiscal NoteDated: January 30, 2012 Increase local revenue - $1,929,800/FY12-13/permissive. $1,929,800/FY13-14/permissive. Exceeds $890,500/FY13-14/permissive. Increase local expenditures - exceeds $4,750,000/one-time/permissive.
Senate Status02/01/2012 - Referred to Senate Finance Tax Subcommittee.
House Status02/09/2012 - Set for House General Subcommittee of Finance 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6, relative to revenue for certain computer related expenses of law enforcement agencies.
SB2649 / HB3052 Exemptions - inheritance taxes.
CategoryTaxes General
SponsorsSen. Ken Yager / Rep. Steve McDaniel
DescriptionIncreases, from $1,000,000 to $5,000,000, the single allowable exemption to be applied against net estate for state inheritance taxes. Requires exemption amount to match exemption for federal estate taxes. Requires state gift tax exemption to be the same as inflation adjusted exclusion amount for federal gift taxes.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/31/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 1; Title 67, Chapter 8, Part 3 and Title 67, Chapter 8, Part 4, relative to transfer taxes.
HB2293 Exemption against a net estate - inheritance taxes.
CategoryTaxes General
SponsorsRep. Cameron Sexton
DescriptionAllows an exemption against a net estate for inheritance tax purposes in an amount that includes basic exemption amount not applied against estate of last deceased spouse.
Senate StatusNone
House Status01/24/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes.

Taxes Property - 2

SB2747 / HB2930 Flat homestead exemption of $50,000 per principal residence.
CategoryTaxes Property
SponsorsSen. Mike Bell / Rep. Kevin Brooks
DescriptionIncreases homestead exemption to $50,000 regardless of marital status, age, or custody of children. Applies to cases of execution, seizure, or attachment.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to homestead exemptions.
SB2935 / HB2967 Failure to attend when summoned by comptroller.
CategoryTaxes Property
SponsorsSen. Mark S. Norris / Rep. Michael Harrison
DescriptionAdds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes.

Taxes Sales - 1

HJR539 Constitutional amendment - cap on combined rate.
CategoryTaxes Sales
SponsorsRep. James O. Naifeh
DescriptionProposes an amendment to establish a cap on the combined rate of state and local sales and use tax.
Fiscal NoteDated: January 28, 2012 Increase state expenditures - $18,000/one-time.
Senate StatusNone
House Status02/01/2012 - House General Subcommittee of Finance deferred to 02/22/12.
CaptionA RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation.

Tort Liability - 10

SB2120 / HB2161 Change to the "Tennessee Civil Justice Act of 2011."
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionSpecifies that the limitations on the amount of noneconomic damages, and punitive damages imposed the "Tennessee Civil Justice Act of 2011" would not apply when the defendant's act or omission results in the defendant being convicted of a felony under the laws of any state or under federal law, and that act or omission caused the damages or injuries.
AmendmentHouse Judiciary amendment 1 (01118471) removes now outdated references to "created by HB 2008 / SB 1522 (Chapter ___ of the Public Acts of 2011)" and replaces with references to the current code.
Fiscal NoteDated: August 5, 2011 Not significant.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system.
SB2141 / HB2810 Limits joint & several liability in comparative fault cases.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionBars the use of joint and several liability for allocating damages in cases where separate, independent acts of more than one tortfeasor cause an indivisible injury or cases in which the injury caused by the original tortfeasor is enhanced by a third party rendering aid. Provides that joint and several liability will remain in effect in cases involving the family purpose doctrine. Requires the trier of fact to consider all parties who contributed to the alleged injury or property damage when assessing percentages of fault, including non-parties and parties immune from suit. Provides that in cases governed by worker's compensation law a party immune from suit may not be considered by the trier of fact in allocating fault.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, Chapter 6, Part 1 and Title 29, Chapter 11, Part 1, relative to the doctrine of joint and several liability.
SB2142 / HB2811 Landowner owes no duty of care to trespassers.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProvides that a landowner owes no duty of care to trespassers and is not subject to civil liability for any injury, property damage, or death suffered by a trespasser while on the landowner's land. Lists circumstances under which a landowner is subject to liability for any injury, death, or property damage suffered by a trespasser based off conditions such as age of the trespasser, intent or reasonable care of the landowner, the degree of danger of the landowner's activity, or a failure to warn. Provides a business owner will not be liable for injuries to a person on the business property caused by criminal conduct of a third party.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability.
SB2151 / HB2192 Landowner not liable for recreation land use without charge.
CategoryTort Liability
SponsorsSen. Bill Ketron / Rep. Pat Marsh
DescriptionRewrites the statute regarding a landowner's duty of care to persons on the land for recreational purposes. Provides that a landowner has no duty of care to keep the land safe for recreational activities or warn of hazardous conditions to those granted permission to use the land without charge. Lists exceptions under which a landowner owes a duty of care to persons invited on the land for recreational activities including circumstances of gross negligence by the owner, the landowner charges or extends the invitation for commercial benefit, or an attractive nuisance is present on the land. Provides that a landowner granting permission to use land for recreational purposes does not assure the land is safe or assume responsibility for damage or injury. Exempts a landowner from any liability for death or injury caused during recreational use of the land permitted by a lessee or occupant, unless the owner has reason to know of such use and fails to make a good faith attempt to prevent it.
Fiscal NoteDated: January 5, 2012 Not significant.
Senate Status01/31/2012 - Senate Judiciary deferred to 02/21/2012.
House Status02/01/2012 - House General Subcommittee of Judiciary deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and Title 70, Chapter 7, relative to recreational land use.
SB2719 / HB2983 Codifies the liability of a landowner to a trespasser.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionEstablishes that a person possessing real property owes only a limited duty of care to a trespasser. Allows possessor to use force to end a trespass or criminal offense. Holds possessor liable for injury or death to a minor trespasser from an attractive nuisance or other dangerous condition. States that the section does not create or expand any liability under current law.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, relative to the liability of a possessor of real property for harm to a trespasser.
SB2746 / HB3103 Civil penalty - breaches of duty of care.
CategoryTort Liability
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionSpecifies that the department of intellectual and developmental disabilities may only suspend or revoke license or impose civil penalty on an entity providing mental health and developmental disability services or alcohol treatment for breaches of duty of care and not based upon vicarious liability.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 2, relative to actions against licensed providers of certain services.
SB2748 Limiting liability of whitewater rafting companies.
CategoryTort Liability
SponsorsSen. Mike Bell
DescriptionRequires that whitewater rafting company not be liable for an injury to or death of a participant unless the company knowingly provided faulty equipment, failed to make efforts to determine the ability of participants to engage safely in rafting, acted in gross negligence, or intentionally injured the participant.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 70, Chapter 7, relative to liability of landowner for recreational activities.
SB2789 / HB2979 Medical and mental health and drug abuse records.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionAs introduced, permits health care providers to use a HIPPA release in potential medical malpractice claims to receive all medical records of the patient filing the claim from other health care providers. Authorizes the attorney of the health care provider to receive mental health and drug and alcohol abuse treatment records. Allows the attorney to interview the patient's health care providers to defend the claim.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 29-26-121, relative to medical malpractice claims.
SB2820 / HB3127 Expert testimony limited to only local community standard.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProvides that in a health care liability action, a medical expert is limited to testimony concerning the standard of acceptable professional practice in the local community. Testimony of the regional or national standard and why it is applicable is inadmissible.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 29-26-115, relative to expert testimony.
SB3101 / HB3717 Clarifications regarding TN Civil Justice Reform Act of '11.
CategoryTort Liability
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionProvides that the damages that may be awarded in a health care libility action in which liability is admitted or established are subject to the "Tennessee Civil Justice Reform Act of 2011."
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 7-57-502; Section 8-42-101; Section 8-21-401; Section 9-8-307; Section 10-7-504; Section 28-3- 104; Section 29-26-118; Section 29-26-119; Section 29-26-120; Section 29-26-121; Section 29-26-122; Section 29-26-202; Section 29-20-310; Section 29-26-115; Section 29-26-116; Section 29-26-117; Section 37-5-314; Section 56-3-111; Section 56-30-115; Section 56-31-114; Section 56-32-110; Section 56-32-130; Section 56-54-101; Section 56-54-102; Section 56-54-103; Section 56-54-104; Section 56-54-105; Section 56-54-106; Section 56-7-1001; Section 56-7-101; Section 56- 7-115; Section 56-8-104; Section 56-13-104; Section 56-19-125; Section 56-2-201; Section 56- 27-115; Section 61-1-306; Section 62-3-121; Section 63-25-110; Section 63-27-112; Section 63-3-119; Section 63-30-111; Section 63-31-109; Section 63-4-114; Section 63-5-124; Section 63- 51-105; Section 63-51-111; Section 63-51-117; Section 63-6-214; Section 63-6-219; Section 63-6- 221; Section 63-6-234; Section 63-8-120; Section 63-9-111; Section 63-9-117; Section 63-11-215; Section 63-12-124; Section 63-13-209; Section 63-23-108; Section 68-140-311; Section 68-140- 511 and Section 68-11-223, relative to Tennessee Civil Justice Act of 2011.

Transportation Vehicles - 5

SB2236 / HB2374 Requirements for motor vehicle accident reports.
CategoryTransportation Vehicles
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionChanges present law by requiring that accident reports submitted by law enforcement to the department of safety must be submitted in electronic, rather than written, format. An accident report submitted by a driver of a vehicle involved in an accident will be submitted in a manner approved by the department. This bill replaces the present law requirement that the department of safety develop and provide accident report forms with a requirement that the department advise suitable persons on the method of submitting accident reports. Authorizes payment of the $4.00 accident report fee to be paid by means in addition to cash or check. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Consent 2 02/13/12.
House Status02/09/2012 - Set for House Floor 02/13/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports.
SB2602 / HB2721 English only for driver license examinations.
CategoryTransportation Vehicles
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionRequires that all written and oral examinations administered by the department of safety for issuance of driver licenses, intermediate driver licenses, temporary driver licenses and temporary intermediate driver licenses be in English only.
Senate Status01/23/2012 - Referred to Senate Transportation & Safety Committee.
House Status01/25/2012 - Referred to House General Subcommittee of Transportation.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, Part 3, relative to the issuance of driver licenses.
SB2872 / HB3031 Disclosure of traffic citations from red-light cameras.
CategoryTransportation Vehicles
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionProhibits the disclosure of records or information regarding traffic citations from red-light cameras to consumer reporting agencies. Also prohibits such information from being identified in credit reports.
Senate Status02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12.
House Status02/08/2012 - House General Subcommittee of Commerce deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-8-198, relative to the disclosure of citations based on traffic surveillance cameras.
SB2950 / HB3274 Loaning of vehicle to customer by car dealership.
CategoryTransportation Vehicles
SponsorsSen. Brian K. Kelsey / Rep. Linda Elam
DescriptionRequires that car dealerships not be held vicariously liable when loaning a vehicle to a customer with proof of insurance, except in the case of gross negligence.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/30/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles.
SB3327 / HB3532 Failure to maintain liability insurance by repo agencies.
CategoryTransportation Vehicles
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionProhibits a person or business enterprise from contracting or engaging in the repossession or attempted repossession of any motor vehicle when such person or business does not maintain a policy of liability insurance having coverage limits in the amount of $1,000,000 or more. Specifies that a violation is a Class A misdemeanor.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 45; Title 54; Title 55; Title 56; Title 62 and Title 68, relative to the repossession of motor vehicles.

Workers Compensation - 2

SB3515 / HB2997 Appointing of department attorney for indigent claimant.
CategoryWorkers Compensation
SponsorsSen. Reginald Tate / Rep. Antonio Parkinson
DescriptionProvides indigent workers' comp claimant with an attorney from department if employer is represented by attorney.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants.
HB2202 Representation of indigent claimants.
CategoryWorkers Compensation
SponsorsRep. Antonio Parkinson
DescriptionRequires the commissioner of labor and workforce development to appoint a department attorney to any indigent claimant in an unemployment benefit appeal upon request when an employer is represented by counsel at appeal. Provides that the employer will pay the costs of a claimant's legal representation if the claimant prevails, otherwise cost comes from the department's existing resources. Broadly captioned.
Fiscal NoteDated: January 14, 2012 Increase state revenue $88,500/General Fund. Increase state expenditures $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
Senate StatusNone
House Status02/09/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants.


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