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 | Category | Banking & Credit | | Sponsors | Sen. Jim Tracy / Rep. Jon Lundberg | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection. |
Campaigns & Lobbying - 1 | Category | Campaigns & Lobbying | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 3, relative to limiting
the authority of delegates to an Article V Amendment Convention. |
Commercial Law - 4 | Category | Commercial Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments. |
| Category | Commercial Law | | Sponsors | Sen. Doug Overbey / Rep. Jon Lundberg | | Description | Revises numerous provisions of the Uniform Commercial Code. | | Senate Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/30/2012 - Referred to House Commerce. | | Caption | AN
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. |
| Category | Commercial Law | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | State Summary: As introduced, revises the Tennessee Business Corporation Act. - Amends TCA Title 48. | | Senate Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 48, relative to the Tennessee Business Corporation Act. |
| Category | Commercial Law | | Sponsors | Sen. Ophelia Ford / Rep. Karen D. Camper | | Description | Specifies
that prejudgment interest begins to accrue on the date which service of
process occurred, unless a contract provides otherwise. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest. |
Criminal Law - 7 | Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Jim Coley | | Description | Permits
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 Note | Dated: January 29, 2012
Not significant. | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 3,
relative to providing civil relief for victims of human trafficking. |
| Category | Criminal Law | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death. |
| Category | Criminal Law | | Sponsors | Sen. Stacey Campfield / Rep. Steve McDaniel | | Description | Removes
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons during judicial proceedings. |
| Category | Criminal Law | | Sponsors | Sen. Charlotte Burks / Rep. Sherry Jones | | Description | Makes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse. |
| Category | Criminal Law | | Sponsors | Sen. Stacey Campfield / Rep. Barrett Rich | | Description | Prohibits
defendants who make an appearance bond from being considered indigent
for purposes of a court-appointed attorney. Broadly captioned. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. |
| Category | Criminal Law | | Sponsors | Sen. Andy Berke / Rep. Craig Fitzhugh | | Description | Relative
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies. |
| Category | Criminal Law | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Stewart | | Description | Makes various changes to the garnishment summons form to be served by the sheriff or other applicable officer. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/06/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, relative to garnishments. |
Education - 3 | Category | Education | | Sponsors | Sen. Brian K. Kelsey / Rep. Bill Dunn | | Description | Requires
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 Status | 01/12/2012 - Referred to Senate Education. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Education. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act. |
| Category | Education | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Turner | | Description | Prohibits state funds from being used by an LEA to pay professional organization membership fees or dues. | | Senate Status | 01/25/2012 - Referred to Senate Education. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Education. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49,
Chapter 2 and Title 49, Chapter 3, relative to funding of education. |
| Category | Education | | Sponsors | Sen. Andy Berke / Rep. Harry Brooks | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Children & Family Affairs. | | Caption | AN 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 | Category | Estates & Trusts | | Sponsors | Sen. Mae Beavers / Rep. Gary Odom | | Description | Specifies rights of respondent in petition for appointment of a conservator. | | Senate Status | 02/07/2012 - Senate Judiciary deferred to 2/14/2012. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships. |
Family Law - 15 | Category | Family Law | | Sponsors | Sen. Stacey Campfield / Rep. G.A. Hardaway | | Description | Deletes
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 Note | Dated: January 24, 2012
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces. |
| Category | Family Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Specifies
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/18/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights. |
| Category | Family Law | | Sponsors | Sen. Stacey Campfield / Rep. G.A. Hardaway | | Description | Allows judges to order mediation for two people who are seeking orders of protections against each other. | | Fiscal Note | Dated: January 27, 2012
Not significant. | | Senate Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6, relative to orders of protection. |
| Category | Family Law | | Sponsors | Sen. Randy McNally / Rep. Eric Watson | | Description | Requires
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to child medical expenses. |
| Category | Family Law | | Sponsors | Sen. Mike Bell / Rep. John Forgety | | Description | Enacts
"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 Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody. |
| Category | Family Law | | Sponsors | Sen. Mike Bell / Rep. Jeremy Faison | | Description | Requires a parenting plan to list the percentage of residential time the child spends with each parent. | | Senate Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans. |
| Category | Family Law | | Sponsors | Sen. Randy McNally / Rep. John Ragan | | Description | Specifies
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to adoptions. |
| Category | Family Law | | Sponsors | Sen. Tim Barnes / Rep. Curtis G. Johnson | | Description | Substitutes
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 Note | Dated: January 10, 2012
Not significant. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces. |
| Category | Family Law | | Sponsors | Sen. Tim Barnes / Rep. John J. Deberry Jr. | | Description | Specifies that training for guardians ad litem include training in early childhood, child and adolescent development | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12. | | Caption | AN
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. |
| Category | Family Law | | Sponsors | Sen. Beverly Marrero / Rep. Sherry Jones | | Description | Grants
a relative of a child first preference in the adoption process,
provided they have a substantial relationship. Broadly captioned. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences. |
| Category | Family Law | | Sponsors | Sen. Eric Stewart / Rep. David Alexander | | Description | Allows a parent to file a petition to terminate the rights of the other parent or a guardian. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 39,
relative to termination of one parent's parental rights. |
| Category | Family Law | | Sponsors | Sen. Dolores R. Gresham / Rep. Sherry Jones | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse. |
| Category | Family Law | | Sponsors | Sen. Reginald Tate / Rep. G.A. Hardaway | | Description | Gives
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 Note | Dated: January 14, 2012
Not significant. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN
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. |
| Category | Family Law | | Sponsors | Sen. Andy Berke / Rep. Craig Fitzhugh | | Description | States
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/02/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 40, relative to adoption. |
| Category | Family Law | | Sponsors | Sen. Kerry Roberts / Rep. Michael Ray McDonald | | Description | Gives
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights. |
Government Organization - 10 | Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the advisory council on workers' compensation on June 30, 2014. | | Fiscal Note | Dated: January 23, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 02/09/2012 - Set for House Consent 02/13/12. | | Caption | AN
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. |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Sunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, relative to the judicial nominating commission. |
| Category | Government Organization | | Sponsors | Sen. Mike Faulk / Rep. Bill W. Harmon | | Description | Limits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years. | | Senate Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1,
relative to term limits for members of the general assembly. |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Eric Watson | | Description | Expands
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 Status | 01/30/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act. |
| Category | Government Organization | | Sponsors | Sen. Mae Beavers / Rep. Rick Womick | | Description | State
Summary: As introduced, extends the judicial nominating commission,
June 30, 2013. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 4. | | Senate Status | 02/01/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, relative to the judicial nominating commission. |
| Category | Government Organization | | Sponsors | Sen. Mae Beavers / Rep. Rick Womick | | Description | State
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 Status | 02/01/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 5, relative to Tennessee court of the judiciary. |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Delayed Bills Committee. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN
ACT to create a special joint committee for the purpose of conducting a
comprehensive study of the administrative process in this state. |
| Category | Government Organization | | Sponsors | Sen. Reginald Tate / Rep. Phillip Johnson | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts. |
| Category | Government Organization | | Sponsors | Rep. Eric Watson | | Description | State
Summary: As introduced, extends Judicial Nominating Commission, June
30, 2014. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 4. | | Senate Status | None | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, relative to the judicial nominating commission. |
| Category | Government Organization | | Sponsors | Rep. Eric Watson | | Description | State
Summary: As introduced, extends Tennessee court of the judiciary, June
30, 2014. - Amends TCA Title 4, Chapter 29 and Title 17, Chapter 5. | | Senate Status | None | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN 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 | Category | Government Regulation | | Sponsors | Sen. Lowe Finney / Rep. James O. Naifeh | | Description | Allows
judges to award reasonable attorneys' fees to plaintiffs who prevail on
any part of a violation of open meetings law claim. | | Senate Status | 01/18/2012 - Referred to Senate State & Local Government. | | House Status | 01/25/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 8-44-106, relative to public meetings. |
Health Care - 1 | Category | Health Care | | Sponsors | Sen. Rusty Crowe / Rep. Matthew Hill | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Health & Welfare. | | House Status | 02/02/2012 - Referred to House Health & Human Resources. | | Caption | AN 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 | Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Provides
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. | | Amendment | Senate
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes. |
| Category | Judiciary | | Sponsors | Sen. Doug Overbey / Rep. Vance Dennis | | Description | Creates
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3,
relative to criminal defendants believed to be incompetent to stand
trial. |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the Tennessee court of the judiciary on June 30, 2013. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the judicial performance evaluation commission until June 30, 2013. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, Part 2, relative to the judicial performance evaluation
commission. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Removes
the supreme court, circuit, criminal, and chancery court from
jurisdiction to determine the constitutionality of a statue properly
enacted by the general assembly. | | Senate Status | 01/23/2012 - Withdrawn in Senate. | | House Status | None | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts. |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Eric Watson | | Description | Requires
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings. |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. Janis Baird Sontany | | Description | Adds
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 24-9-101, relative to physician assistants. |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Specifies
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases. |
| Category | Judiciary | | Sponsors | Sen. Stacey Campfield / Rep. Vance Dennis | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment. |
| Category | Judiciary | | Sponsors | Sen. Rusty Crowe / Rep. Dale Ford | | Description | Exempts
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/23/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters. |
| Category | Judiciary | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Authorizes
the award of punitive damages in a civil action against a defendant
based on vicarious liability under certain circumstances. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages. |
| Category | Judiciary | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Removes
judicial discretion to apportion costs and permits recovery of certain
litigation costs by the successful party on motions to dismiss. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss. |
| Category | Judiciary | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Stewart | | Description | Authorizes
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 Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass. |
| Category | Judiciary | | Sponsors | Sen. Rusty Crowe / Rep. Jon Lundberg | | Description | Increases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance. | | Fiscal Note | Dated: January 25, 2012
Not significant. | | Senate Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action. |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Terminates
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 Note | Dated: January 28, 2012
Not significant. | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary. |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Grants
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 37-1-126 and Section 37-1-150, relative to representation in juvenile court. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers / Rep. Jim Coley | | Description | Includes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17. |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Eric Watson | | Description | Establishes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection. |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Clarifies
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Bill Ketron / Rep. Rick Womick | | Description | Requires
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 Status | 02/07/2012 - Senate Judiciary deferred to 2/21/2012. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants. |
| Category | Judiciary | | Sponsors | Sen. Andy Berke / Rep. Karen D. Camper | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Linda Elam | | Description | Increases
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. John J. Deberry Jr. | | Description | Makes
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 37-1-155; Section
37-1-153 and Section 40-32-101, relative to juvenile court records. |
| Category | Judiciary | | Sponsors | Sen. Jim Tracy / Rep. Joe Carr | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/08/2012 - House General Subcommittee of Judiciary deferred to 2/22/2012. | | Caption | AN
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. |
| Category | Judiciary | | Sponsors | Sen. Roy B. Herron / Rep. David Shepard | | Description | Allows individuals age 65 and older to decline jury duty. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 22, relative to exemptions from jury duty. |
| Category | Judiciary | | Sponsors | Sen. Lowe Finney / Rep. Mike Stewart | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers / Rep. Jim Coley | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/02/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges and chancellors. |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/02/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to the judiciary. |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Provides
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/30/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 8-42-103, relative to the defense of state employees. |
| Category | Judiciary | | Sponsors | Sen. Bo Watson / Rep. Vince Dean | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission. |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | Requires
the speakers of the house and senate appoint the nine members of the
judicial evaluation commission since the judicial council no longer
exists. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2,
relative to the judicial performance evaluation commission. |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Debra Young Maggart | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission. |
| Category | Judiciary | | Sponsors | Sen. James F. Kyle Jr. / Rep. Eddie Bass | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/02/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8; Title 16 and Title 40, relative to ineffective assistance of counsel. |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Rick Womick | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2; Title 39 and Title 40, relative to counsel for indigent defendants. |
| Category | Judiciary | | Sponsors | Sen. Ophelia Ford / Rep. Barbara W. Cooper | | Description | State
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
| Category | Judiciary | | Sponsors | Sen. Ophelia Ford / Rep. Barbara W. Cooper | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16
and Title 17, relative to the qualifications to be a judge. |
| Category | Judiciary | | Sponsors | Sen. Roy B. Herron / Rep. Mike Kernell | | Description | State Summary: As introduced, enacts the "Collaborative Law Act." - Amends TCA Title 20 and Title 29. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20 and Title 29, relative to resolution of disputes. |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey | | Description | Proposes
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 Note | Dated: January 4, 2012
Increase state expenditures - $18,000/one-time. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | None | | Caption | A
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. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of civil procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
RESOLUTION approving the amendments and revisions to the Tennessee
Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee
pursuant to the provisions of Tennessee Code Annotated, Section 16402,
et seq. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of criminal procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
RESOLUTION approving the amendments and revisions to the Tennessee
Rules of Criminal Procedure, promulgated by the Supreme Court of
Tennessee pursuant to the provisions of Tennessee Code Annotated,
Section 16402, et seq. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of appellate procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
RESOLUTION approving the amendments and revisions to the Tennessee
Rules of Appellate Procedure, promulgated by the Supreme Court of
Tennessee pursuant to the provisions of Tennessee Code Annotated,
Section 16402, et. seq. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of evidence. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
RESOLUTION approving the amendments and revisions to the Tennessee
Rules of Evidence, promulgated by the Supreme Court of Tennessee
pursuant to the provisions of Tennessee Code Annotated, Section 16402,
et seq. |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of juvenile procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
RESOLUTION approving the amendments and revisions to the Tennessee
Rules of Juvenile Procedure, promulgated by the Supreme Court of
Tennessee pursuant to the provisions of Tennessee Code Annotated,
Section 16402, et seq. |
| Category | Judiciary | | Sponsors | Rep. Mike Turner | | Description | Abolishes
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 Status | None | | House Status | 02/09/2012 - Withdrawn in House. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2,
relative to the composition of the court of the judiciary. |
| Category | Judiciary | | Sponsors | Rep. Vance Dennis | | Description | State
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 Status | None | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
Labor Law - 3 | Category | Labor Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Restricts
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability. |
| Category | Labor Law | | Sponsors | Sen. Jack Johnson / Rep. Debra Young Maggart | | Description | Provides that only authorized persons have access to evidence or information resulting from administrative inspections. | | Senate Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 50, relative to employers and employees. |
| Category | Labor Law | | Sponsors | Sen. Mike Faulk / Rep. Eddie Bass | | Description | Prohibits
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 Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 02/01/2012 - Referred to House Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices. |
Local Government - 1 | Category | Local Government | | Sponsors | Sen. Becky Duncan Massey / Rep. Ryan A. Haynes | | Description | Authorizes
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. | | Amendment | House
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12. | | Caption | AN
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 | Category | Media & Publishing | | Sponsors | Sen. Brian K. Kelsey / Rep. Mike Stewart | | Description | Enacts
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act. |
| Category | Media & Publishing | | Sponsors | Sen. Mark S. Norris / Rep. Debra Young Maggart | | Description | Increases
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 Note | Dated: January 14, 2012
Not significant. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 18. |
| Category | Media & Publishing | | Sponsors | Sen. Bill Ketron / Rep. Rick Womick | | Description | Requires
that notices for foreclosures, land sales, transactions involving real
property or other legal notices to be published online and in a local
newspaper. | | Senate Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 01/25/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice. |
Miscellaneous - 1 | Category | Miscellaneous | | Sponsors | Rep. Barbara W. Cooper | | Description | Expresses
support for free legal representation for Tennessee citizens in matters
regarding denial of unemployment compensation by the department of
labor and workforce development. | | Fiscal Note | Dated: 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 Status | None | | House Status | 02/09/2012 - Set for House Consumer & Employee Affairs Committee 02/14/12. | | Caption | A
RESOLUTION to express support for free legal representation for
Tennessee citizens in matters regarding denial of unemployment benefits. |
Property & Housing - 1 | Category | Property & Housing | | Sponsors | Sen. Mike Bell / Rep. Glen Casada | | Description | Revises
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead. |
Public Employees - 2 | Category | Public Employees | | Sponsors | Sen. Dolores R. Gresham / Rep. John Ragan | | Description | Adds
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - House General Subcommittee of Commerce deferred to 02/22/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service. |
| Category | Public Employees | | Sponsors | Sen. Stacey Campfield / Rep. Barrett Rich | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, to appoint a solicitor general. |
Public Finance - 2 | Category | Public Finance | | Sponsors | Sen. Becky Duncan Massey / Rep. Scotty Campbell | | Description | Changes
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 Status | 01/30/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 1, relative to the department of health. |
| Category | Public Finance | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Makes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | 02/09/2012 - Introduced in the House. | | Caption | AN
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 | Category | Taxes Business | | Sponsors | Sen. Bill Ketron / Rep. Judd Matheny | | Description | Increases
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
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. |
| Category | Taxes Business | | Sponsors | Sen. Jim Summerville / Rep. John Ragan | | Description | Abolishes
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 Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/26/2012 - Referred to House Conservation & Environment. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax. |
| Category | Taxes Business | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17,
relative to the privilege of engaging in certain occupations. |
Taxes General - 3 | Category | Taxes General | | Sponsors | Sen. Doug Overbey / Rep. Judd Matheny | | Description | Authorizes
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. | | Amendment | Senate
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 Note | Dated: 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 Status | 02/01/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 02/09/2012 - Set for House General Subcommittee of Finance 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6,
relative to revenue for certain computer related expenses of law
enforcement agencies. |
| Category | Taxes General | | Sponsors | Sen. Ken Yager / Rep. Steve McDaniel | | Description | Increases,
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 Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN
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. |
| Category | Taxes General | | Sponsors | Rep. Cameron Sexton | | Description | Allows
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 Status | None | | House Status | 01/24/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. |
Taxes Property - 2 | Category | Taxes Property | | Sponsors | Sen. Mike Bell / Rep. Kevin Brooks | | Description | Increases
homestead exemption to $50,000 regardless of marital status, age, or
custody of children. Applies to cases of execution, seizure, or
attachment. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to homestead exemptions. |
| Category | Taxes Property | | Sponsors | Sen. Mark S. Norris / Rep. Michael Harrison | | Description | Adds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only. | | Senate Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes. |
Taxes Sales - 1 | Category | Taxes Sales | | Sponsors | Rep. James O. Naifeh | | Description | Proposes an amendment to establish a cap on the combined rate of state and local sales and use tax. | | Fiscal Note | Dated: January 28, 2012
Increase state expenditures - $18,000/one-time. | | Senate Status | None | | House Status | 02/01/2012 - House General Subcommittee of Finance deferred to 02/22/12. | | Caption | A RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation. |
Tort Liability - 10 | Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Specifies
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. | | Amendment | House
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 Note | Dated: August 5, 2011
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system. |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Bars
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Provides
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 Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability. |
| Category | Tort Liability | | Sponsors | Sen. Bill Ketron / Rep. Pat Marsh | | Description | Rewrites
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 Note | Dated: January 5, 2012
Not significant. | | Senate Status | 01/31/2012 - Senate Judiciary deferred to 02/21/2012. | | House Status | 02/01/2012 - House General Subcommittee of Judiciary deferred to 02/22/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and
Title 70, Chapter 7, relative to recreational land use. |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Establishes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 29, relative to the
liability of a possessor of real property for harm to a trespasser. |
| Category | Tort Liability | | Sponsors | Sen. Mike Bell / Rep. Jeremy Faison | | Description | Specifies
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 33, Chapter 2, relative to
actions against licensed providers of certain services. |
| Category | Tort Liability | | Sponsors | Sen. Mike Bell | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | None | | Caption | AN ACT to amend Tennessee Code Annotated, Title 70, Chapter 7, relative to liability of landowner for recreational activities. |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | As
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 29-26-121, relative to medical malpractice claims. |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Provides
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 29-26-115, relative to expert testimony. |
| Category | Tort Liability | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Provides
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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 | Category | Transportation Vehicles | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Changes
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 Status | 02/09/2012 - Set for Senate Consent 2 02/13/12. | | House Status | 02/09/2012 - Set for House Floor 02/13/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports. |
| Category | Transportation Vehicles | | Sponsors | Sen. Mae Beavers / Rep. Mark Pody | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Transportation & Safety Committee. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Transportation. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, Part 3, relative to the issuance of driver licenses. |
| Category | Transportation Vehicles | | Sponsors | Sen. Steve Southerland / Rep. David B. Hawk | | Description | Prohibits
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 Status | 02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12. | | House Status | 02/08/2012 - House General Subcommittee of Commerce deferred to 02/22/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 55-8-198, relative to
the disclosure of citations based on traffic surveillance cameras. |
| Category | Transportation Vehicles | | Sponsors | Sen. Brian K. Kelsey / Rep. Linda Elam | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/30/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles. |
| Category | Transportation Vehicles | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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 | Category | Workers Compensation | | Sponsors | Sen. Reginald Tate / Rep. Antonio Parkinson | | Description | Provides indigent workers' comp claimant with an attorney from department if employer is represented by attorney. | | Senate Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50,
relative to legal representation for unemployment security claimants. |
| Category | Workers Compensation | | Sponsors | Rep. Antonio Parkinson | | Description | Requires
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 Note | Dated: January 14, 2012
Increase state revenue $88,500/General Fund.
Increase state expenditures $448,700/General Fund.
$23,300/Unemployment Insurance Trust Fund. | | Senate Status | None | | House Status | 02/09/2012 - Withdrawn in House. | | Caption | AN
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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