Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
March 11, 2004
Calendars packed as General Assembly moves into high gear
The Tennessee General Assembly moved into high gear this week with record length calendars in many committees. In the Senate Commerce Labor and Agriculture Committee, for example, the pre meeting went on for several hours and the committee was only able to get through a portion of its agenda.
Amended Health Care Decisions Act advances from House Judiciary
The bill HB2581, SB2312 to establish a new system of surrogacy when an incapacitated patient has no living will or durable power of attorney for health care advanced out of House Judiciary Committee, but only after the committee amended the bill to preserve the living will and durable power statutes and documents prepared under those statutes.
The TBA has pressed for adoption of that amendment to maintain the integrity of the many advance directives created since 1990 when Tennessee first recognized living wills and durable powers for healthcare. The bill, prepared by a Department of Public Health Task Force made up of health care providers, would have repealed the present law and provided that the existing documents be interpreted under the new law.
Summons in lieu of arrest bill moves out of subcommittee
The bill HB3008, SB2922 that attempts to reverse the action taken by the legislature last year in requiring the participation of a police officer before a citizen can swear out an arrest warrant moved out of subcommittee in the House this week. Last year's sponsor, House Judiciary Committee Chair Joe Fowlkes, the TBA and the Judicial Council have suggested some alternatives to address concerns raised by sheriffs, magistrates and others, but the amendment attached did not incorporate those suggestions. The TBA is working with Rep Fowlkes on another bill to which Fowlkes will be added as a sponsor.
Uniform Trust Code will wait for committee hearing
The joint TBA-Tennessee Bankers Association backed bill that would enact a Tennessee version of the Uniform Trust Code (HB0743, SB0560) was re-set for next week in House Judiciary when the committee ran out of time on a long calendar.
Action on merit selection bill also delayed
Another casualty of the long House Judiciary calendar was the bill HB2637, SB2592 sponsored by Rep. Dwayne Bunch to repeal the Tennessee Plan for merit selection and retention of judges.
Bill amended to call for study of Parenting Plan form
The bill HB2614, SB3034 was amended to delete the form for parenting plans that was to be incorporated into the statute. In its place is a call for a study, with input from the TBA, that the sponsor hopes will lead to a form that can be used in any court statewide. He had asked our advice and counsel, and we were happy to work with him on the bill.
Bill deferred on shifting title at repossession
The bill SB2815, HB2740 was deferred by its Senate sponsor at the request of the TBA to hear the concerns about its impact on bankruptcy proceedings expressed by the Chapter 13 Trustee and others. The bill as written would immediately vest title to secured property in the creditor upon repossession. The House bill was also rolled one week in the House Civil Practice Subcommittee. The TBA supported the amendments to Article 9 of the UCC two years ago and has suggested that the balance between the secured creditor and the debtor represented by those amendments is proper and no change is needed.
Domestic relations legislation still a concern
Domestic relations legislation remains a major concern. Several bills establishing a rebuttable presumption of joint parenting, equal division of time with the children between the parents, changing the definition of substantial change in circumstances, etc. were before both the House and Senate committees this week. All were deferred, although one is dead in the House. The TBA is working with proponents of the bill spelling out various types of material changes in circumstances that might help courts deal with the issue of when to reopen visitation schedules as children get older.
Tax ID for UCC filings
The bill SB2905, HB2735 was taken off notice in the Senate Commerce Committee. This bill would have added the social security number or tax ID number of the debtor to the UCC-1 financing statement. In addition to failing to provide a method of searching the records because the Secretary of State's system is not set up for this, the TBA expressed privacy concerns about making social security and tax id numbers public record in this fashion.
Taxation of family trusts
TBA officials met at some length with representatives of the Department of Revenue and staff of the fiscal review committee regarding the fiscal note on the TBA's bill regarding the treatment of certain trusts in
Family Limited Liability Companies
The Department had no information on actual collections but "estimated" the loss of revenue to the state to be in excess of $100,000 based on the assumption that some practitioners would cause their clients to pay the tax in error or that for some reason clients in some circumstances would elect to make the tax payment. With a fiscal note of that size, the bill has no hope of passage.
Keep up to date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
