March 3, 2005

TBA bills on the move in General Assembly
The push to have TBA-backed legislation heard early in the session continued this week, with one bill going before the Judicial Council for recommendation and two other bills being queued for committee consideration.

This strategy will hopefully help move the bills through the General Assembly before it has to deal with TennCare issues. Uncertainty surrounding the state insurance program could tie up the legislature for a prolonged period of time, especially if the courts do not accept Gov. Bredesen’s plans for reducing coverage. If that happens, all legislation could get tied up as the governor looks for new cuts or new revenues to fund programs he now hopes to pay for with TennCare savings.

Judicial Council reviews probate bill
The first TBA-backed bill to be heard — probate reform bill HB1001/SB1162, sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville — was being considered today by the Judicial Council after being voted out of the House Civil Practice Subcommittee. If it gets a favorable recommendation, the bill could go before the full House Judiciary Committee next week.

Section completes amendment for LLC bill
The TBA’s Business Law Section has completed its work on a final proposed amendment to the bill, SB421/HB1121, which would reform the Limited Liability Company Act. Sponsors Sen. Joe Haynes, D-Nashville, and Rep. Kim McMillan, D-Clarksville, will now likely request a hearing at the earliest possible date for the bill in the Senate Commerce, Labor and Agriculture Committee. The bill has been assigned to the Judiciary Committee’s Civil Practice and Procedure Subcommittee in the House.

Domestic relations bill on notice in Senate Judiciary
The TBA-backed bill that would divorce the statutory provisions of child support from those of spousal support, without changing any substantive rights, has been put on notice for the Senate Judiciary Committee and could be heard the week after next. The bill, SB2091/HB2244, is being sponsored by Rep. McMillan in the House and Sen. Doug Henry, D-Nashville, in the Senate. This measure will allow further refinement of the child support language to eliminate archaic provisions and outmoded terminology.

Other issues of interest
The TBA continues to work with the Administrative Office of the Courts and other interested parties in regard to the proposed Rules of Civil Procedure. The rules have drawn substantial discussion because of the proposed changes that would make unfiled settlements and discovery public court records. This proposal has been retained at the committee for further study.

Also under review by TBA legislative observers are a number of bills dealing with domestic relations, proposals dealing with workers’ comp insurance and measures proposing “tort reform” that would limit public access to the courts.

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 scobb@tnbar.org or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org