April 14, 2005

Probate bill goes to governor for signature
After passing 93-0 in the House and 31-0 in the Senate, the TBA-backed Probate Reform Bill (HB1001/SB1162) has been transmitted to the governor for his approval. A public chapter number should be assigned within the next week or two.

LLC bill passes Senate
The bill to reform the Limited Liability Company Act (SB421/HB1121) passed the Senate 28-0 and is scheduled for action next week in the full House Finance, Ways and Means Committee. It is anticipated that an amendment the TBA prepared with the assistance of the Secretary of State’s office, which would remove the fiscal note, will be acted on by the committee with no problems. This should lead to passage late next week. Sen. Joe Haynes, D-Nashville, and Rep. Kim McMillan, D-Clarksville, are the bill’s sponsors.

Domestic relations deferred in House at TBA request
The TBA-backed domestic relations bill (SB2091/HB2244) passed the Senate 33-0. At the TBA request the bill was deferred two weeks in House Calendar and Rules to allow for preparation of further amendments. The bill which would divorce the statutory provisions of child support from those of spousal support, will now go before the full Children and Family Affairs Committee in the House on Wednesday. Sponsors of the bill are Rep. Kim McMillan, D-Clarksville, and Sen. Douglas Henry, D-Nashville.

Other bills of interest
• HB1277/SB0752, sponsored by Rep. Fowlkes, D-Cornersville, attempts once more to clarify that errors in the acknowledgement or notary forms should not determine the ownership of property. Some bankruptcy courts over the years have set aside security interests or even deeds because the notary form contained “errors.” The legislature has, on several occasions over the years, attempted to resolve this problem with some success. HB1277/SB0752 goes further by declaring that any document accepted for filing by a clerk is notice to the world of its contents, irrespective of any technical notary form problems.

• The major ethics legislation passed recently by the House — 95-0 — passed out of the Senate State and Local Government Committee and is scheduled for floor action today and continues to be a major issue before the General Assembly. The TBA has been concerned that there be no confusion between “lobbying” activities of legislators and the normal activities of lawyers representing individual clients before executive branch agencies. The TBA was concerned that because of the technical aspects of the current definition of “lobbying,” lawyer-legislators might inadvertently be forbidden to represent their clients before quasi-judicial state agencies in the normal course of their law practices. We are very grateful for the bipartisan cooperation we have received to date in dealing with these issues.

• HB2323/SB2307, which pertains to the recoupment of funds from the estates of Medicaid or Tenncare beneficiaries was delayed one week at the request of TBA representatives. The TBA is grateful for the sponsor and the administration’s willingness to permit concerned TBA representatives to prepare and submit suggestions for changes in this measure.

• Senate Joint Resolution 61 calls for a constitutional amendment to permit recall elections for a variety of public officials, including judges. This measure was deferred for one week in the Senate Judiciary Committee.

• A domestic relations bill that the TBA has been watching was deferred a week in the House Family and Children’s Affairs Committee. The bill would create the possibility of suing for pain and suffering and punitive damages for adultery or alienation of affections in divorce actions,

• A bill sponsored by Speaker Pro Tem Rep. Lois Deberry would provide that class certification or decertification decisions would be appealable as of right to the Court of Appeals and Supreme Court. The TBA considers that this sort of measure is best handled through the court rule-making process. It passed out of House subcommittee with no dissenting votes.

• Leaving so soon? The legislature is showing the first signs of wrapping up this session. Several subcommittees of the House Judiciary Committee have announced that they are going to hold their final meetings next week. While an additional meeting thereafter would not shock Capitol Hill observers, this is a sign that the General Assembly may indeed be anticipating adjournment in late May.

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