BANKING & CREDIT
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SB 2552*
HB 2866
(Full Text) |
Acceptable forms of payment for mortgages. Clarifies current definitions of instruments presently acceptable for payment under Residential Closing Funds Distribution Act of 2005. Adds a direct deposit made by a financial institution to the account of the settlement agent held at the same financial institution as an acceptable form of payment. (S: Ketron; H: DuBois)
Senate Co-Sponsors: Southerland; McLeary Senate amendment 1 clarifies what constitutes "good funds" by removing limitations on teller's checks and the phrase "any other good check". Requires checks to be issued by a financial institution. Adds definition of commercial real estate.
Senate Status: Senate 04/13/2006 passed with amendment.
House Status: House passed 04/27/2006.
Other Status: Enacted as Public Chapter 0632 (effective 07/01/2006).
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SB 2553*
HB 2865
(Full Text) |
Residential Closing Funds Distribution Act - exclusions. Excludes properties sold to builders and subdivision developers from real estate subject to the Residential Closing Funds Distribution Act. (S: Ketron; H: DuBois)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/11/2006.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee 04/12/2006.
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SB 3183*
HB 3761
(Full Text) |
Revises the Residential Closing Funds Distribution Act. Adds direct deposit or intra bank transfer to the account of the settlement agent to the list of acceptable forms of disbursement of loan funds. Clarifies that all mortgage loans must comply with the provisions of the federal Truth-in-Lending Act as well as all applicable regulations and interpretations. Specifies that a settlement agent may not refuse to accept funds if presented in an authorized form. Changes the penalty against any party for failure to comply with applicable mortgage regulations from assessment of a $1,000 fine or double the amount of interest payable on the mortgage loan for the first sixty days after the loan closing, whichever is greater, to a $1,000 fine or an amount equal to the interest payable on the loan for an equal period. (S: Cooper J.; H: McCord)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce Utilities & Banking Subcommittee 04/12/2006.
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CAMPAIGNS & LOBBYING
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SB 2423*
(Full Text) |
Tennessee Governmental Ethics and Disclosure Act of 2006. Enacts the Tennessee Governmental Ethics and Disclosure Act of 2006. Expands scope and frequency of campaign finance reporting requirements. Makes culpable the treasurer of any candidate's election campaign in the event that rules of the registry of election finance are violated and civil penalties assessed. Limits all contributions, in the aggregate, to $200,000 to all candidates, multicandidate political campaign committees and political parties on the state level. (Broadly captioned.) (S: Williams Mike R.)
Senate Status: Referred to Senate Government Operations.
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SB 2690*
HB 3111
(Full Text) |
Definition of consulting services. Clarifies that the definition of "consulting services" does not include attorneys representing clients in contested case hearings, administrative proceedings and rule-making procedures. (S: Bryson; H: Casada)
Senate Status: Referred to Senate State & Local.
House Status: Referred to House State & Local Government.
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SB 3851*
HB 3963
(Full Text) |
Technical corrections to ethics legislation. Makes technical corrections and clarifies provisions of Comprehensive Governmental Ethics Reform Act of 2006. (S: Williams Mike R.; H: McMillan) House State & Local amendment 1 deletes the language 'and expense' in the first section of the ethics bill.
Senate Status: Senate passed 05/03/2006.
House Status: Held on House clerk's desk.
|
SB 3974
HB 3932*
(Full Text) |
Requirements for lobbyist disclosing current legislation. List requirements for each lobbyist electronically filing a registration statement as a component of the registration process. Specifies that lobbyists must file name, business address, telephone number, and e-mail. Also specifies that legislation actively lobbied for such employers during the registration year by means of direct communication with the governor specifically urging passage, defeat, or amendment of the legislation, to be identified by bill or resolution number. (S: Herron; H: Maddox)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
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COMMERCIAL LAW
|
SB 3324*
HB 3413
(Full Text) |
TN Revised Nonprofit Limited Liability Company Act. Makes various changes to the "Tennessee Revised Limited Liability Company Act." Enacts the "Tennessee Revised Nonprofit Limited Liability Company Act" that allows a nonprofit corporation to form a domestic nonprofit LLC by filing articles of organization with the secretary of state that prominently designate it as a nonprofit LLC and that comply with the LLC Act. Also allows a foreign nonprofit LLC to obtain a certificate of authority to transact business in this state under the LLC Act as a nonprofit LLC only if the foreign nonprofit LLC is disregarded as an entity for federal income tax purposes and is exempt from franchise and excise taxes due to being a not-for-profit corporation (19 pp.). (S: Haynes; H: McMillan) Senate amendment 1 makes a technical correction. Corrects coding errors and changes the language "effective and date" to "time and date".
Senate Status: Senate 04/03/2006 passed with amendment.
House Status: House passed 04/20/2006.
Other Status: Enacted as Public Chapter 0620 (effective 07/01/2006).
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CRIMINAL LAW
|
SB 0203*
HB 0180
(Full Text) |
Indigent defendants' rights. Specifies that a defendant that is indigent in any case has the right to a hearing in open court to determine that investigation of expert services are necessary to ensure the defendant's constitutional rights are protected. Prohibits ex parte hearings or meetings between the trial judge and the counsel to determine the necessity of service. Allows the victim to attend any hearing where the defendant has a right to be present. (S: Fowler; H: Johnson R.) House Judiciary Constitutional Protections Subcommittee amendment 1 makes the bill. Clarifies that in all criminal cases an attorney can seek expert services. Specifies that attorneys in non-capital trials may not request funding for ex parte hearings except when requesting such funds for psychological examination.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Judiciary 04/04/2006.
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SB 0326
HB 0173*
(Full Text) |
Appellate court opinions for criminal defendant. Requires appellate courts to deliver opinions involving criminal defendants to the state and to the defendant's counsel at least 48 hours prior to being made public. (S: Miller J.; H: McKee)
Senate Status: Senate Judiciary deferred to 05/03/2005.
House Status: Taken off notice in House Judicial Administration Subcommittee.
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SB 1678*
HB 1722
(Full Text) |
Restoration of citizens' rights. Revises procedures by which convicted felons citizens' rights are to be restored. (S: Cohen; H: Turner L.)
Senate Co-Sponsors: Kilby; Bowers
House Co-Sponsors: Marrero; Jones U; Cooper B.; Brooks, Henri; Favors; Shaw; Langster; Tidwell; Briley; Brown House amendment 4 requires that a person convicted of an infamous crime be current in all child support obligations in order to have the right to suffrage restored and to be eligible to apply for a voter registration card. House amendment 6 corrects the effective date and corresponding dates in this bill to July 1, 2006. House amendment 8 adds a severability clause. Senate amendment 1 requires a certificate be approved by board of elections before voting rights can be restored. Senate amendment 2 changes to reference parts 1, 2, or 5 rather than parts 1, 2, 5, or 6. Specifies that restitution must be paid in full. Senate amendment 3, as amended, makes applicable to those convicted
on or after July 1, 2005, and states that voter rights may not be restored to those convicted of sexual felonies in which the victims are minors.
Tennessee Judicial Council comment: Provision was very similar to other proposed legislation and that one consolidated bill would be preferable. The council also advised that a hearing before a judge was advisable before a convicted felon has full rights restored but that the process should not necessitate legal counsel because of the financial burden to the convicted person. Oversight Corrections Committee comment: Issuance of the certificates would add minimal extra responsibilities to the duties of the board of probation and paroles, the department of corrections and local jails.
Senate Status: Senate 05/17/2006 concurred in House amendments 4, 6 and 8.
House Status: House 05/11/2006 withdrew House amendment 2 and passed with amendments 4, 6 & 8.
Other Status: Sent to governor 05/17/2006.
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EDUCATION
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SB 2586*
HB 2808
(Full Text) |
Commission on civic education. Establishes a commission on civic education, composed of at least 13 members, that is administratively attached to the department of education. (S: Woodson; H: Winningham)
Senate Co-Sponsors: Ketron; Beavers; Black; Bowers; Bryson; Burchett; Cohen; Cooper J.; Crowe; Crutchfield; Finney; Fowler; Harper; Haynes; Henry; Herron; Jackson; Kilby; Kurita; Kyle; McLeary; McNally; Norris; Person; Ramsey; Southerland; Tracy; Wilder Senate amendment 1 increases the membership of the commission on civic education from 13 to 14 members by adding a member from the Tennessee business community to those appointed by the governor. Specifies that a member would be appointed from a professional association representing educators, instead of the Tennessee education association specifically, and from the Tennessee legal community, instead of the Tennessee Legal Community Foundation. House Education amendment 1 makes the Tennessee Bar Association a 14th member
of the commission. Defines the makeup of the committee.
Senate Status: Senate 05/10/2006 passed with amendment 1.
House Status: Set for House floor 05/26/2006.
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FAMILY LAW
|
SB 0033*
HB 1231
(Full Text) |
Requirements for lawyers working on divorce cases. Requires lawyers that are involved with a divorce, separation, or annulment to provide the parties involved a statement of financial obligations and an estimate of charges likely to incur. Specifies that if the lawyers fail to do so they can be disciplined. (S: Cohen; H: Odom)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
|
SB 0150*
HB 0872
(Full Text) |
Limits retroactive parental liability for child support. Limits retroactive parental liability for child support once the state is given custody of the child if no order or support hearing is set within 45 days. (S: Fowler; H: DeBerry J.)
Senate Status: Senate passed 05/04/2005.
House Status: Referred to House Family Justice Subcommittee.
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SB 0554
HB 0123*
(Full Text) |
Child abuse reporting. Requires individuals to report suspected child abuse to the department of children's services, either by contacting a local representative of the department or by utilizing the department's centralized intake procedure, rather than reporting such abuse to the county office of the department as is in current law. Removes the current option for a staff member at a hospital, clinic, school, or any other organization responsible for the care of children to report suspected child abuse to a designated person in charge of making reports, and instead requires such staff member to report directly to the department. (S: Burks; H: Jones S.)
Senate Co-Sponsors: Crutchfield; Jackson; Kurita; Ketron Senate amendment 1 clarifies that hospitals may have a procedure for internally tracking or investigating reports made by a staff member, requiring such member to provide a copy of the report to the organization, so long as such procedure does not interfere with
such member's duty to report child abuse or neglect.
Senate Status: Senate 05/05/2005 passed with amendment.
House Status: House passed 05/05/2005.
Other Status: Enacted as Public Chapter 0185 (effective 07/01/2005).
|
SB 0628
HB 0561*
(Full Text) |
Child custody and visitation. Specifies that a court in a child custody case is not required to designate one parent as the primary custodial parent where the court has awarded joint custody to the parents or where parenting time is to be shared by the parents on an equal or substantially equal basis. (S: Black; H: Bunch)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
|
SB 0702*
HB 0951
(Full Text) |
Limits on protection orders. Revises scope of protection orders involved in domestic abuse cases. Under this revision, a protection order may no longer include the granting to the petitioner possession of the residence, the eviction of respondent, awarding of temporary custody or visitation rights with regard to minor children, or awarding of financial support to the petitioner. Protection order may not direct respondent to attend counseling programs that address violence and control issues or substance abuse problems. (S: Haynes; H: Cochran)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Domestic Violence Task Force.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/03/2005.
|
SB 0987
HB 0761*
(Full Text) |
Divorce on grounds of irreconcilable differences. Specifies that parties in divorce proceedings are not required to submit a written agreement concerning the distribution of marital property but may present their cases to the court concerning the equitable distribution of the marital property in the event that the divorce is sought on the grounds of irreconcilable differences. (S: Cohen; H: Odom)
Tennessee Judicial Council comment: Bill does not change current law substantially and that it might increase contested litigation. Noted that this could be done through court reviews.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Children & Family Affairs.
Other Status: Tennessee Judicial Council 03/03/2005 reviewed the bill with comment.
|
SB 1782*
HB 1729
(Full Text) |
Equally shared parenting time is in child's best interest. Creates a rebuttal presumption that equally shared parenting is in the best interest of the child during court custody arrangements. Clarifies that the court has the widest discretion in determining appropriate custody arrangements for a child. (S: Jackson; H: Fowlkes)
House Co-Sponsors: Casada; Turner M.; DeBerry J.; DuBois; Bowers; Maggart; Eldridge; Rowland; Bunch; Kelsey; Odom; Cooper B.; Hill; Campfield; Sargent
Senate Status: Senate passed 04/18/2005.
House Status: Withdrawn in House 04/24/2006.
|
SB 1808
HB 0501*
(Full Text) |
Child custody. Mandates when parents disagree on custody the court shall order joint physical custody. Authorizes the court wide discretion in determining the timing and duration of legal custody alterations. Specifies the result will be equal schedules unless one parent agrees to their schedule being less than equal. (S: Herron; H: McDaniel)
Tennessee Judicial Council comment: States if parents cannot agree then it will be difficult to get a custody agreement.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
Other Status: Tennessee Judicial Council 03/03/2005 reviewed the bill with comment.
|
SB 3478
HB 3146*
(Full Text) |
Covenant Marriage Act of 2006. Enacts the "Covenant Marriage Act of 2006." Allows a man and woman to contract a covenant marriage by declaring their intent to do so on their application for a marriage license, and executing a declaration of intent to contract a covenant marriage. Requires the declaration of intent to be filed with the county clerk in conjunction with the filing of the marriage license. Specifies contents of declaration of intent. (S: Ketron; H: DuBois)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Government Operations 04/19/2006.
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GOVERNMENT ORGANIZATION
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SB 3016*
HB 3542
(Full Text) |
General assembly attorneys on boards or commissions. Prohibits members of the general assembly who are attorneys from representing clients which are regulated by any board, commission or governmental entity in which such attorneys hold leadership or oversight position. (S: Bowers; H: Kernell)
Senate Status: Taken off notice in Senate State & Local Government 04/18/2006.
House Status: Taken off notice in House State Government Subcommittee 04/18/2006.
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SB 3242*
HB 3304
(Full Text) |
Public election of solicitor general. Establishes the elected office of solicitor general for the November 2006 election onward. Specifies that the solicitor general will be a four-year term executive head of the state's legal department. Transfers to such office certain duties currently performed by attorney general and reporter. Places TBI and the registry of election finance under jurisdiction of solicitor general. (S: Kurita; H: Niceley) Senate Judiciary amendment 1 moves election to general election in November 2008 with the popularly elected solicitor general to take office in 2009; deferring cost to 2009.
Senate Status: Taken off notice in Senate Government Operations 05/23/2006.
House Status: House Budget Subcommittee deferred to next meeting.
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HEALTH CARE
|
SB 1589
HB 0087*
(Full Text) |
Exceptions to medical information confidentiality. Specifies certain instances that medical information confidentiality can be waived. Includes instances in which patient or guardian waives consent, consent is waived by spouse or estate executor after a patient's death, and instances involving civil or wrongful death actions. (S: Norris; H: Overbey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
INSURANCE GENERAL
|
SB 3983
HB 3676*
(Full Text) |
Tennessee Public Adjuster Licensing Act of 2006. Establishes licensure requirements for public adjusters. Specifies that licensure of public adjusters is to be administered by the department of commerce and insurance. Authorizes the commissioner to obtain fingerprints and perform criminal background checks on applicants seeking such licensure (24 pp.). (S: Cooper J.; H: Odom)
Senate Co-Sponsors: Bowers; Burchett Senate amendment 7 replaces the requirement that a public adjuster not charge a fee on any advance payment for the purpose of reimbursement of living expenses with a requirement that a public adjuster not charge a fee on any advance payment made prior to the contract between the insured and the public adjuster. Senate amendment 8 limits the amount of a fee that a public adjuster may charge to 10 percent if the insured has obtained a home mortgage in the amount of 100 percent of the appraised value of the home, and the insurance settlement is a total loss of
such home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first 12 months of the term of such home mortgage. House amendment 1 eliminates the section regarding adjuster acquiring salvage of property. House amendment 2 rewrites the bill. Enacts the "Tennessee Public Adjuster Licensing Act of 2006". Governs the qualifications and procedures for the licensing of public adjusters. Specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting the insured in first party claims. Requires all public adjusters be licensed, except for the following: attorneys, life or health insurance claims settlers, loss fact finders, health care providers, persons who settle subrogation claims, or persons employed or contracted by an insurance company. Lists criteria for public adjuster license application, including fingerprints for a background check by the TBI and FBI and a licensing examination.
Sets license termination at two years. Requires applicant to have a security bond minimum of $50,000 and an errors and omissions insurance policy minimum of $500,000. Allows reasonable fees to be charged. House amendment 3 defines catastrophic disaster. Changes 20 percent to 25 percent, concerning the fees adjusters may charge. Requires Notification of insured verbally and in writing to the insured concerning their rights. Does not apply to commercial insurance. Corrects typographical errors. House amendment 4 makes technical corrections.
Senate Status: Senate 05/24/2006 passed with amendments 7 and 8. b Senate Amendment 7 replaces the requirement that a public adjuster not charge a fee on any advance payment for the purpose of reimbursement of living expenses with a requirement that a public adjuster not charge a fee on any advance payment made prior to the contract between the insured and the public adjuster. Senate amendment 8 limits the amount of a fee that a public adjuster may charge to 10 percent if the insured has obtained a home mortgage in the amount of 100 percent of the appraised value of the home, and the insurance settlement is a total loss of such home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first 12 months of the term of such home mortgage.
House Status: House 05/25/2006 concurred with Senate amendments 7 and 8.
Other Status: Sent to governor 05/25/2006.
|
HB 0054*
(Full Text) |
Investigation of disputed insurance claims. Prohibits an insurance company from taking sworn statements of a policy holder during an investigation of a disputed claim unless such policy holder has the assistance of legal counsel. Specifies that a violation is a Class C misdemeanor punishable by a fine of not less than $100 nor more than $1,000. (H: Fowlkes)
House Status: Referred to House Commerce.
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JUDICIARY
|
SB 0279*
HB 2003
(Full Text) |
Election of supreme court and appellate court judges. Specifies that all judges of the supreme court, court of appeals, and court of criminal appeals be elected at contested elections in the same manner as trial court judges. Replaces the Tennessee Plan as the method of selecting appellate court judges. (S: McNally; H: Bunch)
House Co-Sponsors: Cochran
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 0329
HB 0175*
(Full Text) |
Revises judicial election laws. Specifies judicial election laws for supreme court justices and all appellate judges. Ends the Tennessee plan of judicial selection. (S: Miller J.; H: Newton)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Judicial Administration Subcommittee 03/09/2005.
|
SB 0472*
HB 0913
(Full Text) |
Award for non-compensatory damages. Precludes trier of fact in a civil action from awarding non-compensatory damages where comparative fault is an issue and defendant is less than 50 percent at fault. (S: Finney; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
|
SB 0534*
HB 0541
(Full Text) |
Supreme court justices - popular election. Provides for popular election at large of supreme court justices and all appellate judges. Abolishes the Tennessee plan of judicial selection. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 0541*
HB 0545
(Full Text) |
Appellate court judges to be elected by voters of the state. Requires, effective with the August 2006 judicial elections, that appellate court judges be elected by the qualified voters of the state at large as provided by law. (S: Fowler; H: Bunch)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 1155
HB 0813*
(Full Text) |
Judicial selection commission expanded. Increases the judicial selection committee from 17 members to 18 members by adding one member of the senate judiciary committee and one member of the house judiciary committee. Specifies the new members are ex-officio and non-voting members. (S: Fowler; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
|
SB 1451*
HB 1170
(Full Text) |
Constitutional rights of indigent defendants. Permits court of record that has found defendant to be indigent to hold hearing in open court to determine that investigative or expert services are necessary to ensure that the constitutional rights of defendant are protected. (S: Jackson; H: Buck)
Senate Co-Sponsors: Henry
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary Criminal Practice Subcommittee 04/12/2005.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/03/2005.
|
SB 1630
HB 0757*
(Full Text) |
Discussions between attorneys and health care providers. Allows attorneys and health care providers to hold discussions prior to depositions. Waives any confidentiality covenants for purposes of discussions between attorneys and health care providers if any such health care provider is scheduled for a deposition or to testify for a trial. (S: Norris; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 1636
HB 0564*
(Full Text) |
Persons requesting to serve process. Requires person requesting appointment to serve process file petition with sheriff instead of county clerk. Gives further qualifications in order to serve. Raises fee to $200 from $100. Allows sheriff to prescribe additional rules and has the power to revoke the authority of any person who has violated laws. Issues an identification card for $60. Provides that if a server executes false return of service, such server is guilty of a Class C misdemeanor and can be permanently barred from serving. (S: Norris; H: Towns)
Tennessee Judicial Council comment: Bill has been referred to study committee.
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Judiciary Summer Study Committee 06/16/2005.
Other Status: Tennessee Judicial Council 04/07/2005 reviewed the bill with comment that bill has been referred to study committee.
|
SB 1708
HB 0638*
(Full Text) |
Governor must state reasons for rejection of judge nominees. Allows the governor to require the commission to submit another panel of three nominees for a vacant trial judge. Mandates if the governor rejects a panel of nominees for a vacant trial judge, then the governor will state the reasons for the rejection of the panel in writing for the judicial selection commission. (S: Norris; H: Cochran) House Judiciary amendment 1 makes the bill. Allows the governor to request a new list of three nominees for vacant trial judge position if he rejects the entire first panel of three nominees, conforming to the selection of trial judges to that used for appellate judges.
Senate Status: Taken off notice in Senate Judiciary 05/02/2006.
House Status: Failed in House Calendar & Rules 04/25/2006.
|
SB 1974*
HB 1644
(Full Text) |
Judicial council - scope of bills limited. Requires written consent of both prime sponsors before a committee chair in the general assembly can refer a bill not involving judicial positions to the judicial council. (S: Burchett; H: Bowers)
House Co-Sponsors: DeBerry J.
Senate Status: Senate State & Local Government 03/15/2005 recommended.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 reviewed the bill with comment.
|
SB 2233
HB 2185*
(Full Text) |
Solicitor general position and duties. Establishes elective office of solicitor general within the executive branch. Transfers to such office certain duties currently performed by attorney general and reporter. (S: Beavers; H: Mumpower)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 reviewed the bill with comment.
|
SB 2467*
HB 3224
(Full Text) |
Selection of appellate court judges. Changes the procedure to fill a vacancy in an appellate court and specifies that the senate has twelve months to confirm a nomination. (S: Finney; H: Kelsey)
Tennessee Judicial Council reviewed 03/09/2006. Made comments: Judicial Council raises concerns about the one year timeframe in which to act, an out-of-session nomination and the delays that would create, and suggests this is a policy matter for the general assembly.
Senate Status: Taken off notice in Senate Judiciary.
House Status: Referred to House Judiciary.
Other Status: Tennessee Judicial Council reviewed 03/09/2006.
|
SB 2863*
HB 3255
(Full Text) |
Room and board for juries. Increases to $1,500 from $500 the maximum daily amount courts can pay for room and board for a jury. (S: Cohen; H: Jones U.) Senate amendment 1, House Budget Subcommittee amendment 1 reduces $1,500 to $1,000.
Senate Status: Senate Finance, Ways & Means 05/26/2006 recommended. Sent to Calendar Committee. Set for Senate floor #2 05/26/2006. Senate 05/26/2006 passed with amendment 1 which reduces $1,500 to $1,000.
House Status: Set for House floor 05/26/2006.
|
SB 3279*
HB 3530
(Full Text) |
Selection criteria for the judicial selection commission. Revises the selection criteria for the judicial selection commission. (S: Fowler; H: Harwell)
Tennessee Judicial Council reviewed 03/09/2006. Made comments: Judicial Council raises concerns with the requirement that it be representative of political affiliations.
Senate Status: Taken off notice in Senate Judiciary 04/18/2006.
House Status: Failed in House Judicial Administration Subcommittee 04/05/2006.
Other Status: Tennessee Judicial Council reviewed 03/09/2006.
|
SB 3290*
HB 3240
(Full Text) |
Judicial elections. Requires that at the August 2006 judicial elections the judges of the supreme court, court of appeals, and court of criminal appeals be elected at large by the voters of the state. Deletes Tennessee Plan for selection of judges. (S: Fowler; H: Cochran)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Judicial Administration Subcommittee 04/05/2006.
Other Status: Tennessee Judicial Council reviewed 03/09/2006.
|
SB 3310*
HB 3949
(Full Text) |
Judicial selection commission members cannot be nominated. Prohibits judicial evaluation commission members from being eligible for nomination by the judicial selection commission during such member's tenure on the judicial evaluation commission and for two years thereafter. (S: Haynes; H: Briley) Senate amendment 1 rewrites the bill. Prohibits a member of the judicial evaluation commission from seeking an appellate judgeship made available due to the commission's recommendation against retention of the incumbent judge.
Tennessee Judicial Council reviewed 03/09/2006. Made comments: Judicial Council suggests that this would need to apply for trial positions as well and is a worthy goal for ensuring impartiality.
Senate Status: Senate 05/10/2006 passed with amendment 1.
House Status: House 05/10/2006 passed.
Other Status: Enacted as Public Chapter 0688 (effective 05/18/2006).
|
SB 3335*
HB 3265
(Full Text) |
Creation of new judicial positions. Specifies that the comptroller of the treasury perform an audit to assess the needs of the judicial district prior to the creation of any new judicial position. (S: Cooper J.; H: Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/20/2006.
|
SB 3498
HB 3239*
(Full Text) |
Membership of judicial selection committee. Increases judicial selection committee membership from 17 members to 19 members. Adds one appointee from list of nominees submitted by minority party caucus for each house of general assembly. (S: Ketron; H: Cochran)
Senate Status: Taken off notice in Senate Government Operations.
House Status: Taken off notice in House Judicial Administration Subcommittee 04/05/2006.
Other Status: Tennessee Judicial Council reviewed 03/20/2006.
|
SB 3699*
HB 3612
(Full Text) |
Base salary increase for state judges. Increases the base annual salary for chancellors, circuit court judges, criminal court judges from $118,548 to $140,000; for judges of the court of appeals and criminal appeals from $3,500 to $5,000 in excess of that received by trial judges; for supreme court justices from $7,500 to $10,000 in excess of that received by trial judges as of September 1, 2006. Specifies that the chief justice of the supreme court shall receive an additional $5,000 per year and the presiding judges of the court of appeals and the court of criminal appeals shall receive an additional $2,500 per year. (S: Henry; H: Fitzhugh)
Senate Co-Sponsors: McNally
House Co-Sponsors: Overbey; Moore; Watson E.; DeBerry J.; Brooks, Harry; DuBois; Sargent; Clem; Coleman; Fowlkes; Marrero; Todd; Langster; Cochran; Hood; Hill; Shaw; Montgomery; Fraley; Cobb; Johnson C.; Bone; Shepard; Pinion; Buck; Tidwell
Council on Pensions and Insurance commented
that
the bill would increase the retirement benefits payable to retirees of the Superseded Judges' and Attorney General Retirement Systems since such retirees of these Systems have retirement benefits based on the annual salary of their last office. The Council also said that the bill will increase the lump sum pension liability by approximately $6,951,000. The annual cost to amortize the additional liability is estimated to be $978,000.
Senate Status: Senate passed 05/08/2006.
House Status: House 05/01/2006 passed.
Other Status: Enacted as Public Chapter 0692 (effective 09/01/2006).
|
HB 2146*
(Full Text) |
Salaries for trial court judges. Provides alternative base salaries for trial court judges, judges of the court of appeals, judges of the criminal court of appeals, and judges of the supreme court, effective September 1, 2006. Specifies that salaries are contingent upon TnCIS being operational and implemented in at least nine counties. (H: Fitzhugh)
House Status: Taken off notice in House Judicial Administration Subcommittee.
Other Status: Tennessee Judicial Council 04/07/2005 reviewed the bill with comment.
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PROFESSIONS & LICENSURE
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SB 0670
HB 0473*
(Full Text) |
Tennessee Public Adjuster Licensing Act of 2005. Requires licensure for public adjusters and outlines qualifications, procedures and standards for such licensure. Makes provision for out-of-state license reciprocity. (S: Cooper J.; H: Odom)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Commerce.
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SB 0783
HB 0325*
(Full Text) |
Private Process Servers Regulatory Act of 2005. Establishes licensure procedures for private process servers. Sets qualifications for eligibility and authorizes the department of insurance to promulgate rules necessary implement such procedures. Requires all applicants for a private process server license to have at least $250,000 of blanket general liability insurance, errors and omissions. Caps the initial licensure fee and annual renewal fee for a private process server at $200. Requires all licensed private process servers to complete annually 16 hours of certified continuing education. Creates a private process server review board, and sunsets such board on June 30, 2007. Grandfathers in any private process servers who have been actively engaged in the serving of process lawfully at least two years prior to enactment of this bill. Creates a Class A misdemeanor for a violation of the licensure process. (S: Burchett; H: Brooks, Harry)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Professional Regulation Subcommittee.
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SB 3415
HB 3234*
(Full Text) |
Advertising by attorneys. Requires attorneys who advertise professional services to include a statement concerning professional liability insurance and include the aggregate liability limits of that policy. (S: Jackson; H: Fowlkes)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary 04/25/2006.
Other Status: Tennessee Judicial Council reviewed 03/20/2006.
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SB 3575
HB 3069*
(Full Text) |
Unauthorized practice of law. Includes other provisions for bringing action lawsuits and expands the private right of action regarding the unauthorized practice of law. Increases the monetary and criminal penalties for the unauthorized practice of law. Increases to $10,000 from $2,000 the civil penalty allowed to be brought by the attorney general and reporter. Increases to $20,000 from $4,000 the civil penalty for a knowing violation of the terms of an injunction. Allows division of fees with a non-licensed attorney as provided for in the rules of professional conduct. Increases the statute of limitations for private action claims from two to three years. (S: Person; H: Fowlkes)
House Co-Sponsors: Coleman House amendment 1 specifies that anyone engaged in "law business" or the "practice of law" in the state of Tennessee shall hold a law license. Senate amendment 2 clarifies the bill. Specifies that the enforcement provisions of this part shall not apply to any person
while practicing before state administrative boards and agencies who is authorized by statute to practice and act in a representative capacity before such state or local administrative boards and agencies.
Senate Status: Senate 05/26/2006 reconsidered their actions in Senate amendment 3 and withdrew amendment 3.
House Status: House 05/25/2006 concurred in Senate amendment 2. House 05/25/2006 non-concurred in Senate amendment 3.
Other Status: Sent to governor 05/26/2006.
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SB 3603*
HB 3452
(Full Text) |
Certification of court reporters. Sets standards for the certification and competency of court reporters. Creates court reporters certification board. (S: Person; H: Sontany)
Senate Status: Withdrawn in Senate 03/01/2006.
House Status: Withdrawn in House 02/27/2006.
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PROPERTY & HOUSING
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SB 3313*
HB 3533
(Full Text) |
Mechanics' and materialmen's liens. Revises definition of "contract price" for purposes of mechanics' and materialmen's liens to include the amount to be paid for furnishing machinery, equipment, services, plus overhead and profit. Specifies that if no price is agreed upon by the contracting parties, then "contract price" means the reasonable value of all work, labor, materials, services, equipment, machinery, overhead and profit covered by the contract. Revises other definitions, including definitions for "extras" and "furnish materials." Requires a lien to be place upon any lot or tract of real property upon which an improvement was made by a prime contractor and any remote contractor, provided the lienor satisfies all applicable requirements. Specifies that the lien is to secure the agreed contract price or, absent an agreed contract price, a reasonable price for the labor, materials, machinery, equipment or services provided by the lienor. Rewrites other provisions governing
mechanics' and materialmen's liens (38 pp.). (S: Haynes; H: Bunch)
House Co-Sponsors: Coleman; Fowlkes
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture.
House Status: House Commerce Industrial Impact Subcommittee deferred to 2007.
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PUBLIC EMPLOYEES
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SB 0959*
HB 1413
(Full Text) |
Private process services. Requires any potential process server requesting for appointment to be permanent resident of Tennessee. Increases the fee for such a petition from $100 to $200. Directs the sheriff to issue identification cards to private process servers. (S: Norris; H: Jones U.)
Senate Status: Referred to Senate Judiciary.
House Status: House Judicial Administration Subcommittee deferred to study committee.
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SB 1495*
HB 1134
(Full Text) |
Disclosure for consulting fees to public officials. Requires person who does business with state, county or municipal government and pays consulting fees to legislative or executive branch, local officials or their immediate family to disclose fee information to the election of registry finance. Requires officials who receive consulting fee to make same disclosure. Makes failure to make disclosure a Class A misdemeanor. (S: Jackson; H: Buck)
Senate Status: Withdrawn in Senate 02/23/2005.
House Status: Taken off notice in House State Government Subcommittee.
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SB 1496*
HB 1135
(Full Text) |
Disclosure for consulting fees to public officials. Requires persons who conduct business with state, county or municipal government and pay consulting fees to the executive or legislative branch, local officials or their immediate family to disclose fee information to the registry of election finance. Requires officials who receive fee to make same disclosure. Makes failure to make disclosure a Class A misdemeanor. (S: Jackson; H: Buck)
Senate Status: Senate State & Local Government Ethics Subcommittee 04/11/2005 recommended. Sent to Senate State & Local.
House Status: Taken off notice in House State Government Subcommittee.
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TENNCARE
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SB 0427
HB 0399*
(Full Text) |
Claims against individual's estate. Disregards any claims or liens by the TennCare bureau against the estate of certain individuals aged 55 or older unless the claim is filed within one year of the individual's death. (S: Jackson; H: Shepard)
Senate Status: Senate General Welfare deferred to 04/27/2005.
House Status: House Civil Practice Subcommittee deferred to 04/26/2005.
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SB 2307
HB 2323*
(Full Text) |
Collection of money owed to TennCare after patient's death. Requires the personal representative of estate of decedent who was enrolled in TennCare to file with the bureau of TennCare the documentation required to determine if the estate owes money to TennCare. Establishes procedures for the recovery of payment. (S: Kyle; H: McMillan)
Senate Status: Taken off notice in Senate General Welfare.
House Status: Taken off notice in House Finance Budget Subcommittee.
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SB 3067*
HB 3393
(Full Text) |
TennCare - claims against estates. Revises current law provisions regarding pursuing a claim against a decedent's estate to allow the bureau of TennCare to recoup TennCare funds expended for a decedent during the decedent's lifetime. Requires additional notices of the death of a TennCare recipient to be provided to the bureau of TennCare. (S: Kyle; H: McMillan) Senate amendment 1 removes the requirement that the statement indicating whether the decedent was a Medicaid or TennCare recipient be filed with the application for letters of administration or letters testamentary. Requires, instead, that the personal representative of a decedent who provides notice of the death of any individual age 55 or older to state whether the decedent was a TennCare recipient, and to request a release from the bureau of TennCare. Prohibits adjustment or recovery of payments for medical assistance from the recipient's estate when the decedent has a surviving child who became blind or permanently
and totally disabled after reaching majority if such repayment would constitute an undue hardship to such blind or disabled child.
Senate Status: Senate 04/10/2006 passed with amendment.
House Status: House 05/01/2006 passed.
Other Status: Enacted as Public Chapter 0639 (effective 01/01/2007).
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TORT LIABILITY
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SB 0234*
HB 1236
(Full Text) |
Medical malpractice - noneconomic damages. Caps noneconomic damages to injured plaintiff in medical malpractice action to one million dollars. Defines "noneconomic damages" as compensation for pain, suffering, inconvenience, loss of consortium, physical impairment, disfigurement, and other nonpecuniary damage. (S: Miller J.; H: Newton)
Senate Status: Taken off notice in Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1579*
(Full Text) |
Noneconomic damages in medical malpractice cases limited. Caps noneconomic damages to plaintiff in medical malpractice action at $250,000. Revises attorney's fees based on amount of damages awarded to claimant. Authorizes trial court to order future damages be paid by periodic payments instead of a lump sum payment if award exceeds $75,000. (S: Norris)
Senate Status: Withdrawn in Senate 02/14/2005.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/03/2005.
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SB 1591
HB 0095*
(Full Text) |
Malpractice suit specifications. Specifies certain procedures for cases of medical malpractice. Limits the amount of noneconomic losses plaintiffs in malpractice suits can receive to $250,000. Changes maximum possible attorneys' fees from a flat percentage of all damages awarded to the claimant to a downward-sliding scale of percentages of all damages awarded. Requires that any contract for medical services containing a provision for binding arbitration of any dispute arising from alleged medical malpractice make such provisions highly visible to signees. (S: Norris; H: Overbey)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 1926*
HB 2231
(Full Text) |
Damages in medical malpractice actions. Provides immunity from liability for all damages except for actual economic losses in any medical malpractice action in which the claimant not have health insurance at the time of the treatment giving rise to the action. (S: Jackson; H: Buck)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee.
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SB 2178
HB 2122*
(Full Text) |
Tort liability reform - noneconomic damages. Adds provision for noneconomic damages in medical malpractice actions. Prohibits subrogation of plaintiff's rights to recovery against a defendant from the source of any collateral benefits. Sets $250,000 recovery cap on such damages in certain cases. Permits awards exceeding $75,000 to be made in periodic payments. Establishes a scale for percentage of judgment that can go to attorney fees. (S: Norris; H: Overbey)
Senate Co-Sponsors: McNally; Bryson; Burchett; Tracy; Ketron; Black; Miller J.; Crowe; Finney; Burks; Ramsey; Southerland; McLeary; Williams Mike R.
House Co-Sponsors: Shepard; Kelsey; Stanley; McDaniel; Harrison; Harwell; Hawk; Sargent; Bowers; DuBois
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to 2006.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/03/2005.
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SB 3350*
HB 3325
(Full Text) |
Attorneys' fees in medical malpractice cases. Decreases the maximum amount of attorneys' fees an attorney can collect from 33 1/3 percent to 25 percent of damages awarded in medical malpractice cases. (S: Finney; H: Hensley)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
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SB 3405*
HB 3682
(Full Text) |
Governmental tort liability limits for Metro General. Removes the governmental tort liability limits for medical malpractice actions against the Metro General Hospital in Davidson County. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 3411*
HB 3681
(Full Text) |
Limits for medical malpractice actions. Removes the governmental tort liability limits for medical malpractice actions against public health care facilities and employees of such facilities. (S: Fowler; H: Clem)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
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SB 3436*
(Full Text) |
Recovery of medical costs for injury by governmental entity. Provides that, when an individual by a governmental entity, the individual is permitted to recover all medical costs, including specialty care, caused by the injury. Specifies that such recovered costs are permitted to exceed the statutory limits for which the entity is liable. (S: Jackson)
Senate Status: Referred to Senate Judiciary.
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SB 3802
HB 3693*
(Full Text) |
Limits health care provider liability. Removes terms "medical malpractice" and "medical malpractice action" from code and substitutes instead the term "health care liability action." Limits health care provider liability to actual economic losses plus $250,000 in noneconomic losses. Limits liability to health care facilities to actual economic losses plus $250.000 in noneconomic losses. Specifies that the aggregate amount of damages recovered by a plaintiff for noneconomic losses in a health care liability action cannot exceed $500,000. Provides for periodic payment of future damages. Limits security required to stay a judgment pending appeal. Modifies contingent fee caps and modifies requirements for expert testimony and for release of medical information. (S: Norris; H: Overbey)
Senate Co-Sponsors: McNally; Ramsey; Burchett; Black; Finney; Bowers; Burks; Southerland; Tracy; Ketron; Williams Mike R.; McLeary; Ford O.; Bryson
House Co-Sponsors: Shepard; Bone;
McKee; Eldridge; Sargent; DeBerry J.; Pinion; Harwell; Casada; Todd; McDaniel; McCord; Harrison; Jones U.; Fraley; Mumpower; Dunn; Hawk; Stanley; Kelsey; Brown
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Civil Practice Subcommittee 03/28/2006.
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HB 1381
(Full Text) |
Punitive damages in medical malpractice actions limited. Limits punitive damages awarded to plaintiffs in medical malpractice actions to two million dollars. (H: Cochran)
House Status: Taken off notice in House Civil Practice Subcommittee.
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SJR 0523
(Full Text) |
Urges Congress to support meaningful medical tort reform. Urges Tennessee's congressional delegation to support meaningful medical malpractice reform. (S: Finney)
Senate Status: Referred to Senate Judiciary from Senate Finance 02/28/2006.
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TRANSPORTATION VEHICLES
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SB 1050*
HB 2132
(Full Text) |
Documentation for driver license. Changes driver license applicant requirements so that an applicant must provide either such applicant's social security number or documentation issued by the United States Immigration and Naturalization Service authorizing the applicant to be in the United States. Removes the current provision for an applicant who does not have, or who states that such applicant has never been issued, a social security number to complete an affidavit affirming that such applicant has never been issued a social security number. (S: Ketron; H: Rowland)
House Co-Sponsors: Casada; Brooks, Harry; Stanley; Maggart; Johnson P.; Todd; Baird; Cochran
Senate Status: Taken off notice in Senate Transportation.
House Status: House Transportation Public Safety & Rural Roads Subcommittee deferred to 2006.
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SB 3123
HB 2903*
(Full Text) |
Certificates of driving abolished. Removes the provisions concerning license examination standards. Abolishes certificates of driving for persons who are not authorized to stay in the United States. Allows issuance of one-year renewable driver licenses to aliens demonstrating lawful presence. Removes all language concerning certificates of driving. Clarifies that licenses for lawful aliens will expire at the end of one year or upon expiration of the period of authorized stay. Allows already issued licenses to remain valid until expiration, at which time the driver must comply with the requirements of this act. (S: Ketron; H: Rowland)
House Co-Sponsors: Montgomery; Johnson C.; Pleasant; Johnson P.; Hill; Cochran; Todd; Harwell; Gresham; Stanley Senate amendment 1 removes one year reference and instead ties the driver licenses timeframe to an individual's visa. Makes act effective immediately upon passage.
Senate Status: Senate 05/24/2006 passed with amendment 1 which removes one year reference and instead ties the driver licenses timeframe to an individual's visa. Makes act effective immediately upon passage.
House Status: House Transportation deferred to 2007.
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