CAMPAIGNS & LOBBYING |
SB 0539*
HB 0566
(Full Text) |
Popular election of judges. Establishes methods for popular
election of TN Supreme Court justices, TN Court of Appeals judges, TN
Court of Criminal Appeals judges, chancellors, circuit judges, and
judges of special courts. Enacts "TN Judicial Public Campaign Financing
Act," which establishes TN judicial election fund to fund candidates
with a sufficient number of qualifying contributions from registered
voters who accept fundraising and spending limits (16 pp.). (S:
Jackson; H: Harwell)
Judicial Council comment: legislation
would negate the goal of the Tennessee plan to lessen the impact of
partisan politics on the judicial selection process. Further, holding
elections by grand division causes several concerns including: federal
constitutional Baker v. Carr equal protection issue relating to the
population differences between grand divisions being represented by the
same number of judges on the appellate courts; and, a federal voting
rights act issue relating to electing
judges who exercise state wide jurisdiction in an election that is not
open to state wide election. The bill would also eliminate the merit
selection and retention processes for judicial office. The Judicial
Council noted that thirty states have adopted judicial merit selection
and/or retention processes and that no state that has adopted such
process has ever reverted back to a general popular election process of
judicial selection. In addition, the merit selection/retention process
has statistically allowed for greater selection and retention of
minority candidates to the judiciary. While this legislation provides
for the public financing of elections of appellate court judges,
judicial candidates can opt out of the public financing process. The
Council noted a free speech issue which would require candidates to be
able to opt out of the public financing process.
Senate Status: Senate Judiciary deferred to January 2008.
House Status: Referred to House Government Operations.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 3595*
HB 3753
(Full Text) |
Waiving of registration fee for certain lobbyists. Waives
registration fee for certain lobbyists who receive as compensation for
lobbying only reimbursement for actual out-of-pocket personal expenses
who receive such reimbursement for more than ten days per year. (S:
Burchett; H: Todd)
House Co-Sponsors: Rinks; Favors House
State & Local Government amendment 1, as amended, adds language to
prohibit anyone other than ethics commission members or an ethics
commission staff attorney from giving an advisory opinion, informal or
otherwise. Allows a staff attorney to give an informal opinion over the
phone but specifies that the informal oral opinion must be confirmed by
written statement sent to the person seeking the opinion. Requires that
commission members only issue formal advisory opinions, and specifies
that if an informal opinion is overturned by a formal opinion, the
person who sought the opinion cannot be penalized. Senate Status: Senate passed 03/03/2008.
House Status: Set for House Finance, Ways & Means Budget Subcommittee 05/13/2008.
|
SB 3596*
HB 3752
(Full Text) |
Providing of meals by employers of lobbyists. Creates provisions
and conditions that would permit employers of lobbyists and lobbyists
to provide food, refreshments, meals, or beverages to an official in
the legislative or executive branch. (S: Burchett; H: Todd) Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House State & Local Government 04/29/2008.
|
SB 3597*
HB 3376
(Full Text) |
Creates ethics and campaign finance registry. Merges the
registry of election finance and the ethics commission into one entity
to be known as the ethics and campaign finance registry. (S: Burchett;
H: Odom) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SJR 0063
(Full Text) |
Constitutional amendment - election of state AG. Proposes an
amendment to Article VI, Section 5 of the Constitution of Tennessee, to
provide for popular election of the state attorney general and
reporter. (S: Kurita)
Judicial Council comment: the Judicial Council noted that the existing appointment procedure ensures the selection of a highly-qualified candidate.
Senate Status: Referred to Senate Judiciary.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
HJR 0101
(Full Text) |
Constitutional amendment - election of state AG. Proposes an
amendment to Article VI, Section 5 of the Constitution of the State of
Tennessee, to provide for the popular election of the Attorney General
and Reporter for the State. (H: Kelsey)
House Co-Sponsors: Favors; Dean; Brown
House Status: Failed in House Civil Practice Subcommittee 04/17/2007.
|
HJR 0747
(Full Text) |
Constitutional amendment - terms for house members. Proposes an
amendment to Article II, Section 3, Article IV, and Article VII,
Section 5 of the Constitution of Tennessee to provide for four-year
terms for members of the house of representatives. Also revises the
timing of primary and general elections for judicial and civil officers
to coincide with those of members of the general assembly. (H: Turner
M.) House Status: Referred to House State Government Subcommittee.
|
CRIMINAL LAW |
SB 2718*
HB 2733
(Full Text) |
Study committee on administration of the death penalty. Extends
the date for the special committee to study the administration of the
death penalty to report its findings to the governor and general
assembly to October 1, 2009 from one year from the date of its members'
appointments. (S: Jackson; H: Coleman)
House Co-Sponsor: Dunn Senate amendment 1 changes reporting date from October 1, 2009 to January 1, 2009.
Senate Status: Senate 04/29/2008 passed with amendment 1.
House Status: House Finance Budget Subcommittee 05/07/2008 set behind budget.
|
SB 3493
HB 3088*
(Full Text) |
Appeals of death sentence. Declares that in cases of first
degree murder in which the penalty of death is imposed, the first
appeal from the trial court is an automatic direct appeal to the
supreme court thereby removing the court of criminal appeals from the
death penalty appellate review process. Authorizes the Supreme Court to
affirm the death sentence or modify the punishment to imprisonment for
life without the possibility of parole. (S: Bunch; H: Casada)
Judicial Council Comment:
The Judicial Council noted that the procedure proposed by this
legislation will not expedite the appellate review of capital murder
cases, and will be detrimental to litigants in all civil and criminal
cases which are appealed to the Tennessee Supreme Court. The Court of
Criminal Appeals' thorough review of capital cases expedites the
appellate process by narrowing the issues which warrant consideration
by the Tennessee Supreme Court. Absent this intermediate appellate
review, the Tennessee
Supreme Court will be required to spend a significant amount of time
reviewing capital murder cases, thereby impairing the Court's ability
to timely review the numerous other cases pending before it. Moreover,
bifurcating the appeals of a defendant's capital and non-capital
convictions is not feasible because the majority of the appellate
issues will affect all of the defendant's convictions and, therefore,
should not be considered by two appellate courts simultaneously.
Finally, the Judicial Council recommended that the legislature's
Committee to Study the Administration of Tennessee's Death Penalty
System be given an opportunity to consider this issue.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/03/2008 with comment.
|
EDUCATION |
SB 1333*
HB 1479
(Full Text) |
Civics course on citizenship. Requires a course in civics that
emphasizes the responsibilities and privileges of citizenship in the
American democratic society to be taught in at least one grade in
grades six through eight. (S: Kurita; H: Harwell)
Senate Co-Sponsors: Crutchfield; Crowe; Ketron
Senate Status: Taken off notice in Senate Education 03/14/2007.
House Status: Taken off notice in House Education K-12 Subcommittee 04/17/2007.
|
ESTATES & TRUSTS |
SB 3441*
HB 3765
(Full Text) |
Investment services trust. Allows actions to avoid qualified
disposition in an investment services trust by a person to whom the
transferor is indebted because of an agreement or past due child
support order, but only to the extent of such debt. (S: Woodson; H:
Overbey)
House Co-Sponsor: Fitzhugh
Senate Status: Taken off notice in Senate Judiciary 04/01/2008.
House Status: Taken off notice in House Judiciary 04/16/2008.
|
SB 3882
HB 2888*
(Full Text) |
Restrictions on claims under TN Investment Services Act. Ensures
that the Tennessee Investment Services Act of 2007 does not prohibit
collection of certain indebtedness incurred in regard to an agreement
or order of court for the payment of support in favor of the
transferor's spouse or former spouse or children, or for a division of
property in favor of such a transferor's spouse or former spouse. (S:
Kyle; H: Coleman)
Senate Co-Sponsor: Woodson
House Co-Sponsors:
Overbey; Jones S. House amendment 1 rewrites the bill. Defines "spouse"
and "former spouse". Specifies the types of claims that cannot be
extinguished by an investment services trust including past due child
support, past due alimony in solido of a spouse or former spouse, past
due alimony or support of a spouse or former spouse. Senate Status: Senate passed 05/07/2008.
House Status: House 04/10/2008 passed with amendment 1.
Other Status: Sent to the speakers for signatures 05/07/2008.
|
FAMILY LAW |
SB 0428*
HB 0438
(Full Text) |
Divorce for irreconcilable differences - waiting period. Extends
the waiting period for divorce based on irreconcilable differences to
180 from 90 days if the parties involved have an unmarried child
between 15 and 18 years old and to 365 from 90 days if the parties have
an unmarried child under 15 years old. Adds privacy provisions if the
parties decide to enter marital counseling. (S: Stanley; H: DuBois)
Senate Co-Sponsors: Beavers; Ketron
Senate Status: Withdrawn in Senate 02/06/2008.
House Status: Taken off notice in House Domestic Relations Subcommittee 04/17/2007.
|
SB 0623
HB 0319*
(Full Text) |
Compensation for a guardian ad litem. Requires that the state
pay for expenses for a guardian ad litem in juvenile court cases
involving dependency, termination of parental rights, or delinquent or
unruly children. (S: Woodson; H: DeBerry J.) Senate Status: Taken off notice in Senate Finance, Ways & Means 06/11/2007.
House Status: House Finance Budget Subcommittee deferred to 06/07/2007.
|
SB 0725*
HB 2227
(Full Text) |
Equal and Fair Parenting Act. Establishes a rebuttable
presumption that equally shared parenting time is the custody
arrangement in the best interest of a child. Further, allows the court
to order an equally shared custody arrangement, unless the parents have
agreed to a different custody arrangement or the court finds by a
preponderance of evidence to the contrary that such an arrangement is
in the child's best interest. Permits court to order an investigation
when necessary to determine whether an award of equitably-shared
parenting is appropriate. (S: Jackson; H: Hardaway)
Senate Co-Sponsor: Ketron
Senate Status: Senate passed 05/31/2007.
House Status: Failed in House Domestic Relations Subcommittee 04/17/2007.
|
SB 0932
HB 0428*
(Full Text) |
Public pension plans subject to domestic relations orders. Allows public pension plans to be subject to claims under qualified domestic relations orders. (S: Ketron; H: DuBois)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance Budget Subcommittee.
Other Status: Council on Pensions & Insurance 04/09/2007 returned with unfavorable recommendation for lack of a motion.
|
SB 1101
HB 0991*
(Full Text) |
Joint custody - best interest of child. Creates rebuttable presumption that shared custody is in the best interest of the child. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Domestic Relations Subcommittee 04/10/2007.
|
SB 1493*
HB 1495
(Full Text) |
Awarding of damages to spouse. Allows a court to grant pain and
suffering, alienation of affection, or punitive damages from the
marital property to a spouse who can prove by clear and convincing
evidence that the other spouse committed adultery, abandoned the
spouse, or physically abused the spouse within the previous year.
Specifies that the spouse requesting such damages must also prove that
such spouse did not commit adultery, abandon the other spouse, or
physically abuse the other spouse within the previous year. (S: Bunch;
H: Turner M.)
Senate Co-Sponsor: Ketron
Senate Status: Taken off notice in Senate Judiciary 05/16/2007.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 2910*
HB 3044
(Full Text)
Public Chapter (PDF)
|
Modification of divorce and child support provisions. Modifies
various statutory provisions pertaining to divorce, separation, child
support, and domestic violence. Permits the court the right to grant a
divorce based on irreconcilable differences. Allows the court to
require continued child support regardless of the age if the child is
severely disabled, and declares that the potentially uninsured spouse
be notified of the termination of their coverage 30 days prior to the
actual termination. (S: Jackson; H: Sontany) House amendment 1 corrects
a typographical error in Section 4, clarifying the definition of
"victim" under the present law provisions regarding the setting of bail
for a defendant arrested for stalking, domestic abuse, or sexual
assault. Senate amendment 2 changes the effective date to July 1, 2008
instead of upon the bill becoming law. Senate Status: Senate 04/10/2008 passed with amendment 2.
House Status: House 04/21/2008 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0868 (effective 07/01/2008).
|
SB 2924
HB 2904*
(Full Text) |
Guidelines for the appointment of guardians at litem. Creates
guidelines for the appointment of guardians ad litem and attorneys ad
litem in divorce and child custody proceedings; outlines the duties and
authority granted to the guardian ad litem and attorney ad litem in
regards to the child. (S: Marrero; H: Jones S.)
House Co-Sponsors:
Brown; Floyd; Brooks, Kevin; Turner M.; Cooper B.; Richardson House
Family Justice Subcommittee amendment 1, as amended, defines guardian
ad litem (GAL) and attorney ad litem (AAL) and differentiates their
functions. Requires a prima facie showing of need for any GAL
appointment, as well as an explanation of duty, scope, duration and
rate of the prospective GAL. Requires GALs to provide a written case
report to each attorney in the case and requires GAL to be available
for cross-examination. Makes technical and editorial changes which do
not affect the intent of the legislation. Senate Status: Taken off notice in Senate Judiciary 04/29/2008.
House Status: Taken off notice in House Children & Family Affairs 04/30/2008.
Other Status: Tennessee Judicial Council reviewed 04/03/2008 with comment.
|
SB 3047
HB 2883*
(Full Text) |
Creates legal classification of de facto custodian. Creates the
legal status of de facto custodian. Establishes standards and
procedures to be used by a court to determine if a person is a de facto
custodian and to determine whether a de facto custodian should be
awarded permanent custody or joint custody of a child. (S: Finney R.;
H: DuBois) Senate Judiciary amendment 1 ensures that the bill does not
impact children in state custody. House Family Justice Subcommittee
amendment creates a resolution to develop a summer study committee, to
which three members of the House and three members of the Senate will
be appointed by their respective speakers, and from which a report will
be submitted to the legislature by Dec. 15, 2008.
Judicial Council comment:
The Judicial Council noted that the standard set out for changing
custody in the bill is the same as the standard adopted by the Supreme
Court. The council expressed concerns about whether there may be a
constitutional issue
with the bill since it provides a third party with status substantially
equal rights as a parent. It also questioned whether the "de facto
custodian" status is used in other states and if there would be any
impact to someone who had been granted this status and moved to another
state. The council was made aware that the Tennessee Council of
Juvenile and Family Court Judges had concerns about how this bill would
impact custody cases heard in juvenile courts. Finally, the council
noted that legal guardianships and permanent guardianships are not
addressed in this legislation.
Senate Status: Taken off notice in Senate Judiciary 03/25/2008.
House Status: House Children & Family Affairs deferred to summer study committee.
Other Status: Tennessee Judicial Council reviewed 02/07/2008 with comment.
|
SB 3859*
HB 3655
(Full Text) |
Equal and Fair Parenting Act. Creates a rebuttable presumption
that equally shared parenting time is in the best interest of a child
in regards to child custody arrangements. (S: Ketron; H: Fraley) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
|
GOVERNMENT ORGANIZATION |
SB 0966
HB 0495*
(Full Text) |
Sunset - board of law examiners. Sunsets the board of law examiners on June 30, 2011. (S: Harper; H: Kernell)
Senate Co-Sponsor: Flinn
House Co-Sponsors: Cooper B.; Rowe
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 1003
HB 0529*
(Full Text) |
Sunset - post-conviction defender commission. Sunsets the post-conviction defender commission on June 30, 2011. (S: Harper; H: Kernell)
Senate Co-Sponsor: Flinn
House Co-Sponsors: Cooper B.; Rowe
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 2013
HB 2141*
(Full Text) |
Sunset - judicial selection commission. Sunsets the judicial selection commission and the judicial evaluation commission on June 30, 2010. (S: Wilder; H: Rinks)
Senate Status: Referred to Senate Government Operations.
House Status: Taken off notice in House Government Operations 04/25/2007.
|
SB 2425*
HB 3572
(Full Text)
Public Chapter (PDF)
|
Sunset - board of law examiners. Sunsets the board of law examiners on June 30, 2014. (S: Harper; H: Kernell)
House Co-Sponsor: Cooper B.
Senate Status: Senate passed 03/10/2008.
House Status: House passed 03/17/2008.
Other Status: Enacted as Public Chapter 0664 (effective 07/01/2008).
|
SB 2432*
HB 3216
(Full Text) |
Sunset - judicial selection commission. Sunsets the judicial selection commission on June 30, 2012. (S: Harper; H: Kernell)
House Co-Sponsors: Cooper B.; Rowe
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 2433*
HB 3225
(Full Text) |
Sunset - judicial evaluation commission. Sunsets the judicial evaluation commission on June 30, 2012. (S: Harper; H: Kernell)
House Co-Sponsors: Cooper B.; Rowe
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
HEALTH CARE |
SB 0309
HB 0301*
(Full Text)
Public Chapter (PDF)
|
Hospital access to patient medical records. Declares that the
public policy of this state is that hospitals have complete access to
health care providers who make entries in hospital patient medical
records for information regarding entries made in those records. (S:
Finney R.; H: Overbey)
House Co-Sponsors: McCord; Williams
K.; Mumpower House amendment 1 clarifies that there is no implied
covenant of confidentiality preventing health care providers from
communicating with each other in the course of providing care and
treatment to a patient; requires that any information received from a
health care provider correcting or modifying a patient's hospital
record be made part of that patient's hospital record with a notation
as to the date the information was supplied and the name(s) of the
person(s) supplying the information. Senate Status: Senate passed 05/31/2007.
House Status: House 05/29/2007 passed with amendment.
Other Status: Enacted as Public Chapter 0391 (effective 07/01/2007).
|
INSURANCE GENERAL |
SB 2683*
HB 2826
(Full Text) |
Payment of attorney fees by insurance companies. Requires the
award of attorney fees if an insurance company is found to have
violated the Tennessee Consumer Protection Act by denying a claim for
coverage or payment. Also requires that attorney fees be awarded for
bad-faith failure to pay losses promptly. (S: Jackson; H: Shepard) Senate Status: Failed in Senate Commerce, Labor & Agriculture 03/25/2008, for lack of motion.
House Status: Withdrawn in House 03/31/2008.
|
JUDICIARY |
SB 0174
HB 0037*
(Full Text) |
Compensation of jurors. Increases compensation for jury service
from $10.00 per each day's attendance to $25.00 per each day's
attendance. Also allows jurors to be paid for mileage. (S: McNally; H:
Hackworth)
House Co-Sponsor: Turner M.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee 03/25/2008.
|
SB 0355
HB 0302*
(Full Text) |
Popular election of appellate judges. Requires popular election
of judges for the office of supreme court justice, court of criminal
appeals judge or court of appeals judge in the state judiciary system.
Outlines specific procedures for election in each grand division. (S:
Bunch; H: Kelsey)
Judicial Council comment: The Judicial
Council expressed concerns relating to the party nomination processes
required to be utilized in the nomination of candidates for general
election of appellate judges by popular vote. This legislation would
negate the goal of the Tennessee plan to lessen the impact of partisan
politics on the judicial selection process. The legislation does not
provide for a method by which vacancies created by death, retirement or
resignation are to be filled in the interim period between general
elections, as special elections are prohibited. Further, holding
elections by grand division causes several concerns including: federal
constitutional Baker v. Carr equal
protection issue relating to the population differences between grand
divisions being represented by the same number of judges on the
appellate courts; and, a federal voting rights acc issue relating to
electing judges who exercise state wide jurisdiction in an election
that is not open to state wide election. In addition, the Judicial
Council expressed concerns regarding the costs associated with the
general election of judges and the necessity of candidates raising
money for elections, citing that such need would result in sitting
judges taking a lot of time off of the bench in order to raise campaign
funds and a general perception that the justice system is unfair and
that justice is "for sale." The Judicial Council noted that thirty
states have adopted judicial merit/selection processes and that no
state that has adopted such process has ever reverted back to a general
popular election process of judicial selection. In addition, the merit
selection process has statistically allowed
for greater selection and retention of minority candidates to the
judiciary.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to the summer study calendar.
Other Status: Deferred in Judicial Council to be placed on a calendar with similar bills.
|
SB 0391
HB 0127*
(Full Text) |
Election of appellate judges. Amends law pertaining to judicial
selection and evaluation. Requires all appellate judges to run for
election or re-election every eight years. Deletes the present process
by which appellate judges are retained in office through a Yes/No vote
only. (S: Bunch; H: Bell)
Judicial Council comment: The
Judicial Council expressed concerns relating to the party nomination
processes required to be utilized in the nomination of candidates for
general election of appellate judges by popular vote. This legislation
would negate the goal of the Tennessee plan to lessen the impact of
partisan politics on the judicial selection process. The legislation
does not provide for a method by which vacancies created by death,
retirement or resignation are to be filled in the interim period
between general elections, as special elections are prohibited. In
addition, the Judicial Council expressed concerns regarding the costs
associated with the general election of
judges and the necessity of candidates raising money for elections,
citing that such need would result in sitting judges taking a lot of
time off of the bench in order to raise campaign funds and a general
perception that the justice system is unfair and that justice is "for
sale." The Judicial Council noted that thirty states have adopted
judicial merit/selection processes and that no state that has adopted
such process has ever reverted back to a general popular election
process of judicial selection. In addition, the merit selection process
has statistically allowed for greater selection and retention of
minority candidates to the judiciary.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee 04/08/2008.
Other Status: Deferred in Judicial Council to be placed on a calendar with similar bills.
|
SB 0474*
HB 0827
(Full Text) |
Judicial selection commission. Extends the time period for the
judicial selection commission to submit a roster of candidates to the
governor from 60 to 75 days. Removes the judicial selection commission
and judicial evaluation commission from governmental entity review
process. (S: Wilder; H: DeBerry L.)
Judicial Council comment:
the Judicial Council, upon referral of the bill, "shall decide the
potential effects of the proposed legislation on the judicial system
and its operation and any other information or suggestions which the
Council may think helpful to the sponsors, the standing committees, or
the General Assembly.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/08/2007.
|
SB 0788*
HB 1522
(Full Text) |
Judicial selection commission - open meetings. Requires judicial
selection commission to hold selection meetings in public. Requires
commission to rate all applicants as qualified or not qualified and to
submit such information to the governor. Current law requires
commission to rate three nominees and submit those nominees to
governor. (S: Burchett; H: Coleman)
Judicial Council comment:
the removal of the ability to have confidential meetings and/or
interviews would have a chilling impact on discussion and debate,
particularly relating to sensitive personal issues. The disclosure of
the records of the Judicial Selection Commission also gives rise to
concern, as certain sensitive and personal information would be
required to be released. The potential for such disclosure could have a
chilling affect on applications for judicial vacancies. In addition,
this legislation would require that all applicants be sent to the
governor with a rating of "highly qualified,"
"qualified" or "not qualified." Such a requirement would reduce the
Judicial Selection Commission to an advisory panel whose suggestions
and ratings could be ignored by the governor. Having such a panel
funded by public expense could raise concerns as to the justification
of its existence. Further, of the thirty states that employ a judicial
merit selection/retention system, none have utilized a system whereby
all candidates are rated and sent to the appointing authority.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 1351*
HB 1338
(Full Text) |
Judicial selection commission - open meetings. Requires meetings of the judicial selection commission to be open to the public. (S: Haynes; H: Briley)
Judicial Council comment:
the removal of the ability to have confidential meetings and/or
interviews would have a chilling impact on discussion and debate,
particularly relating to sensitive personal issues. The disclosure of
the records of the Judicial Selection Commission also gives rise to
concern, as certain sensitive and personal information would be
required to be released. The potential for such disclosure could have a
chilling affect on applications for judicial vacancies.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice Subcommittee 04/03/2007.
Other Status: Set for Tennessee Judicial Council 03/22/2007.
|
SB 1646
HB 1125*
(Full Text) |
Electronic recording of custodial interrogations. Requires electronic recording of all custodial interrogations of defendants in criminal cases. (S: Jackson; H: Buck)
Senate Status: Taken off notice in Senate Judiciary 04/17/2008.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 1674
HB 0280*
(Full Text) |
Order of judicial offices on ballot. Changes the order in which
judicial offices are listed on the ballot, placing supreme court judge,
court of appeals judge, and court of criminal appeals judge at the
bottom of the list. (S: Ramsey; H: Mumpower) Senate Status: Re-referred to Senate Calendar Committee 04/25/2007.
House Status: House passed 04/12/2007.
|
SB 1947*
HB 2159
(Full Text) |
Custodial interrogations electronically recorded. Requires that
any statement made by an accused during a custodial interrogation at a
place of detention by a law enforcement officer must be electronically
recorded to be admissible against the defendant as a confession or
admission of guilt. (S: Kilby; H: Briley) Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/04/2007.
|
SB 1953*
HB 2163
(Full Text) |
Meetings of judicial selection commission. Requires meetings of the judicial selection commission to be open to the public. (S: Haynes; H: Briley)
Judicial Council comment:
the removal of the ability to have confidential meetings and/or
interviews would have a chilling impact on discussion and debate,
particularly relating to sensitive personal issues. The disclosure of
the records of the Judicial Selection Commission also gives rise to
concern, as certain sensitive and personal information would be
required to be released. The potential for such disclosure could have a
chilling affect on applications for judicial vacancies.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 2228*
HB 2311
(Full Text) |
Naming of nominees by judicial selection commission. Requires
the judicial selection commission to rate in public meeting all
applicants to fill judicial vacancies as "qualified" or "not qualified"
and then to forward the names of all applicants and their ratings to
the governor, rather than requiring the commission to meet in public or
private and submit only three names of applicants it deems best
qualified. (S: Kyle; H: Odom)
Judicial Council comment: the
removal of the ability to have confidential meetings and/or interviews
would have a chilling impact on discussion and debate, particularly
relating to sensitive personal issues. The disclosure of the records of
the Judicial Selection Commission also gives rise to concern, as
certain sensitive and personal information would be required to be
released. The potential for such disclosure could have a chilling
affect on applications for judicial vacancies. In addition, this
legislation would require that all applicants be
sent to the governor with a rating of "qualified" or "not qualified."
Such a requirement would reduce the Judicial Selection Commission to an
advisory panel whose suggestions and ratings could be ignored by the
governor. Having such a panel funded by public expense could raise
concerns as to the justification of its existence. Further, of the
thirty states that employ a judicial merit selection/retention system,
none have utilized a system whereby all candidates are rated and sent
to the appointing authority.
Senate Status: Taken off notice in Senate Judiciary 05/15/2007.
House Status: Taken off notice in House Judiciary 05/09/2007.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 2634*
HB 2995
(Full Text) |
Exclusionary Rule Reform Act of 2008. Specifies that evidence
obtained as a result of a search or seizure is not to be excluded in a
proceeding in a state court on the ground that the search or seizure
was in violation of the fourth amendment to the Constitution of the
United States, if the search or seizure was carried out in
circumstances justifying an objectively reasonable belief that it was
in conformity with the fourth amendment. Clarifies that evidence
obtained pursuant to and within the scope of a warrant constitutes
prima facie evidence of the existence of such circumstances. (S:
McNally; H: Overbey)
Judicial Council comment: The Judicial
Council believes that it would be more appropriate for this evidentiary
issue to be considered by Tennessee's courts or the Advisory Commission
on the Rules of Practice and Procedure.
Senate Status: Taken off notice in Senate Judiciary 04/29/2008.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/07/2008 with comment.
|
SB 2635*
HB 2662
(Full Text) |
Testimonial privilege - critical incident stress management. Prohibits
critical incident stress management team participants from being
required to testify about such incident, unless there exists danger to
another, child abuse or neglect, or a criminal act or the individual
who received help gives consent, voluntarily testifies, or is deceased.
(S: McNally; H: Hackworth)
House Co-Sponsor: Ford D. House
amendment 1 provides confidentiality for communications between a
critical incident stress management team member or team leader and a
group participant in a crisis intervention. Establishes a testimonial
privilege for a critical incident stress management team member, team
leader, or group participants providing or participating in crisis
intervention with a firefighter, law enforcement officer, EMT or rescue
squad member. The testimonial privilege will not apply if: (1) the
communication or advice indicates clear and present danger to the
individual who receives
crisis response services or to any other person; (2) the communication
indicates the existence of present or past child abuse or neglect of
the individual; (3) the individual who received crisis response
services gives express consent to the testimony; (4) the individual who
received crisis response services is deceased, and the surviving spouse
or the executor or administrator of the estate of the deceased
individual gives express consent; (5) the individual who received
crisis response services voluntarily testifies, in which case the team
member may be compelled to testify on the same subject; (6) the court
in camera determines that the information communicated by the
individual who received crisis response services is not germane to the
relationship between the individual and the team member; or (7) the
communication or advice pertains or is related to any criminal act.
Senate amendment 2 restores the testimonial privilege and specifies
that the testimonial privilege created by
this bill would apply to any person providing or participating in a
crisis intervention with a firefighter, law enforcement officer, EMT,
or rescue squad member, whether voluntary or professional. Limits the
circumstances under which the testimonial privilege will not apply to
the following: (1) The communication or advice indicates clear and
present danger to any person; (2) The communication indicates cases in
which there are indications past or present child abuse or neglect of
the individual; or (3) All parties involved in the crisis intervention
expressly waive the privilege and consent to the testimony. Senate Status: Senate 05/07/2008 passed with amendment 2.
House Status: Set for House message calendar 05/13/2008.
|
SB 2925
HB 2905*
(Full Text) |
Reporting court reporter fees in custody cases. Requires that
fees paid to court reporters in child custody and visitation cases be
made part of the record and sent to the administrative office of the
courts. Requires the administrative office of the courts to submit a
report to the children and family affairs committee of the house and
the judiciary committee of the senate regarding the court reporter fee
amounts. (S: Marrero; H: Jones S.)
House Co-Sponsors: Brown;
Floyd; Brooks, Kevin; Hill; Turner M.; Fincher House Family Justice
Subcommittee amendment 1 makes the bill, setting up a regulatory board
for court reporters in order to provide oversight for licensing and to
implement statewide professional standards.
Judicial Council comment:
The Judicial Council expressed concern that requiring all persons
involved with recording testimony in judicial, administrative and other
proceedings to utilize licensed court reporters could result in a
considerable increase in
expense to persons involved in these matters, and may also result in
delays based on the availability of licensed reporters. Further, Rules
of Civil Procedure 28 and 30, Rule 5 of the Rules of Criminal
Procedure, Tenn. Code Ann. þ 24-9-102, and the Administrative
Procedures Act in Tenn. Code Ann. þ 4-5-319(c), all provide methods by
which a record may be created for court proceedings or administrative
proceedings without a court reporter being involved. In such
circumstances, a judge, clerk, attorney, party or other person may
engage a tape recorder or other recording device. Under the broad
definition of court reporting in the proposed bill, such persons would
be guilty of a misdemeanor for engaging such equipment without a court
reporting license. In addition, costs would be increased to the
Indigent Defense Fund, as transcripts of preliminary hearings and other
proceedings that are tape recorded and transcribed under the current
law by administrative assistants or other personnel
would be required to be transcribed by a licensed court reporter. Where
such services are provided to indigent defendants in criminal cases or
certain juvenile matters, such costs would be paid from the Indigent
Defense Fund. Similarly, local government costs would increase, as
transcripts of meetings of local government boards and commissions,
which may be transcribed by administrative assistants or other
personnel under the current law, would be required to be transcribed by
a licensed court reporter under the provisions of this bill.
Senate Status: Failed, for lack of second, in Senate Judiciary 04/29/2008.
House Status: Taken off notice in House Children & Family Affairs 04/30/2008.
Other Status: Tennessee Judicial Council reviewed 04/03/2008 with comment.
|
SB 3098
HB 2769*
(Full Text) |
Extends judicial selection commission. Extends the time period
for the judicial selection commission to submit a roster of candidates
to the governor from 60 days to 75 days. Also extends the judicial
selection commission and judicial evaluation commission to June 30,
2012. (S: Wilder; H: DeBerry L.) House amendment 1 changes effective
date to August 1, 2008. Senate Status: Taken off notice in Senate Government Operations 05/13/2008.
House Status: House 05/13/2008 passed with amendment 1, which changes the effective date to August 1, 2008.
|
SB 3539
HB 3147*
(Full Text) |
Juvenile court proceedings- right to counsel. Expands the times
in which a juvenile has right to counsel to include all stages of any
proceeding alleging unruly conduct that places the child in jeopardy of
being removed from the home. Specifies that an adult has right to
counsel in all stages of any proceedings involving the following: child
abuse prosecutions, contributing to the delinquency or unruly behavior
or dependency and neglect of a child; violation of compulsory school
attendance; contempt; abuse, dependency or neglect; termination of
parental rights. Changes references to "needy" to "indigent". (S:
Herron; H: DeBerry J.)
House Co-Sponsor: Maddox
Judicial Council comment:
The Judicial Council noted that this legislation would increase
expenditures from the Indigent Defense Fund, administered by the
Administrative Office of the Courts. However, it is necessary to
appoint counsel for all cases in which commitment to state custody is a
potential outcome. It
does not appear that Public Defenders would be appointed to these types
of matters.
Senate Status: Senate Judiciary 04/17/2008 recommended. Sent to Senate Finance, Ways & Means.
House Status: House passed 05/13/2008.
Other Status: Tennessee Judicial Council reviewed 02/07/2008 with comment.
|
SB 3545
HB 3043*
(Full Text) |
Audio or video recordings in child abuse cases. Permits use of
audio or video recordings of child's statement in child abuse and child
sex abuse cases if the statement is nontestimonial and is otherwise
admissible under rules of evidence. Provides for in camera viewing and
notice to defendant. Allows video recordings to be used to provide
comprehensive protective services to victims of abuse. (S: Crowe; H:
Sontany)
Senate Co-Sponsor: Finney L.
House Co-Sponsor: Maggart
Judicial Council comment:
The Judicial Council expresses concern that substituting a video for
the victim's testimony may violate the Tennessee Constitution and the
U.S. Constitution.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/07/2008 with comment.
|
SB 3660
HB 3060*
(Full Text)
Public Chapter (PDF)
|
Civil procedure - declaration of disaster. Provides that if an
appellate court declares a disaster pursuant to applicable rules, all
statute of limitations and repose are extended by the same number of
days that the applicable filing deadlines are extended. (S: Woodson; H:
Fincher)
Judicial Council comment: The Judicial Council
noted that a specific reference in this bill to existing Supreme Court
Rule 49, which addresses continuity of operations plans for the state
appellate courts, might bring clarity to the proposed language in the
bill. The Council further noted that extending statutes of limitations
and statutes of repose in counties where disaster strikes, but not in
others raises some concerns - particularly in matters where a lawsuit
may be filed in multiple counties. The bill could benefit from an
amendment specifically addressing this scenario, and clarifying whether
statutes of limitations and repose would be tolled in every appropriate
venue for the commencement
of an action in the event that one or more, but not all, were the
subject of a declared disaster. Senate Status: Senate passed 02/06/2008.
House Status: House passed 03/27/2008.
Other Status: Enacted as Public Chapter 0725 (effective 04/10/2008).
|
SB 3805*
HB 4076
(Full Text) |
Membership of judicial selection commission. Adds additional
member to the judicial selection commission that is not a lawyer.
Increases membership of commission from 17 to 18 persons. (S: Tate; H:
Hardaway)
House Co-Sponsors: Miller L.; Vaughn; Kernell;
Richardson; Cooper B.; Towns; Gilmore; Jones U.; Brown House Judiciary
committee amendment 1 rewrites the bill to add two new members to the
judicial selection commission for a total of 19 members. Requires one
of the new members to be a member of the National Bar Association and
one to be a member of the Tennessee Lawyers Association for Women.
Judicial Council comment:
The Judicial Council strongly supports the policy of diversity as
originally stated in the statutory language of the Tennessee Plan.
Further, the Judicial Council expressed respect for the legislature's
right to set the membership of the Judicial Selection Commission and
the membership's terms.
Senate Status: Referred to Senate Judiciary.
House Status: House Calendar & Rules 05/07/2008 deferred to next meeting.
Other Status: Tennessee Judicial Council reviewed 04/03/2008 with comment.
|
SB 3982
HB 3866*
(Full Text)
Public Chapter (PDF)
|
Civil proceedings involving corporations. Authorizes the court
to award a plaintiff reasonable expenses (including counsel fees) if
the proceeding on behalf of a corporation results in the corporation
taking some action requested by the plaintiff, if the plaintiff was in
any way successful, or if anything was awarded to the plaintiff as a
result of judgment during derivative proceedings. (S: Haynes; H:
Overbey) Senate amendment 1 makes the bill. Authorizes the court to
order upon termination of a derivative proceeding: (1) the corporation
to pay plaintiff's reasonable expenses including attorney fees when
such has resulted in a substantial benefit to the corporation; (2) the
plaintiff to pay defendant's reasonable expenses including attorney's
fees if such proceeding was commenced without reasonable cause or for
an improper purpose; and (3) a party to pay an opposing party's
reasonable expenses including attorney's fees if the court finds the
pleading, motion or other paper was
not well grounded in fact and was interposed for an improper purpose
such as to harass or cause unnecessary delay or needless increase in
the cost of litigation. Senate Status: Senate 03/24/2008 passed with amendment 1.
House Status: House passed 03/31/2008.
Other Status: Enacted as Public Chapter 0726 (effective 04/10/2008).
|
SB 4107
HB 3990*
(Full Text) |
Membership of judicial selection commission. Changes the entity
in charge of the judicial selection process from an "associations
composed of lawyers" to a newly defined judicial selection commission.
Increases it from 17 to 19 members who will be the following: four
attorneys from each grand division of Tennessee; one retired judge from
each grand division of Tennessee; one member who is not a lawyer from
each grand division; one law school dean from a Tennessee law school
recognized by the Tennessee supreme court. The speakers of the senate
and the house will each appoint eight members made up of six attorneys,
one retired judge and one non-lawyer member and jointly appoint one
retired judge, one non-lawyer member, and one law school dean.
Decreases terms from six to four years and removes possibility for
reappointment. Requires the commission to submit an list of appointees
to the governor within 60 days of the occurrence of a vacancy that
designates each applicant as
"qualified" or "not qualified." Removes specific number of three
possible appointees to allow as many as the commission sees fit. (S:
Norris; H: DuBois)
Judicial Council comment:
The Judicial Council expressed concerns that sending all applicants to
the governor may negate the necessity of the function of the Judicial
Selection Commission, a commission that is supported by public funds,
by reducing its role to an advisory committee. A requirement that
applicants be sent to the governor with ratings of "qualified" or "not
qualified" would reduce the Judicial Selection Commission to an
advisory panel whose suggestions and ratings could be ignored by the
governor. Having such a panel funded by public expense could raise
concerns as to the justification of its existence.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Deferred in Judicial Council.
|
SB 4176
HB 4154*
(Full Text) |
Open meetings - judicial selection commission. Requires the
judicial selection commission to comply with open meetings laws and
prohibits them from meeting in private. (Part of Administration
Package.) (S: Kyle; H: Coleman)
Senate Co-Sponsor: Herron
House Co-Sponsor: Odom
Judicial Council comment:
Some members of the Judicial Council expressed concerns that the
removal of the ability to have confidential meetings and/or interviews
would have a chilling impact on discussion and debate, particularly
relating to sensitive personal issues. The potential for disclosure of
sensitive personal issues that may be discussed in an interview could
have a chilling affect on applications for judicial vacancies. This
chilling effect may have a particular effect in the discussions
necessary to qualify the applicants in the determination of which
applicants are nominated for gubernatorial selection. The Judicial
Selection Commission is currently provided a level 2 TBI
report on each applicant which may not be released for public use.
Opening the interview process and deliberations to the public, without
providing for a method to close the meetings for discussion of items
contained in the report, may result in a refusal to provide such TBI
reports.
Senate Status: Taken off notice in Senate Judiciary 04/17/2008.
House Status: Failed in House Civil Practice Subcommittee 04/08/2008.
Other Status: Tennessee Judicial Council reviewed 04/03/2008 with comment.
|
HJR 0808
(Full Text) |
Constitutional amendment - maximum fine without jury. Proposes
an amendment to Article VI, Section 14, of the Tennessee Constitution
to repeal language prohibiting fines in excess of $50 being imposed
except by jury. Adds language to provide that TN General Assembly set
the maximum amount of fine assessed without jury to $500. (H: Coleman)
House Co-Sponsors: Sontany; Fincher
House Status: House Finance Budget Subcommittee 04/30/2008 deferred to behind the budget constitutional amendment calendar.
|
MEDIA & PUBLISHING |
SB 2021
HB 0379*
(Full Text) |
TN Ethics Commission to be subject to Open Meetings Act. Requires
meetings and records of the Tennessee Ethics Commission to be open to
the public unless meeting is to discuss litigation or impending
litigation. (S: Burchett; H: Briley)
Senate Co-Sponsor: Herron
Senate Status: Taken off notice in Senate State & Local Government 04/03/2007.
House Status: Taken off notice in House State & Local Government 03/27/2007.
|
PROFESSIONS & LICENSURE |
SB 3782*
HB 3609
(Full Text) |
Attorneys working as legal staff for BPR. Requires an attorney
who was a member of the legal staff of the board of professional
responsibility to wait one year after the attorney has ceased working
for the board before doing business with an attorney who appeared
before the board on a disciplinary matter. (S: Marrero; H: Turner L.) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
PROPERTY & HOUSING |
SB 2851*
HB 3654
(Full Text) |
Wrongful Lien Injunction Act. Allows the owner of any property
who believes that he or she is the victim of a wrongful lien to file a
verified written petition in general sessions court, chancery or
circuit court in the county in which the petitioner or respondent
resides or in the county in which any of the events occurred. Requires
the administrative office of the courts to develop and adopt forms for
petitions, ex parte civil wrongful lien injunctions and civil wrongful
lien injunctions. Specifies information which is to be included on the
petition or ex parte civil wrongful lien injunction. Also specifies
requirements for hearings in regards to wrongful lien injunctions. (S:
Johnson J.; H: DuBois) Senate Judiciary amendment 1 rewrites the bill
to create process to obtain release of wrongful liens. Provides that if
the owner of real property has reasonable grounds to believe a wrongful
lien has been filed against the property, the property owner may send a
written request to
the lien holder to file a release of lien. States that the lien holder
has 60 days to either file the release, provide evidence of a valid
lien, provide grounds for objecting to the release or provide the name
and address of any successor in interest to the lien holder. Provides
the method by which the written request is to be sent and what is shall
include. If the holder does not respond within 60 days the owner may
petition the court to file and order of release. In such case the
petitioner must provide evidence stating a cause of action showing a
wrongful lien. Provides definition for the term "wrongful lien".
Provides for a counterclaim by the defendant. Provides that the bill's
provisions provide an alternative means to secure a release of wrongful
lien but that the bill does not prevent or limit other remedies
provided by law. Senate Judiciary amendment 2 removes common-law liens
and statutory liens form the definition of "wrongful lien". Senate Status: Re-referred to Senate Calendar Committee 04/10/2008.
House Status: House Civil Practice Subcommittee deferred to next calendar.
|
SB 2935
HB 2752*
(Full Text)
Public Chapter (PDF)
|
TN Condominium Act of 2008. Establishes provisions governing
condominiums, including provisions regarding separate titles, taxation
and the use of eminent domain. Specifies powers of unit owners'
association for condominiums and powers of board of directors and
officers. Also specifies requirements for termination of contracts and
leases of declarant. Requires unit owners' association to maintain
property insurance on common elements and liability insurance to cover
all occurrences arising out of use, ownership or maintenance of the
common elements. (61 pp.) (S: Stanley; H: Coleman)
Senate Co-Sponsor:
Crowe Senate amendment 1 makes various changes and clarifications.
Specifies that the provisions of the entire Horizon Property Act
(66-27-101 through 66-27-123) do not apply to condominiums created
after the effective date of this act and do not invalidate any
amendment adopted after the effective date where originally only the
provisions of 66-27-101 were cited.
Clarifies that the legally sufficient description of the real estate
included in the condominium required under the declaration of a
condominium must include a recital. Requires any certification of a
plat or plan required by this section to be "made and signed" by an
independent, registered surveyor, architect, or engineer, or
combination thereof rather than simply "made." Clarifies that any
rights reserved to a declarant may be exercised by an agent of the
declarant relative to use for sales purposes. Provides that an insurer
waives its rights to subrogation unless it can be shown that the act
with intent to cause the loss of such unit owner, lessee, or member of
the owner's or lessee's household was the cause of the loss. Authorizes
someone acting in the capacity of the governing board member of the
association to void a policy or declare a condition to recover under
the policy when an act or omission by a unit owner has taken place.
Changes the amount of time which the insurer
issuing a policy may not cancel or refuse to renew it from until 30
days after notice has been mailed to the amount of time prescribed by
the Cancellation of Commercial Risk Insurance Act or under the
provisions governing "personal risk insurance" if so applicable.
Clarifies lien right in banker's case and type of notice required for
priority of lien. Details the process by which escrow must take place.
Requires that if the property being purchased is a condominium, the
transferee/buyer must be given notice that he is entitled to receive
certain information regarding the administration of the condominium
from the developer or condominium association. House amendment 2
corrects an internal cross-reference. Senate Status: Senate 04/03/2008 concurred in House amendment 2.
House Status: House 03/27/2008 passed with amendment 2.
Other Status: Enacted as Public Chapter 0766 (effective 01/01/2009).
|
SB 2950*
HB 3102
(Full Text)
Public Chapter (PDF)
|
Mechanic's and materialmen's liens. Modifies provisions
regarding mechanic's and materialmen's liens and notices pertaining
thereto. Permits other authorized parties in addition to the owner or
purchaser to serve notice of completion recorded with the register of
deeds. States that no notice is required to be served on prime
contractor if owner is also the general contractor. (S: Haynes; H:
Curtiss) Senate amendment 1 rewrites the bill. Modifies provisions
regarding mechanic's and materialmen's liens and notices pertaining
thereto. Permits other authorized parties in addition to the owner or
purchaser to serve notice of completion recorded with the register of
deeds. States that no notice is required to be served on prime
contractor if owner is also the general contractor. Requires that if a
prime contractor is entitled to be served a notice of completion, the
lien rights of such prime contractor that is not served will not be
affected by the notice. Requires any party recording
a notice of completion to simultaneously serve a copy on remote
contractors who have served notice of nonpayment. Sets out the form for
the notice of completion. States that for purposes of the notice of
nonpayment the name of the owner, the owner's agent, the real property
description and other information stated in a building permit are
sufficient to identify the real property. Senate Status: Senate 03/17/2008 passed with amendment 1.
House Status: House passed 04/10/2008.
Other Status: Enacted as Public Chapter 0811 (effective 07/01/2008).
|
SB 3197*
HB 3707
(Full Text) |
Clarification of homestead exemptions. Specifies the individuals
who are entitled to a homestead exemption on real property up to
$25,000 if they have one or more minor children in the following way:
the parents of a child jointly if the child's parents are living
together, the parent who is designated as the primary residential
parent in situations involving separation or divorce, a person who has
legal custody of the child, or the birth mother whose name appears on
the child's birth certificate and with whom the child resides. (S:
Bunch; H: Brooks, Kevin) Senate Status: Taken off notice in Senate Judiciary 01/29/2008.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
TAXES BUSINESS |
SB 3102*
HB 3207
(Full Text) |
Exemption - family owned non-corporate entities. Expands family
owned non-corporate entity exemption under franchise and excise tax.
Looks to passive investment in assets, rather than creation of passive
investment income, as test for exemption. (S: Henry; H: Fitzhugh) Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance Budget Subcommittee.
|
TAXES GENERAL |
SB 0177*
HB 0168
(Full Text) |
Constitutional convention - taxpayer bill of rights. Calls for a
limited constitutional convention on Article II, Sections 24 and 28, to
consider the establishment of a Tennessee taxpayer bill of rights (TN
TABOR) in order to block growth of state revenue collections and
expenditures. (S: Stanley; H: Casada) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance Budget Subcommittee.
|
TAXES PROPERTY |
SB 3944
HB 3727*
(Full Text) |
Property tax exemptions for nonprofit organizations. Clarifies
the current property tax exemption for low income housing as it relates
to disabled or handicapped persons. Revises the property tax exemption
for property owned by religious, charitable, scientific or nonprofit
educational institutions and used by other exempt institutions to allow
for rent to be based on a reasonable share of the cost of use.
Clarifies the exemption as it relates to previously exempt property
acquired by a religious institution. Eliminates a current exemption for
certain parking garage and parking spaces leased by the metropolitan
government hospital authority. (S: McNally; H: Fitzhugh)
Senate Co-Sponsors: Henry; Burchett
Senate Status: Senate Finance, Ways & Means 05/12/2008 recommended with amendment 1, which deletes Section 1 of the bill.
House Status: Set for House Finance, Ways & Means Budget Subcommittee 05/13/2008.
|
TENNCARE |
SB 2158
HB 2201*
(Full Text) |
Liens on property of TennCare recipient. Authorizes the
commissioner of finance and administration to seek an amendment to the
plan to permit the state to impose liens on residences of Medicaid
recipients at the time it is determined that the recipient will not be
able to leave the nursing home to return home. (S: Burks; H: Curtiss) Senate Status: Taken off notice in Senate General Welfare 04/25/2007.
House Status: Taken off notice in House Public Health & Family Assistance Subcommittee 04/25/2007.
|
TORT LIABILITY |
SB 0033*
HB 1105
(Full Text) |
Certificate of good faith requirement. Requires all parties
involved in a medical negligence or malpractice action to file a
certificate of good faith asserting that the parties have consulted
with experts who have a good faith belief in the validity of the
parties' respective positions. Certificate must be filed by both
plaintiff and defendant within 90 days of filing of complaint in action
of medical negligence. Experts for both sides must be qualified under
Tennessee law to express an opinion on the case. (S: Jackson; H: Buck) Senate Status: Taken off notice in Senate Judiciary 04/03/2007.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 0038*
HB 0018
(Full Text) |
Government entities liable for medical costs. Permits recovery
of all actual medical costs incurred in judgment against a government
entity, regardless of the amount of such costs, even if costs exceed
the minimum amounts of insurance coverage. (S: Jackson; H: Shepard) Senate Status: Taken off notice in Senate Judiciary 03/18/2008.
House Status: Taken off notice in House Civil Practice Subcommittee 03/25/2008.
|
SB 1183*
HB 1591
(Full Text) |
Contractors with transportation authority are protected. Extends
immunity provided under the Governmental Tort Liability Act to all
non-governmental persons or entities contracting with the regional
transportation authority. Sets maximum tort exposure for such parties
in cases of gross negligence in non-rail transit accidents at $300,000
for the death or bodily injury of one person in one accident,
$3,000,000 for the death or bodily injury of all persons in one
accident, and $300,000 for the damage or destruction of property in one
accident. For rail transit accidents, sets maximum tort exposure at
$2,000,000 for the death or bodily injury of one person in one
accident, $15,000,000 for the death or bodily injury of all persons in
one accident, and $300,000 for the damage or destruction of property in
one accident. (S: Black; H: Bone)
Senate Co-Sponsors: Haynes; Johnson J.; Ketron; Henry
House Co-Sponsors:
Lynn; Hood; Sargent; Maggart; Pinion; Overbey; Watson
E.; Johnson C.; McDonald House amendment 1 rewrites bill. Grants
limited tort exposure to non-governmental independent contractors or
others that contract with the regional transportation authority for
commuter rail transit services. From July 1, 2008 until June 30, 2013
for any rail transit accident the limits of tort exposure shall be
$2,000,000 for bodily injury or death of any one person in any one
accident, and $30,000,000 for bodily injury or death of all persons in
any one accident which occurred during that time frame. From July 1,
2013 until June 30, 2018 for any rail transit accident the limits of
tort exposure shall be $3,000,000 for bodily injury or death of any one
person in any one accident, and $50,000,000 for bodily injury or death
of all persons in any one accident which occurred during that time
frame. No tort liability limits shall be granted to the
non-governmental contractor or others which contract with the regional
transportation authority for injury to or
destruction of property in any accident. The regional transportation
authority shall maintain a self insurance retention fund in a minimum
amount of $1,000,000 up to an amount not to exceed $2,000,000 which
shall be utilized as a first fund source for any payment of a tort
claim arising from any rail transit accident which results in bodily
injury or death to one or more persons. The limits of liability shall
not apply to any for-profit owners of rail lines or rail line
rights-of-way. Any for-profit owners of rail lines or rail line
rights-of-way shall not deny access to, tracking right for the
operation of a regional transportation authority commuter rail
operation based upon any criteria attributable to tort liability or
require the regional transportation authority to provide any tort
liability protection, insurance or coverage as part of any access to,
tracking rights on, or use of rail lines owned by such a for-profit.
These provisions shall expire July 1, 2018. Includes a
severability clause. Senate amendment 1 rewrites the bill which grants
limited tort exposure to non-governmental independent contractors or
others that contract with the regional transportation authority for
commuter rail transit services. From July 1, 2007, until June 30, 2012,
for any rail transit accident the limits of tort exposure shall be
$2,000,000 for bodily injury or death of any one person in any one
accident, and $30,000,000 for bodily injury or death of all persons in
any one accident which occurred during that time frame. From July 1,
2012, until June 30, 2017, for any rail transit accident the limits of
tort exposure shall be $3,000,000 for bodily injury or death of any
person in any one accident, and $50,000,000 for bodily injury or death
of all persons in any one accident which occurred during that time
frame. No tort liability limits shall be granted to the
non-governmental contractor or others which contract with the regional
transportation authority for injury to or
destruction of property in any accident. The regional transportation
authority shall maintain a self insurance retention fund in the amount
not to exceed $2,000,000 which shall be utilized as a first fund source
for any payment of a tort claim arising from any rail transit accident
which results in bodily injury or death to one or more persons. The
limits of liability shall not apply to any for-profit owners of rail
lines or rail line rights-of-way. Any for-profit owners of rail lines
or rail line rights-of-way shall not deny access to, trackage rights
for the operation of a regional transportation authority commuter rail
operation based upon any criteria attributable to tort liability or
require the regional transportation authority to provide any tort
liability protection, insurance or coverage as part of any access to,
tracking rights on, or use of rail lines owned by such a for-profit.
These provisions shall expire July 1, 2017. Senate amendment 2 adds a
severability clause. Senate Status: Senate 04/24/2008 concurred in House amendment 1.
House Status: House 04/10/2008 passed with amendment 1.
Other Status: Sent to the speakers for signatures 04/24/2008.
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SB 1229
HB 0965*
(Full Text) |
Actions for medical malpractice. Requires plaintiff filing
action for medical malpractice to file affidavit from expert and
HIPAA-compliant medical authorization form with complaint. Limits
damages for loss of consortium to spouses. (S: Kurita; H: Overbey) Senate Status: Senate Judiciary deferred to 04/03/2007.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
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SB 2001*
HB 1993
(Full Text) |
Health care liability action. Replaces the term "medical
malpractice" with "health care liability action" throughout Tennessee
Code Annotated. Also revises provisions concerning damages, expert
testimony, attorney fees, and other matters in such actions. (S:
Norris; H: Overbey)
Senate Co-Sponsors: Burks; Flinn; Tate;
Ford O.; McNally; Ketron; Black; Tracy; Williams Mike R.; Ramsey;
Stanley; Johnson J.; Finney R.; Watson B.; Woodson; Southerland
House Co-Sponsors:
Shepard; DeBerry J.; Eldridge; Armstrong; Mumpower; Brown; Pinion;
Jones U.; Lundberg; Fraley; McDaniel; Tidwell; Casada; Harwell; McCord;
Hawk; Todd; Harrison; Kelsey; Baird; Swafford; Curtiss; Montgomery;
Yokley; Hensley; Sargent; McCormick House amendment 4 rewrites the
bill. Requires person asserting a claim for medical malpractice to give
written notice to each health care provider 60 days before filing
complaint. Notice shall include actual written notice to the health
care provider or notice
by certified mail, return receipt requested. The pleadings shall state
whether each party has complied with the notice provision and shall
provide evidence as the court may require. Allows the court's
discretion in compliance with this section. Notice shall toll the
applicable statute of limitations and repose to and including a period
of 90 days and apply to all parties and potential parties. Allows 30
days to receive medical records. Requires the plaintiff or plaintiff's
counsel to file a certificate of good faith within 90 days after filing
a complaint in which expert testimony is required stating that they
have consulted with an expert who has provided a signed written
statement that expresses a belief based on information reviewed that
there is a good faith basis to maintain the lawsuit. Requires the
defendant or defendant's counsel to file a certificate of good faith
within 30 days after alleging in an answer that another, whether
already a party to the action or not, is at fault
and expert testimony is required stating that they consulted with an
expert who has provided a signed written statement that expresses a
belief based on information reviewed that there is a good faith basis
to allege fault against another. Failure of a plaintiff to file a
certificate of good faith shall, upon motion, make the action subject
to dismissal with prejudice. Failure of a defendant to file a
certificate of good faith alleging the fault of another, shall, upon
motion, make such allegations subject to being stricken with prejudice,
unless plaintiff consents to waive compliance. If a party prevails on
the basis of the failure of an opposing party to offer competent expert
testimony, the court may compel the opposing party to provide a copy of
each expert's signed written statement relied upon in executing the
certificate of good faith. The court may compel the experts to provide
testimony under oath through answers to written interrogatories to
determine compliance by a party or
party's counsel with this section. If the court determines that a
certificate of good faith was filed under false pretenses, the court
shall award sanctions against the attorney or party. Eliminates the
locality rule for expert testimony; allows the recognized standard of
acceptable professional practice in the defendant's profession at the
time the injury occurred. Administrative Office of the Courts shall
develop a certificate of good faith form when this act becomes law.
Notice provisions shall take effect January 1, 2008, but shall not
apply to actions filed on or before March 1, 2008. For all other
purposes, this act shall take effect January 1, 2008. Senate amendment
1 makes the bill. Requires early certification; a written statement
from experts confirming there is a good faith basis for the action;
streamlines disclosure of medical records; allows 30 days to receive
medical records; outlines procedures to give notice of a claim; failure
to file certificate of good faith
subjects the action to dismissal with prejudice; if court finds action
filed in bad faith, sanctions shall be awarded against attorney or the
complaining party. House Judiciary Civil Practice subcommittee
amendment 1 re-writes the bill providing procedures to give written
notice of medical malpractice claims to health care providers. Requires
notice to be made 60 days before the filing of a complaint. Allows 30
days to receive medical records. Provides for the filing of a
certificate of good faith. Failure to file certificate of good faith
subjects the action to dismissal with prejudice. Requires sanctions if
court finds action filed in bad faith. Requires sanctions to be awarded
against attorney or complaining party for violations of the act. Senate Status: Senate 04/24/2008 concurred in House amendment 4.
House Status: House 04/03/2008 passed with amendment 4.
Other Status: Sent to the speakers for signatures 04/24/2008.
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SB 2636*
HB 2661
(Full Text) |
Tort liability protection for crisis intervention. Limits
volunteer crisis response team member's liability for personal injuries
or emotional distress caused by an act or omission during the course of
a crisis response or training session provided that the intervention or
training is conducted within generally accepted protocols of a
registered team. (S: McNally; H: Hackworth)
House Co-Sponsor:
Ford D. Senate amendment 1 grants immunity to a volunteer crisis
response team member who participates in a crisis intervention.
Provides immunity from liability to team members for any injuries or
infliction of emotional distress caused by an act or omission during
the crisis response as long as the intervention or training was
conducted within generally accepted protocols of the registered team.
This immunity would not apply if: (1) the team member acted with actual
malice or willful intent to injure the subject; (2) the team member
acted outside the scope of assigned duties;
(3) the team member acted without team coordination and dispatch; (4)
the action involved the commission of a crime; (5) the action involved
sexual harassment or sexual or physical abuse; (6) the actions involved
any form of moral turpitude or moral misconduct within the normally
accepted community standards, or (7) the damages result from gross
negligence of the team member. House amendment 1 contains the same
language as Senate amendment 1, except that it adds language to specify
that the immunity granted by this bill to a volunteer crisis response
team member participating in a crisis intervention would only apply to
an action brought by a participant of the crisis intervention. House
amendment 2 redefines "registered team" to mean a team formally
registered with a "recognized training agency" instead of a "recognized
accrediting agency" and specifies that a recognized training agency
includes the International Critical Incident Stress Foundation,
National Organization of Victims
Assistance, National Red Cross, Tennessee Public Safety Network, and
other such organizations. Senate Status: Senate 04/29/2008 concurred in House amendments 1 & 2.
House Status: House 04/21/2008 passed with amendments 1 & 2.
Other Status: Sent to the speakers for signatures 04/29/2008.
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SB 2929*
HB 3053
(Full Text) |
Medical malpractice as health care liability action. Directs the
code commission to replace all references to "medical malpractice
action" with "health care liability action". Specifies that recoverable
damages shall not include expenses that have been discounted or
forgiven. Clarifies that noneconomic losses may be awarded, against
health care practitioners or health care facilities, in an amount not
to exceed $250,000, as long as the aggregate amount of damages awarded
for non-economic losses does not exceed $500,000. Authorizes a trial
court to order that awards of $75,000 or more be paid in periodic
payments rather than by lump sum. Prohibits a health care provider from
being required to post bond of more than $1,000,000 in order to stay an
execution pending the appeal. Changes maximum compensation amounts for
claimant's attorney from 33 1/3 percent of all damages to the following
specified limitations: 40 percent of first $50,000 recovered; 33 1/3
percent of next $50,000
recovered; 25 percent of the next $500,000 recovered; 15 percent of any
amount recovered exceeding $600,000. Adds that an action against an
attorney for legal malpractice may not be based solely on the fact that
damages awarded exceeded the amount sought in the ad damnum. Requires
plaintiffs to file a HIPAA-compliant authorization form when filing
complaint and to file, within 90 days of filing complaint, an affidavit
of an expert competent to testify (9 pp). (S: Stanley; H: Mumpower)
Judicial Council Comment:
Directs the code commission to replace all references to "medical
malpractice action" with "health care liability action". Specifies that
recoverable damages shall not include expenses that have been
discounted or forgiven. Clarifies that noneconomic losses may be
awarded, against health care practitioners or health care facilities,
in an amount not to exceed $250,000, as long as the aggregate amount of
damages awarded for non-economic losses does not exceed $500,000.
Authorizes a trial court to order that awards of $75,000 or more be
paid in periodic payments rather than by lump sum. Prohibits a health
care provider from being required to post bond of more than $1,000,000
in order to stay an execution pending the appeal. Changes maximum
compensation amounts for claimant's attorney from 33 1/3 percent of all
damages to the following specified limitations: 40 percent of first
$50,000 recovered; 33 1/3 percent of next $50,000 recovered; 25 percent
of the next $500,000 recovered; 15 percent of any amount recovered
exceeding $600,000. Adds that an action against an attorney for legal
malpractice may not be based solely on the fact that damages awarded
exceeded the amount sought in the ad damnum. The Judicial Council noted
that the attorney fee limitations set out in this legislation should be
compared to Supreme Court Rules on assessing attorney fees to determine
if the limits set out in the legislation are consistent with those set
out in the Supreme
Court Rules.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/21/2008 with comment.
|
SB 3513*
HB 3664
(Full Text) |
Governmental immunity from liability for unsafe street. Restores
governmental immunity from liability for injuries caused by defective,
unsafe, or dangerous condition of any street, alley, sidewalk or
highway, owned and controlled by a governmental entity. (S: Herron; H:
Coleman) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 4075
HB 4053*
(Full Text) |
Tort actions against long-term care facilities. Provides that
tort actions against long-term care facilities involving health-related
services are to be brought solely as medical malpractice action. Allows
a long-term care facility to require any patient as a condition of
admission to enter into an arbitration agreement as part of the patient
admission process. Prohibits long-term care facility from discharging
patient, once admitted, for failure to enter into an arbitration
agreement. Clarifies that there is no limit on the amount of economic
loss that can be recovered in a long-term care tort action. Specifies
that the maximum amount of non-economic loss recoverable in any
long-term care tort action for injury or death is $300,000. (S: Tracy;
H: Rinks)
Senate Co-Sponsors: Wilder; Tate; Harper; Ketron; Stanley; Johnson J.; Ramsey; Norris
House Co-Sponsors:
DeBerry L.; DuBois; Watson E.; Overbey; Matheny; Curtiss; McDaniel;
McManus; Lundberg; Pinion;
Mumpower; Harmon; Hensley; Brooks, Harry; Maggart Senate amendment 1
creates a committee to study the impact of the cost of litigation on
the nursing home industry. The committee will be made up of 10 members,
5 from the House and 5 from the Senate. Requires 2 members from the
Judiciary committees of each house, 2 members from the finance
committees of each house, 1 member from the General Welfare committee
of the Senate and 1 member from the Health and Human Resources
committee of the House. Members shall be appointed by the speakers of
each house. The committee shall report its findings to the speakers of
each house no later than February 1, 2009. House Judiciary amendment 1
creates a committee to study the impact of the cost of litigation on
the nursing home industry. The committee will be made up of 10 members,
5 from the House and 5 from the Senate. Requires 2 members from the
Judiciary committees of each house, 2 members from the finance
committees of each house, 1 member from
the General Welfare committee of the Senate and 1 member from the
Health and Human Resources committee of the House. Members shall be
appointed by the speakers of each house. The committee shall report its
findings to the speakers of each house no later than December 2008. Senate Status: Senate 05/07/2008 passed with amendment 1.
House Status: Set for House Finance, Ways & Means Budget Subcommittee Addendum 05/13/2008.
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