Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
April 22, 2004
Uniform Trust Code set to be signed into law
Gov. Bredesen is expected to sign into law today the TBA-backed Tennessee Uniform Trust Code (SB0560, HB0743), which passed both houses without a dissenting vote. The bill was developed by a joint TBA/bankers committee. Watch for a TBA TennBarU CLE program on the law this summer.
Health Care Decisions Act
Also taking a step toward becoming law this week was the Tennessee Health Care Decisions Act (SB2312, HB2581), which was passed by the Senate’s General Welfare Health and Human Resources Committee and has been sent to the Senate Calendar Committee. The bill, which will preserve living wills and durable powers of attorney while enacting the new surrogacy provisions, won approval without dissent in the House in late March.
TBA-backed Omnibus Probate Bill
The Omnibus Probate bill (SB2599, HB2639) — recommended by the TBA Estate Planning and Probate Section and sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville — was slated for committee action this week, but again was rolled to next week because of the heavy loads in the committees. The bill is now scheduled for hearing on Tuesday in the Senate’s Judiciary Committee and on Wednesday in the House Judiciary Committee.
Wrongful incarceration bill
Legislation to establish $100 per day as presumptive damages for wrongful incarceration and raising the usual governmental tort liability cap on such cases to $1 million moved out of the House Judiciary Committee yesterday.
The legislation requires that the person to be found “actually innocent” through the statutory exoneration process. Payments under the plan could be paid in monthly installments with survivorship to the spouse and children.
The most visible case that the legislation would address is that of Clark McMillan incarcerated for 21 years and exonerated two years ago. The McMillan case was featured on the cover of the Tennessee Bar Journal last year. The TBA backs this legislation.
Immediate repossession bill
The bill (SB2815, HB2740) to vest ownership in a secured party upon possession of the collateral that secures the loan remains in committee. It is again on the calendar for the Senate’s Commerce Labor and Agriculture Committee and the House’s Civil Procedures and Practice Subcommittee next week.
Tennessee Plan
The bill (SB2592, HB2637) that would abolish the Tennessee Plan on merit selection and retention and provide for popular election of Supreme Court justices and appellate judges was taken off notice in the Senate Judiciary Committee this week.
Domestic relations
A bill dealing with custody orders (HB2257, SB1625) will be the subject of a study this summer. The House’s Children and Family Affairs Committee called for the study after the TBA and others voiced concern that this and some other bills try to divide the child’s time more or less equally between the two parents, regardless of the disruption to the child’s schedule or consequences for child support.
The Protective Parent Reform Act (HB2848, SB2966) is another bill the TBA has been following and has worked on at the request of its sponsors and the committee. The bill, which the committee did not have time to get to this week, deals with several interesting issues, but is not in a form to be passed. Further study over the summer could lead to better legislation.
Summons in lieu of arrest
The Senate Judiciary Committee spent more than an hour taking testimony on the Senate version of this bill to preserve the summons in lieu of arrest as the preferable manner of commencing criminal process, with several common sense exceptions. The parties have met to try to narrow differences. The bills will be back on House and Senate committee calendars next week.
Workers comp reform
The TBA is analyzing Gov. Phil Bredesen’s proposed reforms for the workers’ compensation system, with the TBA’s Workers’ Comp Study Committee scheduled to meet Friday afternoon for further study.
You can download a full version of the Governor’s press release on the issue from TBALink at http://www.tba.org/legisflash/2004/workerscomp_release.pdf
You can download the full bill at http://www.tba.org/legisflash/2004/workerscomp_bill.pdf
Keep up to date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
