Top Legislation - View All
Latest Action: 04/24/2008 - Received from House, Passed first consideration Bill TextCompanion Bill SB3137. Tort Liability and Reform - Enacts "The Tennessee Medical Malpractice Reporting Act." - Amends TCA Title 54, Chapter 1; Title 56 and Chapter 902 of the Public Acts of 2004. Fiscal Summary for *HB2650 / SB3137Increase State Expenditures - Not Significant Bill Summary for *HB2650 / SB3137 This bill makes various changes to the reporting requirements for medical and professional malpractice claims. Present law requires insurance companies that provide malpractice insurance to health care professionals or health care institutions, and health care professionals or institutions, who do not maintain malpractice insurance to report claims for professional or medical malpractice to the department of commerce and insurance. The information contained in the reports is used to compile aggregate data regarding medical and professional [...] show full description
Latest Action: 04/24/2008 - Received from Senate, held on House desk. Bill TextCompanion Bill HB2529. Safety - Provides that a motor vehicle operator who knowingly ignores a flood warning sign or barricade placed at a flooded road area commits reckless driving; provides governmental immunity for the governmental entity that posted the sign or barricade. - Amends TCA Title 29, Chapter 20; Title 55, Chapter 10 and Title 55, Chapter 8. Fiscal Summary for SB3143 / *HB2529 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Govt. Revenue - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for SB3143 / *HB2529 ON MARCH 31, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 2529, AS AMENDED. AMENDMENT #1 exempts emergency vehicles from this bill's provision that would classify ignoring a flood warning sign as reckless [...] show full description
Latest Action: 05/01/2008 - H. Placed on Regular Calendar for 5/6/08 Bill TextCompanion Bill SB3143. Safety - Provides that a motor vehicle operator who knowingly ignores a flood warning sign or barricade placed at a flooded road area commits reckless driving; provides governmental immunity for the governmental entity that posted the sign or barricade. - Amends TCA Title 29, Chapter 20; Title 55, Chapter 10 and Title 55, Chapter 8. Fiscal Summary for *HB2529 / SB3143 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Govt. Revenue - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB2529 / SB3143 ON MARCH 31, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 2529, AS AMENDED. AMENDMENT #1 exempts emergency vehicles from this bill's provision that would classify ignoring a flood warning sign as reckless [...] show full description
Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008 Bill TextCompanion Bill HB2650. Tort Liability and Reform - Enacts "The Tennessee Medical Malpractice Reporting Act." - Amends TCA Title 54, Chapter 1; Title 56 and Chapter 902 of the Public Acts of 2004. Fiscal Summary for SB3137 / *HB2650Increase State Expenditures - Not Significant Bill Summary for SB3137 / *HB2650 This bill makes various changes to the reporting requirements for medical and professional malpractice claims. Present law requires insurance companies that provide malpractice insurance to health care professionals or health care institutions, and health care professionals or institutions, who do not maintain malpractice insurance to report claims for professional or medical malpractice to the department of commerce and insurance. The information contained in the reports is used to compile aggregate data regarding medical and professional [...] show full description
Latest Action: 03/08/2007 - Sponsor change. Bill TextCompanion Bill SB0682. Civil Procedure - Requires trial judge to adjudge all costs in favor of the prevailing party in all civil cases. - Amends TCA Title 20. Fiscal Summary for HB0789 / *SB0682Increase State Expenditures - $266,000 Other Fiscal Impact - Increase Federal Expenditures - $511,500 Bill Summary for HB0789 / *SB0682 Present law authorizes judges to allocate court costs to either or both parties in a civil lawsuit. This bill requires the courts to assign all reasonable costs of litigation, including court costs, investigatory costs, and attorneys' fees to the losing party in a lawsuit. In an action for negligence, the plaintiff would be considered the prevailing party if the plaintiff's negligence is adjudged as less than the defendant's negligence.
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB0789. Civil Procedure - Requires trial judge to adjudge all costs in favor of the prevailing party in all civil cases. - Amends TCA Title 20. Fiscal Summary for *SB0682 / HB0789Increase State Expenditures - $266,000 Other Fiscal Impact - Increase Federal Expenditures - $511,500 Bill Summary for *SB0682 / HB0789 Present law authorizes judges to allocate court costs to either or both parties in a civil lawsuit. This bill requires the courts to assign all reasonable costs of litigation, including court costs, investigatory costs, and attorneys' fees to the losing party in a lawsuit. In an action for negligence, the plaintiff would be considered the prevailing party if the plaintiff's negligence is adjudged as less than the defendant's negligence.
Latest Action: 05/08/2007 - Failed In: Health & Human Resources Committee Bill TextCompanion Bill SB1368. Medicine, Practice of - Requires board of medical examiners to formulate a list of common risks for five most frequent cosmetic surgery procedures in the state; list must be provided to patient before cosmetic surgery procedure is undertaken. - Amends TCA Title 63, Chapter 6, Part 2 and Title 63, Chapter 9. Fiscal Summary for HB1306 / *SB1368Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Bill Summary for HB1306 / *SB1368 This bill prohibits physicians from performing elective cosmetic surgery upon any patient without the patient's informed consent. This bill requires the board of medical examiners to formulate a list of common risks of the five cosmetic procedures that are most frequently performed in Tennessee. Each physician must provide any patient with a copy [...] show full description
Latest Action: 04/11/2007 - Assigned to Gen. Sub of: SenateGW,H&House Resolution Comm. Bill TextCompanion Bill HB1306. Medicine, Practice of - Requires board of medical examiners to formulate a list of common risks for five most frequent cosmetic surgery procedures in the state; list must be provided to patient before cosmetic surgery procedure is undertaken. - Amends TCA Title 63, Chapter 6, Part 2 and Title 63, Chapter 9. Fiscal Summary for *SB1368 / HB1306Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Bill Summary for *SB1368 / HB1306 This bill prohibits physicians from performing elective cosmetic surgery upon any patient without the patient's informed consent. This bill requires the board of medical examiners to formulate a list of common risks of the five cosmetic procedures that are most frequently performed in Tennessee. Each physician must provide any patient with a copy [...] show full description
Latest Action: 03/07/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB2144. Railroads - Enacts the "Tennessee Land Injury Liability Act." - Amends TCA Title 29, Chapter 34 and Title 65. Fiscal Summary for *HB2046 / SB2144 MINIMAL Bill Summary for *HB2046 / SB2144 This bill creates a procedure for occurrences where trains derail onto property that does not belong to the railroad. Immediately following any train derailment, or train cargo, onto any lands that do not belong to the railroad, this bill requires that the landowner have complete, continuous, and unimpeded access to the derailment site despite the derailment and any attendant hazards. This bill specifically authorizes any landowner who accesses a derailment site to photograph, video, or otherwise document or record the manner and extent of the train derailment, and the derailment of the train cargo, onto the landowner's land. [...] show full description
Latest Action: 03/13/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextCompanion Bill HB2046. Railroads - Enacts the "Tennessee Land Injury Liability Act." - Amends TCA Title 29, Chapter 34 and Title 65. Fiscal Summary for SB2144 / *HB2046 MINIMAL Bill Summary for SB2144 / *HB2046 This bill creates a procedure for occurrences where trains derail onto property that does not belong to the railroad. Immediately following any train derailment, or train cargo, onto any lands that do not belong to the railroad, this bill requires that the landowner have complete, continuous, and unimpeded access to the derailment site despite the derailment and any attendant hazards. This bill specifically authorizes any landowner who accesses a derailment site to photograph, video, or otherwise document or record the manner and extent of the train derailment, and the derailment of the train cargo, onto the landowner's land. [...] show full description
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Latest Legislation - View All
Latest Action: 02/04/2008 - Passed first consideration Bill TextCompanion Bill SB2996. Alcoholic Beverages - Extends coverage of the dram shop act where alcoholic beverages or beer were furnished to a person known to be under the age of 21 or to an obviously intoxicated person. - Amends TCA Title 57, Chapter 10. Fiscal Summary for HB4161 / *SB2996 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Bill Summary for HB4161 / *SB2996 Present law provides that no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless a jury of 12 persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person: [...] show full description
Latest Action: 02/12/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB4112. Tort Liability and Reform - Limits tort liability of certain contractors for public transportation authorities. - Amends TCA Title 7, Chapter 56, Part 1 and Title 29, Chapter 20, Part 1. Fiscal Summary for *HB3918 / SB4112Other Fiscal Impact - Applying governmental tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease cannot be reasonably quantified due to the varied size of contracts, variables in potential tort claims and the projected cost of such contracts in the absence of this bill. Bill Summary for *HB3918 / SB4112 PRESENT LAW Under present law, for purposes of the immunity provided under the Governmental Tort Liability Act (GTLA), a person who is not an elected or appointed official or a member of [...] show full description
Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB3918. Tort Liability and Reform - Limits tort liability of certain contractors for public transportation authorities. - Amends TCA Title 7, Chapter 56, Part 1 and Title 29, Chapter 20, Part 1. Fiscal Summary for SB4112 / *HB3918Other Fiscal Impact - Applying governmental tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease cannot be reasonably quantified due to the varied size of contracts, variables in potential tort claims and the projected cost of such contracts in the absence of this bill. Bill Summary for SB4112 / *HB3918 PRESENT LAW Under present law, for purposes of the immunity provided under the Governmental Tort Liability Act (GTLA), a person who is not an elected or appointed official or a member of [...] show full description
Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill TextCompanion Bill SB3908. Tort Liability and Reform - Specifies that a law enforcement officer's lawful pursuit of an actual or suspected violator of any law or ordinance when such violator flees from such pursuit is not a negligent act. - Amends TCA Section 55-8-108. Fiscal Summary for *HB3761 / SB3908State Expenditures - Net Impact - Not Significant Local Expenditures - Net Impact - Not Significant Bill Summary for *HB3761 / SB3908 Present law provides that the fact that law enforcement personnel pursue an actual or suspected violator of a law or ordinance who flees from pursuit does not render the law enforcement personnel, or the employers of such personnel, liable for injuries to a third party proximately caused by the fleeing party, unless the conduct of the law enforcement personnel was negligent and such negligence was a proximate [...] show full description
Latest Action: 01/31/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB3761. Tort Liability and Reform - Specifies that a law enforcement officer's lawful pursuit of an actual or suspected violator of any law or ordinance when such violator flees from such pursuit is not a negligent act. - Amends TCA Section 55-8-108. Fiscal Summary for SB3908 / *HB3761State Expenditures - Net Impact - Not Significant Local Expenditures - Net Impact - Not Significant Bill Summary for SB3908 / *HB3761 Present law provides that the fact that law enforcement personnel pursue an actual or suspected violator of a law or ordinance who flees from pursuit does not render the law enforcement personnel, or the employers of such personnel, liable for injuries to a third party proximately caused by the fleeing party, unless the conduct of the law enforcement personnel was negligent and such negligence was a proximate [...] show full description
Latest Action: 02/05/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextTort Liability and Reform - 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. - Amends TCA Section 29-20-203. Fiscal Summary for HB3664 / *SB3513 Decrease Local Expenditures - Exceeds $50,000
Latest Action: 02/13/2008 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary to 2/13/2008 Bill TextTort Liability and Reform - Sunsets the "Tennessee White Water Rafting Responsibility Act" July 1, 2008, instead of July 1, 2010. - Amends TCA Title 70, Chapter 7, Part 2; Chapter 85 of the Public Acts of 2007 and Chapter 169 of the Public Acts of 2005. Fiscal Summary for HB3696 / *SB2713 MINIMAL
Latest Action: 03/14/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB3050. Health Care - Extends present immunity for volunteer health care licensees to clinics that charge a nominal fee for dental services. - Amends TCA Title 63, Chapter 6, Part 7. Fiscal Summary for HB3625 / *SB3050Other Fiscal Impact - The Board of Dentistry will hold an additional meeting in FY09 at a total cost of $3,800 for travel reimbursements and per diem. These one-time expenditures can be funded from existing resources of the Board without the collection of additional revenue. Bill Summary for HB3625 / *SB3050 Present law provides immunity for licensed health care professionals who render voluntary, free health care services to any sponsoring organization or to any patient of any clinic that is organized in whole or in part for the delivery of health care services without charge. The volunteer licensee who is providing [...] show full description
Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextEvidence - Increases from $4,000 to $5,000 amount of itemized medical bills that can be attached to a civil complaint as prima facie evidence that medical bills so paid or incurred were necessary and reasonable; increases total amount annually based on medical care component of the consumer price index beginning on January 1, 2009. - Amends TCA Section 24-5-113(a)(3). Fiscal Summary for SB3568 / *HB2721 Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant
Latest Action: 01/29/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB2929. Tort Liability and Reform - Replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, expert testimony, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for HB3053 / *SB2929Increase State Expenditures - Not Significant Bill Summary for HB3053 / *SB2929 PRESENT LAW Present law specifies the type of damages that may be awarded to victims of medical malpractice and the limits on the amounts of such damages. Under present law, any damages awarded for medical malpractice may include actual economic losses suffered by the victim by reason of the personal injury such as the cost of reasonable and necessary medical care, rehabilitation services and custodial care, the loss of services, and [...] show full description
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