The administration’s bill to overhaul Tennessee's Workers’ Compensation system (SB 200 by Norris / HB 194 by McCormick) is set for its next major legislative consideration this week. Both the Senate and House Finance Committees are expected to take up consideration of the matter, and review, in particular, its fiscal impact. Fiscal estimates for the bill have indicated that the state expects to collect filing fees that now go to court clerks, and that those fees are expected to be sufficient to offset the cost of the new department-based system. As amended, the new legislation would be effective as to cases commenced on or after July 1, 2014. The TBA has continued to emphasize that a change to a more formulaic, purely administrative system is unwise because it does not employ our best dispute resolution mechanism -- the courts -- and does not permit enough discretion to prevent injustice.

The Tennessee General Assembly is in full swing. Keep track of the action by following the TBA Action List to follow bills in the General Assembly that the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.

Tennessee mental health professionals would be required to report any patient who makes a credible threat of serious bodily harm or death against “reasonably identifiable victims” or local law enforcement under a bill unanimously approved today by the Senate. The Chattanooga Times Free Press reports that the bill is viewed as a response to mass shootings in states like Connecticut and Colorado. Information obtained would be entered into a state law enforcement information network and checked when people purchase guns or seek to maintain handgun-carry permits. Therapists’ decision to inform law enforcement would be solely based on their professional opinion however.

An amendment approved by the Senate Judiciary Committee removes any mention of the Supreme Court from the process for determining whether the governor is incapacitated or disabled to the point that he or she would be removed on a temporary basis. Now, a majority vote of five officers — Speaker of the House of Representatives, Speaker of the Senate, Secretary of State, Treasurer, and Comptroller of the Treasury — would make the decision. Gavel to Gavel reports.

The state House of Representatives passed a bill today to increase safety measures in youth sports and reduce the number of concussions children receive during practice and play. The Tennessean reports that the law requires mandatory education for parents, coaches and young athletes about the dangers of concussions and that children who have had a concussion to refrain from playing again until cleared by a doctor. Spurred by the story of a middle school football player in Washington state who suffered a serious brain injury after returning to play too quickly after a concussion, Tennessee will become the 44th state to pass such a law should Gov. Bill Haslam sign the bill as expected.

Because of its extensive calendar, the House Civil Justice subcommittee did not take up the proposal to radically alter the judicial performance evaluation program of appellate judges. However, the bill (SB1058/HB1227) is set for Senate floor action tomorrow.

In other legislative action, a bill (SB443/HB206) to prohibit court reporting by reporters who contract with companies or intermediaries to provide court reporting services advanced to the full Civil Justice Committee with an amendment that removed the most severe penalties. It could be heard next week.

The state Senate Judiciary Committee unanimously approved changes to state law governing conservatorships on Tuesday after hearing a report from the Tennessee Bar Association. The Tennessean reports that TBA legislative counsel Steve Cobb told the panel that a statewide series of hearings showed the ways emergency cases are being handled varies widely and that some cases are disturbing. The Tennessean says the bill will include new provisions under which people can be placed under a conservator’s control without notice and clarify the role of people appointed to serve as a “guardian ad litem” or fact-finder in the cases.

A state House committee has stripped student identification cards issued by public universities from a bill about photo IDs that can be used to vote. This comes less than a week after a full Senate voted to pass a bill allowing student IDs, the Memphis Daily News reports. Rep. Jeremy Durham, R-Franklin, made the change, supported by Rep. Susan Lynn of Mt. Juliet, who said she was sponsoring the House version of the bill on behalf of the fellow Republican Sen. Bill Ketron of Murfreesboro.

Legislation to significantly revamp the Judicial Performance Evaluation Commission could be heard as early as tomorrow in a House Judiciary subcommittee. The bill (SB 1058/HB 1227), as amended last week in the Senate Judiciary Committee, removes all of the present Judicial Performance Evaluation Commission members, reconstitutes the body without any judges as members, allows the commission to rewrite evaluation criteria, and provides that if an incumbent appellate level judge is evaluated as “for replacement,” that judge may not stand for retention election. The resulting judicial vacancy would then be filled by gubernatorial appointment after a nominating commission recommendation. TBA President Jackie Dixon said action on this bill right now amounts to “changing the rules, the referees and the scorekeeping after the two minute warning.” Retention elections are set for August 2014 for all current Supreme Court, Court of Appeals and Court of Criminal Appeals judges.

Legislation set for consideration in the Senate Judiciary Committee today to limit the effect of the collateral source rule in litigation (SB 1184/HB 978) will be studied over the off-legislative session instead. The Senate sponsor, Jim Tracy, R-Shelbyville, expressed his intention that the bill be first on the Senate Judiciary Committee calendar in 2014. The TBA has opposed the change in Tennessee tort law.