Tennessee § 29-20-408 - Catastrophic injuries fund commission created.

§ 29-20-408. Catastrophic injuries fund commission created.

There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a governmental entity and to study other issues relating to governmental tort liability. Such commission shall consist of the following members: Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002; Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002; The comptroller of the treasury or the comptroller's designee; The state treasurer or the treasurer's designee; The secretary of state or the secretary's designee; and The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the judiciary, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission. If the speakers are unable to appoint four (4) members from the list of eight (8) submitted pursuant to subsection (a)(1) or (a)(2), the speakers shall notify the association or entities submitting the initial list and they shall have no more than forty-five (45) days to submit a new list of eight (8) persons. The speakers may request no more than two (2) such additional lists in making the respective four (4) member appointments. If for any reason a vacancy occurs in the commission membership appointed pursuant to subdivision (a)(1) or (a)(2), the association or entities making the original appointment shall have no more than thirty (30) days to submit to the speakers a list of two (2) persons to fill each such vacancy. The speakers shall jointly appoint a member to fill the vacancy in the same manner as the initial appointment. The commission shall first convene at the call of the state treasurer who shall serve as chair and shall coordinate the work of the commission. The catastrophic injuries fund commission shall design, develop and propose legislation to the general assembly to enact and implement the catastrophic injuries fund by July 1, 2006. The commission may report on and propose legislation, if necessary, on other issues related to governmental tort liability at any time, but no later than July 1, 2006. Acts 2001, ch. 424, § 3; 2013, ch. 236, § 84; 2019, ch. 345, § 30. Compiler's Notes. Acts 2001, ch. 424, § 4, provided that the state share of the cost pursuant to article II, § 24 of the Constitution of Tennessee for any increased expenditure required by a county by the provisions of the act shall be provided from the unallocated tax revenue of state-shared taxes enumerated in § 9-6-301 (now § 9-4-5301 ). Acts 2001, ch. 424, § 5, provided that the amendments to this section would not take effect unless House Bill No. 1555/Senate Bill No. 1013, relating to the definition of “health care practitioner” for purposes of the governmental tort liability act was also enacted and became effective. House Bill No. 1555/Senate Bill No. 1013 was enacted as Acts 2001, ch. 419, effective June 27, 2001. Amendments. The 2013 amendment substituted “chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees” for “chair of the senate and house of representatives state and local government committees, judiciary committees and finance ways and means committees, or such chair's designees” in (a)(6). The 2019 amendment substituted “judiciary” for “civil justice” following “senate and the” in (a)(6). Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013. Acts 2019, ch. 345, § 148. May 10, 2019. Cross-References. Definition of “health care practitioner” for purposes of governmental tort liability act, § 29-20-310 . Cited: Estate of Bell v. Shelby County Health Care Corp., 318 S.W.3d 823, 2010 Tenn. LEXIS 569 (Tenn. June 24, 2010); Hughes v. Metro. Gov't of Nashville & Davidson County, 340 S.W.3d 352, 2011 Tenn. LEXIS 455 (Tenn. May 24, 2011); Durrett Inv. Co. v. City of Clarksville, — S.W.3d —, 2013 Tenn. App. LEXIS 110 (Tenn. Ct. App. Feb. 15, 2013).