2010 Tennessee Code
Title 29 - Remedies And Special Proceedings
Chapter 20 - Governmental Tort Liability
Part 4 - Funding and Insurance
29-20-408 - Catastrophic injuries fund commission created.

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

(a)  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:

     (1)  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;

     (2)  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;

     (3)  The comptroller of the treasury or the comptroller's designee;

     (4)  The state treasurer or the treasurer's designee;

     (5)  The secretary of state or the secretary's designee; and

     (6)  The 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, who shall be ex officio non-voting members of the commission.

(b)  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.

(c)  If for any reason a vacancy occurs in the commission membership appointed pursuant to subsection (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.

(d)  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.

(e)  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.]