Civil Justice subcommittee rolls House Bill 4 seeking higher government liability limits

The Civil Justice Subcommittee on Thursday postponed consideration of House Bill 4 for two weeks after the bill’s sponsor asked for more time to reach agreement with stakeholders.

Representative Bullsoe, the bill’s sponsor, said the measure “seeks to increase the insurance coverage available under the Governmental Tort Liability Act.” He told the committee the act was first adopted by the General Assembly in 1973 and that the statutory limits have not been raised since 2007, when coverage for personal injury reached $300,000. “With the chairman's permission and with the committee's permission, I'd like to roll this bill for 2 weeks to give us an opportunity to reach perhaps an agreement among the various stakeholders and return with further information in 2 weeks,” Bullsoe said.

The nut graf: the proposed change would alter the maximum recoverable insurance amount that allows citizens to bring claims against political subdivisions. Bullsoe said the current framework began after Tennessee moved away from sovereign immunity and that many local governments satisfy the statute’s insurance requirement through self-insurance, commercial policies, special funds or pooling arrangements. He told the committee stakeholders on both sides appeared to agree that an update is timely.

Chairman Lowell Russell confirmed the postponement on a voice basis. “Without objection, House Bill number 4 will be rolled 2 weeks,” Russell said. The subcommittee recorded no roll-call vote; the chair stated the action was taken without objection.

Committee staff and members also reviewed routine committee rules and procedures at the start of the meeting, including deadlines for placing bills on notice and for filing committee amendments. Earlier on the calendar the chair noted that House Bill 571 by Representative Barrett was taken off notice.

Discussion: Bullsoe outlined the history of the statute and cited the original 1973 enactment, when Tennessee created an exception to sovereign immunity tied to insurance coverage. He said the statutory personal-injury limit started at $40,000 in 1973 and had been raised to $300,000 in February 2007. He said approximately 18 years had passed without a further increase. Bullsoe said he had “had a chance to speak with stakeholders on both sides of this issue,” and described a “general consensus” that an adjustment should be considered.

Outcome and next steps: The subcommittee postponed the bill for two weeks to allow sponsors and stakeholders to negotiate possible changes and to return with more information. No formal amendment was adopted at the meeting, and no numeric increase was proposed on the floor during the session.

Votes at a glance

- House Bill 4 (sponsor: Representative Bullsoe): Motion to roll the bill for two weeks — adopted without objection; no roll-call vote recorded. - House Bill 571 (sponsor: Representative Barrett): Taken off notice (procedural); no discussion recorded.

Ending: The committee adjourned after completing its calendar and confirming the two-week roll of HB4. The subcommittee did not set a specific date for the resumed hearing during the meeting transcript.