Amends TCA Title 9, Chapter 8, Part 1 and Title 9, Chapter 8, Part 4.
This bill adds and revises provisions regarding claims administration. This bill also requires the state treasurer, in conjunction with the commissioner of transportation, to develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of such conditions. Under the present law provisions governing the board of claims, any claim filed with the division of claims and risk management may be settled pursuant to the present law provisions governing compromise and settlement of litigation by and against the state (TCA 20-13-103), following consultation with the governmental entity involved. Additionally, the attorney general, with the written approval of the governor and the comptroller, may authorize the state treasurer to settle certain classes of claims without the necessity of complying with TCA 20-13-103. This bill revises the above provision to instead provide that a claim filed with the division may be settled pursuant to TCA 20-13-103, following consultation with the governmental entity involved; but the state treasurer may settle the following classes of claims filed with the division without complying with TCA 20-13-103: (A) Claims alleging a negligent act or omission of a state employee or the state; provided, that the state treasury's authority to settle such claims is limited to an amount no greater than $300,000 per claimant, subject to the per occurrence limitation contained in TCA 9-8-307(e). TCA 9-8-307(e) provides that for causes of action arising in tort, the state is only liable for damages up to the sum of $300,000 per claimant and $1 million per occurrence; (B) Claims filed by a state employee for the loss, damage, or destruction of personal property; provided, that the state treasurer's authority to settle such claims is limited to an amount no greater than $50,000 per claim; (C) Claims filed by a state employee for workers' compensation benefits, subject to the restrictions and limitations contained in the Workers' Compensation Law; or (D) Claims filed by a party seeking compensation under the Criminal Injuries Compensation Act of 1976. Present law provides that the attorney general must represent the state in all claims before the commission; however, the attorney general may delegate to the department of the treasury or the governmental entity against which the claim is made the authority to negotiate prehearing claim settlements, and to represent the state in proceedings before the claims commission or any portion of that authority which the attorney general and reporter deems appropriate. This bill rewrites this provision to require the attorney general to represent the state in all claims before the commission that are not otherwise settled by the state treasurer; this bill removes the delegation provisions. This bill requires the state treasurer, in conjunction with the department of transportation, to develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of the conditions. To fulfill such duties, the state treasurer, in the state treasurer's discretion, may utilize and modify an existing system of the department of transportation or the department of treasury, or may purchase a new system. One centralized telephone number must be established for persons to report alleged dangerous conditions on state-maintained highways. This bill requires the state treasurer to enter into a memorandum of understanding with the commissioner of transportation to share and exchange information to be maintained in the centralized system. This bill authorizes the treasurer to contract with third-party entities and individuals to obtain and maintain information in the centralized system. This bill authorizes the expenditure of funds from the state's risk management fund to pay expenses and costs relative to the centralized system, including, but not limited to, salary and benefit costs for employees to administer the centralized system. ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2706, AS AMENDED. AMENDMENT #1 removes all provisions of this bill except for those regarding the centralized information system; and specifies, in regard to this bill's provision whereby the treasurer may utilize and modify an existing system of the department of transportation or the department of treasury, or may purchase a new system for the centralized information system, that such action would be in conjunction with the department of transportation.
This bill adds and revises provisions regarding claims administration. This bill also requires the state treasurer, in conjunction with the commissioner of transportation, to develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of such conditions. Under the present law provisions governing the board of claims, any claim filed with the division of claims and risk management may be settled pursuant to the present law provisions governing compromise and settlement of litigation by and against the state (TCA 20-13-103), following consultation with the governmental entity involved. Additionally, the attorney general, with the written approval of the governor and the comptroller, may authorize the state treasurer to settle certain classes of claims without the necessity of complying with TCA 20-13-103. This bill revises the above provision to instead provide that a claim filed with the division may be settled pursuant to TCA 20-13-103, following consultation with the governmental entity involved; but the state treasurer may settle the following classes of claims filed with the division without complying with TCA 20-13-103: (A) Claims alleging a negligent act or omission of a state employee or the state; provided, that the state treasury's authority to settle such claims is limited to an amount no greater than $300,000 per claimant, subject to the per occurrence limitation contained in TCA 9-8-307(e). TCA 9-8-307(e) provides that for causes of action arising in tort, the state is only liable for damages up to the sum of $300,000 per claimant and $1 million per occurrence; (B) Claims filed by a state employee for the loss, damage, or destruction of personal property; provided, that the state treasurer's authority to settle such claims is limited to an amount no greater than $50,000 per claim; (C) Claims filed by a state employee for workers' compensation benefits, subject to the restrictions and limitations contained in the Workers' Compensation Law; or (D) Claims filed by a party seeking compensation under the Criminal Injuries Compensation Act of 1976. Present law provides that the attorney general must represent the state in all claims before the commission; however, the attorney general may delegate to the department of the treasury or the governmental entity against which the claim is made the authority to negotiate prehearing claim settlements, and to represent the state in proceedings before the claims commission or any portion of that authority which the attorney general and reporter deems appropriate. This bill rewrites this provision to require the attorney general to represent the state in all claims before the commission that are not otherwise settled by the state treasurer; this bill removes the delegation provisions. This bill requires the state treasurer, in conjunction with the department of transportation, to develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of the conditions. To fulfill such duties, the state treasurer, in the state treasurer's discretion, may utilize and modify an existing system of the department of transportation or the department of treasury, or may purchase a new system. One centralized telephone number must be established for persons to report alleged dangerous conditions on state-maintained highways. This bill requires the state treasurer to enter into a memorandum of understanding with the commissioner of transportation to share and exchange information to be maintained in the centralized system. This bill authorizes the treasurer to contract with third-party entities and individuals to obtain and maintain information in the centralized system. This bill authorizes the expenditure of funds from the state's risk management fund to pay expenses and costs relative to the centralized system, including, but not limited to, salary and benefit costs for employees to administer the centralized system. ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2706, AS AMENDED. AMENDMENT #1 removes all provisions of this bill except for those regarding the centralized information system; and specifies, in regard to this bill's provision whereby the treasurer may utilize and modify an existing system of the department of transportation or the department of treasury, or may purchase a new system for the centralized information system, that such action would be in conjunction with the department of transportation.
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