Printed 02/17/2014
Associated Builders & Contractors 2014
SB1435 / HB1464 Denial of application for an existing licensed contractor.
Category Construction
Sponsors Sen. Doug Overbey / Rep. Bob Ramsey
Description Requires the state board for licensing contractors to deny a contractor application if the
applicant's trading name is identical to the name being used by an existing licensee or similar
enough to cause confusion, unless the applicant has acquired the exclusive right to use the
name as a registered trademark.
Senate Status 02/10/2014 - Senate passed.
House Status 02/13/2014 - Set for House Regular Calendar 02/20/14.
ABC’s Position
SB1467 / HB1562 Exempts products from the definition of solid waste.
Category Environment & Nature
Sponsors Sen. Mark S. Norris / Rep. Ron Lollar
Description Exempts "products", defined as materials which are an intended output or result of a
fabrication, manufacturing or production process, and are sold and distributed in a stream of
commerce for consumption, use, or further processing into a desired commodity, such as a
steel slag or mill scale, from the definition of "solid waste", as it applies to the Tennessee
Solid Waste Disposal Act. Requires that a product must be managed as an item of value in a
controlled manner and not as a discarded material for the exemption to apply.
Amendment House Agriculture & Natural Resources Subcommittee amendment 1 rewrites the bill.
Senate Status 01/15/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status 02/13/2014 - Set for House Agriculture & Natural Resources Committee 02/18/14.
Comment TN Chamber bill for NuCor Steel.
SB1504 / HB1517 Licensure requirements - architects and engineers.
Category Professions & Licensure
Sponsors Sen. Mark Green / Rep. John C. Tidwell
Description Establishes that if an architect or engineer is registered by the board of examiners for
architects and engineers no other state board commission or entity shall possess or exercise
regulatory jurisdiction over them relative to the performance of architectural and engineering
services. Broadly captioned.
Senate Status 01/15/2014 - Referred to Senate Commerce & Labor Committee.
House Status 01/22/2014 - Referred to House Business & Utilities Subcommittee.
SB1505 / HB1442 Revises laws relating to non-profit corporations.
Category Commercial Law
Sponsors Sen. Jack Johnson / Rep. William G. Lamberth
Description Makes several revisions to the Tennessee Nonprofit Corporation Act. Most of the more
significant changes alter notices, filing requirements, filing fees, indemnification and liability,
actions without a meeting, proxies, inspectors of election, the exercise of powers of directors,
liability for unlawful distributions, duties of officers, removal of officers, conflict of interest,
charter and bylaw amendments, mergers, membership exchanges and conversions,
transfers of assets, and other provisions. (90 pp.)
Amendment Senate Commerce & Labor Committee amendment 1 (011253) makes several technical
corrections regarding cite references. Deletes provision in Section 19 of the original bill that
allowed the liability of a director of a corporation, not a public benefit corporation, to be
eliminated or limited by a provision of the charter under certain circumstances. Deletes
Section 24 of the original bill regarding notice of meetings for mutual benefit corporations, the
list of names of all members entitled to notice of a meeting, and regarding inspection
requirements for corporations when a member has demanded an inspection of the list be
completed. House Civil Justice Subcommittee amendment 1 (011774) provides technical
changes.
Senate Status 01/21/2014 - Senate Commerce & Labor Committee recommended with amendment 1,
which makes technical corrections and deletes section 24 of the bill. Sent to Senate
Calendar Committee.
House Status 02/13/2014 - Set for House Civil Justice Committee 02/19/14.
SB1507 / HB1509 Human rights violations - remedies and special proceedings.
Category Judiciary
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Specifies that the statutory remedies provided under title 4, chapter 21, regarding human
rights are the sole and exclusive remedies to a person injured by a violation of the chapter.
Amendment Senate Judiciary amendment 1 (011711) exempts actions regarding discriminatory housing
practices from the provisions in this bill.
Senate Status 02/13/2014 - Set for Senate Judiciary Committee 02/18/14.
House Status 01/22/2014 - Referred to House Civil Justice Subcommittee.
SB1555 / HB1607 Sunsets the state board for licensing contractors.
Category
Sponsors
Description
Senate Status
House Status
Government Organization
Sen. Mike Bell / Rep. Judd Matheny
Sunsets the state board for licensing contractors on June 30, 2020.
01/16/2014 - Referred to Senate Government Operations Committee.
02/13/2014 - Set for House Government Operations Committee Consent Calendar 02/18/14.
SB1613 / HB1964 Liability protection for partners of a limited liability partnership.
Category Commercial Law
Sponsors Sen. John Stevens / Rep. Jon Lundberg
Description Clarifies liability protection for partners of a limited liability partnership to include that partners
are not personally liable for an obligation solely by reason of being or acting as a partner.
Amendment Senate amendment 1 (011826) adds a section providing that limitations on individual partner
liability established by the proposed legislation do not apply to obligations incurred prior to
July 1, 2014.
Senate Status 02/12/2014 - Senate passed with amendment 1.
House Status 02/04/2014 - Referred to House Business & Utilities Subcommittee.
SB1640 / HB1435 Third party appeals of permits.
Category Environment & Nature
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Establishes that in permitting decision pertaining to air quality, solid waste and hazardous
waste, an appeal by a third party who is aggrieved may only be initiated if the person
participated in the public comment period or gave testimony at a formal public hearing.
Requires the appeal to be based on the issues that were presented to the commissioner in
writing during the public comment period or in testimony during the formal public hearing.
Allows for such an appeal in the instance that material changes were made to the final permit
which were not subject to public comment. Requires that such an appeal must be filed with
the technical secretary within 30 days after the commissioner's decision on whether to issue
or deny the permit is posted on the department's website.
Senate Status 02/10/2014 - Senate passed.
House Status 02/13/2014 - Set for House Regular Calendar 02/20/14.
Comment TDEC Administration Bill.
SB1644 / HB1439 Industry Highway Act - expansion and fund allocation modification.
Category Transportation General
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Renames the "Industrial Highway Act" as the "State Industrial Access Act". Requires a joint
finding made by the department of economic and community development and TDOT,
instead of solely by TDOT, to approve of the construction of an industrial highway or railway
as a necessary and cost-effective means to secure the development of an industrial site or
park. Requires municipalities, as defined in the section, to be responsible for the
maintenance of any industrial highway within the area of its jurisdiction. Authorizes TDOT to
enter into agreements with municipalities regarding the proportion of preliminary engineering
and design costs to be paid by the state and the municipality. Authorizes TDOT to use funds
allocated to the transportation equity trust fund from the sale of fuels used for railways for the
purpose of developing and constructing any industrial railway, provided that the funds have
not already been allotted for other railway development purposes. Requires other technical
changes to be made to provide for consistency.
Amendment SENATE AMENDMENT 1 (012001) makes the bill. Removes railways from the bill. HOUSE
TRANSPORTATION SUBCOMMITTEE amendment 1 removes railways from the bill.
Senate Status 02/10/2014 - Senate passed with amendment 1 (012001), which makes the bill. Removes
railways from the bill.
House Status 02/13/2014 - Set for House Transportation Committee 02/18/14.
Comment TDOT Administration Bill. Support as amended. Strikes use of SIA funds for railroads.
SB1645 / HB1440 Revises various workers' compensation provisions.
Category Workers Compensation
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Revises various provisions relative to workers' compensation. Defines specialty practice
group. Alters distribution of proceeds from certain penalty payments. Alters provisions
regarding specific documented findings by the court. Alters penalties and procedure for
noncompliance with insurance requirements. (11 pp.)
Senate Status 01/16/2014 - Referred to Senate Commerce & Labor Committee.
House Status 01/15/2014 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status 02/13/2014 - Set for Workers' Compensation Advisory Council 02/21/14.
Comment Administration Bill
SB1646 / HB1441 Providing of benefits available through the uninsured employers fund
Category Workers Compensation
Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick
Description Authorizes the administrator of the division of workers' compensation to withdraw up to 25
percent of the balance of funds, after certain costs and expenditures have been satisfied,
from the employee misclassification education and enforcement fund and transfer it to
uninsured employers fund to provide certain benefits for injured workers. Authorizes the
administrator to use the remaining funds to provide temporary disability and medical benefits
to eligible employees who suffer from an injury at their place of employment with an
employer who failed to secure the payment of compensation at the time of the injury.
Specifies the process and requirements for an eligible employee who seeks to obtain such
benefits. Requires that no more than $40,000 may be given to an eligible employee for
compensation benefits and specifies how the funds may be used. Provides that if judgment
has been decided in favor of the employee, the division is authorized to assume the rights of
a creditor against the uninsured employer and may take certain steps that are necessary to
recover the money that is owed.
Senate Status 01/16/2014 - Referred to Senate Commerce & Labor Committee.
House Status 01/15/2014 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status 02/06/2014 - Workers' Compensation Advisory Council recommended.
Comment Administration Bill.
SB1653 / HB1951 State building commission - requirements for submission of plans.
Category Government Contracts
Sponsors Rep. Bob Ramsey / Rep. Bill Sanderson
Description Provides an exception to the requirement that contracts for the improvement of real property
belonging to the state be approved by the state building commission before being awarded
by allowing such projects to be awarded if the commission approves the utilization of an
alternative delivery method that provides for the contract award prior to the completion of the
project.
Senate Status 01/22/2014 - Referred to Senate State & Local Government Committee.
House Status 02/13/2014 - Set for House State Government Subcommittee 02/19/14.
SB1661 / HB1688 Criminal offense - mass picketing and targeted residential picketing.
Category Criminal Law
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Creates Class C misdemeanor to intentionally, knowingly, or recklessly engage in certain
mass picketing activities during a labor dispute unless such picketing occurs at a
governmental building or facility. Specifies that such offense applies if such picketing occurs
at a private residence in certain situations.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 02/13/2014 - Set for House Consumer & Human Resources Subcommittee 02/19/14.
SB1662 / HB1687 Criminal activities involving union and employee organizations.
Category Criminal Law
Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description Makes certain activities related to labor and employment relationships unlawful. Under
present law, a person commits the Class B felony of bribery of a public servant who offers,
confers, or agrees to confer any monetary benefit upon a public servant with the intent to
influence the public servant's vote, opinion, judgment, exercise of discretion or other action in
the public servant's official capacity. Specifies that it is not a defense to prosecution for this
offense that the person who sought to influence a public official took action on behalf of a
public or private organization, corporation, union, agency or other entity, for purposes of an
organizing campaign or any other lawful purpose. Generally, under present law, a person
commits the Class D felony of extortion who uses coercion upon another person with the
intent to: (1) Obtain property, services, any advantage or immunity; or (2) Restrict unlawfully
another's freedom of action. Adds that a person would also commit extortion who uses
coercion upon another person with the intent to impair a business, a union, or the owners or
employees of a business, from exercising their rights in an effort to obtain something of value
for a public or private organization, corporation, union agency, person or other entity,
including a neutrality agreement, card check agreement, recognition, or any other objective
of an organized effort to unlawfully bring pressure on an entity, other than through collective
bargaining, or any other activity protested by federal law, for the purpose of influencing a
labor relation's goal or objective. Under present law, a person commits a Class A
misdemeanor who knowingly participates in a riot. A person commits the Class A
misdemeanor of inciting to riot who incites or urges three or more persons to create or
engage in a riot. A person commits the Class E felony of aggravated riot who: (1) Knowingly
participates in a riot; and (2) As a result of the riot a person other than one of the participants
suffers bodily injury or substantial property damage occurs. This bill specifies that any
otherwise lawful activity, such as the participation in a union or employee organized event
may constitute a riot if the public peace is disturbed by tumultuous or threatening conduct.
Senate Status 01/22/2014 - Referred to Senate Judiciary Committee.
House Status 02/13/2014 - Set for House Consumer & Human Resources Subcommittee 02/19/14.
Comment US Chamber bill.
SB1665 / HB1515 Job tax credit for employers who hire certain veterans.
Category Taxes Business
Sponsors Sen. Jack Johnson / Rep. Kevin Brooks
Description Provides a job tax credit on the lesser of $5,000 or 20 percent of gross annual wages against
an employer's franchise and excise tax liability for each veteran hired. Requires the veteran
to: (A) be a Tennessee resident; (B) have been unemployed for four or more weeks prior to
being hired; (C) have served on active duty after September 11, 2001; (D) have been hired
on or after January 1, 2014; (E) provide documentation that the employer must maintain
which signifies that the veteran was called into active military service and served honorably;
(F) be employed for a designated amount of time with the employer before such a tax
exemption can be provided. Provides that an employer who qualifies for the exemption is
allowed to carry forward unused job tax credit.
Senate Status 01/28/2014 - Referred to Senate Finance Tax Subcommittee.
House Status 01/22/2014 - Referred to House Business & Utilities Subcommittee.
SB1667 / HB1682 Contact info for small business advocate on penalty assessments.
Category Government Organization
Sponsors Sen. Jack Johnson / Rep. Jeremy Durham
Description Requires any department or agency that has regulatory authority over business activity must
include the contact information for the small business advocate on any penalty assessment
communication sent by the department or agency.
Senate Status 01/22/2014 - Referred to Senate State & Local Government Committee.
House Status 01/29/2014 - Referred to House State Government Subcommittee.
SB1668 / HB1683 Unemployment benefits - drug screens for certain persons.
Category Labor Law
Sponsors Sen. Jack Johnson / Rep. Jeremy Durham
Description Requires an unemployment claimant to pass a drug screen to receive unemployment
benefits if the only suitable work available for the person is an occupation that regularly
conducts pre-employment drug testing or the person was terminated from most recent
employer because of unlawful use of a non-prescribed controlled substance. Allows such
person to receive unemployment benefits after failing a drug screen if the person is receiving
certain drug treatment or passes a subsequent drug screen. Requires an appeal process be
created for appealing failed drug screens. Requires notice of appeal and drug screen failure
be provided to persons who fail such screens.
Senate Status 02/11/2014 - Senate Commerce & Labor Committee deferred 03/04/14.
House Status 01/29/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB1713 / HB1671 Bid document procedures and requirements.
Category Government Contracts
Sponsors Sen. Ken Yager / Rep. Steve McDaniel
Description Revises certain provisions regarding contracting bidding document procedures, and removes
civil and criminal penalties for persons violating such procedures.
Senate Status 01/22/2014 - Referred to Senate Commerce & Labor Committee.
House Status 01/29/2014 - Referred to House State Government Subcommittee.
SB1714 / HB1670 Local governments can receive RFPs electronically.
Category Government Contracts
Sponsors Sen. Ken Yager / Rep. Steve McDaniel
Description Allows local governments to distribute and receive invitations to bid and requests for
proposals electronically instead of by mail. Prohibits state agencies and local governments
from requiring small businesses and minority-owned businesses to receive or respond to
invitations to bid, requests for proposals, or other solicitations electronically.
Senate Status 02/11/2014 - Senate State & Local Government Committee deferred to 02/25/14.
House Status 01/29/2014 - Referred to House State Government Subcommittee.
SB1723 / HB1474 Historic Rehabilitation Tax Credit Act.
Category Taxes Property
Sponsors Sen. Jack Johnson / Rep. Steve McDaniel
Description Establishes a tax credit for an owner of a certified historic structure that incurs qualified
rehabilitation expenditures for the rehabilitation of that structure. Provides that the tax credit
may be used against any state premium tax liability and is to be equal to 25 percent of the
qualified rehabilitation expenditures, provided that certain requirements for the rehabilitation
are met. Requires that requests for a property to be designated as a certified historic
structure or for a proposed rehabilitation must be made on application forms provided by the
Tennessee historical commission, which shall entail certain standards, such as those
established by the United States department of the interior for rehabilitation. Authorizes the
commission to issue tax credit certificates to an owner for qualified rehabilitation
expenditures, on the condition that an audited cost report of the rehabilitation by a public
accountant is performed and there is evidence that the historic structure has been placed in
service.
Senate Status 02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status 01/22/2014 - Referred to House Finance Subcommittee.
SB1728 / HB1371 Licensure - persons who install and maintain elevators.
Category Professions & Licensure
Sponsors Sen. Todd Gardenhire / Rep. Darren Jernigan
Description Requires a person erecting, constructing, altering, replacing, maintaining, removing, or
dismantling any conveyance to have an elevator mechanic license and to be working under
the direct supervision of a sole proprietor, firm, or corporation that is an elevator contractor.
Prohibits a person from wiring any conveyance from the mainline feeder terminals on the
controller unless such person has an elevator mechanic license and is working under the
direct supervision of an elevator contractor. Specifies licensure requirements for elevator
mechanics and for elevator contractors, including continuing education requirements and
liability coverage. Specifies that licenses are to be renewed biennially and that the
commissioner is to set the fees for renewal. Gives the commissioner the ability to issue
emergency elevator mechanic licenses in the event of a disaster or work stoppage. Requires
the commissioner to promulgate rules to impose a safety fee on elevator inspections and
elevator installations to fund this act. Exempts certain businesses that conduct their own
elevator maintenance prior to the effective date of this act from the provisions of this act.
Senate Status 01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status 01/15/2014 - Referred to House Business & Utilities Subcommittee.
SB1764 / HB1492 Bid preferences - public construction projects of local governments.
Category Government Contracts
Sponsors Sen. Bill Ketron / Rep. Gerald McCormick
Description Specifies that the only bid preferences that are permissible in public construction projects of
local governments are those created by the general assembly by general law. Prohibits local
authorization for bid preferences for contracts unless general assembly specifically
authorizes such actions to occur.
Senate Status 01/23/2014 - Referred to Senate State & Local Government Committee.
House Status 02/11/2014 - House State Government Committee deferred to 03/04/14.
SB1799 / HB1493 Disposal of asphalt roofing shingles.
Category Environment & Nature
Sponsors Sen. Steve Southerland / Rep. Ryan Williams
Description Prohibits owners and operators of sanitary landfills located within a 25 mile radius of sites
where asphalt roofing shingles are recycled pursuant to the issuance of a permit-by-rule from
accepting, for disposal, loads of whole or processed asphalt roofing shingles. Requires the
underground storage tanks and solid waste disposal control board to post on its website the
name and address of each site at which the recycling of asphalt roof shingles is approved
pursuant to the issuance of a permit-by-rule. Authorizes the board to promulgate rules and
regulations in accordance with the UAPA to effectuate the purposes of this act.
Senate Status 01/23/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status 02/13/2014 - Set for House Agriculture & Natural Resources Subcommittee 02/19/14.
SB1808 / HB1852 Employee Online Privacy Act of 2014.
Category Labor Law
Sponsors Sen. Frank Niceley / Rep. Dennis E. Roach
Description Prohibits an employer from requesting or requiring an employee or an applicant from
disclosing a password that allows access to the employee's or applicant's personal Internet
account. Also prohibits the employer from compelling an employee or employer to add the
employer or an employment agency to the employee's or applicant's list of contacts
associated with a personal Internet account. Prohibits an employer from taking adverse
action, failing to hire, or otherwise penalizing an employee or applicant because of a failure
to disclose information or take an action specified regarding the employee or applicant's
personal Internet account. Clarifies that an employer is not prohibited from requesting or
requiring an employee to disclose a username or password used to gain access to an
electronic communications device supplied by or paid for wholly or in part by the employer.
Senate Status 01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB1811 / HB2030 Criminal trespass - union activities and public notice.
Category Criminal Law
Sponsors Sen. Frank Niceley / Rep. Andy Holt
Description Expands the offense of criminal trespass to include a prohibition against persons who are not
employees of the property owner from conducting labor union activities on the property.
Establishes a no trespass public notice list to be maintained by the secretary of state.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB1827 / HB1717 Reduces Hall Income Tax.
Category Taxes General
Sponsors Sen. Jack Johnson / Rep. Charles M. Sargent
Description For tax years beginning January 1, 2015, reduces Hall income tax rate .75% per year. For
tax year beginning January 1, 2022, eliminates Hall income tax.
Senate Status 02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status 01/29/2014 - Referred to House Finance Subcommittee.
SB1862 / HB1850 Keep Jobs in Tennessee Act.
Category Economic Development
Sponsors Sen. Reginald Tate / Rep. Gloria Johnson
Description Enacts the "Keep Jobs in Tennessee Act". Requires that contractors working on public
construction projects employ at least 80 percent state residents in their workforce. Allows the
state building commission to waive this requirement if there is reasonable evidence that
shows there is insufficient Tennessee labor and compliance would substantially delay the
project. Outlines the process for the commission to investigate a claim that a business has
failed to meet such a requirement, and if the commissioner finds that such a violation has
occurred, it shall impose a fine as follows: on the first violation, the lesser of $5,000 or an
amount equal to 1 percent of the cost of the contract; for the second violation, the lesser of
$10,000 or an amount equal to 1 percent of the cost of the contract; for the third violation, the
lesser of $25,000 or an amount equal to one percent of the cost of the contract. Provides that
in any bidding process for a project, a bidder who is not a resident and who is from a state
that provides a percentage bidding preference to resident bidders of that state shall have a
comparable percentage disadvantage applied to their bid. Requires the commission to
compile and promulgate information regarding the provisions of this bill, including a list of
states that provide a similar bidding preference that may affect a bidder who is a
nonresident. (11 pp.)
Senate Status 01/23/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House State Government Subcommittee.
SB1880 Contested elections for judges of the supreme court.
Category Judiciary
Sponsors Sen. Frank Niceley
Description Removes the present law provisions regarding the nomination, appointment, and
performance evaluation of appellate and supreme court judges and instead requires the
election of all judges. Specifies that if a vacancy occurs during the term of office of any
judge, including an appellate or supreme court judge, then the vacancy would be filled, for
the remainder of the unexpired term, by the qualified voters of the state in a contested
election held at the next regular August election recurring more than 30 days after the
vacancy occurs. In the meantime, the governor would appoint a person to discharge the
duties of such office until the first day of September next succeeding the election.
Senate Status 01/23/2014 - Referred to Senate Judiciary Committee.
House Status None
SB1973 / HB1890 Awarding of purchases to minority-owned businesses.
Category Government Contracts
Sponsors Sen. Reginald Tate / Rep. Karen D. Camper
Description Requires the chief procurement officer to make available to the public on the officer's website
all reports submitted to the governor and the general assembly concerning the awarding of
purchases to minority-owned businesses, woman-owned businesses, service-disabled
veteran-owned businesses, or small businesses. Broadly captioned.
Senate Status 01/27/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House State Government Subcommittee.
SB1981 / HB2039 Employment restrictions on certain public employees.
Category Public Employees
Sponsors Sen. Lowe Finney / Rep. Bo Mitchell
Description Prohibits any commissioner or deputy commissioner employed by the state, who is involved
in making or administering contracts on behalf of the state agency, from accepting
employment with any entity that has contracted with such public agency within one year of
the formation of the contract.
Senate Status 01/27/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House State Government Subcommittee.
SB2026 / HB1834 E-Verify required for of employers with more than six employees.
Category Labor Law
Sponsors Sen. Joey Hensley / Rep. Joe Carr
Description Requires governmental entities and private employers with 6 or more employees to verify
new hires using the E-Verify program.
Senate Status 01/29/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House State Government Subcommittee.
SB2080 / HB1946 Tennessee Small Business Procurement and Contracting Opportunity Act.
Category Economic Development
Sponsors Sen. Mark S. Norris / Rep. Larry J. Miller
Description Establishes the Tennessee Small Business Procurement and Contracting Opportunity Act.
Requires the chief procurement officer to adopt a plan to maximize participation of
Tennessee small business in state agency procurement and contracting; the department
must strive to achieve a minimum participation goal of 20 percent of Tennessee small
businesses through both prime and second-tier state agency procurement and contracting
opportunities. Requires the chief procurement officer to promulgate regulations authorizing a
preference for Tennessee small businesses in the evaluation of proposals for state contracts,
requires that the preference to be given to a Tennessee small business must not exceed 5
percent of the lowest responsive, responsible bidder meeting specifications and must be
applied on a sliding scale. Requires the chief procurement officer to identify qualified
Tennessee small businesses to undertake training programs and other educational activities
that will enable those businesses to compete for contracts on an equal basis with other
businesses. Requires the procurement commission to submit a report on the effectiveness of
this bill to the governor and to each member of the general assembly pursuant prior to
September 1 each year.
Senate Status 01/29/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House Business & Utilities Subcommittee.
SB2088 / HB1786 Ombudsman and judicial appointment powers.
Category Workers Compensation
Sponsors Sen. Mae Beavers / Rep. Mark Pody
Description Requires the division to refer a person to the ombudsman if the claim for workers'
compensation is less than 5,000 dollars. Clarifies that the ombudsman may not provide legal
advice but can provide information regarding the claimant's legal rights, explain the
administrative process, investigate the claim, assist the unrepresented person with
completing forms, and facilitate the production of medical records. Prohibits ombudsman
from testifying in a workers' compensation proceeding. Prohibits statements made to an
ombudsman from being considered by a workers' compensation judge. Allows
unrepresented persons to consult with an ombudsman but requires notice to be provided to
ombudsman and ombudsman's services to cease if such person receives retains counsel.
Divides the power of appointing workers' compensation judges among the governor and the
two speakers of the General Assembly.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/12/2014 - House Consumer & Human Resources Subcommittee referred to Workers'
Compensation Advisory Council.
Executive Status 02/13/2014 - Set for Workers' Compensation Advisory Council 02/21/14.
SB2126 / HB1954 Revises provisions concerning employment litigation in Tennessee.
Category Labor Law
Sponsors Sen. Jack Johnson / Rep. Vance Dennis
Description Removes from the definition of a discriminatory practice the provision to Aid, abet, incite,
compel or command a person to engage in any of the acts or practices declared
discriminatory. Specifies that no individual employee or agent of an employer will be liable for
any violation of human rights that an employer committed. Provides that the sum of the
amount of compensatory damages awarded for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary
losses, may not exceed, for each complaining party: (A) In the case of an employer who has
eight or more but fewer than 15 employees at the time of the cause of action, $25,000; (B) In
the case of an employer who has more than 15 employees but fewer than 101 at the time the
cause of action arose, $50,000; (C) In the case of an employer who has more than 100 and
fewer than 201 employees at the time the cause of action arose, $100,000; (D) In the case of
an employer with more than 200 employees but less than 501 at the time the cause of action
arose, $200,000; and (E) In the case of an employer with more than 500 employees at the
time the cause of action arose, $300,000. Provides that damage limits will not apply to back
pay, interest on back pay, front pay or any equitable relief. Specifies that no employee may
be discharged or terminated solely for refusing to participate in or for refusing to remain silent
about illegal activities who report those illegal activities to an individual or entity other than
the employee's employer or the employer's corporate affiliate prior to the termination of the
employment. Specifies that the statutory law governing discharge for refusal to participate in
or remain silent about illegal activities or use of agricultural product repeals and supersedes
common law with respect to any claim that could have been brought.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2145 / HB1694 Minimum wage for certain employers who don't offer health benefits.
Category Labor Law
Sponsors Sen. Reginald Tate / Rep. Mike Turner
Description Requires employers with 20 or more employees to pay their employees a minimum of $8.25
per hour if they do not provide health benefits to them. Requires this rate and the standard
minimum wage rate of $7.25 per hour to be adjusted by increases in the federal minimum
wage or by cumulative increases in the cost of living, as measured by the consumer price
index. Establishes other requirements for employers to comply with minimum wage changes.
Provides an exemption from such wage requirements for certain forms of employment, such
as outside salespersons whose earnings are based on a commission and taxicab and
limousine drivers. Prohibits an employer from discharging, reducing the compensation of, or
discriminating against an employee for using civil remedies to enforce the provisions of this
statute.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/12/2014 - House Consumer & Human Resources Subcommittee deferred to 02/26/14.
SB2163 / HB2018 Report - improve workplace safety and health for public contractors.
Category Labor Law
Sponsors Sen. Charlotte Burks / Rep. Mike Stewart
Description Requires the commissioner of labor and workforce department to prepare a report on how
this state may improve workplace safety and health for public contractors by January 1,
2015. Broadly captioned.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2164 / HB2017 Appeal process-Occupational Safety and Health Act of 1972.
Category Health Care
Sponsors Sen. Charlotte Burks / Rep. Mike Stewart
Description Authorizes employers having received certain specified citations or notice of civil penalties
for violations of the Occupational Safety and Health Act of 1972, with respect to violations
alleged by the Division of Occupational Safety and Health (the Division), injunctive relief, the
amount of the proposed penalty, and the reasonableness of changes required by the
Division, to appeal to the Occupational Safety and Health Review Commission within 15
days of receiving any such citation or notice of civil penalty. Establishes criteria and
exceptions for injunctive relief.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2171 / HB2016 Confidentiality - certain administrative inspections.
Category Media & Publishing
Sponsors Sen. Charlotte Burks / Rep. Mike Stewart
Description Requires all evidence or information obtained as a result of an administrative inspection by
the department of labor and workforce development to remain confidential. Specifies that
only authorized persons may have access.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2173 / HB2067 Fiscal impact of policy changes proposed by state agencies.
Category Public Finance
Sponsors Sen. Mike Bell / Rep. Ryan Williams
Description Requires any state agency proposing a policy change, beginning October 1, 2014, to submit
written notice describing the change along with a fiscal impact support form to the executive
director of the fiscal review committee. Specifies that notice be submitted at least 60 days
prior to implementing the change. Requires the staff of the fiscal review committee to review
and make determinations regarding the proposed policy change no later than 30 days
following receipt of the fiscal impact support form. Requires the staff of the fiscal review
committee to submit written notice to the finance committees of the general assembly in
instances where the fiscal review committee determines that the policy change increases
expenditures or decreases revenues of the state or of any local governments.
Senate Status 01/29/2014 - Referred to Senate State & Local Government Committee.
House Status 02/12/2014 - House State Government Subcommittee deferred to 03/05/14.
SB2199 / HB2210 Report on bids for water and waste water projects.
Category Utilities
Sponsors Sen. Jack Johnson / Rep. Andy Holt
Description Requires the comptroller of the treasury to prepare a report detailing how the state may
ensure that all proven and acceptable piping materials be included in all bids for water and
wastewater projects. Requires the report to be presented to the state government committee
of the house of representatives an d the state and local committee of the senate on or before
January 1, 2015.
Senate Status 01/29/2014 - Referred to Senate State & Local Government Committee.
House Status 02/04/2014 - Referred to House Business & Utilities Subcommittee.
SB2213 / HB2005 Tennessee Work-Share Act of 2014.
Category Labor Law
Sponsors Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh
Description State Summary - As introduced, enacts the "Tennessee Work-Share Act of 2014." - Amends
TCA Title 50.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2226 / HB1981 Creates a workplace bullying law.
Category Labor Law
Sponsors Sen. James F. Kyle Jr. / Rep. Antonio Parkinson
Description Enacts Health Workplace Bill, a workplace anti-bullying law that provides legal relief for
employees who have been harmed by bullying in the workplace. Employers shall institute a
policy and provide all employees with a copy, by July 1, 2014, of the policy along with
information on the policy's implementation, bullying prevention and strategies to address
bullying and harassment at the workplace.
Senate Status 01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
SB2238 / HB1490 Placement of utilities on county highway or road.
Category Transportation General
Sponsors Sen. Jim Tracy / Rep. Dale Carr
Description Allows utilities to be placed below, along or adjacent to a county road or county road right-ofway with permission of the head of the county highway department. Broadens the Class C
misdemeanor for placing or maintaining an obstruction upon right-of-way of county roads to
include obstructions a person caused to be placed.
Senate Status 01/29/2014 - Referred to Senate Transportation & Safety Committee.
House Status 01/22/2014 - Referred to House Transportation Subcommittee.
SB2345 / HB2346 Creates underground utility damage enforcement board.
Category Government Organization
Sponsors Sen. Bill Ketron / Rep. Gerald McCormick
Description State Summary - As introduced, creates an underground utility damage enforcement board
to resolve complaints related to underground utility damage, requires participation in the onecall service for certain utilities, and makes other changes related to preventing damage to
underground utilities. - Amends TCA Title 4, Chapter 29 and Title 65.
Senate Status 01/29/2014 - Referred to Senate Government Operations Committee.
House Status 02/12/2014 - Referred to House Business & Utilities Subcommittee.
SB2369 / HB2226 Hot mix asphalt to make minor repairs of streets.
Category Local Government
Sponsors Sen. Dolores R. Gresham / Rep. Johnny W. Shaw
Description Permits local governments owning or operating a hot mix asphalt facility to use the asphalt to
make minor repairs of certain public streets, byways, and parking lots in addition to paving
public streets, roads, and highways.
Senate Status 01/29/2014 - Referred to Senate Transportation & Safety Committee.
House Status 02/13/2014 - Set for House Transportation Subcommittee 02/19/14.
SB2420 / HB2300 Industrial development corporations - loan agreements.
Category Commercial Law
Sponsors Sen. Mark S. Norris / Rep. Curry Todd
Description Authorizes industrial development corporations to enter into of loan agreements for activities,
costs, debt restructuring or working capital associated with projects and adds that the
agreements may be for deferrals instead of just for payments. Also authorizes an industrial
development corporation to sell, exchange donate or convey assets, in addition to properties,
and adds that the corporation may also forgive debt or grant assets or properties.
Senate Status 02/05/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/13/2014 - Set for House Business & Utilities Subcommittee 02/18/14.
SB2431 / HB2327 Service-disabled veteran-owned businesses - procurement.
Category Government Contracts
Sponsors Sen. Rusty Crowe / Rep. Jon Lundberg
Description Allows all state agencies to actively solicit bids and proposals from any veteran-owned
businesses. Defines veteran-owned business as any business that is a continuing,
independent, for-profit business located in this state that performs a commercially useful
function, and must be under the control of one or more veterans. Defines veteran as a former
member of the United States armed forces, a reserve or national guard unit who was called
into the active military service and served honorably.
Senate Status 02/13/2014 - Set for Senate State & Local Government Committee Regular Calendar
02/18/14.
House Status 02/12/2014 - Referred to House State Government Subcommittee.
SB2535 / HB1777 Fund to attract students to the construction industry.
Category Education
Sponsors Sen. Charlotte Burks / Rep. Ryan Williams
Description State Summary - As introduced, creates the Go Build Fund to attract students towards
careers in the construction industry. - Amends TCA Title 4; Title 49 and Title 50.
Senate Status 02/10/2014 - Referred to Senate Government Operations Committee.
House Status 02/04/2014 - Referred to House Education Subcommittee.
SB2558 / HB2426 Hazardous materials in the workplace.
Category Environment & Nature
Sponsors Sen. Joey Hensley / Rep. Billy Spivey
Description Requires certain employers to file workplace chemical lists within four business days of a
request for such list.
Senate Status 02/10/2014 - Referred to Senate Commerce & Labor Committee.
House Status 02/12/2014 - Referred to House Consumer & Human Resources Subcommittee.
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