The Tennessee Legislature has adjourned until Jan. 12, 2016. NFIB tracked
hundreds of bills and amendments filed in the 109th Tennessee
General Assembly that could or will have an impact on your business.
Please
contact State Director Jim Brown with any input, comments or questions at [email protected] or (615) 874-5288. NFIB
will remain actively engaged in efforts to promote and protect your right to
own, operate and grow your business.
Bills by subject (updated April 23, 2015)
Commerce & Regulation
Alcoholic Beverages – As introduced, remises to
pay wholesalers of alcoholic beverages within a time period negotiated between
the parties, instead of at or near the time of delivery; authorizes the
establishments to pay with cash, check, electronic funds transfer, credit card,
debit card, or other methods as approved by the alcoholic beverage commission.
NFIB
Supports
04/01/15:
Senate passed 27-1-1
04/20/15:
House passed 76-13-5
Alcoholic Beverages – As introduced, deletes
the requirement that establishments holding a license for consumption of
alcoholic beverages on premises pay wholesalers of alcoholic beverages upon
delivery of the product.
NFIB Supports,
SB 710 compromise passed in its place
2/10/15:
Failed to pass in Senate State & Local Committee 4-1-4
Home Improvement Contractors – As introduced,
requires any person, on or after July 1, 2015, repairing or replacing a roof
system, the total cost of which is between $3,000–$25,000, to be licensed as a
home improvement contractor before providing the services; provided, that the
person is not otherwise licensed as a contractor authorized to provide roofing
services.
NFIB
Opposes
3/24/15:
Taken off notice in House Business & Utilities Subcommittee
NFIB to
work with Department of Commerce & Insurance and sponsors to identify
potential opportunities to target scammers.
Contractors – As introduced, removes the
prohibition on local governments regulating contractors and their employees
operating within the jurisdiction of the local government.
NFIB
Opposes
3/24/15:
Failed 2-6 in House Business & Utilities Subcommittee 2-6
03/31/15:
Assigned to general subcommittee in Senate Commerce & Labor
Credit and Debit Cards – As introduced,
requires a payment processor that contracts with a merchant to provide a device
for the processing of payment card transactions to print certain information
prominently in the written contract.
04/06/15:
Passed Senate 33-0, Passed House 93-0
4/20/15:
Governor signed
Trademarks and Trade Names – As introduced,
makes it a violation of the Tennessee Consumer Protection Act of 1977 to
incorporate a trademark in a URL without the permission of the owner of the
trademark, with certain exceptions.
3/25/15: Taken off notice in both
committees
Consumer Protection – As introduced, creates
certain provisions on consumer warranty rights, such as requiring any person
making an express warranty related to an HVAC system to include language that
identifies the person making the express warranty and conforms to federal
disclosure standards; creates an action under consumer protection for violating
such provisions.
3/18/15: Taken off notice in both
committees
Criminal Offenses – As introduced, creates
specific definitions for and new offense of vandalism of a retail merchant;
penalty for new offense remains same as present law; “damage” to merchandise
includes tampering with or rendering the product unusable or diminished in
value.
3/30/15:
House passed 76-18
4/06/15:
Senate passed 33-0
04/17/15:
Governor signed
Consumer Protection – As
introduced, prohibits the printing of a social security number on a check in
order to receive a benefit, good, service, or other value, unless the person
provides written permission or the disclosure is required by state or federal
law.
03/19/15:
Passed House 95-0
03/23/15:
Passed Senate 33-0
04/09/15:
Governor signed
Short Term Loans and Lenders – As introduced,
prohibits any short-term lender from assessing an interest rate for any
short-term lending transaction that exceeds 28 percent per annum; and
authorizes the commissioner of financial institutions to determine appropriate
civil penalties.
03/25/15:
Deferred to 2016
Business Organizations – As introduced, allows
a business entity to list an address as its registered address even if the
registered address is not a place of business for the business entity.
No action
taken in 2015
Administrative Procedure (UAPA) – As
introduced, requires, instead of authorizes, the government operations
committees to review every rule promulgated pursuant to the UAPA; decreases,
from 25 to 10, the number of persons that must petition an agency to compel a
public hearing on a proposed rule; requires the committees to consider the
effect of a rule on small business and the arbitrariness and capriciousness of
a rule.
04/20/15:
House passed 82-6
04/21/15:
Senate passed 31-0
Credit and Debit Cards – As introduced,
requires an entity that processes certain payment card transactions for a
merchant to disclose certain details about the fees charged to the merchant in
a periodic statement; provides for a civil penalty of up to $2,000 per
violation.
04/01/15:
House passed 92-1
04/02/15:
Senate passed 31-0
04/08/15:
Governor signed
Environment and Conservation, Department of –
As introduced, makes various changes to the regulation of petroleum underground
storage tanks and waste.
04/13/15:
Senate passed 31-0, House passed 96-0
Memorials, Congress – Urges the proposal of a
Constitutional amendment requiring Congressional approval of federal
regulations under certain circumstances.
03/16/15:
Passed Senate 27-1-3
SB
923 by Johnson
Consumer Protection – As introduced, requires
that sales of gift cards be made person-to-person and requires nonrenewal and
suspension of eligibility for reissuance of a violator’s business tax license.
02/11/15: Taken off notice in both
committees
Contractors – As introduced, expands types of
activities the state board for licensing contractors may penalize; increases
the amount of civil penalties that may be levied against contractors; changes
evidentiary requirements for obtaining a court order to enforce the board’s
penalties.
04/02/15:
Senate passed 33-0
04/14/15:
House passed 95-1
Professions and Occupations – As introduced,
authorizes the state board of examiners for architects and engineers to deny
certain certificates of registration to persons with felony convictions;
removes certain board notifications to governmental entities when revoking or
suspending certificates of registration; removes certain fees for engineer
intern certifications or enrollment and for certain exams; revises other
various provisions governing certain regulatory boards.
03/09/15:
Senate passed 32-0
04/15/15:
House passed 94-0
Insurance Companies, Agents, Brokers, Policies
– As introduced, specifies additional acts that would constitute unfair trade
practices by insurers and allows the insured to bring a civil cause of action
against an insurer for violations of certain unfair insurance practices.
04/01/15:
Taken off notice in House Insurance & Banking Subcommittee
03/31/15:
Failed in Senate Commerce & Labor Committee
SB 835 by Yager
Public Records – As introduced, makes
confidential e-mail addresses collected by the department of state’s division
of business services, with certain exceptions.
03/16/15:
House passed 93-0
04/06/15:
Senate passed 33-0
04/17/15:
Governor signed
HB
1217 by Towns
Agriculture – As introduced, requires that
plants and seeds sold in Tennessee be labeled to indicate open pollination,
genetic modification, and hybridization.
Action deferred in both committees
until 2016
SB
1325 by McNally
Environment and Conservation, Department of –
As introduced, requires legislative approval of a state plan to implement
Section 111(d) of the EPA’s guidelines before the plan can be submitted to the
EPA.
04/22/15:
Senate passed 29-0, House passed 96-0
HB
978 by M. Hill
Codes – As introduced, enacts the
“Tennessee Native Species Lumber Act.”
3/25/15:
Passed Senate Energy & Agriculture Committee 9-0
04/01/15:
Sent to Senate Finance
Common Carriers – As introduced, sets maximum
weight limits of axles and axle groups for permitted, nondivisible overweight
loads on freight vehicles.
04/14/15:
Senate passed 32-0
04/20/15:
House passed 96-0
Administrative Procedure (UAPA) – As
introduced, clarifies that subcommittees of the government operations
committees may exercise the same powers to stay the effective dates of rules
and make recommendations expressing disapproval of a rule as the full
committees during rule review hearings.
03/17/15: Taken off notice in both
committees
Credit, Consumer – As introduced, allows a
litigation financier to attempt to use arbitration or effect a waiver of a
consumer’s right to jury trial; allows a litigation financier to assign a
litigation financing contract; revises other various provisions of the
Tennessee Litigation Financing Consumer Protection Act.
04/01/15: Taken off notice in both
committees
Public Contracts – As introduced, enacts the
“Public Construction Contractor Safety Act”; also requires the
department of transportation to consider bidders’ occupational safety and
health record when awarding contracts.
04/01/15: Action deferred to 2016
Local Government, General – As introduced,
permits the board of commissioners of a city incorporated under the city
manager–commission charter to pass ordinances by means of a consent calendar.
03/09/15:
Senate passed 33-0
03/30/15:
House passed 93-0
04/10/15:
Governor signed, Public Chapter 115
Fire Prevention and Investigation – As
introduced, makes various changes to the use of smoke alarms in one-family and
two-family rental units, one-family and two-family dwellings, apartment
buildings, and hotels.
03/09/15:
Senate passed 33-0
03/23/15:
House passed 94-0
04/10/15:
Governor signed, Public Chapter 120
Economic and Community Development – As
introduced, enacts the “Go Build Tennessee Act.”
04/22/15:
Senate passed 26-2, House passed 95-0
Business and Commerce – As introduced, makes
the Made in Tennessee Act permanent instead of repealing on January 1, 2016.
03/16/15:
House passed 93-0
03/19/15:
Senate passed 33-0
04/09/15:
Governor signed, Public Chapter 131
Insurance Companies, Agents, Brokers, Policies
– As introduced, requires the department of commerce and insurance to conduct a
study of the commissions, service fees, brokerage fees, and any other valuable
consideration given to a person for selling, soliciting, or negotiating
insurance in this state and report its findings to the senate commerce and
labor committee and the insurance and banking committee of the house no later
than January 1, 2016.
04/01/15: Taken off notice in both
committees
SB
0321 by
Norris
HB
0290 by
McCormick
Agriculture, Dept. of – As
introduced, reestablishes and revises the Tennessee agriculture regulatory
fund; revises fee provisions and authorizes multiple fees to be set by rule.
04/22/15: House passed 71-16
04/13/15: Senate
passed 31-0
Healthcare
Insurance, Health, Accident – As introduced,
enacts the “Cancer Patient Choice Act.”
NFIB Opposes (healthcare mandate)
03/24/15: Held in Senate Commerce
& Labor Committee for lack of a motion
04/01/15: Taken off notice in House Insurance & Banking
Subcommittee
Insurance, Health, Accident – As introduced,
revises the definition of “autism spectrum disorder” and the required
insurance coverage of autism spectrum disorder.
NFIB Opposes (healthcare mandate)
03/10/15: Held in
Senate Commerce & Labor Committee for lack of a motion
SB 0072*Kelsey
Insurance, Health, Accident – As introduced,
prohibits the state from operating a health insurance exchange, pursuant to the
Patient Protection and Affordable Care Act; the prohibition is contingent on a
certain disposition of King v. Burwell by the U.S. Supreme Court.
04/01/15: Taken off notice in both
committees
TennCare – As introduced, requires the state to
establish a health insurance exchange under the federal Patient Protection and
Affordable Care Act if King v. Burwell is decided by the United States supreme
court in a certain manner.
04/08/15: Taken off notice in both
committees
TennCare – As introduced, enacts the
“Annual Coverage Assessment Act of 2015.”
04/16/15:
Senate passed 33-0
04/13/15:
House passed 91-2-2
Insurance, Health, Accident – As introduced,
prohibits health insurance entities from charging a covered person a greater
copayment or coinsurance amount for primary care services rendered during an
office visit to a physician assistant than those charged for primary care
services rendered during an office visit to a physician.
03/19/15:
Senate passed 33-0
04/01/15:
House passed 96-0
04/17/15:
Governor signed
Taxes – As introduced, increases, from five and
one-half percent to six percent, the rate of tax imposed on health maintenance
organizations (HMOs) doing business in this state on the gross amount of
dollars collected from an enrollee or on an enrollee’s behalf.
04/16/15:
Senate passed 32-0, House passed 74-16-1
SB
1223 by Bell
Physicians and Surgeons – As introduced,
establishes requirements and protections for healthcare providers that practice
telehealth.
04/08/15:
House passed 97-0
04/09/15:
Senate passed 32-0
HB
1116 by Sexton
Insurance, Health, Accident – As introduced,
enacts the “Healthcare Choice Act,” which authorizes personal health
accounts in the TennCare program. – Amends TCA Title 56 and Title 71.
04/01/15: Taken off notice in both
committees
SJR 0093 by *Overbey, Yarbro
& Briggs
Health Care – Authorizes implementation of
Insure Tennessee substantially as described in TennCare Demonstration Amendment
#25.
03/31/15:
Failed in Senate Commerce & Labor Committee 6-2-1
TennCare – Urges the United States department
of health and human services to approve a block grant in order to fund services
to the existing TennCare population and to expand the Medicaid program in this
State to persons with incomes below 138 percent of the federal poverty line.
04/15/15: Senate passed 30-2-1, sent
to delayed bills committee
Health Care – As introduced, authorizes the
governor to do all that is necessary and appropriate to expand enrollment in
Tennessee’s Medicaid program.
03/27/15: Taken off notice in Senate
committee
Health Care – Authorizes implementation of
Insure Tennessee substantially as described in TennCare Demonstration Amendment
#25.
04/01/15:
Sponsor withdrew resolution in House Insurance & Banking
Subcommittee
Health Care – Commends Governor Haslam for his
efforts concerning Insure Tennessee; encourages continued negotiations in order
to procure a written agreement with CMS to be presented to the general assembly
for approval or disapproval.
04/01/15:
Failed in House Insurance & Banking
Subcommittee 3-3-1
TennCare – As introduced, establishes a health
insurance voucher program by means of a federal waiver that expands eligibility
for Medicaid to 138 percent of the federal poverty line; funds the vouchers
with an increase in the hospital assessment from 4.52 percent to six percent;
removes expiration from the hospital assessment.
03/17/15:
Taken off notice in House Health Subcommittee
Labor & Union
SB
1138 by Tate
Human Rights – As introduced, “ban the box”
bill prohibits employers from asking applicants for employment about expunged
offenses; prevents higher education institutions from asking applicants for
admission about expunged offenses; establishes civil penalties for private
employers violating act’s provisions.
NFIB
Opposes
No action
taken in 2015
SB
1062 by Harris
State Government – As introduced, removes
conviction-related questions on job applications for employment with certain
state agencies and political subdivisions.
NFIB
Opposes
HB 757 by Holt
Employees, Employers – As introduced, clarifies
that neither a franchisee nor a franchisee’s employee shall be deemed to be an
employee of the franchisor for any purpose.
NFIB
Supports
03/23/15:
Senate passed 28-5
03/30/15:
House passed 76-19
04/10/15:
Governor signed, Public Chapter 114
03/30/15:
House defeated amendment to establish state minimum wage 24-71
NFIB key
voted both the bill and House amendment.
Human Rights – As introduced, adds sexual
orientation and gender identity or expression to the list of characteristics
protected from discrimination or harassment in employment, public
accommodations, housing, financing, insurance, education, in places where
alcoholic beverages are consumed, real estate, public utilities, tax
exemptions, the profession of healing arts, health facilities, and welfare in
the state.
03/25/15:
Failed in House Consumer & Human Resources Subcommittee 2-4
Salaries and Benefits – As introduced,
clarifies that the Prevailing Wage Act applies only to state highway
construction projects and does not apply to private roads
NFIB
Supports
03/23/15:
House passed 76-17
03/19/15:
Senate passed 28-5
04/13/15:
Governor signed, Public Chapter 68
Labor and Workforce Development, Dept. of – As
introduced, changes references of the Workforce Investment Act of 1998 to the
“workforce development program.”
03/16/15:
Senate passed 31-0
03/23/15:
House passed 94-0-1
04/13/15:
Governor signed, Public Chapter 57
Labor – As introduced, allows employees covered
by the Longshoremen’s and Harbor Workers’ Compensation Act to be covered by the
Occupational Safety and Health Act of 1972.
03/02/15:
Senate passed 31-0
03/19/15:
House passed 94-0
04/01/15:
Governor signed, Public Chapter 23
Employees, Employers – As introduced, reaffirms
that a local government shall not enter into any collective bargaining
agreement with a labor union or employee association.
03/25/15:
House Consumer & Human Resources Subcommittee deferred to 2016
03/31/15: Senate Commerce & Labor Committee placed in
general subcommittee
Employees, Employers – As introduced, requires
employers to provide employees four hours of leave, paid or unpaid, each year
for parental involvement in schools, subject to certain conditions; establishes
a private cause of action for employer violations.
NFIB
Opposes
03/11/15:
Failed in House Consumer & Human Resources Subcommittee 2-4
SB 1067 by Harris
Salaries and Benefits – As introduced, enacts
the “Making Work Pay Act.” minimum wage bill
NFIB
Opposes
03/25/15:
Taken off notice in House Consumer & Human Resources Subcommittee & Senate Commerce & Labor Committee
Employees, Employers – As introduced,
authorizes the department of labor, subject to the availability of federal
funding, to study the feasibility of the development or implementation of a
paid family and medical leave program.
NFIB
Opposes
03/25/15:
Taken off notice in House Consumer & Human Resources Subcommittee
Salaries and Benefits – As introduced,
establishes a minimum wage that increases annually on July 1; provides a
minimum wage for employees in the service industry who receive tips and
employees that are compensated solely by gratuities; authorizes the department
to promulgate rules and regulations in compliance with federal law.
NFIB
Opposes
03/25/15:
Failed in House Consumer & Human Resources Subcommittee 2-4
Salaries and Benefits – As introduced, requires
the commissioner of labor and workforce development to set the state’s minimum
hourly wage rate at not less than $10.10 per hour, adjusted annually to reflect
inflation in accordance with the consumer price index; establishes a cause of
action for employees if employers violate the state’s minimum hourly wage rate;
sets the wage rate paid to blind persons employed by the state to the greater
of the state minimum hourly wage rate or the federal minimum wage.
NFIB
Opposes
03/25/15: Failed in House Consumer & Human Resources
Subcommittee
Employees, Employers – As introduced, requires
employee handbooks to include the leave statute for adoption, pregnancy, and
childbirth in subsequent editions occurring after May 27, 2005.
NFIB
Opposes
04/01/15: Taken off notice in House
State Government Subcommittee
03/24/15: Placed in general
subcommittee in Senate Commerce & Labor Committee
Employees, Employers – As introduced, enacts
the “Tennessee Pay Equality Act.”
NFIB
Opposes
03/25/15:
Failed in House Consumer & Human Resources Subcommittee 2-4
03/31/15: Placed in general
subcommittee in Senate Commerce & Labor Committee
SB
1157 by Norris
State Employees – As introduced, extends the
date by which TACIR must create a model policy for employers to prevent abusive
conduct in the workplace from March 1, 2015, to September 1, 2015.
03/30/15:
Senate passed 33-0
04/07/15:
Sent to House Calendar & Rules Committee
SB 1061 by Harris
Employees, Employers – As introduced, redefines
drug in the drug-free workplace program; authorizes employers, in determining
what actions to take with a positive drug test, to consider whether the
employee was under the influence of the drug or alcohol while the employee
performed duties within the employee’s scope of employment; revises other
related provisions.
03/31/15: Taken off notice in both
committees
Local Government, General – As introduced,
requires legislative approval of TACIR’s model anti-bullying policy prior to
its adoption by certain employers, and clarifies that adoption of such policy
does not create a private right of action against any employee in their
personal capacity for negligent infliction of mental anguish.
Sunset Laws – As introduced, extends the
department of labor and workforce development, June 30, 2019, and requires the
department to report back to the committee concerning the findings in its 2014
single audit report.
03/09/15:
Senate passed 33-0
04/21/15:
House passed 93-2
State Employees – As introduced, increases the
minimum size for forms that authorize payroll deductions for state employee
membership dues to certain employee associations from three inches by five
inches, to three inches by six inches.
04/07/15: Taken off notice in both
committees
Employees, Employers – As introduced, enacts
the “Tennessee Pregnant Workers Fairness Act.”
03/17/15: Taken off notice in Senate Commerce & Labor
Committee
03/25/15: Deferred to 2016 in House Consumer & Human
Resources Subcommittee
Tax, Spending & Fiscal Restraint
Taxes – As introduced, enacts the “Revenue
Modernization Act.”
NFIB shared
concerns about this legislation, some of which was removed.
04/16/15:
House passed 90-3
04/22/15:
Senate passed 30-0
Taxes, Excise – As introduced, increases weight
given to the sales factor under the statutory apportionment formula used to
calculate net worth for franchise taxes and net earnings for excise taxes;
revises other related provisions.
04/08/15:
Caption bill taken off notice in both Finance committees
Taxes, Exemption and Credits – As introduced,
requires commissioners of economic and community development and revenue to
evaluate certain tax credits and report to various officials; revises,
modifies, and limits various other tax credit provisions.
04/09/15:
House passed 95-0
04/21/15:
Senate passed 31-0
Taxes, Sales – As introduced, allows dealers,
when reporting and remitting sales taxes to the department of revenue, to
retain a certain portion of such taxes in order to compensate for costs
incurred in accounting for and remitting such taxes; establishes certain
maximum limitations for certain dealers.
NFIB
Supports restoration of vendors’ compensation.
03/24/15:
Placed in general sub in Senate Finance
Taxes, Excise – As introduced, changes the
statutory apportionment formula used to calculate franchise and excise taxes
from a three-factor formula to a single-sales-factor formula.
04/21/15:
Taken off notice in both Finance committees
Taxes, Sales – As introduced, reduces the state
sales and use tax rate on tangible personal property from seven percent to 6.75
percent.
04/21/15:
Placed behind the budget, to be reconsidered in 2016
Taxes, Exemption and Credits – As introduced,
exempts diabetic testing supplies from sales and use tax.
NFIB
Supports
04/16/15:
Senate passed 32-0, House passed 95-0
Taxes – As introduced, extends the effective
date of the streamlined sales and use tax agreement legislation from July 1,
2015, to July 1, 2017; makes various revisions to sales tax and other tax
provisions.
04/09/15:
House passed 93-1
04/16/15:
Senate passed 32-0
Economic and Community Development – As
introduced, authorizes, rather than requires, tax credits and other economic
incentives based on employment to include individuals having a co-employment
relationship with a professional employer organization and a client.
03/05/15: Passed Senate 22-0
03/26/15: Passed House 94-0
Taxes, Privilege – As introduced, phases out
the privilege tax on persons engaged in certain occupations by annually
decreasing it by 20 percent over the next five years; eliminates the tax in
2019 and thereafter.
04/21/15:
Placed behind the budget, to be reconsidered in 2016
Taxes, Privilege – As introduced, exempts
audiologists and speech pathologists from the professional privilege tax
beginning January 1, 2016.
04/21/15:
Placed behind the budget in House Finance, negative recommendation in Senate
Revenue Subcommittee, to be reconsidered in 2016
SB
1358 by McNally
Taxes – As introduced, clarifies that the
notice of tax assessment being challenged by a taxpayer in a lawsuit against
the department of revenue must be attached to the petition filed in the lawsuit.
No action
taken in 2015
SB
1313 by McNally
Taxes, Excise – As introduced, for tax years
beginning on or after July 1, 2016, authorizes qualified manufacturing
taxpayers that meet certain investment, job creation, and other criteria to use
a special apportionment formula for calculating net earnings for excise tax
purposes; increases annually the weight afforded to the receipts factor in the
special apportionment formula until receipts is the sole factor.
04/22/15:
“Triple weighting” included in HB 644/SB 603
Fiscal Review Committee – As introduced, enacts
the “Fiscal Note Integrity Act of 2015
No action
taken in 2015
HB
1082 by Todd
Taxes, Exemption and Credits – As introduced,
under certain circumstances, allows a sales tax credit for taxpayers that
expand headquarters facilities and make minimum capital investments in
Tennessee; allows a franchise and excise tax credit for taxpayers who hire
veterans.
03/18/15:
Taken off notice in House Finance Subcommittee
Taxes, Hotel Motel – As introduced, on a
prospective basis, requires a portion of the proceeds of a hotel-motel tax
adopted by ordinance or resolution to be used for tourism purposes; requires a
city or county to conduct an economic impact study prior to adopting an
ordinance or resolution to enact a hotel-motel tax; makes other revisions
regarding hotel-motel taxes.
04/15/15:
Senate passed 32-0-1
04/20/15:
House passed 90-0
Taxes – As introduced, authorizes a copy of a
court order, in lieu of a memorandum of the judgment of the court, to be
entered beside a prevailing taxpayer’s name in the tax books upon dismissal of
an action after expiration of the statute of limitations. – Amends TCA Title
67.
No action
taken in 2015
SB
1030 by Ketron
Taxes, Sales – As introduced, clarifies that
the definition of “food and food ingredients” includes substances
sold for digestion by humans; requires aviation fuel dealers to file a
quarterly report on tax paid not later than 45 days, instead of 30 days, after
the last day of the preceding calendar quarter. –
No action
taken in 2015
HB
1358 by Calfee
Taxes, Income – As introduced, contingent upon
revenue growth exceeding three percent in any fiscal year, reduces the Hall
income tax, which is presently levied by the state, until it reaches zero
percent; upon the state tax rate reaching zero percent, allows local
governments to levy a like tax not to exceed 2.25 percent, if the ordinance or
resolution levying the tax is approved within two years.
No action
taken in 2015
HB
1357 by Calfee
Taxes, Exemption and Credits – As introduced,
increases, by $10,000, the maximum income that persons 65 and older may have
and still be exempt from paying the Hall income tax for tax years 2016 and
subsequent years.
Action
deferred to 2016
Taxes, Exemption and Credits – As introduced,
requires the commissioner to annually report the amount of disaster relief
refunds issued by the department.
Action
deferred to 2016
Taxes, Exemption and Credits – As introduced,
exempts compressed natural gas from sales tax in the same manner that the
present law exempts motor fuel and liquified gas from sales tax.
04/21/15:
Taken off notice in both Finance committees
Administrative Procedure (UAPA) – As
introduced, upon the filing of any rule with the secretary of state, requires
the comptroller of the treasury to include a statement of financial impact;
makes related revisions to the determination of the fiscal impact of proposed
rules and regulations.
No action
taken in 2015
Business and Commerce – As introduced, on or
after January 1, 2016, requires counties and municipalities issuing or renewing
business licenses to provide a means by which the taxpayer may apply for or
renew such licenses by usage of the Internet.
No action
taken in 2015
Public Funds and Financing – As introduced,
under certain circumstances, requires any franchise and excise tax revenue
growth estimates to be identified as recurring or nonrecurring.
03/26/15:
Passed House 92-0
03/16/15:
Passed Senate 32-0
04/09/15:
Governor signed, Public Chapter 92
Tort Reform
Insurance, Liability – As introduced, enacts
the “Insurance Costs Reduction Act.”
An
amendment is expected in 2016 that would seek to establish an administrative
process for reviewing medical malpractice claims.
Statutes of Limitations and Repose – As
introduced, extends the statute of limitations from one year to three years for
personal injury causes of action.
No action
taken in 2015
Fines and Penalties – As introduced, deletes
the allocation formula for funds collected on outstanding fines, litigation
taxes, and costs; permits the collection of fines, litigation taxes, and costs
separately. – Amends TCA Title 40, Chapter 24.
03/25/15:
Taken off notice in House Civil Justice Subcommittee
HB
1285 by Durham
Healthcare Liability – As introduced, limits
who may be named as defendants in a healthcare liability action.
04/13/15:
House passed 96-0
04/14/15:
Senate passed 25-4
Civil Procedure – As introduced, creates the
civil justice reform commission to study possible reforms to increase access to
the civil justice system; requires the commission to report findings and
recommendations to the judiciary committee of the senate, the civil justice
committee of the house, the governor, and the supreme court by January 1, 2016.
03/18/15:
Sent to Study Committee
Unemployment
Unemployment Compensation – As introduced,
authorizes individuals or entities to correspond with the department of labor
and workforce development through electronic means; requires employers to file
a portion of the wage and premium report electronically in a format prescribed
by the commissioner; revises other various unemployment compensation
provisions.
NFIB
Neutral with amendment to allow opt out for employers with 10-99 employees from
proposed e-filing requirement.
03/09/15:
Passed Senate 33-0
03/30/15:
House passed 94-0
04/10/15:
Governor signed, Public Chapter 95
SB 922 by Johnson
Unemployment Compensation – As introduced,
allows employers who elect to reimburse the state for unemployment benefits
paid in lieu of premiums to contest charges for employees that may have had a
disqualifying event that makes the employee ineligible for unemployment
benefits.
03/24/15:
Sent to general sub of Senate Commerce & Labor Committee
Unemployment Compensation – As introduced,
prohibits the commissioner of labor and workforce development from promulgating
a rule that would allow a substitute teacher to be eligible for unemployment
benefits from the school district for which the teacher is working, unless
there has been a separation between the teacher and the school district.
03/25/15:
Taken off notice in both committees
Workers’ Compensation
SB 0721 by *Green,
Johnson, Gresham, Watson
HB
997 by Durham
Workers Compensation – As introduced, enacts
the “Tennessee Employee Injury Benefit Alternative.”
NFIB Neutral, sharing feedback and
concerns from workers’ comp experts
03/23/15:
Given negative recommendation by Workers Compensation Advisory Council 0-6
03/25/15:
Deferred to 2016 in House Consumer & Human Resources Subcommittee
04/15/15:
Action deferred in Senate Finance Committee. Action expected in 2016
HB 0094 by
*McCormick
Workers Compensation – As introduced, revises
various provisions of the Workers‘ Compensation Law. Administration clean-up
bill of 2013 law.
04/02/15:
Senate passed 27-3-1
04/20/15:
House passed 91-2-1
Workers Compensation – As introduced, changes
the date by which the workers’ compensation division must produce its report of
all the employers that failed to obtain coverage or self-insure during the
previous fiscal year from December 31 to December 15.
No action
taken in 2015
Workers Compensation – As introduced, includes
as information open for public inspection the workers’ compensation policy
cancellation date and the policy reinstatement date.
03/30/15:
Senate passed 33-0
04/20/15:
House passed 93-0
Workers Compensation – As introduced, prohibits
an insurance company from charging a premium for any construction services
provider exempt from workers’ compensation and any person who is otherwise an
independent contractor; requires additional defense costs and loss adjustment
costs be reported to the commissioner of commerce and insurance as
supplementary rate and loss costs information.
04/02/15:
Senate passed 30-0-1
04/09/15:
House passed 96-0
Workers Compensation – As introduced, removes
the reciprocity provision that out-of-state employees who are temporarily
performing services in this state are exempt from the Tennessee Workers’
Compensation Law when certain requirements are met for purposes of construction
services providers, and instead, requires that out-of-state construction
services providers and their employers comply with the Tennessee Workers’
Compensation Law.
No action
taken in 2015
Workers Compensation – As introduced, requires
that the annual report of the workers’ compensation advisory council be
distributed to the chief clerk of the house and chief clerk of the senate, who
are to distribute the report to any requesting member of the general assembly.
No action
taken in 2015
Other
Constitutional Amendments – As introduced,
makes application for the calling of an Article V convention under the United
States Constitution to consider amendments to impose fiscal restraints on the
federal government, limit the power and jurisdiction of the federal government,
and limit the terms of office for its officials and for members of Congress.
04/16/15:
Senate passed 23-5-2
Eminent Domain – As introduced, requires
actions brought by a landowner for a jury of inquest or damages to be brought
within 12 months after the land has been actually taken possession of and the
work of proposed improvement begun.
03/19/15:
House passed 87-3
04/13/15:
Senate passed 30-0
Personal Property – As introduced, prohibits
the state or any political subdivision from adopting or implementing any policy
recommendation that intentionally or inadvertently infringes upon or restricts
private property rights without due process of law; repeals any law in conflict
with the Act and prohibits contracts that are in conflict with the Act from
being entered into or renewed on or after the effective date of the Act.
No action
taken in 2015
Attorney General and Reporter – As introduced,
directs the office of the attorney general to prepare a written statement of a
property owner’s rights during any condemnation proceeding and to post the
statement on its web site; requires that the statement be sent together with
any notice of the filing of a petition to institute condemnation proceedings.
03/04/15:
Failed in House Civil Justice Subcommittee
03/11/15:
Withdrawn in Senate
