2016 Bills of Interest to TN Small Business

Date: February 01, 2016 Last Edit: February 08, 2016

Updated 2/8/2016

The Tennessee Legislature reconvened Jan. 12, 2016. NFIB is tracking hundreds of bills and amendments filed in the 109th Tennessee General Assembly that could or will have an impact on your business. Of note, some of these bills are caption bills (placeholders) for legislation expected to be introduced later that may have an impact on business. NFIB is reviewing many of these bills to see if our membership will take a position.

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 listed by subject

Commerce, Environment & Regulation
2016 Introductions
 
SB 1636 by Haile
HB 1632 by Casada
Prohibitsa local governmental unit from enacting zoning regulations that require theallocation of a percentage of existing or newly constructed private residentialor commercial rental units for long-term retention as affordable or workforcehousing.
NFIB SUPPORTS
Bill from the Tennessee ApartmentAssociation makes clear that mandatory takings are prohibited in Tennessee, while making clear local governments are free to use voluntary incentiveprograms.
 
SB 1446 by Yarbro
HB 1426 by Jernigan
AuthorizesDavidson County to issue bonds to fund affordable housing and workforce housingprojects.
 
HB 1673 by Marsh
SB 1885 by Stevens
Clarifiesthat certain requirements that apply to hotels and places of publicaccommodation do not apply to short-term rental units.
 
SB 2469 by Stevens
HB 2201 by Daniel
Enactsthe “Right to Earn a Living Act.”
 
SB 2534 by Norris
HB 2569 by McCormick
Revisesvarious provisions regarding cemetery owners and companies, architects,insurers, shops licensed by the board of cosmetology and barber examiners,funeral directors, real estate firms, real estate brokers, affiliate brokers,time-share salespersons, and acquisition agents.  
 
SB 1830 by Southerland
HB 1892 byHalford
Requiresthat general permits issued under the Water Quality Control Act be no morerestrictive than federal requirements for management storm water postconstruction; requires that provisions of certain general permits bepromulgated in rule form prior to implementation.
NFIB SUPPORTS
Bill from Home Builders Associationof Tennessee.
 
SB 2527 by Beavers
HB 2550 by Durham
Changestime period within which notices of intent to appeal decisions under the WaterQuality Control Act of 1977 must be published on TDEC’s web site from withinthree business days of receipt, but no later than 14 days prior to the hearing,to within five business days of receipt, but no later than 12 days prior to thehearing.  
 
SB 1881 by Johnson
HB 2205 by Holt   
Extendsfrom 10 days to 10 business days the amount of time in which an operator has tofile a request for a hearing with regard to a hold order placed by thecommissioner of agriculture on any food that is in violation of the TennesseeRetail Food Safety Act.
 
SB 1934 by Yager
HB 1946 by Lollar
Specifiesthat commissioner of agriculture is solely invested with authority to regulateseed in this state, except as otherwise specifically provided by law; requirescommissioner to maintain a scheme for regulating seed that is uniform acrossthe state.
 
HB 1941 by Wirgau              
SB 2591 by Norris
Imposessame burden of proof in nuisance actions based on changed farming operations aspresently applied to nuisance actions based on established farming operations.
 
SB 1871 by Johnson
HB 2337 by Jenkins
Revisesvarious provisions pertaining to dissolution of certain business entities.
 
HB 2037 by Faison               
SB 2384 by Bell
Repealsregistration requirement for certain health clubs; specifies that such clubspost a surety bond in the amount of $25,000 for each location conductingbusiness in this state or certify to the department their net worth of at least$10,000,000.
 
SB 1853 by Harris
HB 2099 by Clemmons
Enactsthe “Cogeneration and Distributed Generation Act.”
 
HB 2084 by Dunn
SB 2352 by Dickerson
Enactsthe “Property Assessed Clean Energy Act.”
 
SB 2013 by Ketron
HB 1965 by Terry
Requiresthe department of environment and conservation to provide planning models forrelocating, hauling, composting, and other processing of yard waste and foodwaste.
 
SB 1940 by Yager
HB 1992 by Sanderson
Requiresvendors who contract with the state to notify the chief procurement officer ifthe vendor is being investigated by a state agency or law enforcement regardingthe vendor’s business activity.
 
SB 1914 by Jackson
HB 1988 by Sanderson
Authorizessubmission by electronic mail of the required report to the house and senategovernment operations committees when a board, commission, agency, or othergovernmental entity has a vacancy open for 180 days.
 
SB 1976  by Massey              
HB 2111 by Swann
Requiresthe board for licensing contractors to provide access to license issuance,renewal, and termination forms on the board’s web site.
 
HB 2068 M. Daniel
SB 2389 by Bell
Clarifiesthat agency powers under the Act are to be narrowly construed; increases burdenof agencies by requiring them to prove, by clear and convincing evidence, thatadministrative rules conform to certain specific criteria.
 
HB 1969 by Powers
SB 2267 by Beavers               
Enactsthe “Protect Tennessee Citizens and Workers Act.”
 
HB 2016 byMarsh
SB 2153 by Tate
Authorizesfood service establishments to permit bare hand contact with ready-to-eatfoods, unless the establishment has shown that the specific contact presents averifiable risk to public health or safety.
 
SB 1906 by Dickerson
HB 2061 byCasada
Requiresthe commissioner of commerce and insurance to provide access to standardizedforms for health care insurance claims on the commissioner’s web site.
 
HB 2082 byDunn
SB 2033 by Briggs
Revisesrequirements for protecting personally identifying information in records heldby governmental entities; requires the office of open records counsel todevelop a model public records policy for governmental entities; makes otherrelated changes to public records laws.
 
SB 1953 by Yarbro
HB 2022 by Beck
Authorizesthe department of transportation to construct and operate a mass transit systemon the shoulder of a state or interstate highway; authorizes the department toenter into a contractual arrangement with a public transportation provider tooperate the system.
 
SB 1971 by Tracy
HB 2064 by Daniel
Grantsthe department of transportation exclusive jurisdiction over the design,erection, installation, and maintenance of tourist oriented directional signs(“TODS signs”), including jurisdiction over TODS signs on statehighways in incorporated municipalities; requires removal of signs purportingto be TODS signs that were, or are, installed without lawful authorization;requires department to establish TODS permit system and inventory.
 
SB 1782 by Stevens
HB 1861 by Travis
Providesthat the act of misrepresenting the geographic location of a person through abusiness name or listing in a local telephone directory or on the Internet isan unfair or deceptive act or practice affecting the conduct of trade orcommerce if such information is published on or after July 1, 2009, whereasbefore it was July 1, 2008.
 
HB 1932 by White
SB 2300 by Kyle
Expandsthe applicability of the Neighborhood Preservation Act to certain occupiedbuildings and residential properties by authorizing a person to bring a civilaction against the owner of an occupied building or property that is notproperly maintained or that fails to comply with certain ordinances orregulations.
 
HB 1893 byHazlewood
SB 2078 by Overbey
Makesvarious changes concerning accountants; removes requirement that executivedirector of the state board be a CPA; clarifies eligibility for the CPA exam;changes aspects of the peer review program.
 
HB 1798 by Clemmons
SB 1916 by Dickerson
Specifiesthat any provision of the Tennessee Condominium Act of 2008 that is in conflictwith a provision of the Horizontal Property Act shall control.
 
SB 1928 by Johnson
HB 2049 by Eldridge
Enactsthe “Government Imposter and Deceptive Advertisements Act.”
 
SB 2113 by Johnson
HB 2301 by Marsh
Removesthe requirement that in order for a retail food store to sell alcoholicbeverages for consumption on premises that the premises and business beseparate and distinct from the retail food store.
 
SB 1690 by Bell
HB 1503 by Hawk
Addscosts, restitution awards, and other recoveries collected or received by thestate pursuant to the Tennessee Petroleum Underground Storage Tank Act to thelist of items to be deposited into the petroleum underground storage tank fund.
 
HB 1541 by McCormick
SB 2544 by Norris
Broadensthe scope of the Used Oil Collection Act of 1993 to address the proper disposalof used antifreeze, transmission fluid, and power steering fluid.
 
HB 1670 by Durham
SB 1849 by Stevens
Prohibitsthe commissioner of the department from conducting a number of periodic,on-site inspections of an operator’s underground storage tank in excess of theminimum amount required by federal law.
 
SB 1672 by Southerland
HB 1726 by Sargent
Allowsconstruction design professionals under contract with certain state agencies tobill and receive payment monthly; specifies services that are included in thebasic services fee and the services that will require additional compensation.
 
HB 1533 by McCormick
SB 2535 by Norris
Allowsthe state fire marshal to require and perform field inspections in lieu ofrequiring review and approval of plans and specifications for construction andalteration of certain buildings or structures, and to charge a fee of no morethan $200 for inspections that were untimely requested.
 
HB 1553 by McCormick
SB 2557 by Norris
Changescertain requirements for inspectors, redirects certain reports, imposes a $300fine for certain violations, and revises other provisions concerning elevators,dumbwaiters, escalators, aerial tramways, amusement devices, and boilers.
 
HB 1543 by McCormick
SB 2546 by Norris
Makesconfidential the identities of vendors providing goods and services used toprotect government property or government employee or citizen information.
 
HB 1732 by Sexton C
SB 2135 by Bailey
Requireseach location used by a scrap metal dealer to pay a biennial fee of $500 beforeregistration or renewal in addition to the current biennial fee required for amotor vehicle dismantler and recycler.
 
SB 2467 by Beavers
HB 2549 by Keisling
Makesmisrepresenting the total price of goods or services in an advertisement,including, but not limited to, failing to include mandatory costs and fees inthe advertisement when representing the price for which the goods or servicesare offered an unfair or deceptive act under the Consumer Protection Act of1977.  
 
SB 1881 by Johnson
HB 2205 by Holt
Extendsfrom 10 days to 10 business days the amount of time in which an operator has tofile a request for a hearing with regard to a hold order placed by thecommissioner of agriculture on any food that is in violation of the TennesseeRetail Food Safety Act.
 
SB 1934 by Yager
HB 1946 by Lollar
Commissionerof agriculture has sole authority to regulate seed. Gives the commissioner ofagriculture exclusive jurisdiction and authority over all matters related tothe regulation of seed. Declares the commissioner the sole authority toprohibit the planting, cultivation, harvesting, handling, or movement ofagricultural seeds except as otherwise specifically provided for by state law.Requires commissioner to maintain a comprehensive scheme for regulating seed tobe uniform throughout the state.
 
SB 2591 by Norris
HB 1941 by Wirgau
Imposessame burden of proof in nuisance actions based on changed farming operations aspresently applied to nuisance actions based on established farming operations.
 
SB 2018 by Haile
HB 1954 by Jernigan
Requiresthe department to implement a database no later than January 1, 2018, forlicensees providing deferred presentment and flex loan transactions to ensurethat customers are not exceeding certain limits under present law for suchtransactions; requires licensees to conduct database checks before enteringinto such transactions; authorizes a fee to be charged per transaction.
 
SB 2630 by Tate
HB 2449 byTowns
Makesattempting to seize funds in a consumer’s bank account when owed for thepurchase of goods or services an unfair and deceptive act that is unlawful anda violation of the Consumer Protection Act of 1977.
 
SB 2460 by Bowling
HB 2114 by Swann
Expandsthose persons and entities to whom the division of energy within the departmentof economic and community development must provide studies or analyses ofenergy information from the governor and committees of the general assembly tothe governor, committees of the general assembly, the general public by way ofthe division’s web site, each member of the general assembly, and state andfederal authorities if such authorities request the information.
 
SB 1930 by Yager
HB 2352 by Lynn
Enactsthe “Fans Anti-Counterfeit Ticket (FACT) Act,” which requires theregistration of ticket brokers with the department of commerce and insurance;requires certain disclosures by ticket brokers; adds requirements andprohibitions with regard to the resale of tickets.  
 
SB 2013 by Ketron
HB 1965 by Terry
Requiresthe department of environment and conservation to provide planning models forrelocating, hauling, composting, and other processing of yard waste and foodwaste.  
 
SB 2228 by Southerland
HB 2169 byHawk
Addscertain recyclers to the list of parties who are exempt from liability underthe Hazardous Waste Management Act of 1983.  
 
SB 2225 by Southerland
HB 2197 by Gilmore
Requiresthe commissioner of environment and conservation to conduct a study to definethe processing of organic waste and incorporate the findings andrecommendations into the state’s comprehensive solid waste management plan.
 
SB 2417 by Yarbro
HB 1850 by Jernigan
Green infrastructurepractices to be used in certain sewer systems. Authorizes the use of greeninfrastructure practices within areas containing collecting systems designed toconvey sanitary sewage and storm water, and clarifies that such practices maybe implemented on both public and private property at the discretion of theincorporated city or town.
 
SB 2629 by Tate
HB 2513 by Coley
Enactsthe “Tennessee Beverage Container Recycling Refunds Act”.  
NFIB OPPOSES
 
SB 2040 by Harris
HB 2463 by Camper
Awardingof contracts to minority-owned businesses. Requires each state agency to striveto ensure that at least 12.5 percent of all agency contracts are awarded tominority-owned businesses, woman-owned businesses, service-disabledveteran-owned businesses, or small businesses.
NFIB OPPOSES
 
SB 2389 by Bell
HB 2068 by Daniel
Clarifiesthat agency powers under the Act are to be narrowly construed; increases burdenof agencies by requiring them to prove, by clear and convincing evidence, thatadministrative rules conform to certain specific criteria.
 
SB 1688 by Bell
HB 2035 by Faison
Authorizesthe secretary of state to require the online submission of rules, notices ofhearings, and related filings.  
 
SB 2463 by Ketron
HB 2305 by Kane
BeginningJanuary 1, 2017, increases the minimum single policy limit, cash deposit, andbond amount required for proof of insurance under the Tennessee FinancialResponsibility law.  
 
SB 1978 by Massey
HB 2615 by Moody
Enactsthe “Tennessee Lactation Consultant Practice Act.”  


SB 2134 by Bailey
HB 2339 by Calfee
Requireseach location used by a scrap metal dealer to pay a biennial fee of $500 beforeregistration or renewal in addition to the current biennial fee required for amotor vehicle dismantler and recycler.  
 
SB 2234 by Hensley
HB 1888 byKeisling
Createsthe “Emergency Medical Services Personnel Licensure Compact.”  
 
SB 2324 by Kyle
HB 2315 by Parkinson
Requirescosmetologists, manicurists, aestheticians, or natural hair stylists who obtaina license on or after July 1, 2016, to submit proof of compliance withcontinuing education hours within 60 days of their license renewal. Allows theboard to establish and administer a scholarship program to provide money topublicly funded colleges, universities, and secondary schools for the purposeof administering, funding, establishing, or otherwise operating a program ofcosmetology, manicuring, aesthetics, or natural hair styling.
 
SB 2368 by Watson
HB 2433 byWilliams
Enactsthe “Physical Therapy Licensure Compact” to create a system ofreciprocity whereby physical therapists who are licensed in one member statecould practice in other member states. – Amends TCA Title 4, Chapter 29 andTitle 63, Chapter 13. (S: Watson; H: Williams)
 
SB 2374 by Bell
HB 2373 by Love
Licensureand certification for barbers and cosmetologists. State Summary – Asintroduced, revises the provisions governing the licensure and certificationfor barbers and cosmetologists.  
 
SB 1885 by Stevens
HB 1673 by Marsh
Clarifiesthat certain requirements that apply to hotels and places of publicaccommodation do not apply to short-term rental units.  
 
SB 1908 by Gardenhire
HB 2384 by Carter
Createsvarious causes of action for members of a homeowners’ association against ahomeowners’ association; authorizes a declarant of a homeowners’ association toretain full control of a project until its completion.  
 
SB 2026 by Briggs
HB 1928 bySmith
Createsan advisory taskforce to review sale of online coupons. Establishes an advisorytask force to review the sale of online coupons and recommend any necessarystatutory revisions to the consumer protection and criminal laws that should bemade to protect consumers when paying to obtain an online coupon. Requires thetask force to report its findings and recommendations to the governor, thespeaker of the senate, and the speaker of the House of Representatives by nolater than January 1, 2017.  
 
SB 1980 by Massey
HB 2471 by Calfee
Enactsthe “Tennessee Recreation Vehicle Franchise Act of 2016”; establisheslicensing requirements specifically for recreational vehicle dealers andsalespersons to be overseen by the Tennessee motor vehicle commission.  
 
2015 Introductions
SB 0710 by *Green
HB0826 by *Jernigan
Alcoholic Beverages – As introduced, remises topay wholesalers of alcoholic beverages within a time period negotiated betweenthe parties, instead of at or near the time of delivery; authorizes theestablishments to pay with cash, check, electronic funds transfer, credit card,debit card, or other methods as approved by the alcoholic beverage commission.
NFIBSupports
04/01/15:Senate passed 27-1-1
04/20/15:House passed 76-13-5
 
SB 0048 by *Green
HB0276 by *Farmer
Alcoholic Beverages – As introduced, deletesthe requirement that establishments holding a license for consumption ofalcoholic beverages on premises pay wholesalers of alcoholic beverages upondelivery 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
 
SB 0901 by *Overbey
HB0927 by *Powers
Home Improvement Contractors – As introduced,requires any person, on or after July 1, 2015, repairing or replacing a roofsystem, the total cost of which is between $3,000–$25,000, to be licensed as ahome improvement contractor before providing the services; provided, that theperson is not otherwise licensed as a contractor authorized to provide roofingservices.
NFIBOpposes
3/24/15:Taken off notice in House Business & Utilities Subcommittee
NFIB towork with Department of Commerce & Insurance and sponsors to identifypotential opportunities to target scammers.
 
SB 1199 by *Yarbro
HB0766 by *Powell
Contractors – As introduced, removes theprohibition on local governments regulating contractors and their employeesoperating within the jurisdiction of the local government.
NFIBOpposes
3/24/15:Failed 2-6 in House Business & Utilities Subcommittee 2-6
03/31/15:Assigned to general subcommittee in Senate Commerce & Labor
 
SB 0911 by *Johnson
HB1172 *Smith
Credit and Debit Cards – As introduced,requires a payment processor that contracts with a merchant to provide a devicefor the processing of payment card transactions to print certain informationprominently in the written contract.
04/06/15:Passed Senate 33-0, Passed House 93-0
4/20/15:Governor signed
 
SB 0919 by *Johnson
HB1140 *Lynn
Trademarks and Trade Names – As introduced,makes it a violation of the Tennessee Consumer Protection Act of 1977 toincorporate a trademark in a URL without the permission of the owner of thetrademark, with certain exceptions.
3/25/15: Taken off notice in bothcommittees
 
SB 1329 by *McNally
HB1071 *Kane
Consumer Protection – As introduced, createscertain provisions on consumer warranty rights, such as requiring any personmaking an express warranty related to an HVAC system to include language thatidentifies the person making the express warranty and conforms to federaldisclosure standards; creates an action under consumer protection for violatingsuch provisions.
3/18/15: Taken off notice in bothcommittees
 
SB 0926 by *Roberts
HB1245 *Holt
Criminal Offenses – As introduced, createsspecific definitions for and new offense of vandalism of a retail merchant;penalty for new offense remains same as present law; “damage” to merchandiseincludes tampering with or rendering the product unusable or diminished invalue.
3/30/15:House passed 76-18
4/06/15:Senate passed 33-0
04/17/15:Governor signed
 
HB 0114 by *Eldridge
SB0336 by *Jackson
Consumer Protection – Asintroduced, prohibits the printing of a social security number on a check inorder to receive a benefit, good, service, or other value, unless the personprovides written permission or the disclosure is required by state or federallaw. 
03/19/15:Passed House 95-0
03/23/15:Passed Senate 33-0
04/09/15:Governor signed
 
HB 0317 by *Jernigan
SB0496 by *Kyle
Short Term Loans and Lenders – As introduced,prohibits any short-term lender from assessing an interest rate for anyshort-term lending transaction that exceeds 28 percent per annum; andauthorizes the commissioner of financial institutions to determine appropriatecivil penalties.
03/25/15:Deferred to 2016
 
HB 0394 by *Goins
SB0627 by *Bailey
Business Organizations – As introduced, allowsa business entity to list an address as its registered address even if theregistered address is not a place of business for the business entity.
No actiontaken in 2015
 
HB 0216 by *Daniel
SB0467 by *Bell
Administrative Procedure (UAPA) – Asintroduced, requires, instead of authorizes, the government operationscommittees 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 apublic hearing on a proposed rule; requires the committees to consider theeffect of a rule on small business and the arbitrariness and capriciousness ofa rule.
04/20/15:House passed 82-6
04/21/15:Senate passed 31-0
 
SB 0316 by *Johnson
HB0547 by *Casada
Credit and Debit Cards – As introduced,requires an entity that processes certain payment card transactions for amerchant to disclose certain details about the fees charged to the merchant ina periodic statement; provides for a civil penalty of up to $2,000 perviolation.
04/01/15:House passed 92-1
04/02/15:Senate passed 31-0
04/08/15:Governor signed
 
SB 0092 by *Norris
HB0081 by *McCormick
Environment and Conservation, Department of -As introduced, makes various changes to the regulation of petroleum undergroundstorage tanks and waste.
04/13/15:Senate passed 31-0, House passed 96-0
 
SJR 0002 by *Norris
Memorials, Congress – Urges the proposal of aConstitutional amendment requiring Congressional approval of federalregulations under certain circumstances.
03/16/15:Passed Senate 27-1-3
 
HB 0156 by *Casada
SB923 by Johnson
Consumer Protection – As introduced, requiresthat sales of gift cards be made person-to-person and requires nonrenewal andsuspension of eligibility for reissuance of a violator’s business tax license.
02/11/15: Taken off notice in bothcommittees
 
SB 0078 by *Norris
HB0068 by *McCormick
Contractors – As introduced, expands types ofactivities the state board for licensing contractors may penalize; increasesthe amount of civil penalties that may be levied against contractors; changesevidentiary requirements for obtaining a court order to enforce the board’spenalties.
04/02/15:Senate passed 33-0
04/14/15:House passed 95-1
 
SB 0081 by *Norris
HB0071 by *McCormick
Professions and Occupations – As introduced,authorizes the state board of examiners for architects and engineers to denycertain certificates of registration to persons with felony convictions;removes certain board notifications to governmental entities when revoking orsuspending certificates of registration; removes certain fees for engineerintern certifications or enrollment and for certain exams; revises othervarious provisions governing certain regulatory boards.
03/09/15:Senate passed 32-0
04/15/15:House passed 94-0
 
SB 0389 by *Niceley
HB0453 by *Dunn
Insurance Companies, Agents, Brokers, Policies- As introduced, specifies additional acts that would constitute unfair tradepractices by insurers and allows the insured to bring a civil cause of actionagainst 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
 
HB 0461 by *Ramsey
SB 835 by Yager
Public Records – As introduced, makesconfidential e-mail addresses collected by the department of state’s divisionof business services, with certain exceptions.
03/16/15:House passed 93-0
04/06/15:Senate passed 33-0
04/17/15:Governor signed
 
SB 0551 by *Niceley
HB1217 by Towns
Agriculture – As introduced, requires thatplants and seeds sold in Tennessee be labeled to indicate open pollination,genetic modification, and hybridization.
Action deferred in both committeesuntil 2016
 
HB 0868 by *Keisling
SB1325 by McNally
Environment and Conservation, Department of -As introduced, requires legislative approval of a state plan to implementSection 111(d) of the EPA’s guidelines before the plan can be submitted to theEPA.
04/22/15:Senate passed 29-0, House passed 96-0
 
SB 0822 by *Bailey
HB978 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
 
SB 0817 by *Tracy
HB0686 by *Marsh
Common Carriers – As introduced, sets maximumweight limits of axles and axle groups for permitted, nondivisible overweightloads on freight vehicles.
04/14/15:Senate passed 32-0
04/20/15:House passed 96-0
 
SB 1220 by *Bell
HB1199 *Ragan
Administrative Procedure (UAPA) – Asintroduced, clarifies that subcommittees of the government operationscommittees may exercise the same powers to stay the effective dates of rulesand make recommendations expressing disapproval of a rule as the fullcommittees during rule review hearings.
03/17/15: Taken off notice in bothcommittees
 
SB 0997 by *Gardenhire
HB1161 by *Lynn
Credit, Consumer – As introduced, allows alitigation financier to attempt to use arbitration or effect a waiver of aconsumer’s right to jury trial; allows a litigation financier to assign alitigation financing contract; revises other various provisions of theTennessee Litigation Financing Consumer Protection Act.
04/01/15: Taken off notice in bothcommittees
 
SB 1370 by *Kyle
HB1027 by *Stewart
Public Contracts – As introduced, enacts the”Public Construction Contractor Safety Act”; also requires thedepartment of transportation to consider bidders’ occupational safety andhealth record when awarding contracts.
04/01/15: Action deferred to 2016
 
SB 0540 by *Johnson
HB0414 by *Durham
Local Government, General – As introduced,permits the board of commissioners of a city incorporated under the citymanager–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
 
HB 0917 by *Carr
SB1036 by *Ketron
Fire Prevention and Investigation – Asintroduced, makes various changes to the use of smoke alarms in one-family andtwo-family rental units, one-family and two-family dwellings, apartmentbuildings, and hotels.
03/09/15:Senate passed 33-0
03/23/15:House passed 94-0
04/10/15:Governor signed, Public Chapter 120
 
SB 0127 by *Tracy
HB0024 by *Williams
Economic and Community Development – Asintroduced, enacts the “Go Build Tennessee Act.”
04/22/15:Senate passed 26-2, House passed 95-0
 
SB 0629 by *Bailey
HB0549 by *Powell
Business and Commerce – As introduced, makesthe 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
 
SB 0876 by *Gardenhire
HB1078 by *Travis
Insurance Companies, Agents, Brokers, Policies- As introduced, requires the department of commerce and insurance to conduct astudy of the commissions, service fees, brokerage fees, and any other valuableconsideration given to a person for selling, soliciting, or negotiatinginsurance in this state and report its findings to the senate commerce andlabor committee and the insurance and banking committee of the house no laterthan January 1, 2016.
04/01/15: Taken off notice in bothcommittees
 
SB0321 byNorris
HB0290 byMcCormick
Agriculture, Dept. of – Asintroduced, reestablishes and revises the Tennessee agriculture regulatoryfund; revises fee provisions and authorizes multiple fees to be set by rule.  
04/22/15: House passed 71-16
04/13/15: Senatepassed 31-0
 
 
Healthcare
2016 Introductions
SB1619 by Johnson
HB1955 by Kane
Requires that any mandatedhealth benefit that takes effect on or after the effective date of this actshall apply not only to private health insurance issuers but also any managedcare organization contracting with the state to provide insurance through theTennCare program and state or local insurance program.
NFIBSUPPORTS
 
SB2443 by Roberts
HB2323 by Kumar      
Enacts the “Health CareEmpowerment Act”; authorizes direct primary care agreements.  
NFIBSUPPORTS
 
SB 2091 by Ketron
HB 2239 by Lamberth
Prohibitsan insurance policy that provides benefits for anti-cancer medications that areinjected or intravenously administered by a healthcare provider and anti-cancermedications that are patient administered from requiring a higher copayment,deductible, or coinsurance amount.  
NFIB NEUTRAL based on Ballot results
 
SB 2209 by Overbey
HB 2430 by Smith
Enactsthe “Cancer Patient Choice Act,” which establishes paymentrequirements for hypofractionated proton therapy protocols.  
NFIB OPPOSES this healthcaremandate.
 
HB 1441 by Pody
SB 1773 by Beavers
Prohibitscertain health benefit plans that provide coverage for cancer therapy fromholding proton radiation therapy to a higher standard of clinical evidence formedical policy benefit coverage decisions than the health plan requires forcoverage of any other radiation therapy treatment.
 
HB2006 by Kumar
SB2027 by Briggs
Permits the employment ofcertain medical professionals by charitable clinics.
 
HB1845 by Jernigan
SB2313 by Kyle
Recreates the health equitycommission.
 
SB 2373 by Bell
HB 2331 by C. Sexton
Eliminatesthe requirement that a healthcare services provider be at a hospital or otherqualified site for the services to be considered telehealth services forinsurance purposes; requires health insurance entities to reimburse healthcareservices providers at the same rate for telehealth services as for in-personencounters.  
 
SB 2061 by Stevens
HB 2553 by Durham
Requiresa person who receives notice of a potential claim for healthcare liability andwho asserts the person would not be a proper defendant to provide writtennotice with that assertion to the potential claimant within 30 days.  
 
SB 2077 by Overbey
HB 1813 by Eldridge
Expandsthe definition of “person” under the Dental Service Plan Law, 1961,to add an employer, an entity, and any kind of trust.
 
SB 2111 by Johnson
HB 2410 by Casada
Clarifiesthat local government authorities or local education authorities may adopt ormake available voluntary benefits that are treated as supplemental benefits andare deemed not to be a “group health plan” when established inaccordance with the appropriate federal statutes or regulations that define theterm “group health plan”.  
 
SB 2442 by Harris
HB 2206 by Mitchell
Authorizesthe department of health to require certain prescription drug manufacturers todisclose price and cost information; authorizes the department of health to setmaximum prices for certain prescription drugs.
 
2015 Introductions
SB 0902 by *Overbey
HB1006 by *Haynes
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 & BankingSubcommittee
 
SB 0960 by *Kyle
HB1017 by *Stewart
Insurance, Health, Accident – As introduced,revises the definition of “autism spectrum disorder” and the requiredinsurance coverage of autism spectrum disorder.
NFIB Opposes (healthcare mandate)
03/10/15: Held inSenate Commerce & Labor Committee for lack of a motion
 
SB 0072*Kelsey
HB0061 by *Durham
Insurance, Health, Accident – As introduced,prohibits the state from operating a health insurance exchange, pursuant to thePatient Protection and Affordable Care Act; the prohibition is contingent on acertain disposition of King v. Burwell by the U.S. Supreme Court.
04/01/15: Taken off notice in bothcommittees
 
SB 1124 by *Yarbro
HB1209 by *Love
TennCare – As introduced, requires the state toestablish a health insurance exchange under the federal Patient Protection andAffordable Care Act if King v. Burwell is decided by the United States supremecourt in a certain manner.
04/08/15: Taken off notice in bothcommittees
 
SB 0125 by *Overbey
HB0151 by *Harrison
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
 
SB 0054 by *Green
HB0018 by *Shepard
Insurance, Health, Accident – As introduced,prohibits health insurance entities from charging a covered person a greatercopayment or coinsurance amount for primary care services rendered during anoffice visit to a physician assistant than those charged for primary careservices 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
 
SB 0602 by *Norris
HB0643 by *McCormick
Taxes – As introduced, increases, from five andone-half percent to six percent, the rate of tax imposed on health maintenanceorganizations (HMOs) doing business in this state on the gross amount ofdollars collected from an enrollee or on an enrollee’s behalf.
04/16/15:Senate passed 32-0, House passed 74-16-1
 
HB 0699 by *Sexton C
SB1223 by Bell
Physicians and Surgeons – As introduced,establishes requirements and protections for healthcare providers that practicetelehealth.
04/08/15:House passed 97-0
04/09/15:Senate passed 32-0
 
SB 0742 by *Kelsey
HB1116 by Sexton
Insurance, Health, Accident – As introduced,enacts the “Healthcare Choice Act,” which authorizes personal healthaccounts in the TennCare program. – Amends TCA Title 56 and Title 71.
04/01/15: Taken off notice in bothcommittees
 
SJR 0093 by *Overbey, Yarbro& Briggs
Health Care – Authorizes implementation ofInsure Tennessee substantially as described in TennCare Demonstration Amendment#25.
03/31/15:Failed in Senate Commerce & Labor Committee 6-2-1
 
SJR 0103 by *McNally
TennCare – Urges the United States departmentof health and human services to approve a block grant in order to fund servicesto the existing TennCare population and to expand the Medicaid program in thisState to persons with incomes below 138 percent of the federal poverty line.
04/15/15: Senate passed 30-2-1, sentto delayed bills committee
 
SJR 0105 by *Yarbro
Health Care – As introduced, authorizes thegovernor to do all that is necessary and appropriate to expand enrollment inTennessee’s Medicaid program.
03/27/15: Taken off notice in Senatecommittee
 
HJR 0090 by *Miller
Health Care – Authorizes implementation ofInsure Tennessee substantially as described in TennCare Demonstration Amendment#25.
04/01/15:Sponsor withdrew resolution in House Insurance & BankingSubcommittee
 
HJR 0085 by *Fitzhugh
Health Care – Commends Governor Haslam for hisefforts concerning Insure Tennessee; encourages continued negotiations in orderto procure a written agreement with CMS to be presented to the general assemblyfor approval or disapproval.
04/01/15:Failed in House Insurance & BankingSubcommittee 3-3-1
 
SB 1161 by *Massey
HB1134 by *Powers
TennCare – As introduced, establishes a healthinsurance voucher program by means of a federal waiver that expands eligibilityfor Medicaid to 138 percent of the federal poverty line; funds the voucherswith 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
2016 Introductions
SB 2103 by Johnson
HB 2002 by Matlock
Prohibits a local government, as a condition ofdoing business within the jurisdictional boundaries of the local government orcontracting with the local government, from prohibiting a private employer fromrequesting certain information on an application for employment or during theprocess of hiring a new employee.
NFIBSUPPORTS
 
SB 1621 by Johnson
HB 1674 by Marsh
Prohibits the state or any local governmentfrom requiring a company bidding on a state or local construction project toemploy individuals who reside within the jurisdiction of the state or localgovernment.  Addresses so-called “localfor hire” ordinances.
NFIBSUPPORTS
 
SB 1904 by Johnson
HB 2555 by Durham
Removes present exemption for private employerswith less than six employees from employment verification requirements.
 
SB 1905 by Johnson
HB 1669 by Durham
Prohibits the availability of department ofeconomic and community development grants, loans, and incentives tojurisdictions in which the local governmental entity has adopted ordinances orpolicies expressly prohibiting, or in which an official has materially interferedwith, compliance with federal law pertaining to persons who reside in the stateillegally, until compliance is proven; requires private employers with lessthan six employees to comply with employment verification requirements.
 
HB 1947 by Clemmons
SB 2298 by Kyle
Enacts the “Tennessee Pay EqualityAct.”
NFIBOPPOSES


HB 1948 by Clemmons
SB 2297 by Kyle
Enacts the Tennessee Pay Equality TransparencyAct.
NFIB OPPOSES
 
SB 2450 by Harris
HB 2212 by Powell       
Requires any report issued by the economic council onwomen on the wage disparities between men and women, and minorities andnon-minorities, in the same job classifications to be transmitted by thecommissioner to the governor, to the speakers of both houses of the generalassembly, to each member of the general assembly, and to each librarydesignated as a depository of state reports and documents.  
 
HB 1952 by Hazlewood
SB 2099 by Ketron
Authorizes any employee or employer who isharmed as a result of a violation of the present state statutory right to asecret ballot election to seek relief in chancery court.
 
HB 2090 by Hardaway
SB 2322 by Kyle
Establishes a minimum wage of $15.00 as of July1; provides a minimum wage for employees in the service industry who receivetips and employees that are compensated solely by gratuities; authorizes thedepartment of labor and workforce development to promulgate rules in compliancewith federal law.
NFIBOPPOSES
 
SB2046 by Harris
HB2277 by Turner       
State’s minimum wage to$10.10 Requires the commissioner of labor and workforce development to set thestate’s minimum hourly wage rate at not less than $10.10 per hour, adjustedannually to reflect inflation in accordance with the consumer price index. Setsthe wage rate paid to blind persons employed by the state to the greater of thestate minimum hourly wage rate or the federal minimum wage. Establishes a causeof action for employees if employers violate the state’s minimum hourly wagerate. States that any judgment issued in favor of an employee in pursuit ofunpaid wages must include, in addition to unpaid wages an amount equal to thewages as damages. The court shall, in addition to any judgment awarded to anyemployee, require the employer to pay court costs and reasonable attorney’sfees incurred by any prevailing employee. An action to recover damages pursuantto this section shall be instituted within three years from the date the wageswere due.
NFIB OPPOSES
 
SB2319 by Kyle
HB2324 by Cooper     
Establishes state minimumwage of $10.00 per hour. Establishes a state minimum wage for all employees of$10.00 per hour, beginning July 1, 2016.
NFIB OPPOSES
 
HB1830 by Marsh
SB1965 by Tracy
Makes various changes to theTennessee Lawful Employment Act, including requiring any public or privateemployer with six or more employees to enroll in the E-Verify program unlessthe employer submits an affidavit to the commissioner of labor and workforcedevelopment that the employer would suffer an undue hardship.
 
SB1486 by Green
HB1637 by Johnson
Enacts the “TennesseeWorkers Protection Act.”
 
SB2496 by Roberts
HB2554 by Durham    
Increases penalties forbusinesses that employ illegal immigrants.
 
HB1775 by Marsh
SB1969 by Tracy
Expands provisionsauthorizing the garnishment of earnings to include the earnings, commissions,and wages of independent contractors and similarly situated persons.
 
SB2110 by Johnson
HB2567 by Brooks K
Removes obsolete referenceto the Employee Misclassification Advisory Task Force.
 
SB1726 by Crowe
HB1904 by Windle
Encourages employers toprovide paid or unpaid time off on Veterans Day for employees who are veterans.
 
HB1551 by McCormick
SB2555 by Norris
Replaces references tovarious divisions and programs to reflect new structure of divisions within thedepartment and to reflect appropriate name of federal programs.
 
SB2152 by Tate
HB2606 by Coley        
Reduces the amount of timefrom seven days to five days for when an employee may contest an offset of theemployee’s wages by an employer for money owed to the employer.  
 
SB2338 by McNally
HB2348 by Calfee        
Allows all employees, notjust employees who are employed in the service of food and beverages, to waivethe required thirty-minute unpaid lunch break.  
 
SB2358 by Dickerson
HB2372 by Shaw         
Makes various revisions tothe Tennessee Disability Act, such as expanding the disability protections foremployers subject to the Act, as required by federal law.  Revised bill expected that will be reviewed byNFIB.
 
2015 Introductions
HB 0022 by *Gilmore
SB1138 by Tate
Human Rights – As introduced, “ban the box”bill prohibits employers from asking applicants for employment about expungedoffenses; prevents higher education institutions from asking applicants foradmission about expunged offenses; establishes civil penalties for privateemployers violating act’s provisions.
NFIB OPPOSES
No actiontaken in 2015
 
HB 0128 by *Gilmore
SB1062 by Harris
State Government – As introduced, removesconviction-related questions on job applications for employment with certainstate agencies and political subdivisions.
NFIB OPPOSES
 
SB 0475 by *Bell
HB 757 by Holt
Employees, Employers – As introduced, clarifiesthat neither a franchisee nor a franchisee’s employee shall be deemed to be anemployee 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 keyvoted both the bill and House amendment.
 
SB 0371 by *Kyle
HB0296 by *Jones
Human Rights – As introduced, adds sexualorientation and gender identity or expression to the list of characteristicsprotected from discrimination or harassment in employment, publicaccommodations, housing, financing, insurance, education, in places wherealcoholic beverages are consumed, real estate, public utilities, taxexemptions, the profession of healing arts, health facilities, and welfare inthe state.
03/25/15:Failed in House Consumer & Human Resources Subcommittee 2-4
 
SB 0330 by *Johnson
HB0226 by *Doss
Salaries and Benefits – As introduced,clarifies that the Prevailing Wage Act applies only to state highwayconstruction 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
 
SB 0104 by *Norris
HB0093 by *McCormick
Labor and Workforce Development, Dept. of – Asintroduced, 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
 
SB 0103 by *Norris
HB0092 by *McCormick
Labor – As introduced, allows employees coveredby the Longshoremen’s and Harbor Workers’ Compensation Act to be covered by theOccupational 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
 
SB 0123 by *Kelsey
HB0603 by *Durham
Employees, Employers – As introduced, reaffirmsthat a local government shall not enter into any collective bargainingagreement 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 ingeneral subcommittee
 
HB 0552 by *Fitzhugh
SB0662 by *Kyle
Employees, Employers – As introduced, requiresemployers to provide employees four hours of leave, paid or unpaid, each yearfor parental involvement in schools, subject to certain conditions; establishesa private cause of action for employer violations.
NFIB OPPOSES
03/11/15:Failed in House Consumer & Human Resources Subcommittee 2-4
 
HB 0555 by *Fitzhugh
SB 1067 by Harris
Salaries and Benefits – As introduced, enactsthe “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
 
HB 0557 by *Fitzhugh
SB0663 by *Kyle
Employees, Employers – As introduced,authorizes the department of labor, subject to the availability of federalfunding, to study the feasibility of the development or implementation of apaid family and medical leave program.
NFIB OPPOSES
03/25/15:Taken off notice in House Consumer & Human Resources Subcommittee
 
HB 0579 by *Hardaway
SB0659 by *Kyle
Salaries and Benefits – As introduced,establishes a minimum wage that increases annually on July 1; provides aminimum wage for employees in the service industry who receive tips andemployees that are compensated solely by gratuities; authorizes the departmentto promulgate rules and regulations in compliance with federal law.
NFIB OPPOSES
03/25/15:Failed in House Consumer & Human Resources Subcommittee 2-4
 
SB 1063 by *Harris
HB1257 by *Turner
Salaries and Benefits – As introduced, requiresthe commissioner of labor and workforce development to set the state’s minimumhourly wage rate at not less than $10.10 per hour, adjusted annually to reflectinflation in accordance with the consumer price index; establishes a cause ofaction 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 greaterof the state minimum hourly wage rate or the federal minimum wage.
NFIB OPPOSES
03/25/15: Failed in House Consumer & Human ResourcesSubcommittee
 
SB 1066 by *Harris
HB0768 by *Fitzhugh
Employees, Employers – As introduced, requiresemployee handbooks to include the leave statute for adoption, pregnancy, andchildbirth in subsequent editions occurring after May 27, 2005.
NFIB OPPOSES
04/01/15: Taken off notice in HouseState Government Subcommittee
03/24/15: Placed in general subcommitteein Senate Commerce & Labor Committee
 
SB 0864 by *Kyle
HB0903 by *Clemmons
Employees, Employers – As introduced, enactsthe “Tennessee Pay Equality Act.” 
NFIB OPPOSES
03/25/15:Failed in House Consumer & Human Resources Subcommittee 2-4
03/31/15: Placed in generalsubcommittee in Senate Commerce & Labor Committee
 
HB 0588 by *Parkinson
SB1157 by Norris
State Employees – As introduced, extends thedate by which TACIR must create a model policy for employers to prevent abusiveconduct 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
 
HB 0589 by *Parkinson
SB 1061 by Harris
Employees, Employers – As introduced, redefinesdrug in the drug-free workplace program; authorizes employers, in determiningwhat actions to take with a positive drug test, to consider whether theemployee was under the influence of the drug or alcohol while the employeeperformed duties within the employee’s scope of employment; revises otherrelated provisions.
03/31/15: Taken off notice in bothcommittees
 
SB 0705 by *Gardenhire
Local Government, General – As introduced,requires legislative approval of TACIR’s model anti-bullying policy prior toits adoption by certain employers, and clarifies that adoption of such policydoes not create a private right of action against any employee in theirpersonal capacity for negligent infliction of mental anguish.  
 
SB 1243 by *Bell
HB1186 by *Faison
Sunset Laws – As introduced, extends thedepartment of labor and workforce development, June 30, 2019, and requires thedepartment to report back to the committee concerning the findings in its 2014single audit report.
03/09/15:Senate passed 33-0
04/21/15:House passed 93-2
 
SB 0890 by *Kelsey
HB1145 by *Casada
State Employees – As introduced, increases theminimum size for forms that authorize payroll deductions for state employeemembership dues to certain employee associations from three inches by fiveinches, to three inches by six inches.
04/07/15: Taken off notice in bothcommittees
 
SB 1159 by *Massey
HB0974 by *Hill M
Employees, Employers – As introduced, enactsthe “Tennessee Pregnant Workers Fairness Act.”
03/17/15: Taken off notice in Senate Commerce & LaborCommittee
03/25/15: Deferred to 2016 in House Consumer & HumanResources Subcommittee
 
Tax, Spending & Fiscal Restraint 
2016 Introductions
SB 1475 by Bell
HB 1490 by Casada
Removes the requirement that persons making sales ofcertain property must provide the department of revenue with informationreports concerning sales and use taxes; prohibits the commissioner from issuingassessments based on such reports by other entities; requires certain rulepromulgation.
NFIB SUPPORTS
NFIB & five otherbusiness groups support this legislation from the Tennessee Grocers &Convenience Store Association
 
SB 2454 by Harris
HB 2542 by Fitzhugh    
Retailer accountability provisions – exemption forcertain sellers. Exempts sellers with total gross sales of less than $1,000,000from retailer accountability provisions.  
 
SB 2570 by Norris
HB 2579 by McCormick           
Removes authorization of commissioner of revenue todesignate products for which persons selling those products must submit aninformation report; exempts certain wholesalers of candy, food, andnonalcoholic drinks from filing the information report; revises other relatedprovisions.  
 
HB 1912 by Casada
SB 2602 by Norris
Decreases the penalty for deficient or delinquentquarterly estimated franchise and excise tax payments from five percent to onepercent per month of underpayment; decreases the maximum total penalty fordeficient or delinquent quarterly estimated franchise and excise tax paymentsfrom 25 percent to 12 percent.
NFIB SUPPORTS
NFIB, Tennessee Chamber ofCommerce & Industry and TSCPAs support
 
HB 1554 by McCormick
SB 2558 by Norris
Specifies additional circumstances under which thecommissioner of revenue may waive penalties for delinquent franchise and excisetaxes; alters the formula for calculating quarterly estimated payments forfranchise and excise taxes; reduces penalties for deficient or delinquentestimated franchise and excise tax payments from five percent to two percentper month; makes other related revisions.
 
SB 1995 by Ketron
HB 1971 by Ramsey
Deletes all language and cross references forrevenue commissioners.
 
SB 2017            by Ketron
HB 2584 by Todd
Authorizes Tennessee’s participation in ArticleV conventions to propose amendments to the United States Constitution, throughthe adoption of the “Compact for a Balanced Budget.”
 
SB 1919 by Bowling
HB 1951 by Hazlewood
Under certain circumstances, exemptsnonresident licensees from liability for professional privilege tax.
 
SB 1870 by Johnson
HB 1725 by Jernigan
Decreases the tax on the privilege of engagingin the profession of real estate broker from $400 annually to $200 annually.
 
HB 1962 by Camper
SB 2587 by Norris
Establishes a franchise and excise tax creditequal to two percent of qualified transportation expenditures made by a shipperwho establishes a turn-around policy that meets certain requirements.
 
HB 2036 by Faison
SB 2600 by Norris
Establishes procedure for classifying propertyas low-income housing property; requires such property be valued according topresent use value; makes other related revisions.
 
HB 1921 by Sargent
SB 2105 by Johnson
Provides that a purchaser of a parcel of landin a tax lien sale has no obligation to purchase insurance on the parcel duringthe redemption period and that the purchaser is not liable for damage thatoccurs to the property during the redemption period unless it is caused byintentional acts of the purchaser.
 
SB 1938 by Yager
HB 1899 by Dunn
Extends for an additional six years to July 1,2022, the temporary tax on bottles of soft drinks and barrels of beer to fundprograms for the prevention and collection of litter.
 
HB 1928 by Smith
SB 2026 by Briggs
Creates an advisory taskforce to review thesale of online coupons and recommend any necessary statutory revisions to theconsumer protection and criminal laws that should be made to protect consumerswhen paying to obtain an online coupon.
 
HB 1804 by Doss
SB 2251 by Hensley
Reallocates a portion of revenue collected from the statebusiness tax from the state general fund to county governments.
 
SB 1700 by Johnson
HB 1460 by Sargent
Removes statutory allocations to the general fund fromcertain fuel tax revenues; reallocates certain allocations.
 
SB 1457 by McNally
HB 1466 by Johnson
For purposes of annual reports submitted to department ofeconomic and community development by publicly funded agencies that assistsmall businesses, specifies that small businesses on which statistical data isreported must have annual gross receipts, instead of a sales volume, of$200,000 or less, or employ 15 or fewer full-time employees, instead of 15 orfewer full-time or part-time employees.
 
SB 1453 by McNally
HB 1463 by Sargent
Appropriations – Requires the state funding board’srecords of state debt obligations to include the amounts of necessary expensesfor making debt service payments.
 
SB 1454 by McNally
HB 1462 by Sargent
Authorizes the state of Tennessee, acting by resolutionof its funding board, to issue and sell its interest-bearing bonds and bondanticipation notes for certain purposes.
 
SB 1455 by McNally
HB 1461 by Sargent
Appropriations – Makes appropriations for the purpose ofdefraying the expenses of certain legislative enactments passed during the 2016session of the 109th General Assembly; earmarks sufficient state funds for thepurpose of funding any bill naming a highway or bridge in honor of a servicemember killed in action.
 
SB 1435 by Tracy
HB 1415 by Smith
Appropriations – Appropriates $261,000,000 from excessstate tax revenues over collected in fiscal year 2014–2015 to the department oftransportation to be used for backlog transportation road projects.
 
HB 1650 by Carter
SB 1716 by Gardenhire
Restricts the use of state gasoline tax revenuesdistributed to the highway fund, counties, and cities to the construction,improvement, and maintenance of highways and bridges; prohibits the use of suchrevenue for pedestrian, bicycle, and other nonvehicular facilities.
 
SB 1451 by Green
HB 1815 by Kumar
Increases the registration fee for hybrid-electricpassenger motor vehicles by $75.00; increases the registration fee for electricpassenger motor vehicles by $150.00.
 
SB 2366 by Watson
HB 1480 by Smith        
Exempts certain entities from some franchise and excisetaxes. Exempts certain new businesses from a portion of their franchise andexcise tax liability during their first two years of existence. Requires thetaxpayer to provide documentation requested by the department of revenue toestablish that the taxpayer qualifies for the exemption. Authorizes thedepartment to promulgate rules to specify the documentation required to qualifyfor the exemptions.
 
SB 2538 by Norris
HB 2570 by McCormick
Enactsthe “Rural Economic Opportunity Act of 2016”; authorizes a job taxcredit for qualified business enterprises located in tier 4 enhancementcounties; specifies the minimum jobs criteria and requirements to qualify forthe credit; establishes the propelling rural economic progress (P.R.E.P.) fund;establishes guidelines for making grants from the P.R.E.P. fund.  
 
SB 2353 by Dickerson
HB 2320 by Holsclaw
Authorizesthe commissioner to enter into an agreement with a taxpayer consenting to a taxrefund claim being filed beyond the three-year period required by present law,if the taxpayer affirms the overpayment is the result of negligence or fraud bythe taxpayer’s accountant.
 
SB 2539 by Norris
HB 1536 by McCormick
Establishesa tax credit equal to 33 percent of the value of investments made in certaincompanies by an “angel investor” against the angel investor’s Hall incometax liability.  
 
SJR 462 by Gardenhire
Constitutionalamendment  – prohibits state propertytax. Proposes an amendment to Article II, Section 28, of the Constitution ofTennessee to prohibit the legislature from imposing a state property tax onreal property.  
 
HJR 525  by Van Huss
Prohibitionfrom imposing property tax on real property. Proposes an amendment to ArticleII, Section 28, of the Constitution of Tennessee to prohibit the legislaturefrom imposing a state property tax on real property.
 
HJR 522  by Miller
Amendmentto prohibit state and local sales and use taxes upon retail sale. Proposesamendment to Article II, Section 28, of the Constitution of Tennessee toprohibit state and local sales and use tax upon the retail sale of tangiblepersonal property or services beginning July 1, 2019.
 
SB 2093 by Ketron
HB 2407 by Sargent
Enactsthe “Public-Private Transportation Act of 2016.”
 
SB 2459 by Hensley
HB 2506 by Byrd
Ruralsales tax holiday. Establishes an annual one-day holiday from the state portionof the sales and use tax for purchases made in rural counties. Defines”rural county” as any county with a population of 50,000 or less.  
 
 
2015 Introductions
SB 0603 by *Norris
HB0644 by *McCormick
Taxes – As introduced, enacts the “RevenueModernization Act.”
NFIB sharedconcerns about this legislation, some of which was removed.
04/16/15:House passed 90-3
04/22/15:Senate passed 30-0
 
SB 0324 by *Norris
HB0213 by *McCormick
Taxes, Excise – As introduced, increases weightgiven to the sales factor under the statutory apportionment formula used tocalculate 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
 
SB 0322 by *Norris
HB0291 by *McCormick
Taxes, Exemption and Credits – As introduced,requires commissioners of economic and community development and revenue toevaluate 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
 
SB 0327 by *Tracy
HB0233 by *Hawk
Taxes, Sales – As introduced, allows dealers,when reporting and remitting sales taxes to the department of revenue, toretain a certain portion of such taxes in order to compensate for costsincurred in accounting for and remitting such taxes; establishes certainmaximum limitations for certain dealers.
NFIBSupports restoration of vendors’ compensation.
03/24/15:Placed in general sub in Senate Finance
 
SB 0059 by *Green
HB0423 by *Sexton C
Taxes, Excise – As introduced, changes thestatutory apportionment formula used to calculate franchise and excise taxesfrom a three-factor formula to a single-sales-factor formula.
04/21/15:Taken off notice in both Finance committees
 
SB 0003 by *Norris
HB0001 by *McCormick
Taxes, Sales – As introduced, reduces the statesales and use tax rate on tangible personal property from seven percent to 6.75percent.
04/21/15:Placed behind the budget, to be reconsidered in 2016
 
SB 0033 by *Overbey
HB0122 by *Shepard
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
 
SB 0106 by *Norris
HB0095 by *McCormick
Taxes – As introduced, extends the effectivedate 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 taxprovisions.
04/09/15:House passed 93-1
04/16/15:Senate passed 32-0
 
SB 0086 by *Norris
HB0076 by *McCormick
Economic and Community Development – Asintroduced, authorizes, rather than requires, tax credits and other economicincentives based on employment to include individuals having a co-employmentrelationship with a professional employer organization and a client.
03/05/15: Passed Senate 22-0
03/26/15: Passed House 94-0
 
SB 0556 by *Bowling
HB0678 by *VanHuss
Taxes, Privilege – As introduced, phases outthe privilege tax on persons engaged in certain occupations by annuallydecreasing it by 20 percent over the next five years; eliminates the tax in2019 and thereafter.
04/21/15:Placed behind the budget, to be reconsidered in 2016
 
SB 0167 by *Bowling
HB0601 by *Durham
Taxes, Privilege – As introduced, exemptsaudiologists and speech pathologists from the professional privilege taxbeginning January 1, 2016.
04/21/15:Placed behind the budget in House Finance, negative recommendation in SenateRevenue Subcommittee, to be reconsidered in 2016
 
HB 0419 by *Alexander
SB1358 by McNally
Taxes – As introduced, clarifies that thenotice of tax assessment being challenged by a taxpayer in a lawsuit againstthe department of revenue must be attached to the petition filed in the lawsuit.
No actiontaken in 2015
 
HB 0559 by *Eldridge
SB1313 by McNally
Taxes, Excise – As introduced, for tax yearsbeginning on or after July 1, 2016, authorizes qualified manufacturingtaxpayers that meet certain investment, job creation, and other criteria to usea special apportionment formula for calculating net earnings for excise taxpurposes; increases annually the weight afforded to the receipts factor in thespecial apportionment formula until receipts is the sole factor.
04/22/15:“Triple weighting” included in HB 644/SB 603
 
SB 0748 by *Watson
HB0777 by *Carter
Fiscal Review Committee – As introduced, enactsthe “Fiscal Note Integrity Act of 2015
No actiontaken in 2015
 
SB 0796 by *Kelsey
HB1082 by Todd
Taxes, Exemption and Credits – As introduced,under certain circumstances, allows a sales tax credit for taxpayers thatexpand headquarters facilities and make minimum capital investments inTennessee; allows a franchise and excise tax credit for taxpayers who hireveterans.  
03/18/15:Taken off notice in House Finance Subcommittee
 
SB 0850 by *Overbey
HB0951 by *Lynn
Taxes, Hotel Motel – As introduced, on a prospectivebasis, requires a portion of the proceeds of a hotel-motel tax adopted byordinance or resolution to be used for tourism purposes; requires a city orcounty to conduct an economic impact study prior to adopting an ordinance orresolution to enact a hotel-motel tax; makes other revisions regardinghotel-motel taxes.  
04/15/15:Senate passed 32-0-1
04/20/15:House passed 90-0
 
SB 0580 by *Overbey
HB0484 by *Stewart
Taxes – As introduced, authorizes a copy of acourt order, in lieu of a memorandum of the judgment of the court, to beentered beside a prevailing taxpayer’s name in the tax books upon dismissal ofan action after expiration of the statute of limitations. – Amends TCA Title67.
No actiontaken in 2015
 
HB 0860 by *Harrison
SB1030 by Ketron
Taxes, Sales – As introduced, clarifies thatthe definition of “food and food ingredients” includes substancessold for digestion by humans; requires aviation fuel dealers to file aquarterly report on tax paid not later than 45 days, instead of 30 days, afterthe last day of the preceding calendar quarter. –
No actiontaken in 2015
 
SB 0839 by *Yager
HB1358 by Calfee
Taxes, Income – As introduced, contingent uponrevenue growth exceeding three percent in any fiscal year, reduces the Hallincome tax, which is presently levied by the state, until it reaches zeropercent; upon the state tax rate reaching zero percent, allows localgovernments to levy a like tax not to exceed 2.25 percent, if the ordinance orresolution levying the tax is approved within two years.
No actiontaken in 2015
 
SB 0846 by *Yager
HB1357 by Calfee
Taxes, Exemption and Credits – As introduced,increases, by $10,000, the maximum income that persons 65 and older may haveand still be exempt from paying the Hall income tax for tax years 2016 andsubsequent years.
Actiondeferred to 2016
 
SB 0818 by *Tracy
HB0878 by *Harrison
Taxes, Exemption and Credits – As introduced,requires the commissioner to annually report the amount of disaster reliefrefunds issued by the department.  
Actiondeferred to 2016
 
SB 0799 by *Dickerson
HB0879 by *Brooks K
Taxes, Exemption and Credits – As introduced,exempts compressed natural gas from sales tax in the same manner that thepresent law exempts motor fuel and liquified gas from sales tax. 
04/21/15:Taken off notice in both Finance committees
 
SB 1349 by *McNally
HB1249 by *Alexander
Administrative Procedure (UAPA) – Asintroduced, upon the filing of any rule with the secretary of state, requiresthe comptroller of the treasury to include a statement of financial impact;makes related revisions to the determination of the fiscal impact of proposedrules and regulations.
No actiontaken in 2015
 
SB 0499 by *Johnson
HB0488 by *Marsh
Business and Commerce – As introduced, on orafter January 1, 2016, requires counties and municipalities issuing or renewingbusiness licenses to provide a means by which the taxpayer may apply for orrenew such licenses by usage of the Internet.
No actiontaken in 2015
 
SB 1312 by *McNally
HB0418  *Sargent
Public Funds and Financing – As introduced,under certain circumstances, requires any franchise and excise tax revenuegrowth 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
2016 Introductions
SB2062 by Stevens
HB2234 by Lundberg
Enacts the “AsbestosBankruptcy Trust Claims Transparency Act” and the “Asbestos ClaimsPriorities Act.”
NFIBSUPPORTS
 
SB2268 by Beavers
HB2388 by Carter
Prohibits arbitration incauses of action arising out of consumer contracts.
 
SB1883            by Tate
HB2336 by Shaw
Removes the requirement thata litigant file a claim arising under the jurisdiction of the human rightscommission within 90 days after the commission issues a finding that there wasreasonable cause to believe discrimination was found.
 
SB1884            by Tate
HB2335 by Shaw
Eliminates requirement thata party remove a case to state court within 90 days after the complaint isfiled if the Tennessee human rights commission determines there is reasonablecause to believe discrimination took place.
 
SB1785 by Overbey
HB1774 by Daniel
Limits to $25,000 the amountof compensatory damages awarded to each complaining party for losses in certainretaliatory discharge actions against employers with less than eight employeesat the time the cause of action arose.
 
SB1691 by Bell
HB1838 by Durham
Establishes certain civilremedies for an employer against any employee who exceeds the employee’sauthority to enter nonpublic areas of the employer’s premises.
 
HB1666 by Lamberth
SB2282 by Kyle
Updates the offense ofharassment with respect to the methods by which harassment may occur andbroadens the offense to include the methods available through moderntechnology.
 
SB 1736 by Gresham
HB 2033 by Faison
Establishesthat if a person or entity posts to prohibit the possession of firearms on theproperty, the posting entity, for purposes of liability, assumes custodialresponsibility for the safety and defense of any handgun carry permit holderharmed while on the posted property.
 
2015 Introductions
SB 0507 by *Johnson
HB0546 by *Casada
Insurance, Liability – As introduced, enactsthe “Insurance Costs Reduction Act.”
Anamendment is expected in 2016 that would seek to establish an administrativeprocess for reviewing medical malpractice claims.
 
SB 0764 by *Gardenhire
HB0666 by *Farmer
Statutes of Limitations and Repose – Asintroduced, extends the statute of limitations from one year to three years forpersonal injury causes of action.
No actiontaken in 2015
 
SB 0743 by *Tate
HB0749 by *Camper
Fines and Penalties – As introduced, deletesthe allocation formula for funds collected on outstanding fines, litigationtaxes, and costs; permits the collection of fines, litigation taxes, and costsseparately. – Amends TCA Title 40, Chapter 24.
03/25/15:Taken off notice in House Civil Justice Subcommittee
 
SB 0819 by *Kelsey
HB1285 by Durham
Healthcare Liability – As introduced, limitswho may be named as defendants in a healthcare liability action.  
04/13/15:House passed 96-0
04/14/15:Senate passed 25-4
 
HB 0835 by *Carter
SB0768 by *Yager
Civil Procedure – As introduced, creates thecivil justice reform commission to study possible reforms to increase access tothe civil justice system; requires the commission to report findings andrecommendations to the judiciary committee of the senate, the civil justicecommittee of the house, the governor, and the supreme court by January 1, 2016.
03/18/15:Sent to Study Committee
 
Unemployment
2016 Introductions
HB1552 by McCormick
SB2556 by Norris
Unemployment Compensation -Revises provisions governing season employment; adds provisions regardingtaxable wage base; revises other provisions.
 
SB2481 by Green
HB2512 by Holt          
Report on condition of theunemployment trust fund. Requires the commissioner of labor and workforcedevelopment to publish the report concerning the condition of the unemploymenttrust fund during the first week of January and the first week of July of eachyear. Also requires the commissioner to provide such information for thegeneral public on the department’s website.
 
2015 Introductions
SB 0102 by *Norris
HB0091 by *McCormick
Unemployment Compensation – As introduced,authorizes individuals or entities to correspond with the department of laborand workforce development through electronic means; requires employers to filea portion of the wage and premium report electronically in a format prescribedby the commissioner; revises other various unemployment compensationprovisions.
NFIBNeutral with amendment to allow opt out for employers with 10-99 employees fromproposed 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
 
HB 0862 by *Sargent
SB 922 by Johnson
Unemployment Compensation – As introduced,allows employers who elect to reimburse the state for unemployment benefitspaid in lieu of premiums to contest charges for employees that may have had adisqualifying event that makes the employee ineligible for unemploymentbenefits.  
03/24/15:Sent to general sub of Senate Commerce & Labor Committee
 
SB 0872 by *Dickerson
HB1013 by *Beck
Unemployment Compensation – As introduced,prohibits the commissioner of labor and workforce development from promulgatinga rule that would allow a substitute teacher to be eligible for unemploymentbenefits from the school district for which the teacher is working, unlessthere has been a separation between the teacher and the school district.
03/25/15:Taken off notice in both committees
 
Workers’ Compensation
2016 Introductions
SB1880 by Johnson
HB2038 by Eldridge
Reduces the amount a medicalprovider may charge an employee for medical reports, medical records, ordocuments relating to a workers’ compensation claim from $10.00 for the first20 pages to $10.00 for the first 30 pages.
 
HB1795 by Mitchell
SB2318 by Kyle
Recreates the special jointcommittee on workers’ compensation issues.
 
SB1758 by Green
HB1720 by White M
Requires the administratorof the bureau of workers’ compensation to assess a civil penalty against anyworkers’ compensation payor who violates certain disclosure and paymentrequirements related to rental and assignment of PPO network rights.
 
SB1706 by Gardenhire
HB1869 by Farmer
Allows attorneys’ fees andother costs to be recovered in a workers’ compensation claim when the employerdenies a claim or fails to deliver benefits to which the employee is entitledif a workers’ compensation judge makes a finding that benefits were owed;grants a refund to employers or their insurers if benefits were paid andsubsequently a court finds that the employee was not entitled to the benefits.
 
HB1559 by McCormick
SB2563 by Norris
Workers Compensation – Revisesvarious provisions governing payments for permanent partial disabilities;renames the workers’ compensation appeals board; revises other provisions of theworkers’ compensation law.
 
SB 2580 by Norris
HB 2194 by Coley
Employeescovered under workers compensation wrongly. Allows a court to apportion faultto an employer who covered an employee under workers’ compensation when suchemployee brings an action against a third-party tortfeasor and reduces theemployer’s subrogation recovery to the extent such employer has allocatedfault.
 
SB 2482 by Massey
HB 2404 by Travis
Prohibitsthe discharge or termination of employees for filing a workers’ compensationclaim; limits the amount of damages that an employee can pursue in certainretaliatory discharge actions.  
 
SB 2582 by Norris
HB 2416 by Lynn
Revisesvarious workers’ compensation and drug-free workplace provisions.  
 
2015 Introductions
SB 0721 by *Green,Johnson, Gresham, Watson
HB997 by Durham
Workers Compensation – As introduced, enactsthe “Tennessee Employee Injury Benefit Alternative.”
NFIB Neutral, sharing feedback andconcerns 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
 
SB 0105 by *Norris
HB 0094 by*McCormick
Workers Compensation – As introduced, revisesvarious provisions of the Workers‘ Compensation Law. Administration clean-upbill of 2013 law.
04/02/15:Senate passed 27-3-1
04/20/15:House passed 91-2-1
 
HB 0316 by *McDaniel
SB0581 by *Overbey
Workers Compensation – As introduced, changesthe date by which the workers’ compensation division must produce its report ofall the employers that failed to obtain coverage or self-insure during theprevious fiscal year from December 31 to December 15.
No actiontaken in 2015
 
SB 0174 by *Ketron
HB0178 by *Lynn
Workers Compensation – As introduced, includesas information open for public inspection the workers’ compensation policycancellation date and the policy reinstatement date.
03/30/15:Senate passed 33-0
04/20/15:House passed 93-0
 
SB 0171 by *Ketron
HB0558 by *Eldridge
Workers Compensation – As introduced, prohibitsan insurance company from charging a premium for any construction servicesprovider exempt from workers’ compensation and any person who is otherwise anindependent contractor; requires additional defense costs and loss adjustmentcosts be reported to the commissioner of commerce and insurance assupplementary rate and loss costs information.
04/02/15:Senate passed 30-0-1
04/09/15:House passed 96-0
 
HB 0654 by *Eldridge
SB0644 by *Ketron
Workers Compensation – As introduced, removesthe reciprocity provision that out-of-state employees who are temporarilyperforming services in this state are exempt from the Tennessee Workers’Compensation Law when certain requirements are met for purposes of constructionservices providers, and instead, requires that out-of-state constructionservices providers and their employers comply with the Tennessee Workers’Compensation Law.
No actiontaken in 2015
 
SB 0675 by *Dickerson
HB0821 by *Doss
Workers Compensation – As introduced, requiresthat the annual report of the workers’ compensation advisory council bedistributed to the chief clerk of the house and chief clerk of the senate, whoare to distribute the report to any requesting member of the general assembly.  
No actiontaken in 2015
 
Other
2015 Introductions
SJR 0067 by *Bell
Constitutional Amendments – As introduced,makes application for the calling of an Article V convention under the UnitedStates Constitution to consider amendments to impose fiscal restraints on thefederal 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
 
HB 0137 by *Lamberth
SB0287 by *Stevens
Eminent Domain – As introduced, requiresactions brought by a landowner for a jury of inquest or damages to be broughtwithin 12 months after the land has been actually taken possession of and thework of proposed improvement begun.
03/19/15:House passed 87-3
04/13/15:Senate passed 30-0
 
HB 0185 by *Butt
SB0459 by *Bell
Personal Property – As introduced, prohibitsthe state or any political subdivision from adopting or implementing any policyrecommendation that intentionally or inadvertently infringes upon or restrictsprivate property rights without due process of law; repeals any law in conflictwith the Act and prohibits contracts that are in conflict with the Act frombeing entered into or renewed on or after the effective date of the Act.
No actiontaken in 2015
 
SB 0438 by *Haile
HB0428 by *Rogers
Attorney General and Reporter – As introduced,directs the office of the attorney general to prepare a written statement of aproperty owner’s rights during any condemnation proceeding and to post thestatement on its web site; requires that the statement be sent together withany 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

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