http://wapp.capitol.tn.gov/apps/billsearch/BillSearch.aspx Click on this link to search and/or track bills. Brian Solsbee Executive Director Jeremy Elrod Director of Government Relations Lindsay Bowman Government Relations Assistant _____________________________________________________________________________________________________________________ 212 Overlook Circle • Suite 205 • Brentwood, TN 37027 • Phone (615) 373-5738 • Fax (615) 373-1901 111th General Assembly – First Session Number 4 February 15, 2019 Legislative Report TMEPA Legislative Rally and Reception a Success, Bills Starting Moving in Committees This year’s TMEPA Legislative Rally and Reception was a success, with TMEPA members visiting legislators in their offices, along with TMEPA’s reception seeing an excellent turnout of legislators and their staffs. With several bills at the legislature this year that affect municipal electric and water utilities, our time on the hill was well spent. We always appreciate everyone’s help in making the day a success, both with meeting with legislators in their offices and at our evening reception. Thank you to everyone who attended, along with every utility manager as you continue to be engaged in helping us make sure only legislation that helps your utility and its customers moves through the legislature. Requiring Cities to Contract for Banking Services Each year the Comptroller’s office files a group of bills to make various changes in state laws governing counties, cities, and utilities. Part of that package of bills is SB72, which requires municipalities to contract with a bank for the deposit of municipal funds, with a reevaluation required every four years. This requirement is already in place for county governments, and this bill would place it on cities. Municipal utilities would only be affected that have their city manage their funds. If the municipal utility manages their funds on their own, the bill would not apply to them. An amendment on the bill from the Comptroller’s Office is forthcoming that will allow other factors to be considered in the bid process. The bill will be heard in the Senate State and Local Government Committee on Tuesday. Removing Statute That Singles Out NES Next week legislation will be heard to remove a state statute that singles out Nashville Electric Service. NES is the only electric utility in Tennessee with its own state law about their requirements for cut-off and discontinuation of service procedures. SB1095 would remove this statute and allow NES to establish these procedures like other similar utilities. The bill is the House Utilities Subcommittee on Wednesday. Prohibiting Sharing Utility Meter Data This year’s bill dealing with smart meters is scheduled to be heard next week. As we told you last week, HB1149 prohibits utilities from selling, sharing, or disclosing information collected from an advanced metering system or meter information network to a third party unless the information is aggregated in such a way so as not to identify individual customers or properties. A prohibition such as this would significantly hamper many utilities that use software or third-party contracts in their AMI systems, particularly smaller utilities that don’t have the in-house capabilities this bill would necessitate. Already, state law says utility meter data are confidential records and not open records except for a customer’s monthly aggregated data, so this information is currently protected. As drafted, the bill does not apply to municipal utilities and only affects utility districts, electric cooperatives, and investor owned utilities. This is likely unintentional, so we will be discussing our concerns with the bill’s sponsors. An amendment has been filed with the committee that would also apply the bill third party billing companies that contract with utilities and prohibiting them from sharing data. The bill is scheduled to be heard in the House Utilities Subcommittee on Wednesday. TMEPA is opposed to the legislation and will be talking with members of the subcommittee.
Transcript
http://wapp.capitol.tn.gov/apps/billsearch/BillSearch.aspx Click on this link to search and/or track bills.
Brian Solsbee Executive Director
Jeremy Elrod
Director of Government Relations
Lindsay Bowman Government Relations Assistant
_____________________________________________________________________________________________________________________ 212 Overlook Circle • Suite 205 • Brentwood, TN 37027 • Phone (615) 373-5738 • Fax (615) 373-1901
111th General Assembly – First Session Number 4 February 15, 2019
Legislative ReportTMEPA Legislative Rally and Reception a Success,
Bills Starting Moving in Committees This year’s TMEPA Legislative Rally and Reception was a success, with TMEPA members visiting legislators in their offices, along with TMEPA’s reception seeing an excellent turnout of legislators and their staffs. With several bills at the legislature this year that affect municipal electric and water utilities, our time on the hill was well spent. We always appreciate everyone’s help in making the day a success, both with meeting with legislators in their offices and at our evening reception. Thank you to everyone who attended, along with every utility manager as you continue to be engaged in helping us make sure only legislation that helps your utility and its customers moves through the legislature.
Requiring Cities to Contract for Banking Services Each year the Comptroller’s office files a group of bills to make various changes in state laws governing counties, cities, and utilities. Part of that package of bills is SB72, which requires municipalities to contract with a bank for the deposit of municipal funds, with a reevaluation required every four years. This requirement is already in place for county governments, and this bill would place it on cities. Municipal utilities would only be affected that have their city manage their funds. If the municipal utility manages their funds on their own, the bill would not apply to them. An amendment on the bill from the Comptroller’s Office is forthcoming that will allow other factors to be considered in the bid process. The bill will be heard in the Senate State and Local Government Committee on Tuesday.
Removing Statute That Singles Out NES Next week legislation will be heard to remove a state statute that singles out Nashville Electric Service. NES is the only electric utility in Tennessee with its own state law about their requirements for cut-off and discontinuation of service procedures. SB1095 would remove this statute and allow NES to establish these procedures like other similar utilities. The bill is the House Utilities Subcommittee on Wednesday.
Prohibiting Sharing Utility Meter Data This year’s bill dealing with smart meters is scheduled to be heard next week. As we told you last week, HB1149 prohibits utilities from selling, sharing, or disclosing information collected from an advanced metering system or meter information network to a third party unless the information is aggregated in such a way so as not to identify individual customers or properties. A prohibition such as this would significantly hamper many utilities that use software or third-party contracts in their AMI systems, particularly smaller utilities that don’t have the in-house capabilities this bill would necessitate. Already, state law says utility meter data are confidential records and not open records except for a customer’s monthly aggregated data, so this information is currently protected. As drafted, the bill does not apply to municipal utilities and only affects utility districts, electric cooperatives, and investor owned utilities. This is likely unintentional, so we will be discussing our concerns with the bill’s sponsors. An amendment has been filed with the committee that would also apply the bill third party billing companies that contract with utilities and prohibiting them from sharing data. The bill is scheduled to be heard in the House Utilities Subcommittee on Wednesday. TMEPA is opposed to the legislation and will be talking with members of the subcommittee.
Allowing Septic Tanks During Sewer Connection Moratorium
This week legislation allowing a property owner to install a septic tactic if the local wastewater utility has a moratorium on connections was deferred for two weeks. For many reasons, a sewer or wastewater system may implement a moratorium on new connections. SB178 would allow someone to install a septic tank if TDEC, local government or a utility implements a moratorium and the person is unable to connect to the sewer system because of it. The bill would require the permit holder to discontinue service to the septic tank and connect to the sewer system within 90 days of the moratorium being lifted. An amendment was drafted that among other things would have removed the connection requirement, however other amendment language will be worked on in the coming weeks. The bill was taken off notice in the House Agriculture and Natural Resources Subcommittee and deferred until February 27 in the Senate State and Local Committee on Wednesday.
Vandalism of Critical Utility Infrastructure Currently, state law says vandalism of electric, telephone, or communication infrastructure is a Class E felony, along with railroad property. This adds heightened protection to infrastructure critical to a community and our economy. SB264 would add pipeline infrastructure for crude or refined petroleum products or natural gas. TMEPA will seek an amendment to add water and wastewater infrastructure to the legislation as it’s not currently covered. Municipal Broadband Expansion Bill on Calendar
Sen. Kurita has scheduled for committee SB79, which seeks to allow municipal broadband utilities to offer service beyond their electric service area. Sen. Rosalind Kurita, who was appointed to fill the former Senate seat of Mark Green who was elected to Congress last year, filed the legislation at the request of Montgomery County who want better broadband service in their area. An amendment has been filed on the bill that corrects some of the bill’s drafting errors. Expanding broadband is still on the minds of many legislators, even with the General Assembly passing legislation on the topic less than two years ago. This year the most likely action to be taken by the legislature this year is attempting to increase the money appropriated to the state’s broadband expansion grant program in this year’s budget. That hasn’t slowed Sen. Kurita and Sen. Bowling (SB489, SB490, SB494) from filing bills on the topic. Sen. Kurita’s SB79 will be heard in Senate Commerce Committee on Tuesday.
Certifying Electrical Inspectors Currently, plumbing and mechanical inspectors are certified by the state fire marshal. SB1190 would add electrical inspectors to the list of inspectors that are certified by the state. The bill establishes a recertification process for electrical inspectors every three years, and requires electrical inspectors under contract with the state to be certified starting January 1, 2020. The bill is scheduled for the House Business Subcommittee on Tuesday.
APPA Legislative Rally The APPA Legislative Rally will take place in Washington, D.C. February 25th – 27th at the Mayflower Hotel in Washington, D.C. We are making appointments with members of Congress, and appointments with Senators Alexander and Blackburn are being finalized. If you plan on attending and haven’t been in contact in contact with Brian, please reach out to him.
Bill List This Week
This week’s bill list includes bills affecting municipal electric, water, wastewater and broadband utilities along with the position TMEPA has taken on each bill. With TMEPA also lobbying on issues important to municipal water and wastewater utilities, the bill list will be a little longer this year to reflect the increased service to our TMEPA members that offer these additional services. If you have questions about any bill in the list or that you’ve heard about, feel free to contact us.
Report on status of the computerized titling and registration system.
Sponsors: Sen. Massey, Becky , Rep. Howell, Dan Summary: Changes the required date the commissioner must appear before the transportation committee in the
House and transportation and safety committee in the Senate from March 1 to March 15 annually to report the status of computerized titling and registration system.
Fiscal Note: (Dated January 18, 2019) NOT SIGNIFICANT Senate Status: 01/19/19 - Referred to Senate Transportation & Safety Committee. House Status: 01/31/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 55, relative to transportation. Position: Support Comment: Omnibus Special License Plate bill. Likely to include an amendment to create the "Powering
Tennessee" license plate that will benefit the Tennessee Lineworker Lifeline Fund. SB72/HB204
Requires municipalities to contract with a bank for the deposit of municipal funds.
Sponsors: Sen. Swann, Art , Rep. Crawford, John Summary: Requires municipalities to contract with a bank for the deposit of municipal funds. Specifies that the
local governing body must require any financial institution that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits or as provided in a collateral pool. At least once every four years and at least once during a mayor's term of office, the local governing body must evaluate whether the contract entered into should be rebid. This evaluation must be based on the local governing body's evaluation on proposals obtained from at least two banks or other financial institutions. The treasurer must prepare a written evaluation of the proposals and preserve the evaluation for at least three years.
Fiscal Note: (Dated February 7, 2019) Other Fiscal Impact A precise impact to local government revenue and expenditures cannot reasonably be determined due to multiple unknown variables; however, any increase in local expenditures is considered mandatory.*
Senate Status: 02/14/19 - Set for Senate State & Local Government Committee 02/19/19. House Status: 02/01/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 6, relative to procurement of banking services. Position: Neutral Comment: Bill filed by the Comptroller's Office. Only applies to city governments. Would only apply to municipal
utilities if the general city government maintains and handles their funds. Does not apply to municipal utilities if they manage and handle their own funds and bank accounts. TMEPA is seeking clarification or an amendment to allow other factors to be considered in the bid process. An amendment on the bill from the Comptroller’s Office is forthcoming.
Sponsors: Sen. Swann, Art , Rep. Holsclaw, Jr., John Summary: Expands the current offense of driving while using a handheld mobile phone as Class C
misdemeanor to include any road, highway, or street, opposed to only in marked school zones as it currently stands. Establishes all drivers under 18 years of age using a hands-free device while the car is in motion will fall under this offense.
Senate Status: 02/01/19 - Referred to Senate Transportation & Safety Committee. House Status: 02/01/19 - Referred to House Safety & Funding Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10 and Title 55, Chapter 8, relative
to traffic safety. Cosponsors: Rep. Freeman, Bob; Position: Amend Comment: Needs to be amended to exempt utility workers like other emergency personnel are exempted in
current law. Similar to SB973, but this bill increases the fine to $100 and establishes a fine of $200 if a violation of the bill results in an accident.
SB210/HB172
Rural electric and community services cooperatives - board of directors.
Sponsors: Sen. Haile, Ferrell , Rep. Marsh, Pat Summary: Increases the amount of time members of a cooperative have to return ballots to elect directors of the
cooperative by mail from three to five business days. Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT Senate Status: 02/01/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/01/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 65, Chapter 25, relative to cooperatives. Cosponsors: Sen. Bowling, Janice; Rep. Carter, Mike; Rep. Whitson, Sam ; Position: Support - Oppose - Neutral - Neutral w/Amendment - Amend - Watch - None Comment: Caption bill filed by TECA to potentially address some issues in state law. SB264/HB156
Vandalism - destroying or interfering with pipeline or pumping station.
Sponsors: Sen. Niceley, Frank , Rep. Whitson, Sam Summary: Declares that it is a class E felony offense for anyone or any group to knowingly damage or destroy a
pipeline, pumping station, terminal, equipment, or facility that distributes, transports, stores, or pumps crude or refined petroleum products or natural gas.
Senate Status: 02/01/19 - Referred to Senate Judiciary Committee. House Status: 02/14/19 - Set for House Criminal Justice Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Section 39-14-411, relative to vandalism. Position: Amend Comment: Electric and railroad infrastructure are already in state law. This would add natural gas infrastructure.
Will seek to amend the bill to include water and wastewater infrastructure. SB308/HB377
Notice regarding utility bill round-up programs.
Sponsors: Sen. Lundberg, Jon , Rep. Boyd, Clark Summary: Requires utilities participating in utility bill round-up programs to provide notice to customers of
program and rights no later than November 1, 2019. Declares that new customers may be enrolled after January 1, 2020, with the consent of the customer.
Senate Status: 02/04/19 - Referred to Senate State & Local Government Committee. House Status: 02/06/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 45; Title 47, Chapter 18
and Title 65, relative to charitable donations. Position: Oppose, Amend
Prohibits use of cell phones while operating motor vehicles.
Sponsors: Sen. Briggs, Richard , Rep. Freeman, Bob Summary: Prohibits the use of wireless telecommunications devices while operating a motor vehicle, allows use
of earpiece, headphone device, or wrist device, authorizes law enforcement and emergency personnel to use wireless telecommunications devices in their official duties.
Senate Status: 02/06/19 - Referred to Senate Transportation & Safety Committee. House Status: 02/01/19 - Referred to House Safety & Funding Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3; Title 39; Title 55, Chapter 8 and
Title 65, relative to the operation of motor vehicles. Position: Amend Comment: Exempts “Employers or contractors of utility services providers acting within the scope of their
employment while responding to a utility emergency.” Needs to be amended to exempt utility personnel acting within the scope of their duties and not just during emergency situations.
SB480/HB617
Authorization for purchase of insurance without bidding.
Sponsors: Sen. Gardenhire, Todd , Rep. Kumar, Sabi Summary: Requires a governmental entity that purchases insurance through a plan authorized by an
organization of governmental entities representing cities and counties to undergo competitive bidding. Prohibits any such insurance plan from entering into confidential settlement agreements on behalf of a governmental entity.
Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 12 and Title 29,
Chapter 20, relative to local government. Position: Oppose Comment: This would require municipal electric utilities to bid out for insurance when currently they are allowed
to purchase insurance without a bidding process from DIC or TML related plans. SB481/HB901
Aggravated assault of utility employees as Class A misdemeanor.
Sponsors: Sen. Gardenhire, Todd , Rep. Jernigan, Darren Summary: Designates offense of knowingly committing aggravated assault of a utility employee as a Class A
misdemeanor and sets an enhanced maximum fine of $15,000. Senate Status: 02/07/19 - Referred to Senate Judiciary Committee. House Status: 02/15/19 - House sponsor changed from Hodges to Jernigan. Caption: AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 1 and Title 65, Chapter 35,
relative to employees of a utility. Position: Support, Amend Comment: Clarify when this would apply to utilities employees. SB484/HB530
Requires government entities utilize public bidding when purchasing insurance.
Sponsors: Sen. Gardenhire, Todd , Rep. Hill, Timothy Summary: Requires governmental entities utilize public bidding when purchasing insurance. Requires
governmental entities to make certain disclosures in the public bids. Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 29 and Title 56, relative
to insurance. Position: Oppose Comment: This would require municipal electric utilities to bid out for insurance when currently they are allowed
to purchase insurance without a bidding process from DIC or TML related plans.
Selling or sharing of electronically captured data by a utility.
Sponsors: Sen. Briggs, Richard , Rep. Ragan, John Summary: Prohibits a utility, utility district, utility service, or utility system from selling, sharing, or disclosing
information generated, provided, or otherwise collected from an advanced metering system or meter information network, including, but not limited to, information used to calculate charges for service, historical load data, or any other customer information, to a third party unless the information is aggregated in such a way so as not to identify individual customers or properties.
Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/14/19 - Set for House Utilities Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 65 and Title 68, relative
to electronically captured data. Position: Oppose Comment: As currently drafted, the bill only applies to utility districts, electric cooperatives, and investor owned
utilities, but the bill is likely intended to apply to all utilities. SB590/HB626
Record requests that constitute harassment.
Sponsors: Sen. Hensley, Joey , Rep. Lamberth, William Summary: If a person makes a request to view or copy a public record that constitutes harassment, authorizes
the records custodian charged with fulfilling the request to petition a court of competent jurisdiction for an order to enjoin the person from making records requests and recover fees and costs.
Senate Status: 02/07/19 - Referred to Senate Judiciary Committee. House Status: 02/11/19 - Referred to House Civil Justice Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5 and Title 29, relative to
public records requests. Cosponsors: Rep. Garrett, Johnny ; Rep. White, Mark; Position: Support Comment: The bill defines harassment as 3 or more public records requests in a year 1) That are made in a
manner that would cause a reasonable person, including a records custodian or any staff of the public entity in control of the public records, to be seriously abused, intimidated, threatened, or harassed; 2) For which the conduct in fact seriously abuses, intimidates, threatens, or harasses the person; and 3) That are not made in good faith or for any legitimate purpose, or are made maliciously.
SB600/HB635
Electronic bidding by local governments.
Sponsors: Sen. Jackson, Ed , Rep. Travis, Ron Summary: Requires local governments to provide a secure electronic interactive system as an additional
option to satisfy any requirement for mailing for invitations to bid, requests for proposals, and other offers electronically. Also requires local governments to provide the option for vendors to submit bids, proposals, and other offers electronically. Exempts local governments that are currently without access to high-speed internet or a computer from these requirements until such time that access to high-speed internet or a computer becomes available.
Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 4, Part 1, relative to electronic
Facilitating Business Rapid Response to State Declared Disaster Act.
Sponsors: Sen. Watson, Bo , Rep. Hazlewood, Patsy Summary: Establishes taxes and fees to be paid by responding out-of-state businesses and protections for
out-of-state businesses and their employees. Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Department & Agencies Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 58; Title 62; Title 67 and Title 68, relative to
taxation, registration, and licensing of critical infrastructure companies and their employees responding to disaster or emergency.
Cosponsors: Rep. Camper, Karen; Rep. Carr, Dale; Rep. Deberry Jr., John; Sen. Dickerson, Steven; Rep. Hill, Timothy; Rep. Holt, Andy; Rep. Lynn, Susan; Rep. Marsh, Pat; Rep. Powell, Jason; Sen. Reeves, Shane; Rep. Shaw, Johnny; Sen. White, Dawn; Rep. Wright, Dave; Sen. Yager, Ken;
Position: Support Comment: Filed at the request of AT&T. A version of this bill has passed in 20 other states. SB950/HB1188
No Credit Check in Employment Act.
Sponsors: Sen. Kyle, Sara , Rep. Chism, Jesse Summary: Prohibits the employer use of or procurement of cause credit checks for job applicants or current
employees, aside from jobs that require national security or FDIC clearance, executive and managerial positions at financial institutions, or employment positions with state or local agencies that require use of consumer reports.
Senate Status: 02/11/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/13/19 - Referred to House Employee Affairs Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 8 and Title 50, relative to the use of
credit information. Position: Amend Comment: Exempts “when the employee or job applicant applies for, or currently holds, employment with a
state or local government agency which otherwise requires use of a consumer report.” Bill needs to be amended to broaden exemption for utility employees.
SB973/HB44
Use of hand-held cell phones prohibited while operating a motor vehicle.
Sponsors: Sen. Jackson, Ed , Rep. Hazlewood, Patsy Summary: Prohibits talking on a hand-held mobile phone on any road or highway in the state while the vehicle
is in motion. Current law only applies to talking on such devices while driving within a marked school zone.
Senate Status: 02/11/19 - Referred to Senate Transportation & Safety Committee. House Status: 01/22/19 - Referred to House Safety & Funding Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 8, relative to the use of certain
electronic communication devices while operating a motor vehicle. Position: Amend Comment: Needs to be amended to exempt utility workers like other emergency personnel are exempted in
current law. Similar to SB173, except this bill keeps the fine at $50.
Removes discontinuance of service requirements - Nashville/Davidson County.
Sponsors: Sen. Dickerson, Steven , Rep. Marsh, Pat Summary: Removes certain service discontinuance requirements of utilities in Nashville and Davidson
County. Requires such utilities establish policies in compliance with service practice standards and best practices for similarly situated utilities. Broadly captioned.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/14/19 - Set for House Utilities Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 52 and Title 65, Chapter 32,
relative to public utilities. Position: Support Comment: Bill would allow NES to have cutoff procedures similar to other municipal utilities and remove from
statute cutoff procedure specific to utilities in Davidson County. SB1114/HB1120
Creates the state government advisory task force on community resilience.
Sponsors: Sen. Yarbro, Jeff , Rep. Freeman, Bob Summary: Creates the state government advisory task force on extreme weather and community resilience
consisting of 24 members. Requires the task force to assess the historical, present, and projected occurrence of natural catastrophes and extreme weather events in this state and to examine present and projected losses associated with the occurrence of extreme weather events and other natural catastrophes in this state. Also requirs the task force to develop recommendations to address vulnerabilities and adverse impacts associated with the occurrence of extreme weather events and other natural catastrophes in this state. Requires the task force to develop recommendations to increase resilience to extreme weather events and other natural catastrophes in this state.
Senate Status: 02/11/19 - Referred to Senate Government Operations Committee. House Status: 02/13/19 - Referred to House Department & Agencies Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4 and Title 68, relative to the state
government advisory task force on community resilience. Position: Support Comment: The only electric utility representative on the task force is from TVA. Needs to be amended to
include representative from LPC(s). SB1190/HB295
Certification for electrical inspects contracted by local or state government.
Sponsors: Sen. White, Dawn , Rep. Carr, Dale Summary: Requires electrical inspectors employed by a local or state government to be certified by the state
fire marshal and for this certification to be completed every three years. Declares that certain electrical inspectors contracted under the commissioner of commerce and insurance to be certified on and after January 1, 2020.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/14/19 - Set for House Business Subcommittee 02/19/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 68, relative to electrical inspectors. Cosponsors: Rep. Farmer, Andrew; Position: Support Comment: Would be certified in a similar way that plumbing inspectors or mechanical inspectors are
Sponsors: Sen. Gresham, Dolores , Rep. Gant, Ron Summary: Allows a local government entity to publish any legal notice on their website. Permits a
government entity to procure the publication by giving notice of the internet address either by newspaper, radio, or television. Requires the electronically published legal notice to be posted for the same amount of time as a publishing in the newspaper.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3 and Title 8, Chapter 21, relative
to notice. Position: Support SB1265/HB1200
Municipal natural gas utilities funding chambers of commerce and economic and community organizations.
Sponsors: Sen. Gresham, Dolores , Rep. Gant, Ron Summary: Limits a natural gas utility system that is operating in a county having a population of less than
336,400 according to the 2010 federal census and that is devoting revenues derived from the system to funding chambers of commerce and economic and community organizations in accordance with an ordinance or resolution adopted by the governing body of the municipality to only make contributions from its enterprise revenues.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/13/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 34, relative to the disposition of
revenue from a natural gas utility system owned by a municipality. Position: Watch Comment: Amends legislation passed in 2018 that allowed municipal natural gas utilities to do this. SB1298/HB1322
Operation of vehicles on approach of emergency vehicles.
Sponsors: Sen. Pody, Mark , Rep. Eldridge, Rick Summary: Increases fines for failing to operate vehicles according to law when coming upon certain
emergency vehicles. Broadly captioned. Senate Status: 02/11/19 - Referred to Senate Transportation & Safety Committee. House Status: 02/13/19 - Referred to House Safety & Funding Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 55, relative to emergency vehicles. Position: Support Comment: Would increase fines for violating the "Move Over" law.
Utilities to provide insurance and protection against damages in respect to providing water, sewer, or natural gas services.
Sponsors: Sen. Yager, Ken , Rep. Marsh, Pat Summary: Declares that any municipal utility system providing water, sewer, or natural gas services has the
power to enter into agreements with companies to provide said services protection, insurance, or service agreements to their customers for damage protection. Allows these utilities to assist customers in installing or maintaining certain equipment; authorizes the costs for the coverage, insurance, service agreements, and equipment installation and maintenance to be added to customer bills or statements.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 34; Title 7, Chapter 36; Title 7,
Chapter 52, Part 1 and Title 7, Chapter 82, Part 3, relative to utility services. Position: Support Priority: 1 - Top-tier Comment: TMEPA and TAUD’s bill to make clear municipal water and natural gas utilities and water and
natural gas utilities can include utility line insurance on a customer’s bill. Also makes clear municipal electric utilities can add electric utility related equipment to a customer’s bill.
Broadband Bills SB79/HB130
Municipal electric plant to provide internet outside its service area.
Sponsors: Sen. Kurita, Rosalind , Rep. Reedy, Jay Summary: Authorizes municipal electric plants to provide internet and other services outside its service area.
Broadly captioned. Senate Status: 02/14/19 - Set for Senate Commerce & Labor Committee 02/19/19. House Status: 01/30/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 7 and Title 65, relative to municipal
electric plants. Cosponsors: Rep. Hodges, Jason; Position: Support, Amend Comment: The bill attempts to allow municipal broadband expansion, but it has several drafting errors that need
correcting. The bill does not have a good neighbor provision. An amendment has been written to correct drafting errors and include the good neighbor provision.
SB489/HB821
Providing of broadband internet by municipalities.
Sponsors: Sen. Bowling, Janice , Rep. Rudder, Iris Summary: Authorizes each municipality operating an electric plant to have the ability to provide
telecommunication and broadband services, either on its own or by joint ventures, within the electric plant’s service area. Defines a broadband service as one with wireline access to the internet of speeds at least 25 Mbps, download transmission at 25 Mbps, and upload transmission at 25 Mbps.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 6; Title 7; Title 10; Title 65; Title 67 and
Title 68, relative to broadband fiber services. Position: Support, Amend Comment: Does not have a good neighbor provision.
Specifies that applicants for state-issued certificates of authority satisfy requirements if they provide 1,000 customers fiber-to-the-premises.
Sponsors: Sen. Bowling, Janice , Rep. Rudder, Iris Summary: Specifies that an applicants for state-issued certificates of authority shall be deemed by the
regulatory authority to have satisfied all of the requirements necessary for approval of a state-issued certificate of franchise authority if the applicant has provided fiber-to-the-premises to at least 1,000 customers for a period of at least one year prior to the application.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 10; Title 65; Title
67 and Title 68, relative to communications service. Position: Support, Amend Comment: Would allow municipal broadband providers and electric cooperative broadband providers to apply.
Cannot overbuild existing FTTP infrastructure. Does not have a good neighbor provision. SB494/HB819
Requires additional authorization to provide internet outside a service area.
Sponsors: Sen. Bowling, Janice , Rep. Rudder, Iris Summary: Requires the municipal electric system to obtain the written consent of each electric cooperative,
municipal electric system, or telephone cooperative in whose territory the system will provide broadband, internet, and related services.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 52, relative to additional
authorization to provide broadband, internet, and related services. Position: Support Comment: Nearly identical language to legislation previously filed by TMEPA. SB969/HB1060
Tennessee Neutrality and Internet Consumer Protection Act.
Sponsors: Sen. Robinson, Katrina , Rep. Clemmons, John Summary: Declares practices that an internet service provider cannot engage in, including blocking lawful
content, applications, services, or nonharmful devices, engaging in deceptive or misleading marketing practices that misrepresent the treatment of internet traffic or content to a customer, and unreasonably interfering with a customer's ability to select, access, and use broadband internet access service or lawful internet content, applications, services, or devices of the customer's choice. Establishes that a person engaged in broadband internet access service in Tennessee must publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services. Declares that no state or local government entity can contract with an internet service provider unless it is in compliance with the new rule. Establishes that a violation of the performance of the contract will result in a probation of one year where no contracting or submission may be completed, with an appeal process determined by the chief procurement officer. Authorizes the commission to issue an order imposing a civil penalty up to a maximum of $2,000 for the each day of violation. Creates the internet consumer access fund.
Senate Status: 02/11/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/13/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 10; Title 12; Title
65; Title 67 and Title 68, relative to internet neutrality. Position: Amend Comment: Put in place restrictions on internet providers prohibiting them from throttling or limiting content,
commonly known as net neutrality. Prohibits local governments from contracting with an internet provider that violates the bill.
Persons unable to connect to the public sewer system due to moratorium.
Sponsors: Sen. Gardenhire, Todd , Rep. Hazlewood, Patsy Summary: Requires the commissioner of environment and conservation to issue a permit for the installation of
a subsurface sewage disposal system to any person unable to connect to the public sewer system from a moratorium. Requires the permit holder to discontinue service to the subsurface sewage disposal system and connect to the public sewer system within 90 days of the moratorium being lifted.
Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT Senate Status: 02/13/19 - Senate Energy, Agriculture & Natural Resources Committee deferred to 02/27/19. House Status: 02/12/19 - Taken off notice in House Agriculture & Natural Resources Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 221, Part 4, relative to sewer
moratoriums. Position: Oppose SB430/HB202
Specifies the submission of an online utility training certification.
Sponsors: Sen. Bell, Mike , Rep. Vaughan, Kevin Summary: Requires the online training or education provider to provide an online utility training certification to
the municipal utility board commissioner who will then submit it to the municipality. Orders each municipality to keep the certification for six years after the calendar year of submission.
Fiscal Note: (Dated February 6, 2019) NOT SIGNIFICANT Senate Status: 02/14/19 - Set for Senate State & Local Government Committee 02/19/19. House Status: 02/13/19 - House Utilities Subcommittee recommended. Sent to full committee. Caption: AN ACT to amend Tennessee Code Annotated, Section 7- 34-115, relative to online utility training
certification. Position: Support SB532/HB604
Determines procedure for purchase of selling utilities.
Sponsors: Sen. Briggs, Richard , Rep. Marsh, Pat Summary: Allows acquiring and selling public utilities establish the rate making base by determining fair
market value. This determination will be made by two appraisers, one of which will be hired by the seller and the other by the acquiring public utility, the lesser of the fair market values constitutes the rate base associated with the selling utility by incorporating it into the rate base of the current tariff district designated by the acquiring public utility. The utilities commission shall accept the acquiring public utility's district or tariff group recommendation, unless the recommendation is determined to be contrary to the public interest. Any post-acquisition improvements made by the acquiring public utility to the selling utility must accrue cost for financing set at the acquiring public utility determined rate for allowance for funds used during construction, inclusive of debt, equity, and income tax gross up components, after the date on which the expenditure was made by the acquiring public utility until the investment has been placed in service and new rates or surcharges are implemented by the acquiring public utility.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 65, relative to public utilities. Position: Oppose Comment: Bill is for an invested owned utility to purchase a municipal water or wastewater utility or authority
Allows reelection eligibility for utility district commissioners who meet training requirements.
Sponsors: Sen. Southerland, Steve , Rep. Eldridge, Rick Summary: Allows eligibility for reappointment or reelection for utility district commissioners who failed to meet
certain training requirements if those requirements are completed and if the utility district is not responsible for paying for any expenses incurred to complete the requirements.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/06/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7 and Title 68, relative to continuing education
and training requirements. Position: Amend Comment: Only applies for utility districts. Should be amended to include municipal water utility boards if it
moves forward. SB1460/HB634
Taxation of water used in a farming operation.
Sponsors: Sen. Bailey, Paul , Rep. Halford, Curtis Summary: Exempts water furnished by a utility district and used exclusively in a farming operation from sales
and use tax. Senate Status: 02/11/19 - Referred to Senate Finance, Ways & Means Committee. House Status: 02/11/19 - Referred to House Finance, Ways & Means Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 67, relative to taxation of water used in a
farming operation. Position: Amend Comment: Only applies for water from a utility district. Should this be amended to include water from a
Increases penalty for unauthorized drone use over critical infrastructure facilities.
Sponsors: Sen. Lundberg, Jon , Rep. Hulsey, Bud Summary: Increases the penalty for using drones over critical infrastructure facilities without the business
operator's consent to a Class E felony. Fiscal Note: (Dated February 14, 2019) NOT SIGNIFICANT Senate Status: 02/14/19 - Set for Senate Judiciary Committee 02/19/19. House Status: 02/05/19 - Referred to House Criminal Justice Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 39, relative to unmanned aircraft. Comment: Possibly a caption bill. ECONOMIC DEVELOPMENT SB513/HB1265
Fair Accountability and Clarity in Tax Subsidies Act.
Sponsors: Sen. Roberts, Kerry , Rep. Holt, Andy Summary: Enacts the "Fair Accountability and Clarity in Tax Subsidies Act" or "FACT Act." Adds failure to add
100 percent of committed jobs or submit the annual and baseline reports, as applicable to conditions where persons or entities fail to fulfill their commitments. Permits department of economic and community development authority to access any relevant information and records, confidential or otherwise, of any agency unless the department is denied such access by federal law or explicitly named and denied such access by state law to ensure veracity of certain reports. Provides for accommodations between the state and the agency for denials of record access. Requires qualified business enterprises claiming certain tax credits to file a report with the commissioner for the tax year containing information on the number of full time employees and the incremental amount of qualified investment made in the report year. Requires the commissioner report to the speakers of the senate and the house of representatives aggregate data on the location by city or county, employment levels, and qualified investment amounts of qualified business enterprises for each year and any revenue loss during the report year as a result of each qualified business enterprise claiming the listed credits.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/13/19 - Referred to House Business Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4 and Title 67, relative to economic
Increases threshold for local government purchases requiring public advertisement and sealed bids.
Sponsors: Sen. Yager, Ken , Rep. Calfee, Kent Summary: Authorizes a county, municipality, utility district or LEA with a centralized purchasing authority to
increase the threshold, from $25,000 to $50,000, over which public advertisement and sealed competitive bids are required. Decreases the number of purchase orders, from three to two, that must be retained by a county after a purchase order or contract is issued or executed.
Fiscal Note: (Dated February 8, 2019) Decrease Local Expenditures Exceeds $2,900 Senate Status: 02/12/19 - Senate State & Local Government Committee recommended. Sent to Senate Calendar
Committee. House Status: 02/13/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Section 5- 14-111 and Section 12-3-1212, relative
to purchasing. SB981/HB1103
Procurement of public contracts for legal services.
Sponsors: Sen. Kelsey, Brian , Rep. Daniel, Martin Summary: Establishes the Public Contracts for Legal Services Act. Requires political subdivisions to award
contracts on the basis of demonstrated competence, qualifications, and experience to perform the services sought for a fair price rather than on the basis of competitive bid. Allows a political subdivision to enter into a contingent fee contract for legal services if the governing body abides by certain criteria. Final execution of a contract requires submission to the attorney general and reporter with a description of the matter, interest of other governmental entities, and a copy of the notice. The attorney general may refuse the political subdivision's request under specific findings and can take up 90 days to approve or disapprove the contract.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/13/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 4, relative to procurement of
public contracts for professional services. GOVERNMENT ORGANIZATION SB116/HB448
Sponsors: Sen. Roberts, Kerry , Rep. Daniel, Martin Summary: Extends the underground utility damage enforcement board to June 30, 2021. Requires the division
of state audit within the office of the comptroller of the treasury to conduct a timely study on the allocation of employees from the Tennessee Public Utilities Commission and report the results to the chair of the government operations committee in the senate and the house.
Fiscal Note: (Dated January 31, 2019) NOT SIGNIFICANT Senate Status: 01/30/19 - Referred to Senate Government Operations Committee. House Status: 02/06/19 - Referred to House Government Operations Committee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 65, Chapter 31,
relative to the underground utility damage enforcement board.
Sponsors: Sen. Roberts, Kerry , Rep. Daniel, Martin Summary: Extends the state energy policy council to June 30, 2020. Fiscal Note: (Dated January 26, 2019) NOT SIGNIFICANT Senate Status: 01/30/19 - Referred to Senate Government Operations Committee. House Status: 02/06/19 - Referred to House Government Operations Committee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 68, Chapter 204,
relative to the state energy policy council. SB144/HB476
Sunset - energy efficient schools council.
Sponsors: Sen. Roberts, Kerry , Rep. Daniel, Martin Summary: Extends the energy efficient schools council to June 30, 2023. Requires the council and the
department of education to appear before sunset review committee in 2019 to discuss progress made in addressing findings in its 2018 audit.
Fiscal Note: (Dated January 26, 2019) NOT SIGNIFICANT Senate Status: 01/30/19 - Referred to Senate Government Operations Committee. House Status: 02/06/19 - Referred to House Government Operations Committee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 49, Chapter 17, relative
to the energy efficient schools council. GOVERNMENT REGULATION SB434/HB223
Notification of a state agency releasing public records.
Sponsors: Sen. Bell, Mike , Rep. Faison, Jeremy Summary: Increases the time of notification to a recipient of records from a county assessor when a state
agency releases public records from 10 to 15 days. Broadly captioned. Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT Senate Status: 02/06/19 - Referred to Senate State & Local Government Committee. House Status: 01/31/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8 and Title 10,
Chapter 7, relative to public records. Position: Support - Oppose - Neutral - Neutral w/Amendment - Amend - Watch - None Comment: Currently a caption bill. We’ve heard it’s likely to be amended to amend state law to say a
government entity or public records holder cannot ban a person from taking a photo of a public record while they are inspecting it.
SB1008/HB54
Requires baby changing station in new buildings.
Sponsors: Sen. Gilmore, Brenda , Rep. Potts, Jason Summary: Adds at least one baby diaper changing station that is accessible to both men and women for new
public bathrooms in any public building that is owned or operated by a public entity. Requires baby diaper changing station have signage and be maintained. The station is not required if the inspector finds installation not feasible or interrupting building standards for persons with disability. Broadly captioned.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 01/22/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 12, Chapter 2;
Title 13 and Title 68, relative to diaper changing stations in buildings accessible to the public. HJR143
Prohibition against monopolies in Tennessee.
Sponsors: Rep. Miller, Larry Summary: Recognizes and emphasizes prohibition against monopolies in Tennessee. House Status: 02/13/19 - Referred to House Business Subcommittee.
Sponsors: Sen. Yarbro, Jeff , Rep. Jernigan, Darren Summary: Permits an attorney for a county, municipal, or metropolitan government to seek an injunction against
a person who commits harassment against an employee of the county, municipal, or metropolitan government. Specifies that the injunction may be sought in any court of competent jurisdiction having the power to grant injunctions.
Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT Senate Status: 02/14/19 - Set for Senate State & Local Government Committee 02/19/19. House Status: 02/14/19 - Set for House Local Committee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 49 and Title 50,
relative to harassment of government employees. SB647/HB514
Tennessee State Family Leave Act.
Sponsors: Sen. Kyle, Sara , Rep. Johnson, Gloria Summary: Establishes that family and medial leave insurance benefits are payable to a covered individual who
meets one of the requirements of birth, adoption, or placement through foster care, or a serious health concern. Establishes maximum number of weeks family and medical leave insurance benefits are payable. Defines benefit time frame and costs associated. Establishes that the state treasury shall create a fund to benefit the family and medical leave program. Establishes the application for receiving benefit and legality in cases of fraud or tampering from an employer. Declares that the act will go into effect on January 1, 2020. (pp 13)
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/11/19 - Referred to House Employee Affairs Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21; Title 10, Chapter 7, Part 5 and
Title 50, relative to family and medical leave insurance benefits. SB758/HB986
Tennessee Pregnant Workers Fairness Act.
Sponsors: Sen. Yarbro, Jeff , Rep. Shaw, Johnny Summary: Defines reasonable accommodations in respect to employees who are pregnant. Declares that an
employer is not required to construct a permanent, dedicated space for pressing milk. Establishes what an employer is not required to do unless the same accommodations are made for other employees including creating a light duty position and compensate an employee for more frequent or longer break periods. Declares it to be discriminatory based on sex for an employer to fail to make reasonable accommodations for pregnant employees, require an employee to take leave if a reasonable accommodation can be made, and take adverse action against an employee for requesting reasonable accommodations.
Senate Status: 02/07/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/13/19 - Referred to House Employee Affairs Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4 and Title 50, relative to the Tennessee
Prohibits sexual harassment against contract employees.
Sponsors: Sen. Gilmore, Brenda , Rep. Johnson, Gloria Summary: Establishes that harassment of an employee, applicant, or person providing a service pursuant to
a contract based on sex to be a discriminatory practice. Defines employer as a person regularly employing one or more individuals or receiving services of pursuant to a contract, an agent of an employer, an employee in a supervising or managing position, and includes state, county, metropolitan governments, municipal governments, or agencies.
Fiscal Note: (Dated February 12, 2019) NOT SIGNIFICANT Senate Status: 02/11/19 - Referred to Senate Commerce & Labor Committee. House Status: 01/30/19 - Referred to House Employee Affairs Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4 and Title 50, relative to sexual
harassment. Cosponsors: Rep. Clemmons, John; Sen. Yarbro, Jeff; SB1165/HB1239
Hiring workers who lack work authorization status.
Sponsors: Sen. Hensley, Joey , Rep. Griffey, Bruce Summary: Prohibits governmental entities from contracting with people who will not provide proof of work
authorization status for those to receive public money. Requires private employers with at least six employees and governmental entities to verify the work authorization status of employees hired after December 31, 2019. Broadly captioned.
Senate Status: 02/11/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/13/19 - Referred to House Employee Affairs Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 12 and
Title 50, relative to employment. Position: Support - Oppose - Neutral - Neutral w/Amendment - Amend - Watch - None LOCAL GOVERNMENT SB557/HB1089
Property owners of proposed annexed territories can vote in the annexation referendum.
Sponsors: Sen. Johnson, Jack , Rep. Whitson, Sam Summary: Specifies that all property owners, rather than just residents, of a territory proposed for annexation
may vote in the annexation referendum. Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/13/19 - Referred to House Property & Planning Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 6, Chapter 51, Part 1, relative to annexation. SB607/HB414
Requires data on county and city purchases with women and minority businesses.
Sponsors: Sen. Robinson, Katrina , Rep. Lamar, London Summary: Requires each county and city to compile data on purchases from and contracts with businesses
owned by women and by minorities. Orders data must be available to the public upon request during regular business hours.
Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/06/19 - Referred to House Cities & Counties Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 3 and Title 12, Chapter 4,
Email communication policy of state or state agency to be posted on website of entity.
Sponsors: Sen. Gardenhire, Todd , Rep. Zachary, Jason Summary: Requires the electronic mail communications policy of the state or any agency, institution, or
political subdivision of the state to be posted on the website of the entity. Fiscal Note: (Dated January 31, 2019) NOT SIGNIFICANT Senate Status: 02/01/19 - Referred to Senate State & Local Government Committee. House Status: 01/28/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 3; Title 4; Title 8, Chapter 4, Part 6 and Title
10, Chapter 7, relative to public records. Comment: Likely a caption bill. SB478/HB665
Prohibits government from entering confidentially agreements on public records.
Sponsors: Sen. Gardenhire, Todd , Rep. Faison, Jeremy Summary: Prohibits governmental entities from entering into confidentiality agreements with regard to public
records. Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, relative to public records. SB1292/HB370
Requires government payments to private entities not be kept confidential.
Sponsors: Sen. Pody, Mark , Rep. Daniel, Martin Summary: Prohibits government payments, fees, and other forms of financial benefits paid or bestowed, or
agreed to be paid or bestowed, to a private entity from being deemed confidential trade secret, proprietary information, or confidential business information unless the transaction or proposed transaction falls under a specific exception as prescribed by state or federal law.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/06/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Section 10-7-504, relative to public records.
Orders daylight savings time as the standard time of the state.
Sponsors: Sen. Dickerson, Steven , Rep. Tillis, Rick Summary: Requires daylight savings time as the standard time of the state. Specifies the new time will go into
effect on the first Sunday of November after the United States Congress repeals or amends current law to authorize states to observe daylight saving time year-round. Orders the commissioner of transportation to monitor and certify in writing to the executive secretary of the Tennessee code commission the date of the changed legislation.
Fiscal Note: (Dated February 7, 2019) NOT SIGNIFICANT Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/14/19 - Set for House Department & Agencies Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Section 4- 1-401, relative to daylight saving time. Cosponsors: Rep. Lamberth, William; Rep. Sherrell, Paul; Rep. Vaughan, Kevin; PROPERTY & HOUSING SB355/HB327
Revises requirements on brownfield redevelopment projects.
Sponsors: Sen. Gardenhire, Todd , Rep. Howell, Dan Summary: Requires brownfield redevelopment projects be located in mid-size and small counties, clarifies
square footage qualifications, and prohibits allocations to the corporation engaged in the projects longer than 30 years.
Senate Status: 02/14/19 - Set for Senate State & Local Government Committee 02/19/19. House Status: 02/05/19 - Referred to House Property & Planning Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 53, relative to brownfield sites. PUBLIC EMPLOYEES SB57/HB978
Public employment by women with pregnancy-related conditions.
Sponsors: Sen. Gilmore, Brenda , Rep. Cooper, Barbara Summary: Prohibits public employers from discriminating against employees with pregnancy-related
conditions, defined as taking adverse action, denying employment opportunities, or requiring employees to take leave. Employers are granted exceptions if providing accommodations for these conditions would result in undue hardship. The human rights commission is charged with developing courses to inform employers, employees, and applicants of their rights and responsibilities, and with hearing complaints from those claiming to be aggrieved by these prohibited discriminatory practices.
Fiscal Note: (Dated January 29, 2019) NOT SIGNIFICANT Senate Status: 01/30/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 4 and Title 8, relative to public employment by
women with pregnancy-related conditions. SB1314
Reducing the post-employment benefits of retired employees.
Sponsors: Sen. Kyle, Sara , Summary: Prohibits local governments from reducing post-employment benefits of retired employees without
written consent. Prohibits local governments from raising premiums for such benefit plans at a rate exceeding the average annual rate of inflation. Broadly captioned.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. Caption: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 9 and Title 56,
Sponsors: Sen. Yager, Ken , Rep. Weaver, Terri Summary: Grants a retirement allowance to surviving spouses who are designated beneficiaries if the
deceased TCRS member is vested. Senate Status: 02/11/19 - Referred to Senate Finance, Ways & Means Committee. House Status: 02/13/19 - Referred to House Public Service & Employee Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Section 8- 36-109, relative to death benefits in
the Tennessee consolidated retirement system. Position: Support - Oppose - Neutral - Neutral w/Amendment - Amend - Watch - None TAXES GENERAL SB1458/HB605
Study of tax laws.
Sponsors: Sen. Bailey, Paul , Rep. Tillis, Rick Summary: Requires the commissioner of revenue to make a thorough study and investigation of the tax laws
of other states. Broadly captioned. Senate Status: 02/11/19 - Referred to Senate Finance, Ways & Means Committee. House Status: 02/07/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 4; Title 65 and Title 67, relative to taxes. Cosponsors: Sen. Bowling, Janice; Rep. Carter, Mike; Rep. Whitson, Sam ; Comment: A caption bill. Intended to deal with issues surrounding the Tennessee Department of Revenue's
recent decision to levy sales and use tax against the installation of fiber optic cable by some Tennessee telephone cooperatives. Specific language has not yet been drafted, but there will be impacts to electric cooperative deployment of fiber - specifically if done by contractors or by a wholly-owned subsidiary.
TAXES PROPERTY SB1365/HB1356
Tax relief for certain disaster claimants.
Sponsors: Sen. Yager, Ken , Rep. Calfee, Kent Summary: Requires any owner who filed a claim against the Tennessee Valley Authority (TVA) for the coal
ash spill occurring between December 1, 2008 and January 1, 2009 to not be subject to the typical penalty or interest of delinquent taxes on property. Orders instead that only interest from the delinquency date of the respective tax year at the composite prime rate published by the federal reserve board, minus two points will be implemented.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/13/19 - Referred to House Property & Planning Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, relative to tax relief for certain
disaster claimants. Cosponsors: Sen. Swann, Art; Comment: Specifies that delinquent taxes on property for which the owner filed an action or claim against the
Tennessee Valley Authority arising out of a coal ash spill will not be subject to the penalty and interest provisions and would only accrue interest from the delinquency date of the respective tax year at the composite prime rate published by the federal reserve board as of the delinquency date, minus two points.
Settlement agreements - claim of sexual harassment.
Sponsors: Sen. Gresham, Dolores , Rep. Beck, Bill Summary: Declares settlement agreement provisions that have purpose or effect of concealing details
relating to claim of sexual harassment or sexual assault as void and unenforceable and contrary to public policy of this state if settlement agreement is entered into by governmental entity. Specifies that identifying information concerning a person who is a victim of sexual harassment or sexual assault is confidential until such person authorizes the disclosure of the information.
Senate Status: 02/11/19 - Referred to Senate Judiciary Committee. House Status: 02/14/19 - Set for House Civil Justice Subcommittee 02/19/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 20 and Title 29, relative to settlement
agreements. UTILITIES SB426/HB376
Costs related to replacement of or upgrades to usage measurement devices.
Sponsors: Sen. Gardenhire, Todd , Rep. Boyd, Clark Summary: Authorizes a public utility to request and the Tennessee Public Utility Commission to authorize a
mechanism to recover the operational expenses, capital costs, or both, related to replacement of or upgrades to usage measurement devices if found by the commission to be in the public interest. Broadly captioned.
Fiscal Note: (Dated February 12, 2019) NOT SIGNIFICANT Senate Status: 02/06/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/14/19 - Set for House Utilities Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 65, relative to utilities. Cosponsors: Rep. Marsh, Pat; SB730/HB1362
Removes ability for electric light and power corporations to sell ice.
Sponsors: Sen. Briggs, Richard , Rep. Calfee, Kent Summary: Removes the ability for electric light and power corporations to sell ice. Senate Status: 02/07/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 34; Title 7, Chapter 36; Title 7,
Chapter 52 and Title 65, relative to utilities. Comment: Caption filed at the request of TMEPA. SB1168/HB1241
Removes prohibitions on gifts - Tennessee public utility commission.
Sponsors: Sen. Swann, Art , Rep. Marsh, Pat Summary: Removes certain prohibitions concerning gifts made by public utility commissioners that are
different from other applicable gift prohibitions found in law. Senate Status: 02/11/19 - Referred to Senate Commerce & Labor Committee. House Status: 02/14/19 - Set for House Utilities Subcommittee 02/20/19. Caption: AN ACT to amend Tennessee Code Annotated, Title 3 and Section 65-1-107, relative to ethics. Comment: This bill removes an older ethics statute specifical to the PUC, so the effect would be the PUC
would fall under the overall Tennessee ethics laws already in place for state officials.
Deposit as a precondition of providing utility service.
Sponsors: Sen. Gresham, Dolores , Rep. Gant, Ron Summary: Prohibits a public utility from charging a deposit as a precondition of providing utility service to
persons who have been customers for at least five years with accounts in good standing for at least five years.
Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/07/19 - Caption bill held on House clerk's desk. Caption: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7 and Title 65, relative to public
utilities. Comment: Prohibits a public utility from charging a deposit as a precondition of providing utility service to
persons who have been customers for at least five years and whose accounts have been in good standing for at least five years. Likely a caption bill. As drafted, it only applies to invested owned utilities.
SB1254/HB956
Deposits required by public utilities.
Sponsors: Sen. Gresham, Dolores , Rep. Gant, Ron Summary: Orders a public utility to not require any government to make a deposit as a precondition to
providing a utility service to a governmental entity. Senate Status: 02/11/19 - Referred to Senate State & Local Government Committee. House Status: 02/11/19 - Referred to House Utilities Subcommittee. Caption: AN ACT to amend Tennessee Code Annotated, Title 7 and Title 65, relative to deposits required by
public utilities. Comment: Prohibits public utilities from requiring governmental entities to pay a deposit as a precondition for
service. Likely a caption bill. As drafted, it only applies to invested owned utilities. SJR192
Committee meetings of the Tennessee Valley Authority Board of Directors to be open to the public.
Sponsors: Sen. Yager, Ken , Summary: Expresses support for the enactment of legislation that requires all board committee meetings of
the Tennessee Valley Authority Board of Directors to be open to the public. Senate Status: 02/12/19 - Filed for Introduction
