Tennessee Chamber 2014 General Assembly

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Tennessee Chamber of Commerce & Industry

2014 General Assembly Outcomes

“Growth in business investment correlates

directly with growth in jobs. Congratulations

to the Tennessee Chamber of Commerce &

Industry for its strong focus on both.”

Frederick W. Smith, founder, chairman, president and CEO of FedEx

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Now that the 108th General

Assembly has come to a close and

the dust has settled, it is now time

to review all business related leg-

islation from 2013 and 2014 and

look at how the Chamber and

business community fared. Over-

all, the 108th General Assembly

produced strong results for busi-

ness and we are proud to share our

accomplishments.

In the following pages, you will

see a comprehensive listing of all

bills the Chamber worked on cat-

egorized by issue, the Chamber

position and the outcome of the

bill. We hope you will take time

to review our key vote analysis,

which shows how our legislature

performed on a number of im-

portant business agenda items. In

addition, we highlight the most

important races to watch over the

summer and fall.

For the 108th, we were able to pass

comprehensive workers’ compen-

sation reform and unemployment

reforms that ensure our fund sol-

vency. We continue to remain on

a strong path for education re-

form that includes accountability

measures and the enactment of

groundbreaking workforce ini-

tiatives and improvements in our

overall business climate. The

Chamber along with pro-busi-

ness legislators, was also able to

beat back negative legislation that

would have harmed our business

climate.

As always, the Chamber’s success

and Tennessee’s economic success

is contingent on your engagement

and participation in our political

process. We know that because

of your engagement, the Chamber

and business community remain a

powerful force in Tennessee poli-

tics.

We hope you will find the legis-

lative summary useful and please

do not hesitate to contact us here

at the Chamber at 615-256-5141 if

we can answer any questions.

Visit www.tnchamber.org for

more information.

2013-2014 Tennessee General Assembly Produces Positive Results for Tennessee Chamber of Commerce & Industry

By Bradley Jackson

“As a manufacturing company, having

the Tennessee Chamber of Commerce &

Industry as an advocate for our man-

ufacturing interests at the state level is

critical. ”

Larry Denbrock, president of Assa Abloy Door Group

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Speaker Beth Harwell + + + + + + NV + + + + + + + + +Akbari, Ramuesh – – + + NV – + + + PNV +Alexander, David + + + – + + – + + – + – + + + NVArmstrong, Joe E. NV – + + + – – + + NV – + + + + +Bailey, Paul + – PNV + + + + + + NV +Brooks, Harry + + + + + + – + + – + NV + + + + + +Brooks, Kevin + NV + + + + – NV NV NV + + + NV + +Butt, Sheila + + + + + + – + + NV + + + + + NVCalfee, Kent + + + + + + – – + – – + + + + +Camper, Karen D. – – + + NV – – PNV + NV – + + + – +Carr, Dale + + + + + – – – + + + – + + – +Carr, Joe + + + + + + – – + – + + + + + –Carter, Mike + + + NV + + – – NV + + + + + NV +Casada, Glen + + + + + + + – + + + + + + + NV –Coley, Jim + + + + + + – PNV + + – + + + + +Cooper, Barbara – – + + + – – – + NV – + + + – +Curtiss, Charles + – + + +Dean, Vince + + + + + + – + + + – + + + + +DeBerry, John J. – – + + + + + + NV + NV – + + NV NV + +Dennis, Vance + + + + + + – – + + + + + + + +Doss, Barry + + + + + + – + + – + – + + + +Dunn, Bill + + + + + + + + + NV + NV + + – +Durham, Jeremy + + + + + + – + + – + + + + NV –Eldridge, Jimmy A. + + + + + + + – + + – + + + + + +Evans, Joshua G. + + + + + – – PNV + – + + + + + +Faison, Jeremy NV + + + + + – – + + + + + + NV +Farmer, Andrew + + NV + + + – – + + + + + + + +Favors, JoAnne – – + + + – – – + + – + + + – +Fitzhugh, Craig – – + + + – – + + NV – + + + NV +Floyd, Richard + + + + + NV – + + – + + + + + +Forgety, John + + + + + NV + + + + NV + + + + + + +Gilmore, Brenda NV NV + + + PNV NV + + NV – NV + + – NVGoins, Tilman + + + + + + – + + – + + + + + +Halford, Curtis + + + + + + – + + + + + + + + +Hall, Steve + + + + + + – – + – + + + + NV +Hardaway, G.A. – NV + + + NV – + + – – + + + – +Harrison, Michael + + + + + + – – + + + – + + + +Hawk, David + + + + + + – – + – + NV + + + +Haynes, Ryan A. + + + + + + + + + + + + + + + +Hill, Matthew + + + + + NV – – + – + + + + + +Hill, Timothy + + + + + + – – + – + + + + + +Holt, Andy + + NV + + + – – + + + + + + + –Jernigan, Darren – NV + + + – – + + + – + + + – +Johnson, Curtis G. + + + + + + + + + + + + + + + +Johnson, Gloria – – + + + – – + + + – + + + – +Jones, Sherry – – + + + – – + + + – + + + + +Kane, Roger + + + + + + – + + + + NV – + + + + +Keisling. Kelly + NV + + + – – – + – + + + + – +Lamberth, William + + + + + + – + + + + + + + + +Littleton, Mary + + + + + + – + + + + + + + + +Lollar, Ron + NV + + + + – – + – + + + + + +Love, Jr., Harold M. – – + + + – – + NV – NV NV – + + + – +Lundberg, Jon + + + + + + + – + + – + + + + +

2014

Key House of Representative Votes : 2013 – 2014 Session

NOT IN OFFICE

NOT IN OFFICE

2013

NOT IN OFFICE

+ Voted With Us - Voted Against Us NV Not Voting PNV Present Not Voting

Workers’ Comp Reform: SB0200/HB0194 Enacts business-supported comprehensive revisions to workers’ compensation laws.

Unemployment Insurance Reform: SB0783/HB0639 Revises unemploy-ment insurance, including provisions governing the collection of overpay-ments.

Reduces Litigation for Wage Reg-ulation Act Disputes: SB1295/HB1223 Limits employer liability of Tennessee’s Wage Regulation Act and ensures that no additional judicial right of action can be brought in state court.

Requires Fiscal Note to Include Business Impact Statements: HB0220/ SB0116 Bill will ensure the fiscal impact of proposed legislation on business is included in fiscal im-pact statements.

Labor Education Alignment Pro-gram (LEAP): SB1330/HB1276 Cre-ates the Labor Education Alignment Program to allow students to apply occupational training and academic experience toward attaining post-sec-ondary credentials for employment in high technology industries.

State Authorizer for Charter Schools: SB0830/HB0702 Establish-es a state authority to authorize and renew charter schools.

Elected School Superintendent: SB0916/’HB0741 (House commit-tee vote) SB 1702/HB1824 (Senate Committee Vote) Provides for re-es-tablishment of elected office of school superintendent for county or city school systems. (committee vote)

Restricts Disruptive Labor Ac-tivities of Labor Unions: SB1661/ HB1668 Adds new criminal offenses involving mass picketing and targeted residential picketing (committee vote)

Discontinues Common Core Ed-ucational Standards: HB2332/SB2405 Discontinues Common Core education standards. (committee vote)

Amended Bill Delaying Common Core: SB1266/HB1129 Adopted amendment #5 delaying further im-plementation of Common Core Stan-dards for two years.

Enacts Lawsuit Funding Regula-tion: SB1360/HB1242 Enacts the “Tennessee Lawsuit Funder Consum-er Protection Act.”

Key Terms

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2014

Key House of Representative Votes : 2013 – 2014 Session

2013+ Voted With Us - Voted Against Us NV Not Voting PNV Present Not Voting

Lynn, Susan + + + + + NV + – – NV NV – + NV + + +Marsh, Pat + + + + + + + + + + + – + + + +Matheny, Judd + + + + + + – – + – + + + + + –Matlock, Jimmy + + + + + + – – + – + + + + + NVMcCormick, Gerald + NV + + + + NV + + + – + + NV + +McDaniel, Steve + + + + + + – + + + – – + + + +McManus, Steve + + + + + NV + – – + NV NV NV + + NV +Miller, Larry J. – – + + + – – – + + – + + + – +Mitchell, Bo – – + + + – – – + NV – + + + – +Moody, Debra + + + + + + + – – – + – + + + + NV +Odom, Gary – – + + + – – + + + – + + + – +Parkinson, Antonio – – + + + – – + + + – + + + – +Pitts, Joe – – + + + – + + + + + + – + + + – +Pody, Mark + + + + + + – – + + – + + + NV + +Powell, Jason – – + + + – – + + NV – + + + + +Powers, Dennis + + + + + + – PNV + + + NV + NV + +Ragan, John + + + + + + – – + PNV NV NV + + NV +Ramsey, Bob NV + + + + – – + + + – + + NV – +Rich, Barrett + + + + + + – NV + + + + NV + + +Roach, Dennis E. + + + + + NV – NV NV + + + + + + +Rogers, Courtney + + + + + + – – + – + + + + + +Sanderson, Bill + NV + + + + – – + + – + + + + +Sargent, Charles + NV + + + + – + + NV + + + + + +Sexton, Cameron + + + + + + – + + + NV + + + + –Shaw, Johnny NV – + + + – – + + NV – + + + – +Shepard, David – – + + + – – + + + – + + + + +Shipley, Tony + + + + + + – + + + + + + + + +Sparks, Mike + + + + + + – PNV + – + NV NV + + +Spivey, Billy + + + + + + – + + + + + + + NV –Stewart, Mike – – + + + – – + + + – – + + – +Swann, Art + + + + + + – + + + + – + + – +Tidwell, John C. – – + + + – – + + + – + + + NV +Todd, Curry + + + + + + – + + NV – + + + + +Towns, Joe , Jr. – – + + + NV – – – + – – + + NV NV +Travis, Ron + + + + + + + + + + + + + + + +Turner, Johnnie – – + + + – – – – + – – + + + – +Turner, Mike – – + + + – – – – – NV – NV + + – +Van Huss, James + + + + + NV – – + – + + + + + +Watson, Eric + + + + + + NV NV + NV NV NV + + NV +Weaver, Terri Lynn + + + + + + – – + – + + + + + +White, Dawn + + + + + + + – – + + + + + + + + +White, Mark + + + + + + + + + + + NV + + + + + + +Williams, Kent – + + + + – – – + – – – + + – +Williams, Ryan + + + + + + – + NV NV + + + + + +Windle, John Mark – + + – + – – + + – + – + + + +Wirgau, Tim + + + + + + – + + NV + + + + + +Womick, Rick + + + + + + – NV + NV + + + + + –Final Vote 68-24 66-23 96-0 95-2 96-0 61-28-1 3-6* 5-4* 2-7* 82-11 52-36-6 89-1 29-45-1 58-37 80-10 95-0 92-0 61-23-1 87-8

** Vote to defeat amendment 1 (SB1701 HB1405) eroding employment at will

* Committee votes on HB0741, HB1688 and HB2332

Exempts Steel Slag from Solid Waste: SB1467/HB1562 Ensures Tennessee jobs by exempting certain products of the steelmaking process from the defini-tion of “solid waste.”

Vote to Defeat Amendment #1 Eroding Employment at Will: SB1701/HB1405 Proposed amendment would have creat-ed an additional cause of action against employers and eroded Tennessee’s em-ployment at will for all gun permit hold-ers.

Restricts Labor Union Activities on Private Property: SB1811/SB2030 Bill expands the offense of criminal trespass to include a prohibition against non-em-ployees from conducting labor union ac-tivities on business property and estab-lishes a no trespass public notice list to be maintained by the secretary of state. Pseudoephedrine Limits: SB1751/HB1574 Vote to adopt overly burden-some pseudoephedrine purchase limits harming manufacturers and legitimate consumers.

Limits Abusive Patent Litigation: SB1967/HB2117 Protects legitimate business from invalid and bad faith as-sertions of patent infringement by patent trolls or through unsubstantiated claims.

Telehealth Insurance Coverage: SB2050/HB1895 Allows health insur-ance carrier to provide coverage under a health insurance policy for healthcare services delivered through telehealth.

Employment Litigation Reform: SB2126/HB1954 Protects employers from abusive employment litigation prac-tices and establishes caps for certain employment litigation-related damages.

Tennessee Promise: SB2471/HB2491 Governor Haslam’s proposal to allow Tennessee high school graduates to at-tend free a two-year community or tech-nical college.

Popular Election of Attorney General SJR123: Created an additional state-wide elected office of attorney general and reporter. Businesses operating in other states note elected attorneys gen-eral often increases business litigation costs.

Creates Civil Cause of Action and Erodes Employment at Will: SB1733/HB 1667 Proposed bill would have creat-ed an additional cause of action against employers and eroded Tennessee’s em-ployment at will for all gun permit hold-ers. (Judiciary committee vote)

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Ramsey, Lt. Gov. Ron + + + + + + + + + + + + + + +Beavers, Mae + + + + + + + + – + + + + + –Bell, Mike + + + + + – – + + + + + + + + –Bowling, Janice + + + + + + + + + + + + + + +Burks, Charlotte + + – NV + – – + NV + NV + + + + +Campfield, Stacey + + + + + + – – NV + – + + + + + –Crowe, Rusty + + + + + – + + + NV + + NV NV + –Dickerson, Steven + + + + + + + + + + + + + + + +Finney, Lowe – – – + + – + + + + – + + – + +Ford, Ophelia – – – + + – + NV NV – NV NV + + NV +Gardenhire, Todd + + + + + + + + + + + + + + + –Green, Mark + + + + + + – PNV + + + + + + + +Gresham, Dolores + + + + + + + + + + + + + + + –Haile, Ferrell + + + + + + + + + + + + + + +Harper, Thelma – – + + + – + + + + + + + + +Henry, Douglas + + – + + – + + NV + + – + NV +Hensley Joey + NV + + + – – + + – + + + + – –Johnson, Jack + + + + + + + + – + + + + + –Kelsey, Brian + + + + + + + + + + + + + + + + –Ketron, Bill + + + + + + + + + + NV + + + NVKyle, Jim – – – + + – + NV – – + + – + –Massey, Becky + + + + + – + + + + + + + + +McNally, Randy + NV + + + + + + + + + + + + +Niceley, Frank + + + + + + + + + + + + + + –Norris, Mark + NV + + + + + + – + + + + + –Overbey, Doug NV + + + + – + + + + + + + + + +Southerland, Steve + + + + + + + NV + + + + + + –Stevens, John + + + + + + + + NV + + + + + + +Summerville, Jim + + + NV + + NV NV – + + + + + –Tate, Reginald NV – – + + + + + + + + + + + + +Tracy, Jim + + + + NV – + + – + + + + + –Watson, Bo NV NV + + + – + + + + + + + + +Yager, Ken + + + + + + + + + + + + + + –

Totals 25-4 24-5 27-6 31-0 32-0 20-13 3-5* 3-6* 29-0-1 27-0 22-9** 29-2 31-0 31-1 30-2 30-1 16-16

** Vote to defeat amendment 1 (SB1701 HB1405) eroding employment at will

Key Senate Votes : 2013 – 2014 Session

20142013+ Voted With Us - Voted Against Us NV Not Voting PNV Present Not Voting

* Committee vote on SB1702 and SB1733

6

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7

Legislative Positions2014 Scorecard

During the two-year course

of the 108th General Assembly,

more than 3,600 bills and

resolutions were introduced.

Each one was reviewed by

the Tennessee Chamber, and

those having a direct impact on

the business community were

reviewed by the Chamber staff

and appropriate committees. A

position was then approved and

taken by the Board of Directors.

The Tennessee Chamber

knows that it is essential

to grasp the tangible

impact legislation will have

on Tennessee’s business

community. For this reason,

all of our legislative positions

are vetted through our

committee system focusing

in the areas of Taxation,

Human Resources, Workers’

Compensation, Environment

and Energy, Education and

Workforce Development,

Manufacturing and Public

Affairs.

Our committee membership

is composed of Tennessee

Chamber investors with

expertise in these specific

areas. A special thank you

goes out to all committee

members for their hard work,

and to our entire membership

for being there when we need

you to talk to legislators,

respond to a “call to action,” or

to support the Chamber and

its professional governmental

affairs staff.

In the chart on the following

pages, each bill is divided

into areas of interest with bill

and public chapter numbers,

sponsors, a brief description,

Chamber position, and final

disposition. It is our way of

being accountable to you.

ToTal PosiTions: 160

ToTal Bills oPPosed: 47 Passed: 0 Failed: 47

deFer: 3

ToTal Bills suPPorTed: 110Passed: 86Failed: 24suPPorTed and Passed wiTh Business-accePTed amendmenT: 8

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BILL SPONSOR SYNOPSIS POSITION STATUS

TAXATION SB0181 HB0175

Norris McCormick

Revises franchise and excise tax laws so as to introduce the concept of a “final return status” and to establish revised filing requirements where the taxpayer will cease to exist.

SUPPORT PASSED Public Chapter 321

SB0183 HB0177

Norris McCormick

Revises the business tax in numerous ways, including restating the county portion of this tax as a state tax, establishing new nexus criteria, increasing the exemption amount for this tax, and authorizing the Department of Revenue to align taxable periods with the taxpayer’s fiscal year.


SB0199 HB0193

Norris McCormick

Reduces sales tax rate on retail sale of food from 5.52% to 5% effective July 1, 2013.


SB0245 HB0064

Tracy Sexton

Effective January 1, 2014, reduces, from 6.5 percent to 6.25 percent, the rate of excise tax imposed on net earnings or a gain from a sale of assets; enacts the "Investing in Tennessee's Existing Businesses Act."

SUPPORT FAILED

SB0734 HB0961

Watson Lundberg

Enacts the "Tennessee Administrative Tax Tribunal Act." OPPOSE FAILED

SB1000 HB0062

McNally Hawk

Revises provisions governing the taxation of green energy production facilities.

SUPPORT with Chamber Amendments

PASSED Public Chapter 297

SB1019 HB0973

Bell McDaniel

Exempts from tangible personal property tax equipment used for harvesting timber.

SUPPORT FAILED

SB1252 HB1146

Stevens Holt

Restores full credit against business tax due for personal property taxes paid.

SUPPORT FAILED

SB1276 HB1206

Norris McCormick

Creates a tax credit equal to 25 percent of educational assistance paid to an employee through an employer educational assistance program, or the maximum allowable amount that the employee may exclude from gross income for federal income tax purposes under Section 127 of the Internal Revenue Code.

SUPPORT FAILED

SB1346 HB1313

Yager Calfee

Specifies that delinquent taxes on property that was damaged as a result of a coal ash spill occurring in this state between December 1, 2008, and January 1, 2009, will not be subject to the penalty and interest provisions described above 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.


SB1375 HB1307

Finney Jernigan

Excludes from taxation, sales of computer software, computer software maintenance contracts, and certain services performed on computer software incidental to the sale of the software.

SUPPORT FAILED

SB1460 HB1477

Green Johnson

Modifies the allowable entities in which corporations operating under the Energy Acquisition Corporations Act may invest.


SB1477 HB1536

Johnson Sargent

Allows a deduction from business taxes for any costs incurred by a natural gas marketer to take title to, transport, or deliver natural gas to customer facilities located in this state.

SUPPORT FAILED

SB1635 HB1431

Norris McCormick

Authorizes, instead of requires, approval by the comptroller and attorney general for compromises of state tax liabilities; allows taxpayers to request informal conferences disputing proposed notices of assessments; requires any suit challenging an assessment to be filed within 90 days from the date of final assessment; revises other provisions regarding issuing and disputing assessments.


SB1665 HB1515

Johnson Brooks

Allows a job tax credit for employers who hire certain veterans. SUPPORT FAILED

SB1717 HB1827

Campfield Haynes

Requires TACIR to report annually to the state and local government committee of the senate and the state government

SUPPORT FAILED

Legislative Positions | 2014 Scorecard

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committee of the house on whether the wholesale power supply arrangements between the TVA, municipal utilities, and electric cooperatives are likely to change in the future in a way that could affect payments in lieu of taxes from the TVA to the state and local governments.

SB1752 HB1669

Hensley McDaniel

Exempts from sales and use tax unmanned aircraft systems sold to qualified farmers for use in connection with farm products and nursery stock.

SUPPORT FAILED

SB1838 HB1835

Norris Lundberg

Under certain circumstances, authorizes eligible taxpayers that expand headquarters facilities, make additional capital investments, and create new jobs, to qualify for a sales and use tax credit on purchases of personal property used in the facility.

SUPPORT FAILED

SB2298 HB1537

McNally Sargent

Under certain circumstances, requires persons with agents or affiliates in this state to collect and remit sales tax on retail sales to Tennessee purchasers; creates a rebuttable presumption that a person has an agent in this state if the person enters into agreements with residents to refer customers to the person and annual gross receipts from such referred sales exceed $10,000.

OPPOSE FAILED

SJR0001 Kelsey Proposes an amendment to Article II, Section 28 of the Tennessee Constitution to explicitly prohibit any state or local taxation of payroll or earned personal income or any state or local tax measured by payroll or earned personal income.

SUPPORT PASSED

HJR0548 Powers Makes application to Congress for the purpose of calling a convention of states concerning balanced budgeting.

SUPPORT PASSED

FREE ENTERPRISE AND REGULATORY CLIMATE SB0035 HB0501

Kelsey Casada

Prohibits local governments from enacting employer mandates such as health insurance benefits, leave policies, hourly wage standards, or prevailing wage standards that deviate from state statutorily imposed standards.


SB0116 HB0220

Ketron White

Requires committee to include impact to business and commerce statement in fiscal note for bills and resolutions referred to certain committees.


SB0595 HB0500

Johnson Casada

Creates office of the repealer within the legislature's office of legal services.


SB0837 HB0610

Ketron Lundberg

Allows cities and counties to hold a referendum to authorize selling wine at retail food stores; creates permit to sell wine at retail food stores.


SB0929 HB1176

Ford Towns

Makes the selling of a consumer item with a radio frequency identification tag (RFID) a violation of the Consumer Protection Act unless such RFID is removed upon purchase of the item.

OPPOSE FAILED

SB1503 HB1397

Green Lamberth

Creates requirement to notify law enforcement within 24 hours of discovering that methamphetamine is being manufactured in or on property or structures that the person controls or is an employee thereof.



SB1728 HB1371

Gardenhire Jernigan

Increases licensing requirements for certain persons who install and maintain elevators.

OPPOSE FAILED

SB1751 HB1574

Norris McCormick

Lowers the maximum amount of products containing ephedrine or pseudoephedrine that may be purchased in a 30 day period.



EDUCATION AND WORKFORCE DEVELOPMENT SB0019 HB0241

Tracy Brooks

Establishes an additional award, the STEM stipend, from net lottery proceeds for Tennessee HOPE scholarship recipients who are majoring in STEM fields; sets STEM stipend at $1,000.

SUPPORT FAILED

SB0196 HB0190 / SB2455

Norris McCormick / Gresham

Enacts the "Tennessee Choice & Opportunity Scholarship Act," part of Gov. Haslam’s proposed limited school voucher program.

SUPPORT FAILED

Legislative Positions | 2014 ScorecardLegislative Positions | 2014 Scorecard

SB1717HB1827 cont’d.

CampfieldHaynes

HB2428 Sargent

10

HB2428 Sargent

SB0830 HB0702

Gresham White

Amends the application review and renewal authority regarding charter schools. Establishes a state authority to authorize and renew charter schools.


SB0916 HB0741 SB1702 HB1824

Niceley Keisling

Provides for re-establishment of elected office of school superintendent for county or city school systems.

OPPOSE FAILED

SB1330 HB1276

Norris McCormick

Creates the Labor Education Alignment Program (LEAP) to allow participating students to apply combined occupational training and academic experience toward attaining post-secondary credentials for employment in high technology industries in the state.


SB1602 HB2249

Bell Casada

Restructures the textbook commission and the textbook selection process.


SB1835 HB1549

Gresham Brooks

Establishes requirements for the adoption of educational standards; prohibits use of student data for purposes other than tracking academic progress and educational needs of students.



SB1882 HB1696

Niceley Butt

Mandates that the state board of education and department of education shall immediately withdraw from the Partnership for Assessment of Readiness for College and Careers (PARCC) and common core state standards.

OPPOSE FAILED

SB1985 HB1825

Campfield Womick

Requires the state board of education and the department of education to postpone any further implementation of Common Core State Standards beyond those standards implemented as of June 30, 2013, until further implementation is approved by the general assembly.

OPPOSE FAILED

SB2115 HB1929

Gardenhire White

Permits a student at a public institution of higher education to be charged in-state tuition, if the student is a citizen of the United States.


SB2405 HB2332

Beavers Womick

Discontinues use of Common Core State Standards. OPPOSE FAILED

SB2471 HB2491

Norris McCormick

Enacts the "Tennessee Promise Scholarship Act of 2014.” Ensures all Tennessee high school graduates can attend for free a two-year community or technical college.


LEGAL REFORM SB0056 HB1099

Kelsey Durham

Provides that doctrine of joint and several liability does not apply in civil actions governed by comparative fault and preserves the doctrine of joint and several liability among manufacturers only in a product liability.


SB0216 HB0695

Overbey Farmer

Extends the judicial performance evaluation commission until June 30, 2015.

SUPPORT FAILED

SB0222 HB0126

Kelsey Womick

Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances.


SB0406 HB0280

Beavers Womick

Requires election of all judges, including appellate and supreme court judges.

OPPOSE FAILED

SB0622 HB1997

Stevens Farmer

Enacts the "Successor Corporation Asbestos-Related Liability Fairness Act."


SB0780 HB0636

Norris Lundberg

Requires the administrative office of the courts to assess the state's judicial districts every 10 years and present suggested changes in the judicial districts or allocation of judges to the legislature.

SUPPORT FAILED


11


SB1184 HB0978

Tracy Haynes

Limits recovery for medical costs in personal injury or wrongful death actions to amounts paid by or on behalf of the claimant.

SUPPORT FAILED

SB1229 HB1334

Ford Cooper

Provides for the election of justices of the supreme court and judges of the court of appeals and court of criminal appeals from districts to be established by the general assembly.

OPPOSE FAILED

SB1295 HB1223

Massey Hall

Limits employer liability of Tennessee’s Wage Regulation Act and ensures that no additional judicial right of action can be brought in state court under this section.


SB1360 HB1242

J. Johnson C. Johnson

Enacts the "Tennessee Lawsuit Funder Consumer Protection Act.”


SB1613 HB1964

Stevens Lundberg

Extends certain liability protection for partners of a limited liability partnership.


SB1896 HB1767

Bell Rogers

Provides that future judges of the supreme court and other appellate courts will be elected by means of contested elections, unless the people approve and ratify, at the November 2014 general election, the proposed constitutional amendment authorizing judicial retention elections.

OPPOSE FAILED

SB1967 HB2117

Bell Lundberg

Protects legitimate business from invalid and bad faith assertions of patent infringement by patent trolls or through unsubstantiated claims.


SB2054 HB2449

Bell Matlock

Restructures the Tennessee Human Rights Commission to include nine, rather than 15, members.


SB2126 HB1954

Johnson Dennis

Enacts various pro-employer employment litigation provisions. Protects employers from abusive employment litigation practices. Establishes caps for certain employment litigation-related damages.


SJR0123 Beavers Proposes popular election of the attorney general for no more than two four-year terms and any partial term.

OPPOSE FAILED

MANUFACTURING SB0179 HB0173

Norris McCormick

Repeals the existing Hazardous Chemical Right to Know Law; requires employers to comply with federal Hazard Communication Standard; and enacts certain other new requirements regarding information to be provided to employees working with hazardous chemicals.


SB0603 HB0899

Finney Powell

Allows all trucks traveling over state highways to have a margin of error of 10 percent over the gross weight limit of 80,000 pounds, rather than trucks hauling certain types of freight.

SUPPORT FAILED

SB0806 HB0718

Finney Powell

Promotes goods and products manufactured in Tennessee through use of a “Made in Tennessee” label.


SB1274 HB1215

Gresham Lynn

Requires manufacturers of products added to public water systems to verify the safety of such products to the system operators.

OPPOSE FAILED

SB1763 HB1386

Ketron Lamberth

For unemployment insurance assessment purposes, modifies the unemployment experience rating for new manufacturing employers that are in operation at least 10 years prior to moving to Tennessee, to the premium rate that the manufacturing employer was assigned prior to relocating to the state.


SB2156 HB1806

Green Shipley

Authorizes the chief inspector of boilers to grant variances to the requirements for frequency of inspections.


SB2318 HB1789

McNally Kane

Adds mandatory and additional warranty obligations to manufacturers of HVAC systems.

OPPOSE FAILED

SB2558 HB2426

Hensley Spivey

Allows manufacturers and employers to maintain list of workplace chemicals by reference to safety data sheets.



12

ENVIRONMENT AND ENERGY SB0075 HB0213

Massey Hall

Requires a scrap metal processor to run a vehicle number identification (VIN) report before shredding a motor vehicle in certain circumstances.

OPPOSE FAILED

SB0082 HB0055

Bell Sexton

Ensures the accountability of public solid waste management funds.


SB0099 HB0043 / SB1925 HB1844

Finney Johnson

Prohibits issuance of a water quality control permit that would alter any ridgeline that is above certain elevations.

OPPOSE FAILED

SB0159 HB0153

Norris McCormick

As enacted, revises the manner in which contested case hearings will be heard on appeals from certain actions taken by the commissioner or from various boards regarding environment and conservation.


SB0398 HB0337

Southerland Goins

Renames the state oil and gas board reclamation fund in light of change in board's name in 2012 to Tennessee board of water quality, oil and gas.


SB0507 HB0115

Niceley Gilmore

Establishes a green public schools task force to develop a model green cleaning policy and to assist public schools in achieving LEED certification.

OPPOSE FAILED

SB0852 HB1272

Ketron Matheny

Enacts the "Energy Independence Act of 2013” encouraging the production and use of domestic natural gas.


SB0893 HB1169

Niceley Towns

Requires plants and seeds sold in Tennessee to be labeled to indicate open pollination, genetic modification, or hybridization.

OPPOSE FAILED

SB0894 HB1168

Niceley Towns

Enacts the "Genetically Engineered Food Labeling Act of 2013." OPPOSE FAILED

SB0941 HB0945

Southerland Swann

Enables a region to triple count the gross weight of any aluminum cans and plastic bottles diverted from Class I landfills for its total percentage waste reduction and diversion goals.


SB1080 HB1098

Johnson Durham

Requires TDEC to develop a proposal for a revised state implementation plan that eliminates motor vehicle inspection testing requirements for all motor vehicles in this state that are three or less model-years old.



SB1160 HB0952

Stevens Wirgau

Requires landfill operator to submit proposal to local authority for approval prior to accepting any waste that would require change in classification of landfill under certain circumstances; specifies that in any county or municipality in which the local approval of solid waste facilities provisions have been approved by a two-thirds vote of the appropriate legislative body prior to the effective date of this act.



SB1163 HB0905

Dickerson Mitchell

Prohibits issuance of a permit for a solid waste landfill located in Davidson County within two miles of a park or government recreation facility.

OPPOSE FAILED

SB1168 HB0538

Tate Coley

Enacts the "Tennessee Beverage Container Recycling Refunds Act."

OPPOSE FAILED

SB1307 HB1268

Southerland Farmer

Encourages the state building commission to prescribe high performance building requirements, provided that such standards do not unnecessarily burden the wood products industry.


SB1349 HB0877

Yager McDaniel

Requires that a minimum of $1.00 of each tire pre-disposal fee is returned to the county where the fee was collected to be used for beneficial end use of waste tires; requires that counties include in the annual progress report to the department data on how many waste tires it manages and what is done with them.


SB1383 HB1335

Southerland Gilmore

Requires all municipal solid waste region plans and plans developed by TDEC to adhere to statutorily recognized policies that institute and maintain programs for statewide solid waste management and that encourage generators of solid waste to reduce the amount of solid waste collected or disposed of by

OPPOSE FAILED


13

certain methods.

SB1386 Summerville Enacts the "Virgin Ridgeline Protection Act," which prohibits the issuance of a permit or variance or similar authorization that allows surface coal mining operations to alter or disturb any ridgeline that is above 2,000 elevation.

OPPOSE FAILED

SB1467 HB1562

Norris Lollar

Exempts certain products of the steelmaking process from the definition of "solid waste."


SB1487 HB1471

Bell Hawk

Unnecessarily requires the underground storage tanks and solid waste disposal control board to file an annual report with the government operations committees of both houses that details the board’s activities for the prior fiscal year.

OPPOSE FAILED

SB1582 HB1632

Bell Matheny

Extends the underground storage tanks and solid waste disposal control until June 30, 2018.


SB1641 HB1437

Norris McCormick

Revises various provisions governing the structure of certain state boards and commissions attached to TDEC.


SB1772 HB1529

Bell Brooks

Authorizes certain counties with landfills to use surcharge revenue from other counties for purposes not related to solid waste management.

SUPPORT FAILED

SB1917 HB1898

Southerland Swann

Adds components to the comprehensive solid waste management plan for the state and creates a 14-member Tennessee solid waste and recycling advisory committee to review and develop recommendations concerning solid waste and recycling statutes, rules and policies.



SB1980 HB2023

Finney Johnson

Enacts the "Tennessee Scenic Vistas Protection Act" to prohibit the issuance of water quality permits for surface mining activities along ridgelines, subject to certain exceptions.

OPPOSE FAILED

SB1998 HB2207

Yager Powers

Would have established a state program for regulating surface mining operations in Tennessee.

SUPPORT FAILED

SB2064 HB2124

Finney Pitts

Prohibits fracturing in Tennessee, effective January 1, 2016. OPPOSE FAILED

SB2071 HB1941

Southerland Hawk

Requires scrap metal dealers to wait forty-eight hours before processing purchased scrap metal; requires a seller of scrap metal who is not an agent of a business to sign a statement of ownership or authorization; requires a dealer to photograph metal being purchased if the seller is not an agent of a business.

OPPOSE FAILED

SB2495 HB2445

Niceley Faison

Promotes manufacturing in Tennessee authorizing the growing of industrial hemp. Establishes strong regulatory framework through the department of agriculture.


SB2560 HB2425

Bowling Spivey

Redefines “shredded” for purposes of waste tire landfilling requirements as set forth in the Solid Waste Management Act of 1991.


HJR0663 Van Huss Urges EPA to respect primacy of Tennessee and other states, and to rely on state regulators to develop performance standards when issuing federal guidelines for regulating carbon dioxide emissions from existing fossil-fueled power plants.

SUPPORT FAILED

HEALTHCARE SB0726 HB0859

Watson Durham

Prohibits greater copayment and coinsurance requirements on services from chiropractors, physical therapists, and occupational therapists than on primary care doctors.

OPPOSE FAILED

SB0804 HB0937

Kelsey Durham

Allows Tennessee to participate in Medicaid expansion but only if authorized by joint resolution of the legislature.

SUPPORT with Chamber amendments


SB1286 HB1265

Tracy Brooks

Requires health insurance policies to cover screening, diagnosis, and treatment of autism spectrum disorders.

OPPOSE FAILED


SB1888 HB1770

Beavers Pody

Enacts the "Health Care Freedom and Affordable Care Noncompliance Act," which prohibits state entities from establishing or administering any regulatory scheme to expand Medicaid.

OPPOSE FAILED

SB1908 HB1950

Overbey Harrison

Enacts the "Annual Coverage Assessment of 2014,” which allows hospitals to use matching federal dollars for TennCare.


SB2012 HB1813

Tate Cooper

Requires health insurance to cover acupuncture services as a benefit beginning January 1, 2015.

OPPOSE FAILED

SB2050 HB1895

Overbey Keisling

Requires that a health insurance carrier provides coverage under a health insurance policy for healthcare services delivered through telehealth.


LABOR UNIONS SB0490 HB0502

Kelsey Casada

Requires certain political activities by labor organizations be funded separately through voluntary donations of members and not through regularly collected dues.

SUPPORT FAILED

SB0551 HB0492

Harper Jones

Authorizes labor agreements between local governments and local employee unions voluntarily entered into in Davidson County.

OPPOSE FAILED

SB0591 HB0841

Johnson Durham

Ensures that local government cannot mandate or require bid preferences for labor union organizations or members.


SB0725 HB0913

Campfield Casada

Authorizes state employees belonging to a public employee organization to pay dues for only collective bargaining, contract administration, and grievance procedures; prohibits work stoppages and use of funds for political activities.

SUPPORT

FAILED

SB1017 HB0915

Bell Holt

Prohibits any governmental body from passing any law, ordinance, or regulation that requires any employer to waive its rights under the National Labor Relations Act.


SB1209 HB0850

Johnson Marsh

Removes certain prevailing wage requirements for the construction industry.


SB1661 HB1688

Kelsey Durham

Create new criminal offenses for labor union activities involving mass picketing and targeted residential picketing.

SUPPORT FAILED

SB1662 HB1687

Kelsey Durham

Prohibits certain disruptive and illegal union and employee organization activities.


SB1811 HB2030

Niceley Holt

Expands the offense of criminal trespass to prohibit persons who are not employees of the property owner from conducting labor union activities on the property; establishes a “no trespass” public notice list to be maintained by the secretary of state and adds other related provisions.


SB2163 HB2018 / SB2164 HB2017

Burks Stewart

Labor union-supported bills that significantly strengthened TOSHA authority to require mandatory work stoppage orders and impose unnecessary compliance demands on business.

OPPOSE FAILED

ECONOMIC DEVELOPMENT SB0078 HB0051

Tracy Alexander

Allows all municipally owned electric systems to promote economic and industrial development through participation in the rural economic development loan and grant program.


SB0155 HB0149

Norris McCormick

Expands industrial recruitment efforts by clarifying what is considered to be "private land" or "land expected to become privately owned" for purposes of Fast Track infrastructure grants.


SB0327 HB0809

Bell Matheny

Extends the department of economic and community development until June 30, 2017.


SB0331 HB0808

Bell Matheny

Extends the department of tourist development until June 30, 2018.



15

SB0661 HB0558

Massey Harrison

Specifies that an industrial development corporation organized solely by a municipality that does not impose a real property tax may only enter into a payment in lieu of ad valorem tax agreement or lease if certain conditions met.


SB0900 HB0593

Campfield Sparks

Requires that all written and oral examinations administered to applicants for a driver license be in English only.

OPPOSE FAILED

SB0914 HB0708

Niceley Faison

Prohibits certain industrial development corporations from negotiating or entering into any payment in lieu of tax agreement or lease.

OPPOSE FAILED

SB1130 HB1062

Johnson Casada

Allows wineries licensed under the Grape and Wine Law to sell and transport up to 3,000 cases of wine produced or finished on the winery's premises to restaurants and hotels licensed to serve wine for on-premises consumption.


SB1189 HB1003

Niceley Faison

Makes it more difficult to initiative industrial projects by requiring that the fair market value of industrial property taken by eminent domain be based on the highest and best use of such property.

OPPOSE FAILED

SB1614 HB1410

Norris McCormick

Defines agriculture to include entertainment activities that occur on land where farm products and nursery stock are produced.


SB1644 HB1439

Norris McCormick

Expands the "Industrial Highway Act" to promote highway access to industrial facilities.


SB1708 HB1679

Yager Windle

For certain rural projects, allocates state tax revenue to a county or industrial development corporation that acquires certain property from the state on or after January 1, 2014.


SB1862 HB1850

Tate Johnson

Requires contractors working on Tennessee public construction projects to employ at least eighty percent state residents in their workforce and creates an additional administrative process for receiving complaints, adjudicating violations, and assessing penalties.

OPPOSE FAILED

SB1978 HB1873

Finney Fitzhugh

Requires reasonable disclosure of certain information regarding grants and loans awarded by the state and creates a fine for failure to provide such information.


SB2211 HB1962

Kyle Miller

Requires employers receiving job skills grants to submit additional outcome measurements and cost reports to ECD.

OPPOSE FAILED

SB2420 HB2300

Norris Todd

Enables Shelby County industrial development corporations to enter into loan agreements for activities, costs, debt restructuring or working capital associated with projects and to forgive associated debt.


SB2464 HB2371

Watson Carter

Requires voter approval for annexation of property being used primarily for residential or agricultural purposes, but not industrial purposes, by municipalities.

DEFER Support industrial property carveout


HB1797 / HB1798

Windle Bills would have created arbitrary and costly franchise and excise tax incentives to a narrow category of business.

OPPOSE FAILED

WORKERS’ COMPENSATION SB0200 HB0194

Norris McCormick

Enacts "The Workers' Compensation Reform Act of 2013.” Implements comprehensive Chamber-supported and long-sought revisions to workers’ compensation laws.


SB0432 HB0864

Overbey Lollar

Requires an employee covered for workers’ compensation by a Tennessee employer to file a workers’ compensation claim under Tennessee law. Eliminates ability to file claim in another state.


SB0519 HB0549

Burks Curtis

Exempts narrow or targeted recognized religious sects from providing workers’ compensation benefits to employees.


SB1275 HB1159

Norris McCormick

Revises a number of technical provisions regarding workers' compensation, such as removing outdated statutory references.


SB1645 HB1440

Norris McCormick

Revises various provisions relative to workers' compensation, including disability benefits, as negotiated by Chamber members.




SB1646 HB1441

Norris McCormick

Allows the administrator of the division of workers' compensation to withdraw funds from the employee misclassification enforcement fund to injured employees.


SB2088 HB1786

Beavers Pody

Divides the power appointing workers' compensation judges among the governor, the speaker of the senate, and the speaker of the house.


SB2251 HB2105

Massey Haynes

Revised various provisions relative to trucking companies employees’ coverage under Tennessee’s workers' compensation law.


WORKPLACE SB0072 HB0085

Massey Lundberg

Clarifies service dog requirements for employers to conform federal regulations implementing Title III of the Americans with Disabilities Act.



SB0142 HB0118

Ramsey Faison

Addresses storage of firearms in employer parking lots. Clarifies that employees with valid permits have a right to store firearms in a locked, personal vehicle under certain conditions. Chamber concerns were largely addressed by removing private right of action and fines.

DEFER PASSED Public Chapter 16

SB0276 HB1109

Kelsey Camper

Provides certain immunity to employers who hire a previously convicted criminal that has been issued a certificate of employability following restoration of employment status by a court.


SB0580 HB0253

Haile Jernigan

Creates additional employee benefit for a self-employment assistance program for persons who are eligible for regular unemployment compensation.

OPPOSE FAILED

SB0699 HB1321

Tate Camper

Prohibits employers from using the credit report or credit history of an employee or applicant for employment to deny employment, discharge an employee or determine compensation of the terms, conditions or privileges of employment.

OPPOSE FAILED

SB0783 HB0639

Johnson Matlock

Enacts various pro-employer provisions regarding unemployment insurance, including provisions regarding waiver of the collection of overpayments and determination of base periods for UI benefits.


SB0833 HB0551

Ketron Curtiss

Addresses the issue of misclassification of employees of construction services provides for workers’ compensation purposes.


SB1006 HB0848

Gresham Ragan

Revises provisions regarding local government pay requirements, service without compensation, and reimbursement requirements regarding state guard service; specifies which authorities may call members to service.



SB1182 HB1018

Campfield Evans

Enacts additional employer mandates regarding applicant’s and employee’s ownership of a firearm and storage of weapons in personal vehicle on employer property.

OPPOSE FAILED

SB1668 HB1683

Johnson Durham

Requires drug testing of certain individuals applying for unemployment compensation benefits.

SUPPORT FAILED

SB1733 HB1667

Beavers Pody

Prevents an employer from taking any adverse action against a person transporting or storing a firearm or ammunition; creates a civil cause of action for damages.

OPPOSE FAILED

SB1743 HB1674

Kelsey Moody

Allows the employer of food or beverage service employee to waive the employee’s right to a 30-minute unpaid meal break.

SUPPORT FAILED

SB1801 HB2180

Gresham Rich

Gives a handgun permit holder who is injured on or in the property of a business entity that prohibits firearms a civil cause of action against the employer if the proximate cause of the injury was that the firearm ban prevented the person from adequately exercising the right of self-defense.

OPPOSE FAILED


17

SB1808 HB1852

Niceley Faison

Creates the "Employee Online Privacy Act of 2014," which limits an employer from requiring an employee to disclose the username and password for the employee's personal internet accounts except under certain circumstances to protect legitimate business purposes.

DEFER with Chamber amendments


SB2026 HB1834

Hensley Carr

Requires private employers with six or more employees to verify new hires using the E-Verify program.

OPPOSE FAILED

SB2145 HB1694

Tate Turner

Increases Tennessee minimum wage at $8.25 per hour for certain employers who do not offer health benefits to employees and employees' dependents.

OPPOSE FAILED

SB2226 HB1981

Kyle Parkinson

Creates the “Healthy Workplace Act” and requires TACIR to create a model policy for employers to prevent abusive conduct in the workplace. Chamber amendments adopted exclude private employers form this act.



MISCELLANEOUS SB1892 HB1779

Stevens Johnson

Protects private property owners by creating crimes of using an unmanned aircraft with intent to conduct surveillance, capturing or using an image captured by an unmanned aircraft, surreptitious commercial surveillance and aggravated surreptitious commercial surveillance.


SB2059 HB1909

Bowling Todd

Exempts the state from daylight saving time. Bill would have caused confusion for Tennessee businesses and employees across the state.

OPPOSE FAILED

SB2407 HB2255

Norris McCormick

Chamber-supported legislation to modernize 911 funding for business and for internet provider networks.


SB2546 HB2468

Summerville Casada

Requires that the identity of any person who makes a complaint against a business be disclosed if the complaint causes the business to be investigated by a state government agency.

SUPPORT FAILED


18

Tennessee 2014 Governor Election FilingsRepublican Democrat Independent/Other

Bill Haslam Charles V. “Charlie” Brown Shaun Crowell

Mark Coonrippy Brown Kennedy Spellman Johnson Isa Infante

Basil Marceaux, Sr. Wm. H. “John” McKamey Daniel T. Lewis

Donald Ray McFolin Ron Noonan Steven Damon Coburn

John Jay Hooker

TENNESSEE 2014 U.S. CONGRESS ELECTION FILINGS Bold Indicates an Incumbent

U.S. House of Representatives District Republican Democrat Independent/Other

1 Daniel Hartley Robert Franklin John Paul Rader Michael D. Salyer David (Phil) Roe Robert N. Smith

2 John J. Duncan Jr.

Bob Scott Casey Adam Gouge

Jason Zachary Norris Dryer 3 Chuck

Fleischmann Mary Headrick Cassandra J. Mitchell

Weston Wamp 4 John Anderson Lenda Sherrell Robert Rankin Doggart

Scott DesJarlais Oluyomi “Fapas” Faparusi Sr.

Steve Lane David Tate Jim Tracy Michael S. Warden

5 Chris Carter Jim Cooper Paul Deakin Ronnie Holden Bob Ries John (Big John) Smith

6 Diane Black Amos Scott Powers Mike Winton Jerry Lowery

7 Marsha Blackburn Credo Amouzouvik Leonard D. Ladner Jacob Brimm Daniel Cramer

8 Stephen Fincher John (Wes) Bradley James L. Hart Dana Matheny Rickey Hobson Mark Rawles John Mills Lawrence Pivnick Tom Reasons

9 Charlotte Bergmann

Steve Cohen Floyd Wayne Alberson

Isaac Richmond Herbert A. Bass Ricky E. Wilkins Paul Cook

U.S. Senate Republican Democrat Independent/Other

Christian Agnew Terry Adams Martin Pleasant Lamar Alexander Gordon Ball Tom Imerson Jr. Joe Carr Larry Crim Edmund Gauthier George Flinn Gary Gene Davis Joshua James John D. King Danny Page Brenda Lenard Bartholomew Phillips Erin Kent Magee C. Salekin Eric Schechter Rick Tyler Joe Wilmoth

19

Tennessee 2014 Governor Election FilingsRepublican Democrat Independent/Other

Bill Haslam Charles V. “Charlie” Brown Shaun Crowell

Mark Coonrippy Brown Kennedy Spellman Johnson Isa Infante

Basil Marceaux, Sr. Wm. H. “John” McKamey Daniel T. Lewis

Donald Ray McFolin Ron Noonan Steven Damon Coburn

John Jay Hooker

Business Insider | Summer 2014

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Tennessee Chamber 2014 General Assembly

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