March 1, 2018 | Tennessee Chamber of Commerce & Industry
March 1, 2018
Call to Action: Costly Business Mandates
Will Be Heard in Final House SubCommittee Calendars:

Tennessee Chamber Urges House Committee to Oppose Bills Harming Tennessee’s Business Climate

Let’s face it, weeks when the legislature is in session are extremely busy for the Chamber staff and our team of dedicated professionals who work with us on the hill. On Mondays and Tuesdays we go full throttle, all the way until Wednesday afternoon, when the House Consumer and Human Resources Subcommittee meets. This venue always provides lots of activity, with business battling trial lawyers and labor union proposals. Luckily, members of the subcommittee are always willing to listen to the Tennessee Chamber and our arguments for/against these types of bills.

Subcommittee members' contact information is listed at the end of this section.

Next Week the Following Bills will be heard in the Subcommittee, Chamber positions are listed beside each bill...
HB 2508 *Rogers (SB 2536 by *Ketron) Tennessee Chamber Requesting Amendment
Consumer Protection - As introduced, revises various provisions relating to the duty to notify consumers when there is a breach of system security that contains the consumers' personal identifying information. - Amends TCA Section 47-18-2107.

HB 1184 *Powell (SB 1141 by *Kyle) Tennessee Chamber Opposes
Human Rights - As introduced, requires that all employers give their employees six weeks of paid leave for adoption, pregnancy, childbirth, or nursing an infant. - Amends TCA Title 4, Chapter 21 and Title 50.

HB 2613 *Mitchell (SB 2328 by *Kyle) Tennessee Chamber Opposed
Employees, Employers - As introduced, prohibits public and private employers from requiring an employee or prospective employee to execute a non-disclosure agreement as a condition of employment. - Amends TCA Title 50, Chapter 1, Part 1.

HB 1714 *Lynn (SB 1615 by *Johnson) Tennessee Chamber Supports
Workers Compensation - As introduced, removes requirement that every workers' compensation insurer that provides insurance for Tennessee workers' compensation claims be required to maintain a claims office or to contract with a claims adjuster located within this state. - Amends TCA Title 50, Chapter 6.

HB 1899 *Brooks K (SB 1904 by *Yager, Massey) Tennessee Chamber Opposed as Drafted
Employees, Employers - As introduced, prohibits an employer in this state from discriminating against an applicant for employment or an employee on the basis of disability; requires the employer to provide a reasonable accommodation to the applicant or employee with certain exceptions; establishes procedures and remedies for disability discrimination claims. - Amends TCA Title 4, Chapter 21.

HB 2105 *Halford (SB 2141 by *Gresham) Tennessee Chamber Supports
Workers Compensation - As introduced, allows farm and agricultural employers to accept the workers' compensation chapter by purchasing a workers' compensation insurance policy; allows a farm or agricultural employer to withdraw acceptance of the workers' compensation chapter at any time by canceling or not renewing the policy and providing notice to its employees. - Amends TCA Section 50-6-106.

HB 1978 *Marsh (SB 1967 by *Watson) Tennessee Chamber Supports
Employees, Employers - As introduced, specifies that a marketplace contractor of a marketplace platform is not an employee of the marketplace platform. - Amends TCA Title 50; Title 56 and Title 62.

HB 2495 *Towns (SB 2114 by *Niceley) Tennessee Chamber Monitoring
Consumer Protection - As introduced, prohibits any person, governmental entity, or other legal entity, including a utility district, that offers goods or services to consumers from rounding up the consumer's bill for goods or services without obtaining the consumer's express, written permission to opt-in to such a billing procedure. - Amends TCA Title 5; Title 6; Title 7; Title 45; Title 47, Chapter 18; Title 62 and Title 65.

HB 2506 *Towns (SB 2446 by *Harris) Tennessee Chamber Opposed
Consumer Protection - As introduced, triples the amount of a civil penalty assessed against a person for violating the Tennessee Price-Gouging Act of 2002. - Amends TCA Title 47, Chapter 18.

HB 1513 *Hulsey, Jernigan (SB 1490 by *Harris) Tennessee Chamber Monitoring for Amendment
Employees, Employers - As introduced, enacts the "Save Tennessee Call Center Jobs Act." - Amends TCA Title 4; Title 12, Chapter 4 and Title 12, Chapter 3.

HB 1671 *Keisling (SB 2197 by *Swann) Tennessee Chamber Monitoring
Consumer Protection - As introduced, for purposes of the debt counseling services offered by a provider of debt-management services, expands definition of "certified counselor" to include individuals certified by a training program or certifying organization that is accepted by another state in which the provider is licensed; makes other related revisions to the Uniform Debt-Management Services Act. - Amends TCA Title 47, Chapter 18, Part 55.

HB 1986 *Gilmore (SB 1985 by *Niceley) Tennessee Chamber Opposed
Consumer Protection - As introduced, prohibits any person who regularly engages in or solicits consumer transactions involving the installation of used tires from installing an unsafe used tire on a motor vehicle; specifies that installing an unsafe used tired is a violation of the Tennessee Consumer Protection Act of 1977. - Amends TCA Title 47 and Title 55.

HB 1984 *Gilmore (SB 2130 by *Yarbro,) Tennessee Chamber Opposed
 As introduced, allows a person providing services pursuant to a contract to bring action against the entity for which the person is under contract in certain situations. - Amends TCA Title 4 and Title 50.

HB 2006 *Pitts, Clemmons, Johnson, Thompson (SB 2192 by *Lundberg) Tennessee Chamber Neutral Legislation Applies to State Employees only
Veterans - As introduced, makes the veteran hiring preference mandatory; creates a private right of action for a veteran who is denied the veteran hiring preference. - Amends TCA Section 8-30-307 and Title 9, Chapter 8.

HB 2452 *Doss (SB 2558 by *Hensley) Tennessee Chamber Opposes
Consumer Protection - As introduced, requires the manufacturer of a nonconforming HVAC system to repair the system at no cost to the consumer; requires replacement of the HVAC system in certain circumstances. - Amends TCA Title 47, Chapter 18; Title 62 and Title 68.

HB 2689 *Weaver (SB 1960 by *Pody) Tennessee Chamber Monitoring
Consumer Protection - As introduced, designates as an unfair or deceptive act or practice under the Consumer Protection Act the failure of a broadband service provider to give a new consumer notice of the availability of parental control protections. - Amends TCA Title 47, Chapter 18 and Title 65, Chapter 5, Part 2.

HB 2416 *Cooper (SB 2447 by *Harris) Tennessee Chamber Opposes
Salaries and Benefits - As introduced, creates a private right of action against any employer for a violation concerning the distribution of mandatory service charges or gratuities to employees. - Amends TCA Title 50, Chapter 2.

HB 2334 *Cooper (SB 2434 by *Yarbro) Tennessee Chamber Opposes
Salaries and Benefits - As introduced, creates a cause of action against an employer who fails to pay wages to an employee in accordance with statute. - Amends TCA Title 50.

HB 1711 *Goins (SB 1834 by *Southerland) Tennessee Chamber Monitoring for Amendment
Consumer Protection - As introduced, extends from 180 to 185 the number of days following cancellation, due to a natural disaster of an event sponsored by a charitable organization, that must elapse before ticket buyers forfeit refund of the purchase price. - Amends TCA Title 4; Title 47 and Title 62.

HB 1797 *Clemmons (SB 1836 by *Kyle) Tennessee Chamber Opposes
Employees, Employers - As introduced, enacts the "Tennessee Pay Equality Transparency Act." Establishing a number of additional reporting and compliance mandates and legal actions that can be taken against employers - Amends TCA Title 50.

HB 2570 *Stewart (SB 2416 by *Niceley) Tennessee Chamber Opposes
Consumer Protection - As introduced, authorizes awards of treble damages in private actions for violations of the Consumer Protection Act when the unfair or deceptive act was directed at veterans. - Amends TCA Title 47, Chapter 18.

HB 2571 *Stewart (SB 2417 by *Niceley) Tennessee Chamber Opposes
Consumer Protection - As introduced, makes it a violation of the Consumer Protection Act to represent that goods or services are being offered at a price or on terms available only to veterans while offering the same price or terms to non-veterans. - Amends TCA Title 47, Chapter 18.

HB 2333 *Cooper (SB 2544 by *Tate) Tennessee Chamber Opposes
Workers Compensation - As introduced, prohibits retaliatory discharge by employer or other person for conduct relating to filing a workers' compensation claim; authorizes an action by the employee as a remedy. - Amends TCA Title 50.

HB 2392 *Miller (SB 2088 by *Kyle) Tennessee Chamber Opposes
Employees, Employers - As introduced, rewrites the Healthy Workplace Act to designate certain acts of harassment, intimidation, or bullying as unlawful employment practices and to require employers to adopt policies prohibiting those acts of harassment, intimidation, or bullying. - Amends TCA Title 4, Chapter 21; Title 39 and Title 50, Chapter 1.

HB 2304 *Beck (SB 2475 by *Roberts) Tennessee Chamber neutral with Amendment
Workers Compensation - As introduced, removes the termination date on the recovery of attorney fees and other costs against an employer in a workers' compensation action who wrongfully denies a claim by filing a timely notice of denial and then the workers' compensation judge subsequently makes a finding that such benefits were owed at an expedited hearing or compensation hearing. - Amends TCA Section 50-6-102 and Section 50-6-226.

HB 2411 *Thompson (SB 2543 by *Tate) Tennessee Chamber Opposes
Workers Compensation - As introduced, prohibits retaliatory discharge of employees under the Tennessee workers' compensation law under certain circumstances; prescribes certain damages available to prevailing plaintiffs under retaliatory discharge claims. - Amends TCA Title 4; Title 8 and Title 50.
House Consumer & Human Resources Subcommittee Members:
Tennessee General Assembly: Weekly Calendars
Senate’s weekly calendar click  HERE .
House of Representative’s weekly committee calendar click  HERE
House of Representative’s weekly subcommittee calendar click HERE
 

Additional Meetings
  • House Finance Ways & Means will hold budget hearings on Monday (9:00am to 1:00pm)
  • Joint Ad Hoc Committee on Disability Services will meet Monday at Noon. Agenda
  • Joint Council on Pensions and Insurance will meet Monday at 2:00pm. Agenda
  • On Thursday, March 8th the State Building Commission will meet at 11:00am in House Hearing Room II.

Senate Notice: As of March 1, you can now file your amendments to the budget. File your request with John Kerr in the Senate Budget office.
Medical Marijuana Legislation Moves Ahead

Bolstered by Speaker Beth Harwell’s tie-breaking vote, Rep. Jeremy Faison’s medical marijuana legislation advanced this week in the General Assembly. Harwell, a Davidson County Republican running for governor, cast the deciding vote in a 4-3 decision to move the bill out of the House Criminal Justice Subcommittee.  Sam Stockard has a recap of the policy proposal in the Memphis Flyer . Next week the legislation will be heard in full Criminal Justice Committee (Noon, Wednesday March 7th.)
House Adds Provision Prohibiting Employee Firearm Do-over
Employers will continue to define workplace firearm policy

In the last two weeks a variety of firearm legislation has been debated in the General Assembly. The Tennessee Chamber has been active in discussions with elected official on their bills. We are persistent in clarifying changes will not undercut employers rights to establish workplace policies. This past week the House Criminal Justice Committee the committee amended HB 2484 by Rep. Holt to address a major concern of the business community.  Link to the Amendment Section 2 clarifies that the policy does not apply to employees, when an employer has prohibited firearms in the workplace.   

We note this solution does not satisfy everyone in the business community. Many businesses are continuing to oppose this legislation. These businesses have high security restrictions and need to ensure they control the security of their workplace. 

If you operate a gun free establishment, we encourage you to post a sign as described in Tenn. Code Ann. § 39-17-1359 ( b)(3) and review the law on signage. The requirements were updated last year.  

DENSO Investing $190M to Expand Its Athens, TN Facility

PRNewswire (2/28) reports that DENSO, “one of the world’s largest automotive technology, systems and components suppliers, is expanding its operations in North America through a $190 million investment in its Athens, Tennessee facility.” The expansion is expected to “add four new production lines and 320 jobs, increasing DENSO’s ability to produce and deliver key parts for its customers.”
Secretary of State Releases Business Report for Q4 – 2017
Tennessee enjoys continued economic growth. In December 2017, non-farm employment grew by 1.0 percent, or 28,700 jobs compared to last December 2016. Business formations also continue to grow. Both new entity filings and annual reports saw year-over-year gains in the fourth quarter of 2017.   Read more in the report.
Business and a Biscuit Legislative Series
A Fast Paced Preview of the Legislative Week Ahead

Week #7: Monday, March 5, 2018
10:00am – 10:30am CST
Location: TN Chamber Office, 414 Union Street, Nashville, TN 37219

**Join in person or dial-in by phone**
RSVP email required: info@tnchamber.org
Bob Corker Announces Again: He Will Not Run for Re-election
With primaries unlikely Senate race now shifts focus to general election

WASHINGTON – Sen. Bob Corker’s announcement that he will stand by his earlier decision and retire at the end of the year means for all practical purposes that Marsha Blackburn will be the Republican nominee to succeed him. Corker’s decision, announced Tuesday, allows the GOP to avoid what would have been a bruising primary and will enable Blackburn, an eight-term congresswoman from Brentwood, to look ahead and start focusing on what is expected to be a close, contentious contest with Democrat Phil Bredesen in November.  Read more in the Tennessean.



With Corker Out, Bredesen Says Contrast with Blackburn
'Now Clear'

The Chattanooga Times Free Press reports : Democrat Phil Bredesen's campaign is welcoming Republican U.S. Sen. Bob Corker's decision not to re-enter the 2018 Senate contest, saying the former Tennessee governor's contrast with Republican Marsha Blackburn is "now clear." 

"Tennessee voters can pick someone who caused gridlock in Washington over the past 15 years — or they can hire someone who has a proven track record of working across the aisle to get things done for all Tennesseans," said Bredesen Press Secretary Alyssa Hansen in a statement today. Hansen said Bredesen is "glad to see the race taking shape and he remains focused on running a 95-county campaign to win in November."
TN U.S. Representatives Spotlight

The Kingsport Times News’ Hank Hayes reports that Congressman Phil Roe has the dough . The fifth term Congressman isn’t taking up baking, he has a large fundraising advantage over potential challengers, despite a late re-election announcement. 

A few weeks back Roll Call profiled West Tennessee’s David Kustoff , giving a glimpse of his daily routine as a freshman Congressman. If you didn’t know already he is an early riser. He gets to his Washington office each before most staff are even out of bed. 

Tennessee Chamber of Commerce & Industry | www.tnchamber.org
(615) 256-5141 | info@tnchamber.org