Tennessee Jobs Coalition
Friday, January 15, 2010
SB 1527 Burchett
HB 1280* McManus
TAXES GENERAL: Jurisdiction of contested case hearings. Transfers contested case hearings currently under the jurisdiction of the department of revenue to the office of the secretary of state. Broadly captioned.
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk.
SB 1595* Stanley
HB 2005 McDaniel
LABOR LAW: Freedom in Contracting Act. Enacts the "Freedom in Contracting Act." Prohibits the public agencies from imposing certain labor and wage requirements as a condition of performing public works that are state funded.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Consumer Affairs Subcommittee deferred to 2010.
SB 1607* Beavers
HB 1793 Fincher
CRIMINAL LAW: Transporting and storing a firearm in a locked vehicle. Prohibits employers and nongovernmental entities from prohibiting persons possessing a handgun carry permit from transporting and storing a firearm out of sight in a locked vehicle on any property set aside for vehicles.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study.
SB 1664 Harper
HB 0776* Turner M.
LABOR LAW: Pay Equity in the Workplace Act. Prohibits an employer from discriminating between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work. Authorizes the commissioner of labor and workforce development to endeavor to eliminate such pay practices by informal means of conference, conciliation, and persuasion. Also authorizes the commissioner to supervise the payment of wages owing to an employee who has been discriminated against. Requires commissioner to develop guidelines to enable employers to evaluate job categories based on objective criteria.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/03/2009.
House Status: House Employee Affairs Subcommittee deferred to first calendar of next year.
SB 1683 Ketron
HB 1137* Shipley
CRIMINAL LAW: Comprehensive Illegal Immigration Act. Creates a presumption that a defendant is at risk of flight when determining the amount of bail, if it is determined that the defendant is not lawfully present in U.S. Requires that a reasonable effort be made to determine the citizenship status of an individual charged with a felony or a second or subsequent violation of DUI. Requires that all written exams administered to applicants for a driver license or intermediate driver be given in English. Allows employers to require an employee or an applicant for employment to speak English while engaged in work if such requirement is based on necessity. Requires that all persons 18 or older provide proof that they are lawfully present in U.S. prior to the receipt of certain public benefits. Requires employers, on and after August 1, 2009, to verify the employment eligibility, prior to hiring, of any applicant for employment
through the federal electronic work authorization verification service provided by the federal department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003.
Senate Status: Senate State & Local Government deferred to 05/05/2009.
House Status: Taken off notice in House Civil Practice Subcommittee 04/28/2009.
SB 1724 Bunch
HB 1395* Evans
CRIMINAL LAW: Transporting and storing a firearm in a locked vehicle. Bars employers from prohibiting persons possessing a handgun carry permit from transporting and storing a firearm in their car on property set aside for employees' cars. Requires that firearm must be out of sight in a locked vehicle on such property.
Senate Status: Senate Judiciary Firearms & Ammunitions Subcommittee 03/25/2009 passed to full committee without recommendation.
House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study.
SB 1731 Burks
HB 0397* Fincher
LABOR LAW: Employers cannot require employees to use vacation on FMLA. Prohibits an
employer from requiring an employee to use vacation time while on leave for adoption, pregnancy, childbirth, nursing an infant or pursuant to the Family and Medical Leave Act.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/28/2009.
House Status: Failed in House Employee Affairs Subcommittee 04/14/2009.
SB 1752 Marrero
HB 0826* Jones S.
LABOR LAW: Employers required to pay tipped employees minimum wage. Requires employers to pay tipped employees at a rate not less than the standard federal minimum wage per hour. Allows credit for tips or gratuities or meals or lodging received by the employee. Requires accurate reporting by the employee on the amount of tips or gratuities received on a daily basis.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Employee Affairs Subcommittee 04/21/2009.
SB 1822 Herron
HB 0062* Fincher
GOVERNMENT REGULATION: TN Immigration Compliance Act. Requires sheriff, jailer or other designated officer to check citizenship status of a person charged with a felony or DUI that is confined in a county jail, municipal jail or other local or municipal correctional facility. Also requires sheriff, jailer or other designated officer to notify the U.S. Department of Homeland Security when a determination is made that the confined person is not lawfully in the U.S. Specifies that after January 1, 2010, a taxpayer, for the purpose of calculating net earning or net loss, is prohibited from deducting or receiving credit for remuneration provided to any individual for labor services in an amount equal to or exceeding $600 per annum unless such individual is a lawful resident alien for whom that taxpayer has maintained proper documentation. Requires every agency or political subdivision of this state, on or after July 1, 2010, to verify the presence in the U.S. of any natural person 18 years or older who has applied for state or local public benefits or for federal public benefits that are provided by or administered by an agency or political subdivision of this state. Specifies that verification of lawful presence shall not be required for certain health care items that are necessary for treatment of an emergency medical condition, emergency disaster relief, immunizations, prenatal care, and for postsecondary education.
Amendment: House Judiciary amendment 1 rewrites Section 3 of the original bill removing the
requirement that the sheriff or jailer upon not being able to determine citizenship status through a
reasonable effort verifies such status through a query to the LESC. Under the amendment if the sheriff or jailer cannot determine lawful status through reasonable efforts he is to notify the U.S. department of homeland security.
Senate Status: Taken off notice in Senate State & Local Government 05/05/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar.
SB 1902 Marrero
HB 0064* Fincher
LABOR LAW: Wage rate for tipped employees. Requires employers to pay tipped employees wages at a rate of at least $3.28 per hour, which is, after rounding to the nearest cent, half of the federal minimum wage.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Failed in House Employee Affairs Subcommittee 03/03/2009.
SB 2104 Stanley
HB 1997* Moore
LABOR LAW: Employment of subcontractors and independent contractors. Clarifies that
"employee" includes contractors and subcontractors but not direct sellers relative to employment records. Allows the employer to report using a 1099 form in addition to a W-4.
Senate Status: Senate General Welfare deferred to summer study.
House Status: Re-referred to House Children & Family Affairs 05/07/2009 from the House Floor.
SB 2158 Ketron
HB 2240* Maggart
TRANSPORTATION GENERAL: ID cards created by department of safety. Requires the department of safety, upon request, to issue a state identification card to any resident who meets specified application requirements. Requires the card to bear the seal of the state and the commissioner must produce the card in a form intended to prevent replication or counterfeit. Requires that such card be valid for two years. Obligates each department and any entity that receives state funds to accept a state identification card as a valid identification and as valid proof of residency in the state, unless such department or entity has reasonable grounds for determining that the card is counterfeit, altered, or improperly issued to the card holder. Establishes that a person who is lawfully able to acquire an identification card and who is not
a citizen of the United States must also sign a form stating that the person pledges to learn the basics of the English language and abide by the laws of this state and country. Requires the form to state that if after two years of having the identification obtained and such person has not been convicted of any felony or Class A misdemeanor and the person passes a test on the basics of the English language, the state must work with the appropriate federal agencies to help the person become a citizen of the United States.
Senate Status: Referred to Senate Transportation.
House Status: Caption bill held on House clerk's desk.
SB 2162 Tracy
HB 1963* Sargent
WORKERS COMPENSATION: Inability of immigrant to return to work after injury. Takes notice that federal law prohibits a pre-injury employer from permitting an employee to return to work following the injury when the employee is not eligible to work in the United States pursuant to federal immigration laws. Caps permanent disability awards of such employees at 1.5 times medical impairment (for injuries occurring on or after July 1, 2009, if the employer can show that it in good faith complied with employment eligibility and identity verification requirements of federal law when the employee was hired. Increases cap to five times medical impairment rating if the employee can show by clear and convincing evidence that the employer had actual knowledge of unauthorized status of the employee at time of hire or at time of injury. Broadly captioned.
Amendment: Senate amendment 1 rewrites the bill to restrict maximum permanent partial disability claims to one and one-half times the medical impairment rating if an employer verifies the immigration status of the injured employee in the manner directed by the bill. Requires an employer who does not take such steps to pay a sum of five times the medical impairment rating, with sum up to one and one-half times the medical impairment rating to be paid by employee's insurer and additional three and one-half times medical impairment rating to be paid by the employer and become part of uninsured employers fund.
Senate Status: Senate 05/20/2009 passed with amendment 1.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0526 (effective 06/25/2009).
SB 2231 Southerland
HB 2102* Sargent
WORKERS COMPENSATION: Illegal immigrants - workers' compensation benefits. Provides that an employer who did not knowingly hire an illegal immigrant is not required to provide temporary partial disability benefits, permanent partial disability, permanent total disability benefits, or death benefits. Creates a presumption that the employer did not knowingly hire an illegal immigrant when the employer can show, by a preponderance of the evidence, that the employer in good faith complied with the employment eligibility and identity verification requirements of federal law when the employee was hired. Contains broad caption.
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/15/2009.
House Status: Withdrawn in House 04/13/2009.
Other Status: Taken off notice in Oversight Committee on Workers' Compensation 04/09/2009.
SB 2315 Kyle
HB 2324* Curtiss
LABOR LAW: Provisions governing experience ratings for employers. Clarifies that the reserve ratios and premium rates of both the predecessor and successor employers must be recalculated and made effective immediately upon the date of the transfer of the trade or business relative to experience ratings for employers. (Part of Administration Package.)
Amendment: HOUSE AMENDMENT 1 sets the taxable wage base to $7,000 at any time that the
unemployment trust fund balance is greater than $1,000,000,000; to $8,000 during any period after December 31, 2008, when the unemployment trust fund balance is greater than $900,000,000 but lower than or equal to $1,000,000,000; to $9,000 during any period after December 31, 2008, and at any time after such date that the unemployment trust fund balance is lower than or equal to $900,000,000. Adds requirement that the commissioner of labor and workforce development shall report to the general assembly concerning the condition of the unemployment trust fund during the first week of January and the first week of July each year. HOUSE AMENDMENT 2 deletes the language "on all rates in Table 1," in the amendatory language of subsection (g) in Section 11 and substitutes instead the language "on all rates in Tables 1, 2, and 3,". SENATE AMENDMENT 3 raises the taxable wage base from $7,000 to
$9,000. Imposes an additional .6 percent tax for all positive and reserve ratio employers on certain premium rate tables until the Unemployment Trust Fund has a balance exceeding $650,000,000. Establishes an alternative base period for the calculation of unemployment benefits. Authorizes dependent allowances for unemployment benefits. Authorizes eligibility for unemployment benefits for individuals seeking part-time work if such work is for a minimum of 20 hours per week. Replaces the extended benefits trigger from the insured unemployment rate to the total unemployment rate. Deletes the Department of Labor and Workforce Development (LWFD) funding of the Tennessee Job Skills Fee. Establishes new trust fund balances for trigger levels for the Premium Rate Chart for Non-governmental Employers.
Senate Status: Senate 06/12/2009 passed with amendment 3.
House Status: House 06/16/2009 concurred in Senate amendment 3.
Other Status: Enacted as Public Chapter 0550 (effective 06/25/2009).
SB 2338 Black
HB 2346* Halford
PUBLIC FINANCE: Business impact note on general bills. Requires an impact note on general bills affecting business upon request of two or more members of general assembly.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Finance Budget Subcommittee.
