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Today has been set as the deadline for the introduction of new bills for consideration by the 2016 General Assembly. The limitation aims to advance the stated goal of legislative leaders: An earlier spring adjournment.
Media reports observe that the stricter deadlines are having an impact. The 107th General Assembly, spanning from 2011 to 2012, was the last assembly to reign under no bill-introduction restrictions; bills proposed totaled 3,887. In the 108th General Assembly that covered the years 2013 and 2014, bill limits were introduced and introductions dropped to 2,555. In comparison, the current 109th General Assembly has filed 2,479 bills, with even more to be submitted before today's final cutoff.
Committees Short Lived: Several committees in both chambers have a very limited agenda or have been cancelled because of the lack of bills on notice. With a planned adjournment in early to mid-April, committee chairs are encouraging members to put their bills on notice as soon as possible. Because of this, we are expecting extensive committee agendas throughout February.
Gun Legislation Impacting Employer Liability Filed
New gun legislation has been introduced that will negatively impact private employers. SB 1736, proposed by Senator Dolores Gresham and Rep. Jeremy Faison, would impose safety and defense liabilities upon private employers if they, having prohibited the possession of firearms on a property, are unable to prevent harm against handgun carry permit holders that are their employees. This would hold the posting entity, i.e. the employer, liable for the violence committed. SB 1736 has obviously negative implications for businesses in Tennessee - we encourage you to contact members of the Senate Judiciary Committee to voice your concern.
This week Lt. Governor Ron Ramsey told reporters he's generally content with the way things are in relation to the state's gun laws. "I think we've kinda hit a sweet spot on guns. Where we are is working," he said.
Legislation to Increase Trial Lawyer Payments for Workers' Compensation.
Even before the 2013 reforms have fully transpired, legislation has already been filed to increase compensation for trial lawyers in workers' compensation claims. Senator Todd Gardenhire and Rep. Andrew Farmer have introduced SB 1706 that will authorize workers' comp judges to allow attorneys' fees and other costs to be recovered in certain workers' compensation cases. The bill is an expansion of the current requirements under Tennessee law. The Chamber's HR committee will be reviewing the legislation; early analyses indicate that the employer community will oppose the bill. SB 1706 fails to establish any parameters for these payments. Businesses fear that the proposal could produce a scenario in which old claims are reopened by attorneys in attempts to squeeze additional compensation from previous settlements. Chamber members have also questioned any changes that will ultimately increase workers' compensation costs following recent reforms.
House and Senate Find Agreement on Judicial Approval process:
TN Chamber applauds efforts: Rep. John Lundberg (R-Bristol) leads
effort to break stalemate
The uncertainty that has encompassed Tennessee's judicial selection process for over four years seems to be coming to a close, as House and Senate leaders express agreement on a compromise establishing legislative approval for gubernatorial judicial selections. The Tennessee Chamber and other business groups applaud the compromise, since it will maintain Tennessee's judicial appointment process. Chamber members have discerned a notable increase in legal costs for businesses in other states with elected judiciaries.
Rep. Jon Lundberg, who brokered the plan, noted that the plan will require a joint meeting of the House and Senate to confirm or reject a candidate by a simple majority vote. In the event the two chambers differ, the chamber wishing to dismiss the candidate must do so with a two-thirds vote. "I think both bodies were looking at the other, going, 'You could play games with this if you did this," Lundberg said. "This one, if you're going to play games, boy, you're going to have to work really hard and bring on a lot of people. It's not foolproof, but it's really close." Under the plan, 22 of the 33 votes in the Senate would be needed to reject a candidate that the House supports. In the lower chamber, 66 votes would be needed to dump the Senate-approved candidate.
Environment and Energy Update:
Business Input Needed on Special Waste Evaluations
The Tennessee Department of Environment and Conservation (TDEC) is considering the adoption of new guidance standardizing the process for Special Waste evaluations. Pat Flood, Director of Solid Waste Management, and staff will brief the Chamber's Waste Subcommittee on this proposed guidance on February 2nd.
The purpose of this guidance, as stated in the draft, is "...to provide clarification of Rule 0400-11-01-.01(4)(c)1 by identifying categories and characteristics of wastes that require the submittal of a Special Waste Application (form CN-1051) to the Division of Solid Waste Management (DSWM) for evaluation. This guidance derives interpretive authority from Rule 0400-11-01-.01(4)(c)1, which requires generators of waste who wish to process or dispose of a special waste to submit an application to the DSWM for waste evaluation. In addition to the DSWM's regulatory authority to evaluate special waste, the DSWM has the statutory authority, through T. C. A. ยง 68-211-102(b), to develop inspection programs that include "waste streams, baled waste and special waste generators and transporters to prevent the introduction of hazardous waste into solid waste disposal facilities."
Senate Exempts New Cars from Emission Testing
Today, the State Senate overwhelming passed legislation exempting new cars, i.e. three years old or less, from emission inspection requirements. As passed, the Air Pollution Control Board will be the promulgating authority - this change will be effective January 1st of the year following the revised state implementation plan's approval by the US Environmental Protection Agency. The bill is scheduled to be heard in the House Finance Sub on January 27th. The amended legislation will not negatively impact industrial growth submitted in the SIP.
Tennessee Chamber supported Workforce Program looking for increased funding: Chamber supports efforts to expand LEAP
The Tennessee Higher Education Commission is asking lawmakers to expand a $10 million grant program that will pair employers with colleges to develop academic programs tailored to the needs of local job markets. Senator Mark Norris has been the primary champion for the legislation that was supported by the Tennessee Chamber and other business groups.
In a recent report the commission said the Labor Education Alignment Program, which doled out the grant funding to 12 different coalitions late in 2014, had shown "major growth and success in just the first year of implementation." Many of the LEAP grants paid for mechatronics equipment that duplicates the robotic fixtures of a modern assembly line for students who want to go into that field. The commission found that thousands of students across 51 counties had been reached by the first wave of grant funding, including:
-1,591 high school students who took dual-enrollment college courses that were funded or enhanced by a grant.
-630 students who enrolled in community or technical college programs supported by grant-funded equipment and professors.
-13,363 students who participated in extracurricular programming, including internships, clubs, or training.
Senator Norris has noted that the program was motivated by complaints from the Tennessee Chamber and Tennessee manufacturers who couldn't find workers with enough hands-on experience to fill high-tech factory jobs.
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