Update/Memo
This week saw further movement on a number of bills that we are tracking for the Tennessee REALTORS®:
A bill that 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 and 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 (SB178/HB165) has passed the Senate and the House with an amendment which removes the requirement that permit holder connect to public sewer systems after 90 days and requires disclosure of installed subsurface sewage disposal systems under these permits to purchasers. It was passed out of the House Agriculture & Natural Resources Subcommittee with an amendment (004863) that removes the requirement that permits the holder to connect to public sewer systems after 90 days, and requires disclosure of installed subsurface sewage disposal systems under these permits to purchasers.
A bill that requires a residential landlord or a residential home seller to provide a lessee or buyer with the location and contact information for the office of the county election commission and a voter registration form at the time of the execution of the lease or sale (SB1005/HB1221) has been referred to the Senate State & Local Government Committee, and has been taken off notice in House Elections & Campaign Finance Subcommittee.
A bill that creates a homestead exemption for agricultural land, increases aggregate value of real property homestead exemptions while establishing that, in 3-year intervals, the fiscal review committee will recommend to the general assembly increases in the homestead exemption (SB399/HB236), is set to be heard in the Senate Judiciary Committee and in the House Judiciary on April 9th.
A bill that 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 (SB1292/HB370) has been referred to the Senate State & Local Government Committee and failed in the House Public Service & Employee Subcommittee.
A bill that reduces the professional privilege tax each year beginning with the tax year that begins on and after June 1, 2019 and eliminates the professional privilege tax completely for the tax year ending on or after May 31, 2024 (SB491/HB39) was sent to the Senate Finance Revenue Subcommittee and was returned to the full committee with a negative recommendation. That bill has been referred to the House Finance, Ways & Means Subcommittee.
A bill to eliminate the professional privilege tax for the tax year ending on May 31, 2020, and for any subsequent tax years (SB492/HB40) was sent to the Senate Finance Revenue Subcommittee and was returned to the full committee with a negative recommendation. That bill has been referred to the House Finance, Ways & Means Subcommittee.
A bill that adds committing or intending to commit a felony, theft, or assault in a construction that is not open to the public into the definition of burglary (SB83/HB125) was referred to the House Criminal Justice Subcommittee, but has failed in the Senate Judiciary Committee.
A bill that makes the urban brownfield redevelopment project statute applicable to “mid-size and small counties” rather than “large and mid-size counties” (SB355/HB327) was amended to just authorize local governments, airport authorities, and utility districts to regulate the use of tobacco and vapor products in buildings and on property leased by the entity. It has been deferred by the Senate State & Local Government Committee until April 9th, and is scheduled for a hearing in the House Finance, Ways, and Means Committee on April 9th.
A bill that limits recovery of a real property owner who prevails in an action challenging the validity of a lien to only liens filed against certain residential units (SB1172/HB757) was passed through the House Business Committee with an amendment that rewrites the bill and eliminates what a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding recovers. It has been passed in the Senate and the House.
A bill that adds a private process server to the list of individuals authorized to personally serve a copy of a warrant or summons on behalf of a landlord in an action for forcible entry and detainer to regain possession of such landlord’s real property (SB401/HB33) has been passed in the House and in the Senate.
A bill which expands definition of agricultural land for purposes of greenbelt property tax program to include two noncontiguous tracts of land within same county totaling at least 15 acres and split only by public or private road (SB886/HB809) was amended to allow for two non-contiguous tracks of land within the same county, totaling at least 15 acres, including woodlands and wasteland separated only by a road, body of water, or public or private easement, to form as one farming unit to qualify as agriculture land. It has been sent to the Senate Finance, Ways, and Means Committee, and has been placed for consideration behind the budget in the House Finance, Ways, and Means Committee.
A bill which allows the reinstatement of a professional or occupational license if there is submission of an application acceptable to the licensing entity, payment of the full renewal fee for an active license, and payment of any reinstatement penalty that may be required by the licensing entity (SB999/HB1218) has failed in the House Business Subcommittee and in the Senate Commerce and Labor Committee.
A bill that removes incrementally over a three-year period the requirement that 52 percent of the five percent commission retained by county registers for collecting and reporting recordation tax must be remitted to state treasurer and credited to state general fund (SB249/HB229) has been set to be heard in Senate State & Local Government Committee on April 9th, and has been referred to the House Finance Committee.
A bill (SB1361/HB797) that, as amended, does much to decrease the barriers to entry to get into the auction profession by removing licenses and reducing education hours. The bill will allow an auctioneer to sell motor vehicles in a business liquidation without a motor vehicle license and will allow court ordered sales to be online rather than having to take place on the location of the real property. The bill also defines “timed listings” to clarify that an online auction which extends based on bidding activity is considered an auction under the law. This is important because the same duty is owed to consumers and clients whether an auction is conducted online or in-person. An auctioneer must know the same laws and act responsibly no matter which method they choose. We want to give consumers an avenue for recourse through the auctioneer commission without having to hire an attorney if they are wronged through an online auction. That bill has been sent to the House Commerce Committee and to the Senate Finance Committee.
A bill that allows a tenant with a disability who requires the use of a service or support animal to request an exception to a landlord’s policy that prohibits pets or requires payment for pets on the premises (SB1393/HB1190) has been set to be heard in the Senate on April 11th, and passed on the House floor on April 4th. The landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal if the disability is not apparent or the necessity of the service animal is not known. If there is misrepresentation or inaccurate documentation is submitted then the landlord may deny the request and the tenant could be in material noncompliance with the rental agreement.
A bill that makes it illegal for any lessor to lease, let, or rent a dwelling unit to an illegal alien, or allow an occupant who is an illegal alien to reside in a dwelling unit leased or rented by the lessor, knowing or in reckless disregard of the fact that the alien entered or remains in the United States illegally, requires lessor verify citizenship and lawful presence of prospective occupants and maintain verifying documents for at least one year following the occupant ceasing to rent, let or lease from the lessor, establishes punishment for offenses, specifies that the law applies only to contracts to let, lease, or rent dwelling units on or after the effective date of this act, requires law enforcement officers investigating violations of this law request federal verification on whether an occupant is an alien lawfully present in the United States, and prohibits law enforcement officers or agencies from making independent determinations of any occupant’s immigration status (SB1167/HB614), has been sent to summer study by the House Commerce Committee and has been referred to the Senate Commerce and Labor General Subcommittee.
A bill that requires the consideration of the 20-factor test IRS Revenue Ruling 87-41 to determine whether a worker is an independent contractor and whether an employer-employee relationship exists in the arrangement (SB466/HB539) has been set for a hearing in the Senate Commerce & Labor Committee for April 9th, and has passed in the House.
A bill that declares that a person operating a motor vehicle on the highway or any road in Tennessee cannot physically hold or support a wireless communication device or write, send, or read any text-based communication, with exemptions established to someone over the age of 18, prohibits someone operating a motor vehicle from watching a movie or video on a wireless telecommunication device or stand-alone electronic device and prohibits them from recording or broadcasting video on the devices established, and declares it a violation of a Class C misdemeanor subject to a fine not exceeding $50.00, with a $100 fee upon third offense, or a $200 fee if in a work zone with employees present, or a school zone when flashers are in operation (SB173/HB164) has been sent through to the Senate Finance, Ways, and Means Committee, and is set to be heard in the House Finance, Ways, and Means Committee on April 9th.
A bill that clarifies that time-share transferring contracts are voidable by the purchaser for 10 days from the date of the signing of the contract, if the purchaser made an on-site inspection of a component site of the time-share project (SB263/HB230) has been passed in the Senate and in the House.
A bill that requires a landlord to inspect a vacated residential property within 72 hours of when the last tenant vacated such property for abandoned animals left at the rental property, requires landlord to report any abandoned animals found on the vacated rental property to the county or municipal animal shelter, animal control agency or a similar agency, and specifies that it is a Class C misdemeanor offense for a landlord to fail to make the inspection or report (SB1080/HB997) has been referred to the Senate Commerce & Labor Committee, and has been taken off notice in the House Criminal Justice Subcommittee.
A bill that requires the department of environment and conservation to make the sample solar easement instrument accessible to the public through their website (SB1429/HB1290) has been referred to the Senate Commerce and Labor Committee and has been passed in the House Local Committee on April 9th. We were able to work with the sponsors of this legislation to remove a provision requiring approval from all residents to ban a long term lease within the HOA.
A bill that establishes a person who receives certified comprehensive career and technical training in high school and post high school are eligible to receive equivalent credit towards the occupational license related to training (SB571/HB353), has been amended in the House Government Operations Committee to specify applications to all professions and occupations regulated except for certified public accountants, architects and engineers, require that any kind of training be consistent with the requirements for licensure by licensing authorities in order for persons to be eligible for equivalent credit, and allow any person aggrieved by the decision of a licensing authority concerning eligibility for equivalent credit to appeal to the commissioner. That bill is set for a vote in the Senate Commerce and Labor Committee for April 9th, and for a floor vote in the House on April 10th.
A bill that makes various changes to the Right to Earn a Living Act, authorizes an affected person to petition a licensing authority to repeal or modify an entry regulation within its jurisdiction, including entry regulations promulgated relative to statute, and exempts any state agency, regulatory board, commission, council, or committee that regulates a person under certain circumstances (SB196/HB261) is set to go before the Senate State & Local Government Committee on April 9th, and the House Finance, Ways & Means Subcommittee on April 10th.
Weekly Bill Tracker: (View/Download/Print PDF)
Calendar Report
Week of April 8, 2019
Mon 4/8/19 2:00pm – House Hearing Rm I, House Government Operations Committee Regular Calendar
MEMBERS: CHAIR M. Daniel (R); VICE CHAIR I. Rudder (R); R. Williams (R); M. Stewart (D); J. Sexton (R); J. Reedy (R); J. Ragan (R); W. Lamberth (R); J. Lafferty (R); D. Howell (R); G. Hardaway (D); C. Halford (R); B. Dunn (R); K. Camper (D); K. Calfee (R)
| 3. | HB689 Lamar L. | EDUCATION: Eligibility for the Tennessee HOPE scholarship for students who become pregnant. Extends time, for a student who becomes pregnant during the four-month period immediately preceding the date on which the student completes high school in a Tennessee home school program, obtains a GED or HiSET , or graduates from high school, within which the student must be admitted to, and enrolled in, an eligible postsecondary institution to be eligible for a Tennessee HOPE scholarship. Fiscal Note: (Dated February 8, 2019) NOT SIGNIFICANT SB831 – R. Akbari – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 7. | HB252 Freeman B. | GOVERNMENT REGULATION: Requires accommodations for dyslexic applicants for certain licenses. Requires reasonable accommodations to be made for a person applying for a license to engage in an occupation, trade, or profession who is diagnosed with dyslexia. Amendment Summary: House State Committee amendment 1 (006297) moves the effective date from July 1, 2019 to July 1, 2020 and requires an agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination to ensure the provision of appropriate accommodations in accordance with the Americans with Disabilities Acts. Requires a state agency that administers a required examination for licensure to promulgate rules that establish the eligibility criteria that a person must meet for an accommodation to be provided. Exempts examinations mandated and administered pursuant to federal law. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT SB759 – J. Yarbro – 04/03/19 – Set for Senate State & Local Government Committee 04/09/19. |
Mon 4/8/19 4:30pm – Senate Chamber, Senate Consent 2
| 3. | SB668 Akbari R. | EDUCATION: THEC report regarding land-grant institutions of higher education. Requires THEC to provide a report to the general assembly detailing any state and federal funds appropriated to, and any matching funds received by, land-grant institutions of higher education in this state by February 15 of each year. Fiscal Note: (Dated March 20, 2019) NOT SIGNIFICANT HB823 – H. Love Jr. – 04/04/19 – Set for House Education Committee 04/10/19. |
Mon 4/8/19 4:30pm – Senate Chamber, Senate Floor
| 10. | SB801 Johnson J. | EDUCATION: Report on career and technical programs in agriculture, food, and natural resources. Requires the department to submit an annual report to the education committees of both houses on school districts that offer a career and technical education program in agriculture, food, and natural resources, and on students enrolled in the program. Part of Administration Package. Amendment Summary: Senate Education Committee amendment 1 (005516) rewrites the bill and establishes the “Agriculture Education and Youth Participation Task Force”. Requires the nine members of the task force to include commissioners, University of Tennessee faculty members, agricultural educators, and others. Orders the task force to analyze the agricultural education mission in Tennessee, skills in demand in agriculture, investment in STEM education, and other initiatives. The task force must complete its analysis and deliver a report containing its findings and recommendations to the governor and the general assembly no later than February 1, 2020. Senate Education Committee amendment 2 (006396) adds the chairman of the House Agriculture and Natural Resources Committee and the chairman of the Senate Energy, Agriculture and Natural Resources Committee to the task force. Senate Government Operations Committee, House Education Committee amendment 1 (006695) deletes all language after the enacting clause. Creates the Agriculture Education and Youth Participation Task Force. Requires the task force to consist of 11 members from various government departments, higher education, the agricultural industry, elected representatives, and related groups. Requires the task force to analyze and make recommendations related to agricultural education in Tennessee, emerging technologies, and integrating agricultural career readiness goals into the Tennessee Pathways Initiative. Requires the task force to deliver a report to the Governor and the General Assembly by February 1, 2020. Requires DOE to provide administrative support to the task force. Requires the members of the task force to serve without compensation but entitles members to reimbursement for travel costs. Requires the task force to terminate and cease to exist following the delivery of the task force s report to the Governor and the General Assembly. Fiscal Note: (Dated March 9, 2019) NOT SIGNIFICANT HB945 – W. Lamberth – 04/04/19 – Set for House Finance, Ways & Means Subcommittee 04/10/19. |
Mon 4/8/19 5:00pm – House Chamber, House Consent
HEADER: The House will take up the following memorializing resolutions on consent: HR73-76, HJR398-417, SJR345-351, SJR353-368, SJR371.
| 3. | HJR56 Sparks M. | EDUCATION: Urges review of adjunct faculty compensation at public institutions of higher education. Urges review of adjunct faculty compensation at public institutions of higher education. Fiscal Note: (Dated March 14, 2019) NOT SIGNIFICANT – – 04/04/19 – H: Set for House Consent 04/08/19. |
Mon 4/8/19 5:00pm – House Chamber, House Floor
| 21. | HB1087 Bricken R. | LABOR LAW: Revises Public Employee Political Freedom Act of 1980. Revises the present law description of the types of actions that constitute retaliation by a public employer against an employee because the employee communicated with an elected public official. Makes it unlawful for a public employer to terminate or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment solely because such employee exercised that employee’s right to communicate with an elected public official. Under present law, in an action based on a discriminatory practice that is within the jurisdiction of the Tennessee human rights commission, the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, for each complaining party, is capped. The amount of the cap on damages depends on the number of employees that an employer employs. The cap ranges from $25,000 for employers with less than eight employees to $300,000 for employers with 501 or more employees. Replaces authorization to award treble damages under the Public Employee Political Freedom Act of 1980 with the present law caps on compensatory damages that apply to an action based on a discriminatory practice that is within the jurisdiction of the Tennessee human rights commission. Adds that, if a court of competent jurisdiction determines that a party has filed a frivolous lawsuit under the Public Employee Political Freedom Act of 1980, including a suit to harass or economically harm an employer, the court must fine the employee in an amount not to exceed $5,000, at the discretion of the court, and may award reasonable attorneys’ fees and costs to the employer. Amendment Summary: House State Committee amendment 1 (006712) deletes all language after the enacting clause. Revises the Public Employee Political Freedom Act of 1980 by changing from treble damages to compensatory damages as what an employee is entitled, if such employee was disciplined, threatened to be disciplined or otherwise discriminated against by the public employer because such employee exercised that employee’s right to communicate with an elected public official. Fiscal Note: (Dated February 27, 2019) NOT SIGNIFICANT SB569 – J. Bowling – 03/19/19 – Senate Judiciary Committee recommended with amendment 1 (005007). Sent to Senate Calendar Committee. |
Tue 4/9/19 8:00am – House Hearing Rm I, House Health Committee
HEADER: Pursuant to Rule 83 (13), House Health Committee Member Ron Gant has filed written notice that he will move to recall HB 1029 from the Public Health Subcommittee to the Full House Health Committee. Pursuant to this Rule, Representative Gant’s motion to recall HB 1029 is hereby scheduled to be heard at the beginning of the April 9, 2019, House Health Committee meeting. MEMBERS: CHAIR B. Terry (R); VICE CHAIR E. Helton (R); S. Whitson (R); K. Vaughan (R); J. VanHuss (R); R. Smith (R); P. Sherrell (R); J. Sexton (R); C. Sexton (R); L. Miller (D); T. Leatherwood (R); S. Kumar (R); D. Jernigan (D); M. Hill (R); M. Hall (R); R. Gant (R); V. Dixie (D); B. Cooper (D); D. Byrd (R)
| 4. | HB1350 Deberry Jr. J. | PROFESSIONS & LICENSURE: Report on nursing training needs. Requires the board of nursing executive director report on workforce needs for nurses in healthcare institutions and facilities and the need for any beneficial changes to the educational training of nurses in order to meet those needs to the health committees of both legislative houses. Broadly captioned. Amendment Summary: House Facilities, Licensure & Regulations Subcommittee amendment 1 (006560) rewrites the bill. Updates existing statute to authorize a registered nurse first assistant be certified in perioperative nursing or certified as an advanced practice registered nurse and qualified by education and training to perform tasks involved in perioperative nursing, as determined by the Board of Nursing. Fiscal Note: (Dated March 27, 2019) Increase State Expenditures $500,000/One-Time/Board of Nursing Pursuant to Tenn. Code Ann. 4-29-121, all health related boards are required to be self-supporting over a two-year period. The Board of Nursing had an annual surplus of $1,564,664 in FY16-17, an annual surplus of $1,674,535 in FY17-18, and a cumulative reserve balance of $10,142,909 on June 30, 2018. SB1128 – S. Kyle – 04/03/19 – Set for Senate Health & Welfare Committee 04/10/19. |
Tue 4/9/19 9:00am – House Hearing Rm II, House State Committee
HEADER: Final Calendar MEMBERS: CHAIR K. Keisling (R); VICE CHAIR R. Eldridge (R); C. Todd (R); R. Tillis (R); R. Staples (D); J. Shaw (D); B. Sanderson (R); B. Ramsey (R); J. Powell (D); H. Love Jr. (D); M. Littleton (R); J. Lafferty (R); B. Hulsey (R); G. Hicks (R); D. Hawk (R); C. Halford (R); A. Farmer (R); R. Bricken (R); B. Beck (D)
| 4. | HB621 Hulsey B. | GOVERNMENT CONTRACTS: Requirements for the procurement of professional surveying services by a governmental entity. Prescribes the same requirements necessary for the procurement of engineering and architectural services to the procurement of professional surveying services by a governmental entity. Fiscal Note: (Dated March 9, 2019) Other Fiscal Impact A precise impact to state and local government expenditures cannot reasonably be determined due to multiple unknown factors. SB585 – J. Lundberg – 02/07/19 – Referred to Senate State & Local Government Committee. |
| 7. | HB1 Staples R. | ENTERTAINMENT: Authorizes sports betting in certain jurisdictions. Authorizes sports betting in Tennessee in jurisdictions that approve sports betting by local option election. Imposes a ten percent tax on gaming revenue. Distributes 40 percent of the tax to the general fund for general appropriations, 30 percent to Tennessee colleges of applied technologies and community colleges for equipment and capital projects, and 30 percent to local governments for education and infrastructure. Establishes the Tennessee gaming commission to regulate sports betting and authorizes the commission to collaborate with the TBI for purposes of enforcement. Amendment Summary: House State Committee amendment 1 (006419) restricts sports wagering to interactive sports wagering or online wagering. Removes the ability to offer sports wagering through the use of a kiosk. Renames the Tennessee Gaming Commission the Lottery Corporation Gaming Advisory Council. Reduces the membership of the council from nine to five members. Declares that prior to making an appointment to the Corporation, the Governor must submit the name of a potential member to the TBI, requiring the potential member to provide a set of fingerprints. Removes the Council’s authority to employ staff. Increases the nonrefundable annual licensing fee, from $7,500 to $750,000, and requires upon each initial of renewal of licensure, a nonrefundable application fee of $50,000. Stipulates that for every application for licensure or renewal of a license that is approved by the board, the amount of the application fee must be credited towards the licensee’s annual license fee and the licensee shall remit the balance of the annual fee to the corporation upon approval of a license. Establishes that fees collected from licensees must be used by the corporation to pay the actual operating and administrative expenses they incur. Establishes that the Board may not issue more than 10 licenses statewide. Deletes the requirement that each employ of a license hold a permit and concurrently, pay a $250 permit fee. Requires the Corporation and Board to enforce this act and supervise compliance with laws and rules relating to the regulation and control of wagering on sporting events in Tennessee. Adds the definition of “official league data.” Expands the definition of “sporting event” to include motorsports and e-sports. Expands the definition of “wager” or “bet” to include pari-mutuel betting. Increases the privilege tax imposed by this Act, from 10 to 20 percent. Stipulates that 85 percent of privilege tax proceeds be distributed in the Lottery for Education Account and that the remaining 15 percent be distributed to each local government in the state on a per capita basis, as determined by population. Requires that the funds distributed to such local governments be used for local infrastructure, including, without limitation, transportation and road projects and public buildings. Requires a licensee to exclusively use official league data for purposes of live betting. If a licensee can demonstrate to the Commission that such governing body of a sport of sports league or organization, or associate cannot successfully source that is not obtained either directly or indirectly from live, authorized sporting event attendees who collect the data in violation of the terms of admittance to the event or through automated computer programs that compile data from the internet in violation of the terms of service of the relevant website or other internet platforms. Authorizes a bettor to remotely register with a licensee for the purpose of betting via interactive sports wagering, rather than being required to register in-person. Requires licensees to implement commercially and technologically reasonable procedures to prevent access to sports wagering to those, including minors, who are prohibited from participating in sports wagering on its interactive platforms. Fiscal Note: (Dated January 9, 2019) Increase State Revenue – $2,975,500/FY19-20/General Fund $5,951,000/FY20-21/General Fund Exceeds $5,951,000/FY21-22 and Subsequent Years/ General Fund $2,231,600/FY19-20/TBR $4,463,300/FY20-21/TBR Exceeds $4,463,300/FY21-22 and Subsequent Years/TBR Exceeds $412,500/FY19-20 and Subsequent Years/ Tennessee Gaming Commission $3,600/FY19-20/TBI $1,200/FY20-21 and Subsequent Years/TBI Increase State Expenditures Exceeds $269,300/FY19-20/Tennessee Gaming Commission Exceeds $259,500/FY20-21 and Subsequent Years/ Tennessee Gaming Commission $75,200/FY19-20/Department of Revenue $72,000/FY20-21 and Subsequent Years/ Department of Revenue $3,600/FY19-20/TBI $1,200/FY20-21 and Subsequent Years/TBI Increase Local Revenue – $2,231,600/FY19-20/Permissive $4,463,300/FY20-21/Permissive Exceeds $4,463,300/FY21-22 and Subsequent Years/ Permissive Other Fiscal Impact This Act will result in additional jobs and consumption expenditures within the economy, both ultimately resulting in a recurring increase in sales tax revenue collected by state and local government. In addition, this Act will result in a shift in consumer spending from goods and services to sports gaming, including a shift in money spent on lottery tickets in Tennessee to sports gaming. The net shift in consumer spending from goods and services to sports gaming, or the impact on net lottery proceeds, cannot be reasonably determined. Due to multiple unknown factors, any applicable net impact on state and local tax revenue as a result of this Act cannot be reasonably quantified, but is considered to be positive. 2 HB 1 SB 16 In addition, there will be an unknown increase in the number of food and beverage licenses and permits issued, respectively, by state and local governing bodies. An increase in the number of issuances of such licenses and permits will result in additional state and local government tax revenue. Due to multiple unknown factors, any such additional state and local tax revenue cannot be reasonably quantified, but is considered to be positive. To the extent a local government opts to hold a referendum not in conjunction with a regularly-scheduled primary or general election, there will be a permissive increase in local expenditures which will vary based on the size of the local government; however, any such permissive increase in expenditures is estimated to exceed $7,000. SB16 – S. Dickerson – 04/03/19 – Set for Senate State & Local Government Committee 04/09/19. |
| 13. | HB665 Faison J. | MEDIA & PUBLISHING: Prohibits government from entering confidentially agreements on public records. Prohibits governmental entities from entering into confidentiality agreements with regard to public records. Amendment Summary: House Public Service & Employee Subcommittee amendment 1 (006381) deletes and rewrites all language after the enaction clause such that there are no substantive changes to the legislation. Fiscal Note: (Dated February 24, 2019) NOT SIGNIFICANT SB478 – T. Gardenhire – 04/03/19 – Set for Senate State & Local Government Committee 04/09/19. |
| 14. | HB1482 Hardaway G. | GOVERNMENT ORGANIZATION: Performance reviews of state entities by department of audit. Requires audit department, as part of its performance review of state entities to conduct a comprehensive analysis on compliance with Title VI of the Civil Rights Act. Broadly captioned. Amendment Summary: House Department & Agencies Subcommittee amendment 1 (007257) requires the COT to obtain a comprehensive analysis, created by the Tennessee Human Rights Commission (THRC), for any entity receiving certain federal financial assistance. Fiscal Note: (Dated March 11, 2019) NOT SIGNIFICANT SB1294 – M. Pody – 02/11/19 – Referred to Senate State & Local Government Committee. |
Tue 4/9/19 9:30am – Senate Hearing Rm I, Senate State & Local Government Committee
HEADER: The committee will have budget hearings by the TN Housing Development Agency and the TN Historical Commission. MEMBERS: CHAIR S. Dickerson (R); VICE CHAIR R. Briggs (R); 2ND VICE CHAIR T. Gardenhire (R); E. Jackson (R); B. Kelsey (R); S. Reeves (R); D. White (R); K. Yager (R); J. Yarbro (D)
| 13. | SB57 Gilmore B. | PUBLIC EMPLOYEES: Public employment by women with pregnancy-related conditions. 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 HB978 – B. Cooper – 04/03/19 – Taken off notice in House Public Service & Employee Subcommittee. |
| 31. | SB759 Yarbro J. | GOVERNMENT REGULATION: Requires accommodations for dyslexic applicants for certain licenses. Requires reasonable accommodations to be made for a person applying for a license to engage in an occupation, trade, or profession who is diagnosed with dyslexia. Amendment Summary: House State Committee amendment 1 (006297) moves the effective date from July 1, 2019 to July 1, 2020 and requires an agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination to ensure the provision of appropriate accommodations in accordance with the Americans with Disabilities Acts. Requires a state agency that administers a required examination for licensure to promulgate rules that establish the eligibility criteria that a person must meet for an accommodation to be provided. Exempts examinations mandated and administered pursuant to federal law. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT HB252 – B. Freeman – 04/04/19 – Set for House Government Operations Committee Regular Calendar 04/08/19. |
| 43. | SB478 Gardenhire T. | MEDIA & PUBLISHING: Prohibits government from entering confidentially agreements on public records. Prohibits governmental entities from entering into confidentiality agreements with regard to public records. Amendment Summary: House Public Service & Employee Subcommittee amendment 1 (006381) deletes and rewrites all language after the enaction clause such that there are no substantive changes to the legislation. Fiscal Note: (Dated February 24, 2019) NOT SIGNIFICANT HB665 – J. Faison – 04/04/19 – Set for House State Committee 04/09/19. |
| 58. | SB16 Dickerson S. | ENTERTAINMENT: Authorizes sports betting in certain jurisdictions. Authorizes sports betting in Tennessee in jurisdictions that approve sports betting by local option election. Imposes a ten percent tax on gaming revenue. Distributes 40 percent of the tax to the general fund for general appropriations, 30 percent to Tennessee colleges of applied technologies and community colleges for equipment and capital projects, and 30 percent to local governments for education and infrastructure. Establishes the Tennessee gaming commission to regulate sports betting and authorizes the commission to collaborate with the TBI for purposes of enforcement. Amendment Summary: House State Committee amendment 1 (006419) restricts sports wagering to interactive sports wagering or online wagering. Removes the ability to offer sports wagering through the use of a kiosk. Renames the Tennessee Gaming Commission the Lottery Corporation Gaming Advisory Council. Reduces the membership of the council from nine to five members. Declares that prior to making an appointment to the Corporation, the Governor must submit the name of a potential member to the TBI, requiring the potential member to provide a set of fingerprints. Removes the Council’s authority to employ staff. Increases the nonrefundable annual licensing fee, from $7,500 to $750,000, and requires upon each initial of renewal of licensure, a nonrefundable application fee of $50,000. Stipulates that for every application for licensure or renewal of a license that is approved by the board, the amount of the application fee must be credited towards the licensee’s annual license fee and the licensee shall remit the balance of the annual fee to the corporation upon approval of a license. Establishes that fees collected from licensees must be used by the corporation to pay the actual operating and administrative expenses they incur. Establishes that the Board may not issue more than 10 licenses statewide. Deletes the requirement that each employ of a license hold a permit and concurrently, pay a $250 permit fee. Requires the Corporation and Board to enforce this act and supervise compliance with laws and rules relating to the regulation and control of wagering on sporting events in Tennessee. Adds the definition of “official league data.” Expands the definition of “sporting event” to include motorsports and e-sports. Expands the definition of “wager” or “bet” to include pari-mutuel betting. Increases the privilege tax imposed by this Act, from 10 to 20 percent. Stipulates that 85 percent of privilege tax proceeds be distributed in the Lottery for Education Account and that the remaining 15 percent be distributed to each local government in the state on a per capita basis, as determined by population. Requires that the funds distributed to such local governments be used for local infrastructure, including, without limitation, transportation and road projects and public buildings. Requires a licensee to exclusively use official league data for purposes of live betting. If a licensee can demonstrate to the Commission that such governing body of a sport of sports league or organization, or associate cannot successfully source that is not obtained either directly or indirectly from live, authorized sporting event attendees who collect the data in violation of the terms of admittance to the event or through automated computer programs that compile data from the internet in violation of the terms of service of the relevant website or other internet platforms. Authorizes a bettor to remotely register with a licensee for the purpose of betting via interactive sports wagering, rather than being required to register in-person. Requires licensees to implement commercially and technologically reasonable procedures to prevent access to sports wagering to those, including minors, who are prohibited from participating in sports wagering on its interactive platforms. Fiscal Note: (Dated January 9, 2019) Increase State Revenue – $2,975,500/FY19-20/General Fund $5,951,000/FY20-21/General Fund Exceeds $5,951,000/FY21-22 and Subsequent Years/ General Fund $2,231,600/FY19-20/TBR $4,463,300/FY20-21/TBR Exceeds $4,463,300/FY21-22 and Subsequent Years/TBR Exceeds $412,500/FY19-20 and Subsequent Years/ Tennessee Gaming Commission $3,600/FY19-20/TBI $1,200/FY20-21 and Subsequent Years/TBI Increase State Expenditures Exceeds $269,300/FY19-20/Tennessee Gaming Commission Exceeds $259,500/FY20-21 and Subsequent Years/ Tennessee Gaming Commission $75,200/FY19-20/Department of Revenue $72,000/FY20-21 and Subsequent Years/ Department of Revenue $3,600/FY19-20/TBI $1,200/FY20-21 and Subsequent Years/TBI Increase Local Revenue – $2,231,600/FY19-20/Permissive $4,463,300/FY20-21/Permissive Exceeds $4,463,300/FY21-22 and Subsequent Years/ Permissive Other Fiscal Impact This Act will result in additional jobs and consumption expenditures within the economy, both ultimately resulting in a recurring increase in sales tax revenue collected by state and local government. In addition, this Act will result in a shift in consumer spending from goods and services to sports gaming, including a shift in money spent on lottery tickets in Tennessee to sports gaming. The net shift in consumer spending from goods and services to sports gaming, or the impact on net lottery proceeds, cannot be reasonably determined. Due to multiple unknown factors, any applicable net impact on state and local tax revenue as a result of this Act cannot be reasonably quantified, but is considered to be positive. 2 HB 1 SB 16 In addition, there will be an unknown increase in the number of food and beverage licenses and permits issued, respectively, by state and local governing bodies. An increase in the number of issuances of such licenses and permits will result in additional state and local government tax revenue. Due to multiple unknown factors, any such additional state and local tax revenue cannot be reasonably quantified, but is considered to be positive. To the extent a local government opts to hold a referendum not in conjunction with a regularly-scheduled primary or general election, there will be a permissive increase in local expenditures which will vary based on the size of the local government; however, any such permissive increase in expenditures is estimated to exceed $7,000. HB1 – R. Staples – 04/04/19 – Set for House State Committee 04/09/19. |
Tue 4/9/19 10:30am – House Hearing Rm IV, House Higher Education Subcommittee
HEADER: Final Calendar. Items 8-15 on the agenda are from the Lottery Calendar. MEMBERS: CHAIR J. Coley (R); M. Cochran (R); C. Hurt (R); A. Parkinson (D); K. Vaughan (R); M. White (R)
| 1. | HB654 Dunn B. | EDUCATION: Annual report on chairs of excellence program. Requires the annual report on the chairs of excellence program to be submitted by THEC to each member of the education committees of both legislative bodies. Broadly captioned. Fiscal Note: (Dated February 21, 2019) NOT SIGNIFICANT SB471 – F. Haile – 02/07/19 – Referred to Senate Education Committee. |
| 2. | HB759 Moody D. | EDUCATION: Study on the Tennessee comprehensive assessment program, with a focus on the TNReady assessments and end-of-course assessments. Requires the department of education to conduct a study on the Tennessee comprehensive assessment program, with a focus on the TNReady assessments and end-of-course assessments. Declares that recommendations on improving the curriculum will come from the scores and study, focusing on schools improving in English language arts and math. Requires report to be presented by January 1, 2020. Fiscal Note: (Dated March 15, 2019) NOT SIGNIFICANT SB631 – B. Watson – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 3. | HB740 White M. | EDUCATION: THEC – administering grants related to work-based learning programs. Replaces the economic and community development department with the higher education commission as the state agency charged with administering work-based learning programs grants. Fiscal Note: (Dated March 28, 2019) Other Fiscal Impact There will be a shift of $1,000,000 in state funds from ECD to THEC. The net impact to state expenditures is considered not significant. SB1259 – D. Gresham – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 4. | HB638 Coley J. | EDUCATION: Requires cost benefit analyses of higher education. Requires each governing board of a state institution of higher education to perform a cost-benefit analysis for each institution under the governing board’s authority. Requires each governing board to report the results of each cost-benefit analysis performed to the education committee of both legislative houses by October 1 of each year. Broadly captioned. Fiscal Note: (Dated March 30, 2019) Increase State Expenditures $187,000/One-Time/University of Tennessee $1,122,000/One-Time/Locally-Governed Institutions $410,800/Recurring/TN Board of Regents $279,500/Recurring/University of Tennessee $1,202,200/Recurring/Locally-Governed Institutions SB1240 – D. Gresham – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 5. | HB783 Hicks G. | HEALTH CARE: Requires in-state medical students receive priority when scheduling rotations at healthcare facilities receiving state funding. Requires medical students in good academic standing at accredited in state medical colleges receive priority consideration over medical students out of state attending medical colleges when assigning clinical rotations to a healthcare facility accepting state funding. Fiscal Note: (Dated March 21, 2019) NOT SIGNIFICANT SB508 – B. Massey – 04/03/19 – Set for Senate Health & Welfare Committee 04/10/19. |
| 6. | HB707 Thompson D. | EDUCATION: Compensation of adjunct professors. Requires the board of regents, the board of trustees of the University of Tennessee, and the state university boards to create and approve a policy requiring public institutions of higher education to compensate adjunct professors at least $1,000 per credit hour taught. Fiscal Note: (Dated March 12, 2019) Increase State Expenditures Exceeds $5,503,600/Locally-Governed Institutions Exceeds $17,584,000/Community College System Exceeds $1,452,800/University of Tennessee SB775 – J. Yarbro – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 7. | HB1100 Parkinson A. | EDUCATION: THEC – date for publication of TN Postsecondary Education Fact Book. Changes, from March 15 to March 1, the annual date before which THEC must publish the Tennessee Postsecondary Education Fact Book. Broadly captioned. Fiscal Note: (Dated February 9, 2019) NOT SIGNIFICANT SB1021 – J. Yarbro – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 8. | HB497 Hurt C. | EDUCATION: Expands the definition of eligible independent postsecondary institution for scholarship purposes. Expands the definition of “eligible independent postsecondary institution” to include certain private postsecondary institutions for purposes of scholarships and grants funded from net proceeds of the state lottery. Specifies that such private postsecondary institutions are to be accredited and to have been chartered in this state as a not-for-profit entity for at least five consecutive years. Fiscal Note: (Dated February 21, 2019) Increase State Expenditures $1,496,000/FY19-20/Lottery for Education Account Exceeds $1,496,000/FY20-21 and Subsequent Years/Lottery for Education Account Other Fiscal Impact Funding of $1,496,000 in FY19-20 and recurring funding exceeding $1,496,000 in FY20-21 and subsequent years will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. SB441 – M. Bell – 03/20/19 – Taken off notice in Senate Education Committee. |
| 10. | HB880 Dixie V. | EDUCATION: Grow Your Own Teacher Act. Established the Grow Your Own Teacher loan-scholarship program, which is intended to incentivize economically disadvantaged students to become highly skilled and committed teachers in high-needs schools in the LEA from which the loan-scholarship recipient graduates from high school. Requires TSAC to administer a program for select economically disadvantaged students, not to exceed 35 persons per class level per year, who aspire to be teachers in high-needs schools in the LEA from which the student will graduate from high school. Limits participation in the program to 116 loan-scholarship recipients. Fiscal Note: (Dated March 29, 2019) Increase State Expenditures $262,500/FY19-20/Lottery for Education Account $525,000/FY20-21/Lottery for Education Account $787,500/FY21-22/Lottery for Education Account $870,000 FY22-23 and subsequent year/ Lottery for Education Account Other Fiscal Impact Funding of $262,500 in FY19-20, $525,000 in FY20-21, $787,500 in FY21-22, and recurring funding of $870,000 in FY22-23 and subsequent years will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. Any increase in state revenue to the Lottery for Education Account for repayment of scholarship loans beginning in FY23-24 is dependent on the number of students failing to comply with requirements; the precise amounts of funds repaid cannot be specifically determined. However, any such repayment of funds is not expected to cover the outlay of funds awarded. SB676 – B. Gilmore – 02/07/19 – Referred to Senate Education Committee. |
| 11. | HB1425 Rudder I. | EDUCATION: Courses taken under a dual enrollment grant. Increases the number of additional courses a high school student may enroll in at an eligible postsecondary institution from one to two classes if requirements are met. Establishes that a student who receives a dual enrollment grant cannot enroll in more than 10 courses if the grant was provided by the net proceeds of the state lottery. Amendment Summary: Senate Education Committee amendment 1 (005622) changes the effective date to July 1, 2020 and removes the requirement that TSAC cannot award an amount exceeding the cost per credit hour of courses taken at community colleges in the state university and community college system. Requires TSAC’s board of directors to determine the award for a credit hour taken under a dual enrollment grant. Fiscal Note: (Dated February 19, 2019) Increase State Expenditures Exceeds $228,000/FY19-20/Lottery for Education Account Net Impact Exceeds $41,000/FY20-21 and Subsequent Years/Lottery for Education Account Other Fiscal Impact – Funding in an amount exceeding $228,000 in FY19-20, and recurring funding exceeding $41,000 beginning in FY20-21, will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. SB764 – J. Yarbro – 03/20/19 – Senate Education Committee recommended with amendment 1 (005622). Sent to Senate Finance. |
| 12. | HB745 Powers D. | EDUCATION: Increases middle college scholarship. Increases the Tennessee Middle College Scholarship from $600 to $1,000 for full-time attendance for each semester. Fiscal Note: (Dated February 25, 2019) Increase State Expenditures $126,400/Lottery for Education Account/FY19-20 Exceeds $126,400/Lottery for Education Account/FY20-21 and Subsequent Years Other Fiscal Impact Funding of $126,400 in FY19-20, and recurring funding exceeding $126,400 in FY20-21 and subsequent years, will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. SB1379 – K. Yager – 03/19/19 – Senate Finance, Ways & Means Committee deferred to 03/26/19. |
| 13. | HB1381 Williams R. | EDUCATION: TSAC reporting on eligibility for TN HOPE scholarship and other data. Requires TSAC to report the number of students obtaining eligibility for a Tennessee HOPE scholarship for achieving a final overall weighted high school grade point average of at least 3.0 and attaining a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date each academic year beginning with the 2017-2018 academic year. Orders submission of the report to the education committee of the senate and the education committee of the house of representatives, and the report made publicly available on its website, no later than October 15 of each year. Fiscal Note: (Dated March 13, 2019) NOT SIGNIFICANT SB1453 – P. Bailey – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 14. | HB1199 White M. | EDUCATION: Eligibility for the Wilder-Naifeh technical skills grant. Extends eligibility for receipt of Wilder-Naifeh technical skills grants to students who are attending certain independent postsecondary institutions and who are otherwise eligible for such grants. Fiscal Note: (Dated March 13, 2019) Increase State Expenditures $221,000/Lottery for Education Account Other Fiscal Impact Recurring funding of $221,000 will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. SB977 – B. Kelsey – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 15. | HB980 White M. | EDUCATION: Annual report required by THEC. Clarifies that THEC may submit its annual report on the condition of THEC to the governor and the general assembly in an electronic format. Broadly captioned. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT SB691 – E. Jackson – 02/07/19 – Referred to Senate Education Committee. |
Tue 4/9/19 1:00pm – Senate Hearing Rm I, Senate Commerce & Labor Committee
HEADER: Final Calendar. The committee will have budget hearings by the TN Dept of Financial Institutions and the TN Public Utilities Commission. MEMBERS: CHAIR P. Bailey (R); VICE CHAIR A. Swann (R); 2ND VICE CHAIR J. Lundberg (R); R. Akbari (D); D. Gresham (R); J. Johnson (R); F. Niceley (R); S. Southerland (R); B. Watson (R)
| 3. | SB571 Bowling J. | EDUCATION: School credits relative to occupational training. Establishes a person who receives certified comprehensive career and technical training in high school and post high school are eligible to receive equivalent credit towards the occupational license related to training. Amendment Summary: House Government Operations Committee amendment 1 (006603) specifies application to all professions and occupations regulated except for certified public accountants, architects and engineers. Requires any kind of training be consistent with the requirements for licensure by licensing authorities in order for persons to be eligible for equivalent credit. Allows any person aggrieved by the decision of a licensing authority concerning eligibility for equivalent credit to appeal to the commissioner and insurance or the commissioner’s designee for a determination of whether the training meets the requirements for licensure. Orders commissioner of commerce and insurance, state board of education and various departments charged with supervision of licensing authorities to promulgate rules. Fiscal Note: (Dated February 24, 2019) NOT SIGNIFICANT HB353 – M. Daniel – 04/04/19 – Set for House Floor for 04/10/19. |
| 20. | SB324 Johnson J. | CONSTRUCTION: Payment rights of contractors and subcontractors. Prohibits a written contract to have a condition precedent for payment clause where the prime contractor is not required to pay the remote contractor due to contract or until they are paid by the construction owner. Declares that if payment is not received, work by contractor can be suspended until received. Makes other revisions relative to the payment rights of contractors and subcontractors. Amendment Summary: House Business Subcommittee amendment 1 (004904) defines “subcontractor.” Establishes requirements of notices to owners from all lienors, expect laborers, and subcontractors of a remote contractor or materialman. Declares that a written contract between a prime contractor and a remote contractor cannot include a condition precedent for payment clause stating the prime contractor is not obligated to pay the remote contractor for performing in accordance with the contract unless the prime contractor is paid by the owner, with exceptions established. Declares upon an owner’s default or refusal to pay, the right to recovery is limited to the contractor’s expenses incurred under contract, that if an owner doesn’t pay a prime contractor within seven days, the prime contractor can stop work upon seven days of written notice, and if an owner doesn’t pay a remote contractor within 15 days, the remote contractor can stop work upon 15 days of written notice. Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT HB271 – R. Gant – 03/26/19 – Returned to House clerk’s desk. |
Tue 4/9/19 1:30pm – House Hearing Rm I, House Judiciary Committee
HEADER: Final Calendar. The committee will meet to take up bills, and then recess until Wednesday April 10th to take up the remaining bills. MEMBERS: CHAIR M. Curcio (R); VICE CHAIR J. Garrett (R); A. Farmer (R); M. Littleton (R); B. Mitchell (D); B. Ogles (R); A. Parkinson (D); J. Potts (D); I. Rudder (R); B. Sanderson (R); P. Sherrell (R); J. Towns Jr. (D); J. VanHuss (R); W. Lamberth (R); C. Johnson (R); B. Hulsey (R); B. Beck (D); K. Camper (D); M. Carter (R); M. Daniel (R); C. Doggett (R); R. Eldridge (R); J. Faison (R); B. Griffey (R); D. Howell (R)
| 11. | HB626 Lamberth W. | MEDIA & PUBLISHING: Record requests that constitute harassment. 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. Amendment Summary: House Civil Justice Subcommittee amendment 1 (006325) rewrites the bill. A court may, upon finding a request constitutes harassment, issue an order allowing the government entity to change the requestor for future records for a period of one year. Requires the government entity to provide a written report to the office of open records no later than three months after the petition is made. Adds a request to copy a public record as grounds for petitioning a harassment claim. Changes the definition of “harassment” to include 12 or more public records requests in a one-year period, rather than three. Adds a definition of “legitimate purpose” as including, but not limited to, gathering information for the purpose of publication, investigating, or using the information for commercial purpose. Fiscal Note: (Dated March 19, 2019) NOT SIGNIFICANT SB590 – J. Hensley – 04/03/19 – Set for Senate Judiciary Committee 04/09/19. |
Tue 4/9/19 3:00pm – Senate Hearing Rm I, Senate Judiciary Committee
MEMBERS: CHAIR M. Bell (R); VICE CHAIR J. Lundberg (R); 2ND VICE CHAIR D. White (R); J. Bowling (R); T. Gardenhire (R); S. Kyle (D); K. Roberts (R); K. Robinson (D); J. Stevens (R)
| 4. | SB590 Hensley J. | MEDIA & PUBLISHING: Record requests that constitute harassment. 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. Amendment Summary: House Civil Justice Subcommittee amendment 1 (006325) rewrites the bill. A court may, upon finding a request constitutes harassment, issue an order allowing the government entity to change the requestor for future records for a period of one year. Requires the government entity to provide a written report to the office of open records no later than three months after the petition is made. Adds a request to copy a public record as grounds for petitioning a harassment claim. Changes the definition of “harassment” to include 12 or more public records requests in a one-year period, rather than three. Adds a definition of “legitimate purpose” as including, but not limited to, gathering information for the purpose of publication, investigating, or using the information for commercial purpose. Fiscal Note: (Dated March 19, 2019) NOT SIGNIFICANT HB626 – W. Lamberth – 04/04/19 – Set for House Judiciary Committee 04/09/19. |
Wed 4/10/19 11:00am – House Hearing Rm III, House Finance, Ways & Means Subcommittee
MEMBERS: CHAIR A. Holt (R); J. Deberry Jr. (D); P. Hazlewood (R); G. Hicks (R); M. Hill (R); S. Lynn (R); B. Ogles (R); C. Sexton (R); J. Shaw (D)
| 24. | HB945 Lamberth W. | EDUCATION: Report on career and technical programs in agriculture, food, and natural resources. Requires the department to submit an annual report to the education committees of both houses on school districts that offer a career and technical education program in agriculture, food, and natural resources, and on students enrolled in the program. Part of Administration Package. Amendment Summary: Senate Education Committee amendment 1 (005516) rewrites the bill and establishes the “Agriculture Education and Youth Participation Task Force”. Requires the nine members of the task force to include commissioners, University of Tennessee faculty members, agricultural educators, and others. Orders the task force to analyze the agricultural education mission in Tennessee, skills in demand in agriculture, investment in STEM education, and other initiatives. The task force must complete its analysis and deliver a report containing its findings and recommendations to the governor and the general assembly no later than February 1, 2020. Senate Education Committee amendment 2 (006396) adds the chairman of the House Agriculture and Natural Resources Committee and the chairman of the Senate Energy, Agriculture and Natural Resources Committee to the task force. Senate Government Operations Committee, House Education Committee amendment 1 (006695) deletes all language after the enacting clause. Creates the Agriculture Education and Youth Participation Task Force. Requires the task force to consist of 11 members from various government departments, higher education, the agricultural industry, elected representatives, and related groups. Requires the task force to analyze and make recommendations related to agricultural education in Tennessee, emerging technologies, and integrating agricultural career readiness goals into the Tennessee Pathways Initiative. Requires the task force to deliver a report to the Governor and the General Assembly by February 1, 2020. Requires DOE to provide administrative support to the task force. Requires the members of the task force to serve without compensation but entitles members to reimbursement for travel costs. Requires the task force to terminate and cease to exist following the delivery of the task force s report to the Governor and the General Assembly. Fiscal Note: (Dated March 9, 2019) NOT SIGNIFICANT SB801 – J. Johnson – 04/04/19 – Set for Senate Floor 04/08/19. |
| 30. | HB1058 Clemmons J. | EDUCATION: Teacher Residency Program Grant Act. Requires the department of education to establish and administer a program of grants for university teacher preparation programs and LEAs to create and implement innovative teacher residency programs in conjunction with a school-implemented, team-based leadership model that supports teacher residents in learning the craft of teaching. Specifies that the grants will be three year grants and requires the department to establish an application process for the grant program. Fiscal Note: (Dated March 18, 2019) Increase State Revenue Exceeds $2,250,000/Teacher Residency Grant Fund Increase State Expenditures Exceeds $2,362,500/General Fund Exceeds $2,250,000/Teacher Residency Grant Fund Increase Local Revenue Exceeds $2,250,000/Permissive Increase Local Expenditures Exceeds $2,250,000/Permissive SB936 – J. Yarbro – 04/03/19 – Set for Senate Education Committee 04/10/19. |
Wed 4/10/19 12:30pm – Senate Hearing Rm I, Senate Education Committee
HEADER: Final Calendar MEMBERS: CHAIR D. Gresham (R); VICE CHAIR B. Kelsey (R); 2ND VICE CHAIR R. Akbari (D); M. Bell (R); R. Crowe (R); S. Dickerson (R); F. Haile (R); J. Hensley (R); J. Lundberg (R)
| 4. | SB631 Watson B. | EDUCATION: Study on the Tennessee comprehensive assessment program, with a focus on the TNReady assessments and end-of-course assessments. Requires the department of education to conduct a study on the Tennessee comprehensive assessment program, with a focus on the TNReady assessments and end-of-course assessments. Declares that recommendations on improving the curriculum will come from the scores and study, focusing on schools improving in English language arts and math. Requires report to be presented by January 1, 2020. Fiscal Note: (Dated March 15, 2019) NOT SIGNIFICANT HB759 – D. Moody – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 11. | SB1229 Bowling J. | EDUCATION: Changes the deadline for TSAC’s annual report. Changes the date by which TSAC must annually report research and data concerning the Tennessee promise scholarship program, including student success and scholarship retention, to the education committees of the general assembly, from March 15 to March 1. Fiscal Note: (Dated February 9, 2019) NOT SIGNIFICANT HB1365 – T. Weaver – 04/03/19 – Taken off notice in House Education K-12 Subcommittee. |
| 15. | SB1453 Bailey P. | EDUCATION: TSAC reporting on eligibility for TN HOPE scholarship and other data. Requires TSAC to report the number of students obtaining eligibility for a Tennessee HOPE scholarship for achieving a final overall weighted high school grade point average of at least 3.0 and attaining a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date each academic year beginning with the 2017-2018 academic year. Orders submission of the report to the education committee of the senate and the education committee of the house of representatives, and the report made publicly available on its website, no later than October 15 of each year. Fiscal Note: (Dated March 13, 2019) NOT SIGNIFICANT HB1381 – R. Williams – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 19. | SB775 Yarbro J. | EDUCATION: Compensation of adjunct professors. Requires the board of regents, the board of trustees of the University of Tennessee, and the state university boards to create and approve a policy requiring public institutions of higher education to compensate adjunct professors at least $1,000 per credit hour taught. Fiscal Note: (Dated March 12, 2019) Increase State Expenditures Exceeds $5,503,600/Locally-Governed Institutions Exceeds $17,584,000/Community College System Exceeds $1,452,800/University of Tennessee HB707 – D. Thompson – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 21. | SB1021 Yarbro J. | EDUCATION: THEC – date for publication of TN Postsecondary Education Fact Book. Changes, from March 15 to March 1, the annual date before which THEC must publish the Tennessee Postsecondary Education Fact Book. Broadly captioned. Fiscal Note: (Dated February 9, 2019) NOT SIGNIFICANT HB1100 – A. Parkinson – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 22. | SB936 Yarbro J. | EDUCATION: Teacher Residency Program Grant Act. Requires the department of education to establish and administer a program of grants for university teacher preparation programs and LEAs to create and implement innovative teacher residency programs in conjunction with a school-implemented, team-based leadership model that supports teacher residents in learning the craft of teaching. Specifies that the grants will be three year grants and requires the department to establish an application process for the grant program. Fiscal Note: (Dated March 18, 2019) Increase State Revenue Exceeds $2,250,000/Teacher Residency Grant Fund Increase State Expenditures Exceeds $2,362,500/General Fund Exceeds $2,250,000/Teacher Residency Grant Fund Increase Local Revenue Exceeds $2,250,000/Permissive Increase Local Expenditures Exceeds $2,250,000/Permissive HB1058 – J. Clemmons – 04/04/19 – Set for House Finance, Ways & Means Subcommittee 04/10/19. |
| 30. | SB1175 Dickerson S. | EDUCATION: THEC – data to be included in the Tennessee postsecondary education fact book. Requires the higher education commission to include data from the Tennessee Promise scholarship program in the annual Tennessee postsecondary education fact book. Broadly captioned. Amendment Summary: House Higher Education Subcommittee amendment 1 (007008) rewrites the bill and requires each institution of higher education to develop and implement a suicide prevention plan for students, faculty, and staff. The plan must be developed in consultation with campus mental health professionals and suicide prevention experts as well as identify procedures related to suicide prevention, intervention and postvention. Allows institutions to seek assistance in developing the plan and information on the development of training programs from an organization that engages in a variety of initiatives to improve crisis services and advance suicide prevention. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT HB1354 – M. Cochran – 04/04/19 – Set for House Education Committee 04/10/19. |
| 32. | SB977 Kelsey B. | EDUCATION: Eligibility for the Wilder-Naifeh technical skills grant. Extends eligibility for receipt of Wilder-Naifeh technical skills grants to students who are attending certain independent postsecondary institutions and who are otherwise eligible for such grants. Fiscal Note: (Dated March 13, 2019) Increase State Expenditures $221,000/Lottery for Education Account Other Fiscal Impact Recurring funding of $221,000 will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. HB1199 – M. White – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 36. | SB319 Hensley J. | EDUCATION: Funding of dual enrollment grant program. Declares it is the intent of the general assembly that the dual enrollment grant program be fully funded before any funds in the lottery for education account are transferred to the Tennessee Promise scholarship endowment fund. Fiscal Note: (Dated March 28, 2019) Increase State Expenditures Exceeds $8,127,900/FY19-20/ Lottery for Education Account Net Impact Exceeds $7,389,500/FY20-21 and Subsequent Years/ Lottery for Education Account Other Fiscal Impact – Funding in an amount exceeding $8,127,900 in FY19-20, and recurring funding exceeding $7,389,500 beginning in FY20-21, will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. HB111 – S. Cepicky – 04/04/19 – Set for House Education Committee 04/10/19. |
| 38. | SB670 Hensley J. | EDUCATION: Alternative graduation pathways for public high school students. Requires the state board of education, in consultation with the department of education, THEC, and the board of regents of the state university and community college system, to develop and adopt two alternative graduation pathways for public high school students, one designated the college preparatory track and one designated the technology track, to be implemented in all public high schools beginning with the 2020-2021 school year. Fiscal Note: (Dated March 2, 2019) Other Fiscal Impact Possible mandatory recurring increases in local government expenditures beginning in FY20-21; the extent of any such impact cannot be reasonably determined.* HB802 – K. Haston – 04/02/19 – Taken off notice in House Education Curriculum, Testing & Innovation Subcommittee. |
| 41. | SB831 Akbari R. | EDUCATION: Eligibility for the Tennessee HOPE scholarship for students who become pregnant. Extends time, for a student who becomes pregnant during the four-month period immediately preceding the date on which the student completes high school in a Tennessee home school program, obtains a GED or HiSET , or graduates from high school, within which the student must be admitted to, and enrolled in, an eligible postsecondary institution to be eligible for a Tennessee HOPE scholarship. Fiscal Note: (Dated February 8, 2019) NOT SIGNIFICANT HB689 – L. Lamar – 04/04/19 – Set for House Government Operations Committee Regular Calendar 04/08/19. |
| 45. | SB1239 Gresham D. | GOVERNMENT ORGANIZATION: Study on cost of higher education. Requires office of research and education accountability (OREA) to study and report on the costs associated with attending higher education programs. Requires report to be filed by February 1, 2020. Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT HB115 – M. Sparks – 04/04/19 – Taken off notice in House Calendar & Rules Committee. |
| 46. | SB1240 Gresham D. | EDUCATION: Requires cost benefit analyses of higher education. Requires each governing board of a state institution of higher education to perform a cost-benefit analysis for each institution under the governing board’s authority. Requires each governing board to report the results of each cost-benefit analysis performed to the education committee of both legislative houses by October 1 of each year. Broadly captioned. Fiscal Note: (Dated March 30, 2019) Increase State Expenditures $187,000/One-Time/University of Tennessee $1,122,000/One-Time/Locally-Governed Institutions $410,800/Recurring/TN Board of Regents $279,500/Recurring/University of Tennessee $1,202,200/Recurring/Locally-Governed Institutions HB638 – J. Coley – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
| 50. | SB1259 Gresham D. | EDUCATION: THEC – administering grants related to work-based learning programs. Replaces the economic and community development department with the higher education commission as the state agency charged with administering work-based learning programs grants. Fiscal Note: (Dated March 28, 2019) Other Fiscal Impact There will be a shift of $1,000,000 in state funds from ECD to THEC. The net impact to state expenditures is considered not significant. HB740 – M. White – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
Wed 4/10/19 2:30pm – Senate Hearing Rm I, Senate Health & Welfare Committee
HEADER: Final Calendar. The committee will have a budget hearing by TennCare. MEMBERS: CHAIR R. Crowe (R); VICE CHAIR F. Haile (R); 2ND VICE CHAIR S. Reeves (R); J. Hensley (R); E. Jackson (R); B. Massey (R); A. Swann (R); B. Watson (R); J. Yarbro (D)
| 10. | SB1128 Kyle S. | PROFESSIONS & LICENSURE: Report on nursing training needs. Requires the board of nursing executive director report on workforce needs for nurses in healthcare institutions and facilities and the need for any beneficial changes to the educational training of nurses in order to meet those needs to the health committees of both legislative houses. Broadly captioned. Amendment Summary: House Facilities, Licensure & Regulations Subcommittee amendment 1 (006560) rewrites the bill. Updates existing statute to authorize a registered nurse first assistant be certified in perioperative nursing or certified as an advanced practice registered nurse and qualified by education and training to perform tasks involved in perioperative nursing, as determined by the Board of Nursing. Fiscal Note: (Dated March 27, 2019) Increase State Expenditures $500,000/One-Time/Board of Nursing Pursuant to Tenn. Code Ann. 4-29-121, all health related boards are required to be self-supporting over a two-year period. The Board of Nursing had an annual surplus of $1,564,664 in FY16-17, an annual surplus of $1,674,535 in FY17-18, and a cumulative reserve balance of $10,142,909 on June 30, 2018. HB1350 – J. Deberry Jr. – 04/04/19 – Set for House Health Committee 04/09/19. |
| 35. | SB508 Massey B. | HEALTH CARE: Requires in-state medical students receive priority when scheduling rotations at healthcare facilities receiving state funding. Requires medical students in good academic standing at accredited in state medical colleges receive priority consideration over medical students out of state attending medical colleges when assigning clinical rotations to a healthcare facility accepting state funding. Fiscal Note: (Dated March 21, 2019) NOT SIGNIFICANT HB783 – G. Hicks – 04/04/19 – Set for House Higher Education Subcommittee 04/09/19. |
Wed 4/10/19 3:00pm – House Hearing Rm I, House Education Committee
HEADER: HB1276 has been added to the calendar by suspension of the rules on the House Floor on 04/04/19. MEMBERS: CHAIR M. White (R); VICE CHAIR K. Haston (R); C. Baum (R); D. Moody (R); A. Parkinson (D); J. Ragan (R); I. Rudder (R); J. Sexton (R); K. Vaughan (R); T. Weaver (R); R. Williams (R); J. Windle (D); H. Love Jr. (D); T. Leatherwood (R); D. Byrd (R); S. Cepicky (R); M. Cochran (R); J. Coley (R); J. Deberry Jr. (D); V. Dixie (D); B. Dunn (R); J. Hodges (D); C. Hurt (R)
| 4. | HB592 Lamberth W. | EDUCATION: Annual report on implementation of minimum physical activity requirements for students. Changes the date, from October 1 to September 1, by which the office of coordinated school health in the department of education is required to provide an annual report on the implementation of the minimum physical activity requirements for elementary, middle, and high school students to the education committees of the general assembly. Broadly captioned. Amendment Summary: House Education Curriculum, Testing & Innovation Subcommittee amendment 1 (005513) adds requirements that the health and lifetime wellness academic standards adopted by the state board of education regarding instruction to students on the aspects of positive relationships, appropriate refusal skills, healthy dating, sexual activity, or sexuality also require students to (1) identify the potential outcomes of engaging in sexual behaviors, (2) discuss the alternatives of an unplanned pregnancy, (3) discuss the consequences associated with teen pregnancy, and (4) examine the lifelong responsibilities and requirements of parenthood. Fiscal Note: (Dated March 28, 2019) NOT SIGNIFICANT SB591 – F. Haile – 02/07/19 – Referred to Senate Education Committee. |
| 16. | HB111 Cepicky S. | EDUCATION: Funding of dual enrollment grant program. Declares it is the intent of the general assembly that the dual enrollment grant program be fully funded before any funds in the lottery for education account are transferred to the Tennessee Promise scholarship endowment fund. Fiscal Note: (Dated March 28, 2019) Increase State Expenditures Exceeds $8,127,900/FY19-20/ Lottery for Education Account Net Impact Exceeds $7,389,500/FY20-21 and Subsequent Years/ Lottery for Education Account Other Fiscal Impact – Funding in an amount exceeding $8,127,900 in FY19-20, and recurring funding exceeding $7,389,500 beginning in FY20-21, will not be available for transfer from the Lottery for Education Account to the Tennessee Promise Special Reserve Account. SB319 – J. Hensley – 04/03/19 – Set for Senate Education Committee 04/10/19. |
| 21. | HB823 Love Jr. H. | EDUCATION: THEC report regarding land-grant institutions of higher education. Requires THEC to provide a report to the general assembly detailing any state and federal funds appropriated to, and any matching funds received by, land-grant institutions of higher education in this state by February 15 of each year. Fiscal Note: (Dated March 20, 2019) NOT SIGNIFICANT SB668 – R. Akbari – 04/04/19 – Set for Senate Consent 2 04/08/19. |
| 24. | HB769 Moody D. | EDUCATION: Annual report on self-administered medications and healthcare procedures. Changes from October 31 to October 1 the date by which the departments of education and health are required to jointly compile an annual report to the governor and the general assembly of self-administered medications and healthcare procedures. Broadly captioned. Amendment Summary: Senate Education Committee amendment 1, House Education Curriculum, Testing & Innovation Subcommittee amendment 1 (006601) requires the education department create a literacy coach pilot program to begin in the 2019-2020 school year and conclude at the end of the 2022-2023 school year for the purpose of awarding grants to eligible districts for the provision of school-based coaches in literacy and math for teachers in pre-kindergarten through grade three that focus on improving instructional quality and coherence in Tennessee’s lowest performing elementary schools. Requires the department develop a grant application program and requires that eligible districts match the grant, totaling $39,000, on a dollar-for-dollar basis. Requires that the school-based coaches possess a valid license to teach and serve for 3 academic years providing in-depth coaching on high-literacy practices, and in the third year of the program, provide in-depth coaching in mathematics. Requires that school-based coaches have experience as a highly effective teacher, demonstrated knowledge of child development, and the ability to pass a foundations of reading test. Requires the department contract with a high-quality vendor with experience in coaching classroom teachers on curricula and formative assessments, using data to analyze and improve instruction, on conducting instructional reviews, classroom observations, and student work analysis, to create a training program for school-based coaches, which each school-based coach must participate in. Requires the department create a coaching network for school-based coaches which, at least twice yearly, will provide school-based coach evaluations that reflect progress for each grade level. Requires the department report their findings and recommendations to the education committees of both legislative houses by July 1, 2024. Fiscal Note: (Dated February 21, 2019) NOT SIGNIFICANT SB1187 – B. Kelsey – 04/03/19 – Senate Education Committee recommended with amendment 1 (006601). Sent to Senate Finance. |
| 31. | HB1354 Cochran M. | EDUCATION: THEC – data to be included in the Tennessee postsecondary education fact book. Requires the higher education commission to include data from the Tennessee Promise scholarship program in the annual Tennessee postsecondary education fact book. Broadly captioned. Amendment Summary: House Higher Education Subcommittee amendment 1 (007008) rewrites the bill and requires each institution of higher education to develop and implement a suicide prevention plan for students, faculty, and staff. The plan must be developed in consultation with campus mental health professionals and suicide prevention experts as well as identify procedures related to suicide prevention, intervention and postvention. Allows institutions to seek assistance in developing the plan and information on the development of training programs from an organization that engages in a variety of initiatives to improve crisis services and advance suicide prevention. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT SB1175 – S. Dickerson – 04/03/19 – Set for Senate Education Committee 04/10/19. |
