Business insider su 14 by Marketing Christoph

Business Insider | Summer 2014

Business Insider Tennessee Chamber of Commerce & Industry

Summer 2014

In this issue:

Tennessee Chamber Releases 108th Legislative Session Votes and Scorecard Tax Procedures State Chamber launches Prosperity Project

Tennessee Scholars Celebrates with Governor Haslam

Business Insider | Summer 2014

G What’s Happening in Tennessee ? Tennessee Gas Utility fleets usage in gallons for 2013 65,393 gallons This is equivalent to approximately 4,000 barrels of oil displaced. NATIONAL AVERAGE PRICE: May 2013 Which would you rather pay?

NATURAL GAS $2.14

GASOLINE $3.60

(cngprices.com)

(www.eia.gov)

Pat Riley, General Manager w w w . g i b s o n c o u n t y g a s . c o m P O B o x 3 5 0 , Tr e n t o n , T N 3 8 3 8 2 P: 731-855-1441 F: 731-855-1454

“ T h i s i n s t i t u t i o n i s a n e q u a l o p p o r t u n i t y p r o v i d e r, a n d e m p l o y e r. ”

Business Insider | Summer 2014

Executive Committee Clay Thompson, Chairman, Caterpillar, Inc. Miles Burdine, Kingsport Chamber, Chair of Ed. & Workforce Development Committee Jane Covington, Chair of Public Affairs Committee, CSX Transportation Larry Denbrock, Chair of Mfg. Excellence Council, ASSA ABLOY Door Group Eva Lynne Disbro, Chair of Human Resources Committee, McKee Foods Corporation Catherine Glover, President, Tennessee Chamber of Commerce & Industry Carl Hartley, Chair of Taxation Committee, Baker, Donelson, Bearman, Caldwell David Locke, At Large Member, BlueCross BlueShield of Tennessee Kelly McCreight, Secretary-Treasurer, Hamilton-Ryker Co Chris Moore, Chair of Environment & Energy Committee, Alcoa, Inc. William Ozier, Immediate Past Chairman, Bass, Berry & Sims, PLC Spencer Sessions, Past President TEDC, TVA Bettye Sisco, President of TCCE, Farragut/West Knox Chamber of Commerce Steven Taylor, General Legal Counsel, FedEx.

Board Members

In this issue Page 6 Tennessee Scholars Celebrates with Gov. Haslam in Wilson County

Page 7 Tennessee Prosperity Project

Page 8 Tennessee Chamber delivers Environment & Energy wins Page 9 Tax and related legislation Page 11 Tennessee Chamber General Assembly legislative outcomes

East Region: Deron Allen, Tennessee American Water Company Diana Bullock, Electric Power Board of Chattanooga Jon Carley, Snap-on Tools Robert Gagliano, BASF Corporation Jim Mulroy, Jackson Lewis PC Charley Poe, Eastman Chemical Company Mike Sommi, Provision Health Partners Richard Walters, Whirlpool Corporation

Pae 30 Multiple Award Contracts good for Tennessee, good for business

Middle Region: Jeff Bates, TA Staffing Loren Chumley, KPMG, LLP Patrick Mayer, Volkswagen Group of America, Inc. Rhedona Rose, Tennessee Farm Bureau Federation James Spradley, Standard Candy Company, Inc. Michael Stagg, Waller John Walker, Walker Die Casting, Inc. West Region: Willie Gregory, Nike, Inc. Richard Holland, Packaging Corporation of America Lisa Jenkins, Valero Memphis Refinery Gregory Martz, DuPont Bry Roberson, EnSafe, Inc. Rick Schreiber, BDO Rebecca White, LyondellBasell Industries At Large: Eddie Davidson, Piedmont Natural Gas Company Beth Fortune, Vanderbilt University Jeffery Hollett, John Deere Power Products Teresa Lewis, Embraer Aircraft Maintenance Services Andrea Lindsley, dvl Donald McClellan, Brown-Forman/Jack Daniel Distillery Bryance Metheny, Burr & Forman LLP Mike Robbins, US Bank Max Shilstone, Clean Line Energy Partners LLC Former Chairs: Wes Blumenshine Scott Becker Crawford Gallimore D. Lynn Johnson Chris Karbowiak John Van Mol

Staff Catherine Glover

President

Renuka Christoph

Director of Marketing and Communications

Carolyn Davis

Special Events Assistant

Rosie Dykes

VP of Administration

Bob Gaskill

Consultant

Bradley Jackson

Vice President for Government Relations &

Community Affairs

Melissa Jenkins

Assistant to the President

Brian Jones

Director of Investor Development

Suzie Lusk

Associate Vice President of Event

Management

Nyanza Northington Front Desk Receptionist Berton Pinkham

Investor Development Manager, East TN.

Shannon Tate

Account Administrator

Ruth Woodall

Associate VP for Education/Workforce Dvpt.

For Advertising, please contact: Carolyn Davis carolyn.davis@tnchamber.org Published by the Tennessee Chamber of Commerce & Industry 611 Commerce Street, Suite 3030 Nashville, TN 37203-3742 The Business Insider is published three times a year. Please visit www.tnchamber.org for archived issues.

On the cover

Catherine Glover, Tennessee Chamber of Commerce & Industry president, Lt. Gov. Ron Ramsey, House Speaker Beth Harwell Cover Photos/layout: Renuka Christoph

Business Insider | Summer 2014

A Message from the President

Chairman’s Corner

Clay Thompson

On behalf of the entire Board of Directors, I would like to thank you for your ongoing support of the Tennessee Chamber of Commerce & Industry. The Chamber represents a combined workforce of over 215,000 employees, advocating for a pro-business climate. Our organization has served for more than 100 years as the state’s leading voice in business and manufacturing. The results speak for themselves. Tennessee boasts one of the most competitive business environments in the country. We cannot, however, stand still. There are still important policy areas in which Tennessee must improve in order to keep pace in an increasingly global economy. With that in mind, areas of focus I see for the Chamber in the next year include: • Promote Common Core standards among legislators and across the state to ensure that our schools are providing Tennesseans with the opportunity to compete effectively in an increasingly global job market; • Work with state organizations on additional initiatives to build and enhance workforce skills; • Focus on initiatives that grow the Chamber’s policy involvement in areas such as manufacturing, taxation, environmental regulation and human resource policy. 4

I am confident we can continue to drive improvement in the state’s business environment. The Chamber, through its dedicated staff, plays an important role through policy advocacy, and services to investors such as access to relevant workshops and seminars. Several upcoming opportunities are listed in this issue and on our new website. However, even the Chamber cannot be successful alone. It is critical that all of us as individual business leaders engage with political leadership directly, and encourage our employees to do the same, in order to ensure that our priorities are heard and understood in next year’s legislative session. At the end of the day, Democracy relies on a well-informed electorate to drive legislative accountability. Another service the Chamber provides in that regard is the Legislative Wrap-Up featured in this edition of Business Insider. In it, we highlight the actual votes of individual legislators on issues that the Chamber determined were most important to business from the recently completed 2013-2014 legislative session. As a community leader with an important stake in enhancing the business climate in Tennessee, I hope you take the time to review this information and share it with your employees. I’m honored and excited to inherit the Chairman’s gavel and look forward to the challenge of building on past success. With that in mind, I would also like to extend my thanks to my friend and colleague, and the outgoing Chairman Wes Blumenshine for the outstanding work he did during his tenure. I have big shoes to fill.

Catherine Glover

It’s been a dynamic, successful and aggressive spring and summer at the state chamber. We’ve just publicly launched our much anticipated 108th Legislative Session Scorecard and voting records document (see inside pages), and are pleased to demonstrate an impressive return on investor’s dollars, showing a very successful bill lobbying record. Although it can be challenging to quantify, the results we produce at the Capitol help our business climate and result in real savings for our investors. As a workplace, the Tennessee Chamber of Commerce & Industry has also received an impressive recognition, as one of Nashville Business Journal’s, “Best Places to Work”. We attribute this success to a team of professionals who work together to brainstorm, share issue expertise, strategize, and focus on the importance of collaboration in the workplace, especially when working towards the common value proposition we offer to our investors, “access, influence & protection”. We do what we can to ensure that the work environment at the chamber is conducive to success. Summer is going to be a very busy time, as we research and subsequently support candidates running for reelection/ election, during summer primaries. We expend a great

deal of care and detail when deciding which candidates will receive Chamber PAC support. Remember, although we don’t directly endorse candidates, we do everything in our power to ensure that the most pro-business candidates are elected to office. Shameless plug: Please send your PAC dollars in today. The more we are able to influence, the heartier our wins in the legislature will be in the 109th! Speaking of pro-business… We’re about to launch a statewide initiative that is designed to help mitigate the current and anticipated workforce issues surrounding having a skilled, credentialed and ready talent pipeline to fill the hundreds of job openings in the many fields supporting advanced manufacturing in Tennessee. Dream it. Do it. Tennessee is designed to shore up the necessary workforce to support the exciting and dynamic manufacturing renaissance in our great state. We’ll have a lot more to come on this impactful initiative in our fall/winter edition of the Business Insider. But until then, look for some detailed updates the last week of September/first week of October, as we hold events across the state dedicated to creating a paradigm shift and a new excitement surrounding jobs in manufacturing! I’d be remiss if I didn’t close this column with a thank you to all of our dedicated issue experts (committee and council members) across the state (more than 400 altogether), that provide their knowledge and resources to help the state chamber support business and industry in Tennessee. Respectfully,

Business Insider | Summer 2014

The Tennessee Chamber of Commerce & Industry

benefit your company?

connect

How does

opportunity

e e rag sourc force e v le k re ial re wor c u cr futu

Blue Cross Blue Shield

Our membership in the Chamber provides us an important forum to discuss emerging issues that impact the entire state. As a business and engaged corporate citizen of Tennessee, the Chamber enables us to connect and work with key stakeholders who share the common goal of moving our great state forward. Businesses who participate in the Chamber have the opportunity and access to explore partnerships and affiliations that may not have otherwise been available for them to pursue. Being a Chamber investor allows you to leverage those relationships to the benefit of your company as well as your customers.

Nissan

The TN Chamber is a member-driven organization that focuses on the evolving priorities of Tennessee companies. In order to compete in the 21st century, the Chamber has taken a strategic leadership role in meeting future workforce needs and promoting policies that spur economic growth. The Chamber has been invaluable in creating synergies and best practice sharing among leading companies across the state.

Pathway Lending

Pathway Lending builds our business by providing the right mix of financial and advisory services to Tennessee businesses. So, staying attuned to the challenges and opportunities facing the business community is essential to our success. The Tennessee Chamber of Commerce & Industry is a crucial resource to understanding these needs. Their training events and communications provide critical insights on market trends, policy, and the financial and advisory needs of the business community, all of which helps us make smarter business decisions.

C enter for IndustrIal servICes www.CIs.tennessee.edu

Business Insider | Summer 2014

Tennessee Scholars Celebrates with Governor Haslam in Wilson County “As governor, you get invited to a lot of places. The reason I chose to be here is due to the academic success you’ve all achieved. It will be important for your future, and your volunteer service displays an amazing willingness to help others. “I’m here to congratulate you, to thank you and to challenge you,” Governor Haslam

Joined in celebration by guest speaker Governor Bill Haslam, the 2014 Ten-

nessee Scholars graduating class from Wilson County was honored for academic achievements and impressive community service performance. Sue Vanatta, president of the Lebanon-Wilson County Chamber, expressed her admiration for the program and its participants. “The Tennessee Scholars program offers better jobs, stronger candidates for certain types of financial aid

and scholarships, and with the parent’s encouragement and support, students succeed in this challenging academic program,” stated Vanatta. The Tennessee Scholars program, led by Ruth Woodall, celebrates 10 strong years of success. This initiative is one of the most powerful workforce development programs that starts preparing future employees beginning in the ninth grade. It is currently operating in 94 of Tennessee’s 95 counties.

Catherine Glover, TCCI president, Sue Vanatta, Lebanon Wilson County Chamber president and Ruth Woodall, TCCI Assoc. VP for Education and Workforce Development

Students from Wilson County proudly display certificates

Tennessee Chamber Encourages Mentoring Through TN Achieves

Recently Governor Haslam signed into law his Tennessee Promise initiative that was approved by overwhelming majorities in the legislature. Tennessee Promise is a breakthrough workforce development program allowing high school graduates to attend a community or technical college free of cost. The Tennessee Chamber and other business groups supported passage of the landmark legislation that is a major component of the Governor’s Drive to 55 initiative aiming to ensure that 55% of Tennesseeans have a post-secondary degree by 2025. Alyce Burdine, who recently interned with the Tennessee Chamber, is now working as a field representative for TN Achieves and pointed out the opportunity for our business

community to assist with mentoring. One major stumbling block for students to achieve success is the requirement to fill out the burdensome FAFSA. Many students do not have the ability or knowledge to complete this potentially voluminous document and need assistance. How can you help? TN Achieves is in need of about 5,000 volunteers to mentor high school students across the state of TN for the class of 2015. Mentors are the most critical piece to the Governor’s TN Promise. Anyone over the age of 21 can be a mentor. It requires very little time, so even the busiest person can do it! It will help a few deserving students through the college admission process. We encourage you to register at www.tnachieves. org/mentor-application.

Business Must

Engage Employees

Business Insider | Summer 2014

on Policy and Elections to Succeed Welcome to the Prosperity Project!

h By Greg Casey, President and CEO, BIPAC h

Our nation was founded

on the principles of free enterprise and individual prosperity. Throughout our history, the link between this economic freedom and the quality of life of every American has been demonstrated time and time again. Today, every business in the country is impacted by public policy. Laws and regulations have a direct impact on the bottom line of every employer. Our system of government is engaged in a constant struggle between creating the right environment for jobs and prosperity, and throttling economic growth. Business can’t afford to sit on the sidelines of this battle. It must capitalize on its most valuable advantage: its relationship with employee-voters. Research consistently demonstrates that employees rate their employer as the most credible source of information about public policy, politics and elections, when that information is relevant to their job, their company and their own economic well-being. The American business community needs to reach these individuals every day with messages about how those topics impact economic growth and competitiveness. But the reality is, not enough businesses and employers take the simple steps they could that would ensure those employees are educated about the issues, involved in the debate, and motivated to take action. After the 2012 presidential election, only 12 percent of private-sector employees said they could recall seeing information from their employers about the importance of issues and politics. A look at the numbers from that year underscores this fact. In 2012, just over 130 million Americans

voted. At the same time, there were 112.6 million employees in the private sector -but only 62.4 million exercised their right to vote. Among self-employed voters, only

6 million of a total of approximately 10 million voted. Just by reaching more employee-voters -- individuals who are persuadable on economic issues and amenable to messages bolstering free enterprise -- business could educate and motivate almost 54 million more votes. The effect on public policy and politics in our nation would be transformational. Leaders in the business community recognized this opportunity a number of years ago. In response, they created a program with tools, content and technology to help employers and business groups reach their audiences with important information about issues, policies and elections. This tool is the Prosperity Project, or “P2.” Now, the Tennessee Chamber of Commerce and Industry has partnered with BIPAC and other national, state and local-level participants to bring the Prosperity Project to employers and employees across the Volunteer State. Prosperity Project is a non-partisan, educational tool that any business entity can

access and use. There is no cost to access the tools provided by the Tennessee Chamber. It does not tell people how to vote. It helps communicate effectively with employees, members, suppliers, consumers and others, with objective and credible messages. It respects the individual’s right to choose, but helps them make an informed choice. Most importantly, it engages a key constituency that can support the business community in producing better outcomes for growth and job creation in America. Any business entity can access Prosperity Project tools from the Tennessee Chamber today at tnchamber.org/ legislation. There, individuals can learn about issues, find and contact their elected officials, view candidate information, register to vote or request an early ballot, and more. Throughout the year, additional elements to engage employee-voters will be added to build interest and enthusiasm.

Taking the first step is easy

Simply provide your audience the link:

tnchamber.org/legislation/prosperity project

As the Tennessee P2 effort grows, the Tennessee Chamber and BIPAC will share additional information and resources, including posters, graphics, sample messages and social media content. BIPAC welcomes the Tennessee Chamber of Commerce and Industry as one of the newest partners in the national effort to educate employees and produce better outcomes in public policy and elections. Check it out today! 7

Business Insider | Summer 2014

Tennessee Chamber Delivers Strong Legislative and Regulatory Wins in Environment and Energy Areas

The mission of state chamber’s environment and energy programs is to ensure that

business and industry have a Chris Moore (ALCOA) Chair of Environmental & Energy Committee

throughout both TDEC’s regulatory processes and in the legislature.

For the Chamber’s government affairs team, all three branches of government have kept us busy over the last few months. I am proud to announce that even though there have been challenges, the Chamber has had some positive wins and provided a strong voice for industry in both arenas.

of its members—that is, you. Thank you for your participation; it is the core reason why the Chamber is the voice of business in our state and why Tennessee is consistently ranked as one of the best states in the nation for business.

Most importantly, the Chamber has been actively engaged in TDEC regulatory rule changes, policy and guidance proposals, and budget amendments from the executive branch; court decisions, amicus briefs, and petitions to the judicial branch; and, of course, scores of bills before the legislative branch. Many thanks are due to the active participation, input, and direction of members of the Chamber’s Environment and Energy Committee (E&E Committee) and its subcommittees covering air, energy, remediation, waste, and water issues. Before I get into the battles fought and won, let me reinforce this critical point: the important environmental and energy work of the Chamber is only possible because of the active, engaged, and thoughtful participation

Recently, TDEC proposed rule changes affecting a variety of industries and Chamber members in Tennessee. The Chamber E&E Committee and its subcommittees have been actively engaged, providing comments on TDEC’s proposed rules changing fees for Title V operating permit holders and various water quality and aquatic resources alteration permit holders, and on the proposed changes to the solid waste reduction and planning rules. Through our comments, we ensure that TDEC is treating regulated industry fairly and assessing fees in an equitable and a transparent manner. We also appeared before the state legislature’s Joint Government Operations Committee to discuss the Chamber’s position on these changes. Based on Chamber investor input and

strong voice

TDEC Regulatory and Policy Activity

because of our legislative involvement, these proposals were recommended for passage with approval. In addition, we filed a Petition for Rulemaking on the statute of limitations relative to air construction permitting decisions. Proposed rules responding to our concerns are expected in the immediate future. TDEC recently approached the Chamber about working toward a long-term fee plan that will stabilize the Title V program of the Division of Air Pollution Control (DAPC) while not harming industry in Tennessee. Our engagement with DAPC has focused on seeking a new path forward that avoids penalizing the good corporate citizens of our state with increased fees simply because their emissions are decreasing. We are pleased that Division staff has been responding favorably to our suggestions and will have more updates on this collaboration soon. There have been a number of other important policy developments for Chamber investors in the environment and energy arena: cont’d. on page 29

Business Insider | Summer 2014

2014 Tax and Related Legislation Carl E. Hartley, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Chattanooga Office During the 2014 Session, 108th General Assembly, the Legislature considered several tax and related initiatives before adjourning in late April, 2014. Although the number of tax and related initiatives considered by the Legislature this Session was not as large as in prior Sessions, several important initiatives were enacted this year. The following is a general summary of just some of the more notable initiatives that were enacted during 2014.

State State Tax Procedures Amended Procedures for contesting taxes that are collected or administered by the Tennessee Department of Revenue (“Department”) are generally found in Chapter 1, Title 67, Tennessee Code Annotated. Starting with the 2013 Session, the Department prepared legislation focused on updating and clarifying various state tax procedures, and circulated that draft to the Tennessee Chamber of Commerce & Industry and other business and professional organizations for comments. Thereafter, the Tennessee Chamber as well as such other organizations worked closely with the Department in an effort to expand taxpayer rights and protections. These efforts resulted in 2014 Public Chapter No. 854, effective January 1, 2015, which includes (among others) the following provisions: A. Potential for Compromising Tax Liabilities. The Department’s Commission-

er is authorized to compromise tax liabilities in the interest of the State, provided that the Comptroller of the Treasury or the Attorney General can require that such compromise be subject to prior review and written approval from those Offices. B. Concept of “Proposed Assessment.” The current procedures are amended so that in most situations the Department will issue a notice of proposed assessment (the finality of which can be contested by the taxpayer) as compared to the current law under which the Department issues a notice of assessment (which is contestable to reverse the finality of the assessment). At least one intent of this change is to allow taxpayers to have the opportunity to contest the Department’s position prior to the finality of an assessment, thereby hopefully avoiding the possible adverse consequences that a current notice of assessment may have on a taxpayer’s business affairs. C. Requesting Informal Conference. The taxpayer can contest a proposed assessment either by timely requesting an informal conference or timely filing suit in the appropriate chancery court. As to the informal conference, current law is unchanged in that the taxpayer must make written request for such conference within thirty days. Under current law the thirty days begins from the date of the notice of assessment, whereas this new law starts such timing after the date of the notice of proposed assessment. Further, under this new law the taxpayer can request the conference not only to dis-

cuss the proposed assessment but also, at the Department’s discretion, may discuss a final assessment or discuss the denial or deemed denial of a claim for refund. The informal conference does not, however, toll any period of limitation applicable to a final assessment or refund claim. D. Interest on Deficiency. Under the new law, no interest shall accrue on any deficiency during the period beginning on the eleventh day after the conclusion of the informal conference and ending upon issuance of the decision relative to said conference. E. Informal Conference Characteristics. There are a number of characteristics that have been statutorily enacted by this new law regarding the conduct of the conference itself, just some of which include that the: (i) personnel conducting the conference shall exercise independent judgment with the objective of resolving the dispute without litigation; (ii) informal conference personnel shall not engage in ex parte communications with the Department’s audit division but may ask ministerial, administrative or procedural questions of said divisions that do not address substantive issues in the audit; (iii) informal conference decisions shall not be considered as precedent; and (iv) informal conference personnel may recommend a compromise of the proposed assessment to the Commissioner. F. Published Guidance Authorized. The Department is authorized to publish 9

Business Insider | Summer 2014

or otherwise publicize guidance to taxpayers with respect to conference decisions. However, such conference decisions cannot be considered as precedent in any instance, nor as guidance unless published pursuant to this authorization granted to the Department; and, in any event, such publication cannot be construed as authorizing the disclosure of confidential return or tax information. G. Filing Lawsuit. Current law requires a calculation of various time periods in order to determine the deadline for filing suit in chancery court in the event that a taxpayer has requested an informal conference but disagrees with the conference decision. This new law revises that calculation process and simply directs that the Department shall advise the taxpayer of the right to file suit in the appropriate chancery court to challenge the final assessment and collection of the tax “within ninety (90) days from the date such assessment becomes final.” The purpose of that particular revision is to provide clarity in determining the lawsuit deadline date.

Sales and Use A. Transportation Fuel Equity Act. A Federal District Judge ruled in 2013 that the sales tax imposed upon dyed diesel fuel used by railroads to power locomotives violated 49 U.S.C. § 11501, federal statute that prohibits states from discriminatorily taxing railroads. While the State has appealed that decision to the Sixth Circuit Court of Appeals, the Legislature during the 2014 Session sought to resolve the controversy through legislation which provides a sales tax exemption for such fuel but at the same time imposes a new cents per gallon tax on dyed diesel fuel used in Tennessee by certain commercial carriers to produce power for a means of transportation. As the result of amendments to the initial legislation, the new tax is only imposed upon railroads. This new tax is administered by the Department and the monies collected are to be deposited by the Department in a separate account currently known as the Transportation Equity fund. It is uncertain as to whether the final version of the foregoing legislation, Public Chapter No. (SB 2076/HB 1769), with its particular effective 10

date provisions, will in fact effectuate a resolution of these disputes. B. Importing Boat for Personal Use. Public Chapter No. (SB 2549/HB 2402), to be effective July 1, 2014, provides an exemption from the sales and use tax for any boat, motorboat or other vessel to be used or stored in Tennessee by any person who has been a bona fide resident of another state, has moved to and become a resident of Tennessee, and has caused that vessel to be imported into Tennessee -- provided that certain conditions apply and that the vessel be used solely for personal use and has a fair market value of less than $10,000 at the time that the vessel is imported.

Property

A. Delinquent Property Tax Procedures Revised. Public Chapter No. 883, effective July 1, 2014, makes numerous revisions in current Tennessee law dealing with delinquent property tax procedures, including: (i) revises the successor liability statutes under which a purchaser of a business may be personally liable for the payment of all personal property taxes, interest and penalties which are unpaid on account of the operation of the business by any former owner; (ii) revises the characterization of penalties assessed on delinquent property taxes for bankruptcy purposes, and re-characterizes such penalties as the assessment of interest in such circumstances; (iii) revises and expands Tennessee law dealing with the enforcement of property tax liens through in rem proceedings; (iv) declares that the payment of a delinquent tax by a method such as a check which fails to clear, or similar circumstances, will not result in the dismissal of a delinquent property tax lawsuit, and that obtaining an official tax receipt by use of a method of payment which results in a failure of payment shall be prima facie evidence of intent to defraud and shall constitute criminal contempt of the court in which the delinquent property tax lawsuit is pending; (v) completely revises and restates Tennessee law with respect to a person’s rights to redeem property sold at a tax sale (such right must be exercised within one year from the entry of the order confirming the sale), and the procedures and conditions for such a redemption; (vi) revises Tennessee law with respect to the distribution of

excess proceeds from a property tax sale so as to provide that a person claiming an ownership therein shall be required to record a document effecting such ownership to be considered in conjunction with the distribution of excess proceeds; and (vii) declares that, except as stated otherwise under specific sections of Tennessee law, no public official, governmental entity or court shall have the power or authority to waive, compromise, remit, prorate, apportion or release property taxes, penalty, interest or court costs nor the first lien securing the same. B. Other Property Tax Revisions. There were several other tax related laws enacted during the 2014 Session, including: (i) Public Chapter No. 738, effective April 22, 2014, which requires that the application for registration or renewal submitted by certain nonresident persons representing taxpayers before the state board of equalization, shall constitute appointment of the Tennessee Secretary of State as the applicant’s agent upon whom process may be served in any action or proceeding against the applicant arising out of any services performed by the applicant while a registrant within Tennessee; (ii) Public Chapter No. 708, effective April 15, 2014, which authorizes the county trustee of certain counties to enter into an agreement with the clerk of the court where suit has been filed for the collection of delinquent taxes, such that the county trustee may continue to collect delinquent property taxes (including penalty, interest, fees and costs) on all property included on the delinquent property list delivered to the delinquent tax attorney appointed for filing suits until the time such properties are sold in a delinquent tax sale, provided that such collections are paid over to the court clerk to be allocated as if collected by the clerk; and (iii) Public Chapter No. 599, effective July 1, 2014, which requires that with respect to notices to parties or others in a delinquent tax suit, and if there is any remainder after the proceeds of the sale have been distributed according to law, the notice provided to such parties shall also give notice of the amount of the division of such proceeds and the remainder. Other Tax Related Legislation A. Small Estates for Inheritance Tax Purposes. Public Chapter No. 808, effective January 1, 2014, provides that the probate cont’d. on page 29

Business Insider | Summer 2014

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

By Bradley Jackson Vice President for Government Relations & Community Affairs

Now that the 108th General

We continue to remain on a strong

Assembly has come to a close and the

path for education reform that in-

dust has settled, it is time to review

cludes accountability measures and

all business related legislation from

the enactment of groundbreaking

2013 and 2014 and look at how the

workforce initiatives and improve-

Chamber and business community

ments in our overall business cli-

fared. Overall, the 108th General As-

mate.

sembly produced strong results for

pro-business legislators, was also

business and we are proud to share

able to beat back negative legislation

our accomplishments in this edition

that would have harmed our busi-

of the Business Insider.

ness climate.

The Chamber along with

You will see a comprehensive listing

As always, the Chamber’s success

of all bills the Chamber worked on

and Tennessee’s economic success is

categorized by issue, the Chamber

contingent on your engagement and

position and the outcome of the bill.

participation in our political pro-

We hope you will take time to review

cess. We know that because of your

our key vote analysis, which shows

engagement, the Chamber and busi-

how our legislature performed on a

ness community remain a powerful

number of important business agen-

force in Tennessee politics.

da items. In addition, we highlight

We hope you enjoy this edition of

the most important races to watch

the Business Insider. Please do not

over the summer and fall.

hesitate to contact us here at the

For the 108th, we were able to pass comprehensive workers’ compensa-

“Growth in business investment correlates directly with growth in jobs. Congratulations to the Tennessee Chamber of Commerce & Industry for its strong focus on both.” Frederick W. Smith, founder, chairman, president and CEO of FedEx

Chamber at 615-256-5141 if we can answer any questions.

tion reform and unemployment reforms that ensure our fund solvency. 11

Business Insider | Summer 2014

Key Terms

Pseudoephedrine Limits

Limits Abusive Patent Litigation

Telehealth Insurance Coverage

Employment Litigation Reform

Tennessee Promise

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

Restricts Labor Union Activites on Private Property

**Vote to Defeat Am. 1 Eroding Employment at Will

Exempts Steel Slag from Solid Waste

Enacts Lawsuit Funding Regulation

Amended Bill Delaying Common Core Education Standards

* Restricts Disruptive Activities of Labor Unions

* Discontinues Common Core Education Standards

* Elected School Superintendent

State Authorizer for C harter Schools

Labor Education Alignment Program

Requires Fiscal Note to Include Business Impact Statements

Reduces Litigation for Wage Regulation Act Disputes

Unemployment Insurance Reform

Workers' Comp Reform

Legislator

Key House of Representative Votes : 2013 – 2014 Session

+ – + – + + + + – – + + + + – –

+ + – + + + + + + + – + + + + +

+ + + + + + + + + + + + + + + +

+ + + + + + NV + + + + + + + + +

+ PNV + + NV + + + + – – + NV NV + –

+ + NV + + + + NV + + + – + – + +

– + + + + + + + + + – – + + – + + + – + + + + + + – + – – – + + + + – –

+ + + – NV + + + + + + + + + NV + + + + – NV + + + + + + + + + + + + + + +

+ NV + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +

+ + + + – NV + + NV + – NV + + – + + NV – + + + + + + – + – + + – + + + – +

+ + + + + – + + + + + + + + NV + + + + + + + + + – + + + + + + + + + + +

+ Voted With Us - Voted Against Us NV Not Voting PNV Present Not Voting 2013 2014 Speaker Beth Harwell Akbari, Ramuesh Alexander, David Armstrong, Joe E. Bailey, Paul Brooks, Harry Brooks, Kevin Butt, Sheila Calfee, Kent Camper, Karen D. Carr, Dale Carr, Joe Carter, Mike Casada, Glen Coley, Jim Cooper, Barbara Curtiss, Charles Dean, Vince DeBerry, John J. Dennis, Vance Doss, Barry Dunn, Bill Durham, Jeremy Eldridge, Jimmy A. Evans, Joshua G. Faison, Jeremy Farmer, Andrew Favors, JoAnne Fitzhugh, Craig Floyd, Richard Forgety, John Gilmore, Brenda Goins, Tilman Halford, Curtis Hall, Steve Hardaway, G.A. Harrison, Michael Hawk, David Haynes, Ryan A. Hill, Matthew Hill, Timothy Holt, Andy Jernigan, Darren Johnson, Curtis G. Johnson, Gloria Jones, Sherry Kane, Roger Keisling. Kelly Lamberth, William Littleton, Mary Lollar, Ron Love, Jr., Harold M. Lundberg, Jon

+ + NV + + + + – + + + + + – + + – + + + + + + NV + – – + + NV + + + – + + + + + + – + – – + + + + + – +

+ + + NOT IN OFFICE + + – – + + NOT IN OFFICE + + + NV + + + + + + + + – + + + + + + + + + + NV + + + + + + – + + – + + + + + – + + + + + + + + + + + + + + + + + + + + + + + + NV + – + + – + + + + + + + + NV + + + + + + + + + + + NV + + + + + + + + + + + + + + + + + + NV + NV + + + + + – + + – + + + + + NV + + + + + + + + NV + + – + + + + +

+ + + + + + + NV + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +

+ – + – + + + + + – – + + + + – + + + + + + + – + + – – NV NV PNV + + + NV + + + NV + + – + – – + – + + + – +

–

NV – – – – + – – – – – – – – – –

+ + + + PNV – NV + – PNV – – – + PNV –

– NV – – + – – – – – – – – + NV – – – – – – + – – – – + – – + – – – – NV +

+ + – + + + + PNV – – – + + + + + + – + – – + – – – + + + + + – + + – – –

+ + + NV + – + NV + + + NV NV NV + NV + – + NV + + + – NV + + + + + + NV NOT IN OFFICE + + NV – + + + – + NV + – + – + – + + + + + + + NV + – NV + + NV + – + + + – + – + + + – + + + – + – + + + + + + + + + + + NV + – + + + + + – NV NV + +

Unemployment Insurance Reform: SB0783/HB0639 Revises unemployment insurance, including provisions governing the collection of overpayments. Reduces Litigation for Wage Regulation Act Disputes: SB1295/ HB1223 Limits employer liability of Tennessee’s Wage Regulation Act and ensures that no additional judicial right of action can be brought in state court. Requires Fiscal Note to Include Business Impact Statements: HB0220/ SB0116 Bill will ensure the fiscal impact of proposed legislation on business is included in fiscal impact statements. Labor Education Alignment Program (LEAP): SB1330/HB1276 Creates the Labor Education Alignment Program to allow students to apply occupational training and academic experience toward attaining post-secondary credentials for employment in high technology industries. State Authorizer for Charter Schools: SB0830/HB0702 Establishes a state authority to authorize and renew charter schools. Elected School Superintendent: SB0916/’HB0741 (House committee vote) SB 1702/HB1824 (Senate Committee Vote) Provides for reestablishment of elected office of school superintendent for county or city school systems. (committee vote) Restricts Disruptive Labor Activities of Labor Unions: SB1661/ HB1668 Adds new criminal offenses involving mass picketing and targeted residential picketing (committee vote) Discontinues Common Core Educational Standards: HB2332/ SB2405 Discontinues Common Core education standards. (committee vote) Amended Bill Delaying Common Core: SB1266/HB1129 Adopted amendment #5 delaying further implementation of Common Core Standards for two years. Enacts Lawsuit Funding Regulation: SB1360/HB1242 Enacts the “Tennessee Lawsuit Funder Consumer Protection Act.”

Business Insider | Summer 2014

Telehealth Insurance Coverage: SB2050/HB1895 Allows health insurance carrier to provide coverage under a health insurance policy for healthcare services delivered through telehealth. Employment Litigation Reform: SB2126/HB1954 Protects employers from abusive employment litigation practices and establishes caps for certain employment litigation-related damages. Tennessee Promise: SB2471/HB2491 Governor Haslam’s proposal to allow Tennessee high school graduates to attend free a two-year community or technical college. Popular Election of Attorney General SJR123: Created an additional statewide elected office of attorney general and reporter. Businesses operating in other states note elected attorneys general often increases business litigation costs. Creates Civil Cause of Action and Erodes Employment at Will: SB1733/ HB 1667 Proposed bill would have created an additional cause of action against employers and eroded Tennessee’s employment at will for all gun permit holders. (Judiciary committee vote)

+ + + + + + + + – + + NV NV + + + + + + NV + + – + + – + + NV + + – + + – + + – + NV + + + + + NV + + + NV + NV – + + + + + + + + + + + + + + + + + + – + – + + + + + + + + + + + NV – + – + + – + + NV + + + + NV NV + + + + + – + + – + + + + + NV + + + + + + + + + + + – + + + + + + + + + + + + – 92-0 61-23-1 87-8

Tennessee Promise

NV + + + + + + + + + + + + + + + + + NV + + + + + + + + NV + + + + + + + + + + + + + + + + + + + 95-0

Employment Litigation Reform

Pseudoephedrine Limits

Restricts Labor Union Activites on Private Property

**Vote to Defeat Am. 1 Eroding Employment at Will

Exempts Steel Slag from Solid Waste

Enacts Lawsuit Funding Regulation

Amended Bill Delaying Common Core Education Standards

* Discontinues Common Core Education Standards

* Elected School Superintendent

* Restricts Disruptive Activities of Labor Unions

State Authorizer for C harter Schools

Labor Education Alignment Program

Reduces Litigation for Wage Regulation Act Disputes

Workers' Comp Reform

Telehealth Insurance Coverage

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

Limits Abusive Patent Litigation

Pseudoephedrine Limits: SB1751/ HB1574 Vote to adopt overly burdensome pseudoephedrine purchase limits harming manufacturers and legitimate consumers.

Requires Fiscal Note to Include Business Impact Statements

Restricts Labor Union Activities on Private Property: SB1811/SB2030 Bill expands the offense of criminal trespass to include a prohibition against non-employees from conducting labor union activities on business property and establishes a no trespass public notice list to be maintained by the secretary of state.

Legislator

Vote to Defeat Amendment #1 Eroding Employment at Will: SB1701/HB1405 Proposed amendment would have created an additional cause of action against employers and eroded Tennessee’s employment at will for all gun permit holders.

Unemployment Insurance Reform

Key House of Representative Votes : 2013 – 2014 Session

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

+ Voted With Us - Voted Against Us NV Not Voting PNV Present Not Voting 2013 2014 Lynn, Susan Marsh, Pat Matheny, Judd Matlock, Jimmy McCormick, Gerald McDaniel, Steve McManus, Steve Miller, Larry J. Mitchell, Bo Moody, Debra Odom, Gary Parkinson, Antonio Pitts, Joe Pody, Mark Powell, Jason Powers, Dennis Ragan, John Ramsey, Bob Rich, Barrett Roach, Dennis E. Rogers, Courtney Sanderson, Bill Sargent, Charles Sexton, Cameron Shaw, Johnny Shepard, David Shipley, Tony Sparks, Mike Spivey, Billy Stewart, Mike Swann, Art Tidwell, John C. Todd, Curry Towns, Joe , Jr. Travis, Ron Turner, Johnnie Turner, Mike Van Huss, James Watson, Eric Weaver, Terri Lynn White, Dawn White, Mark Williams, Kent Williams, Ryan Windle, John Mark Wirgau, Tim Womick, Rick Final Vote

+ + + + + + + + + + + + + + + + + + + + + NV + + + + + + + + + + + + + – – + + + – – + + + + + + + + – – + + + – – + + + – – + + + + + + + + – – + + + + + + + + + + + + + NV + + + + + + + + + + + + + + + + + + + + NV + + + + NV + + + + + + + + NV – + + + – – + + + + + + + + + + + + + + + + + + – – + + + + + + + + – – + + + + + + + + – – + + + + + + + + – – + + + – – + + + + + + + + + + + + + + + + + + + + + + + + + + + + – + + + + + + + + + – + + – + + + + + + + + + + + 68-24 66-23 96-0 95-2 96-0

NV + + + + + NV – – + – – – + – + + – + NV + + + + – – + + + – + – + NV + – – NV + + + + – + – + + 61-28-1

–

+ –

– – –

+ +

– +

3-6* 5-4* 2-7*

– + – – NV – – – – – – – + – – – – – – – – – – – – – – – – – – – – – + – – – NV – – + – – – – – 82-11

– NV NV – + + + + + – – + – + + – + – + + + + + – + + + + – – – + NV NV NV – + + – + – + NV – + – + – + + + + + – + + + + – + + + + – + + + – + + + + NV – + PNV + + + NV – + PNV NV NV + + + – + NV + + + + NV NV + + + – + – + + – + + – + + + NV + + + + + NV + + + NV – + + + + – + + + + + + PNV + – + NV + + + + + + + + – – + + + + – + + + – + + + NV – + – + – – + + + + + + – + – – + – – NV – NV – + – + + NV + NV NV NV – + – + + + + + + + + NV + + + – + – – – + NV NV + + + + – + – + + NV + + NV + NV + + 52-36-6 89-1 29-45-1 58-37 80-10

* Committee votes on HB0741, HB1688 and HB2332 ** Vote to defeat amendment 1 (SB1701 HB1405) eroding employment at will

Business Insider | Summer 2014

Telehealth Insurance Coverage

Employment Litigation Reforms

Tennessee Promise

Vote to Oppose Popular Election of Attorney General

–

Bell, Mike

–

Bowling, Janice

Burks, Charlotte

–

Campfield, Stacey

–

Crowe, Rusty

–

Dickerson, Steven

Finney, Lowe

–

Ford, Ophelia

–

Gardenhire, Todd

–

Green, Mark

PNV

Gresham, Dolores

–

Haile, Ferrell

–

+ – +

Enacts Lawsuit Funding Regulation

Restricts Labor Union Activites on Private Property

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

**Vote to Defeat Am. 1 Eroding Employment at Will

Exempts Steel Slag from Solid Waste

*Elected School Superintendent

State Authorizer for Charter Schools

Labor Education Alignment Program

Requires Fiscal Note to Include Business Impact Statements

Reduces Litigation for Wage Regulation Act Disputes

Unemployment Insurance Reform

Beavers, Mae

Workers' Comp Reform

Ramsey, Lt. Gov. Ron

Legislator

Limits Abusive Patent Litigation

*Creates Civil Cause of Action / Eroded Employment at Will

Key Senate Votes : 2013 – 2014 Session

PNV Present Not Voting 2014

Harper, Thelma

–

Henry, Douglas

–

Hensley Joey

–

Johnson, Jack

–

Kelsey, Brian

–

Ketron, Bill

Kyle, Jim

–

Massey, Becky

–

– +

McNally, Randy

Niceley, Frank

–

Norris, Mark

–

Southerland, Steve

–

Stevens, John

–

Overbey, Doug

Summerville, Jim Tate, Reginald Tracy, Jim Watson, Bo Yager, Ken Totals

25-4

24-5

27-6

31-0

32-0

20-13

* Committee vote on SB1702 and SB1733 ** Vote to defeat amendment 1 (SB1701 HB1405) eroding employment at will

+ + +

3-5*

3-6*

–

29-0-1

27-0

22-9**

29-2

31-0

31-1

30-2

30-1

16-16

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard During the two-year course of the 108th General Assembly, more than

3,600 bills and resolutions were introduced. Each one was reviewed by the Tennessee Chamber, and those having a direct impact on the business community were reviewed by the Chamber staff and appropriate committees. A position was then approved and taken by the Board of Directors. Within this chart, each bill is divided into areas of interest with bill and public chapter numbers, sponsors, a brief description, Chamber position, and final disposition.

BILL

SPONSOR

TAXATION SB0181 HB0175

Norris McCormick

SB0183 HB0177

Norris McCormick

SB0199 HB0193

Norris McCormick

SB0245 HB0064

Tracy Sexton

SB0734 HB0961 SB1000 HB0062

Watson Lundberg McNally Hawk

SB1019 HB0973 SB1252 HB1146 SB1276 HB1206

Bell McDaniel Stevens Holt Norris McCormick

SB1346 HB1313

Yager Calfee

SB1375 HB1307

Finney Jernigan

SB1460 HB1477

Green Johnson

SB1477 HB1536

Johnson Sargent

SB1635 HB1431

Norris McCormick

SB1665 HB1515 SB1717 HB1827

Johnson Brooks Campfield Haynes

Total Positions: 160 Total Bills Opposed: 47 Passed: 0 Failed: 47 Defer: 3 Total Bills Supported: 110 Passed: 86 Failed: 24 Supported and Passed with business-accepted amendment: 8

SYNOPSIS

POSITION

STATUS

Revises franchise and excise tax laws so as to introduce the concept of a “final return status” and to establish revised filing requirements where the taxpayer will cease to exist. Revises the business tax in numerous ways, including restating the county portion of this tax as a state tax, establishing new nexus criteria, increasing the exemption amount for this tax, and authorizing the Department of Revenue to align taxable periods with the taxpayer’s fiscal year. Reduces sales tax rate on retail sale of food from 5.52% to 5% effective July 1, 2013.

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED

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

SUPPORT

FAILED

OPPOSE

FAILED

Revises provisions governing the taxation of green energy production facilities.

SUPPORT

PASSED

Exempts from tangible personal property tax equipment used for harvesting timber. Restores full credit against business tax due for personal property taxes paid. Creates a tax credit equal to 25 percent of educational assistance paid to an employee through an employer educational assistance program, or the maximum allowable amount that the employee may exclude from gross income for federal income tax purposes under Section 127 of the Internal Revenue Code. Specifies that delinquent taxes on property that was damaged as a result of a coal ash spill occurring in this state between December 1, 2008, and January 1, 2009, will not be subject to the penalty and interest provisions described above and would only accrue interest from the delinquency date of the respective tax year at the composite prime rate published by the federal reserve board as of the delinquency date, minus two points. Excludes from taxation, sales of computer software, computer software maintenance contracts, and certain services performed on computer software incidental to the sale of the software. Modifies the allowable entities in which corporations operating under the Energy Acquisition Corporations Act may invest.

SUPPORT

FAILED

SUPPORT

FAILED

SUPPORT

FAILED

SUPPORT

PASSED

SUPPORT

FAILED

SUPPORT

PASSED

Allows a deduction from business taxes for any costs incurred by a natural gas marketer to take title to, transport, or deliver natural gas to customer facilities located in this state. Authorizes, instead of requires, approval by the comptroller and attorney general for compromises of state tax liabilities; allows taxpayers to request informal conferences disputing proposed notices of assessments; requires any suit challenging an assessment to be filed within 90 days from the date of final assessment; revises other provisions regarding issuing and disputing assessments. Allows a job tax credit for employers who hire certain veterans.

SUPPORT

FAILED

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

with Chamber Amendments

Public Chapter 321

Public Chapter 313

Public Chapter 323

Public Chapter 297

Public Chapter 370

Public Chapter 522

SUPPORT

PASSED

SUPPORT

FAILED

SUPPORT

FAILED

Public Chapter 854

Business Insider | Summer 2014

The Tennessee Chamber knows that it is essential to grasp the tangible impact legislation will have on Tennessee’s business community. For this reason, all of our legislative positions are vetted through our committee system focusing in the areas of Taxation, Human Resources, Workers’ Compensation, Environment and Energy, Education and Workforce Development, Manufacturing and Public Affairs. Our committee membership is composed of Tennessee Chamber investors with expertise in these specific areas. A special thank you goes out to all committee members for their hard work, and to our entire membership for being there when we need you to talk to legislators, respond to a “call to action,” or to support the Chamber and its professional governmental affairs staff.

Legislative Positions | 2014 Scorecard

SB1752 HB1669

Hensley McDaniel

SB1838 HB1835

Norris Lundberg

SB2298 HB1537

McNally Sargent

SJR0001

Kelsey

HJR0548

Powers

SB0035 HB0501

Kelsey Casada

SB0116 HB0220

Ketron White

SB0595 HB0500

Johnson Casada

SB0837 HB0610

Ketron Lundberg

SB0929 HB1176

Ford Towns

SB1503 HB1397

Green Lamberth

SB1728 HB1371 SB1751 HB1574

Gardenhire Jernigan Norris McCormick

SB0019 HB0241

Tracy Brooks

SB0196 HB0190 / SB2455

Norris McCormick / Gresham

committee of the house on whether the wholesale power supply arrangements between the TVA, municipal utilities, and electric cooperatives are likely to change in the future in a way that could affect payments in lieu of taxes from the TVA to the state and local governments. Exempts from sales and use tax unmanned aircraft systems sold to qualified farmers for use in connection with farm products and nursery stock. Under certain circumstances, authorizes eligible taxpayers that expand headquarters facilities, make additional capital investments, and create new jobs, to qualify for a sales and use tax credit on purchases of personal property used in the facility. Under certain circumstances, requires persons with agents or affiliates in this state to collect and remit sales tax on retail sales to Tennessee purchasers; creates a rebuttable presumption that a person has an agent in this state if the person enters into agreements with residents to refer customers to the person and annual gross receipts from such referred sales exceed $10,000. Proposes an amendment to Article II, Section 28 of the Tennessee Constitution to explicitly prohibit any state or local taxation of payroll or earned personal income or any state or local tax measured by payroll or earned personal income. Makes application to Congress for the purpose of calling a convention of states concerning balanced budgeting.

SUPPORT

FAILED

SUPPORT

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

PASSED

FREE ENTERPRISE AND REGULATORY CLIMATE Prohibits local governments from enacting employer mandates such as health insurance benefits, leave policies, hourly wage standards, or prevailing wage standards that deviate from state statutorily imposed standards. Requires committee to include impact to business and commerce statement in fiscal note for bills and resolutions referred to certain committees. Creates office of the repealer within the legislature's office of legal services.

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED

Allows cities and counties to hold a referendum to authorize selling wine at retail food stores; creates permit to sell wine at retail food stores. Makes the selling of a consumer item with a radio frequency identification tag (RFID) a violation of the Consumer Protection Act unless such RFID is removed upon purchase of the item. Creates requirement to notify law enforcement within 24 hours of discovering that methamphetamine is being manufactured in or on property or structures that the person controls or is an employee thereof. Increases licensing requirements for certain persons who install and maintain elevators. Lowers the maximum amount of products containing ephedrine or pseudoephedrine that may be purchased in a 30 day period.

SUPPORT

PASSED

Public Chapter 446 Public Chapter 475 Public Chapter 554

OPPOSE

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

PASSED

with Chamber Amendments

EDUCATION AND WORKFORCE DEVELOPMENT Establishes an additional award, the STEM stipend, from net lottery proceeds for Tennessee HOPE scholarship recipients who are majoring in STEM fields; sets STEM stipend at $1,000. Enacts the "Tennessee Choice & Opportunity Scholarship Act," part of Gov. Haslam’s proposed limited school voucher program.

Public Chapter 91

Public Chapter 640

Public Chapter 906

SUPPORT

FAILED

SUPPORT

FAILED

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard

HB2428

Sargent

SB0830 HB0702

Gresham White

SB0916 HB0741 SB1702 HB1824 SB1330 HB1276

Niceley Keisling

SB1602 HB2249

Bell Casada

SB1835 HB1549

Gresham Brooks

SB1882 HB1696

Niceley Butt

SB1985 HB1825

Campfield Womick

SB2115 HB1929

Gardenhire White

SB2405 HB2332

Beavers Womick

SB2471 HB2491

Amends the application review and renewal authority regarding charter schools. Establishes a state authority to authorize and renew charter schools. Provides for re-establishment of elected office of school superintendent for county or city school systems.

SUPPORT

PASSED

OPPOSE

FAILED

Creates the Labor Education Alignment Program (LEAP) to allow participating students to apply combined occupational training and academic experience toward attaining postsecondary credentials for employment in high technology industries in the state. Restructures the textbook commission and the textbook selection process.

SUPPORT

PASSED

SUPPORT

PASSED

Establishes requirements for the adoption of educational standards; prohibits use of student data for purposes other than tracking academic progress and educational needs of students. Mandates that the state board of education and department of education shall immediately withdraw from the Partnership for Assessment of Readiness for College and Careers (PARCC) and common core state standards. Requires the state board of education and the department of education to postpone any further implementation of Common Core State Standards beyond those standards implemented as of June 30, 2013, until further implementation is approved by the general assembly. Permits a student at a public institution of higher education to be charged in-state tuition, if the student is a citizen of the United States. Discontinues use of Common Core State Standards.

SUPPORT

PASSED

Norris McCormick

Enacts the "Tennessee Promise Scholarship Act of 2014.â&#x20AC;? Ensures all Tennessee high school graduates can attend for free a two-year community or technical college.

SB0056 HB1099

Kelsey Durham

SB0216 HB0695

Overbey Farmer

SB0222 HB0126

Kelsey Womick

SB0406 HB0280

Norris McCormick

Public Chapter 850

Public Chapter 338

Public Chapter 981

with Chamber Amendments

Public Chapter 905

OPPOSE

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

PASSED

Provides that doctrine of joint and several liability does not apply in civil actions governed by comparative fault and preserves the doctrine of joint and several liability among manufacturers only in a product liability. Extends the judicial performance evaluation commission until June 30, 2015.

SUPPORT

PASSED

SUPPORT

FAILED

SUPPORT

PASSED

Beavers Womick

Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances. Requires election of all judges, including appellate and supreme court judges.

OPPOSE

FAILED

SB0622 HB1997

Stevens Farmer

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

SUPPORT

PASSED

SB0780 HB0636

Norris Lundberg

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

SUPPORT

FAILED

LEGAL REFORM

Public Chapter 745

Public Chapter 900

Public Chapter 317

Public Chapter 224

Public Chapter 246

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard SB1184 HB0978

Tracy Haynes

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

SUPPORT

FAILED

SB1229 HB1334

Ford Cooper

OPPOSE

FAILED

SB1295 HB1223

Massey Hall

SUPPORT

PASSED

SB1360 HB1242

J. Johnson C. Johnson

Provides for the election of justices of the supreme court and judges of the court of appeals and court of criminal appeals from districts to be established by the general assembly. Limits employer liability of Tennessee’s Wage Regulation Act and ensures that no additional judicial right of action can be brought in state court under this section. Enacts the "Tennessee Lawsuit Funder Consumer Protection Act.”

SUPPORT

PASSED

SB1613 HB1964

Stevens Lundberg

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

SUPPORT

PASSED

SB1896 HB1767

Bell Rogers

OPPOSE

FAILED

SB1967 HB2117

Bell Lundberg

SUPPORT

PASSED

SB2054 HB2449

Bell Matlock

Provides that future judges of the supreme court and other appellate courts will be elected by means of contested elections, unless the people approve and ratify, at the November 2014 general election, the proposed constitutional amendment authorizing judicial retention elections. Protects legitimate business from invalid and bad faith assertions of patent infringement by patent trolls or through unsubstantiated claims. Restructures the Tennessee Human Rights Commission to include nine, rather than 15, members.

SUPPORT

PASSED

SB2126 HB1954

Johnson Dennis

SUPPORT

PASSED

SJR0123

Beavers

Enacts various pro-employer employment litigation provisions. Protects employers from abusive employment litigation practices. Establishes caps for certain employment litigationrelated damages. Proposes popular election of the attorney general for no more than two four-year terms and any partial term.

OPPOSE

FAILED

Repeals the existing Hazardous Chemical Right to Know Law; requires employers to comply with federal Hazard Communication Standard; and enacts certain other new requirements regarding information to be provided to employees working with hazardous chemicals. Allows all trucks traveling over state highways to have a margin of error of 10 percent over the gross weight limit of 80,000 pounds, rather than trucks hauling certain types of freight. Promotes goods and products manufactured in Tennessee through use of a “Made in Tennessee” label.

SUPPORT

PASSED

SUPPORT

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

MANUFACTURING

SB0179 HB0173

Norris McCormick

SB0603 HB0899

Finney Powell

SB0806 HB0718

Finney Powell

SB1274 HB1215

Gresham Lynn

SB1763 HB1386

Ketron Lamberth

SB2156 HB1806 SB2318 HB1789 SB2558 HB2426

Green Shipley

Requires manufacturers of products added to public water systems to verify the safety of such products to the system operators. For unemployment insurance assessment purposes, modifies the unemployment experience rating for new manufacturing employers that are in operation at least 10 years prior to moving to Tennessee, to the premium rate that the manufacturing employer was assigned prior to relocating to the state. Authorizes the chief inspector of boilers to grant variances to the requirements for frequency of inspections.

McNally Kane Hensley Spivey

Adds mandatory and additional warranty obligations to manufacturers of HVAC systems. Allows manufacturers and employers to maintain list of workplace chemicals by reference to safety data sheets.

Public Chapter 240

Public Chapter 819 Public Chapter 641

Public Chapter 879

Public Chapter 1008 Public Chapter 995

Public Chapter 257

Public Chapter 299

SUPPORT

PASSED

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

Public Chapter 762

Public Chapter 929

PASSED

Public Chapter 709

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard ENVIRONMENT AND ENERGY OPPOSE

FAILED

Bell Sexton

Requires a scrap metal processor to run a vehicle number identification (VIN) report before shredding a motor vehicle in certain circumstances. Ensures the accountability of public solid waste management funds.

SUPPORT

PASSED

SB0099 HB0043 / SB1925 HB1844 SB0159 HB0153

Finney Johnson

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

OPPOSE

FAILED

Norris McCormick

SUPPORT

PASSED

SB0398 HB0337

Southerland Goins

SUPPORT

PASSED

SB0507 HB0115

Niceley Gilmore

OPPOSE

FAILED

SB0852 HB1272

Ketron Matheny

As enacted, revises the manner in which contested case hearings will be heard on appeals from certain actions taken by the commissioner or from various boards regarding environment and conservation. Renames the state oil and gas board reclamation fund in light of change in board's name in 2012 to Tennessee board of water quality, oil and gas. Establishes a green public schools task force to develop a model green cleaning policy and to assist public schools in achieving LEED certification. Enacts the "Energy Independence Act of 2013â&#x20AC;? encouraging the production and use of domestic natural gas.

SUPPORT

PASSED

SB0893 HB1169 SB0894 HB1168 SB0941 HB0945

Niceley Towns Niceley Towns

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

OPPOSE

FAILED

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

OPPOSE

FAILED

Southerland Swann

SUPPORT

PASSED

SB1080 HB1098

Johnson Durham

SUPPORT

PASSED

SB1160 HB0952

Stevens Wirgau

SUPPORT

PASSED

SB1163 HB0905

Dickerson Mitchell

SB1168 HB0538 SB1307 HB1268

Tate Coley Southerland Farmer

Enables a region to triple count the gross weight of any aluminum cans and plastic bottles diverted from Class I landfills for its total percentage waste reduction and diversion goals. Requires TDEC to develop a proposal for a revised state implementation plan that eliminates motor vehicle inspection testing requirements for all motor vehicles in this state that are three or less model-years old. Requires landfill operator to submit proposal to local authority for approval prior to accepting any waste that would require change in classification of landfill under certain circumstances; specifies that in any county or municipality in which the local approval of solid waste facilities provisions have been approved by a two-thirds vote of the appropriate legislative body prior to the effective date of this act. Prohibits issuance of a permit for a solid waste landfill located in Davidson County within two miles of a park or government recreation facility. Enacts the "Tennessee Beverage Container Recycling Refunds Act."

SB1349 HB0877

Yager McDaniel

SB1383 HB1335

Southerland Gilmore

Encourages the state building commission to prescribe high performance building requirements, provided that such standards do not unnecessarily burden the wood products industry. Requires that a minimum of $1.00 of each tire pre-disposal fee is returned to the county where the fee was collected to be used for beneficial end use of waste tires; requires that counties include in the annual progress report to the department data on how many waste tires it manages and what is done with them. Requires all municipal solid waste region plans and plans developed by TDEC to adhere to statutorily recognized policies that institute and maintain programs for statewide solid waste management and that encourage generators of solid waste to reduce the amount of solid waste collected or disposed of by

SB0075 HB0213

Massey Hall

SB0082 HB0055

with Chamber Amendments

Public Chapter 49

Public Chapter 181

Public Chapter 94

Public Chapter 423

Public Chapter 421

Public Chapter 460

with Chamber Amendments

Public Chapter 342

OPPOSE

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

PASSED

OPPOSE

FAILED

Public Chapter 363

Public Chapter 457

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard

certain methods. Enacts the "Virgin Ridgeline Protection Act," which prohibits the issuance of a permit or variance or similar authorization that allows surface coal mining operations to alter or disturb any ridgeline that is above 2,000 elevation. Exempts certain products of the steelmaking process from the definition of "solid waste."

OPPOSE

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

Bell Matheny

Unnecessarily requires the underground storage tanks and solid waste disposal control board to file an annual report with the government operations committees of both houses that details the board’s activities for the prior fiscal year. Extends the underground storage tanks and solid waste disposal control until June 30, 2018.

SUPPORT

PASSED

SB1641 HB1437 SB1772 HB1529

Norris McCormick

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

SUPPORT

PASSED

Bell Brooks

SUPPORT

SB1917 HB1898

Southerland Swann

SB1980 HB2023

Finney Johnson

SB1998 HB2207 SB2064 HB2124 SB2071 HB1941

Yager Powers Finney Pitts Southerland Hawk

Authorizes certain counties with landfills to use surcharge revenue from other counties for purposes not related to solid waste management. Adds components to the comprehensive solid waste management plan for the state and creates a 14-member Tennessee solid waste and recycling advisory committee to review and develop recommendations concerning solid waste and recycling statutes, rules and policies. Enacts the "Tennessee Scenic Vistas Protection Act" to prohibit the issuance of water quality permits for surface mining activities along ridgelines, subject to certain exceptions. Would have established a state program for regulating surface mining operations in Tennessee. Prohibits fracturing in Tennessee, effective January 1, 2016.

SB2495 HB2445

Niceley Faison

SB2560 HB2425

Bowling Spivey

HJR0663

Van Huss

Requires scrap metal dealers to wait forty-eight hours before processing purchased scrap metal; requires a seller of scrap metal who is not an agent of a business to sign a statement of ownership or authorization; requires a dealer to photograph metal being purchased if the seller is not an agent of a business. Promotes manufacturing in Tennessee authorizing the growing of industrial hemp. Establishes strong regulatory framework through the department of agriculture. Redefines “shredded” for purposes of waste tire landfilling requirements as set forth in the Solid Waste Management Act of 1991. Urges EPA to respect primacy of Tennessee and other states, and to rely on state regulators to develop performance standards when issuing federal guidelines for regulating carbon dioxide emissions from existing fossil-fueled power plants.

SB0726 HB0859

Watson Durham

SB0804 HB0937 SB1286 HB1265

SB1386

Summerville

SB1467 HB1562

Norris Lollar

SB1487 HB1471

Bell Hawk

SB1582 HB1632

Public Chapter 609 Public Chapter 624

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

FAILED

OPPOSE

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

FAILED

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

OPPOSE

FAILED

Kelsey Durham

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

SUPPORT

PASSED

Tracy Brooks

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

OPPOSE

FAILED

HEALTHCARE

Public Chapter 563

with Chamber Amendments

with Chamber amendments

Public Chapter 967

Public Chapter 916 Public Chapter 849

Public Chapter 662

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard OPPOSE

FAILED

Overbey Harrison

Enacts the "Health Care Freedom and Affordable Care Noncompliance Act," which prohibits state entities from establishing or administering any regulatory scheme to expand Medicaid. Enacts the "Annual Coverage Assessment of 2014,” which allows hospitals to use matching federal dollars for TennCare.

SUPPORT

PASSED

SB2012 HB1813

Tate Cooper

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

OPPOSE

FAILED

SB2050 HB1895

Overbey Keisling

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

SUPPORT

PASSED

Requires certain political activities by labor organizations be funded separately through voluntary donations of members and not through regularly collected dues. Authorizes labor agreements between local governments and local employee unions voluntarily entered into in Davidson County. Ensures that local government cannot mandate or require bid preferences for labor union organizations or members.

SUPPORT

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

FAILED

SB1888 HB1770

Beavers Pody

SB1908 HB1950

LABOR UNIONS SB0490 HB0502

Kelsey Casada

SB0551 HB0492

Harper Jones

SB0591 HB0841

Johnson Durham

SB0725 HB0913

Campfield Casada

SB1017 HB0915

Bell Holt

SB1209 HB0850

Johnson Marsh

Authorizes state employees belonging to a public employee organization to pay dues for only collective bargaining, contract administration, and grievance procedures; prohibits work stoppages and use of funds for political activities. Prohibits any governmental body from passing any law, ordinance, or regulation that requires any employer to waive its rights under the National Labor Relations Act. Removes certain prevailing wage requirements for the construction industry.

SB1661 HB1688

Kelsey Durham

SB1662 HB1687

Public Chapter 877

Public Chapter 675

Public Chapter 335

SUPPORT

PASSED

SUPPORT

PASSED

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

SUPPORT

FAILED

Kelsey Durham

Prohibits certain disruptive and illegal union and employee organization activities.

SUPPORT

PASSED

SB1811 HB2030

Niceley Holt

SUPPORT

PASSED

SB2163 HB2018 / SB2164 HB2017

Burks Stewart

Expands the offense of criminal trespass to prohibit persons who are not employees of the property owner from conducting labor union activities on the property; establishes a “no trespass” public notice list to be maintained by the secretary of state and adds other related provisions. Labor union-supported bills that significantly strengthened TOSHA authority to require mandatory work stoppage orders and impose unnecessary compliance demands on business.

ECONOMIC DEVELOPMENT SB0078 HB0051

Tracy Alexander

SB0155 HB0149

Norris McCormick

SB0327 HB0809

Bell Matheny

Allows all municipally owned electric systems to promote economic and industrial development through participation in the rural economic development loan and grant program. Expands industrial recruitment efforts by clarifying what is considered to be "private land" or "land expected to become privately owned" for purposes of Fast Track infrastructure grants. Extends the department of economic and community development until June 30, 2017.

SB0331 HB0808

Bell Matheny

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

Public Chapter 277 Public Chapter 280

Public Chapter 982 Public Chapter 956

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED

Public Chapter 2 Public Chapter 71

Public Chapter 252 Public Chapter 132

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard Specifies that an industrial development corporation organized solely by a municipality that does not impose a real property tax may only enter into a payment in lieu of ad valorem tax agreement or lease if certain conditions met. Requires that all written and oral examinations administered to applicants for a driver license be in English only.

SUPPORT

PASSED

OPPOSE

FAILED

OPPOSE

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

Norris McCormick

Prohibits certain industrial development corporations from negotiating or entering into any payment in lieu of tax agreement or lease. Allows wineries licensed under the Grape and Wine Law to sell and transport up to 3,000 cases of wine produced or finished on the winery's premises to restaurants and hotels licensed to serve wine for on-premises consumption. Makes it more difficult to initiative industrial projects by requiring that the fair market value of industrial property taken by eminent domain be based on the highest and best use of such property. Defines agriculture to include entertainment activities that occur on land where farm products and nursery stock are produced.

SUPPORT

PASSED

SB1644 HB1439

Norris McCormick

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

SUPPORT

PASSED

SB1708 HB1679

Yager Windle

SUPPORT

SB1862 HB1850

Tate Johnson

SB1978 HB1873

Finney Fitzhugh

SB2211 HB1962

Kyle Miller

For certain rural projects, allocates state tax revenue to a county or industrial development corporation that acquires certain property from the state on or after January 1, 2014. Requires contractors working on Tennessee public construction projects to employ at least eighty percent state residents in their workforce and creates an additional administrative process for receiving complaints, adjudicating violations, and assessing penalties. Requires reasonable disclosure of certain information regarding grants and loans awarded by the state and creates a fine for failure to provide such information. Requires employers receiving job skills grants to submit additional outcome measurements and cost reports to ECD.

SB2420 HB2300

Norris Todd

SB2464 HB2371

Watson Carter

HB1797 / HB1798

Windle

Enables Shelby County industrial development corporations to enter into loan agreements for activities, costs, debt restructuring or working capital associated with projects and to forgive associated debt. Requires voter approval for annexation of property being used primarily for residential or agricultural purposes, but not industrial purposes, by municipalities. Bills would have created arbitrary and costly franchise and excise tax incentives to a narrow category of business.

SB0661 HB0558

Massey Harrison

SB0900 HB0593

Campfield Sparks

SB0914 HB0708

Niceley Faison

SB1130 HB1062

Johnson Casada

SB1189 HB1003

Niceley Faison

SB1614 HB1410

WORKERS’ COMPENSATION

Public Chapter 302

Public Chapter 817

Public Chapter 581 Public Chapter 546

PASSED

Public Chapter 985

OPPOSE

FAILED

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

PASSED

DEFER

PASSED

Public Chapter 924

Public Chapter 752

Support industrial property carveout

Public Chapter 707

OPPOSE

FAILED

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED PASSED

SB0200 HB0194

Norris McCormick

SB0432 HB0864

Overbey Lollar

SB0519 HB0549

Burks Curtis

Enacts "The Workers' Compensation Reform Act of 2013.” Implements comprehensive Chamber-supported and longsought revisions to workers’ compensation laws. Requires an employee covered for workers’ compensation by a Tennessee employer to file a workers’ compensation claim under Tennessee law. Eliminates ability to file claim in another state. Exempts narrow or targeted recognized religious sects from providing workers’ compensation benefits to employees.

SB1275 HB1159

Norris McCormick

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

SUPPORT

SB1645 HB1440

Norris McCormick

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

SUPPORT

with Chamber amendments

Public Chapter 289 Public Chapter 367

Public Chapter 476 Public Chapter 282

PASSED

Public Chapter 903

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard

SB1646 HB1441

Norris McCormick

SB2088 HB1786

Beavers Pody

SB2251 HB2105

Massey Haynes

Allows the administrator of the division of workers' compensation to withdraw funds from the employee misclassification enforcement fund to injured employees. Divides the power appointing workers' compensation judges among the governor, the speaker of the senate, and the speaker of the house. Revised various provisions relative to trucking companies employees’ coverage under Tennessee’s workers' compensation law.

WORKPLACE

SUPPORT

PASSED

SUPPORT

PASSED

SUPPORT

PASSED

Public Chapter 765

Public Chapter 837

Public Chapter 633

SB0072 HB0085

Massey Lundberg

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

SUPPORT

PASSED

SB0142 HB0118

Ramsey Faison

DEFER

PASSED

SB0276 HB1109

Kelsey Camper

SUPPORT

PASSED

SB0580 HB0253

Haile Jernigan

OPPOSE

FAILED

SB0699 HB1321

Tate Camper

OPPOSE

FAILED

SB0783 HB0639

Johnson Matlock

SUPPORT

PASSED

SB0833 HB0551

Ketron Curtiss

SUPPORT

PASSED

SB1006 HB0848

Gresham Ragan

SUPPORT

PASSED

SB1182 HB1018

Campfield Evans

OPPOSE

FAILED

SB1668 HB1683

Johnson Durham

Addresses storage of firearms in employer parking lots. Clarifies that employees with valid permits have a right to store firearms in a locked, personal vehicle under certain conditions. Chamber concerns were largely addressed by removing private right of action and fines. Provides certain immunity to employers who hire a previously convicted criminal that has been issued a certificate of employability following restoration of employment status by a court. Creates additional employee benefit for a self-employment assistance program for persons who are eligible for regular unemployment compensation. Prohibits employers from using the credit report or credit history of an employee or applicant for employment to deny employment, discharge an employee or determine compensation of the terms, conditions or privileges of employment. Enacts various pro-employer provisions regarding unemployment insurance, including provisions regarding waiver of the collection of overpayments and determination of base periods for UI benefits. Addresses the issue of misclassification of employees of construction services provides for workers’ compensation purposes. Revises provisions regarding local government pay requirements, service without compensation, and reimbursement requirements regarding state guard service; specifies which authorities may call members to service. Enacts additional employer mandates regarding applicant’s and employee’s ownership of a firearm and storage of weapons in personal vehicle on employer property. Requires drug testing of certain individuals applying for unemployment compensation benefits.

SUPPORT

FAILED

SB1733 HB1667

Beavers Pody

OPPOSE

FAILED

SB1743 HB1674

Kelsey Moody

Prevents an employer from taking any adverse action against a person transporting or storing a firearm or ammunition; creates a civil cause of action for damages. Allows the employer of food or beverage service employee to waive the employee’s right to a 30-minute unpaid meal break.

SUPPORT

FAILED

SB1801 HB2180

Gresham Rich

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

OPPOSE

FAILED

with Chamber amendments

Public Chapter 69

Public Chapter 16

Public Chapter 815

Public Chapter 427

Public Chapter 424

Public Chapter 364

Business Insider | Summer 2014

Legislative Positions | 2014 Scorecard SB1808 HB1852

Niceley Faison

SB2026 HB1834

Hensley Carr

SB2145 HB1694

Tate Turner

SB2226 HB1981

Kyle Parkinson

Creates the "Employee Online Privacy Act of 2014," which limits an employer from requiring an employee to disclose the username and password for the employee's personal internet accounts except under certain circumstances to protect legitimate business purposes. Requires private employers with six or more employees to verify new hires using the E-Verify program.

DEFER

PASSED

OPPOSE

FAILED

Increases Tennessee minimum wage at $8.25 per hour for certain employers who do not offer health benefits to employees and employees' dependents. Creates the â&#x20AC;&#x153;Healthy Workplace Actâ&#x20AC;? and requires TACIR to create a model policy for employers to prevent abusive conduct in the workplace. Chamber amendments adopted exclude private employers form this act.

OPPOSE

FAILED

SUPPORT

PASSED

Protects private property owners by creating crimes of using an unmanned aircraft with intent to conduct surveillance, capturing or using an image captured by an unmanned aircraft, surreptitious commercial surveillance and aggravated surreptitious commercial surveillance. Exempts the state from daylight saving time. Bill would have caused confusion for Tennessee businesses and employees across the state. Chamber-supported legislation to modernize 911 funding for business and for internet provider networks.

SUPPORT

PASSED

OPPOSE

FAILED

SUPPORT

PASSED

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

SUPPORT

FAILED

with Chamber amendments

Public Chapter 826

Public Chapter 997

SAVE THE

DATE

MISCELLANEOUS

SB1892 HB1779

Stevens Johnson

SB2059 HB1909

Bowling Todd

SB2407 HB2255

Norris McCormick

SB2546 HB2468

Summerville Casada

Get Noticed. Advertise here November 12, 2014

Contact

carolyn.davis@tnchamber.org

Public Chapter 876

Public Chapter 795

Business Insider | Summer 2014

2014 U.S. Congress and Governor | Election Filings

TENNESSEE 2014 U.S. CONGRESS ELECTION FILINGS Bold Indicates an Incumbent District 1

6 7 8

U.S. House of Representatives

Republican

Daniel Hartley John Paul Rader David (Phil) Roe John J. Duncan Jr. Jason Zachary Chuck Fleischmann Weston Wamp John Anderson Scott DesJarlais Oluyomi “Fapas” Faparusi Sr. Steve Lane David Tate Jim Tracy Michael S. Warden Chris Carter Ronnie Holden Bob Ries John (Big John) Smith Diane Black Jerry Lowery Marsha Blackburn Jacob Brimm Stephen Fincher Dana Matheny John Mills Charlotte Bergmann

Republican

Christian Agnew Lamar Alexander Joe Carr George Flinn John D. King Brenda Lenard Erin Kent Magee

Democrat

Independent/Other

Bob Scott

Robert Franklin Michael D. Salyer Robert N. Smith Casey Adam Gouge

Mary Headrick

Norris Dryer Cassandra J. Mitchell

Lenda Sherrell

Robert Rankin Doggart

Jim Cooper

Paul Deakin

Amos Scott Powers

Mike Winton

Credo Amouzouvik Daniel Cramer John (Wes) Bradley Rickey Hobson Lawrence Pivnick Tom Reasons Steve Cohen

Leonard D. Ladner

Isaac Richmond Ricky E. Wilkins

Herbert A. Bass Paul Cook

U.S. Senate Democrat

Terry Adams Gordon Ball Larry Crim Gary Gene Davis

James L. Hart Mark Rawles Floyd Wayne Alberson

Independent/Other

Martin Pleasant Tom Imerson Jr. Edmund Gauthier Joshua James Danny Page Bartholomew Phillips C. Salekin Eric Schechter Rick Tyler Joe Wilmoth

Tennessee 2014 Governor Election Filings Republican

Democrat

Independent/Other

Bill Haslam

Charles V. “Charlie” Brown

Shaun Crowell

Mark Coonrippy Brown

Kennedy Spellman Johnson

Isa Infante

Basil Marceaux, Sr.

Wm. H. “John” McKamey

Daniel T. Lewis

Donald Ray McFolin

Ron Noonan

Steven Damon Coburn John Jay Hooker

Business Insider | Summer 2014

Environment cont’d. from page 8

• The Chamber requested that our state’s attorney general join with 26 other attorneys general in an amicus brief asking the U.S. Supreme Court to review the troubling decision in Mingo Logan v. U.S. Environmental Protection Agency. While Gen. Cooper ultimately declined our request, his office acknowledged his agreement with our arguments and indicated his intention to revisit his involvement if the Supreme Court granted the petition for certiorari. • The Chamber joined the Partnership for a Better Energy Future, a leading coalition of business and industrial stakeholders in support of a unified strategy and message in response to the federal administration’s greenhouse gas regulatory agenda. • The Chamber submitted comments to the U.S. Department of State’s Bureau of Energy Resources indicating our support for the building of the Keystone XL pipeline as a matter of national interest, based on the facts that the project will help bolster our nation’s energy security and lower prices for consumers served by the Gulf Coast refineries, including consumers across the southeast. Legislation During this second year of the 108th General Assembly, we monitored over 115 bills that would have impacted the environmental and energy interests of Tennessee business and actively worked on 45, killing 21 of those that we opposed and guiding the passage of 19 that we supported. This session brought many new legislative targets to the floor. Several other pieces of legislation introduced will be familiar to you: they have been proposed in roughly the same form for the past several years, and have met the same fate each year. Below are Tax cont’d. from page 10

Business Insider | Summer 2014

some highlights from the session. • Products of steel manufacturing that remain in the stream of commerce are now explicitly exempt from the definition of solid waste thanks to a bill (SB1467/HB1562) that we introduced and helped pass, thus protecting such products from unnecessary and costly regulatory burdens. • “Shredded” is now more broadly defined as it relates to landfilling requirements of the waste tire disposal program; this legislation (SB2560/HB2425) strikes a balance between increasing options for business while preserving the intent of the original ban against landfilling whole waste tires. • Legislation (SB2495/HB2445) was introduced authorizing the Department of Agriculture to regulate industrial hemp, creating possible new markets and opportunities for Tennessee business. • We worked to pass legislation providing necessary protections for our state’s manufacturers and employers, including SB2558/HB2426, which allows employers to use product identifiers referenced on the appropriate safety data sheets rather than individual chemicals for compliance; and SB2156/HB1806, which provides needed flexibility and efficiency to the industrial boiler inspection process by allowing the chief inspector of boilers to grant variances to the required frequency of inspections. • We helped pass a bill (SB1640/HB1435) brought by TDEC that standardizes the third party appeal procedures for all types of permits, eliminating uncertainty for permit holders in this process. • We worked to amend a bill (SB2246/ advise the taxpayer of the right to file suit in the appropriate chancery court to challenge the final assessment and collection of the tax “within ninety (90) days from the date such assessment becomes final.” The purpose of that particular revision is to provide clarity in determining the lawsuit deadline date. A. Transportation Fuel Equity Act. A Federal District Judge ruled in 2013 that the sales tax imposed upon dyed diesel fuel used by railroads to power locomotives violated 49 U.S.C. § 11501, federal statute that prohibits states from discriminatorily taxing railroads. While the State has appealed that decision to the Sixth Circuit Court of Appeals, the Legislature during the 2014 Session sought to resolve the controversy through legislation

HB2049) that would have discouraged the use of disinfectants in public schools, putting our children at heightened risk of getting sick from flu and other illnesses and harming our robust chemical manufacturing industry. • We worked to kill an extremely broadly written bill (SB2064/HB2124) that would have prohibited all fracturing in Tennessee and possibly all oil or gas extraction as well. • Legislation (SB2473/HB2313) requiring the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee, in collaboration with the Sparks Bureau of Business and Economic Research at the University of Memphis, to perform a study on the economic feasibility of creating and utilizing a statewide comprehensive energy policy passed with our support. It specifies that the study will examine the state’s current and future energy supply and demands needs, existing energy policies, and emerging energy challenges and opportunities. • Bills to prohibit surface coal mining that would alter any ridgeline–altogether (SB1980/HB2023) or above a certain elevation (SB1925/HB1844)–were introduced but failed in committees for lack of interest. These bills have been before the legislature each year for the past five or six years, and each time they have been dropped due to the inability to pass them beyond the committee level. Nonetheless, they are likely to be reintroduced for years to come, and we will continue to fight any attempts to prohibit lawful mining practices. Even though the legislative session is over, the work of the E&E Committee is far from done. Let us know if you are interested in getting more involved in the committee or any of its subcommittees! which provides a sales tax exemption for such fuel but at the same time imposes a new cents per gallon tax on dyed diesel fuel used in Tennessee by certain commercial carriers to produce power for a means of transportation. As the result of amendments to the initial legislation, the new tax is only imposed upon railroads. This new tax is administered by the Department and the monies collected are to be deposited by the Department in a separate account currently known as the Transportation Equity fund. It is uncertain as to whether the final version of the foregoing legislation, Public Chapter No. (SB 2076/ HB 1769), with its particular effective date provisions, will in fact effectuate a resolution of these disputes.

Business Insider | Summer 2014

Multiple Awards Schedule Contracts are

Good for Tennessee, Good for Business

Thom Iles, John Deere For many companies and manufacturers, government procurement provides attractive opportunities. Through procurement processes, state government seeks to obtain high quality commodities and services at a reasonable cost and under terms that meet the needs of the entities served. A Multiple Award Schedule (MAS) contract is one major tool available to promote this objective that also offers tangible benefits to industry. In brief, a MAS contract concept allows multiple vendors to compete and be awarded a contract based upon the value of their products or services. The MAS concept allows the state to evaluate vendors based upon a variety of factors, including discounts, total life cycle costs, service, warranty, distribution channel, and past vendor performance. In essence, vendors provide their total price book on their various products and services that are then contained in a comprehensive contract. The contract is applicable for procurement by any political subdivision (e.g., cities, counties) and all state agencies, departments, institutions, public K-12 school districts, and higher education facilities. Further, this type of procurement process can apply to all types of products and services that the state of Tennessee purchases or might purchase. By law, the state of Tennessee, through the Central Procurement Office within the Department of General Services, has the ability to pursue MAS contracts if it wants. Even if the state adopts a comprehensive MAS contract for various products and services, it nonetheless retains the authority to pursue a specific line-item contract, as has been its traditional practice. The National Association of State Purchasing Officials (NASPO), representing the directors of the central purchasing offices in each of the 50 states, the

District of Columbia, and the territories of the United States, has shared that MAS contracts secure a better value relative to the price of goods and services procured, provide for faster and timelier procurement, enhance purchase planning, and allow for better use of information technology within

to be subject to competitive pressures, and transparency will be enhanced in that the price and discounts are public record for evaluation by all agencies, state authorities and the public. Because of the success of these contracts, numerous states have adopted MAS contracting proce-

A MAS contract concept allows multiple vendors to compete and be awarded a contract based upon the value of their products or services. the procurement process. Multiple Award Schedule Contracts Provide Costs Savings With an MAS contract, costs across several service categories are reduced or altogether eliminated. For example, costs of publishing, distributing, and handling bids for multiple products are eliminated, thus resulting in greater savings for state agencies and political subdivisions. Administrative staff costs to develop specs and to write, evaluate, and award bids on an annual basis can be significantly reduced through the use of a multi-year MAS contract. Agencies of all sizes across the state can move quickly to procure equipment to meet an immediate need, thus eliminating project delays, which can be costly and nonproductive. Agencies can also consider the total cost of ownership versus solely the initial cost of purchase. Operating costs are reduced or considered as part of the life cycle analysis when quality products and services are obtained upfront. Flexibility of choice is enhanced as state agencies and political subdivisions can purchase products and services that closely match their particular needs. Consequently, they are not limited by low bids or specs that do not recognize these needs. MAS contracts also assure competitive prices through published commercial price books that reflect free-market competition. State discounts will also continue

dures for the products and services that they purchase. The state of Tennessee should follow suit. The establishment of a comprehensive process of utilizing MAS contracts simplifies and modernizes the procurement process, leverages competition and cooperation to acquire goods and services, increases public confidence, and promotes a system of

integrity. Taking Action To promote this ultimate goal of encouraging our state and local governmental agencies to use MAS contracting procedures more, the Tennessee Chamber of Commerce & Industry has initiated a Tennessee Government Procurement Project Coalition to promote those Chamber members who provide or want to provide products and services to the state of Tennessee and its political subdivisions. The Coalition members will work with the Central Procurement Office to develop MAS contracts and opportunities in various categories of products and services. Contact bradley.jackson@tnchamber.org if you would like to join the Tennessee Government Procurement Project Coalition.

Rent, Lease or Purchase… Get full service and low rates from one of the nation’s leading uniform companies! Exclusive Savings* • Save up to 20% on all purchases of WearGuard® brand apparel. Mention Source Code 197249 when ordering • Discounted National Account rates on customized rental/lease programs. Mention TNCCI and National Account ID #N93085

800-ARAMARK (272-6275) aramarkuniform.com *Not valid with any other offer, on overstocks, high-visibility apparel, previous purchases, orders in progress, program or rental items. Discount does not apply to personalization, tax or shipping. Other exclusions may apply.

CA-42-14

Business Insider | Summer 2014

MANUFACTURINGTHE FUTURE With the latest 3D Printing technology from NovaCopy

NovaCopy is the one-stop resource for all your 3D Printing needs! Personal & Professional 3D Printers • Creaform 3D Scanners Rapid Prototyping Services • Direct Metal 3D Printers

THINK

DESIGN

What will you print tomorrow?

800.264.0637 3DPrinting.NovaCopy.com 31

Business Insider | Summer 2014

PRESORTED FIRST CLASS U.S. POSTAGE 611 Commerce St., Suite 3030 Nashville, TN 37203-3742

PAID

NASHVILLE, TN PERMIT NO. 635

accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Tennessee Chamber of Commerce & Industry accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotectionNashville accessinfluenceprotection July 29-Aug.1 #501 Trainer Course in OSHA Standards accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection August 14 Basic Safety Morristown accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection August 20-22 TCCE Annual Conference Faragut accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection August 20 Industrial Air Regulations Knoxville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection August 26 Basic Safety Chattanooga accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection August 28 Basic Safety Nashville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection September 3 Maintenance Related Knoxville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection September 10 Maintenance Related Dyersburg accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Septemberaccessinfluenceprotection 12 Maintenance Related Mt. Juliet accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Septemberaccessinfluenceprotection 17 Industrial Air Regulations Nashville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Septemberaccessinfluenceprotection 18 Maintenance Related Cleveland accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Septemberaccessinfluenceprotection 25 Business Tax Workshop Nashville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Sept.25-26 10 hour OSHA Voluntary Compliance Mt. Juliet accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 1-3 TEDC Fall Conference Jackson accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 2 accessinfluenceprotection Environment & Energy Conference Montgomery Bell accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 3 Manufacturing Day Nashville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 7-8 OSHA 10 Hour Voluntary Compliance Knoxville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 21 Recordkeeping Murfreesboro accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection October 23 Recordkeeping Jackson accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection November 4-7 30 Hour Construction Course Murfreesboro accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection November 12 Boots nâ&#x20AC;&#x2122; Business/Public Affairs Conference Nashville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Novemberaccessinfluenceprotection 14 GHS & Hazard Communication Jackson accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Decemberaccessinfluenceprotection 2-5 30 Hour General Industry Course Murfreesboro accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Decemberaccessinfluenceprotection 9 TOSHA Lead Standard for General Industry & Construction Knoxville accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection Decemberaccessinfluenceprotection 11 TOSHA Lead Standard for General Industry & Construction Jackson accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection accessinfluenceprotection December 12 GHS and Hazard Communication Knoxville December 16 TOSHA Lead Standard for General Industry & Construction Murfreesboro

Events

The Tennessee Chamber provides access to business and political decisionmakers, educational events, updated government policies, influence on Capitol Hill and shaping policies for a favorable business climate and protecion against unfavorable legislation and bureaucracy.