The Burden Of Proof bill, HB2172/SB2422 passed both the TN House and Senate unanimously on Monday, February 28, 2022. This bill, which we’ve worked to advance for several years, is one of the more significant pieces of legislation in recent TSEA history. This is a good day for state employees.
The bill now goes before Gov. Bill Lee for his signature to become law.
This bill clarifies the section of the TEAM Act concerning the appeals process. The legislation changes the law to place the burden of proof on the party that appeals a step II decision. This means that if the appointing authority loses at the second step and decides to appeal to the final step, the appointing authority will bear the burden of proof.
This bill was sponsored heroically in the Senate by Sen. Joey Hensley and co-prime sponsor Sen. Ken Yager. This year, Sen. Richard Briggs and Sen. Jack Johnson were sponsors of the bill. Also, we express our appreciation to the Senate State and Local Government committee that has shown support for this bill with consecutive 9-0 votes in favor of TSEA.
In the House, sponsorship was returned to the bill’s original sponsor, Rep. David Hawk, a true champion for state employees. Also, for two years, former State Rep. Timothy Hill faced withering opposition from the administration to get this bill to the floor, and we will never forget the part he played in this historic agreement. Rep. Mary Littleton and Rep. Rick Eldridge also helped keep the bill alive by sponsoring it, and we appreciate them as well.