2019 Legislation


Bills in TSEA’s Legislative Agenda:

(*indicates legislation also applies to Higher Education employees)

Longevity for All

SB0689 Sen. Jackson
HB0900 Rep. Sparks
TSEA believes employees should not be divided into two classifications for pay and benefits. The first step in correcting this is to bring back longevity for all state employees.
Status:
04/10/19 – Senate State & Local Government Committee deferred to summer study.
04/30/19 – Taken off notice in House Finance, Ways & Means Subcommittee.

Burden of Proof

SB0621 Sen. Hensley, Co-Prime Sponsor: Sen. Yager
HB0644 Rep. T. Hill
TSEA believes the State of Tennessee bears the burden of proof when they take disciplinary action against an employee that is appealable. This bill would clarify the relevant language in state statute.

House State Committee amendment 1 (005991) deletes all language after the enacting clause. Provides that in a Step I, Step II, and Step III appeal proceeding the state agency has the burden to prove by a preponderance of evidence that a state law, rule, or policy was not violated with respect to the complaint.

Status:
04/16/19 – Senate State & Local Government Committee deferred to summer study.
04/11/19 – Taken off notice in House Calendar & Rules Committee.

DCS Caseloads

SB0616 Sen. Hensley
HB0921 Rep. Cepicky, Co-Prime Sponsor: Rep. M. Hill
This bill requires the maximum caseload in some cases to be 20 instead of the average of 20, and 10 cases for foster care workers.

House Judiciary Committee amendment 1 (004832) eliminates requirement of the department to maintain staffing levels of foster care case managers so that each region has enough case managers to allow caseloads to be at not more than ten active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect.

Status:
03/26/19 – Senate Judiciary Committee deferred to the first calendar of 2020.
04/30/19 – Taken off notice in House Finance, Ways & Means Subcommittee.

TEAM Act improvements

SB1269 Sen. Pody
HB0778 Rep. Ramsey
Will seek to correct deficiencies found in the application of the TEAM Act bill regarding several different areas of the preferred service section for employees.
Status:
02/11/19 – Referred to Senate State & Local Government Committee.
02/07/19 – Caption bill held on House clerk’s desk.

*TCRS Oversight by Treasurer

SB1182 Sen. Bowling      
HB1304 Rep. Baum
This bill enables the Treasurer of the State of Tennessee to have input regarding the impact on TCRS from outsourcing state jobs.
Status:
02/11/19 – Referred to Senate State & Local Government Committee.
02/11/19 – Caption bill held on House clerk’s desk.

Across the Board Raises

SB0622 Sen. Hensley
HB1251 Rep. Byrd
This bill addresses across-the-board pay raises.
Status:
02/07/19 – Referred to Senate State & Local Government Committee.
02/11/19 – Caption bill held on House clerk’s desk.


Other Bills We Support

(*indicates legislation also applies to Higher Education employees)

Prohibitions in statements to fiscal review committee

SB0428 Sen. Gardenhire
HB1069 Rep. Sanderson
Prohibits any executive level state employee, lobbyist or employee of a contractor from providing false information to the fiscal review committee.

House Departments & Agencies Subcommittee amendment 1 (004986) adds the word “knowingly” to decrease liability for any executive level state employee, lobbyist or employee of a contractor that is unaware they are providing misinformation to the fiscal review committee.

Status:
02/06/19 – Referred to Senate State & Local Government Committee.
03/05/19 – House State Committee recommended with amendment 1 (004986). Sent to House Calendar & Rules.

*Daycare for employees

SB0741 Sen. Kyle
HB 1207 Rep. Mitchell
Daycare for state employees administered through their departments or institution.
Status:
04/02/19 – Taken off notice in Senate State & Local Government Committee.
04/03/19 – House Public Service & Employee Subcommittee deferred to the first calendar of 2020.

*Grievance procedure for higher ed support staff made available on institution’s website

SB0188 Sen. Gresham
HB0116 Rep. Sparks
Requires each institution governed by the board of regents or a state university board to make available on its website the grievance procedure for its support staff.
Status:
02/01/19 – Referred to Senate Education Committee.
01/28/19 – Caption bill held on House clerk’s desk.

*Tennessee State Family Leave Act

SB0647 Sen. Kyle
HB514 Rep. Johnson
This bill deals with family and medical leave insurance benefits.
Status:
02/07/19 – Referred to Senate Commerce & Labor Committee.
03/19/19 – Failed in House Employee Affairs Subcommittee after adopting amendment 1 (005876).

*TCRS – death benefits

SB1371 Sen. Yager
HB1177 Rep. Weaver
Grants a retirement allowance to surviving spouses who are designated beneficiaries if the deceased TCRS member is vested.
Status:
03/11/19 – Senate passed.
05/01/19 – House passed.
05/16/19 – Enacted as Public Chapter 0399 effective May 10, 2019.

TCA Requirement Amendment

Requires state agencies to produce an economic impact statement prior to entering a contract with a private party if either the contract is in excess of $2.5 million or the contract will result in the furlough or layoff of any state employees, instead of both; authorizes the chair of the appropriate standing committee to schedule a hearing to review the economic impact statement. Broadly captioned.


Bills We Are Monitoring:

(*indicates legislation also applies to Higher Education employees)

*Revises Public Employee Political Freedom Act of 1980

SB0569 Sen. Bowling
HB1087 Rep. Bricken
Would require the court to sanction an employee for a frivolous suit.

House amendment 1 (006712) deletes all language after the enacting clause. Revises the Public Employee Political Freedom Act of 1980 by changing from treble damages to compensatory damages as what an employee is entitled, if such employee was disciplined, threatened to be disciplined or otherwise discriminated against by the public employer because such employee exercised that employee’s right to communicate with an elected public official.

Status:
04/30/19 – Senate passed.
04/08/19 – House passed with amendment 1 (006712).
05/24/19 – Enacted as Public Chapter 0446 effective May 22, 2019.

Compensation of adjunct professors

SB0775 Sen. Yarbro
HB0707 Rep. Thompson
Requires the board of regents, the board of trustees of the University of Tennessee, and the state university boards to create and approve a policy requiring public institutions of higher education to compensate adjunct professors at least $1,000 per credit hour taught.

House Education Committee amendment 1 (008045) requires the comptroller’s office study and report on the funding, compensation, and utilization of higher education personnel, to be provided to the education committees of both legislative houses by January 30, 2020.

Status:
04/17/19 – Taken off notice in Senate Education Committee.
04/18/19 – Taken off notice in House Calendar & Rules Committee.

Reports on the effects of and plans for reductions in federal funding

SB0662 Sen. Watson
HB1270 Rep. Holt
Requires certain state agencies and political subdivisions prepare and submit reports to the department of finance and administration regarding the effects of and plans for reductions in federal funding.

House amendment 2 (005971) removes the requirements for a political subdivision developing a contingency plan; specifies that the required reports must be prepared in 2019, 2021, and 2023; and provides that this bill as amended will be repealed on July 1, 2024.

Status:
05/01/19 – Senate passed.
03/18/19 – House passed with amendment 2 (005971).
05/28/19 – Enacted as Public Chapter 0480 effective May 24, 2019.

Creation of deaf mentor pilot project

SB0310 Sen. Massey
HB0567 Rep M. White
Requires the Tennessee School for the Deaf, together with the West Tennessee School for the Deaf, to establish a two-year deaf mentor pilot project to assist families and agencies in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing, or deaf-blind. Requires the department of education to evaluate the pilot project and report its findings to the education committees of the senate and the house.

House amendment 1 (006906) rewrites the bill to require a one year deaf mentor pilot project at the TN school for the Deaf in Knoxville during the 2019-2020 school year. The report shall be made to the House and Senate Education Committees by February 1, 2021.

Status:
05/01/19 – Senate passed.
04/30/19 – House passed with amendment 1 (006906).
05/28/19 – Enacted as Public Chapter 0500 effective May 24, 2019.

Report on higher education opportunities for incarcerated individuals

SB1061 Sen. Dickerson
HB1303 Rep. Baum
Requires corrections department, in partnership with the higher education commission and the board of regents, develop and submit to the general assembly a report detailing the higher education opportunities available to incarcerated individuals. Broadly captioned.

House amendment 1 (005187) specifies that the report pertains to eligible incarcerated individuals who have a high school education.

Status:
04/15/19 – Senate passed.
04/10/19 – House passed with amendment 1 (005187).
05/07/19 – Enacted as Public Chapter 0238 effective April 30, 2019.

Expands the offense of indecent exposure in a penal institution

SB0080 Sen. Rosalind
HB0127 Rep. Hodges
Expands the offense of indecent exposure by those confined in a penal institution to include offenses against staff members employed by the institution, including clergy, educators, and medical professionals.
Status:
02/21/19 – Senate passed.
03/18/19 – House passed.
04/05/19 – Enacted as Public Chapter 0045 effective July 1, 2019.

Addresses salary increases or decreases for employees of the general assembly

SB0814 Sen. Akbari
HB0142 Rep. Parkinson
Requires the salaries of all employees of the general assembly to be reflective of percentage pay increases or decreases for members of the general assembly. Any adjustments occurring do not go into effect until the election of the next general assembly.
Status:
02/11/19 – Referred to Senate State & Local Government Committee.
03/13/19 – Returned to House clerk’s desk.

TCRS – revisions to optional retirement program

SB0633 Sen. Watson
HB1022 Rep. Lynn
Prohibits a current early service retiree from changing to disability retirement. Makes other changes to provisions governing TCRS.

Senate amendment 1 (005138) removes language allowing the TCRS to permit public charter schools to report and submit funds directly to the retirement system; provided, however, that in the event a public charter school does not report and submit funds, the associated local board of education shall provide the required report and funds to the retirement system.

Status:
03/18/19 – Senate passed with amendment 1 (005138).
04/30/19 – House passed.
05/15/19 – Enacted as Public Chapter 0381 effective May 10, 2019.

Service credits and salary increases for assistant public defenders and district attorneys

SB0799 Sen. Johnson
HB0943 Rep. Lamberth
Reinstates service credits and salary increases suspended during 2003-2004 and 2009-2010 for assistant public defenders and assistant district attorneys.
Status:
03/28/19 – Senate passed.
04/11/19 – House passed.
04/30/19 – Enacted as Public Chapter 0202 effective July 1, 2019.

Proton Therapy Access Act

SB0195 Sen. Massey
HB0184 Rep. Smith
Enacts the “Proton Therapy Access Act,” which requires health insurance coverage to cover hypofractionated proton therapy in the same manner as it covers intensity modulated radiation therapy under certain conditions, including patients being a part of a clinical trial or registry.

Senate amendment 2 (006727) requires the state group insurance program to cover a physician prescribed hypofractionated proton therapy protocol to deliver a biological effective dose by paying the same aggregate amount as would be paid for the delivery of the same biological effective dose with a standard radiation therapy treatment protocol delivered with IMRT for the same indications, upon the following conditions being satisfied: coverage is provided to an eligible patient who is being treated as part of a clinical trial or registry, is diagnosed with a cancer type or indication that can be treated with a hypofractionated proton therapy protocol, the radiation oncologist prescribing the hypofractionated proton therapy protocol is board certified or board eligible in the specialty of radiation oncology, and the hypofractionated proton therapy protocol is administered in a facility in this state. If these conditions are met, a course of hypofractionated proton therapy may be provided; however, the aggregate cost to provide such therapy must be equal to the average cost actually paid by the state group insurance program for standard IMRT treatment radiation therapy protocol required to deliver the prescribed biological effective dose for the particular indication. Requires that aggregate amounts be established by reference to the amount paid for a course of IMRT treatment under a standard IMRT radiation therapy protocol for the indication under the state group insurance program. Subjects such coverage to annual deductible and co-insurance payments; however, such payments may not exceed the annual deductible and co-insurance established for all other similar benefits within a policy or contract of insurance. Prohibits the aggregate amount chargeable to or payable by an eligible patient for a covered course of hypofractionated proton therapy by an out-of-network provider from exceeding the aggregate amount that would otherwise be chargeable to or payable by the eligible patient for a course of treatment under a standard IMRT radiation therapy protocol that is covered by the state group insurance program for the delivery of the same biological dose by an out-of-network provider. States the patient is not responsible for amounts above the allowable maximum charge. The provisions of this legislation shall only apply to the state group insurance program. Clarifies that the act is repealed on January 1, 2023.

Status:
04/04/19 – Senate passed with amendment 2 (006727).
04/10/19 – House passed.
04/30/19 – Enacted as Public Chapter 0193 effective January 1, 2020.


For live-streaming committee hearings, calendars, and other legislative information, visit the Legislature’s website here:

http://www.legislature.state.tn.us/