Legislative Update Week Ending 4-22-2022

TSEA April 25, 2022 Comments Off on Legislative Update Week Ending 4-22-2022
Legislative Update Week Ending 4-22-2022

Legislative Update

Late last week, the Tennessee Legislature passed the FY22/23 state budget, which invests heavily in state employees. TSEA is grateful to the members of the General Assembly and Governor Lee for proposing and passing these substantial investments in our great state employees.

The following are a few items included in the FY22/23 TN State Budget:

  • 4% salary pool for pay for performance (Jan 2023)
  • 4% salary pool for Non-TEAM Act state employees (July 2022)
  • 4% salary pool for each of the higher education institutions (Available July 2022)
  • $120 million funding for the new market study currently being conducted
    • $1.4M marked for Correctional Teacher Pay from the FY23 Market Salary Funding – equivalent to a 12% increase
  • $300 million for TCRS funding
  • $300 million for post-retirement insurance costs
  • Temporary $100 match on the 401(k)
  • $9 Million proposed to fund the remainder of the salary study for case managers in DCS

This budget is very good for our state employees and we are happy to commend Governor Lee and the members of the Tennessee General Assembly for their support and these significant investments in state employees,” TSEA Executive Director Randy Stamps said. “TSEA has worked hard for many years building relationships at the Tennessee General Assembly and with the governor and his administration to help elevate the image and esteem of our state workforce. Those efforts and the hard work of our great state and higher education employees are paying off.

Legislation

Below are bill numbers for key legislation we are monitoring or working to advance:

As a reminder, Livestreams and videos of legislative meetings and activities are accessible on the legislative calendar page at this link: https://wapp.capitol.tn.gov/apps/schedule/

To view our 2022 Legislative Priorities, click here.

Burden of Proof – PASSED – Pub. Ch. 655
HB2172 – Lamberth, Gant, Hawk, Thompson, Jernigan, Vital, Moody, Hardaway | SB2422 – Johnson, Briggs, Yager, Hensley

Status:
Became Pub. Ch. 655 – 03/23/2022
Signed by Gov. Lee – 3/15/2022
House: Passed H., Ayes 92, Nays 0, PNV 0 – 2/28/2022
Senate: Passed Senate, Ayes 33, Nays 0 – 2/28/2022

DCS caseloads – PASSED – Pub. Ch. 711
HB2163 – Lamberth, Gant, Vital, Williams | SB2413 – Johnson, Jackson

Summary: As introduced, specifies that the average caseloads of case managers must be calculated at least monthly.

Status:
Became Pub. Ch. 711 – 04/04/2022
Signed by Gov. Lee – 3/18/2022
House: Passed H., Ayes 92, Nays 0, PNV 0 – 3/7/2022
Senate: Passed Senate, Ayes 31, Nays 0 – 3/7/2022

Higher Education – Grievance Procedures on the website -PASSED by the legislature and signed by Gov. Lee
HB2568 – Ragan | SB2666 – Bell

Summary: As introduced, requires each institution is governed by the board of regents, a state university board, or the board of trustees for the University of Tennessee to make the grievance procedure for the institution’s support staff employees available on its website.

Status:
Signed by Gov. Lee – 4/14/2022
House – Passed H., Ayes 87, Nays 0, PNV 3/28/2022
Senate – Passed Senate, Ayes 33, Nays 3/28/2022

Higher Education – Grievance Procedures on the website (2) – PASSED by the legislature and signed by Gov. Lee
HB2249 – Vaughan | SB2392 – Stevens

Summary: As introduced, requires each institution governed by the board of regents or a state university board to make the grievance procedure for the institution’s support staff employees available on its website.

Status:
Signed by Gov. Lee – 4/20/2022
House – Passed H., as am., Ayes 88, Nays 3, PNV 004/04/2022
Senate – Passed H., as am., Ayes 88, Nays 3, PNV 004/04/2022

Pensions and Retirement Benefits (correction to 2021 pension transfer bill) PASSED – Pub. Ch. 797
HB2450 – Weaver | SB2812 – Roberts

Summary: As introduced, authorizes a member of the Tennessee consolidated retirement system to purchase, instead of obtain, retirement credit for all of the member’s previous service rendered while a full-time employee and participating member of a political subdivision’s defined benefit retirement plan; authorizes the member to use funds from any source to purchase such retirement credit; makes other related revisions.

Status:
Became Pub. Ch. 797 – 04/13/2022
Signed by Governor – 04/08/2022
House – Passed H., Ayes 88, Nays 0, PNV 0 03/21/2022
Senate – Passed Senate, Ayes 31, Nays 0, 3/7/2022

Notes: This bill is a correction to the pension transfer bill from last year that could not be implemented due to a conflict with federal law.

TCRS administration system upgrade – PASSED – Pub. Ch. 780
HB2273 – Williams | SB2152 – Hensley

Summary: As introduced, allows the retirement system to procure goods and services for a pension administration system that may replace the system currently in existence, subject to appropriation made in the general appropriations act.

Status:
Became Pub. Ch. 780 – 04/13/2022
Signed by Governor – 04/08/2022
House: Passed H., Ayes 88, Nays 0, PNV 003/21/2022
Senate – Passed Senate, Ayes 31, Nays 0, 3/7/2022

Notes: This bill seeks to upgrade the states concord system for TCRS

Relative Caregiver Program – PASSED – Pub. Ch. 785
HB2145 – Lamberth, Gant, Littleton, Crawford, Bricken, Keisling, Hardaway, Hawk, Hazlewood, Carr, Eldridge, Carringer, Ragan, Miller | SB2398 – Johnson, Walley, Briggs, Crowe, Reeves

Summary: As introduced, outlines a relative caregiver program for foster care; authorizes the department to implement an extension of the foster care program to provide services to youth transitioning from state custody to adulthood.

Status:
Became Pub. Ch. 785 – 04/13/2022
Signed by Governor – 04/08/2022
House: Passed H., Ayes 89, Nays 0, PNV 1, 3/24/2022
Senate: Passed Senate, Ayes 31, Nays 0, 3/03/2022

State Parks Funding Act
HB2168 – Lamberth, Gant | SB2418 – Johnson, Southerland, Walley PASSED by the legislature | On Gov’s Desk

Summary: As introduced, enacts the “State Parks Funding Act of 2022.”

Status:
House – Passed H., Ayes 92, Nays 0, PNV 104/11/2022
Senate – Passed Senate, Ayes 30, Nays 0, 3/21/2022

Paid Leave (5 days) to care for minor child due to COVID-19 sickness or school closure
HB2723 – Miller, Parkinson, Camper | SB2672 – Kyle

Summary: As introduced, grants state employees up to five days of leave to care for a minor child that is required to stay home as the result of a COVID-19 infection or school closure; prohibits counting such leave from against the employee’s accumulated sick or annual leave.

Status:
House: House Finance Sub – Tuesday, 4/26/2022
Senate: Passed Senate as amended, Ayes 25, Nays 6 4/20/2022

Note: If passed this bill will not be retroactive and will await a lengthy policy, procedure, and rule-making process before taking effect.

Correctional Teacher Pay
HB0846 – Sherrell, Cooper | SB1599 – Bailey, Yager

Summary: As introduced, requires the board of control of the Tennessee corrections institute to maintain a list of correctional teachers that includes their academic background and qualifications to teach.

Status:
House – House Finance Sub, Tuesday 4/26/2022
Senate – Senate Finance, Tuesday 4/26/2022

Note: Gov. Lee earmarked $1.4M from the FY23 Market Salary Funding for a 12% increase. These funds were included in the budget passed by the legislature in late April. TSEA has worked to advance this legislation all session and is grateful to Senators Bailey and Yager and Representatives Sherrell and Cooper for the work they have done with this bill.

Note on the Following two bills sponsored by Rep. Boyd:
Rep. Clark Boyd (Mount Juliet), a Veteran, has been committed to finding a pathway for Veterans of recent conflicts to gain state service credit as state employees have through the Vietnam Conflict. This combination of bills would allow a Veteran to buy that service time in the TCRS legacy system and set up a fund carved out in TCRS investments to potentially offset the cost someday. We are supporting Rep. Boyd and applaud his tireless work on this potential solution to a problem that has long existed.

TCRS Credit for Veterans who have served in conflict since the Vietnam War
HB1852 – Boyd, Griffey | SB2057 – Haile

Summary: As introduced, allows TCRS members who served in the armed forces during certain periods of armed conflict to establish retirement credit for the military service under certain conditions.

Status:
House: Passed H., Ayes 94, Nays 0, PNV 0 4/18/2022
Senate: Senate Finance – Tuesday, 4/26/2022

Funding for expanded TCRS military service credit
HB2382 – Boyd | SB2326 – Haile

Summary: As introduced, for purposes of determining which members receive payment of retirement service credit, defines the term “legacy plan” as the Tennessee consolidated retirement system established in the present law, but excluding the Hybrid Retirement Plan for State Employees and Teachers.

Status:
House: House Finance Sub – Tuesday, 4/26/2022
Senate: Senate Finance – Tuesday, 4/26/2022

Renaming the Health Services and Development Agency
HB2500 – Boyd | SB2466 – Reeves

Summary: As introduced, renames the health services and development agency as the health facilities commission

Status:
House: House Finance Sub – Tuesday, 4/26/2022
Senate: Senate Finance – 04/26/2022

Note: TSEA has been monitoring this legislation and it’s effect on members in the Department of Health that will be affected. We are in contact with Logan Grant, Executive Director of the Health Services and Development Agency as well as the sponsors of the bill Rep. Clark Boyd and Sen. Shane Reeves (Murfreesboro). The agency is holding informational meetings across the state, and we encourage you to attend. This year’s legislation is in conjunction with legislation that was passed last year which already establishes the new agency.

TCRS Taskforce Bill
HB2572 – Dogget, Littleton, Sherrell, Griffey | SB2872 – Bailey, Pody, Walley

Summary: As introduced, for purposes of computing the number of years of creditable service in the Tennessee consolidated retirement system, requires that a member who is employed as a law enforcement officer receive an additional, automatic credit of one year of service for every four years of creditable service the member has earned. (Bill in the process of being amended to create a TCRS Taskforce, see note below)

Status:
House: House Finance Sub – Tuesday, 4/26/2022
Senate: Passed Senate as amended, Ayes 29, Nays 4/14/2022

Note: Over the last few years, multiple bills regarding commissioned officers’ mandatory retirement and post-retirement insurance have been brought before the legislature. With current economic conditions and changes in the workforce, more bills came forward this year which brought the legislature to the conclusion that a task force needed to be established to identify and standardize the TCRS benefit and post-retirement insurance to be fair to all these groups. Senator Paul Bailey ( Sparta) and Representative Clay Doggett (Pulaski) are championing this legislation and allowing their bill to be amended to create the necessary task force. TSEA will be monitoring the progress of the task force upon passage of the bill.

TDOC Salary Increase
HB2339 – Windle | SB2345 Yager

Summary: As introduced, increases wages and salaries of preferred service employees of the department by 15 percent.

Status:
House: House Finance Sub – Tuesday, 4/26/2022
Senate: General Subcommittee of Senate State and Local Government Committee

Note: This bill has not been funded by the legislature.

The fiscal note for this bill is $30M.

Essential Employee TCRS Credit for Service During Covid
HB1658 – Russell, Griffey, C. Johnson | SB1805 – Massey, Jackson, Swann, Pody

Summary: As introduced, establishes COVID-19 essential employee retirement service credit for members of the Tennessee consolidated retirement system and participants in the state’s hybrid retirement plan.

Status:
House – House Finance Sub – Tuesday, 4/26/2022
Senate – Senate Finance – Tuesday, 4/26/2022

Note: This bill has not been funded by the legislature.