Session 2020
ENSHRINING RIGHT TO WORK IN STATE CONSTITUTION
SJR648 Rep. Brian KelseySummary: Constitutional Amendments - Proposes adding a provision establishing right to work regardless of status of affiliation with any labor union or employee organization.
StatusSigned by Senate Speaker
ABC Position: SUPPORTRationale: ABC is strongly supportive of putting right to work law in the state constitution.
CONSTRUCTION INDUSTRY PAYMENT PROTECTION ACT- Bill Summary
HB2706 Rep. Ron GantSB2681 Sen. Jack Johnson
Summary: As introduced, increases from 15 days to 15 business days, the time period in which a person must endeavor to serve notice of a claim against a contractor, subcontractor, supplier, or design professional related to an alleged construction defect following discovery of the alleged defect.
Status
Signed by Governor
ABC Position: SUPPORT
Rationale: Bill may be used to rewrite a number of construction statutes. This would be acceptable to all the major construction organizations.
CONSTRUCTION SERVICE PROVIDER REGISTRATION
HB1672 Rep. Lowell RussellSB1762 Sen. Shane Reeves
Summary: As introduced, transfers administration of construction service provider registration from the secretary of state to the bureau of worker's compensation.
House: 6/18/20- Received from House, Passed on First ConsiderationSenate: 2/27/20- Re-refer to Senate Cal. Comm.
Rationale: ABC is supportive of transfer the administration of construction service provider registration from the secretary of state to the Bureau of Worker’s Compensation.
CONSTRUCTION DEFECT CLAIMS
HB2137 Rep. Curtis JohnsonSB2508 Sen. Steven Dickerson
Summary: As introduced, changes from 30 days to 30 business days, the period following notice of a construction defect claim in which a contractor, subcontractor, supplier, or design professional must serve a written response to the claimant.
House: 2/6/20- Caption Bill; held on desk- pending amendmentSenate: 2/10/20- Referred to Senate Commerce & Labor Committee
ABC Position: MONITORING
Rationale: Bill is a caption bill, unsure of purpose.
CONSTRUCTION LICENSING
HB1945 Rep. Martin DanielSB1914 Sen. Janice Bowling
Summary: As introduced, authorizes a person to perform, without a license, work for which a license is normally required if the recipient of the work acknowledges the person's lack of licensure and waives claims against the person.
House: 2/14/20- Assigned to General Subcommittee of Senate Commerce & Labor CommitteeSenate: 1/31/20- Assigned to Business Subcommittee
ABC Position: OPPOSE
Rationale: The bill provides for use of unlicensed contractors in certain circumstances
CRIMINAL BACKGROUNDS AND SCHOOLS
HB2165 Rep. Dewayne ThompsonSB2418 Sen. Katrina Robinson
Summary: As introduced, prohibits a contractor or contractor's employee with a criminal offense from having direct contact with students on the grounds of a school or child care program.
House: 5/26/20- Taken off notice for cal in s/c K-12 Subcommittee of Education CommitteeSenate: 2/10/20- Assigned to Senate Judiciary Committee
Rationale: The bill has some good features, but doesn’t go far enough to achieve needed reforms.
STATE LICENSING BOARD
HB1769 Rep. Martin DanielSB1691 Sen. Kerry Roberts
Summary: As introduced, extends the state board for licensing contractors to June 30, 2026; revises minimum attendance requirement for board members and requires removal of members who do not meet the requirement.
Signed by Governor Lee
Rationale: ABC is supportive of extending the sunset of the Contractor Licensing Board to June 30, 2026, etc.
LOCAL GOVERNMENT BONDING FOR SUBCONTRACTORS
HB2082 Rep. Jason PowellSB2041 Sen. Brenda Gilmore
Summary: As introduced, allows a county, municipality, or school board to require a contractor to bond their subcontractor in order to ensure contractors of the subcontractor receive fair compensation for work completed.
House: 2/5/20- Assigned to Business SubcommitteeSenate: 2/6/20- Assigned to Senate Commerce & Labor Committee
Rationale: ABC is opposed to allowing a local government the ability to require a contractor to bond their subcontractors to be sure their subcontractors receives tax compensation.
LICENSING INDEPENDENCE FOR FUTURE TENNESSEANS (LIFT Act)
HB1944 Rep. Martin DanielSB2451 Sen. Kerry Roberts
Summary: Recognizes licenses of those moving into Tennessee as long as they have been in good standing for at least a year.
House: 3/10/20- Taken off notice for cal in s/c Business Subcommittee of Commerce CommitteeSenate: 3/17/20- Action deferred in Senate Commerce & Labor Committee
Rationale: ABC opposes allowing companies to escape requirement for state licensing, etc.
WORKERS COMPENSATION REQUIREMENTS
HB2628 Rep. Dewayne ThompsonSB2404 Sen. Sara Kyle
Summary: As introduced, revises provisions governing penalties for noncompliance with workers' compensation coverage requirements.
House: 3/3/20- Taken off notice for cal in s/c Employee Affairs Subcommittee of Consumer and Human Resources CommitteeSenate: 2/10/20- Referred to Senate Commerce & Labor Committee
Rationale: The bill, among other things, has a very unreasonable stop-work order provision that would be very detrimental to construction projects.
FAULTY ELECTRICAL WORK BY LIMITED LICENSED ELECTRICIAN
HB2563 Rep. Paul SherrillSB2865 Sen. Paul Bailey
Summary: As introduced, requires a person with knowledge of faulty electrical work performed by a limited licensed electrician to notify the board of licensing contractors within three business days from date the person knows of the faulty electrical work.
House: 6/3/20- Taken off notice for cal. in Commerce CommitteeSenate: 3/17/20- Action deferred in Senate Commerce & Labor Committee
ABC Position: MONITORING, OPPOSE IF AMENDEDRationale: It is believed that this bill will be used to change the law to raise the dollar limit in present law on when a contractor must be licensed.
WORKERS COMPENSATION EXCLUSION
HB2256 Rep. William LamberthSB2189 Sen. Jack Johnson
Summary: As introduced, excludes construction service providers performing work in this state from certain provisions of the workers' compensation law, requires construction service providers to maintain workers' compensation insurance coverage while working in this state, and imposes liability on a successor in interest of a penalized construction service provider.
ABC Position: MONITORING, SUPPORT IF AMENDED
Rationale: We believe this bill to be an administration bill designed to clarify law regarding construction service providers and workers compensation.
SELF-INSURER POOLS
HB2419 Rep. Patsy Hazlewood SB2311 Sen.Todd Gardenhire
Summary: As introduced, exempts from the Uniform Unclaimed Property Act any dividend, liquidating distribution, refund, or other distribution by a workers' compensation self-insurer pool.
House: 3/10/20- Taken off notice for cal in s/c Employee Affairs Subcommittee of Consumer and Human Resources CommitteeSenate: 3/17/20- Action deferred in Senate Commerce & Labor Committee
BOARD FOR LICENSING CONTRACTORS
HB1124 Rep. Martin DanielSB1000 Sen. Kerry Roberts
Summary: As introduced, clarifies that the board for licensing contractors must promulgate rules in accordance with the Uniform Administrative Procedures Act.
House: 4/18/19- Action def. in Government Operations Committee to First Calendar of 2020Senate: 1/15/20- Assigned to General Subcommittee of Senate Government Operations Committee
ABC Position: MONITORINGRationale: Requires a Board of Licensing Contractor to develop rules in accordance with Uniform Administrative Procedures Act.
BLASTING
HB1015 Rep. Terri Lynn WeaverSB1002 Sen. Kerry Roberts
Summary: As introduced, increases from 30 to 45 days after the seizure of an explosive obtained by a warrant that the commissioner may dispose of such explosive if the commissioner has not received any communication from the lawful owner of the explosive.
House: 2/11/19- P2C, caption bill, held on desk - pending amendmentSenate: 3/19/19- Assigned to General Subcommittee of Senate Commerce & Labor Committee
ABC Position: OPPOSERationale: Caption bill to amend State Blasting Law
Clay Crownover – President/CEO – 615-399-8323 Bob Pitts – Senior Policy Advisor – 615-399-8323 Bob Boles – Lobbyist, Tennessee Construction Coalition – 615-394-6410