ABC Greater TN Legislative Priorities

ABC/TCC Legislative Priorities
112th General Assembly

Session 2020

ENSHRINING RIGHT TO WORK IN STATE CONSTITUTION

SJR648 Rep. Brian Kelsey
Summary: Constitutional Amendments - Proposes adding a provision establishing right to work regardless of status of affiliation with any labor union or employee organization.

Status
Signed by Senate Speaker 

ABC Position: SUPPORT
Rationale: ABC is strongly supportive of putting right to work law in the state constitution.

CONSTRUCTION INDUSTRY PAYMENT PROTECTION ACT- Bill Summary

HB2706 Rep. Ron Gant
SB2681 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 Russell
SB1762 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.

Status

House: 6/18/20- Received from House, Passed on First Consideration
Senate: 2/27/20- Re-refer to Senate Cal. Comm.

ABC Position: SUPPORT

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 Johnson
SB2508 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.

Status

House: 2/6/20- Caption Bill; held on desk- pending amendment
Senate: 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 Daniel
SB1914 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.

Status

House: 2/14/20- Assigned to General Subcommittee of Senate Commerce & Labor Committee
Senate: 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 Thompson
SB2418 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.

Status

House: 5/26/20- Taken off notice for cal in s/c K-12 Subcommittee of Education Committee
Senate: 2/10/20- Assigned to Senate Judiciary Committee

ABC Position: MONITORING

Rationale: The bill has some good features, but doesn’t go far enough to achieve needed reforms.

STATE LICENSING BOARD

HB1769 Rep. Martin Daniel
SB1691 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.

Status

Signed by Governor Lee

ABC Position: SUPPORT

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 Powell
SB2041 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.

Status

House: 2/5/20- Assigned to Business Subcommittee
Senate: 2/6/20- Assigned to Senate Commerce & Labor Committee

ABC Position: OPPOSE

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 Daniel
SB2451 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.

Status

House: 3/10/20- Taken off notice for cal in s/c Business Subcommittee of Commerce Committee
Senate: 3/17/20- Action deferred in Senate Commerce & Labor Committee

ABC Position: OPPOSE

Rationale: ABC opposes allowing companies to escape requirement for state licensing, etc.  

WORKERS COMPENSATION REQUIREMENTS

HB2628 Rep. Dewayne Thompson
SB2404 Sen. Sara Kyle

Summary: As introduced, revises provisions governing penalties for noncompliance with workers' compensation coverage requirements.

Status

House: 3/3/20- Taken off notice for cal in s/c Employee Affairs Subcommittee of Consumer and Human Resources Committee
Senate: 2/10/20- Referred to Senate Commerce & Labor Committee

ABC Position: OPPOSE

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 Sherrill
SB2865 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.

Status

House: 6/3/20- Taken off notice for cal. in Commerce Committee
Senate: 3/17/20- Action deferred in Senate Commerce & Labor Committee

ABC Position: MONITORING, OPPOSE IF AMENDED
Rationale: 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 Lamberth
SB2189 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.

Status

Signed by Governor Lee

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.

Status

House: 3/10/20- Taken off notice for cal in s/c Employee Affairs Subcommittee of Consumer and Human Resources Committee
Senate: 3/17/20- Action deferred in Senate Commerce & Labor Committee

ABC Position: SUPPORT

BOARD FOR LICENSING CONTRACTORS

HB1124 Rep. Martin Daniel
SB1000 Sen. Kerry Roberts

Summary: As introduced, clarifies that the board for licensing contractors must promulgate rules in accordance with the Uniform Administrative Procedures Act.

Status

House: 4/18/19- Action def. in Government Operations Committee to First Calendar of 2020
Senate: 1/15/20- Assigned to General Subcommittee of Senate Government Operations Committee

ABC Position: MONITORING
Rationale: Requires a Board of Licensing Contractor to develop rules in accordance with Uniform Administrative Procedures Act.

BLASTING

HB1015 Rep. Terri Lynn Weaver
SB1002 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.

Status

House: 2/11/19- P2C, caption bill, held on desk - pending amendment
Senate: 3/19/19- Assigned to General Subcommittee of Senate Commerce & Labor Committee

ABC Position: OPPOSE
Rationale: Caption bill to amend State Blasting Law

  


  


ABC- Greater Tennessee Legislative Contacts

Clay Crownover – President/CEO – 615-399-8323
Bob Pitts – Senior Policy Advisor – 615-399-8323
Bob Boles – Lobbyist, Tennessee Construction Coalition – 615-394-6410