Legislative Brief 1-24-2020

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Tennessee Fire Service Coalition 2020
Bill Report

SB29/HB384 GOVERNMENT ORGANIZATION: Expands first responder benefits to include emergency medical technicians.
Sponsors: Sen. Haile, Ferrell , Rep. Weaver, Terri

Summary: Includes emergency medical technicians in the compensation for injury or death suffering during employment.

Fiscal Note: (Dated February 17, 2019) Other Fiscal Impact For each individual death benefit awarded, there will be an increase in state expenditures of at least $50,000 per benefit per
year over a five-year period. In the event, an EMT or paramedic death occurs in the line of duty within the respective local government that provides first responder health
benefits for survivors, there will be a decrease in local government expenditures, as, at a minimum, any benefits otherwise provided by the local government will be paid by
the state for two years. The extent and timing of any such impacts are dependent upon multiple unknown factors and cannot be determined with reasonable certainty.

Senate Status: 03/18/19 – Senate passed.
House Status: 04/30/19 – Taken off notice in House Finance, Ways & Means Subcommittee.

 

SB67/HB1420 RETAIL TRADE: Prohibits certain flame retardants in juvenile products and upholstered furniture.
Sponsors: Sen. Gilmore, Brenda , Rep. Towns Jr., Joe

Summary: Prohibits a person, including a manufacturer, from selling or distributing any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains
covered flame retardant chemicals at levels above 1,000 parts per million. Also prohibits a custom upholsterer from repairing or reupholstering furniture using components
that contain covered flame retardant chemicals at levels above 1,000 parts per million. Requires the department of agriculture to enforce and ensure compliance with this
part. Specifies fines for violations of this section.

Fiscal Note: (Dated March 3, 2019) Increase State Expenditures $4,800/One-Time/Department of Agriculture $265,300/Recurring/Department of Agriculture

Senate Status: 01/30/19 – Referred to Senate Commerce & Labor Committee.
House Status: 03/13/19 – Taken off notice in House Consumer Subcommittee.

 

SB200/HB780 WORKERS COMPENSATION: Creates presumption that firefighters with PTSD are eligible for workers’ compensation.
Sponsors: Sen. Briggs, Richard , Rep. Ramsey, Bob

Summary: Creates presumption that, for purposes of workers’ compensation, firefighter or emergency medical services personnel diagnosed with post-traumatic stress disorder
(PTSD) sustained the injury in the line of duty in the absence of evidence that the PTSD was caused by other risk factors or exposure.

Fiscal Note: (Dated April 4, 2019) Increase Local Expenditures Exceeds $17,064,000/Recurring

Senate Status: 02/01/19 – Referred to Senate Commerce & Labor Committee.
House Status: 02/11/19 – Referred to House Employee Affairs Subcommittee.

 

SB386/HB335 MEDIA & PUBLISHING: Designates 911 calls and recordings as confidential.
Sponsors: Sen. Reeves, Shane , Rep. Tillis, Rick

Summary: Designates 911 calls, transmissions, and recordings of an emergency communications district and emergency communications board as confidential and specifies that they may be used only for public safety purposes, law enforcement, fire, medical, rescue, dispatching, or other emergency services. Permits a 911 call, transmission, or recording to be released to another party with the written consent of the caller whose voice is captured on the call, transmission, or recording.

Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT

Senate Status: 02/06/19 – Referred to Senate State & Local Government Committee.
House Status: 03/27/19 – Taken off notice in House Public Service & Employee Subcommittee.

 

SB422/HB493 CRIMINAL LAW: Carrying of handguns by firefighters and emergency medical technicians.
Sponsors: Sen. Hensley, Joey , Rep. Doggett, Clay

Summary: Allows firefighters and emergency medical technicians to carry handguns while engaged in official duties if pursuant to a written directive by the executive supervisor of the
organization to which the person is attached or employed.

Fiscal Note: (Dated March 20, 2019) Other fiscal impact Public employers of participating firefighters and EMTs will incur increases in liability insurance premiums; the extent and timing
of any such impact cannot be determined with reasonable certainty.

Senate Status: 02/06/19 – Referred to Senate Judiciary Committee.
House Status: 02/04/19 – Withdrawn in House.

 

SB438/HB519 LOCAL GOVERNMENT: Tennessee Firefighter Cancer Act.
Sponsors: Sen. Bell, Mike , Rep. Hill, Timothy

Summary: Establishes the Tennessee Firefighter Cancer Act. Creates rebuttable presumption that a firefighter’s cancer that causes a disabling health condition is a result of the
firefighter’s duties under certain criteria. Criteria consists of being exposed to heat or fumes, completing five or more years in service, and unable to perform duties as a
result of cancer. Allows firefighter to receive the benefit of the presumption for four months for each full year of classified service but is limited to a maximum of 120 months
following termination. Permits an employer to require a firefighter to submit to a pre-employment and annual medical examination that screens for cancer.

Fiscal Note: (Dated March 17, 2019) Increase State Expenditures — $100,000/FY19-20 $200,000/FY20-21 $300,000/FY21-22 $400,000/FY22-23 $500,000/FY23-24 and Subsequent
Years Exceeds $10,000/Claims Commission Increase Local Expenditures Exceeds $1,000,000*

Senate Status: 04/09/19 – Taken off notice in Senate Commerce & Labor Committee.
House Status: 04/10/19 – Taken off notice in House Local Committee.

 

SB619/HB800 CRIMINAL LAW: Carrying of handgun by firefighter or emergency medical technician.
Sponsors: Sen. Hensley, Joey , Rep. Doggett, Clay

Summary: Permits any person employed in emergency management or as a firefighter or emergency medical technician to carry a handgun while engaged in the performance of the
person’s official duties. Requires such person to successfully complete a firearm training program of at least eight hours duration on an annual basis.

Fiscal Note: (Dated March 9, 2019) Other fiscal impact Public employers of participating firefighters and EMTs will incur increases in liability insurance premiums; the extent and timing
of any such impact cannot be determined with reasonable certainty.

Senate Status: 02/07/19 – Referred to Senate Judiciary Committee.
House Status: 03/13/19 – Taken off notice in House Constitutional Protections & Sentencing Subcommittee.

 

SB718/HB855 ENVIRONMENT & NATURE: Resolution of county and city fire code conflicts.
Sponsors: Sen. Gardenhire, Todd , Rep. Carter, Mike

Summary: Extends the time allotted for the state fire marshal to resolve conflicts between a city’s and a county’s building or fire code when a county building is located within a city to
15 calendar days. Broadly captioned.

Fiscal Note: (Dated February 9, 2019) NOT SIGNIFICANT

Senate Status: 04/09/19 – Taken off notice in Senate Commerce & Labor Committee.
House Status: 02/07/19 – Caption bill held on House clerk’s desk.

 

SB851/HB298 LOCAL GOVERNMENT: Volunteer fire departments – hiring of two additional firefighters.
Sponsors: Sen. Crowe, Rusty , Rep. Hill, Matthew

Summary: Authorizes county governments to hire up to two firefighters to staff each volunteer fire department station in the county and requires the state to pay for the health and
retirement benefits for firefighters employed under this bill.

Fiscal Note: (Dated February 21, 2019) Increase State Expenditures Exceeds $2,383,300 Increase Federal Expenditures Exceeds $223,600 Increase Local Expenditures Exceeds
$10,466,900/Permissive Other Fiscal Impact The total additional lump sum pension liability to the Tennessee Consolidated Retirement System is estimated to exceed
$9,620,100.

Senate Status: 02/11/19 – Referred to Senate State & Local Government Committee.
House Status: 02/05/19 – Referred to House Public Service & Employee Subcommittee.
Executive Status: 03/07/19 – Set for Joint Council on Pensions and Insurance 03/11/19.

 

SB1085/HB1027 PUBLIC EMPLOYEES: Pay supplement for firefighters.
Sponsors: Sen. Dickerson, Steven , Rep. Lynn, Susan
Summary: Increases to $700 the pay supplement for firefighters who complete a rank appropriate, in-service training course of at least 40 hours duration at a school established by the firefighter commission.

Fiscal Note: (Dated March 6, 2019) Increase State Expenditures – $684,800

Senate Status: 02/11/19 – Referred to Senate Commerce & Labor Committee.
House Status: 02/13/19 – Referred to House Cities & Counties Subcommittee.

SB1125/HB1127 ENVIRONMENT & NATURE: Report on sealed battery smoke alarms in residential buildings.
Sponsors: Sen. Briggs, Richard , Rep. Tillis, Rick

Summary: Requires the state fire marshal to submit a report with the commissioner of commerce and insurance on the benefits of using sealed battery smoke alarms in residential
buildings located in this state as compared to the use of standard smoke detectors in such buildings.

Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT

Senate Status: 02/11/19 – Referred to Senate Commerce & Labor Committee.
House Status: 02/13/19 – Referred to House Department & Agencies Subcommittee.

 

SB1146/HB1497 ENVIRONMENT & NATURE: Newspaper notice in fireworks seizure cases.
Sponsors: Sen. Akbari, Raumesh , Rep. Kumar, Sabi

Summary: Requires the state fire marshal to post notice in a newspaper of general circulation once a week for five, instead of three, consecutive weeks when fireworks are seized in
the county in order that the identity of the owner can be determined.

Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT

Senate Status: 02/11/19 – Referred to Senate Commerce & Labor Committee.
House Status: 02/11/19 – Caption bill held on House clerk’s desk.

 

SB1266/HB80 LOCAL GOVERNMENT: Increases time frame for fire marshal’s resolution decision.
Sponsors: Sen. Pody, Mark , Rep. Hulsey, Bud

Summary: Increases the amount of days a fire marshal has to provide a decision for a conflict between county and city governments regarding a building or fire code issue for a county
building located in a city. Adjusts the time from within 10 working days to within 15 working days of receipt of the written appeal. Broadly captioned.

Fiscal Note: (Dated January 29, 2019) NOT SIGNIFICANT

Senate Status: 02/11/19 – Referred to Senate State & Local Government Committee.
House Status: 01/28/19 – Caption bill held on House clerk’s desk.

 

SB1381/HB744 RETAIL TRADE: Changes the amount of days for an owner to claim seized fireworks.
Sponsors: Sen. Yager, Ken , Rep. Powers, Dennis

Summary: Changes the amount of days for an owner to claim seized fireworks from 10 days to 10 business days from the date of publication in newspaper of unidentified fireworks.
Broadly captioned.

Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT

Senate Status: 02/11/19 – Referred to Senate Commerce & Labor Committee.
House Status: 02/07/19 – Caption bill held on House clerk’s desk.

 

SB1395/HB518 PUBLIC EMPLOYEES: Creates program awarding grants to volunteer firefighter departments for purchase of equipment.
Sponsors: Sen. Bell, Mike , Rep. Hill, Timothy

Summary: Creates a program managed by the commissioner of commerce and insurance to annually award grants to volunteer fire departments for the purchase of firefighting
equipment or to meet local match requirements for federal grants for such purchases.
Amendment- Senate amendment 1 (009121) specifies the total amount of grants awarded each year must be equally divided among the three grand divisions of the state instead of
dividing the state by county into east, middle, west, northeast, and southwest divisions.
Fiscal Note: (Dated February 16, 2019) Increase State Expenditures $127,900/FY19-20 $255,700/FY20-21 and Subsequent Years Decrease Local Expenditures $127,900/FY19-20
$255,700/FY20-21 and Subsequent Years

Senate Status: 05/01/19 – Senate passed with amendment 1 (009121), which specifies the total amount of grants awarded each year must be equally divided among the three grand
divisions of the state instead of dividing the state by county into east, middle, west, northeast, and southwest divisions.
House Status: 05/02/19 – House concurred in Senate amendment 1 (009121).
Executive Status: 05/28/19 – Enacted as Public Chapter 0497 effective May 24, 2019.

 

SB1639 PUBLIC EMPLOYEES: Adds volunteer firefighter training compensation.
Sponsors: Sen. Yager, Ken ,

Summary: Adds volunteer firefighters as eligible recipients of $800 from the commission on firefighting personnel standards and education upon completion of training totaling at least
40 hours.

Senate Status: 01/22/20 – Introduced in the Senate

SB1776/HB1856 RETAIL TRADE: Sale of fireworks – novelties and sparkling devices.
Sponsors: Sen. Massey, Becky , Rep. Marsh, Pat

Summary: Permits retailers and seasonal retailers to sell novelties and sparkling devices under certain circumstances in every city, town, municipality, and county, including a county
with a metropolitan government, in this state. Defines “novelties” to mean party poppers, snappers, deregulated toy smoke devices, snakes, sparklers, and glow worms, as
long as the aforementioned items are not regulated as explosives by the United States Department of Transportation.

Senate Status: 01/23/20 – Introduced in the Senate
House Status: 01/23/20 – Filed for Introduction

 

HB1819 WORKERS COMPENSATION: Expands qualifications for firefighters to receive worker’s compensation.
Sponsors: Rep. Hicks, Gary

Summary: Expands compensation benefits to firefighter employed after July 1, 2019. Requires firefighters obtain a physical medical examination after July 1, 2019 to qualify for worker’s compensation. Qualification for compensation specifies no evidence of Non-Hodgkin’s Lymphoma, colon, skin, or multiple myeloma cancer be present at time of examination.

House Status: 01/23/20 – Introduced in the House