(EDITORIAL NOTE – Dennis Huffer, MTAS Legal Consultant, originally compiled the 2005 Summary of Public Act. Richard L. Stokes, PHR, IPMA-CP compiled the list of Public Acts of Interest to HR Professionals. If you would like a copy of any of the Act, feel free to contact Richard L. Stokes, PHR, IPMA-CP at 615/532-6827 or via e-mail at Richard.stokes@tennessee.edu.)

2005 SUMMARY OF PUBLIC ACTS OF INTEREST TO HR PROFESSIONALS *

• Building, fire, and handicapped accessibility codes. *
• Training for court clerks. *
• Recovery of damages resulting from illegal drug activity. *
• Expansion of drug-free zones; increased penalties. *
• Sexual battery of a child by authority figure. *
• Sexual exploitation of minors. *
• Meningococcal disease. *
• Bullying policy required. *
• Salary adjustment for completion of additional academic training. *
• City school system employees serving as election officials. *
• Training for emergency call takers and dispatchers. *
• Training for emergency drivers. *
• Death benefit for volunteer rescue squad workers. *
• Fees for consulting services prohibited. *
• Requirement that volunteer be "unpaid" removed for death benefit. *
• Police officers for private colleges in Shelby County. *
• Pay supplement disallowed for officers employed by drug task forces. *
• Restrictions on commercial driver license holders. *
• Participation in meetings by electronic means allowed in certain cities. *
• Maternity leave statute expanded to include males and adoption. *
• Records of employment search for chief administrative officer. *
• Continued health coverage for dependents of employees killed in military service. *
• Use of title "social worker" restricted. *
• Work after retirement. *
• Withdrawal from TCRS by certain entities; part-time employees; mandatory retirement, etc. *
• Certification of unused sick leave. *
• Notice of breach of security of personal information on computer. *
• Treatment of public hospital in Shelby County as a governmental entity extended until December 31, 2011. *
• Work on water meters by energy acquisition corporations. *
• Life of appeals panel extended. *
• Penalty for violating rules setting medical fee schedule. *
• Presumption injury caused by drugs; other changes. *

2005 SUMMARY OF PUBLIC ACTS OF INTEREST TO HR PROFESSIONALS

Building, fire, and handicapped accessibility codes.
Chapter No. 284 (SB 2263/HB 2280). Amends T.C.A. 68-120-101 to remove references to the Southern Building Code Congress International, Inc., and the codes promulgated by that organization for adoption by local governments. Requires adoption and enforcement of the International Building Code and either the International Fire Code or the Uniform Fire Code published by the National Fire Protection Association for a local government to be exempt from state code enforcement.

Amends 68-120-204 to adopt the 2002 North Carolina Accessibility Code with 2004 amendments, the Uniform Federal Accessibility Standards, or the Americans with Disabilities Act Accessibility Guidelines as minimum state specifications for handicapped accessibility.

Allows local governments to adopt these enumerated publications and codes or codes or publications of other nationally recognized agencies or organizations.

Effective date: July 1, 2006.

Training for court clerks.
Chapter No. 120 (SB 295/HB 590). Amends T.C.A. 55-10-306 to require the Administrative Office of the Courts and the Department of Safety to provide annual training to clerks of courts with original jurisdiction over traffic offenses, including municipal court clerks, on the importance and necessity of preparing and forwarding to the Department of Safety the abstract forms for convictions for traffic violations. The training must also include the effect of any changes in the abstract reporting requirements resulting from changes in state or federal law.

Effective date: May 4, 2005.

Recovery of damages resulting from illegal drug activity.
Chapter No. 377 (SB 222/HB 17). Makes any person who participates in the illegal drug market liable for civil damages to any person, including any municipality, damaged by the activity. The person damaged may seek economic damages, non-economic damages, punitive damages, attorney fees, and costs of the suit, including expert fees. Examples of economic damages include cost of treatment, medical expenses, loss of productivity, absenteeism, accidents and injuries, and any other pecuniary loss. Comparative fault will not be attributable to any person who is not an individual drug user.

The statute of limitations under this Act is 2 years. A prosecuting attorney may represent the state or a political subdivision in an action brought under this Act. On motion by a governmental entity, an action brought under this Act will be stayed until the criminal investigation is complete.

This Act establishes other procedures for bringing a civil suit against a participant in illegal drug activity.

Effective date: July 1, 2005.

Expansion of drug-free zones; increased penalties.
Chapter No. 295 (SB 258/HB 291). Amends T.C.A. 39-17-432 to expand drug-free zones to include preschools, childcare agencies, public libraries, recreation centers, and parks. Provides for additional fines for violations of drug-free zones based upon the class of felony. Also provides that persons convicted of a violation too close to a preschool, child care center, public library, recreation center, or park will not be subject to additional incarceration but will be subject to the additional fine.

Effective date: July 1, 2005.

Sexual battery of a child by authority figure.
Chapter No. 478 (SB 879/HB 857). Amends T.C.A. 39-13-527 to include persons in a position of trust among the authority figures who can commit sexual battery and use the position to help commit it.

Effective date: July 1, 2005.

Sexual exploitation of minors.
Chapter No. 496 (SB 2102/HB 2082). Amends various sections of T.C.A. Title 39, Chapter 17, Part 10, to revise the laws on the sexual exploitation of minors.

Replaces 39-13-528 relative to soliciting minors for sexual purposes. Adds 39-13-529, which makes it a Class B felony to induce a minor to engage in sexual activity or simulated sexual activity. Also makes it unlawful for adults to engage in certain sexual acts by electronic means.

Effective date: July 1, 2005.

Meningococcal disease.
Chapter No. 177 (SB 825/HB 1107). Amends several sections of T.C.A. Title 49 to require Local Education Agencies and other public and private schools to provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination for the disease. This must be done at the beginning of each school year.

Effective date: July 1, 2005.

Bullying policy required.
Chapter No. 202 (SB 1621/HB 2114). Amends T.C.A. Title 49, Chapter 6, Part 10, to require each school district to adopt a policy prohibiting harassment, intimidation, and bullying. The Act contains several suggestions for developing the policy. The school district must send a copy of the policy to the Commissioner of Education by January 1, 2006. Prohibits school employees, students, and volunteers from retaliating against a victim of or witness to bullying. Encourages reporting. A school employee who reports bullying is immune from liability for failing to stop it.

Effective date: May 19, 2005.

Salary adjustment for completion of additional academic training.
Chapter No. 338 (SB 1284/HB 1250). Amends T.C.A. 49-5-402 to allow a salary adjustment during the academic year for teachers or other school personnel who complete academic training after the beginning of the school year but before January 1. Establishes requirements.

Effective date: January 1, 2006.

City school system employees serving as election officials.
Chapter No. 163 (SB 2215/HB 2245). Amends T.C.A. 2-1-112(b)(2) to allow employees of city school systems who do not serve directly under an elected official to be a member of the county election commission, a member of the county primary board, or an election official.

Effective date: July 1, 2005.

Training for emergency call takers and dispatchers.
Chapter No. 129 (SB 2107/HB 2193). Amends T.C.A. 7-86-205 to require each emergency call taker or public safety dispatcher who receives an initial or transferred 911 call to successfully complete a course of study approved by the Emergency Communications Board by July 1, 2006. Persons employed after July 1, 2006, have 6 months from the date of employment to complete the course.

Effective date: May 4, 2005.

Training for emergency drivers.
Chapter No. 243 (SB 1174/HB 991). Requires at least 2 hours training annually for emergency vehicle drivers. The training must include training in the operation of the vehicle in emergency and non-emergency situations, a review of all applicable laws on emergency vehicles, and responding to non-emergency vehicles. The driver must also take and pass a comprehensive examination on these matters each year. This Act applies to law enforcement personnel, firefighters (including volunteers), rescue personnel (including volunteers), and emergency services personnel.

Effective date: January 1, 2006.

Death benefit for volunteer rescue squad workers.
Chapter No. 450 (SB 181/HB 110). Adds T.C.A. 7-51-207 to require that a death benefit be paid to the estate of a volunteer rescue squad worker killed in the line of duty. The benefit is $25,000.00 and is paid from the state’s general fund.

Effective date: June 18, 2006.

Fees for consulting services prohibited.
Chapter No. 102 (SB 1841/HB 1). Adds T.C.A. 2-10-124, which makes it an offense for any elected city or county official, or for any member-elect of a city or county governing body, knowingly to receive a fee, commission, or any other form of compensation for consulting services, other than compensation paid by the state, a county, or a municipality. Also makes it an offense for any person or entity other than the state, a county, or a municipality knowingly to pay a fee, commission, or other form of compensation for consulting services to an elected local official or member-elect of a local governing body in the municipality or county in which the consulting services are provided.

"Consulting services" relative to municipal officials, means services to advise or assist a person or entity in influencing municipal legislative or administrative action. "Consulting services" does not include the practice of law in connection with representation of clients in contested cases or administrative or rule-making proceedings.

If a violation also constitutes bribery, it is a Class C felony. Any other violation is a Class A misdemeanor. An official convicted of any violation, however, whether felony or misdemeanor, will be barred from ever holding any office in Tennessee.

Effective date: July 1, 2005.

Requirement that volunteer be "unpaid" removed for death benefit.
Chapter No. 314 (SB 122/HB 321). Amends T.C.A. 7-51-206(a) to remove the requirement that a volunteer firefighter be unpaid to receive the benefit provided in that section for death in the line of duty.

Effective date: Applies to firefighters killed on or after June 8, 2004.

Police officers for private colleges in Shelby County.
Chapter No. 119 (SB 47/HB 864). Amends T.C.A. 49-7-118 to allow private colleges in Shelby County that are accredited by the Southern Association of Colleges and Schools to employ and commission police officers under the conditions described in that section.

Effective date: May 4, 2005.

Pay supplement disallowed for officers employed by drug task forces.
Chapter No. 258 (SB 1692/HB 582). Amends T.C.A. 8-7-110 to clarify that certified officers employed by drug task forces are not eligible for the police pay supplement.

Effective date: May 28, 2005.

Restrictions on commercial driver license holders.
Chapter No. 235 (SB 2302/HB 2306). Amends T.C.A. 55-10-301 to make provisions relative to driver education courses unavailable to violators holding Class A, B, or C licenses.

Amends 55-50-102 (48) to make driving a commercial vehicle without a commercial driver license in one’s possession or without the proper endorsements a "serious traffic violation."

Amends 55-50-302 and 303 to prohibit restricted licenses for commercial drivers.

Amends 55-50-405 to allow commercial drivers without a license in their possession at the time of the violation to submit evidence of compliance at the time of the violation. If the court is satisfied that there was no violation, the charges must be dismissed and no litigation tax will be due. Also removes certain intrastate vehicles from commercial driver license requirements.

Effective date: September 1, 2005.

Participation in meetings by electronic means allowed in certain cities.
Chapter No. 82 (SB 632/HB 664). Amends T.C.A. 8-44-108(a) to allow the governing bodies of general law city manager-commission cities with a city commission of 3 members and a population of more than 2,500 to allow participation in public meetings by electronic means under the restrictions of that section.

Effective date: July 1, 2005.

Maternity leave statute expanded to include males and adoption.
Chapter No. 224 (SB 1566/HB 1323). Amends T.C.A. 4-21-408, Tennessee’s maternity leave statute, to extend leave to males and to include adoption. For adoption, the leave period begins at the time the employee receives custody of the child.

The 3 months advance notice is waived for adoption if the employee received the notice of adoption less then 3 months from when he/she received custody.

Effective date: May 27, 2005.

Records of employment search for chief administrative officer.
Chapter No. 263 (SB 868/HB 1968). Amends T.C.A. 10-7-503 to require all records (employment applications, credentials, and other documents) involving an employment search for a director of schools or any chief administrative officer of a public entity that are in the possession of any person to be open for inspection by any citizen during business hours. The word "person" includes individuals, corporations, firms, companies, associations, and business entities.

Effective date: May 28, 2005.

Continued health coverage for dependents of employees killed in military service.
Chapter No. 376 (SB 2320/HB 2336). Amends T.C.A. 8-27-207 to provide for continued health insurance coverage under the local government health plan for the spouses and dependent children of local government employees with family coverage called to active duty and killed in the line of duty. The surviving spouse’s and dependent children’s cost will be 20% of the amount paid by employees for the coverage. The rest will be paid by the Military Department.

If the surviving spouse marries and becomes eligible for other coverage, eligibility under this section terminates. Allows continued coverage for dependent children if the spouse is unable to obtain this otherwise.

Effective date: Retroactive to September 11, 2001.

Use of title "social worker" restricted.
Chapter No. 469 (SB 1804/HB 1844). Adds T.C.A. 63-23-111 to prohibit governmental entities from using the title "social worker" unless the volunteer or employee meets the requirements of that section.

Effective date: July 1, 2006.

Work after retirement.
Chapter No. 203 (SB 500/HB 962). Amends T.C.A. 8-36-805 to allow employees retired under the Tennessee Consolidated Retirement System to work up to 120 (up from 100) days per year without loss of retirement benefits for an employer covered by TCRS. Allows the retired individual to earn up to 60% (up from 50%) of pre-retirement salary.

Repeals T.C.A. 8-36-809 (which allowed retired general state employees, state police, and wildlife officers to work for a political subdivision without loss of benefits), 8-36-817 (which allowed retired city police officers to work for the county without loss of benefits), 8-36-819 (which allowed retired municipal police officers and firefighters to work for other municipalities without loss of benefits), and 8-36-822 (which allowed a retired teacher to serve as a full-time elected city official without loss of benefits).

Effective date: Provisions on 120 days and 60% of salary take effect on July 1, 2005; repeals take effect on January 1, 2006, and apply only to TCRS members who retire on or after that date.

Withdrawal from TCRS by certain entities; part-time employees; mandatory retirement, etc.
Chapter No. 204 (SB 503/HB 120). Amends T.C.A. 8-35-218 to allow hospitals, nursing homes, transit authorities, utilities, or other instrumentalities that operate under a board different from a political subdivision’s legislative body to terminate participation in TCRS. Establishes procedures.

Amends 8-35-219 to allow part-time employees (and present TCRS members) of employers that terminate coverage for part-time employees to continue to be eligible for membership. Makes the resolution to withdraw coverage for part-time employees irrevocable.

Amends 8-34-620 to allow a TCRS member in a defined contribution plan in another state to establish TCRS credit with funds other than those in the other state’s plan.

Amends 8-35-403 to allow transfer of credit from optional retirement plans to TCRS in some circumstances.

Amends 8-36-121 to establish a presumption that the member’s spouse is the beneficiary if the member neglects to designate one.

Amends 8-36-205(a)(3)(B) to remove age 60 for mandatory retirement of police officers and firefighters and age 62 for these officers with administrative duties that consume less than 50% of the member’s duties, and replaces age 60 with "the age requirement established by the political subdivision" and replaces age 62 with "the age requirement for receipt of old age and survivors benefits." This section exempts police chiefs and fire chiefs from mandatory retirement and allows them to serve beyond the age of eligibility for social security.

Amends 8-36-211 relative to bridge benefits to remove references to benefits beginning at age 60 and provides that the bridge benefit begins on the member’s effective date of retirement or the month after the member reaches 60, whichever is later.

Amends 8-36-503 to require members on disability retirement to report on a quarterly basis the status of any workers’ compensation claim filed by the member. The member must file settlements and judgments with the system within 30 days after finality.

This Act amends 8-36-809, which is repealed effective January 1, 2006, by Chapter No. 203, to clarify that the section applies only to employment by local government entities.

This Act makes several other changes to retirement provisions.

Effective date: May 23, 2005.

Certification of unused sick leave.
Chapter No. 382 (SB 700/HB 306). Amends T.C.A. Title 8, Chapter 50, Part 8, to allow an employer participating in TCRS that had a regular sick leave program but whose sick leave records were lost or destroyed to certify unused sick leave for an employee based upon an affidavit by the employee, an affidavit by a current or former co-worker of the employee, and the employer’s determination that the number of sick leave days is reasonable. These provisions cease to be effective on July 1, 2010.

Effective date: June 9, 2005.

Notice of breach of security of personal information on computer.
Chapter No. 473 (SB 2220/HB 2170). Amends T.C.A. Title 47, Chapter 18, Part 21, to require any information holder, including the state and its political subdivisions, that keeps personal information on computer to notify any person whose personal information is reasonably believed to have been acquired by an unauthorized person. The disclosure must be made without unreasonable delay. The notice must be done immediately after discovery if the information holder does not own the information. The notice may be delayed if a law enforcement agency determines the notice will impede a criminal investigation.

Personal information for which notice must be given if security is breached is the person’s name in combination with the social security number, driver license number, account number, or credit or debit card number in combination with any security code, access code, or password that would permit access to the person’s financial account.

The notice may be written or electronic. Electronic notice must comply with federal law regarding electronic records and electronic signatures. Substitute notice may be given when the cost would exceed $250,000.00 or the number of persons notified exceeds 500,000. Substitute notice can be e-mail, conspicuous posting on the information holder’s website, or notification to major statewide media.

When more than 1,000 people must be notified, the person discovering the circumstances requiring notification must notify without unreasonable delay all consumer reporting agencies and credit bureaus that compile information on a national basis.

This Act does not provide for civil damages against governmental entities for violating it but does allow damages against persons and business entities.

Effective date: July 1, 2005.

Treatment of public hospital in Shelby County as a governmental entity extended until December 31, 2011.
Chapter No. 54 (SB 519/HB 701). Amends T.C.A. 29-20-102 (3)(B) to extend the treatment for tort liability purposes of a public hospital in Shelby County as a governmental entity from June 30, 2006, to December 31, 2011.

Effective date: April 14, 2005.

Work on water meters by energy acquisition corporations.
Chapter No. 110 (SB 900/HB 1341). Amends T.C.A. 7-39-302(a) to allow energy acquisition corporations to install, read, maintain, and remove water meters for an associated or other municipality.

Effective date: May 4, 2005.

Life of appeals panel extended.
Chapter No. 28 (SB 1721/HB 440). Repeals T.C.A. 50-6-225(e)(7) to extend the existence of the special workers’ compensation appeals panel indefinitely.

Effective date: July 1, 2005.

Penalty for violating rules setting medical fee schedule.
Chapter No. 188 (SB 1578/HB 1638). Amends T.C.A. 50-6-204(i)(5) to provide that the penalty provisions for rules establishing a medical fee schedule for Workers’ Compensation cases will not take effect until January 1, 2006.

Effective date: May 19, 2005.

Presumption injury caused by drugs; other changes.
Chapter No. 390 (SB 2321/HB 2337). Amends T.C.A. 50-6-110(c)(1) to change the blood concentration of drugs from 0.10% to 0.08% for the presumption to apply that the injury was caused by drugs rather than by the job for employers under the state Drug-Free Workplace program.

This Act makes other changes that appear to be minor housekeeping changes to the workers’ comp law.

Effective date: June 9, 2005.