Economic and Community Development - As enacted, places certain restrictions on employers seeking to receive economic development incentives. - Amends TCA Title 4 and Title 50.
HB1342 has been assigned Public Chapter Number 415 by the Secretary of State.

Conference Committee Reports

Majority Report # 1 for HB1342 / SB0650

  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1342Date
    Effective date(s) 07/01/202305/17/2023
    Pub. Ch. 41505/17/2023
    Signed by Governor.05/11/2023
    Transmitted to Governor for his action.05/05/2023
    Signed by Senate Speaker05/03/2023
    Signed by H. Speaker05/02/2023
    Enrolled; ready for sig. of H. Speaker.05/01/2023
    Conference Committee report adopted, Ayes 23, Nays 404/21/2023
    Conf. comm. report adopted, Ayes 67, Nays 23 PNV 004/21/2023
    H. Placed on Message Calendar for 4/21/202304/20/2023
    Conference Committee appointed: Johnson, Yarbro, Stevens, Walley, Rose04/19/2023
    Conf. comm. appointed: Vaughan, Vital, Todd, Shaw04/19/2023
    H. refused to recede from am. no. SA1 and SA2 HB134204/19/2023
    H. Placed on Message Calendar for 4/19/202304/18/2023
    Senate refused to recede from amendments #1 and #2.04/13/2023
    Placed on Senate Message Calendar for 4/13/202304/12/2023
    H. nonconcurred in S. am. no. SA1 and SA2 HB134204/10/2023
    H. Placed on Message Calendar04/06/2023
    Passed Senate as amended, Ayes 27, Nays 504/03/2023
    Senate adopted Amendment (Amendment 2 - SA0395)04/03/2023
    Senate adopted Amendment (Amendment 1 - SA0283)04/03/2023
    Senate substituted House Bill for companion Senate Bill.04/03/2023
    Received from House, Passed on First Consideration03/20/2023
    Engrossed; ready for transmission to Sen.03/16/2023
    Passed H., as am., Ayes 68, Nays 22, PNV 003/16/2023
    Sponsor(s) Added.03/16/2023
    H. adopted am. (Amendment 1 - HA0087)03/16/2023
    Sponsor(s) Added.03/09/2023
    H. Placed on Regular Calendar for 3/16/202303/09/2023
    Placed on cal. Calendar & Rules Committee for 3/9/202303/08/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee03/07/2023
    Placed on cal. Commerce Committee for 3/7/202303/01/2023
    Action def. in Commerce Committee to 3/7/202302/28/2023
    Placed on cal. Commerce Committee for 2/28/202302/22/2023
    Rec for pass if am by s/c ref. to Commerce Committee02/21/2023
    Sponsor(s) Added.02/21/2023
    Placed on s/c cal Business & Utilities Subcommittee for 2/21/202302/15/2023
    Assigned to s/c Business & Utilities Subcommittee02/15/2023
    Ref. to Commerce Committee02/15/2023
    P2C, caption bill, held on desk - pending amdt.02/02/2023
    Intro., P1C.02/01/2023
    Filed for introduction01/31/2023
    Actions For SB0650Date
    Comp. became Pub. Ch. 41505/17/2023
    Sponsor(s) Added.04/03/2023
    Companion House Bill substituted04/03/2023
    Placed on Senate Regular Calendar for 4/3/202303/31/2023
    Senate Reset on calendar for 4/3/202303/30/2023
    Placed on Senate Regular Calendar for 3/30/202303/28/2023
    Placed on Senate Regular Calendar for 3/27/202303/24/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 003/21/2023
    Placed on Senate Commerce and Labor Committee calendar for 3/21/202303/20/2023
    Action deferred in Senate Commerce and Labor Committee to 3/21/202303/20/2023
    Placed on Senate Commerce and Labor Committee calendar for 3/20/202303/14/2023
    Action deferred in Senate Commerce and Labor Committee to 3/21/202303/14/2023
    Placed on Senate Commerce and Labor Committee calendar for 3/14/202303/07/2023
    Reset on Final calendar of Senate Commerce and Labor Committee02/28/2023
    Placed on Senate Commerce and Labor Committee calendar for 2/28/202302/21/2023
    Passed on Second Consideration, refer to Senate Commerce and Labor Committee02/02/2023
    Introduced, Passed on First Consideration01/30/2023
    Filed for introduction01/26/2023
  • AmendmentsFiscal Memos
    HA0087Amendment 1-0 to HB1342Fiscal Memo for HA0087 (4769)  
    AmendmentsFiscal Memos
    SA0283Amendment 1-1 to SB0650Fiscal Memo for SA0283 (6280)  Fiscal Memo for SA0283 (6280)  
    SA0395Amendment 2- to SB0650Fiscal Memo for SA0395 (7089)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1342

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    ON MARCH 16, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1342, AS AMENDED.

    AMENDMENT #1 rewrites this bill to enact the "Employee Free Choice and Privacy Act," which places certain restrictions on employers seeking to receive economic development incentives as described below.

    PROHIBITED CONDUCT

    In order for an employer to be eligible for an economic development incentive, this amendment prohibits the employer from doing the following:

    (1) Granting recognition rights for employees solely and exclusively on the basis of signed union authorization cards if the selection of a bargaining representative may instead be conducted through a secret ballot election conducted by the national labor relations board;

    (2) Voluntarily disclosing an employee’s personal contact information to a labor organization, or third party acting on behalf of a labor organization, without the employee's prior written consent, unless otherwise required by state or federal law; or

    (3) Requiring a subcontractor performing work for, or providing services to, the employer to engage in activities prohibited in (1) or (2).

    This amendment provides that the prohibitions in (1)-(3) above apply to any work or service for the employer on the project for which the economic development incentive is provided. This amendment defines "economic development incentive" as a FastTrack jobs training grant and economic development grant or a capital grant for economic development purposes provided to an employer to attract or retain the employer's physical presence in this state.

    REMEDIES

    This amendment authorizes a person or entity to report, based on a reasonable belief, a suspected violation of the prohibitions to the department of labor and workforce development. Upon receiving a report, the department must investigate whether a violation has occurred. If upon conclusion of the investigation, the department finds that an employer has violated one of the prohibitions, then the department must provide written notice to the department of economic and community development.

    Upon notice from the department of labor and workforce development of a violation, the department of economic and community development must deliver written notice to the employer informing the employer of the results of the investigation and to the office of the attorney general to initiate proceedings to recover any funds.

    SEPARATE AGREEMENTS

    This amendment adds to present law, in relation to the execution of a separate agreement when a grant or loan contract reserves right of recovery if the person or entity fails to fulfill commitments, that the department of economic and community development, prior to contracting to award an economic development incentive, must execute a separate agreement with the recipient of the incentive that reserves the right of the department to recover the amount of money, grants, or other incentives disbursed by the department, if the recipient benefiting from such money, grants, funds, or other incentives fails to comply with (1)-(3) above.

    APPLICABILITY

    This bill applies to contracts executed, renewed, or otherwise modified on or after the effective date of this bill.

    ON APRIL 3, 2023, THE SENATE SUBSTITUTED HOUSE BILL 1342 FOR SENATE BILL 650, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 1342, AS AMENDED.

    AMENDMENT #1 incorporates the provisions of House Amendment #1 with the following changes and additions:

    (1) Removes the short title;

    (2) Defines, "contracts" to include agreements between and employer and the state and agreements between an employer and a labor organization;

    (3) Transfers responsibility for investigating suspected violations from the department of labor and workforce development to the department of economic and community development. The full text of this amendment specifies the process by which the department will make determinations concerning suspected violations;

    (4) Provides that the provisions of this bill concerning recognition without an election (when applicable) are prospective and specifies four exceptions; and

    (5) Adds that separate agreements (described in the Summary for House Amendment #1) must have a term of not less than 10 years.

    AMENDMENT #2 requires that separate agreements (described in the Summary for House Amendment #1) must have a term of not less than:

    (1) The term the department would require for such an agreement executed pursuant to present law concerning capital grant contracts for an economic development incentive of less than $50,000,000; or

    (2) Ten years, for an economic development incentive of $50,000,000 or more.

    ON APRIL 10, 2023, THE HOUSE NONCONCURRED IN SENATE AMENDMENTS # 1 AND 2.

    ON APRIL 13, 2023, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF AMENDMENTS #1 AND #2.

    ON APRIL 19, 2023, THE HOUSE REFUSED TO RECEDE IN ITS NONCONCURRENCE AND APPOINTED A CONFERENCE COMMITTEE.

    ON APRIL 21, 2023, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

    ON APRIL 21, 2023, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.

  • FiscalNote for HB1342/SB0650 filed under SB0650
  • House Floor and Committee Votes

    HB1342 by Sexton - FLOOR VOTE: MESSAGE CALENDAR MOTION TO ADOPT CONFERENCE COMMITTEE REPORT 4/21/2023
    Passed
              Ayes...............................................67
              Noes...............................................23

              Representatives voting aye were: Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Garrett, Gillespie, Grills, Hale, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Raper, Reedy, Richey, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Todd, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 67.
              Representatives voting no were: Beck, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Ragan, Shaw, Thompson, Towns -- 23.

    HB1342 by Sexton - FLOOR VOTE: MESSAGE CALENDAR PREVIOUS QUESTION MOTION TO ADOPT CONFERENCE COMMITTEE REPORT 4/21/2023
    Passed
              Ayes...............................................67
              Noes...............................................23

              Representatives voting aye were: Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Garrett, Gillespie, Grills, Hale, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Todd, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 67.
              Representatives voting no were: Beck, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hawk, Hemmer, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns -- 23.

    HB1342 by Sexton - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/16/2023
    Passed
              Ayes...............................................68
              Noes...............................................22

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Fritts, Gant, Garrett, Grills, Hawk, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 68.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Shaw, Thompson, Towns -- 22.

    HB1342 by Sexton - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/16/2023
    Passed
              Ayes...............................................69
              Noes...............................................22

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Fritts, Gant, Garrett, Grills, Hale, Hawk, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 69.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Shaw, Thompson, Towns -- 22.

              HB1342 by Sexton - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 3/16/2023 3/9/2023
              Voice Vote - Ayes Prevail

              HB1342 by Sexton - HOUSE COMMERCE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 3/7/2023
              Voice Vote - Ayes Prevail Rep(s). Camper, Clemmons, Freeman, Hardaway, Thompson, Towns requested to be recorded as voting No

              HB1342 by Sexton - HOUSE BUSINESS AND UTILITIES SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Commerce Committee 2/21/2023
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Thompson requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1342

    HB1342 by Sexton - FLOOR VOTE: Motion to Adopt Conference Committee Report 4/21/2023
    Passed
              Ayes...............................................23
              Noes................................................4

              Senators voting aye were: Bailey, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Swann, Taylor, Walley, Yager, Mr. Speaker McNally -- 23.
              Senators voting no were: Akbari, Campbell, Lamar, Yarbro -- 4.

    HB1342 by Sexton - FLOOR VOTE: as Amended Third Consideration 4/3/2023
    Passed
              Ayes...............................................27
              Noes................................................5

              Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Campbell, Kyle, Lamar, Oliver, Yarbro -- 5.

    SB0650 by Johnson - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 0 3/21/2023
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Bailey, Johnson, Niceley, Reeves, Southerland, Swann, Watson, Yager -- 8.
              Senators voting no were: Akbari -- 1.