HB0105112th GA (Historical)Introduced

Amends TCA Title 5; Title 6; Title 7; Title 8, Chapter 50; Title 8, Chapter 8; Title 38, Chapter 8; Title 68, Chapter 140 and Title 68, Chapter 102.

Present law generally prohibits adverse employment action against a person currently under employment with a local government solely on the basis of non-residence in such local government. The following counties are exempt from such prohibition: Davidson; Hamilton; Knox; Moore; and Trousdale.<br /> <br /> This bill prohibits any county, metropolitan government, municipality, or other political subdivision of this state from having a residency requirement for paid, full-time law enforcement officers, firefighters, and emergency medical personnel other than the chief or head of the department ("first responders") as a condition of employment. This bill specifies that it does not affect a local government’s policy regarding the use of a vehicle while not on duty.<br /> <br /> ON MARCH 4, 2021, THE SENATE ADOPTED AMENDMENTS #1 AND 2, AND PASSED SENATE BILL 29, AS AMENDED.<br /> <br /> AMENDMENT #1 replaces this bill's prohibition against local governments establishing residency requirements for first responders with a prohibition against local governments dismissing, disciplining, fining, or penalizing a first responder employed by a local government, or denying employment to a person applying to be a first responder, based on where the first responder or applicant resides.<br /> <br /> This amendment modifies this bill's definition of "first responders" to include dispatchers of law enforcement, fire, and emergency medical service departments and exclude department chiefs and heads.<br /> <br /> This amendment adds that this bill will not affect a local agencies' policies that require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.<br /> <br /> AMENDMENT #2 adds to this bill's preamble and exempts Hamilton County from the prohibition against imposing residency requirements on first responders employed by local government entities.<br /> <br /> ON FEBRUARY 24, 2022, THE HOUSE SUBSTITUTED SENATE BILL 29 FOR HOUSE BILL 105, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 29, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to prohibit Memphis from having a residency requirement for first responders as a condition of employment. This amendment defines "first responder" as a paid, full-time law enforcement officer, firefighter, or emergency medical personnel other than the chief or head of the department. This amendment specifies that it does not affect a local government's policy regarding the use of a vehicle while not on duty.<br /> <br /> ON MARCH 7, 2022, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #1.<br /> <br /> ON MARCH 14, 2022, THE HOUSE LIFTED THE TABLING MOTION, RECONSIDERED ITS ACTION IN ADOPTING AMENDMENT #1, WITHDREW AMENDMENT #1, AND RE-PASSED SENATE BILL 29.<br />

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Overview

Present law generally prohibits adverse employment action against a person currently under employment with a local government solely on the basis of non-residence in such local government. The following counties are exempt from such prohibition: Davidson; Hamilton; Knox; Moore; and Trousdale.<br /> <br /> This bill prohibits any county, metropolitan government, municipality, or other political subdivision of this state from having a residency requirement for paid, full-time law enforcement officers, firefighters, and emergency medical personnel other than the chief or head of the department ("first responders") as a condition of employment. This bill specifies that it does not affect a local government’s policy regarding the use of a vehicle while not on duty.<br /> <br /> ON MARCH 4, 2021, THE SENATE ADOPTED AMENDMENTS #1 AND 2, AND PASSED SENATE BILL 29, AS AMENDED.<br /> <br /> AMENDMENT #1 replaces this bill's prohibition against local governments establishing residency requirements for first responders with a prohibition against local governments dismissing, disciplining, fining, or penalizing a first responder employed by a local government, or denying employment to a person applying to be a first responder, based on where the first responder or applicant resides.<br /> <br /> This amendment modifies this bill's definition of "first responders" to include dispatchers of law enforcement, fire, and emergency medical service departments and exclude department chiefs and heads.<br /> <br /> This amendment adds that this bill will not affect a local agencies' policies that require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.<br /> <br /> AMENDMENT #2 adds to this bill's preamble and exempts Hamilton County from the prohibition against imposing residency requirements on first responders employed by local government entities.<br /> <br /> ON FEBRUARY 24, 2022, THE HOUSE SUBSTITUTED SENATE BILL 29 FOR HOUSE BILL 105, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 29, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to prohibit Memphis from having a residency requirement for first responders as a condition of employment. This amendment defines "first responder" as a paid, full-time law enforcement officer, firefighter, or emergency medical personnel other than the chief or head of the department. This amendment specifies that it does not affect a local government's policy regarding the use of a vehicle while not on duty.<br /> <br /> ON MARCH 7, 2022, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #1.<br /> <br /> ON MARCH 14, 2022, THE HOUSE LIFTED THE TABLING MOTION, RECONSIDERED ITS ACTION IN ADOPTING AMENDMENT #1, WITHDREW AMENDMENT #1, AND RE-PASSED SENATE BILL 29.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 7, 2021

Subjects
288521203855

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HB0105: Amends TCA Title 5; Title 6; Title 7; Title 8, Chapter 50; Title 8, Chapter 8; Title 38, Chapter 8; Title 68, Chapter 140 and Title 68, Chapter 102. | LegisGo