business insider january 2016

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Business Insider WINTER 2016 In This Issue: -Legislature Returns for 2016 -Chamber Releases 2016 Agenda -Cornerstone Membership Benefit Update - TN Chamber Business Open: Golf Tournament -LIFT Report: Lightweighting-Related Job Demand -Public Affairs Conference/Boots ‘n Business Reception TENNESSEE CHAMBER OF COMMERCE & I NDUSTRY TENNESSEE CHAMBER OF COMMERCE & I NDUSTRY

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Page 1: Business Insider January 2016

Business InsiderWINTER 2016

In This Issue:-Legislature Returns for 2016

-Chamber Releases 2016 Agenda

-Cornerstone Membership Benefit Update

- TN Chamber Business Open: Golf Tournament

-LIFT Report: Lightweighting-Related Job Demand

-Public Affairs Conference/Boots ‘n Business Reception

TENNESSEE CHAMBER OF COMMERCE & INDUSTRYTENNESSEE CHAMBER OF COMMERCE & INDUSTRY

Page 2: Business Insider January 2016
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IN THIS ISSUEPage 5 2015 Legislative Survey - Results

Page 6 2016 TN Chamber Agenda

Page 8 Environment and Energy Awards

TN Chamber Education & Workforce Project

Page 10 Tn Chamber Business Open Golf Tournament

Page 12 Business Tax

Page15 LIFT Report

Page17 Sustainability Spotlight

Page18 Boots ‘n Business

Page19 Cornerstone Investors

StaffCatherine Glover – President

Bradley Jackson – VP of Government Relations & Community Affairs

Rosie Dykes – VP of Administration

Suzie Lusk – Associate VP of Event Management

Amy Martin – Associate VP of Environment & Energy

Berton Pinkham – Membership Director

Shannon Tate - Account Administrator

Carolyn Davis – Special Events Assistant

LaDonna Copeland - Executive Assistant to the President

Susan Ubico – Front Office Assistant

For Advertising, please contactCarolyn [email protected] by the Tennessee Chamber of Commerce & Industry414 Union Street, Suite 107Nashville, TN 37219The Business Insider is traditionally published three times a year.Please visit www.tnchamber.org for archived issues.

On the CoverOn December 7th, 2015 the Tennessee Chamber hosted our annual Boots n’ Business

legislative reception and Public Affairs Legislative conference. Held at the Bridge

Building in downtown Nashville, the event is an annual gathering of business leaders

and elected officials meeting to prepare for the upcoming legislative session and for

valuable networking.

2016 Board of DirectorsExecutive CommitteeGreg Martz, Chemours, Chairman of the Board Miles Burdine, Kingsport Chamber of Commerce, Chair of Education & Workforce Development Committee Larry Combs, Brown-Forman/Jack Daniel Supply Chain,Incoming Chair Eva Lynne Disbro, McKee Foods Corporation,Chair of Human Resources Committee James Fenton, Gallatin Economic Development Agency, TEDC Representative Catherine Glover, Tennessee Chamber of Commerce & Industry, President Carl Hartley, Baker, Donelson, Bearman, Caldwell, Chair of Taxation Committee David Locke, BlueCross BlueShield of Tennessee, At Large Member Kelly McCreight, Hamilton-Ryker Company, Secretary-Treasurer Chris Moore, Alcoa, Inc., Chair of Environment & Energy Committee Kyle Spurgeon, Jackson Chamber of Commerce, TCCE Representative Michael Stagg, Waller, General Counsel Clay Thompson, Caterpillar, Inc. Past Chair Dennis Wagner, AT&T, Chair of Public Affairs Committee Rebecca White, LyondellBasell Industries, Chair of Manufacturing Excellence Council

Board MembersEast RegionValoria Armstrong, Tennessee American Water Company Diana Bullock, Electric Power Board of Chattanooga Jerry Caldwell, Bristol Motor Speedway Keith Carver, University of Tennessee Robert Gagliano, BASF Corporation Charley Poe, Eastman Roger Smith, Domtar Paper Company, LLC Russ Watkins, Partners

Middle RegionJeff Bates, TA Staffing Tracy Brown, US Bank Stacey Cothran, Waste Management Allyson Park, Mars, Incorporated Rhedona Rose, Tennessee Farm Bureau Federation Jim Schmitz, Regions Bank James Spradley, Standard Candy Company, Inc. Gary Williamson, Bridgestone Americas, Inc.

West RegionGene Baker, Smith & Nephew Jason Bates, Toyota Motor Manufacturing Bryan Everette, TBDN TN Company J. Lee Fry, Dixie GunWillie Gregory, Nike, Inc.Rachel McConnell, Kellogg CompanyJim Mulroy, Jackson Lewis PCA.J. Sain, FedExRick Schreiber, BDO

At Large Eddie Davidson, Piedmont Natural Gas Company Beth Fortune, Vanderbilt University Jeff Hollett, John Deere Power Products Teresa Lewis, Embraer Aircraft Maintenance Services Andrea Lindsley, dvl/seigenthaler Bill Penny, Burr & Forman LLP Denise Rice, Cormetech Max Shilstone, Clean Line Energy Partners LLC

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Catherine GloverGreg Martz

Chairman’s Corner A Message from the President

With my first column as Chairman of the Board of Directors for the Tennessee Chamber of Commerce & Industry (TCCI), I would like to take this opportunity to say how honored I am to be able to serve in this role. I would like to thank Clay Thompson and Mike Robbins, who have set high standards as past Chairs, and I will do my best to continue this level of excellence.

It has been a chaotic summer for me. Back on July 1st the DuPont Company spun off its chemicals businesses and formed The Chemours Company. So after 27 years with DuPont, I am now part of Chemours and we are embarking on a journey to be the best chemicals company in the world. I have a real passion for the Chamber and the work that we do, and despite having plenty on my plate from the spin off, there was no question about taking on the role of Chair.

I hope that I bring a valued perspective to the Chair role in that my entire career has been in Manufacturing. TCCI’s industrial division is also the Tennessee Manufacturers Association (TMA), and I am going to work with Catherine and her team to strengthen that side of the organization. I have a passion for education and workforce development, areas that have had a lot of attention in TN for the past few years with a tremendous amount of progress being made to close the skills gap. I am a proud TN Promise mentor and Chair of our Humphreys County tnAchieves Advisory Council, and I strongly encourage everyone reading this to consider becoming a

As we officially begin the New Year and the new legislative session, this my first column of 2016 will focus on the quantitative return on investment member businesses of the Tennessee Chamber of Commerce & Industry have/will realize as a result of our advocacy, grassroots coalition building, policy research, and through the fine art of influence.

Due directly to our efforts during the 2015 legislative session, and attributed greatly to our issue-expert committees and engaged statewide trade collaboratives, overall the state chamber has saved businesses in the state close to $52 Million! We gather these figures citing reputable sources that include official fiscal notes produced by the Legislative Fiscal Review staff and tax information drawn mostly from the Senate and House Finance Ways & Means Committee.

As introduced by Governor Haslam, The Revenue Modernization ACT would have cost business over $45 million in additional recurring taxes. Changes to this bill pushed by the Tennessee Chamber lowered the overall impact to $8 million. These changes included reducing business sales taxes in the bill and also changing Tennessee’s Excise tax apportionment factor, benefitting a number of Tennessee businesses. The legislature’s fiscal review notes that these provisions pushed by the Chamber saves business over

$37 Million…annually!

Workers Compensation has always been an issue that employers have relied upon the Chamber to take the lead on. The 2013 reforms initiated by the Chamber are already showing savings for many employers. Loss Cost filings from the National Council on Insurance (NCCI) notes decreases:

35% ... Combined Decreases including Chamber supported

reforms between 2004 and 2013

The estimated amount saved by business annually by expanding tax sales and exemption for existing

mentor sometime in the future. There is nothing more fulfilling than working with students who would otherwise not have had the chance to pursue a post-secondary education and see their dreams come true. Combining TN Promise with TN ReConnect, WGU, LEAP and other efforts, Governor Haslam’s administration has done a masterful job of laying the building blocks to make post-secondary education a reality for every Tennessean and a model for the entire United States. The state chamber will continue to be strong supporters.

We are in the throes of what I am sure will be another jam-packed legislative session with the Chamber’s government affairs team gearing up to make the Chamber and our priorities visible and relevant at the State Capitol. State F&E tax collections have exceeded expectations, and one of the big issues will likely be what to do with the surplus collections. The Chamber will be actively engaged in this discussion with TN business’ best interest in mind. Education standards and workforce readiness will also be a lively topic again this year and the Chamber’s position of the need to maintain strong standards and relevant workforce curriculum will not change. In addition to these important issues, the Chamber team will also be working on a variety of other policy issues to ensure Tennessee’s business climate is protected for economic growth. Please continue to follow the status of all issues in the Legislature through our weekly Capitol Update newsletter and other Chamber communications.

Once again, I am honored to be in the role of Chair and I will do my best to lead the Board into 2016 and beyond. I would like to say a special “Thank You” to all of you who volunteer your time as a board member, committee member, and investor in the TN Chamber of Commerce & Industry. Without you we could not do what we do or have the influence that we do. Please do not hesitate to offer suggestions on how the Chamber can improve, and we will continue to support your business interests along with the overall economy of this great state of Tennessee.

industry to include machinery used for research and development is estimated to save business over

$4.6+ Million

…and there’s much more! That said, this work and the

subsequent outcomes of all business’ wins and losses are generally in the hands of Tennessee’s elected body. To encourage elected officials and candidates who support a strong business climate, the state chamber has in place a dynamic Political Action Committee (Tennessee Association of Business PAC) that is designed to support and influence quantitative wins for business, supporting legislators that understand the needs of business.

Although the chamber doesn’t endorse candidates, this political action committee provides the Chamber the ability to contribute to candidates who understand the importance of a healthy economic climate.

I welcome a time to meet with your company to further discuss the chamber’s efforts, our PAC, and issues/opportunities that lie ahead for Tennessee business and industry.

*The TN Chamber PAC contributes only to candidates running for state and local offices. Contributions of all sizes are welcome and can come from corporate or individual donations.

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TENNESSEE CHAMBER MEMBERS RESPOND TO 2015 LEGISLATIVE SURVEYS: RESULTS SHOW CLEAR PRIORITIES

Each year, the Tennessee Chamber conducts three surveys to gauge our membership’s interest and to help shape our legislative agenda. To prepare for the upcoming 2016 legislative session, we compiled the results of this year’s surveys (a total of 17 questions) covering the areas of education and work-force, the economy and taxes, and business regulations in Tennessee. Below you’ll find a summary of each survey and the main takeaways.

EDUCATION & WORKFORCE

The Chamber’s first survey focused on Tennessee’s current workforce and education issues. What we found is that respondents believe job candidates are lacking necessary soft employability and academic skills which may or may not be a direct result of the state of education here in Tennessee. Our survey found that one path to correcting this issue is implementing or ex-tending current workforce programs at the K-12 and post-secondary levels to better prepare students. Example programs are internships, dual enrollment classes and clear career pathways for students. It’s important to note that over the past few years, many workforce development programs have emerged in Tennessee. Respondents believe strongly that programs, such as LEAP, the Tennessee Promise, and Governor Hallam’s Drive to 55 are ultimately bene-ficial to employers’ needs.

Supporting the results from our previous survey employers believe that the lack of a skilled workforce is the #1 threat to business growth in Ten-nessee, followed closely by federal regulations. Another issue important for employers is K-12 testing and assessments. We surveyed our members on the current trend of parents opting out of required yearly assessment tests. We found that respondents want to “stay the course” and believe students should be required to test across the board to measure achievement and maintain accountability.

ECONOMY, TAXES & BUSINESS

The Chamber’s second survey covered Tennessee’s overall economy, tax climate and legislative makeup. We also found that respondents mostly be-lieve that Tennessee’s economy is moving in the right direction and that state business taxes are fair. This finding correlates with the high marks given to Tennessee’s elected leaders for the job they are doing to promote business growth, resulting in economic job growth.

Tennessee is currently seeing a substantial tax revenue surplus, mostly from F&E collections. Respondents of our survey believe the benefits from the collection should be used in education, healthcare, etc. We also surveyed our members on the state of our roads and infrastructure. State leaders have noted that decreased federal and state funding has prevented necessary main-tenance. We found that a majority of respondents support fuel tax increases with input from local businesses and attention to their specific needs.

BUSINESS REGULATIONS

The Chamber’s final survey covered regulations and the areas of healthcare and state programs. We found that in the environment and energy arena, policy changes through litigation and state regulations are primary concern for employers. Another major concern is healthcare costs; around half of re-spondents support a state-run healthcare expansion program similar to Insure TN utilizing federal dollars, with strong financial accountability measures.

Tennessee’s unemployment compensation program has gone through many changes over the years. Our survey found a majority of respondents approve of the TN current UI system.. Employers responded similarly to Tennessee’s occupational safety and health program (TOSHA).

Business leaders indicate that local regulations are not a burden, indicat-ing that federal/ state regulations have larger negative impacts on business. Respondents are generally satisfied with Tennessee’s legal climate but support streamlining the system. The Chamber worked in the legislature to enact com-prehensive workers’ compensation reform in 2013. Respondents are generally favorable about the reform and neutral to making changes at this time.

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The Tennessee Chamber of Commerce & Industry is proud to present our annual Legislative and Policy agenda. Serving the interests of small, medium and large businesses across the state, the Tennessee State Chamber also serves as the Tennessee Manufacturers Association. We boast a vast and representative statewide network of local chamber and member companies in legislative districts all across our great state. We are dedicated to promoting policies that reduce employer costs, provide economic opportunities for all Tennesseans, and make Tennessee the best state in the nation in which to do business.

Our 2016 agenda is developed with input from the Chamber Board of Directors, business leaders across our state, and input from local chambers, our grassroots partners. Throughout our legislative agenda, the Tennessee Chamber’s core principles of free enterprise and removing obstacles that impede job creation and slow economic growth are reiterated. Our members provided input on policy and legislative strategy through workgroup conference calls and surveys on taxes, human resources, health care, legal reform, education & workforce development, and environmental and energy policy issues. Throughout our process business leaders from across the state have shared their

Education and Workforce Labor, Education, Alignment Program (LEAP) funding – Business responses to chamber surveys identify workforce concerns as a major impediment to existing and future economic growth. The Chamber supports enhanced funding for the LEAP program and believes local workforce programs are one of the most effective tools for improving Tennessee’s workforce. For Tennessee employers, the LEAP program is showing results from a number of local workforce partnerships that include local chambers, economic development agencies and higher education institutions working to align the local workforce needs of employers.

Tennessee Ready Standards – Chamber members note strong support for uniform education assessment efforts aligned with curriculum and ensured accountability in our schools. This is especially crucial to ensure Tennessee students are prepared for both post-secondary education and the workforce.

Business Taxes and the Economy Reform Tennessee’s Franchise & Excise tax estimated payment system – Fluctuations in business tax

collections over the last several years point to the need for improving the method by which Tennessee Businesses estimate and pay F&E taxes. In

with as Tennessee is one of the only southeastern states that does not allow annualized estimated payment system for F&E taxes. This volatility

The Chamber is supporting legislation to remedy this situation.

Revenue Accountability Program (RAP) – The

expanded RAP program enacted in 2015. Chamber research shows few other states have gone as far as Tennessee in approving this type of expanded reporting requirement and collection programs. We will work

Business Tax collections - Legislative efforts to defeat anti-business legislation and enact pro-business legislation is paying off. Recent Franchise & Excise (F&E) collection growth is mostly attributed to economic growth fueled by business. The Chamber encourages the legislature to utilize these overcollections in ways that will ensure future business growth. The Chamber recognizes a number of options that include business tax reductions, reducing government regulation, investing in our rainy day fund and targeted investment in programs that correlate to business growth which will result in continued growth in the business sector.

Single Sales Factor Apportionment- As many other states adjust their tax structure to encourage growth in their respective state, Tennessee must remain competitive. Other states have enacted single sales factor apportionment for determining the counterpart to F&E tax liability. This change encourages a strong and stable tax structure within which existing and relocating companies may thrive. The Chamber supports the single sale factor formula for manufacturing and headquartered companies in Tennessee.

Transportation and Infrastructure – Survey responses show clear business support to improve our road and infrastructure system. To ensure conservative business principles, the Chamber believes that any funding increase must come with accountability measures that include local business input into road projects, Tennessee remaining a pay as you go state, no toll roads, and equitable treatment of all transportation companies paying fuel taxes.

Business Regulation / Legal Tort and Medical Malpractice- Following our support and grassroots engagement to enact tort reform in 2012, the Chamber is aligned with other groups in supporting efforts to ensure courts do not deem that caps approved by the legislature are ruled unconstitutional.

2016 Tennessee Chamber Agenda

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Asbestos Fund parity – The Chamber is supportive of legislation that will ensure employer asbestos funds established to compensate workers for injuries are not abused and used for their intended purposes.

Workers’ Compensation improvements – The Chamber is supporting legislation that will make a number of important adjustments to Tennessee’s workers’ compensation laws and ensure that Tennessee’s Drug Free Workplace act is more easily used by Tennessee employers to reduce the abuse of alcohol and drugs at the workplace.

Small Business Protection from Litigation – The Chamber and other business groups will be advocating for legislation that will protect employers with eight or less employees from frivolous lawsuits involving Tennessee’s whistleblower employment statute.

State legislation addressing local for hire proposals – Tennessee business expects consistent application of employment regulations that include wage and hiring practices. The Chamber will support legislation establishing that all hiring related directives should be approved through state legislation rather than a patchwork of local ordinances.

Unmanned Aircraft use over business- The

power generating infrastructure, chemical and petroleum manufacturing and storage facilities. The Chamber wants to ensure businesses are protected from acts that can pose a safety and privacy risk.

Environment and Energy – The Chamber has been

compliance cost for all business. We applaud the work of the legislature

engaging with both TDEC and the legislature.

Seed labeling- The Tennessee Chamber supports legislation to ensure uniform standards for seeds sold in Tennessee are established and enforced by the Tennessee Department of Agriculture.

Broadband – The Chamber recognizes that availability to quality broadband is needed for Tennessee’s overall economic growth. We support market based incentives to achieve increased utilization and access to broadband across Tennessee.

(Above) Lawrence Brown, Executive Director, LIFT, pauses his attempt at the welding simulator to take a photo with robotics competitors.

The Tennessee Chamber of Commerce & Industry was proud to partner with SM&E, Nashville Chapter 43 for National Manufacturing Day, October 2, 2015. Tennessee’s Annual Manufacturing Summit was held at the Adventure Science Center, in conjunc-tion with a VEX Robotics Competition and Welding Simulator Competition. Rated ‘E’ for everyone, the day’s event celebrated modern manufacturing and the impact to businesses and inspiration for the next generation of manufacturers.

(Above) Pictured L-R: Greg Martz, Chemours Company; Catherine Glover, Tennessee Chamber of Commerce & Industry; Former Maine Gov. John McKernan, Jr., U.S. Chamber Foundation

Celebrating Manufacturing & Education in Tennessee

(Above) Pictured L-R: Sean Redmond, U.S. Chamber of Commerce; Catherine Glover, Tennessee Chamber of Commerce & Industry; Greg Martz, Chemours Company; Pamela Gregory, U.S. Chamber of Commerce

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TENNESSEE CHAMBER & U.S. CHAMBER -

PARTNERS TO LEAD EXCITING EDUCATION & WORKFORCE PROJECT

The Tennessee Chamber of Commerce & Industry is excited to announce our partnership with the American Institutes for Research (AIR), Gal-lup Inc., and the U.S. Chamber of Commerce Foundation on a year-long project aimed at bridging the information gap between higher education institutions, employers and students: The Transforming Higher Education: Achieving Better Return on Investment and Employee Engagement project. The Chamber will serve as the state lead on the project leveraging AIR’s expertise as a national leader in the development of web-based applications that let students and families better understand returns to their education spending, the Foundation’s deep connection to the employer community across the country, and Gallup’s ground-breaking work on employee engagement.

At the core of the project are new, state-specific web applications—called Career-Focused College Planners—that allow students to learn more about programs of study in their state that provide preparation for growing middle-class wage jobs. This includes information on how long stu-dents can expect a program will take to complete, how many graduates find employment after finishing the program, and their average wages after leaving school. Students will also be provided never-before-available insight into the working life of local professionals in their field of interest.

Tennessee students have more choices than ever to pursue higher education, the surest way of getting the knowledge and skills they need to find a job and earn middle-class wages. But they also face more complex choices. Which academic program is right for me? How much will it really cost? And how can I be sure that I’ll maximize return—both in dollars and cents and quality of life—on my higher education investment? Over the next year, the partnering organizations will be working with business, community, and education leaders to launch the next generation of tools like EduTrendsTN (www.edutrends.tn), which already helps thousands of Tennesseans make smarter choices about postsecondary education each year. The Tennessee Chamber and U.S. Chamber will be reaching out to local chambers on our engagement efforts. We look forward to sharing our progress and the final product in late 2016.

Tennessee Chamber of Commerce & Industry Recognizes Ten Outstanding Companies at the 33rd Annual Environment & Energy Awards

The Tennessee Chamber of Commerce & Industry hosted its 33 d annual Environment & Energy Awards Dinner on October 14 at the Montgomery Bell State Park Conference Center. The event drew in 100 attendees including business and industry leaders from across the state as well as representatives from Tennessee Department of Environment and Conservation (TDEC) and Region IV of the Environmental Protec-tion Agency.

Along with Bob Martineau, Commissioner of TDEC, the Tennessee Chamber recognized nine companies for their environmental performance and outstanding energy management efforts. The awards were organized by category: Water Quality, Air Quality, Solid & Hazardous Waste Manage-ment, Environmental Excellence, and Energy Excellence. Rec s were chosen based on their efforts to go beyond compliance to implement sus-tainable environmental improvements including the capital investment dedicated to the improvement, reduction of consumption/releases of energy, water, fuel and/or emissions, degree of innovation, long-term environmental benefits and overall significance of the achievement.

“The Tennessee Chamber is honored to recognize these Tennessee businesses that have demonstrated outstanding achievement toward environmental protection and enhancement as well as proactive and innovative energy policies" said Amy G. Martin, Associate Vice President of Environment and Energy for the Tennessee Chamber of Commerce & Industry.

Award Winners:

Air Quality Award Gibson County Utility District in Trenton (under 250 employees)Marvin Windows and Doors of Tennessee in Ripley (over 250 employees)

Water Quality Award Tennessee American Water in Chattanooga (less than 250 employees)Y-12 National Security Complex in Oak Ridge (over 250 employees)

Solid & Hazardous Waste Management Award Eaton Corporation in Gainesboro (less than 250 employees)Y-12 National Security Complex in Oak Ridge (over 250 employees)

Comprehensive Energy Excellence AwardAmerican Snuff Company in Memphis (less than 250 employees)General Motors – Spring Hill Facility (more than 250 employees)

Comprehensive Environmental Excellence Award Waste Management, Inc. of TN in Franklin (under 250 employees)Unilever in Covington (more than 250 employees)

Business Insider | Winter 2016

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Tennessee’s strong pro-business environment didn’t happen over-night. Since 1912, companies and individuals who have investedin the Tennessee Chamer of Commerce have played an importantrole in shaping our state’s business-friendly environment. We at theChamber are proud of our track record and grateful for the strongsupport we receive from companies across our great state.

In recognition of the vital role all of our investors play in theChamber’s success, we are pleased to announce an updated MemberBenefits Structure for 2016. While our investment levels have not

changed, many Chamber member benefits have been enhanced andclarified. There are even some new benefits such as complimentarytickets to training classes and events.

Please take a moment to look through the new Chamber invest-ment levels and feel free to contact me to discuss ways we can helpyou maximize the benefit your company receives from being a mem-ber of the Tennessee Chamber of Commerce.

Berton Pinkham, Membership Director

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Standard Investor ($8/FTE + $500)

Equity Partner ($3,000+)

Foundation ($5,000+)

Keystone ($10,000+)

Capstone ($20,000+)

Chairmans Council ($50,000+)

Discounts with Chamber affiliate Companies (Aramark, WorkAmerica, FedEx, UPS, etc.) x x x x x xDiscounts on safety, regulatory, and other Chamber-sponsored training classes/events x x x x x xAccess to Chamber Government Affairs network in Nashville x x x x x xReceive weekly legislative reports during legislative sessions x x x x x xOpportunities to provide legislative feedback on behalf of your company/industry x x x x x xComplimentary copies of Business Insider publication x x x x x xEligibility to participate in Chamber policy councils x x x x x xTwo complimentary registrations to a Chamber TOSHA-related seminar x x x x xInvitation to Annual Board / Top investor reception x x x x xCompany name listed on Chamber website x x x x xSpecialized, individual access to lobbying team x x x xCompany name and web link on Chamber website, recognition in Chamber publications x x x xPreference on sponsorship and advertising opportunities x x x xCompany name, link and logo on Chamber website, recognition in Chamber publications x x xComplimentary booth at one Chamber training event x x xFirst right of refusal on most advertising and sponsorship opportunities x x xOne complimentary ticket to annual Chamber Golf Tournament x x xAnnual meeting with Chamber President and Senior Staff to discuss policy x xCompany name, link and logo on Chamber website, prominent recognition in publications x xRecognition, including signage with logo, at signature Chamber events x xOne additional complimentary ticket (total of two) to annual Chamber Golf Tournament x xWeekly Capitol Updates with Chamber President and senior staff during legislative session xPersonalized Day on the Hill with Chamber staff during legislative session xTwo additional complimentary tickets (total of four) to annual Chamber Golf Tournament xPrimary option to lead high-level Chamber initiatives x

Tennessee Chamber Cornerstone Membership Benefit Update: What It Means for You

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Championship Flight Winners (L-R): Bryan Farlow, Cody Huddleston, Ryan Allison, Russ Watkins

First Flight Winners (L-R): Daniel Webb, Reid Mitchell, Dan Parkinson, Adam Campbell

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By Carl Hartley and Bradley Jackson

Tax and related initiatives played a significant role in the outcome of the 2015 Legislative Session, and may once again be front and center in the 2016 Session. The purpose of this ar-ticle is to attempt at forecasting some, but certainly not all, potentially sig-nificant tax initiatives which could be deliberated during the 2016 Session.

A. Record Tax Collections Fore-casted for Fiscal 2016. Favorable State tax collections may certainly

influence the Legislature in a number of ways as various tax initiatives are deliberated during the 2016 Session. By way of background, reported state and local tax collections for the State’s fiscal year ending June 30, 2014 were approxi-mately $14.1 billion, well below the budgeted expectations for that fiscal year at least with respect to the State’s an-ticipated tax revenues. On the other hand, for the fiscal year ending June 30, 2015 the total collected revenues as reported by the Department exceeded $15.1 billion, which was characterized as being record collections by Commis-sioner Richard Roberts during the State’s December 1, 2015 budget hearings. Commissioner Roberts also stated during those budget hearings that the total tax collections expected for the fiscal year which ends June 30, 2016 are anticipated to be another record-setting amount.

On a comparative basis, Tennessee franchise and excise taxes have gyrated significantly over the last several years. For instance, and based on summaries published on the Department of Revenue’s website, total F&E collections reported by the Department for the fiscal year ending June 30, 2014 were down over $160 million from the previous fiscal year, while those business taxes for the fiscal year ending June 30, 2015 were higher by over $338 million in compar-ison to fiscal year ending June 30, 2014. State sales tax collections, a large component of which is borne by business, were higher by approximately $249 million in the fiscal year ending June 30, 2014 as compared to the prior fiscal year; and finished over $424 million higher for the year ending June 30, 2015 in comparison to the year ending June 30, 2014. Thus far during the fiscal year which will end June 30, 2016, franchise and excise tax collections are higher by over $158 million through December 2015 in comparison to the same months during the fiscal year ending June 30, 2015, and State sales tax collections are higher by over $268 million through December 2015 in comparison to the same period for the fiscal

year ending June 30, 2015.

Commissioner Larry Martin, Department of Finance and Adminis-tration, has stated from time to time that the recent better-than-ex-pected F&E collections may be attributable to one-time events. However, and assuming just for the moment that tax collections in the current fiscal year do not significantly reverse course, there is a reasonable expectation that Commissioner Roberts’ testimony during the December 1 budget deliberations are accurate -- that is, there will be a material increase in total tax collection for the year which will end June 30, 2016. Favorable State tax collections may certainly influence the Legislature in a number of ways as various tax initiatives are deliberated during the 2016 Session.

B. Potential Tax Deliberations in 2016. Among the many tax topics that could be deliberated during the 2016 Session are the following:

Sales/Use Taxes

Revenue Accountability Program (RAP) — The Department of Revenue last session was successful in advocating for legislation to expand the RAP program requiring wholesalers in a number of business areas to submit reports of sales to retailers. The De-partment extrapolates information from those reports in order to compute the amount of sales which a retailer should have made according to the Department based upon the purchases from those wholesalers, and then compares those computed sales to the ac-tual sales reported to the Department by the retailer. This RAP expansion has been questioned by the Tennessee business commu-nity as overly broad, reliant upon false assumptions and requiring burdensome paperwork compliance. Further, a number of business organizations including the Chamber are concerned about these extrapolation/computation comparison type audits. The repeal of the 2015 RAP expansion may be sought. The Department is con-tinuing to support the expanded RAP and will oppose efforts to roll back the expansion.

Remotely Accessed Software — Enacted during the 2015 Legisla-tive Session as part of the Revenue Modernization Act (“RMA”), this new tax measure is effective as of July 1, 2015 and allows the Department to assess the tax against a taxpayer in Tennessee access-ing out-of-state software in the possession of an out-of-state dealer (or in the possession of a third-party on behalf of such dealer) who provides the software. While there are a number of exemptions included within this initiative, the Chamber may be asking the Legislature in 2016 to consider narrowing the taxable circumstanc-es or broadening the exemptions, or both.

BUSINESS TAXES WILL AGAIN BE IMPORTNT 2016 ISSUE FOR TENNESSEE CHAMBER

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Business Insider | Winter 2016

Click-Through Nexus — Also part of the RMA, the Department as of July 1, 2015 now has the authority to presume that an out-of-state dealer has a representative, agent or solicitor operating in this State if the dealer enters into a contract with one or more persons in Tennessee under which that person for consideration refers po-tential customers to the dealer, and the dealer’s cumulative gross receipts from retail sales referred to the dealer by all of the Tennes-see residents with this type of agreement exceeds $10,000 during the preceding twelve months. Although this presumption may be rebutted by clear and convincing evidence that the person in Ten-nessee did not conduct activities substantially contributing to the dealer’s ability to establish and maintain a market in Tennessee, the Legislature may be asked in this upcoming Session to change the conditions under which the presumption can be used by the Department or to modify any of the other conditions required for the click-through nexus application.

R&D As Industrial Machinery — Another significant tax initiative supported by the Tennessee Chamber and enacted during the 2015 Session was an expansion of industry machine exemption effective July 1, 2015 to include machinery, apparatus and equipment, with all associated parts pertinences and accessories, and any necessary repair or taxable installation labor, that is necessary to and pri-marily for the purpose of research and development. The Depart-ment is currently proposing regulations including the conditions for applying the industrial machinery exemption to research and development. Questions that arise in this regulation making pro-cess involving this R&D sales tax exemption may not be resolvable without further legislation in the 2016 Session.

Franchise/Excise Taxes

Reforming F&E Estimated Payments — The Chamber in 2016 will be working to enact legislative changes to the current estimat-ed F&E payment method. Chamber members believe the current estimated payment requirements can be punitive to businesses, es-pecially those in a seasonal or otherwise dynamic economic mar-ketplace. The Chamber will be seeking to provide business more flexibility in estimating F&E tax liability which should help with compliance and reduce the chances for large fluctuations in collec-tions by the Department.

Market Sourcing for Services/Intangibles — As part of the above-referenced regulation making process, the Department has proposed over forty pages of regulations which address the new market-sourcing legislation enacted as part of the RMA. Several of these proposed regulations have drawn suggestions for changes from various organizations and associations. While this regulation making process is still ongoing, and while some of the suggested changes may ultimately be incorporated by the Department in its final version of the regulations to be promulgated, other suggested

changes from the Tennessee Chamber may not be accepted by the Department. As a result, legislation may be sought during the upcoming Session to fully address the concerns of such organiza-tions and associations in response to the wording of these proposed regulations.

Single Sales Factor — Several bills were introduced in the 2015 Session which would have transformed the current three factor apportionment formula (that is, property, payroll and sales with double-weighting of sales) to a single sales factor applicable for cer-tain or all taxpayers subject to the F&E taxes. During the closing days of the 2015 Session, and in recognition of the need to increase the weighting of sales in the three factor apportionment formula, the Chamber successfully pushed to amend the RMA so as to triple-weight the sales factor effective for tax years beginning on or after July 1, 2016. However, in view of recent competitive de-velopments around Tennessee with other states adopting the single sales factor formula, expect proponents in Tennessee to renew their request of the Legislature to enact a transition from the current three factor formula to the single sales factor even if that transition (patterned after statutes in some surrounding states) is implement-ed over several years.

Highway Gasoline and Diesel Fuel Taxes

Despite the growing need for highway and infrastructure improve-ment in Tennessee, most observers believe that a fuel tax increase will not materialize in 2016. A number of legislators have expressed concern or unwillingness to vote for a fuel tax increase even though various construction and other businesses have signaled their sup-port for a reasonable increase. Recently, Governor Haslam indicat-ed that he will not propose an increase for 2016. However, please stay tuned to this issue since the need for such improvements and the need for funding are not going away

C. Conclusion. Chamber and business engagement in the tax area is crucial. Only time will tell as to which tax initia-tives will be deliberated during the 2016 Session. However, and in considering any such initiatives, Tennessee must be constantly focused on the objective of maintaining a stable and competitive tax environment (i) within which existing businesses can prosper and expand, and (ii) to which new businesses wish to locate. Excess tax collections, a signif-icant portion of which have been paid by business, should be appropriately used to enhance such stability and compet-itiveness. The Tennessee Chamber of Commerce & Indus-try intends to continue its work during the next Session to further this State’s tax stability and competitiveness.

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Tennessee Chamber Member Exclusive Discounts & Preferred Pricing: ARAMARK The Tennessee Chamber of Commerce & Industry and ARAMARK Uniform Services have partnered to provide members with a hassle-free service along with the lowest uniform rental rates in the industry. ARAMARK has earned an exceptional reputation for taking care of its customers. Rent, lease or purchase ARAMARK’S full range of services and large variety of products at discount prices. Includes 20% Purchase and rental discounts. Call: 800-272-6275 (1 800-ARAMARK) or Visit: http://www.aramark-uniform.com/ap-tc.html **Reference National Account ID # 93085 and mention the Tennessee Chamber of Commerce & Industry

CRYSTAL CLEAN Heritage-Crystal Clean is a nationwide part cleaning, industrial waste disposal and used oil services company with 3 branches covering Tennessee. Chamber members enjoy significant savings on services including: Parts Cleaning Ser-vices (Solvent & Aqueous); Vacuum and Used Oil Truck Services; Drum Waste Management and MUCH more. Visit www.crystal-clean.com/association/association.asp to sign up.

CUSTOMIZED SHIPPING—FedEx Tennessee Chamber Members are eligible to receive exclusive discounts and preferred pricing with the leading transportation providers in the industry. The Chamber has partnered with FedEx, YRC (Yellow & Roadway), USF Companies & New Penn and UPS Supply Chain Solutions. To enroll in the TCCI Shipping Program, call 1-800-MEMBERS (636-2377) or visit www.1800Members.com/TCCI.

HUMAN RESOURCES LIBRARY Find quick labor law answers with our guides, written in plain English.

The and are two tools that can help your business by giving you access to quick, HR advice, in layman’s terms. With these HR compliance guides, you will save time, money and headaches when managing your workplace. Tennessee

Chamber members save 20% off any product on hrsimple.com. Place your order online or by calling (855) 477-4675 – be sure to use the member discount code: TNCweb16 to get your Chamber member price. Additional publications are also available. You can find out more about the packages available and extra benefits at hrsimple.com/TN.

OFFICE MAX Tennessee Chamber members enjoy substantial savings of 31% to 88% off the manufacturers’ list price on frequently purchased items, and get reduced pricing on more than 25,000 products and more than 5,000 environmentally preferable products, as well as savings on digital print services, furniture, technology and pa-per. Whether you order online or at an OfficeMax store, your exclusive member discounts apply. This member program offers: ex-clusive member pricing; Award-winning customer service; No-hassle returns; Free delivery on in-stock orders over $50. Call 1-800-636-2377 to request more information on setting up your account.

SHEAKLEY PAYROLL Sheakley has been assisting employers nationwide from small family owned businesses to large multi-state corpora-tions since 1963. Saving members time and money when it comes to processing your payroll, Sheakley PaySystems is equipped to render exemplary service coupled with state of the art technology to assist with payroll needs. Our partnership with Sheakley affords members to receive exclusive pricing (25% off regular pricing), a wide breadth of services and value added benefits.

**Call or email Donnie Sutton at (877) 877-8144 x 13173 or [email protected].

WORKAMERICA WorkAmerica is supported by the TN Colleges of Applied Technologies statewide to help employers find the right talent that meets your skilled trade hiring needs. With our Talent Pipeline Management services, we will be your direct resource to all 56 campuses across the state of Tennessee as well as nationwide with our extensive school network. Call or email Michael Colonnese at (202) 412-4940 or email, [email protected].

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LIFT Report: Lightweighting-Related Job Demand in 5-State Region Surges,Encourages Advanced Manufacturing Training and Education

Fifth consecutive period marking increased employer demand in Tennessee

Nashville, TN – Demand for lightweighting-related occupations reached new levels in July andAugust 2015 – levels representing an increase of more than 50 percent since year-end 2014. This, according to a new market report from LIFT (Lightweight Innovations for Tomorrow) and WIN (Workforce Intelligence Network) – the former a public-private partnership that is developing and deploying advanced lightweight materials, manufacturing technologies and training programs over a 5-state region – including Tennessee.

“The positive, upward trend of lightweighting-related job postings means we need to strengthen and accelerate our collaborative efforts to build a skilled workforce, ready to use new technologies, materials and processes” said Emily Stover DeRocco, education and workforce director of LIFT. (“Advanced knowledge and skills remain key for our region’s success as an innovation andmanufacturing hub.” ) According to the new July/August 2015 market report, online job ads for manufacturing jobs related to lightweighting in Tennessee grew by 25 percent, or 9,800 postings, from May/June 2015. July and August marked increased

ads in Tennessee, 31 percent of employers offered salaries of $50,000, and more than 43 percent required a bachelor’s degree or above. Laborers and freight, stock and material movers regained their spot as the most in-demand jobs in July/August 2015, outpacing maintenance and repair workers that previously led in May and June 2015.

“Since the end of 2014, Tennessee lightweighting job posting growth has increased by 162 percent,” Catherine Glover, President of the Tennessee Chamber of Commerce & Industry andTennessee Manufacturers Association shared. “As this dynamic trend continues, it is our goal tosustain and grow opportunities in in the state as we cultivate an engaged, ready-to-work advanced manufacturing talent pipeline.

LIFT, Workforce Intelligence Network. (2015). LIFT Report: Lightweighting-Related Job Demand in 5-State Region Surges, Encourages Advanced Manufacturing Training and Education (Press release).

Page 16: Business Insider January 2016

On December 18, at the Renaissance Hotel, Nashville, Cather-ine Glover, President of the Tennessee Chamber of Commerce & Industry served as moderator of a luncheon focusing on the im-portance of global development, diplomacy and defense. Hosted by the U.S. Global Leadership Coalition (USGLC), the luncheon was highlighted by a discussion with Ricardo Michel, Director of Center for Transformational Partnerships, USAID Global Devel-opment Lab.

The discussion provided insight regarding innovative ways to engage in public/private partnerships supporting global solutions.

The USGLC is a broad-based influential network of 400 busi-nesses and NGOs national security and foreign policy experts; and business, faith-based, academic and community leaders in all 50 states who support a smart power approach of elevating di-plomacy and development alongside defense in order to build a better, safer world.

In today’s interconnected world, America must use all of the instruments of national security and foreign policy at its disposal.

America’s smart power tools of diplomacy and development are underfunded and undermanned, which is why the USGLC sup-ports a strong and effective International Affairs Budget for:

• Protecting National Security by fighting terrorism, stabiliz-ing weak and fragile states, combating weapons proliferation and promoting global stability;

• Building Economic Prosperity by developing international markets, driving economic development, building micro-en-terprises and expanding exports.

GLOBAL DEVELOPMENT, DIPLOMACY & DEFENSE, BENEFITS TO TENNESSEE

Catherine Glover, Tennessee Chamber & Ricardo Michel, USAID

Business Insider | Winter 2016

TENNESSEE FACTS & FIGURES

Tennessee exports a huge range of goods and services from manufacturing to cotton, computers to its world-famous whiskey, and from aviation to automobiles. Tennessee’s transportation components and parts are used in vehicles around the world.

83 percent of Tennessee companies that export their products are small or medium sized businesses.

JOB CREATION

Trade supported nearly 830,000 jobs in Tennessee in 2013, or 22% of total jobs.1

23% of all manufacturing workers in Tennessee depended on exports for their jobs.2

In 2013, 125,700 people in Tennessee were employed

owned.3

EXPORTS AND GROWTH

Tennessee exported over $33 billion in goods and services to foreign markets in 2014. Tennessee’s largest market in 2013 was Canada ($9.1 billion) followed by

billion), and Belgium ($1.2 billion).4

enterprises with fewer than 500 employees.5

Agricultural exports are important to Tennessee’s economy, totaling more than $1.9 billionannually.6

over $1.3 billion in exports from 114 companies in 44 communities in Tennessee.

has invested over $116,550,000 in Tennessee companies for investment overseas.8

**Information cited from the USGLC website: http://www.usglc.org/

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BUSINESS LEADERS FOCUS ON ENGAGING CUBA

TN MANUFACTURING SUSTAINABILITY SPOTLIGHT:AMERICAN SNUFF COMPANYOn December 7, 2015, Tennessee Chamber president Catherine Glover partic-

ipated in a roundtable discussion with other business leaders to discuss the impor-tance of normalizing trade relations with Cuba.

Catherine Glover, president of the Tennessee Chamber of Com-merce and Industry and a member of the Tennessee State Council, said Monday that an end to the embar-go would be an opportunity for the state to grow customer base and market share.

She noted that every year, Tennessee typically exports $32.9 billion of merchan-dise and its export industry supports nearly 159,000 Tennessee jobs. (timesfree-press.com)

At the discussion, Glover emphasized the importance of normalizing trade relations benefiting Tennessee companies and the products and services they offer.

Panelists included David Plazas, opinion engagement editor, The Tennessean; Bill Lane, senior director, Global Government & Corporate Affairs, Caterpillar Inc.; Glen Bolger, project pollster, partner, Public Opinion Strategies (POS); and moderated by Peter Schechter, director, Adrienne Arsht Latin America Center, At-lantic Council. The Tennessee Chamber and our member companies are supportive of additional opportunities to sell goods and services to Cuba.

Industry throughout Tennessee continues to demonstrate their commitment to environmental protection and proactive energy management. One chamber member that fully embraces environ-mental and energy excellence in their operations is the American Snuff Company. We are proud to showcase American Snuff Com-pany in our inaugural Sustainability Spotlight.

Over the past 18 months, American Snuff Company has made significant energy efficiency invest-ments in their facil-ity to support their sustainability goals. They have reduced their electricity usage by 21% by investing over $2.1 million to replace a black mem-brane roof with a white, reflective roof on a 787,000 square foot building. They invested over $1.3 mil-lion to replace metal halide lights with LED’s including light zones and occupancy sensors and timers on all lights as well as a $420,000 investment to replace 20 inefficient dock doors, dock levelers, and damaged door shelters and seals.

American Snuff Company also has reduced their natural gas usage by 7.2% by lowering the set point on their natural gas boilers by 10 degrees.

Not only does American Snuff embrace sustainability from a corporate perspective, they recognize and incentivize individuals through an awards program for being proactive in making contri-butions to the company’s energy reduction efforts. This program has yielded a significant savings in their energy usage from lowering a boiler set point to improving efficiencies in their air compressors.

Because of their dedication to sustainability, American Snuff Company earned the Tennessee Green Star Partnership’s highest honor in 2014, gained national status with a new EPA Energy Star Partnership in 2015 as well as won the Tennessee Chamber’s 2015 Comprehensive Energy Excellence Award (less than 250 employees).

American Snuff Company publicly reports (as Reynolds Ameri-can, Inc.) their environmental and energy achievements and awards to the CDR (carbon disclosure) report and the DJSI (Dow Jones Sustainability Index) and also on their parent company’s website, Reynolds American.

As stated by Gene Crain, Senior Director of Manufacturing, “We are committed to transforming tobacco by establishing ourselves as an environmental leader in our industry.”

Congratulations to American Snuff Company on their sustain-ability successes – the Chamber is honored to have you as a member and grateful for your environmental leadership.

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Curtis Hopper, TDEC Office of Sustainable Practices, Jamie Bright and Rhonda Roger,

American Snuff Company

Page 18: Business Insider January 2016

The Tennessee Chamber on December 7th hosted our annual Boots ’n Business legislative reception and Public Affairs Legislative conference. Held at the Bridge Building in downtown Nashville, the event is an annual gathering of business leaders and elected officials to network and prepare for the upcoming legislative session. The enter-tainment for the evening featured some of Nashville’s premier song-writers, an industry unto itself!

Songwriters pictured (L-R): Shane Minor, John Ozier, Phil O’ Donnell

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Cornerstone Investors The Tennessee Chamber of Commerce recognizes stakeholders who invest at exceptional levels. These leading companies are shaping the future of Tennessee and help make the

state a better place to work and live.

CAPSTONE

KEYSTONE

FOUNDATION

Aegis Sciences Corporation Altria Client Services *Anheuser Busch Companies Aramark ASSA ABLOY Door Group AT&T Atmos Energy Bass, Berry & Sims PLC Brother International Corp. Burr & Forman, LLP Caterpillar, Inc. Chattem, Inc. *Chemours Company Clean Line Energy Partners LLC Comdata Community Health Systems Consolidated Nuclear Security Cooper Standard Automotive

CSX Transportation Dana Corporation Delek US Holdings Eagle Bend Manufacturing, Inc. Electrolux North America Embraer Aircraft Maintenance Svcs. Energy Solutions Franke Foodservice Systems General Mills International Paper Company Jackson Lewis PC Jackson National Life Insurance Co. John Deere Power Products JTEKT Automotive Tennessee VonoreKellogg Company Koch Companies Public Sector, LLC LBMC Mahle Industries, Inc.

McKee Foods Corporation Medtronic – Spinal & Biologics Merck & Co., Inc. MTSU Jones College of Business Mountain States Health Alliance *Mullican Flooring Norfolk Southern Corporation Nucor Steel of Memphis, Inc. Orgill, Inc. Packaging Corp. of America *Pearson Pinnacle Financial Partners Planters Bank Regions Bank Resolute Forest Products *Skanska Snap-On Tools State Farm Mutual Insurance

Stites & Harbison Taylor Farms TN, Inc. *TeamHealth Tennessee Farm Bureau Federation *Tennessee Tech University Tennsco Corporation TVA Tyson Foods United Parcel Service University of Tennessee US Bank Valero Memphis Refinery Vanderbilt University Waller Wal-Mart Stores Inc. Wellmont Health System Whirlpool Corporation

*New in 2015 or 2016

Page 20: Business Insider January 2016

414 Union Street Suite 107

Nashville, TN 37219

FIRST CLASS

PAIDNASHVILLE, TN

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Upcoming Training Courses & Chamber Events 2016

The Tennessee Chamber provides access to business and political decisionmakers, educational events, updated government policies, Capitol Hill to shape policies in support of a favorable business climate and protecion against unfavorable legislation

and bureaucracy.

Date Event Training LocationFebruary 9 Recordkeeping Knoxville

February 11 Recordkeeping Chattanooga

February 11 Surviving Active Shooter Situations in the Workplace: MurfreesboroA Mitigation Strategy for Workplace Violence

February 17 Basic Safety Jackson

February 18 Recordkeeping Jackson

February 23 Basic Safety Johnson City

February 25 Basic Safety Mt. Juliet

March 1 Tennessee Chamber Annual Meeting Nashville

March 6-8 TCCE Institute, 1st & 2nd Year Murfreesboro

March 8 Maintenance-Related TOSHA Clarksville

March 15 Maintenance-Related TOSHA Chattanooga

March 22 Maintenance-Related TOSHA Morristown

March 24 Maintenance-Related TOSHA Jackson

April 5 Dock & Warehouse Safety Jackson

April 7 Dock & Warehouse Safety Morristown

April 8 Forklift Safety Morristown

April 12th Surviving Active Shooter Situations in the Workplace: Knoxville A Mitigation Strategy for Workplace Violence

April 13 Dock & Warehouse Safety Chattanooga

April 14 Forklift Safety Chattanooga

April 26 Basic Safety Paris

April 27 Forklift Safety Jackson

April 28 GHS & Hazard Communication Jackson

May 4 GHS & Hazard Communication Kingsport

May 5 GHS & Hazard Communication Mt. Juliet

May 17-20 30-Hour OSHA General Industry Murfreesboro

Sept 21 Annual Tax Conference Nashville

Oct. 17 2nd Annual Business Open Golf Tournament Hermitage Golf Course

Oct 26-27 34th Annual Environment & Energy Conference Montgomery Bell State Park