Update/Memo
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Weekly Legislative Calendar
Update/Memo
As the 110th Tennessee General Assembly enters the fifth week of the 2018 legislative session, things at the Capitol are heating up. Committee calendars are full and bills have begun to move to the floor for passage. The bill-filing deadline for the session was February 1, so no new bills will be filed this session. We continue to track any bills filed that would affect Tennessee REALTORS®, and are always watching for amendments that could change their impact.
Major work continues on the FY 2019 budget, as committees in both the House and Senate hear from state agencies about the Governor’s proposals.
This past week saw progress on a bill extending the legislative authority for the Tennessee Real Estate Commission until 2022. This regular procedural move occurs for all state departments and boards, but provided representatives of the Commission with an opportunity to testify on their important work before the House and Senate Committees on Government Operations.
This past week, we also watched a bill that would allow service of process of a summons served upon a contractually named party to enable a landlord reposition of their property in real estate disputes. This bill is relevant to REALTORS® across Tennessee, and passed out of subcommittee and on to full committee this week.
A number of Hill events in the past week honored the contributions and sacrifices of Tennessee’s veterans, culminating in a Veterans’ Day on the Hill. A number of Senators who are veterans spoke Wednesday morning about veterans’ issues, and focused attention on the high suicide rate among veterans, and possible legislative solutions.
Weekly Calendar – January 29, 2018
Mon 2/12/18 4:00pm – Senate Chamber, Senate Consent 2
| 4. | SB1548 Bell M. | GOVERNMENT ORGANIZATION: Sunset – real estate appraiser commission. Extends the real estate appraiser commission for six years to June 30, 2024. Fiscal Note: (Dated January 16, 2018) NOT SIGNIFICANT HB1656 – J. Faison – 02/08/18 – Set for House Government Operations Committee Consent Calendar 02/14/18. |
| 7. | SB1734 Kelsey B. | CRIMINAL LAW: New home contractors and home improvement services providers – criminal conduct. Protects home improvement contractors from being charged with deviating from the specified plans if they have received written permission from the homeowner to do so . Adds to definition of conduct by home improvement services provider that constitute offenses. Makes provision that deviations from plans are violations if the home contractor or home improvement services provider did not have written consent from home buyer or owner and such deviations caused damage to the property. Fiscal Note: (Dated February 1, 2018) NOT SIGNIFICANT HB1771 – B. Dunn – 02/08/18 – Set for House Criminal Justice Subcommittee 02/13/18. |
Mon 2/12/18 4:00pm – Senate Chamber, Senate Floor
| 6. | SB1549 Bell M. | GOVERNMENT ORGANIZATION: Sunset – real estate commission. Extends the real estate commission for one year to June 30, 2019. Amendment Summary: Senate Government Operations Committee amendment 1 (verbal) extends the real estate commission for four years to June 30, 2022. Fiscal Note: (Dated January 16, 2018) NOT SIGNIFICANT HB1657 – J. Faison – 01/24/18 – Referred to House Government Operations Committee. |
Mon 2/12/18 5:00pm – House Chamber, House Consent
HEADER: The House will take up the following memorializing bills on consent: HJR 762, HJR 764-769, SJR 513, SJR 547-550, SJR 553, SJR 556, SJR 558-559.
| 14. | HB1647 Faison J. | GOVERNMENT ORGANIZATION: Sunset – housing development agency board of directors. Extends the housing development agency board of directors for four years to June 30, 2022. Fiscal Note: (Dated January 22, 2018) NOT SIGNIFICANT SB1539 – M. Bell – 02/05/18 – Senate passed. |
Tue 2/13/18 9:00am – House Hearing Rm II, House Local Government Committee
MEMBERS: CHAIR T. Wirgau (R); VICE CHAIR D. Howell (R); C. Sexton (R); J. Sexton (R); A. Parkinson (D); L. Miller (D); M. Gravitt (R); J. Eldridge (R); J. Crawford (R); B. Cooper (D); D. Carr (R); D. Alexander (R)
| 7. | HB1670 Moon J. | TAXES PROPERTY: Reappraisals for cities lying in more than one county. Removes requirement that a city lying in more than one county be reappraised under a separate plan of reappraisal. Fiscal Note: (Dated January 26, 2018) NOT SIGNIFICANT SB1484 – R. Briggs – 02/01/18 – Senate passed. |
| 8. | HB1496 Pitts J. | TAXES PROPERTY: Property tax relief for disabled veterans who are temporarily in a nursing home. Provides continued eligibility for a disabled veteran’s property tax relief during temporary periods of confinement in a nursing home or hospitalization if the disabled veteran intends to return to the residence once he or she has sufficiently recovered. Amendment Summary: House Local Government Subcommittee amendment 1 (012582) requires disabled veterans who were temporarily hospitalized or confined in a nursing home and meet certain criteria receive retroactive reimbursement. Fiscal Note: (Dated January 22, 2018) Other Fiscal Impact There will be a shift in appropriated property tax relief funding to otherwise qualified property tax relief applicants. However, no change will be required for total appropriations made for the purpose of property tax relief. SB1675 – M. Green – 02/08/18 – Set for Senate State & Local Government Committee 02/13/18. |
| 9. | HB1502 Gravitt M. | TAXES PROPERTY: Filing requirements with the state board of equalization. Specifies that property subject to the tax exemption for religious, charitable, scientific, or educational property, property of certain low-income persons, property of certain educational institutions, and property used for airport runways is required to have the exemption application approved by the state board of equalization. Removes the requirement that the county assessor of property submit a record of the county board of equalization’s changes to the state board of equalization. Fiscal Note: (Dated January 22, 2018) NOT SIGNIFICANT SB1485 – E. Jackson – 02/08/18 – Set for Senate State & Local Government Committee 02/13/18. |
Tue 2/13/18 10:30am – Senate Hearing Rm I, Senate State & Local Government Committee
HEADER: The committee will have Budget Hearings by the Alcoholic Beverage Commission and the Department of Human Resources. They will also hear presentations about the TN Department of Corrections Request for Proposals and the Management of South Central Correctional Facility by the TDOC Chief Financial Officer, Wes Landers. MEMBERS: CHAIR K. Yager (R); VICE CHAIR R. Briggs (R); P. Bailey (R); T. Gardenhire (R); J. Johnson (R); B. Ketron (R); M. Norris (R); J. Yarbro (D); E. Jackson (R)
| 1. | SB1736 Kelsey B. | ECONOMIC DEVELOPMENT: Industrial development corporation – acquiring of hotel, motel, or apartment building for project. Allows an industrial development corporation to acquire a hotel, motel, or apartment building for their project located in a county having a population greater than 900,000 according to the 2010 federal census. HB2064 – K. Vaughan – 02/05/18 – Referred to House Local Government Subcommittee. |
| 4. | SB1675 Green M. | TAXES PROPERTY: Property tax relief for disabled veterans who are temporarily in a nursing home. Provides continued eligibility for a disabled veteran’s property tax relief during temporary periods of confinement in a nursing home or hospitalization if the disabled veteran intends to return to the residence once he or she has sufficiently recovered. Amendment Summary: House Local Government Subcommittee amendment 1 (012582) requires disabled veterans who were temporarily hospitalized or confined in a nursing home and meet certain criteria receive retroactive reimbursement. Fiscal Note: (Dated January 22, 2018) Other Fiscal Impact There will be a shift in appropriated property tax relief funding to otherwise qualified property tax relief applicants. However, no change will be required for total appropriations made for the purpose of property tax relief. HB1496 – J. Pitts – 02/08/18 – Set for House Local Government Committee 02/13/18. |
| 5. | SB1485 Jackson E. | TAXES PROPERTY: Filing requirements with the state board of equalization. Specifies that property subject to the tax exemption for religious, charitable, scientific, or educational property, property of certain low-income persons, property of certain educational institutions, and property used for airport runways is required to have the exemption application approved by the state board of equalization. Removes the requirement that the county assessor of property submit a record of the county board of equalization’s changes to the state board of equalization. Fiscal Note: (Dated January 22, 2018) NOT SIGNIFICANT HB1502 – M. Gravitt – 02/08/18 – Set for House Local Government Committee 02/13/18. |
| 6. | SB2685 Bailey P. | PROPERTY & HOUSING: Managing or developing mixed-finance housing projects. Expands the definition of immunity housing authority corporations to include entities that individuals or housing authorities may form. HB1766 – C. Sargent – 02/08/18 – Set for House Local Government Subcommittee 02/14/18. |
Tue 2/13/18 1:30pm – House Hearing Rm IV, House Criminal Justice Subcommittee
MEMBERS: CHAIR T. Goins (R); R. Akbari (D); M. Curcio (R); S. Jones (D); W. Lamberth (R); J. VanHuss (R)
| 3. | HB1771 Dunn B. | CRIMINAL LAW: New home contractors and home improvement services providers – criminal conduct. Protects home improvement contractors from being charged with deviating from the specified plans if they have received written permission from the homeowner to do so . Adds to definition of conduct by home improvement services provider that constitute offenses. Makes provision that deviations from plans are violations if the home contractor or home improvement services provider did not have written consent from home buyer or owner and such deviations caused damage to the property. Fiscal Note: (Dated February 1, 2018) NOT SIGNIFICANT SB1734 – B. Kelsey – 02/09/18 – Set for Senate Consent 2 02/12/18. |
Tue 2/13/18 1:30pm – Senate Hearing Rm I, Senate Commerce & Labor Committee
HEADER: The committee will have Budget Hearings by the TN Department of Commerce & Insurance and the TN Department of Labor & Workforce Development. MEMBERS: CHAIR J. Johnson (R); VICE CHAIR M. Green (R); D. Gresham (R); B. Ketron (R); R. Tate (D); B. Watson (R); K. Yager (R); F. Niceley (R); K. Roberts (R)
| 3. | SB1657 Dickerson S. | PROFESSIONS & LICENSURE: Opportunity to Earn Act. Enacts the “Opportunity to Earn Act” to repeal requirements that authorization to engage in regulated professions and occupations be revoked for persons who default on student loans. HB1680 – J. Clemmons – 01/24/18 – Referred to House Business & Utilities Subcommittee. |
| 15. | SB1646 Yager K. | UTILITIES: Cooperative access for telecommunications and broadband internet services. Grants access for a cooperative to certain properties for the purpose of supplying telecommunications and broadband internet access and related services. Amendment Summary: House Business & Utilities Committee amendment 1 (012868) adds language “so long as such others are permitted by law to operate such systems within the cooperative’s service area.” Deletes certain subdivisions (a)(11)(B) and (a)(11)(B) and adds instead the following language: Public thoroughfares, including but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applications authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render. Fiscal Note: (Dated January 25, 2018) Other Fiscal Impact A precise fiscal impact to local government revenue and expenditures cannot reasonably be determined; however due to electric cooperatives operating in a self-sustaining manner, the net impact to local government is considered not significant. HB1591 – G. McCormick – 02/08/18 – Set for House Finance, Ways & Means Subcommittee 02/14/18. |
| 16. | SB1634 Yarbro J. | PROFESSIONS & LICENSURE: Suspension or revocation of professional licensure for defaulting on a student loan. Repeals requirements that authorization to engage in regulated professions and occupations be revoked for persons who default on student loans. Requires reinstatement of licenses for otherwise qualified applicants whose licenses were suspended, denied, or revoked based solely on defaulting on student loan repayment. HB1555 – B. Gilmore – 02/08/18 – Set for House Business & Utilities Subcommittee 02/13/18. |
Tue 2/13/18 3:00pm – House Hearing Rm II, House Business & Utilities Subcommittee
MEMBERS: CHAIR J. Holsclaw, Jr. (R); K. Calfee (R); J. Moon (R); M. Sparks (R); J. Powell (D); P. Marsh (R); C. Johnson (R); M. Gravitt (R); B. Gilmore (D); K. Vaughan (R)
| 2. | HB1509 Powell J. | PROFESSIONS & LICENSURE: Revoking of professional license for defaulting on student loan. Repeals requirements that authorization to engage in regulated professions and occupations be revoked for persons who default on student loans. SB2216 – A. Swann – 02/05/18 – Referred to Senate Commerce & Labor Committee. |
| 4. | HB1555 Gilmore B. | PROFESSIONS & LICENSURE: Suspension or revocation of professional licensure for defaulting on a student loan. Repeals requirements that authorization to engage in regulated professions and occupations be revoked for persons who default on student loans. Requires reinstatement of licenses for otherwise qualified applicants whose licenses were suspended, denied, or revoked based solely on defaulting on student loan repayment. SB1634 – J. Yarbro – 02/08/18 – Set for Senate Commerce & Labor Committee 02/13/18. |
Tue 2/13/18 3:00pm – House Hearing Rm III, House Civil Justice Committee
HEADER: This committee will hear a Budget Presentation from the Administrative Office of the Courts. MEMBERS: CHAIR A. Farmer (R); VICE CHAIR D. Moody (R); B. Terry (R); M. Stewart (D); C. Rogers (R); G. Hardaway (D); J. Forgety (R); M. Daniel (R); G. Casada (R); M. Carter (R); B. Beck (D)
| 3. | HB1667 Lamberth W. | PROPERTY & HOUSING: Service of process – repossession of landlord’s property. Allows for service of process of a summons served upon a contractually named party to enable a landlord reposition of their property. Amendment Summary: House Civil Justice Subcommittee Amendment 1 (012791) adds language to the original bill authorizing any adult person occupying the premises to be served a summons for the purpose of a landlord regaining possession of property. Fiscal Note: (Dated February 2, 2018) NOT SIGNIFICANT SB1655 – J. Stevens – 01/24/18 – Referred to Senate Judiciary Committee. |
Wed 2/14/18 10:30am – House Hearing Rm III, House Finance, Ways & Means Subcommittee
HEADER: This committee will hear the legislation immediately following the budget hearings beginning at 9:00 a.m. by Commissioner Jai Templeton with the Department of Agriculture and Commissioner Burns Phillips with the Department of Labor and Workplace Development. MEMBERS: CHAIR G. McCormick (R); R. Williams (R); C. Sargent (R); S. McDaniel (R); H. Love Jr. (D); G. Hicks (R); P. Hazlewood (R); D. Hawk (R); C. Fitzhugh (D); J. Coley (R); K. Camper (D); K. Brooks (R)
| 16. | HB1591 McCormick G. | UTILITIES: Cooperative access for telecommunications and broadband internet services. Grants access for a cooperative to certain properties for the purpose of supplying telecommunications and broadband internet access and related services. Amendment Summary: House Business & Utilities Committee amendment 1 (012868) adds language “so long as such others are permitted by law to operate such systems within the cooperative’s service area.” Deletes certain subdivisions (a)(11)(B) and (a)(11)(B) and adds instead the following language: Public thoroughfares, including but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applications authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render. Fiscal Note: (Dated January 25, 2018) Other Fiscal Impact A precise fiscal impact to local government revenue and expenditures cannot reasonably be determined; however due to electric cooperatives operating in a self-sustaining manner, the net impact to local government is considered not significant. SB1646 – K. Yager – 02/08/18 – Set for Senate Commerce & Labor Committee 02/13/18. |
Wed 2/14/18 12:00pm – House Hearing Rm III, House Government Operations Committee
MEMBERS: CHAIR J. Faison (R); VICE CHAIR J. Ragan (R); R. Williams (R); M. Stewart (D); B. Mitchell (D); C. Johnson (R); D. Howell (R); C. Halford (R); C. Fitzhugh (D); G. Casada (R); K. Calfee (R)
| 1. | HB1468 Staples R. | TAXES SALES: Historic Structure Rehabilitation Act. Provides for a refund of state sales tax paid on expenditures to rehabilitate historic structures if the owner uses the certified historic structure for at least one year following the rehabilitation, the rehabilitation meets certain U.S. standards, and the certified qualified rehabilitation expenditures are made on or after July 1, 2018. SB1685 – R. Briggs – 01/24/18 – Referred to Senate Finance, Ways & Means Committee. |
Wed 2/14/18 12:00pm – House Hearing Rm III, House Government Operations Committee Consent Calendar
MEMBERS: CHAIR J. Faison (R); VICE CHAIR J. Ragan (R); K. Calfee (R); G. Casada (R); C. Fitzhugh (D); C. Halford (R); D. Howell (R); C. Johnson (R); B. Mitchell (D); M. Stewart (D); R. Williams (R)
| 5. | HB1656 Faison J. | GOVERNMENT ORGANIZATION: Sunset – real estate appraiser commission. Extends the real estate appraiser commission for six years to June 30, 2024. Fiscal Note: (Dated January 16, 2018) NOT SIGNIFICANT SB1548 – M. Bell – 02/09/18 – Set for Senate Consent 2 02/12/18. |
Wed 2/14/18 1:30pm – House Hearing Rm III, House Civil Justice Subcommittee
MEMBERS: CHAIR M. Carter (R); B. Beck (D); G. Casada (R); M. Daniel (R); A. Farmer (R); G. Hardaway (D); D. Moody (R)
| 12. | HB1727 Rogers C. | LOCAL GOVERNMENT: Condemned property being offered for sale to the former owner. Changes requirements for the local government notifying and offering the sale of a condemned property to the former property owner. Fiscal Note: (Dated February 2, 2018) Other Fiscal Impact Passage of this legislation could result in decreases to local government revenue. The extent and timing of any such impacts is dependent upon multiple unknown factors and cannot reasonably be determined. SB1496 – F. Haile – 01/17/18 – Referred to Senate Judiciary Committee. |
Wed 2/14/18 1:30pm – House Hearing Rm IV, House State Government Subcommittee
MEMBERS: CHAIR B. Sanderson (R); B. Hulsey (R); D. Jernigan (D); M. Littleton (R); B. Ramsey (R)
| 9. | HB54 Zachary J. | GOVERNMENT REGULATION: Discriminatory actions by government against business. Prohibits state and local governments from taking discriminatory action against a business based on the business’s internal policies. Amendment Summary: Senate Amendment 1 (003286) makes a technical correction and specifies that this bill prohibits state and local governments from taking discriminatory action against a business on the basis of the business’s internal policies that are in compliance with state and federal law. Senate Amendment 2 (003814) adds language to the original bill to expand the prohibition of state and local governments from taking discriminatory action against a business on the basis of personnel and employee benefit policies of the business entity that are in compliance with federal law. Senate Amendment 3 (004225) deletes and rewrites language in the bill such that the proposed prohibition for state and local governments from taking discriminatory action against a business entity is based specifically on that business s healthcare insurance policies and the coverage provided thereunder; family leave policies; minimum wage policies; or anti-discrimination policies; provided that such policies are in compliance with state and federal statues, rules, and regulations. Fiscal Note: (Dated February 6, 2017) Other Fiscal Impact To the extent a business contracts with or receives a grant from a state or local government entity and adopts a policy in compliance with state law but out of compliance with federal law, federal funds may be withheld. The extent of any potential federal withholding is based on multiple unknown factors and cannot be reasonably determined. SB127 – M. Green – 03/09/17 – Senate passed with amendment 3 and previously adopted amendments 1 and 2. |
Wed 2/14/18 3:00pm – House Hearing Rm V, House Local Government Subcommittee
MEMBERS: CHAIR D. Carr (R); J. Crawford (R); D. Howell (R); L. Miller (D); A. Parkinson (D); T. Wirgau (R)
| 1. | HB1766 Sargent C. | PROPERTY & HOUSING: Managing or developing mixed-finance housing projects. Expands the definition of immunity housing authority corporations to include entities that individuals or housing authorities may form. SB2685 – P. Bailey – 02/08/18 – Set for Senate State & Local Government Committee 02/13/18. |
| 2. | HB1735 Carter M. | TAXES PROPERTY: TACIR study on nontax-producing property held by state and local governments. TACIR study on nontax-producing property held by state and local governments. Fiscal Note: (Dated January 24, 2018) NOT SIGNIFICANT SB2650 – B. Watson – 02/05/18 – Referred to Senate Finance, Ways & Means Committee. |
| 3. | HB1929 Curcio M. | PROPERTY & HOUSING: Sober living homes. Allows for municipalities to require sober living homes to submit records of the home s location and its rehabilitation program. Decreases from eight to six the maximum number of unrelated people living in a place to be called a single family residence. SB2214 – A. Swann – 02/05/18 – Referred to Senate State & Local Government Committee. |
