Update/Memo
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Weekly Legislative Calendar

 

Update/Memo

Another busy week in the 110th Tennessee General Assembly has come and gone. The past week saw movement on a number of bills of interest to REALTORS®.

We watched a bill that would allow service of process of a summons served upon a contractually named party to enable a landlord repossession of their property in real estate disputes (SB1655/HB1667). This bill was amended to allow any adult person occupying a premises to be served for the purpose of a landlord regaining possession of property. It cleared the House Civil Justice Committee, and now heads to the Calendar and Rules Committee to determine a date for a floor vote. The companion bill in the Senate remains before the Judiciary Committee.

As anticipated, the Senate approved a four-year extension of the Tennessee Real Estate Commission (TREC) until June 30, 2022. The House is expected to take the same action in the coming weeks. The Real Estate Appraiser Commission was similarly extended by the Senate and awaits action in the House.

As some REALTORS® members are also auctioneers, we are following a bill that would alter auctioneer licensing laws and make it easier to become an auctioneer and grow auctioneering businesses (SB 2081/HB 2036). The current apprentice auctioneer period would be reduced from two years to one, auctioneers would be able to sponsor an unlimited number of apprentice auctioneers, there would be no waiting period to sponsor an apprentice after receiving a full auctioneer’s license, and the definition of an exempt online auction would be clarified to reduce uncertainty. This bill is scheduled to be heard in the House Business and Utilities Subcommittee on Tuesday, Feb. 20, and in the Senate Commerce and Labor Committee the same day.

We also continue to watch a short-term rental bill (SB 1086/HB 1020) which proposes amendatory language that would prohibit local governments from blanket-banning short-term rentals but would allow them to place certain restrictions. This bill passed the House last year and is pending in the Senate; it will be heard in the Senate Commerce Committee next week.

 

Weekly Calendar – Feb. 19, 2018

Tue 2/20/18 1:30pm – Senate Hearing Rm I, Senate Commerce & Labor Committee

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)

4. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
HB1680 – J. Clemmons – 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
21. SB1086 Stevens J. RETAIL TRADE: Short-Term Rental Unit Act. Enacts the “Short-Term Rental Unit Act,” which states that a short-term rental unit provider must maintain at least $500,000 in liability insurance or coverage to cover damage done by any person renting the unit from the short-term rental unit provider. Clarifies the restrictions a local governing body may or may not impose on short-term rental units. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 05/08/17 – House passed with amendment 10 (008656).
HB1020 – C. Sexton – 05/08/17 – House passed with amendment 10 (008656).
26. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Finance, Ways & Means Subcommittee 02/21/18.
HB1591 – G. McCormick – 02/15/18 – Set for House Finance, Ways & Means Subcommittee 02/21/18.
28. SB2081 Yager K. PROFESSIONS & LICENSURE: Licensure of auctioneers. STATE SUMMARY – As introduced, makes various changes to licensure provisions related to auctioneers, including exempting from such provisions any exchange of goods conducted through bidding on an internet-based trading platform by a publicly traded company that primarily sells motor vehicles and lowering from two years to one year the amount of time that a person has to serve under the supervision of an auctioneer prior to applying for licensure. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
HB2036 – M. Gravitt – 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
29. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
HB1555 – B. Gilmore – 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.

 

Tue 2/20/18 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. Senate Status: 02/05/18 – Referred to Senate Commerce & Labor Committee. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
SB2216 – A. Swann – 02/05/18 – Referred to Senate Commerce & Labor Committee.
3. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
SB1634 – J. Yarbro – 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18.
6. HB2036 Gravitt M. PROFESSIONS & LICENSURE: Licensure of auctioneers. STATE SUMMARY – As introduced, makes various changes to licensure provisions related to auctioneers, including exempting from such provisions any exchange of goods conducted through bidding on an internet-based trading platform by a publicly traded company that primarily sells motor vehicles and lowering from two years to one year the amount of time that a person has to serve under the supervision of an auctioneer prior to applying for licensure. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
SB2081 – K. Yager – 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18.
7. HB1680 Clemmons J. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Business & Utilities Subcommittee 02/20/18.
SB1657 – S. Dickerson – 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18.

 

Wed 2/21/18 10:30am – House Hearing Rm III, House Finance, Ways & Means Subcommittee

HEADER: 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)

11. HB46 Clemmons J. TAXES BUSINESS: Professional privilege tax. Exempts individuals from the professional privilege tax for the first year in which they are licensed or registered in a taxable profession. Senate Status: 05/09/17 – Taken off notice in Senate Finance, Ways & Means Committee. House Status: 02/15/18 – Set for House Finance, Ways & Means Subcommittee 02/21/18.
SB306 – S. Kyle – 05/09/17 – Taken off notice in Senate Finance, Ways & Means Committee.
18. 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. Senate Status: 02/15/18 – Senate passed with amendment 1 (012582), which deletes and rewrites all language after the enacting clause such that the substantive changes are to (1) add elderly low-income and disabled homeowner property tax relief recipients to those required to have continued eligibility during temporary periods of confinement in a nursing home or hospital if intent to return to the eligible residence is indicated and (2) to require individuals temporarily hospitalized or confined in a nursing home on or after October 3, 2017, to be retroactively reimbursed for any period where property tax relief reimbursement ceased as a result of such confinement. House Status: 02/15/18 – Set for House Finance, Ways & Means Subcommittee 02/21/18.
SB1675 – M. Green – 02/15/18 – Senate passed with amendment 1 (012582), which deletes and rewrites all language after the enacting clause such that the substantive changes are to (1) add elderly low-income and disabled homeowner property tax relief recipients to those required to have continued eligibility during temporary periods of confinement in a nursing home or hospital if intent to return to the eligible residence is indicated and (2) to require individuals temporarily hospitalized or confined in a nursing home on or after October 3, 2017, to be retroactively reimbursed for any period where property tax relief reimbursement ceased as a result of such confinement.
27. 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. Senate Status: 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18. House Status: 02/15/18 – Set for House Finance, Ways & Means Subcommittee 02/21/18.
SB1646 – K. Yager – 02/15/18 – Set for Senate Commerce & Labor Committee 02/20/18.

 

Wed 2/21/18 12:00pm – House Hearing Rm I, House Criminal Justice Committee

MEMBERS: CHAIR W. Lamberth (R); VICE CHAIR M. Curcio (R); J. VanHuss (R); P. Sherrell (R); A. Parkinson (D); M. Littleton (R); S. Jones (D); T. Goins (R); A. Farmer (R); J. Coley (R); R. Akbari (D)

4. 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. Senate Status: 02/12/18 – Senate passed. House Status: 02/15/18 – Set for House Criminal Justice Committee 02/21/18.
SB1734 – B. Kelsey – 02/12/18 – Senate passed.

 

Wed 2/21/18 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)

2. 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. Senate Status: 01/24/18 – Referred to Senate Finance, Ways & Means Committee. House Status: 02/15/18 – Set for House Government Operations Committee 02/21/18.
SB1685 – R. Briggs – 01/24/18 – Referred to Senate Finance, Ways & Means Committee.
4. HB1800 Daniel M. GOVERNMENT REGULATION: UAPA – review of administrative actions by the general assembly. Authorizes members of the general assembly the power to petition for a review by the government operations committee whether inter-agency memoranda should be promulgated as administrative rules. Requires either the committee chairs to direct the committees to meet with the purpose of reviewing any statement or intra-agency memoranda or for committees to vote to request the agency to promulgate the statement or intra-agency memoranda. Senate Status: 02/05/18 – Referred to Senate Government Operations Committee. House Status: 02/15/18 – Set for House Government Operations Committee 02/21/18.
SB2160 – M. Bell – 02/05/18 – Referred to Senate Government Operations Committee.
5. HB1739 Daniel M. GOVERNMENT REGULATION: UAPA – economic impact analyses of administrative rules. HB1739 Title: UAPA economic impact analyses of administrative rules. Category: Government Regulation Summary: Requires agencies filing new rules with the secretary of state to provide an analysis of the rule s economic impact on the state. If a congressional government operations committee finds the cost of the rule s implementation to exceed $1,000,000 over a three-year period, the agency will be forced to find ways to reduce the cost of the rule. Senate Status: 02/05/18 – Referred to Senate Government Operations Committee. House Status: 02/15/18 – Set for House Government Operations Committee 02/21/18.
SB2652 – B. Watson – 02/05/18 – Referred to Senate Government Operations Committee.

 

Wed 2/21/18 12:00pm – House Hearing Rm IV, House Transportation Subcommittee

MEMBERS: CHAIR T. Weaver (R); D. Alexander (R); B. Cooper (D); B. Doss (R); C. Rogers (R); J. Sexton (R); S. Whitson (R); J. Windle (D)

4. HB1732 Sexton C. TAXES GENERAL: Sale of surplus real property by the department of transportation. Authorizes the department of transportation to transfer surplus property without further appraisal if the property is equal to or less than a total value of $10,000. Senate Status: 02/05/18 – Referred to Senate Transportation & Safety Committee. House Status: 02/15/18 – Set for House Transportation Subcommittee 02/21/18.
SB2696 – P. Bailey – 02/05/18 – Referred to Senate Transportation & Safety Committee.

 

Wed 2/21/18 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)

2. 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. Senate Status: 01/17/18 – Referred to Senate Judiciary Committee. House Status: 02/15/18 – Set for House Civil Justice Subcommittee 02/21/18.
SB1496 – F. Haile – 01/17/18 – Referred to Senate Judiciary Committee.
4. HB2364 Lynn S. GOVERNMENT REGULATION: UAPA – changes the venue for judicial review of administrative orders. Changes the venue for judicial review of administrative orders under the Uniform Administrative Procedures Act from Davidson County to Williamson County. Senate Status: 02/05/18 – Referred to Senate Government Operations Committee. House Status: 02/15/18 – Set for House Civil Justice Subcommittee 02/21/18.
SB2499 – J. Johnson – 02/05/18 – Referred to Senate Government Operations Committee.
6. HB1896 Matlock J. ESTATES & TRUSTS: Uniform Partition of Heirs Property Act. STATE SUMMARY: As introduced, enacts the “Uniform Partition of Heirs Property Act.” – Amends TCA Title 29, Chapter 27 and Title 66. Senate Status: 01/29/18 – Referred to Senate Judiciary Committee. House Status: 02/15/18 – Set for House Civil Justice Subcommittee 02/21/18.
SB1826 – J. Stevens – 01/29/18 – Referred to Senate Judiciary Committee.
14. HB2386 Daniel M. GOVERNMENT REGULATION: UAPA – venue for appeals of contested case hearings. Requires the appeals of contested case hearings to be heard in the chancery court closest to the residence of the person contesting the agency action. Senate Status: 02/05/18 – Referred to Senate Government Operations Committee. House Status: 02/15/18 – Set for House Civil Justice Subcommittee 02/21/18.
SB2603 – M. Bell – 02/05/18 – Referred to Senate Government Operations Committee.
16. HB1794 Farmer A. PROPERTY & HOUSING: Electronic acknowledgments. Establishes guidelines for the creation of online notaries public. Grants online notaries public the same powers as notaries public. Allows people living outside the state to have documents notarized, and requires online notaries public to keep electronic records of the notarization. Grants the secretary of state powers to implement and oversee this rule . Senate Status: 01/25/18 – Referred to Senate Judiciary Committee. House Status: 02/15/18 – Set for House Civil Justice Subcommittee 02/21/18.
SB1758 – B. Kelsey – 01/25/18 – Referred to Senate Judiciary Committee.

 

Wed 2/21/18 3:00pm – House Hearing Rm IV, House Consumer & Human Resources Subcommittee

MEMBERS: CHAIR S. Lynn (R); J. Eldridge (R); J. Matlock (R); R. Staples (D); C. Boyd (R)

2. HB2392 Miller L. LABOR LAW: Certain acts of harassment, intimidation, or bullying as unlawful employment practices. Establishes the Healthy Workplace Act to ensure legal protection from harassment, intimidation, or bullying for any constitutionally protected class. Recognizes certain actions as unlawful employment practice. Requires that any person injured as a result of violation of this action have a civil cause of action no later than one year from the last act that constitutes a violation. Requires employers to adopt a policy prohibiting harassment, intimidation, and bullying by December 31, 2019. Senate Status: 02/05/18 – Referred to Senate Commerce & Labor Committee. House Status: 02/15/18 – Set for House Consumer & Human Resources Subcommittee 02/21/18.
SB2088 – S. Kyle – 02/05/18 – Referred to Senate Commerce & Labor Committee.

 

Wed 2/21/18 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)

3. 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. Senate Status: 02/15/18 – Senate passed. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB2685 – P. Bailey – 02/15/18 – Senate passed.
7. 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. Senate Status: 02/05/18 – Referred to Senate Finance, Ways & Means Committee. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB2650 – B. Watson – 02/05/18 – Referred to Senate Finance, Ways & Means Committee.
16. HB1357 Mitchell B. TAXES PROPERTY: Property tax freeze for elderly. Requires that an application for a property tax freeze be approved if the qualified applicant dies prior to filing the application on or after January 1 of the tax year for which the freeze is sought Senate Status: 04/11/17 – Senate State & Local Government Committee deferred to first calendar of 2018. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB870 – J. Yarbro – 04/11/17 – Senate State & Local Government Committee deferred to first calendar of 2018.
19. HB2064 Vaughan K. 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. Senate Status: 02/15/18 – Senate passed. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB1736 – B. Kelsey – 02/15/18 – Senate passed.
20. HB2337 Powell J. TAXES PROPERTY: Motions to claim excess tax sale proceeds. Requires that a motion to claim excess tax sale proceeds be served upon “all interested persons” rather than “the parties.” Revises other provisions governing notice and publication of delinquent tax sales. Senate Status: 02/05/18 – Referred to Senate State & Local Government Committee. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB2495 – J. Johnson – 02/05/18 – Referred to Senate State & Local Government Committee.
24. HB1835 Miller L. TAXES PROPERTY: Delinquent property taxes – waiving of penalties and fees due to severe weather. Allows the county trustee to waive penalties resulting from late property tax payments for up to one week if it is determined that severe weather obstructed timely payment at the time of the delinquency date. After one week from the delinquency date if there is no payment made penalties and interest accumulate. Senate Status: 01/25/18 – Referred to Senate State & Local Government Committee. House Status: 02/15/18 – Set for House Local Government Subcommittee 02/21/18.
SB1791 – T. Harper – 01/25/18 – Referred to Senate State & Local Government Committee.