TN Legislative Update – Week of 3-19-18

Update/Memo
Bill Tracking — View/Download PDF
Weekly Legislative Calendar

 

Update/Memo

The time change may mean darker mornings on the Hill, but the pace of work has not slowed down as we move one week closer to the end of the 2018 session. Leaders in both houses continue plan to wrap up the session by the first week of April: budget hearings were finished up this week and many committees are planning their final calendars. This week saw further movement on a number of bills that we are tracking for the REALTORS®.

We are watching 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 a summons for the purpose of a landlord regaining possession of property. The bill passed the House on March 12th and awaits a date for consideration on the Senate floor.  

A bill (SB 2081/HB 2036) creating a task force to examine needed updates to auctioneer licensing and online auction laws continues to move forward. With representation of all interested parties, including the Tennessee Real Estate Commission, this task force will have a solid discussion to generate broad agreement on a bill to be brought at the start of the 111th General Assembly next spring. The task force bill passed the Senate this week and awaits consideration by the House Business and Utilities Committee.

We continue to watch a bill addressing short-term rentals (SB 1086/HB 1020), which would prohibit local governments from instituting a blanket ban, but would allow them to impose many of the regulations they have sought. This bill passed the House last year, and is still pending in the Senate. The Senate Commerce and Labor Committee on Tuesday deferred consideration for a fourth consecutive week, but the bill will be heard next Tuesday at the committee’s final meeting.

A bill that, as amended, would make the provisions of the Uniform Residential Landlord and Tenant act applicable statewide (SB 2658/HB 2023) is moving forward this week. This bill would provide certainty for REALTORS®, property managers, and tenants statewide, and the Tennessee REALTORS® back passage of the bill. It passed the Senate Commerce and Labor Committee on Tuesday and goes before the House Business and Utilities Committee this coming week.

Sen. Joey Hensley (R-Hohenwald) introduced an amendment to SB 2556/HB 2439 that would criminalize fraudulent claims of a disability for the purpose of keeping a pet in an apartment that does not allow them. This bill, if enacted, would also allow the tenant to be held in breach of a rental agreement if convicted under the statute. All bills altering criminal law must pass through the Senate Judiciary Committee, and the bill must make it through the House Calendar and Rules Committee before passage.

 

Weekly Calendar – March 12, 2018

Tue 3/20/18 8:30am – Senate Hearing Rm I, Senate Finance, Ways & Means Committee

HEADER: The committee will hear the Governor’s amendment to the Appropriations Bill.   MEMBERS: CHAIR B. Watson (R); VICE CHAIR J. Stevens (R); 2ND VICE CHAIR J. Hensley (R); B. Massey (R); R. Tate (D); M. Norris (R); B. Ketron (R); T. Harper (D); F. Haile (R); T. Gardenhire (R); S. Dickerson (R)  
d Requires all appropriate agencies of state government to provide assistance to the Task Force, upon request. Requires the Task Force to make recommendations for legislation for the next legislative session and report its recommendations to the chairs of the Commerce and Labor Committee of the Senate and the Business and Utilities Committee of the House of Representatives on or before January 1, 2019, at which time the Task Force will terminate. House Business & Utilities Subcommittee amendment 1 (014174) creates the Tennessee Task Force on Auction Law Modernization (the Task Force) for the purpose of studying the regulation of online bidding platforms and conducting a comprehensive review of auction laws in this state, including rules of the Tennessee Auctioneer Commission. The Task Force shall be composed of 13 members, meet at least 4 times between June 1, 2018, and December 31, 2018, and members shall receive no compensation, nor reimbursement for actual travel and other expenses incurred in attending any meeting and performing any duties. For administrative purposes, attaches the Task Force to the Board of Licensing Auctioneers. Requires all appropriate agencies of state government to provide assistance to the Task Force, upon request. Requires the Task Force to make recommendations for legislation for the next legislative session and report its recommendations to the chairs of the Commerce and Labor Committee of the Senate and the Business and Utilities Committee of the House of Representatives on or before January 1, 2019, at which time the Task Force will terminate. Fiscal Note: (Dated February 15, 2018) Decrease State Revenue – $400/Tennessee Auctioneer Commission Pursuant to Tenn. Code Ann. 4-29-121, all regulatory boards are required to be self-supporting over any two- year period. The commission experienced a surplus of $60,841 in FY15-16, a surplus of $74,211 in FY16-17, and a cumulative reserve balance of $414,473 on June 30, 2017. Senate Status: 03/15/18 – Senate passed with amendment 1 (014425), which creates the Tennessee Task Force on Auction Law Modernization (the Task Force) for the purpose of studying the regulation of online bidding platforms and conducting a comprehensive review of auction laws in this state, including rules of the Tennessee Auctioneer Commission. The Task Force shall be composed of 13 members, meet at least 4 times between June 1, 2018, and December 31, 2018, and members shall receive no compensation, nor reimbursement for actual travel and other expenses incurred in attending any meeting and performing any duties. For administrative purposes, attaches the Task Force to the Board of Licensing Auctioneers. Requires all appropriate agencies of state government to provide assistance to the Task Force, upon request. Requires the Task Force to make recommendations for legislation for the next legislative session and report its recommendations to the chairs of the Commerce and Labor Committee of the Senate and the Business and Utilities Committee of the House of Representatives on or before January 1, 2019, at which time the Task Force will terminate. House Status: 03/15/18 – Set for House Business & Utilities Committee 03/21/18. Position: Realtors: support 
SB2081 – K. Yager – 03/15/18 – Senate passed with amendment 1 (014425), which creates the Tennessee Task Force on Auction Law Modernization (the Task Force) for the purpose of studying the regulation of online bidding platforms and conducting a comprehensive review of auction laws in this state, including rules of the Tennessee Auctioneer Commission. The Task Force shall be composed of 13 members, meet at least 4 times between June 1, 2018, and December 31, 2018, and members shall receive no compensation, nor reimbursement for actual travel and other expenses incurred in attending any meeting and performing any duties. For administrative purposes, attaches the Task Force to the Board of Licensing Auctioneers. Requires all appropriate agencies of state government to provide assistance to the Task Force, upon request. Requires the Task Force to make recommendations for legislation for the next legislative session and report its recommendations to the chairs of the Commerce and Labor Committee of the Senate and the Business and Utilities Committee of the House of Representatives on or before January 1, 2019, at which time the Task Force will terminate.

 

Wed 3/21/18 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)  

29.	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. Senate Status: 03/09/17 – Senate passed with amendment 3 and previously adopted amendments 1 and 2. House Status: 03/15/18 – Set for House State Government Subcommittee 03/21/18. Position: Realtors: monitor  SB127 – M. Green – 03/09/17 – Senate passed with amendment 3 and previously adopted amendments 1 and 2.
43.	HB2555 Goins T.	GOVERNMENT REGULATION: Fees promulgated by administrative rule. Prohibits the increase of existing administrative fee that exceeds the lesser five percent or the average annual rate of inflation for the immediately preceding calendar year. Requires that state government agencies must submit a proposal for such increases as a legislative bill or amendment for consideration by the general assembly. Fiscal Note: (Dated February 24, 2018) NOT SIGNIFICANT Senate Status: 03/15/18 – Set for Senate State & Local Government Committee 03/20/18. House Status: 03/15/18 – Set for House State Government Subcommittee 03/21/18. Position: Realtors: monitor  SB2715 – J. Bowling – 03/15/18 – Set for Senate State & Local Government Committee 03/20/18.
45.	HB2146 Hill M.	GOVERNMENT ORGANIZATION: Tennessee Historic Properties Act. Gives the Tennessee historical commission the power of eminent domain for purposes of bringing an action or other appropriate legal proceedings to recover for the state any and all historic properties. Upon acquisition of such historic properties, requires the title to designate the state and the political subdivision that had been the prior owner as joint owners. Requires all costs of such proceeding incurred by the state to be charged to the political subdivision that conveyed its interests in the historic property. Senate Status: 02/05/18 – Referred to Senate State & Local Government Committee. House Status: 03/15/18 – Set for House State Government Subcommittee 03/21/18. Position: Realtors: monitor  SB2109 – F. Niceley – 02/05/18 – Referred to Senate State & Local Government Committee.

 

Wed 3/21/18 3:00pm – House Hearing Rm I, House Health Subcommittee

MEMBERS: CHAIR B. Terry (R); J. Clemmons (D); J. Faison (R); J. Favors (D); M. Hill (R); S. Kumar (R); C. Sexton (R); P. Sherrell (R); J. Ragan (R)  

1.

HB1805 Howell D.

HEALTH CARE: Waiver of initial licensure fees imposed by health related boards. Relieves certain persons of the initial licensure fee imposed by health-related boards and professional regulatory boards. Requires an authority that is authorized to impose training, education, or licensure fees to practice in a profession to waive all initial licensure fees for low-income persons, military families, and young workers. Amendment Summary: Senate Health & Welfare Committee amendment 1 (014422) deletes and rewrites all language after the enacting clause such that the only substantive change is that it removes the exemption for applicants between the age of 18 and 25 and military families. Fiscal Note: (Dated February 26, 2018) Decrease State Revenue Exceeds $1,165,600/FY18-19 Exceeds $2,331,300/FY19-20 and Subsequent Years Increase State Expenditures – $285,700/FY18-19 $502,700/FY19-20 and Subsequent Years Other Fiscal Impact – The Health Related Boards had an annual surplus of $4,526,956 in FY15-16, an annual surplus of $3,551,254 in FY16-17, and a cumulative reserve balance of $32,645,083 on June 30, 2017. The Regulatory Boards had an annual surplus of $5,725 in FY15-16, an annual surplus of $2,735,422 in FY16-17, and a cumulative reserve balance of $26,350,035 on June 30, 2017. Senate Status: 03/07/18 – Senate Health & Welfare Committee recommended with amendment 1 (014422). Sent to Senate Finance. House Status: 03/15/18 – Set for House Health Subcommittee 03/21/18. Position: Realtors: support  SB2474 – K. Roberts – 03/07/18 – Senate Health & Welfare Committee recommended with amendment 1 (014422). Sent to Senate Finance.

 

Wed 3/21/18 3:00pm – House Hearing Rm II, House Local Government Subcommittee

HEADER: The subcommittee will take up the Election Calendar first, and then hear the last regular subcommittee calendar.  MEMBERS: CHAIR D. Carr (R); J. Crawford (R); D. Howell (R); L. Miller (D); A. Parkinson (D); T. Wirgau (R)

18.	HB2541 Harwell B.	TAXES PROPERTY: Exempts property tax of coffee shops owned by a religious institution. Exempts a coffee shop that is owned by a religious institution from property taxation. Sets requirements for a coffee shop to qualify under this section. Senate Status: 02/05/18 – Referred to Senate State & Local Government Committee. House Status: 03/15/18 – Set for House Local Government Subcommittee 03/21/18. Position: Realtors: monitor  SB2289 – M. Bell – 02/05/18 – Referred to Senate State & Local Government Committee.
20.	HB601 Williams R.	TAXES PROPERTY: Right of redemption for real property sold in a tax sale. Eliminates owner’s right of redemption in real property sold in a tax sale. Defines “vacant and abandoned” property and “evidence of abandonment” for purposes of the appointment of a receiver to collect rents on property subject to a lien for delinquent taxes. Senate Status: 02/09/17 – Referred to Senate Judiciary Committee. House Status: 03/15/18 – Set for House Local Government Subcommittee 03/21/18. Position: Realtors: monitor  SB492 – R. Briggs – 02/09/17 – Referred to Senate Judiciary Committee.
25.	HB2266 Hicks G.	PROPERTY & HOUSING: Public hearing regarding zoning ordinances. Requires a municipality prior to enacting a zoning ordinance or any relating amendment to publish notice the public hearing of the ordinance or amendment to website of the municipality. Fiscal Note: (Dated February 20, 2018) NOT SIGNIFICANT Senate Status: 02/05/18 – Referred to Senate State & Local Government Committee. House Status: 03/15/18 – Set for House Local Government Subcommittee 03/21/18. Position: Realtors: monitor  SB2375 – J. Bowling – 02/05/18 – Referred to Senate State & Local Government Committee.
29.	HB1987 Gilmore B.	TAXES PROPERTY: Affordable Real Property Act Enacts the Affordable Rental Property Act. Requires the Tennessee housing development agency to annually research the availability of affordable rental housing and set annual county income limits and monthly rental rates for counties with a shortage of affordable rental housing. Sets requirements and creates process for owners for applying for classification as an affordable rental property. Authorizes the state board of equalization to promulgate rules in consultation with the Tennessee housing development agency. Fiscal Note: (Dated March 4, 2018) Other Fiscal Impact Property assessors considering rental housing property as affordable rental property may lead to a permissive recurring decrease in local government property tax revenue. The extent and timing of any permissive decrease in local revenue cannot be reasonably determined. Senate Status: 03/15/18 – Set for Senate State & Local Government Committee 03/20/18. House Status: 03/15/18 – Set for House Local Government Subcommittee 03/21/18. Position: Realtors: monitor  SB2385 – J. Lundberg – 03/15/18 – Set for Senate State & Local Government Committee 03/20/18.