Update/Memo
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Weekly Legislative Calendar

 

Update/Memo

The 110th General Assembly seems set to finish its business for the year in the coming week, as legislators seek to head home and return to work or begin their campaigns for re-election. This week saw developments on a number of bills that we are tracking for the REALTORS®.

Governor Haslam signed into law a bill that would allow service of a summons upon a contractually named party (SB1655/HB1667), to help a landlord gain repossession of their property in real estate disputes. This law 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.

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 (TREC), 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, with a minor amendment, has passed both houses, and will head to the governor’s desk in the coming week.

We continue to watch a bill addressing short-term rentals (SB 1086/HB 1020). A previous version of this bill passed the House last year, and, after a lengthy floor debate concerning the bill and 13 proposed amendments, was passed by the Senate this week. However, the House and Senate could not agree on the particulars of certain amendments, and the bill will head to a conference committee in the upcoming week. Members of the conference committee were appointed on Tuesday.

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. Minor differences between the House and Senate bills remain to be worked out in the coming week.

 

Weekly Calendar – April 23, 2018

Mon 4/23/18 12:30pm – House Hearing Rm I, House Finance, Ways & Means Committee

HEADER: The committee will meet immediately following House Finance, Ways & Means Subcommittee.  MEMBERS: CHAIR C. Sargent (R); VICE CHAIR K. Brooks (R); T. Wirgau (R); G. Hicks (R); M. Hill (R); C. Johnson (R); H. Love Jr. (D); S. Lynn (R); G. McCormick (R); S. McDaniel (R); L. Miller (D); R. Williams (R); P. Hazlewood (R); D. Hawk (R); D. Byrd (R); K. Camper (D); M. Carter (R); J. Coley (R); J. Crawford  (R); J. Deberry Jr. (D); C. Fitzhugh (D); B. Gilmore (D)

7. HB971 Sargent C. TAXES BUSINESS: Adverse action related to a license or other privilege – written request for hearing. Increases from 10 to 12 the number of days following any adverse action related to a license or other privilege that the licensee must file a written request for a hearing before the commissioner to contest the action. Broadly captioned. Amendment Summary: House Finance Subcommittee Amendment 1 (007935) rewrites the bill. Revises the distribution of local government revenue generation by the 2.25 percent local sales tax imposed on the sales price on the sales made in this state by dealers with no location in Tennessee. Fiscal Note: (Dated February 14, 2017) NOT SIGNIFICANT Senate Status: 02/21/17 – Referred to Senate Finance Revenue Subcommittee. House Status: 04/20/18 – Set for House Finance, Ways & Means Committee 04/23/18.
SB1075 – J. Lundberg – 02/21/17 – Referred to Senate Finance Revenue Subcommittee.

 

Mon 4/23/18 3:00pm – Senate Chamber, Senate Floor

 

22. SB2474 Roberts K. 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. Senate Finance, Ways & Means Committee amendment 1, House amendment 1 (015080) rewrites the bill to remove the exemption for low income applicants whose household adjusted gross income is below one hundred thirty percent of the federal poverty line, and the exemptions for applications between the age of 18 and 25 and military families. Senate Finance, Ways & Means Committee amendment 2, House amendment 2 (015996) removes the requirement in the bill as amended by 015080 for the Department of Health (DOH) and the Department of Commerce and Insurance (DCI) to process the application for the waiver within 30 days and the requirement for the Board to promulgate rules to effectuate the purpose of this section. 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: 04/19/18 – Set for Senate Floor 04/23/18. House Status: 04/17/18 – House passed with amendments 1 (015080) and 2 (015996). House amendment 1 (015080) rewrites the bill to remove the exemption for low income applicants whose household adjusted gross income is below one hundred thirty percent of the federal poverty line, and the exemptions for applications between the age of 18 and 25 and military families. House amendment 2 (015996) removes the requirement in the bill as amended by 015080 for the Department of Health (DOH) and the Department of Commerce and Insurance (DCI) to process the application for the waiver within 30 days and the requirement for the Board to promulgate rules to effectuate the purpose of this section.
HB1805 – D. Howell – 04/17/18 – House passed with amendments 1 (015080) and 2 (015996). House amendment 1 (015080) rewrites the bill to remove the exemption for low income applicants whose household adjusted gross income is below one hundred thirty percent of the federal poverty line, and the exemptions for applications between the age of 18 and 25 and military families. House amendment 2 (015996) removes the requirement in the bill as amended by 015080 for the Department of Health (DOH) and the Department of Commerce and Insurance (DCI) to process the application for the waiver within 30 days and the requirement for the Board to promulgate rules to effectuate the purpose of this section.
43. SB2603 Bell 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. Amendment Summary: House Finance, Ways & Means Committee amendment 1 (017040) deletes and rewrites all language after the enacting clause such that the only substantive changes (1) remove the ability for an aggrieved person to choose any court having subject matter jurisdiction and (2) require appeals of contested case hearings involving TennCare determinations be held in the Davidson County chancery court. House Government Operations Committee amendment 1 (013406) rewrites the bill. Specifies that subsection (f) will not apply to appeals of contested case hearings involving TennCare determinations. House Civil Justice Committee amendment 2 (014785) rewrites the bill. Removes applicability from any appeals of contested case hearing involving TennCare determinations. Removes the ability for an aggrieved person to choose any court have subject matter jurisdiction. Requires all appeals of contested cases involving a local government entity to be conducted in the Williamson County Chancery Court. Senate Government Operations Committee amendment 1 (016186) rewrites the bill. Exempts appeals of contested case hearings involving TennCare, the Tennessee public utility commission, and contested cases where the party appealing is a local government entity. Requires petitions for review to be submitted to the chancery court within 60 days after the entry of the agency’s final order. Fiscal Note: (Dated February 20, 2018) Increase State Revenue Exceeds $10,000/Attorney General Increase State Expenditures Exceeds $59,200/General Fund Exceeds $10,000/Attorney General Increase Federal Expenditures $49,200 Senate Status: 04/19/18 – Set for Senate Floor 04/23/18. House Status: 04/18/18 – Set for House Floor for 04/23/18.
HB2386 – M. Daniel – 04/18/18 – Set for House Floor for 04/23/18.
45. SB2680 Bailey P. LOCAL GOVERNMENT: Annexation without a referendum. Allows for the majority of property owners who own the majority of the land to effectively annex their property without a referendum. Amendment Summary: House amendment 2 (017086) deletes and replaces all language after the enacting clause. Specifies that a referendum is not required to effectuate annexation of territory if the proposed annexation consists of nine or fewer parcels, two-thirds of the property owners within the territory proposed for annexation consent in writing, and the total land area of the property owned by the individuals petitioning for the annexation is more than one-half of the territory proposed for annexation, and repeals this provision on January 1, 2023. Fiscal Note: (Dated February 25, 2018) Other Fiscal Impact To the extent less than all of property owners consent to annexation and a territory is annexed to a municipality without a referendum, shifts in revenue and expenditures between local entities may occur. Any changes or shifts would result from permissive actions of local government. The extent and timing of any such permissive shifts cannot be reasonably quantified. Local governments may also experience permissive cost avoidances associated with such referendums. Senate Status: 04/19/18 – Set for Senate Floor 04/23/18. House Status: 04/18/18 – House passed with amendment 2 (017086), which deletes and replaces all language after the enacting clause. Specifies that a referendum is not required to effectuate annexation of territory if the proposed annexation consists of nine or fewer parcels, two-thirds of the property owners within the territory proposed for annexation consent in writing, and the total land area of the property owned by the individuals petitioning for the annexation is more than one-half of the territory proposed for annexation, and repeals this provision on January 1, 2023.
HB2125 – R. Williams – 04/18/18 – House passed with amendment 2 (017086), which deletes and replaces all language after the enacting clause. Specifies that a referendum is not required to effectuate annexation of territory if the proposed annexation consists of nine or fewer parcels, two-thirds of the property owners within the territory proposed for annexation consent in writing, and the total land area of the property owned by the individuals petitioning for the annexation is more than one-half of the territory proposed for annexation, and repeals this provision on January 1, 2023.

 

Mon 4/23/18 3:00pm – Senate Chamber, Senate Message

 

6. SB1879 Briggs R. PROPERTY & HOUSING: New or amended subdivision regulations proposed by a regional planning commission. Prohibits new or amended subdivision regulations proposed by a regional planning commission from taking effect until approved by the county legislative body of any county, and by the governing body of any municipality, lying wholly or partly within the region. Deletes requirement that a regional planning commission hold a public hearing on subdivision regulations prior to adoption. Amendment Summary: House amendment 1 (014494) deletes language from the original bill and (1) adds a requirement that a regional planning commission hold a public hearing on subdivision regulations prior to adoption, (2) allows regional planning commissions to delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission, and (3) permits a regional planning commission to grant variances to subdivision regulations, if adopted at a public meeting of the commission. Senate amendment 1 (015734) restores the present law requirement for a public hearing a notice of the hearing by newspaper publication and specifies that the adoption of subdivision regulations or an amendment to existing subdivision regulations proposed by a regional planning commission must not be given effect unless approved: (1) By the county legislative body of each county lying wholly or partly within the region and by the governing body of each municipality lying wholly or partly within the region; (2) By only the legislative body of the county that is regulated by those subdivision regulations, if the subdivision regulations apply only to land outside of any municipality within the region; or (3) By only the governing body of the municipality that is regulated by those subdivision regulations, if the subdivision regulations apply only to land within municipal boundaries. The requirement for approval of subdivision regulations by one of the methods described in (1)-(3) will only apply to a regional planning commission if the legislative body of each county and municipality lying wholly or partly within the region adopts a resolution or ordinance requiring approval of the regional planning commission’s subdivision regulations or amendments to existing subdivision regulations. Once a regional planning commission adopts and files with the county register a regional plan which includes at least a major road plan, present law generally prohibits the recording of a plat that subdivides land that is not located in municipal boundaries until it has been approved by the regional planning commission. This amendment authorizes a regional planning commission to delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission’s meeting agenda and notice being provided as required for other matters before the regional planning commission. This amendment also authorizes a regional planning commission to grant variances to subdivision regulations, if such variances are adopted at a public meeting of the commission. Fiscal Note: (Dated March 8, 2018) Decrease Local Expenditures Exceeds $100 Senate Status: 04/19/18 – Set for Senate Message 04/23/18. House Status: 04/19/18 – House refused to recede from its actions in adopting House amendment 1 (014494).
HB1920 – R. Staples – 04/19/18 – House refused to recede from its actions in adopting House amendment 1 (014494).