Update/Memo
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Weekly Legislative Calendar
Update/Memo
A rainy week in Nashville saw a continued fast pace of work in the General Assembly, with the Senate beginning Wednesday sessions and a number of committees closing for the year. This week saw developments on a number of bills that we are tracking for the REALTORS®.
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 passed the Senate this past week after clearing the House the week prior. 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. It awaits the governor’s signature.
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 has passed the Senate, and will face the House Finance, Ways & Means Committee in the coming week.
We continue to watch a bill addressing short-term rentals (SB 1086/HB 1020). This bill passed the House last year and is still pending in the Senate. The Senate Commerce and Labor Committee approved the bill on Tuesday with several amendments, and it now awaits a date for the Senate floor. As amended, the bill would allow local governments to ban and regulate short-term rentals, but grandfathers in any existing short-term rental properties.
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 Tennessee REALTORS® back passage of the bill. It is set for the floors of both houses in the 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. It passed the House last week and will go before the Senate Judiciary Committee Monday.
Weekly Calendar – March 12, 2018
Week of 4-2-18
Mon 4/2/18 1:30pm – 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)
| 3. | 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. Amendment Summary: Senate State & Local Government Committee amendment 1 (015935) deletes all language after the enacting clause. Requires each agency electing to increase a fee by administrative rule to provide certain information regarding the fee increase to each member of the General Assembly at least 30 days prior to the rule becoming effective. House State Government Committee amendment 1 (014981) rewrites the bill and allows an agency to increase administrative fees in an amount not to exceed the annual rates of inflation for years when the fee was not increased. Fiscal Note: (Dated February 24, 2018) NOT SIGNIFICANT Senate Status: 03/28/18 – Senate State & Local Government Committee recommended with amendment 1 (015935), which deletes all language after the enacting clause. Requires each agency electing to increase a fee by administrative rule to provide certain information regarding the fee increase to each member of the General Assembly at least 30 days prior to the rule becoming effective. Sent to Senate Calendar Committee. House Status: 03/29/18 – Set for House Government Operations Committee 04/02/18. Position: Realtors: monitor SB2715 – J. Bowling – 03/28/18 – Senate State & Local Government Committee recommended with amendment 1 (015935), which deletes all language after the enacting clause. Requires each agency electing to increase a fee by administrative rule to provide certain information regarding the fee increase to each member of the General Assembly at least 30 days prior to the rule becoming effective. Sent to Senate Calendar Committee. |
| 6. | 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. Amendment Summary: 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: 03/28/18 – Senate Government Operations Committee recommended with amendment 1 (016186). Sent to Senate Calendar Committee. House Status: 03/29/18 – Set for House Government Operations Committee 04/02/18. Position: Realtors: support SB2603 – M. Bell – 03/28/18 – Senate Government Operations Committee recommended with amendment 1 (016186). Sent to Senate Calendar Committee. |
| 8. | HB1787 Daniel M. | GOVERNMENT REGULATION: Payment of costs in a contested case hearing. Authorizes a hearing officer or judge to order a state agency to pay the party issued a citation by the agency reasonable fees and expenses if ruled that the citation issued was not grounded. Senate Status: 01/25/18 – Referred to Senate Government Operations Committee. House Status: 03/29/18 – Set for House Government Operations Committee 04/02/18. Position: Realtors: support SB1764 – B. Kelsey – 01/25/18 – Referred to Senate Government Operations Committee. |
| 11. | HB1657 Faison J. | GOVERNMENT ORGANIZATION: Sunset – real estate commission. Extends the real estate commission for one year to June 30, 2019. Amendment Summary: Senate amendment 1 (012850) extends the real estate commission for four years to June 30, 2022. Fiscal Note: (Dated January 16, 2018) NOT SIGNIFICANT Senate Status: 02/12/18 – Senate passed with amendment 1 (012850). House Status: 03/29/18 – Set for House Government Operations Committee 04/02/18. Position: Realtors: support SB1549 – M. Bell – 02/12/18 – Senate passed with amendment 1 (012850). |
Mon 4/2/18 1:30pm – Senate Hearing Rm I, Senate Judiciary Committee
HEADER: Final calendar 1. MEMBERS: CHAIR B. Kelsey (R); VICE CHAIR J. Lundberg (R); 2ND VICE CHAIR J. Bowling (R); M. Bell (R); L. Harris (D); S. Kyle (D); K. Roberts (R); J. Stevens (R); S. Reeves (R)
| 11. | SB2556 Hensley J. | PROPERTY & HOUSING: Notifying landlord of change of email address. Requires a tenant to provide a written notice of the tenant’s change of electronic mail address to the landlord. Amendment Summary: Senate Commerce & Labor Committee amendment 1, House amendment 1 (014061) states that if a tenant that pretends to have a disability-related need for an assistance animal in order to obtain an exception to a landlord policy that prohibits pets the landlord can be held in breach of the rental agreement based on the tenant’s conviction for the violation is fully enforceable. Defines assistance animal. Fiscal Note: (Dated February 28, 2018) NOT SIGNIFICANT Senate Status: 03/29/18 – Set for Senate Judiciary Committee 04/02/18. House Status: 03/26/18 – House passed with amendment 1 (014061), which states that if a tenant that pretends to have a disability-related need for an assistance animal in order to obtain an exception to a landlord policy that prohibits pets the landlord can be held in breach of the rental agreement based on the tenant’s conviction for the violation is fully enforceable. Defines assistance animal. Position: Realtors: support HB2439 – B. Terry – 03/26/18 – House passed with amendment 1 (014061), which states that if a tenant that pretends to have a disability-related need for an assistance animal in order to obtain an exception to a landlord policy that prohibits pets the landlord can be held in breach of the rental agreement based on the tenant’s conviction for the violation is fully enforceable. Defines assistance animal. |
| 12. | SB2204 Swann A. | PROPERTY & HOUSING: Fee charged for releasing of a lien. Increases the fee a register may charge from $3.00 to $5.00 to file the form for a marginal release of a lien. Amendment Summary: House Civil Justice Subcommittee amendment 1 (015499) rewrites the bill. Requires a prevailing party in an action challenging the validity of a lien to recover reasonable attorney’s fees, reasonable costs, and liquidated damages in an amount equal to 10 percent of the fair market value of the property in addition to any actual damages. Senate Status: 03/29/18 – Set for Senate Judiciary Committee 04/02/18. House Status: 03/29/18 – Set for House Civil Justice Committee 04/03/18. Position: Realtors: monitor HB1926 – T. Rudd – 03/29/18 – Set for House Civil Justice Committee 04/03/18. |
Tue 4/3/18 8:00am – 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)
| 11. | HB2395 Rogers C. | TAXES PROPERTY: Requirements for property tax increase. Requires that any real property tax rate increase be passed at a minimum of two consecutive, regularly scheduled meetings of the governing body of a county or municipality. Requires resolution or ordinance to be passed by a two-thirds vote for property tax increases of five percent or greater. Authorizes referendum on the question of a property tax rate increase of five percent or greater if the tax increase is not approved by a two-thirds vote of the governing body of the county or municipality. Amendment Summary: House Local Government Subcommittee amendment 1 (014072) removes the requirement for a two/thirds vote to pass a resolution that would raise certain taxes by five percent or higher. Sent to full committee. Fiscal Note: (Dated March 14, 2018) Forgone Local Revenue Exceeds $500,000 Increase Local Expenditures Exceeds $15,000/Permissive Other Fiscal Impact To the extent a county adopts a budget and tax levy at such a time that would prevent two regularly-scheduled meetings prior to the issuance of property tax bills, the county may incur mandatory increases in local expenditures associated with special-called meetings estimated to exceed $500 per meeting.* Setting a maximum on property tax revenue may reclassify debt as limited-tax general obligation bond debt and result in mandatory increases in local debt expenditures. The timing of any bond issued and mandatory increase in any coupon rate cannot be reasonably determined.* To the extent a property tax rate increase is not approved and local education agencies do not meet local match and maintenance of effort requirements, the Department of Education may withhold BEP funding from the district. SB 2290 – HB 2395 Senate Status: 03/28/18 – Taken off notice in Senate State & Local Government Committee. House Status: 03/29/18 – Set for House Local Government Committee 04/03/18. Position: Realtors: support SB2290 – M. Bell – 03/28/18 – Taken off notice in Senate State & Local Government Committee. |
| 20. | HB2098 Casada G. | PROPERTY & HOUSING: Return of certificate of insurance or worker’s compensation policy following the expiration of a building permit. Increases the number of business days from 10 to 15 for the return by mail of a certificate of insurance or workers compensation policy following the expiration of the building permit. Amendment Summary: Senate Commerce & Labor Committee amendment 1, House Local Government Subcommittee (015495) rewrites the bill to state that immediately preceding an initial adoption of the land use restrictions, industrial, commercial, and other business establishments in operation and permitted to operate under land use restrictions imposed pursuant to a redevelopment plan undertaken by any governmental agency of this state or its political subdivisions pursuant to chapter 2 or chapter 7 of Civil Procedure in the Tennessee Code Annotated, will be allowed to replace facilities necessary to conduct the industry or business if the facilities are acquired by a governmental entity pursuant to the power of eminent domain , replace facilities required to be relocated as the result of the acquisition of property by a governmental entity pursuant to the power of eminent domain, or to rebuild facilities if they are damaged by unplanned casualty provided a list of provisions that must be met. Specifies that subdivisions m(2) and (3) apply only to any acquisition or relocation of facilities within an area subject to land use restrictions imposed pursuant to a redevelopment plan undertaken on or after July 1, 2015, by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, or to damage to facilities caused by casualty or act of God occurring on or after July 1, 2015, regardless of the redevelopment plan’s date of enactment. Fiscal Note: (Dated February 23, 2018) NOT SIGNIFICANT Senate Status: 03/20/18 – Senate Commerce & Labor Committee recommended with amendment 1 (015495). Sent to Senate Calendar Committee. House Status: 03/29/18 – Set for House Local Government Committee 04/03/18. Position: Realtors: monitor SB2067 – B. Kelsey – 03/20/18 – Senate Commerce & Labor Committee recommended with amendment 1 (015495). Sent to Senate Calendar Committee. |
Tue 4/3/18 8:45am – Senate Hearing Rm I, Senate Finance, Ways & Means Committee
HEADER: The committee will meet immediately following the Senate Appropriation Subcommittee. The committee will hear an Expansion Request by the TN Comptroller and the TN Dept of Mental Health. 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)
| 6. | SB2520 Ketron B. | GOVERNMENT ORGANIZATION: Tennessee Heritage Protection Act of 2016 – exclusions. Excludes from coverage under the Tennessee Heritage Protection Act of 2016 memorials under the control of an accredited museum, public library, or public archive in certain circumstances. Amendment Summary: House State Government Committee amendment 1 (012101) prohibits public entities from selling or disposing of memorials on public property. Requires public entities to file a petition before any transaction involving a nonprofit or private entity. Allows interested parties to offer public comments regarding the petition prior to the commission’s decision. Establishes guidelines for the filing of complaints with the commission. Fiscal Note: (Dated February 13, 2018) NOT SIGNIFICANT Senate Status: 03/29/18 – Set for Senate Finance, Ways & Means Committee 04/03/18. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: monitor HB1574 – S. McDaniel – 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. |
| 25. | SB2504 Ketron B. | UTILITIES: Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018. Enacts the Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018, which desires to maximize investment in wireless connectivity across the state by creating a uniform and predicable framework that limits local obstacles to deployment of small wireless facilities and to encourage shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory. Prohibits a municipal authority to restrict the size, height, or otherwise regulate the appearance or placement of small wireless facilities. Requires any applicant, a person who is seeking a permit to install a small wireless facility, to replace existing authority-owned utility poles and must reasonably conform to the design aesthetics of the utility pole being replaced. Allows an applicant up to include up to 20 small wireless facilities within a single application to an authority. Requires the authority to determine whether an application is complete and notify the applicant within 10 days of receiving an application and must approve or deny an application within 60 days of receipt of the application. Amendment Summary: Senate Commerce & Labor Committee amendment 1, House amendment 1 (014216) re-writes the bill by deleting all language after the enacting clause. Substitutes the following: changes title to “Competitive Wireless Broadband Investment, Deployment and Safety Act of 2018. Sets up definitions for terms used. Establishes construction and applicability of part. (a) This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory. (b) This part does not apply to: (1) Deployment of infrastructure outside of the ROW; or (2) Taller towers or monopoles traditionally used to provide wireless services that are governed by Tennessee Code Annotated 13-24-304 and 13-24-305. Sets up local option and local preemption. Existing law unaffected. Prohibits certain activities. Establishes uniform local authority fees for deployment and maintenance of small wireless facilities; and exceptions. Establishes uniform application procedures for local authorities. Has provisions applicable solely to the state as an authority. House amendment 2 (0154442) (1) Adds that if an applicant submits an application in which the proposed design will affect a regulatory sign or a sign subject to a requirement for breakaway supports, then the local authority may reject the application. This amendment provides for the applicant submit a revised design in such a situation. (2) This amendment redefines PSS to mean a pole or other structure that is used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. This amendment excludes wireline backhaul facilities from the definition of wireless facilities. (3) In the provisions regarding notice of deployment or colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, this amendment removes references to deployment so that the provisions apply to colocation only. (4) In regard to the specification that this bill does not prohibit a local authority from enforcement of breakaway sign post requirements and safety restrictions along highways with a speed limit of 55 mph or more, this amendment removes the reference to “highways with a speed limit of 55 mph or more”. (5) This amendment rewrites this bill’s provision that the bill does not apply to or restrict the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment instead provides that this bill does not apply to or restrict the ability of an electric distributor or its agent or designated part to change the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment also specifies that it does not authorize a wireless provider to install or replace a PSS above the height restriction in this bill. (6) This amendment revises provisions governing requirements that an authority may impose on an applicant and makes other technical, nonsubstantive changes to this bill. Fiscal Note: (Dated February 13, 2018) Increase State Expenditures – $423,600/FY18-19/Highway Fund $423,600/FY19-20/Highway Fund $3,667,900/FY20-21 and Subsequent Years/ Highway Fund Increase Local Revenue Exceeds $1,000,000/FY18-19 Exceeds $1,010,000/FY19-20 Exceeds $1,020,000/FY20-21 Exceeds $40,000/FY21-22 and Subsequent Years Other Fiscal Impact A precise increase in local government expenditures for the hiring of additional staff for permit processing cannot reasonably be determined. In addition, passage of this legislation could place the Department of Transportation out of compliance with federal regulations and could jeopardize federal funding. The amount and timing of federal funding jeopardized is unknown. The Governors recommended budget document, on page B-321, identifies $1,013,371,700 in federal funding to the Department. Senate Status: 03/29/18 – Set for Senate Finance, Ways & Means Committee 04/03/18. House Status: 03/26/18 – House passed with amendment 1 (014216) and 2 (015442). Amendment 1 re-writes the bill by deleting all language after the enacting clause. Substitutes the following: changes title to “Competitive Wireless Broadband Investment, Deployment and Safety Act of 2018. Sets up definitions for terms used. Establishes construction and applicability of part. (a) This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory. (b) This part does not apply to: (1) Deployment of infrastructure outside of the ROW; or (2) Taller towers or monopoles traditionally used to provide wireless services that are governed by Tennessee Code Annotated 13-24-304 and 13-24-305. Sets up local option and local preemption. Existing law unaffected. Prohibits certain activities. Establishes uniform local authority fees for deployment and maintenance of small wireless facilities; and exceptions. Establishes uniform application procedures for local authorities. Has provisions applicable solely to the state as an authority. Amendment 2 (1) Adds that if an applicant submits an application in which the proposed design will affect a regulatory sign or a sign subject to a requirement for breakaway supports, then the local authority may reject the application. This amendment provides for the applicant submit a revised design in such a situation. (2) This amendment redefines PSS to mean a pole or other structure that is used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. This amendment excludes wireline backhaul facilities from the definition of wireless facilities. (3) In the provisions regarding notice of deployment or colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, this amendment removes references to deployment so that the provisions apply to colocation only. (4) In regard to the specification that this bill does not prohibit a local authority from enforcement of breakaway sign post requirements and safety restrictions along highways with a speed limit of 55 mph or more, this amendment removes the reference to “highways with a speed limit of 55 mph or more”. (5) This amendment rewrites this bill’s provision that the bill does not apply to or restrict the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment instead provides that this bill does not apply to or restrict the ability of an electric distributor or its agent or designated part to change the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment also specifies that it does not authorize a wireless provider to install or replace a PSS above the height restriction in this bill. (6) This amendment revises provisions governing requirements that an authority may impose on an applicant and makes other technical, nonsubstantive changes to this bill. Position: Realtors: monitor HB2279 – W. Lamberth – 03/26/18 – House passed with amendment 1 (014216) and 2 (015442). Amendment 1 re-writes the bill by deleting all language after the enacting clause. Substitutes the following: changes title to “Competitive Wireless Broadband Investment, Deployment and Safety Act of 2018. Sets up definitions for terms used. Establishes construction and applicability of part. (a) This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory. (b) This part does not apply to: (1) Deployment of infrastructure outside of the ROW; or (2) Taller towers or monopoles traditionally used to provide wireless services that are governed by Tennessee Code Annotated 13-24-304 and 13-24-305. Sets up local option and local preemption. Existing law unaffected. Prohibits certain activities. Establishes uniform local authority fees for deployment and maintenance of small wireless facilities; and exceptions. Establishes uniform application procedures for local authorities. Has provisions applicable solely to the state as an authority. Amendment 2 (1) Adds that if an applicant submits an application in which the proposed design will affect a regulatory sign or a sign subject to a requirement for breakaway supports, then the local authority may reject the application. This amendment provides for the applicant submit a revised design in such a situation. (2) This amendment redefines PSS to mean a pole or other structure that is used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. This amendment excludes wireline backhaul facilities from the definition of wireless facilities. (3) In the provisions regarding notice of deployment or colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, this amendment removes references to deployment so that the provisions apply to colocation only. (4) In regard to the specification that this bill does not prohibit a local authority from enforcement of breakaway sign post requirements and safety restrictions along highways with a speed limit of 55 mph or more, this amendment removes the reference to “highways with a speed limit of 55 mph or more”. (5) This amendment rewrites this bill’s provision that the bill does not apply to or restrict the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment instead provides that this bill does not apply to or restrict the ability of an electric distributor or its agent or designated part to change the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This amendment also specifies that it does not authorize a wireless provider to install or replace a PSS above the height restriction in this bill. (6) This amendment revises provisions governing requirements that an authority may impose on an applicant and makes other technical, nonsubstantive changes to this bill. |
Tue 4/3/18 9:00am – House Hearing Rm I, House Health Committee
HEADER: Note time change to 9:00 am. MEMBERS: CHAIR C. Sexton (R); VICE CHAIR S. Kumar (R); R. Williams (R); S. Whitson (R); B. Terry (R); R. Staples (D); P. Sherrell (R); B. Ramsey (R); J. Ragan (R); S. Jones (D); D. Jernigan (D); J. Holsclaw, Jr. (R); M. Hill (R); G. Hicks (R); R. Gant (R); J. Favors (D); J. Faison (R); J. Clemmons (D); S. Butt (R)
| 8. | 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. House Health Subcommittee 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. 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: 03/29/18 – Set for House Health Committee 04/03/18. Position: Realtors: support SB2474 – K. Roberts – 03/07/18 – Senate Health & Welfare Committee recommended with amendment 1 (014422). Sent to Senate Finance. |
Tue 4/3/18 2:00pm – House Hearing Rm I, House Finance, Ways & Means Committee
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)
| 20. | HB1920 Staples 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 Local Government Committee 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 State & Local Government Committee amendment 2 (015734) clarifies that the adoption of subdivision regulations proposed by regional planning commissions must be approved by the legislative body of the county or the governing body of the municipality. Fiscal Note: (Dated March 8, 2018) Decrease Local Expenditures Exceeds $100 Senate Status: 03/21/18 – Senate State & Local Government Committee recommended with amendment 1 (014494) and amendment 2 (015734). Amendment 2 clarifies that the adoption of subdivision regulations proposed by regional planning commissions must be approved by the legislative body of the county or the governing body of the municipality. Sent to Senate Calendar Committee. House Status: 03/29/18 – Set for House Finance, Ways & Means Committee 04/03/18. Position: Realtors: monitor SB1879 – R. Briggs – 03/21/18 – Senate State & Local Government Committee recommended with amendment 1 (014494) and amendment 2 (015734). Amendment 2 clarifies that the adoption of subdivision regulations proposed by regional planning commissions must be approved by the legislative body of the county or the governing body of the municipality. Sent to Senate Calendar Committee. |
| 22. | HB1952 Crawford J. | TAXES PROPERTY: Accounting for tax increment financing in calculating the certified tax rate. Permits governing bodies to exclude from taxable value of property appearing on the assessment roll, the taxable value of properties subject to tax increment financing and properties within areas where an economic impact plan has been approved. Fiscal Note: (Dated March 14, 2018) Local Expenditures Cost Avoidance – $500/Per Instance Senate Status: 03/26/18 – Senate passed. House Status: 03/29/18 – Set for House Finance, Ways & Means Committee 04/03/18. Position: Realtors: support SB1923 – J. Lundberg – 03/26/18 – Senate passed. |
| 24. | HB2125 Williams R. | 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 Local Government Committee amendment 1, Senate State & Local Government Committee amendment 1 (014080) requires the annexation of any property with written consent of a two-thirds majority of the property owners to not require a referendum. 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: 03/28/18 – Senate State & Local Government Committee recommended with amendment 1 (014080). Sent to Senate Calendar Committee. House Status: 03/29/18 – Set for House Finance, Ways & Means Committee 04/03/18. SB2680 – P. Bailey – 03/28/18 – Senate State & Local Government Committee recommended with amendment 1 (014080). Sent to Senate Calendar Committee. |
Tue 4/3/18 3:00pm – House Hearing Rm III, House Civil Justice Subcommittee
HEADER: Note time change to 3:00 pm. MEMBERS: CHAIR M. Carter (R); B. Beck (D); G. Casada (R); M. Daniel (R); A. Farmer (R); G. Hardaway (D); D. Moody (R)
| 8. | HB2572 Stewart M. | PROPERTY & HOUSING: Report on number of housing discrimination claims. Requires the human rights commission to submit an electronic report to each member of the general assembly no later than January 15th of each year regarding the number of claims involving discriminatory housing practices. Fiscal Note: (Dated February 7, 2018) NOT SIGNIFICANT Senate Status: 02/05/18 – Referred to Senate Judiciary Committee. House Status: 03/29/18 – Set for House Civil Justice Subcommittee 04/03/18. Position: Realtors: monitor SB2451 – L. Harris – 02/05/18 – Referred to Senate Judiciary Committee. |
Tue 4/3/18 3:00pm – House Hearing Rm I, House Finance, Ways & Means Subcommittee
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)
| 10. | HB1772 Dunn B. | PROPERTY & HOUSING: Public official as subject of lien on real property. Establishes an expedited process for listed public officials to contest liens on real property if they are believed to lack legal basis. The filing party must be notified within three business days of the public official contesting the lien with the register. The filing party may file an action for determination by a chancery court of county where the document was filed within 20 business days of delivery of the affidavit. Amendment Summary: Senate amendment 1, House Civil Justice Committee amendment 1 (015625) clarifies that a recital designating the type of instrument, office, book, and page number of the instrument must be included in a notarized affidavit filed with the register by a public official who is the subject of a lien or other encumbrance, or any other document that reasonably constitutes a cloud on the title of a real property interest. This amendment changes this bill’s requirement that the register send notice to the lienor to instead require that the public official send a copy of the affidavit to the filing party at the address listed on the lien, encumbrance, or other document. This amendment removes a provision of this bill that allows the register to void and remove from the public record the lien, encumbrance, or other document imposed on the public official if the lien, encumbrance, or other document does not contain the name or address of the filing party, plaintiff, complainant, lienor, or owner of the lien. This amendment clarifies that delivery of the affidavit to the filing party, refusal or failure to sign the return receipt, or notice by the US postal service that the affidavit is undeliverable will initiate the 20 business day time period within which a filing party, who believes in good faith that the lien or other document was filed with a reasonable basis or legal cause, may file an action seeking a determination. This amendment removes this bill’s provision which specifies that the cost bond included with a filing party’s petition does not apply to any financial institution that is insured by the federal deposit insurance corporation, insured by the national credit union administration, or regulated by the farm credit administration. This amendment also removes this bill’s provision that requires the register to void and remove from the public record the document along with all other filings associated with the document, including the affidavit, upon filing of a certification by the public official that no petition was filed within 20 business days of delivery of the affidavit. The amendment instead clarifies that: (1) A public official may file with the register a certification stating that no petition has been filed within 20 business days of delivery of the affidavit to the filing party; (2) A public official may file with the register a certification that the lien, encumbrance, or other document filed against them does not contain the name or address of the filing party; and (3) Any certification filed by a public official pursuant to (1) or (2) above must include a recital designating the type of instrument, office, book, and page number of the instrument identifying the lien, encumbrance, or other document referenced in the affidavit and will serve as a release of the lien, encumbrance, or other document. This amendment removes this bill’s requirement that the register void and remove from the public record the document along with all other filings associated with the document, including the affidavit, if, following the hearing on a petition filed against the public official, the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment instead allows a public official to file a final unappealable court decree with the register which will serve as a release of the lien encumbrance, or other document if the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment specifies that this bill will not apply to liens, encumbrances, or other documents if the originator, owner, or holder of any debt is any of the following: (1) A state or national bank or trust company insured by the federal deposit insurance corporation or an operating subsidiary of such a bank or trust company; (2) A state or federal credit union insured by the national credit union administration; (3) A residential mortgage lender or an industrial loan and thrift company licensed by the Tennessee department of financial institutions; (4) An entity regulated by the federal farm credit administration; (5) The federal housing administration (FHA); (6) A federal home loan bank; (7) The federal national mortgage association (FannieMae); (8) The federal home loan mortgage corporation (FreddieMac); (9) The federal agricultural mortgage corporation (FarmerMac); (10) The veterans administration (VA); or (11) Any lien, encumbrance, or other document that is filed with the register, where the mortgage electronic registration system is listed as the nominee for the originator, owner, or holder of the debt. This amendment requires the notarized affidavit filed with the register by a public official to include a statement that the affiant is not filing the affidavit contesting any document held by any of the above described entities. Fiscal Note: (Dated March 19, 2018) Increase Local Expenditures Exceeds $1,000/Permissive Senate Status: 03/26/18 – Senate passed with amendment 1 (015625), which clarifies that a recital designating the type of instrument, office, book, and page number of the instrument must be included in a notarized affidavit filed with the register by a public official who is the subject of a lien or other encumbrance, or any other document that reasonably constitutes a cloud on the title of a real property interest. This amendment changes this bill’s requirement that the register send notice to the lienor to instead require that the public official send a copy of the affidavit to the filing party at the address listed on the lien, encumbrance, or other document. This amendment removes a provision of this bill that allows the register to void and remove from the public record the lien, encumbrance, or other document imposed on the public official if the lien, encumbrance, or other document does not contain the name or address of the filing party, plaintiff, complainant, lienor, or owner of the lien. This amendment clarifies that delivery of the affidavit to the filing party, refusal or failure to sign the return receipt, or notice by the US postal service that the affidavit is undeliverable will initiate the 20 business day time period within which a filing party, who believes in good faith that the lien or other document was filed with a reasonable basis or legal cause, may file an action seeking a determination. This amendment removes this bill’s provision which specifies that the cost bond included with a filing party’s petition does not apply to any financial institution that is insured by the federal deposit insurance corporation, insured by the national credit union administration, or regulated by the farm credit administration. This amendment also removes this bill’s provision that requires the register to void and remove from the public record the document along with all other filings associated with the document, including the affidavit, upon filing of a certification by the public official that no petition was filed within 20 business days of delivery of the affidavit. The amendment instead clarifies that: (1) A public official may file with the register a certification stating that no petition has been filed within 20 business days of delivery of the affidavit to the filing party; (2) A public official may file with the register a certification that the lien, encumbrance, or other document filed against them does not contain the name or address of the filing party; and (3) Any certification filed by a public official pursuant to (1) or (2) above must include a recital designating the type of instrument, office, book, and page number of the instrument identifying the lien, encumbrance, or other document referenced in the affidavit and will serve as a release of the lien, encumbrance, or other document. This amendment removes this bill’s requirement that the register void and remove from the public record the document along with all other filings associated with the document, including the affidavit, if, following the hearing on a petition filed against the public official, the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment instead allows a public official to file a final unappealable court decree with the register which will serve as a release of the lien encumbrance, or other document if the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment specifies that this bill will not apply to liens, encumbrances, or other documents if the originator, owner, or holder of any debt is any of the following: (1) A state or national bank or trust company insured by the federal deposit insurance corporation or an operating subsidiary of such a bank or trust company; (2) A state or federal credit union insured by the national credit union administration; (3) A residential mortgage lender or an industrial loan and thrift company licensed by the Tennessee department of financial institutions; (4) An entity regulated by the federal farm credit administration; (5) The federal housing administration (FHA); (6) A federal home loan bank; (7) The federal national mortgage association (FannieMae); (8) The federal home loan mortgage corporation (FreddieMac); (9) The federal agricultural mortgage corporation (FarmerMac); (10) The veterans administration (VA); or (11) Any lien, encumbrance, or other document that is filed with the register, where the mortgage electronic registration system is listed as the nominee for the originator, owner, or holder of the debt. This amendment requires the notarized affidavit filed with the register by a public official to include a statement that the affiant is not filing the affidavit contesting any document held by any of the above described entities. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: support SB1971 – B. Massey – 03/26/18 – Senate passed with amendment 1 (015625), which clarifies that a recital designating the type of instrument, office, book, and page number of the instrument must be included in a notarized affidavit filed with the register by a public official who is the subject of a lien or other encumbrance, or any other document that reasonably constitutes a cloud on the title of a real property interest. This amendment changes this bill’s requirement that the register send notice to the lienor to instead require that the public official send a copy of the affidavit to the filing party at the address listed on the lien, encumbrance, or other document. This amendment removes a provision of this bill that allows the register to void and remove from the public record the lien, encumbrance, or other document imposed on the public official if the lien, encumbrance, or other document does not contain the name or address of the filing party, plaintiff, complainant, lienor, or owner of the lien. This amendment clarifies that delivery of the affidavit to the filing party, refusal or failure to sign the return receipt, or notice by the US postal service that the affidavit is undeliverable will initiate the 20 business day time period within which a filing party, who believes in good faith that the lien or other document was filed with a reasonable basis or legal cause, may file an action seeking a determination. This amendment removes this bill’s provision which specifies that the cost bond included with a filing party’s petition does not apply to any financial institution that is insured by the federal deposit insurance corporation, insured by the national credit union administration, or regulated by the farm credit administration. This amendment also removes this bill’s provision that requires the register to void and remove from the public record the document along with all other filings associated with the document, including the affidavit, upon filing of a certification by the public official that no petition was filed within 20 business days of delivery of the affidavit. The amendment instead clarifies that: (1) A public official may file with the register a certification stating that no petition has been filed within 20 business days of delivery of the affidavit to the filing party; (2) A public official may file with the register a certification that the lien, encumbrance, or other document filed against them does not contain the name or address of the filing party; and (3) Any certification filed by a public official pursuant to (1) or (2) above must include a recital designating the type of instrument, office, book, and page number of the instrument identifying the lien, encumbrance, or other document referenced in the affidavit and will serve as a release of the lien, encumbrance, or other document. This amendment removes this bill’s requirement that the register void and remove from the public record the document along with all other filings associated with the document, including the affidavit, if, following the hearing on a petition filed against the public official, the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment instead allows a public official to file a final unappealable court decree with the register which will serve as a release of the lien encumbrance, or other document if the chancellor determines that the document was filed without any reasonable basis or legal cause. This amendment specifies that this bill will not apply to liens, encumbrances, or other documents if the originator, owner, or holder of any debt is any of the following: (1) A state or national bank or trust company insured by the federal deposit insurance corporation or an operating subsidiary of such a bank or trust company; (2) A state or federal credit union insured by the national credit union administration; (3) A residential mortgage lender or an industrial loan and thrift company licensed by the Tennessee department of financial institutions; (4) An entity regulated by the federal farm credit administration; (5) The federal housing administration (FHA); (6) A federal home loan bank; (7) The federal national mortgage association (FannieMae); (8) The federal home loan mortgage corporation (FreddieMac); (9) The federal agricultural mortgage corporation (FarmerMac); (10) The veterans administration (VA); or (11) Any lien, encumbrance, or other document that is filed with the register, where the mortgage electronic registration system is listed as the nominee for the originator, owner, or holder of the debt. This amendment requires the notarized affidavit filed with the register by a public official to include a statement that the affiant is not filing the affidavit contesting any document held by any of the above described entities. |
| 12. | 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. Amendment Summary: House Civil Justice Committee amendment 1 (013246), which deletes all language after the enacting clause and replaces language of the proposed legislation such that the only substantive changes are (1) adding that a natural person can act on behalf of the maker of the document; (2) clarifying the definition of “appearance” to include appearing by way of an interactive two-way audio and video communication; (3) authorizes the use of an electronic signature or a digitized image of a wet signature, which does not need to be accompanied by a physical or electronic image of a stamp, impression, or seal; and (4) provides that the requirement of an official notary seal is satisfied by an electronically transmitted document if the document legibly reproduces the required elements of the seal. House Government Operations Committee amendment 1 (014854) makes technical corrections to the bill. Senate amendment 1 (014750) makes various technical clarifications to this bill and makes several changes to this bill concerning online notaries public. This amendment changes the provisions described in (3) of the Bill Summary concerning authentication of instruments or documents for registration or recording. If a person appears by an interactive two-way audio and video communication, the appearance and the certificate will be deemed compliant with the authentication requirements under this amendment if the acknowledging officer amends the acknowledgment form to read “personally appeared before me by audio-video communication” or “personally appeared by audio-video communication” or “before me appear by audio-video communication”. This amendment makes the following significant changes to the “Online Notary Public Act”: (1) Redefines “appear” to mean physically appearing before a notary public or appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state. This bill defined “appear” to mean “either physical appearance or online appearance”; (2) Requires that a person must be commissioned as a notary public and additionally commissioned to perform online notarizations in order to be an online notary public; (3) Clarifies that a principal must appear before and provide an acknowledgement of or take an oath or affirmation from an online notary public; (4) Removes the limitation on items that an online notarization may relate to, as described in (3)(A)-(F) of the Bill Summary; (5) Authorizes an online notary public to keep their secure electronic record in one or more electronic journals; (6) Authorizes a notary, or a guardian or personal representative of an incapacitated or deceased notary, to use a repository acting in accordance with any applicable rules to maintain their electronic record for the mandatory record retention period of at least five years; (7) Specifies that this bill’s requirement that an online notary public keep their electronic record, electronic signature, and electronic seal secure and under their exclusive control, includes access protection through the use of passwords or codes under control of the notary public; (8) Removes this bill’s provision that authorizes an online notary public to perform an online notarization without regard to the physical location of the principal at the time of the online notarization; and (9) Specifies that the validity of an online notarization performed by a Tennessee online notary public will be determined by applying the laws of Tennessee. This amendment adds that the requirements for hand signing and stamping by notaries public will be satisfied by electronic signatures, digitized images of signatures, and/or legible reproduction of the required elements of a seal in a document. Fiscal Note: (Dated February 3, 2018) Increase State Revenue $164,600/FY18-19/Secretary of State $4,600/FY19-20 and Subsequent Years/Secretary of State Increase State Expenditures $164,600/FY18-19/Secretary of State $4,600/FY19-20 and Subsequent Years/Secretary of State Senate Status: 03/26/18 – Senate passed with amendment 1 (014750), which makes various technical clarifications to this bill and makes several changes to this bill concerning online notaries public. This amendment changes the provisions described in (3) of the Bill Summary concerning authentication of instruments or documents for registration or recording. If a person appears by an interactive two-way audio and video communication, the appearance and the certificate will be deemed compliant with the authentication requirements under this amendment if the acknowledging officer amends the acknowledgment form to read “personally appeared before me by audio-video communication” or “personally appeared by audio-video communication” or “before me appear by audio-video communication”. This amendment makes the following significant changes to the “Online Notary Public Act”: (1) Redefines “appear” to mean physically appearing before a notary public or appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state. This bill defined “appear” to mean “either physical appearance or online appearance”; (2) Requires that a person must be commissioned as a notary public and additionally commissioned to perform online notarizations in order to be an online notary public; (3) Clarifies that a principal must appear before and provide an acknowledgement of or take an oath or affirmation from an online notary public; (4) Removes the limitation on items that an online notarization may relate to, as described in (3)(A)-(F) of the Bill Summary; (5) Authorizes an online notary public to keep their secure electronic record in one or more electronic journals; (6) Authorizes a notary, or a guardian or personal representative of an incapacitated or deceased notary, to use a repository acting in accordance with any applicable rules to maintain their electronic record for the mandatory record retention period of at least five years; (7) Specifies that this bill’s requirement that an online notary public keep their electronic record, electronic signature, and electronic seal secure and under their exclusive control, includes access protection through the use of passwords or codes under control of the notary public; (8) Removes this bill’s provision that authorizes an online notary public to perform an online notarization without regard to the physical location of the principal at the time of the online notarization; and (9) Specifies that the validity of an online notarization performed by a Tennessee online notary public will be determined by applying the laws of Tennessee. This amendment adds that the requirements for hand signing and stamping by notaries public will be satisfied by electronic signatures, digitized images of signatures, and/or legible reproduction of the required elements of a seal in a document. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: support SB1758 – B. Kelsey – 03/26/18 – Senate passed with amendment 1 (014750), which makes various technical clarifications to this bill and makes several changes to this bill concerning online notaries public. This amendment changes the provisions described in (3) of the Bill Summary concerning authentication of instruments or documents for registration or recording. If a person appears by an interactive two-way audio and video communication, the appearance and the certificate will be deemed compliant with the authentication requirements under this amendment if the acknowledging officer amends the acknowledgment form to read “personally appeared before me by audio-video communication” or “personally appeared by audio-video communication” or “before me appear by audio-video communication”. This amendment makes the following significant changes to the “Online Notary Public Act”: (1) Redefines “appear” to mean physically appearing before a notary public or appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state. This bill defined “appear” to mean “either physical appearance or online appearance”; (2) Requires that a person must be commissioned as a notary public and additionally commissioned to perform online notarizations in order to be an online notary public; (3) Clarifies that a principal must appear before and provide an acknowledgement of or take an oath or affirmation from an online notary public; (4) Removes the limitation on items that an online notarization may relate to, as described in (3)(A)-(F) of the Bill Summary; (5) Authorizes an online notary public to keep their secure electronic record in one or more electronic journals; (6) Authorizes a notary, or a guardian or personal representative of an incapacitated or deceased notary, to use a repository acting in accordance with any applicable rules to maintain their electronic record for the mandatory record retention period of at least five years; (7) Specifies that this bill’s requirement that an online notary public keep their electronic record, electronic signature, and electronic seal secure and under their exclusive control, includes access protection through the use of passwords or codes under control of the notary public; (8) Removes this bill’s provision that authorizes an online notary public to perform an online notarization without regard to the physical location of the principal at the time of the online notarization; and (9) Specifies that the validity of an online notarization performed by a Tennessee online notary public will be determined by applying the laws of Tennessee. This amendment adds that the requirements for hand signing and stamping by notaries public will be satisfied by electronic signatures, digitized images of signatures, and/or legible reproduction of the required elements of a seal in a document. |
| 20. | 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. Amendment Summary: House Transportation Committee amendment 1 (015920) deletes and replaces all language after the enacting clause such that the only substantive change establishes if the property owner relinquishes the owner’s right or the right has expired, the property may be conveyed to a legal governmental body or to an adjoining property owner. Senate Transportation & Safety Committee amendment 1 (013865) rewrites the bill regarding the appraisal review process of surplus real property. Fiscal Note: (Dated February 16, 2018) NOT SIGNIFICANT Senate Status: 03/29/18 – Senate deferred to 04/02/18. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: monitor SB2696 – P. Bailey – 03/29/18 – Senate deferred to 04/02/18. |
| 31. | 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. Amendment Summary: House Government Operations Committee, Senate Government Operations Committee amendment 1 (016204) rewrites the bill. Requires an agency to submit to the members of the government operations committees of the senate and house of representatives an estimate of the total compliance and implementation costs on small business entities within the state, if any, affected by the rule, and the number of those affected by the rule and any assumptions and reasoning upon which the estimate is based. Requires the agency to determine whether the rule has $3,000,000 or more, as opposed to $1,000,000 or more in the proposed legislation, in implementation and compliance costs over the three year period that begins on the effective date of the rule. Prohibits the agency to promulgate the rule without authorizing legislation or a germane modification to the proposed rule to reduce costs below the $3,000,000 threshold. Allows the government operations committee on a three-fourths majority vote to authorize the rule if the implementation and compliance costs exceed $3,000,000 upon a showing exceptional circumstances. Fiscal Note: (Dated February 16, 2018) Increase State Revenue $741,200/Recurring/Fiscal Review Committee Increase State Expenditures $330,000/One-Time/General Fund $5,213,600/Recurring/General Fund $370,600/Recurring/General Assembly Exceeds $100,000/One-Time/Fiscal Review Committee Exceeds $741,200/Recurring/Fiscal Review Committee Senate Status: 03/28/18 – Senate Government Operations recommended with amendment 1 (016204), which rewrites the bill. Requires an agency to submit to the members of the government operations committees of the senate and house of representatives an estimate of the total compliance and implementation costs on small business entities within the state, if any, affected by the rule, and the number of those affected by the rule and any assumptions and reasoning upon which the estimate is based. Requires the agency to determine whether the rule has $3,000,000 or more, as opposed to $1,000,000 or more in the proposed legislation, in implementation and compliance costs over the three year period that begins on the effective date of the rule. Prohibits the agency to promulgate the rule without authorizing legislation or a germane modification to the proposed rule to reduce costs below the $3,000,000 threshold. Allows the government operations committee on a three-fourths majority vote to authorize the rule if the implementation and compliance costs exceed $3,000,000 upon a showing exceptional circumstances. Sent to Senate State & Local Government. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: monitor SB2652 – B. Watson – 03/28/18 – Senate Government Operations recommended with amendment 1 (016204), which rewrites the bill. Requires an agency to submit to the members of the government operations committees of the senate and house of representatives an estimate of the total compliance and implementation costs on small business entities within the state, if any, affected by the rule, and the number of those affected by the rule and any assumptions and reasoning upon which the estimate is based. Requires the agency to determine whether the rule has $3,000,000 or more, as opposed to $1,000,000 or more in the proposed legislation, in implementation and compliance costs over the three year period that begins on the effective date of the rule. Prohibits the agency to promulgate the rule without authorizing legislation or a germane modification to the proposed rule to reduce costs below the $3,000,000 threshold. Allows the government operations committee on a three-fourths majority vote to authorize the rule if the implementation and compliance costs exceed $3,000,000 upon a showing exceptional circumstances. Sent to Senate State & Local Government. |
| 33. | HB2036 Gravitt M. | PROFESSIONS & LICENSURE: Licensure of auctioneers. Amends language in the bill to change “apprentice” to “affiliate”. Changes the time 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. Allows any auctioneer licensed under this chapter to sponsor an affiliate auctioneer and there is no limit to the number of affiliate auctioneers an auctioneer may sponsor. Makes exemptions to any exchange of goods conducted through bidding on an internet-based trading platform by a publicly traded company that primarily sells motor vehicles. Amendment Summary: House Business & Utilities Committee amendment 2 (015616) rewrites the bill. Creates the Tennessee Task Force on Auction Law Modernization. The task force shall: (1) Conduct a comprehensive review of auction laws in this state, including rules of the Tennessee Auctioneer Commission to study unnecessary barriers to entry into the profession; and (2) Recommend changes and updates to auctioneer licensing laws to recognize the board range of business models of auctioneers, auction firms, and auction platforms. (b) The task force shall be composed of: (1) The president of the Tennessee Auctioneers Association, who shall serve as chair of the task force; (2) One additional member of the Tennessee Auctioneers Association, selected by association members; (3) One online auctioneer with in-state operations, appointed by the speaker of the senate; (4) One online auctioneer with global operations, appointed by the speaker of the senate; (5) One online automobile auctioneer, appointed by the Speaker of the house of representatives; (6) One representative from a licensed Tennessee Auction School, appointed by the Speaker of the House of Representatives; (7) One member of the Tennessee Auctioneer Commission, selected by the commission; (8) The Commissioner of the commerce and insurance or the Commissioner’s designee; (9) One member of the Tennessee Real Estate Commission, selected by the commission; (10) One representative of the Tennessee County Services Association, selected by the association; (11) Two representatives from the Tennessee Automotive Association, selected by association members; and (12) One consumer member to represent the public, appointed by the governor. (c) A majority of the members of the task force constitute a quorum. Members must be present at meeting to vote. (d) The task force shall meet at least four times between June 1, 2018, and December 31, 2018, and may meet more often upon the call of the chair. (e) The task force shall be administratively attached to the department of commerce and insurance. All appropriate agencies of state government shall provide assistance to the task force upon the request of the task force. (f) All meetings shall be open to the public pursuant to Tennessee Code Annotated, Title 8, Chapter 44. (g) No member of the task force shall receive compensation, nor shall members be entitled to reimbursement for actual travel and other expenses incurred in attending any meeting or in performing any duties prescribed in this act. (h) The task force shall make recommendations for legislation for the next legislative session and report its recommendations to the chairs of commerce and labor committee of the senate and the business and utilities committee of the house of representatives on or before January 8, 2019, at which time the task force will cease to exist. Senate amendment 1 (014425) 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). House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: support SB2081 – K. Yager – 03/15/18 – Senate passed with amendment 1 (014425). |
| 65. | HB1574 McDaniel S. | GOVERNMENT ORGANIZATION: Tennessee Heritage Protection Act of 2016 – exclusions. Excludes from coverage under the Tennessee Heritage Protection Act of 2016 memorials under the control of an accredited museum, public library, or public archive in certain circumstances. Amendment Summary: House State Government Committee amendment 1 (012101) prohibits public entities from selling or disposing of memorials on public property. Requires public entities to file a petition before any transaction involving a nonprofit or private entity. Allows interested parties to offer public comments regarding the petition prior to the commission’s decision. Establishes guidelines for the filing of complaints with the commission. Fiscal Note: (Dated February 13, 2018) NOT SIGNIFICANT Senate Status: 03/29/18 – Set for Senate Finance, Ways & Means Committee 04/03/18. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: monitor SB2520 – B. Ketron – 03/29/18 – Set for Senate Finance, Ways & Means Committee 04/03/18. |
| 68. | 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. Amendment Summary: Senate Judiciary Committee amendment 1, House Local Government Subcommittee amendment 1 (015050) deletes and rewrites the bill to clarify that any tax liens on property shall not attach to an easement appurtenant of a servient estate or an easement in gross that was assessed separately from the property. Fiscal Note: (Dated March 21, 2018) Other Fiscal Impact To the extent a property is sold in a delinquent property tax sale that would have otherwise been redeemed or attempted to be redeemed by an owner, local governments may incur a mandatory decrease in local expenditures and a mandatory decrease in local revenue. The extent and timing of any such impact are dependent upon the actions of an owner in each delinquent tax sale and cannot be reasonably quantified. Senate Status: 03/27/18 – Senate Judiciary Committee recommended with amendment 1 (015050). Sent to Senate Finance. House Status: 03/29/18 – Set for House Finance, Ways & Means Subcommittee 04/03/18. Position: Realtors: monitor SB492 – M. Bell – 03/27/18 – Senate Judiciary Committee recommended with amendment 1 (015050). Sent to Senate Finance. |
Tue 4/3/18 3:30pm – House Hearing Rm III, House Civil Justice Committee
HEADER: The committee will meet immediately following the Civil Justice Subcommittee. 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)
| 5. | HB1926 Rudd T. | PROPERTY & HOUSING: Fee charged for releasing of a lien. Increases the fee a register may charge from $3.00 to $5.00 to file the form for a marginal release of a lien. Amendment Summary: House Civil Justice Subcommittee amendment 1 (015499) rewrites the bill. Requires a prevailing party in an action challenging the validity of a lien to recover reasonable attorney’s fees, reasonable costs, and liquidated damages in an amount equal to 10 percent of the fair market value of the property in addition to any actual damages. Senate Status: 03/29/18 – Set for Senate Judiciary Committee 04/02/18. House Status: 03/29/18 – Set for House Civil Justice Committee 04/03/18. Position: Realtors: monitor SB2204 – A. Swann – 03/29/18 – Set for Senate Judiciary Committee 04/02/18. |
