Legislative Update Week of 2-18-19

2019-02-25T15:40:54+00:00February 25th, 2019|

Update/Memo

This past week saw further movement on a number of bills that we are tracking for Tennessee REALTORS®, including:

— A bill that requires the commissioner of environment and conservation to issue a permit for the installation of a subsurface sewage disposal system to any person unable to connect to the public sewer system from a moratorium and requires the permit holder to discontinue service to the subsurface sewage disposal system and connect to the public sewer system within 90 days of the moratorium being lifted (SB178/HB165) was deferred until Feb. 27th in the Senate Energy, Agriculture & Natural Resources Committee, and was taken off notice in the House Agriculture & Natural Resources Committee.

— A bill that adds committing or intending to commit a felony, theft, or assault in a construction that is not open to the public into the definition of burglary (SB83/HB125) was referred to the House Criminal Justice Subcommittee, but failed in the Senate Judiciary Committee.

— A bill that makes the urban brownfield redevelopment project statute applicable to “mid-size and small counties” rather than “large and mid-size counties” (SB355/HB327) was deferred by the Senate State & Local Government Committee until March 5th, and is still awaiting a hearing in the House Property & Planning Subcommittee.

— A bill that limits recovery of a real property owner who prevails in an action challenging the validity of a lien to only liens filed against certain residential units (SB1172/HB757) was passed through the House Business Subcommittee with an amendment that rewrites the bill and eliminates what a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding recovers. It is yet to receive a hearing date in the Senate Commerce and Labor Committee.

— A bill that adds a private process server to the list of individuals authorized to personally serve a copy of a warrant or summons on behalf of a landlord in an action for forcible entry and detainer to regain possession of such landlord’s real property (SB401/HB33) passed the House Civil Justice Subcommittee and was set to be heard in the House Judiciary committee on the 27th. It is yet to be scheduled to be head in the Senate Judiciary Committee.

Weekly Bill Tracker:  (View/Download/Print PDF)

Calendar Report

Week of February 25, 2019

Mon 2/25/19 4:30pm – Senate Chamber, Senate Consent 2

18. SB351 Briggs R. TAXES PROPERTY: Property tax assessments. Allows county clerks to keep oaths prescribed for assessors and deputies in electronic or digital format. Allows assessors to provide informal reviews of assessments under certain circumstances, raises cost of taxpayer appeal fees to under $10, except for certain appellants, and allows the appeals commission to delegate decision-making authority to a single member when an evidentiary record must remain open for under 30 days after the hearing.
HB143 – R. Smith – 02/21/19 – Set for House Local Committee 02/27/19.
19. SB359 Haile F. LOCAL GOVERNMENT: Recording of annexation resolutions and deannexation ordinances. Requires municipalities to record annexation resolutions and deannexation ordinances with the register of deeds in affected county or counties. Fiscal Note: (Dated February 12, 2019) NOT SIGNIFICANT
HB362 – M. Cochran – 02/05/19 – Referred to House Property & Planning Subcommittee.

Tue 2/26/19 10:30am – House Hearing Rm I, House Property & Casualty Subcommittee

MEMBERS: CHAIR D. Jernigan (D); S. Cepicky (R); J. Garrett (R); M. Hall (R); T. Rudd (R); M. Sparks (R); R. Travis (R)

2. HB272 Gant R. INSURANCE GENERAL: Broadens ways for insurers to pay referral fees to unlicensed persons. Broadens the manner and ability of insurers or insurance producers to pay referral fees to unlicensed persons.
SB1299 – M. Pody – 02/13/19 – Referred to Senate Commerce & Labor Committee.

Tue 2/26/19 12:00pm – House Hearing Rm II, House Agriculture & Natural Resources Subcommittee

MEMBERS: CHAIR J. Reedy (R); J. Chism (D); J. Clemmons (D); C. Halford (R); A. Holt (R); B. Hulsey (R); C. Todd (R)

1. HB259 Marsh P. ENVIRONMENT & NATURE: Requirements and clarification for discharging water. Establishes that the commissioner may issue permits authorizing discharges if there is no condition of pollution and meets the regulations of the board. Declares that an evaluation of alternative locations is not required when examining alternative locations for the purpose of avoiding and minimizing the impact of the project.
SB916 – S. Southerland – 02/21/19 – Set for Senate Energy, Agriculture & Natural Resources Committee 02/27/19.
3. HB809 Kumar S. TAXES PROPERTY: Expands definition of agricultural land for purposes of greenbelt property tax program. Expands definition of agricultural land for purposes of greenbelt property tax program to include two noncontiguous tracts of land within same county totaling at least 15 acres and split only by public or private road. Broadly captioned. Fiscal Note: (Dated February 14, 2019) Other Fiscal Impact Due to multiple unknown variables, a precise mandatory recurring decrease in local government revenue beginning in FY20-21 cannot reasonably be determined.
SB886 – F. Niceley – 02/11/19 – Referred to Senate State & Local Government Committee.
8. HB361 Cooper B. ENVIRONMENT & NATURE: Prohibits landfill construction within five miles of a residence. Prohibits the commissioner from granting a permit, variance, or waiver to construct a landfill within five miles of a residence. Requires the department of environment and conservation to organize a meeting between the permittee and interested persons if there has been a violation. The meeting must be held within 30 days of the date the petition is filed.
SB417 – S. Kyle – 02/06/19 – Referred to Senate Energy, Agriculture & Natural Resources Committee.

Tue 2/26/19 1:00pm – Senate Hearing Rm I, Senate Commerce & Labor Committee

HEADER: The committee will hear a presentation on SB 312 by Senator Watson.   By Suspension of Senate Rule 83(8), the following item has been added to the calendar: SB277.  MEMBERS: CHAIR P. Bailey (R); VICE CHAIR A. Swann (R); 2ND VICE CHAIR J. Lundberg (R); R. Akbari (D); D. Gresham (R); J. Johnson (R); F. Niceley (R); S. Southerland (R); B. Watson (R)

14. SB466 Roberts K. LABOR LAW: Defining an employee and an employee-employer relationship. Requires the consideration of the 20-factor test IRS Revenue Ruling 87-41 to determine whether a worker is an independent contractor and whether an employer-employee relationship exists in the arrangement.
HB539 – D. Howell – 02/11/19 – Referred to House Employee Affairs Subcommittee.
16. SB1327 Bowling J. PROFESSIONS & LICENSURE: Application of licensure expedited for military spouses. Deletes requirement that spouses armed forces service members of the United States be actively employed in a profession when moving to this state in order to have their licensure application expedited. Broadly captioned. Fiscal Note: (Dated February 14, 2019) NOT SIGNIFICANT
HB1088 – R. Bricken – 02/19/19 – Taken off notice in House Business Subcommittee.

Tue 2/26/19 1:30pm – House Hearing Rm III, House Commerce Committee

MEMBERS: CHAIR T. Hill (R); VICE CHAIR C. Doggett (R); D. Wright (R); R. Staples (D); D. Powers (R); J. Powell (D); J. Moon (R); P. Marsh (R); C. Johnson (R); C. Hurt (R); J. Holsclaw, Jr. (R); P. Hazlewood (R); K. Haston (R); Y. Hakeem (D); J. Chism (D); K. Camper (D); K. Calfee (R); C. Boyd (R)

2. HB295 Carr D. PROFESSIONS & LICENSURE: Certification for electrical inspects contracted by local or state government. Requires electrical inspectors employed by a local or state government to be certified by the state fire marshal and for this certification to be completed every three years. Declares that certain electrical inspectors contracted under the commissioner of commerce and insurance to be certified on and after January 1, 2020.
SB1190 – D. White – 02/11/19 – Referred to Senate State & Local Government Committee.
4. HB757 Marsh P. PROPERTY & HOUSING: Limits recovery of a real property owner who prevails in action challenging validity of lien. Limits recovery of a real property owner who prevails in an action challenging the validity of a lien to only liens filed against certain residential units. Amendment Summary:  House Business Subcommittee amendment 1 (004202) rewrites the bill and eliminates what a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding recovers. Fiscal Note: (Dated February 14, 2019) NOT SIGNIFICANT
SB1172 – A. Swann – 02/11/19 – Referred to Senate Commerce & Labor Committee.

Tue 2/26/19 3:00pm – House Hearing Rm III, House Business Subcommittee

MEMBERS: CHAIR C. Johnson (R); J. Chism (D); C. Doggett (R); T. Hill (R); C. Hurt (R); D. Wright (R)

2. HB1064 Vaughan K. PROFESSIONS & LICENSURE: Contractor continuing education. Requires contractors licensed on or after January 1, 2009, to complete a minimum of eight hours of continuing education biennially by a board-approved provider and proof of compliance must be filed. Specifies that current membership in a professional trade association approved by the board qualifies as four hours.
SB1336 – S. Southerland – 02/11/19 – Referred to Senate Commerce & Labor Committee.
3. HB261 Daniel M. PROFESSIONS & LICENSURE: Expands the Right to Earn a Living Act. Requires entry regulations, public service restrictions, and statutes to be clearly apparent and shaped to fulfill a legitimate public health or safety objective. Allows individuals to bring civil action on relevant licensing authorities that failed to meet standards. Fiscal Note: (Dated February 15, 2019) Other Fiscal Impact Due to multiple unknown factors, the exact impact of the proposed legislation cannot be determined with reasonable certainty.
SB196 – B. Kelsey – 02/19/19 – Senate State & Local Government Committee deferred to 03/05/19.
4. HB353 Daniel M. EDUCATION: School credits relative to occupational training. Establishes a person who receives certified comprehensive career and technical training in high school and post high school are eligible to receive equivalent credit towards the occupational license related to training.
SB571 – J. Bowling – 02/07/19 – Referred to Senate Commerce & Labor Committee.
5. HB271 Gant R. CONSTRUCTION: Payment rights of contractors and subcontractors. Prohibits a written contract to have a condition precedent for payment clause where the prime contractor is not required to pay the remote contractor due to contract or until they are paid by the construction owner. Declares that if payment is not received, work by contractor can be suspended until received. Makes other revisions relative to the payment rights of contractors and subcontractors.
SB324 – J. Johnson – 02/04/19 – Referred to Senate Commerce & Labor Committee.
8. HB1218 Potts J. PROFESSIONS & LICENSURE: Reinstatement of professional and occupational licenses under certain circumstances. Allows the reinstatement of a professional or occupational licenses if there is submission of an application acceptable to the licensing entity, payment of the full renewal fee for an active license, and payment of any reinstatement penalty that may be required by the licensing entity.
SB999 – J. Yarbro – 02/11/19 – Referred to Senate Commerce & Labor Committee.
9. HB1219 Potts J. PROFESSIONS & LICENSURE: Issuance of temporary occupational licenses to spouses of members of the armed forces. Directs the department of health and the department of commerce and insurance to promulgate rules for the issuance of temporary occupational licenses to spouses of members of the armed forces of the United States who have been transferred by the military to Tennessee.
SB937 – J. Yarbro – 02/11/19 – Referred to Senate Commerce & Labor Committee.

Wed 2/27/19 11:00am – House Hearing Rm I, House Property & Planning Subcommittee

MEMBERS: CHAIR D. Carr (R); J. Crawford (R); J. Faison (R); B. Freeman (D); E. Helton (R); G. Johnson (D); B. Ramsey (R)

1. HB853 Carter M. LOCAL GOVERNMENT: Annexation of territory by municipality that is not contiguous to its boundaries. Requires the consent of a county before a municipality may annex territory that is not contiguous to the municipality’s boundary.
SB715 – B. Watson – 02/07/19 – Referred to Senate State & Local Government Committee.
3. HB74 Jernigan D. PUBLIC FINANCE: Ability for appeal of transit-oriented redevelopment plans. Creates the ability for a property owner within the area covered by a transit-oriented redevelopment plan to appeal a decision of an authority regarding the project to a legislative appeal board. This appeal board must meet at least once each quarter. Voting on an amendment to the project must be done in 60 days. Reduces amount of expenses that can be set aside from incremental tax revenues from five to three percent.
SB1101 – S. Dickerson – 02/11/19 – Referred to Senate State & Local Government Committee.
4. HB403 Hall M. TAXES PROPERTY: Removes certain state provisions regarding property tax. Eliminates certify valuation to local officials, authority to place liens, and issue distress warrants for state property tax. Fiscal Note: (Dated February 4, 2019) NOT SIGNIFICANT
SB241 – E. Jackson – 02/21/19 – Senate passed.
5. HB100 Leatherwood T. TAXES PROPERTY: Filing of year’s property maps with register of deeds. Changes date when assessors must file that year’s property maps with the register of deeds from October 1 to April 15. Fiscal Note: (Dated January 31, 2019) NOT SIGNIFICANT
SB278 – R. Kurita – 02/21/19 – Senate passed.
6. HB229 Bricken R. TAXES PROPERTY: Commission retained by county registers for collecting and reporting recordation tax. Removes incrementally over a three-year period the requirement that 52 percent of the five percent commission retained by county registers for collecting and reporting recordation tax must be remitted to state treasurer and credited to state general fund.
SB249 – E. Jackson – 02/01/19 – Referred to Senate State & Local Government Committee.

Wed 2/27/19 11:00am – Senate Hearing Rm I, Senate Energy, Agriculture & Natural Resources Committee

HEADER: The committee will hear a presentation on the TN Environmental Council by Jeffrey Barrie, Interim CEO, and on Aglaunch by Pete Nelson, Executive Director.  MEMBERS: CHAIR S. Southerland (R); VICE CHAIR F. Niceley (R); 2ND VICE CHAIR M. Pody (R); R. Kurita (I); D. White (R); K. Robinson (D); J. Johnson (R); D. Gresham (R); R. Akbari (D); S. Reeves (R)

2. SB178 Gardenhire T. ENVIRONMENT & NATURE: Persons unable to connect to the public sewer system due to moratorium. Requires the commissioner of environment and conservation to issue a permit for the installation of a subsurface sewage disposal system to any person unable to connect to the public sewer system from a moratorium. Requires the permit holder to discontinue service to the subsurface sewage disposal system and connect to the public sewer system within 90 days of the moratorium being lifted. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
HB165 – P. Hazlewood – 02/12/19 – Taken off notice in House Agriculture & Natural Resources Subcommittee.
6. SB916 Southerland S. ENVIRONMENT & NATURE: Requirements and clarification for discharging water. Establishes that the commissioner may issue permits authorizing discharges if there is no condition of pollution and meets the regulations of the board. Declares that an evaluation of alternative locations is not required when examining alternative locations for the purpose of avoiding and minimizing the impact of the project.
HB259 – P. Marsh – 02/21/19 – Set for House Agriculture & Natural Resources Subcommittee 02/26/19.

Wed 2/27/19 12:30pm – House Hearing Rm I, House Judiciary Committee

HEADER: The committee will see a video by the Justice Action Network.  MEMBERS: CHAIR M. Curcio (R); VICE CHAIR J. Garrett (R); A. Farmer (R); M. Littleton (R); B. Mitchell (D); B. Ogles (R); A. Parkinson (D); J. Potts (D); I. Rudder (R); B. Sanderson (R); P. Sherrell (R); J. Towns Jr. (D); J. VanHuss (R); W. Lamberth (R); C. Johnson (R); B. Hulsey (R); B. Beck (D); K. Camper (D); M. Carter (R); M. Daniel (R); C. Doggett (R); R. Eldridge (R); J. Faison (R); B. Griffey (R); D. Howell (R)

2. HB33 Boyd C. JUDICIARY: Service of process. Adds a private process server to the list of individuals authorized to personally serve a copy of a warrant or summons on behalf of a landlord in an action for forcible entry and detainer to regain possession of such landlord’s real property. Fiscal Note: (Dated February 15, 2019) Decrease Local Revenue Exceeds $4,000
SB401 – J. Stevens – 02/06/19 – Referred to Senate Judiciary Committee.

Wed 2/27/19 2:00pm – House Hearing Rm I, House Local Committee

MEMBERS: CHAIR J. Crawford (R); VICE CHAIR D. Wright (R); M. Carter (R); R. Travis (R); R. Tillis (R); T. Rudd (R); B. Ramsey (R); J. Moon (R); L. Lamar (D); G. Johnson (D); E. Helton (R); Y. Hakeem (D); B. Freeman (D); J. Faison (R); D. Carr (R); K. Calfee (R)

5. HB143 Smith R. TAXES PROPERTY: Property tax assessments. Allows county clerks to keep oaths prescribed for assessors and deputies in electronic or digital format. Allows assessors to provide informal reviews of assessments under certain circumstances, raises cost of taxpayer appeal fees to under $10, except for certain appellants, and allows the appeals commission to delegate decision-making authority to a single member when an evidentiary record must remain open for under 30 days after the hearing.
SB351 – R. Briggs – 02/21/19 – Set for Senate Consent 2 02/25/19.
9. HB1112 Powell J. TAXES PROPERTY: Delinquent property taxes due on parcel. Allows a purchaser of a parcel subject to delinquent taxes to demand rents or profits from the occupier of the parcel only after the purchaser has made an advance demand for such rents or profits. Makes various revisions regarding delinquent tax proceedings.
SB712 – J. Stevens – 02/07/19 – Referred to Senate State & Local Government Committee.

Wed 2/27/19 3:30pm – House Hearing Rm IV, House Life & Health Insurance Subcommittee

MEMBERS: CHAIR R. Smith (R); T. Hill (R); J. Hodges (D); J. Lafferty (R); D. Powers (R); C. Sexton (R); R. Travis (R)

2. HB139 Cooper B. INSURANCE HEALTH: Health insurance coverage of acupuncture services. Orders every individual or group health insurance policy to provide coverage for acupuncture services after January 1, 2020. Allows for more stringent deductible, co-payment requirements and benefit limits than those established for the treatment of other regular health benefits. Fiscal Note: (Dated January 31, 2019) Increase State Expenditures $720,000/FY19-20 $1,440,000/FY20-21 and Subsequent Years Potential Impact on Health Insurance Premiums (required by Tenn. Code Ann. 3-2-111): Such legislation will result in an increase in the cost of health insurance premiums for procedures and treatments being provided by plans that do not currently offer these benefits at the proposed mandated levels. It is estimated that the increase to each individual’s total premium will be less than one percent. A one percent increase in premium rates could range between $50 (single coverage) and $140 (family coverage) depending on the type of plan.
SB838 – R. Akbari – 02/11/19 – Referred to Senate Commerce & Labor Committee.

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