Legislative Update Week of 3-11-19

2019-03-15T14:29:50+00:00March 15th, 2019|

Update/Memo

With the Governor’s budget having been officially released last week, this week the committees of both chambers began the process of budget hearings. These hearings will continue over the next few weeks before any final legislative actions on the budget will be taken. As this year’s session is about halfway over, House committees have already begun to anticipate their closing dates; Agriculture, Transportation, Consumer & Human Resources is expected to close on March 25th, Commerce, Insurance, Local on April 1st, Education, State, Health on April 8th, and Judiciary and the full committees of Government Operations and Naming & Designating on April 15th. This week saw further movement on a number of bills that we are tracking for Tennessee REALTORS®.

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) passed the Senate with an amendment which removes the requirement that permit holder connect to public sewer systems after 90 days and requires disclosure of installed subsurface sewage disposal systems under these permits to purchasers. It was passed out of the House Agriculture & Natural Resources Subcommittee with an amendment (004863) that removes the requirement that permits the holder to connect to public sewer systems after 90 days, and requires disclosure of installed subsurface sewage disposal systems under these permits to purchasers. It is waiting to be scheduled for a floor vote in the House.

A bill that requires a residential landlord or a residential home seller to provide a lessee or buyer with the location and contact information for the office of the county election commission and a voter registration form at the time of the execution of the lease or sale (SB1005/HB1221) has been referred to the Senate State & Local Government Committee and was taken off notice in House Elections & Campaign Finance Subcommittee.

A bill that prohibits government payments, fees, and other forms of financial benefits paid or bestowed, or agreed to be paid or bestowed, to a private entity from being deemed confidential trade secret, proprietary information, or confidential business information unless the transaction or proposed transaction falls under a specific exception as prescribed by state or federal law (SB1292/HB370) has been referred to Senate State & Local Government Committee and is set to be heard in the House Public Service & Employee Subcommittee on March 20th.

A bill that reduces the professional privilege tax each year beginning with the tax year that begins on and after June 1, 2019 and eliminates the professional privilege tax completely for the tax year ending on or after May 31, 2024 (SB491/HB39) was sent to the Senate Finance Revenue Subcommittee and was returned to the full committee with a negative recommendation. That bill has been referred to the House Finance, Ways & Means Subcommittee.

A bill to eliminate the professional privilege tax for the tax year ending on May 31, 2020, and for any subsequent tax years (SB492/HB40) was sent to the Senate Finance Revenue Subcommittee and was returned to the full committee with a negative recommendation. That bill has been referred to the House Finance, Ways & Means Subcommittee.

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 has 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 amended to just authorize local governments, airport authorities, and utility districts to regulate the use of tobacco and vapor products in buildings and on property leased by the entity. It has been deferred by the Senate State & Local Government Committee until March 19th, and is set for a hearing in the House Property & Planning Subcommittee on March 20th.

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 Committee 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 set for a hearing date in the Senate Commerce and Labor Committee of March 19th and has passed the House.

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) will be voted on in the House on March 21st. It is yet to be scheduled to be head in the Senate Judiciary Committee.

A bill which 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 (SB886/HB809) was amended to allow for two non-contiguous tracks of land within the same county, totaling at least 15 acres, including woodlands and wasteland separated only by a road, body of water, or public or private easement, to form as one farming unit to qualify as agriculture land. It has been sent to the Senate State & Local Government Committee to be heard on March 19th and to the House Finance, Ways, and Means Committee.

A bill which allows the reinstatement of a professional or occupational license 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/HB1218) failed in the House Business Subcommittee this week, and is scheduled to be heard in the Senate Commerce and Labor Committee on March 19th.

A bill that 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/HB229) has been set to be heard in Senate State & Local Government Committee on March 19th, and has been referred to the House Finance Committee.

SB1361/HB797 is a bill that, as amended, does much to decrease the barriers to entry to get into the auction profession by removing licenses and reducing education hours.  The bill will allow an auctioneer to sell motor vehicles in a business liquidation without a motor vehicle license and will allow court ordered sales to be online rather than having to take place on the location of the real property.  The bill also defines “timed listings” to clarify that an online auction which extends based on bidding activity is considered an auction under the law.  This is important because the same duty is owed to consumers and clients whether an auction is conducted online or in-person.  An auctioneer must know the same laws and act responsibly no matter which method they choose.  We want to give consumers an avenue for recourse through the auctioneer commission without having to hire an attorney if they are wronged through an online auction. That bill is set to go before the House Commerce Committee on March 19th and has been sent to the Senate Calendar Committee.

A bill that allows a tenant with a disability who requires the use of a service or support animal to request an exception to a landlord’s policy that prohibits pets or requires payment for pets on the premises (SB1393/HB1190) was deferred in the Senate Commerce & Labor Committee to March 26th, and is set for the House Commerce Committee for March 19th. The landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal if the disability is not apparent or the necessity of the service animal is not known. If there is misrepresentation or inaccurate documentation is submitted then the landlord may deny the request and the tenant could be in material noncompliance with the rental agreement. Broadly captioned.

A bill that makes it illegal for any lessor to lease, let, or rent a dwelling unit to an illegal alien, or allow an occupant who is an illegal alien to reside in a dwelling unit leased or rented by the lessor, knowing or in reckless disregard of the fact that the alien entered or remains in the United States illegally, requires lessor verify citizenship and lawful presence of prospective occupants and maintain verifying documents for at least one year following the occupant ceasing to rent, let or lease from the lessor, establishes punishment for offenses, specifies that the law applies only to contracts to let, lease, or rent dwelling units on or after the effective date of this act, requires law enforcement officers investigating violations of this law request federal verification on whether an occupant is an alien lawfully present in the United States, and prohibits law enforcement officers or agencies from making independent determinations of any occupant’s immigration status (SB1167/HB614), is set for the House Commerce Committee on March 19th and has been referred to the Senate Commerce and Labor Committee.

A bill that 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 (SB466/HB539) is set to be heard in the Senate Commerce & Labor Committee on March 19th, and in the House Consumer & Human Resources Committee on March 18th.

A bill that declares that a person operating a motor vehicle on the highway or any road in Tennessee cannot physically hold or support a wireless communication device or write, send, or read any text-based communication, with exemptions established to someone over the age of 18, prohibits someone operating a motor vehicle from watching a movie or video on a wireless telecommunication device or stand-alone electronic device and prohibits them from recording or broadcasting video on the devices established, and declares it a violation of a Class C misdemeanor subject to a fine not exceeding $50.00, with a $100 fee upon third offense, or a $200 fee if in a work zone with employees present, or a school zone when flashers are in operation (SB173/HB164) is set to go before the Senate Transportation & Safety Committee On March 20th  and the House Transportation Committee on March 19th.

A bill that clarifies that time-share transferring contracts are voidable by the purchaser for 10 days from the date of the signing of the contract, if the purchaser made an on-site inspection of a component site of the time-share project (SB263/HB230) has been set for a hearing in the Senate Commerce & Labor Committee on March 19th and the House Local Committee on March 20th.

A bill that requires a landlord to inspect a vacated residential property within 72 hours of when the last tenant vacated such property for abandoned animals left at the rental property, requires landlord to report any abandoned animals found on the vacated rental property to the county or municipal animal shelter, animal control agency or a similar agency, and specifies that it is a Class C misdemeanor offense for a landlord to fail to make the inspection or report (SB1080/HB997) has been referred to the Senate Commerce & Labor Committee and is scheduled to be heard in the House Criminal Justice Subcommittee on March 27th.

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

Calendar Report
Week of March 18, 2019

Mon 3/18/19 2:30pm – House Hearing Rm II, House Consumer & Human Resources Committee

MEMBERS: CHAIR C. Boyd (R); VICE CHAIR R. Bricken (R); D. Thompson  (D); M. Sparks (R); L. Russell (R); J. Holsclaw, Jr. (R); D. Hawk (R); B. Freeman (D); B. Cooper (D); J. Coley (R); M. Cochran (R)

2. HB539 Howell D. 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. Fiscal Note: (Dated February 21, 2019) NOT SIGNIFICANT
SB466 – K. Roberts – 03/14/19 – Set for Senate Commerce & Labor Committee 03/19/19.

Tue 3/19/19 9:00am – House Hearing Rm II, House Children & Families Subcommittee

HEADER: The subcommittee will hear a budget presentation from the TN Dept of Children’s Services.  MEMBERS: CHAIR M. Littleton (R); M. Curcio (R); J. Faison (R); C. Johnson (R); J. Potts (D); I. Rudder (R); R. Tillis (R)

3. HB676 Garrett J. ESTATES & TRUSTS: Tennessee Disclaimer of Property Interests Act. Enacts the “Tennessee Disclaimer of Property Interests Act,” which allows a person to disclaim, in whole or part, any interest in or power over property, including a power of appointment. Permits a person to disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. Allows a fiduciary to disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. Also allows a fiduciary to disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. Specifies requirements for disclaimer to be effective. Specifies other requirements regarding disclaimer of interest in property, disclaimer of rights of survivorship in jointly held property, disclaimer of interest by trustee, and other disclaimers. Also specifies when a disclaimer can be barred or limited. (22 pp.) Fiscal Note: (Dated March 8, 2019) Increase State Revenue Exceeds $1,000/Department of Financial Institutions Increase State Expenditures Exceeds $1,000/Department of Financial Institutions
SB699 – J. Stevens – 02/07/19 – Referred to Senate Judiciary Committee.

Tue 3/19/19 9:30am – Senate Hearing Rm I, Senate Finance Revenue Subcommittee

MEMBERS: CHAIR J. Hensley (R); VICE CHAIR T. Gardenhire (R); B. Gilmore (D); F. Haile (R); K. Yager (R)

5. SB1290 Pody M. TAXES BUSINESS: Exemptions from professional privilege tax. Exempts individuals from the professional privilege tax if they are exempt from the business tax on gross receipts from providing services for which they are licensed. Fiscal Note: (Dated March 5, 2019) Decrease State Revenue Net Impact $91,940,900/FY19-20 and Subsequent Years Decrease State Expenditures $974,400/FY19-20 and Subsequent Years Increase Local Revenue $456,300/FY19-20 and Subsequent Years
HB1053 – M. Hall – 03/06/19 – Taken off notice in House Finance, Ways & Means Subcommittee.
7. SB546 Reeves S. TAXES SALES: Disaster relief funds issued by department of revenue. Requires the commissioner of revenue to annually report the amount of disaster relief refunds issued by the department for the previous calendar year. Broadly captioned. Fiscal Note: (Dated February 27, 2019) NOT SIGNIFICANT
HB1301 – C. Baum – 02/11/19 – Caption bill held on House clerk’s desk.
10. SB1198 White D. TAXES BUSINESS: Passive investment income. Defines passive investment income as gross receipts derived from royalties, rents from residential, farm, or commercial property, dividends, interest, annuities, and sales or exchanges of stock or securities to the extent of any gains therefrom. Fiscal Note: (Dated March 10, 2019) NOT SIGNIFICANT
HB1080 – T. Rudd – 03/14/19 – Set for House Finance, Ways & Means Committee 03/19/19.
18. SB1456 Bailey P. TAXES BUSINESS: Payment of professional privilege tax by military service member. Increases the amount of time extended to a military or national guard service member who is subject to the professional privilege tax to pay the tax upon return from a combat deployment from 180 days to 210 days.
HB1386 – R. Williams – 02/11/19 – Caption bill held on House clerk’s desk.
25. SB992 Kelsey B. TAXES BUSINESS: Exemptions from professional privilege tax – judges and chancellors. Exempts judges and chancellors from the professional privilege tax assessed to persons licensed as attorneys. Fiscal Note: (Dated February 16, 2019) Decrease State Revenue Net Impact – $215,300/FY18-19 and Subsequent Years Increase Local Revenue – $3,100/FY18-19 and Subsequent Years
HB722 – J. Coley – 02/20/19 – House Finance Subcommittee placed behind the budget.
26. SB1044 Yarbro J. TAXES PROPERTY: Recordation tax on transfers to related entities. Exempts the transfer of real estate from real estate transfer tax when the transferor is a member, stock holder, or partner, the transferee is a limited liability company, corporation, or partnership, and the real estate so conveyed serves as a capital contribution to the business entity. Broadly captioned. Fiscal Note: (Dated February 26, 2019) Decrease State Revenue – $4,013,300 Decrease Local Revenue – $98,700
HB1397 – S. Kumar – 02/13/19 – Referred to House Finance, Ways & Means Subcommittee.
32. SB253 Kyle S. TAXES BUSINESS: Phases out professional privilege tax. Phases out the professional privilege tax over a four-year period for tax years that begin on and after June 1, 2019. Fiscal Note: (Dated January 31, 2019) Decrease State Revenue Net Impact $23,375,600/FY18-19 $46,751,300/FY19-20 $70,126,900/FY20-21 $93,502,500/FY21-22 and Subsequent Years Decrease State Expenditures $243,600/FY18-19 $487,200/FY19-20 $730,800/FY20-21 $974,400/FY21-22 and Subsequent Years Increase Local Revenue $116,000/FY18-19 $232,100/FY19-20 $348,100/FY20-21 $464,200/FY21-22 and Subsequent Years
HB246 – J. Clemmons – 02/20/19 – House Finance Subcommittee placed behind the budget.
35. SB988 Stevens J. PUBLIC FINANCE: Notification regarding estimate of board fees. Requires each board to notify the commissioner of finance and administration when the estimate of board fees for a fiscal year is more than the certified amount of board fees required by the board for that fiscal year. Fiscal Note: (Dated February 8, 2019) NOT SIGNIFICANT
HB1024 – S. Lynn – 02/11/19 – Caption bill held on House clerk’s desk.

Tue 3/19/19 10:30am – House Hearing Rm II, House State Committee

HEADER: The committee will hear a budget presentation by Commissioner Juan Williams with the Tennessee Department of Human Resources.   MEMBERS: CHAIR K. Keisling (R); VICE CHAIR R. Eldridge (R); C. Todd (R); R. Tillis (R); R. Staples (D); J. Shaw (D); B. Sanderson (R); B. Ramsey (R); J. Powell (D); H. Love Jr. (D); M. Littleton (R); J. Lafferty (R); B. Hulsey (R); G. Hicks (R); D. Hawk (R); C. Halford (R); A. Farmer (R); R. Bricken (R); B. Beck (D)

16. HB247 Tillis R. MISCELLANEOUS: Orders daylight savings time as the standard time of the state. Requires daylight savings time as the standard time of the state. Specifies the new time will go into effect on the first Sunday of November after the United States Congress repeals or amends current law to authorize states to observe daylight saving time year-round. Orders the commissioner of transportation to monitor and certify in writing to the executive secretary of the Tennessee code commission the date of the changed legislation. Fiscal Note: (Dated February 7, 2019) NOT SIGNIFICANT
SB1100 – S. Dickerson – 03/14/19 – Set for Senate State & Local Government Committee 03/19/19.

Tue 3/19/19 10:30am – House Hearing Rm III, House Transportation Committee

HEADER: The committee will have budget hearings by the Department of Safety and the TN Dept of Transportation.   MEMBERS: CHAIR D. Howell (R); VICE CHAIR B. Griffey (R); J. Towns Jr. (D); B. Dunn (R); S. Whitson (R); T. Weaver (R); L. Russell (R); J. Potts (D); L. Lamar (D); G. Hardaway (D); M. Daniel (R); D. Carr (R)

9. HB164 Holsclaw, Jr. J. CRIMINAL LAW: Driving laws related to mobile phone use. Expands the current offense of driving while using a handheld mobile phone as Class C misdemeanor to include any road, highway, or street, opposed to only in marked school zones as it currently stands. Establishes all drivers under 18 years of age using a hands-free device while the car is in motion will fall under this offense. Amendment Summary: House Safety & Funding Subcommittee amendment 1 (005336) defines stand-alone device,” utility service,” and wireless telecommunications device as used in this section. Declares that a person operating a motor vehicle on the highway or any road in Tennessee cannot physically hold or support a wireless communication device or write, send, or read any text-based communication, with exemptions established to someone over the age of 18. Prohibits someone operating a motor vehicle from watching a movie or video on a wireless telecommunication device or stand-alone electronic device and prohibits them from recording or broadcasting video on the devices established. Declares it a violation of a Class C misdemeanor subject to a fine not exceeding $50.00, with a $100 fee upon third offense, or a $200 fee if in a work zone with employees present, or a school zone when flashers are in operation. Any violation of these fees is subject to the imposition of court costs not to exceed $10.00. Establishes that a first offense may attend a driver education course in lieu of the fee and that each violation is a separate offense. Establishes which occupations are exempt from this bill. Directs the department of transportation to utilize the department s permanent electronic overhead displays to advertise messages of the matter and for the department of safety to include distracted driving in driver education training. Fiscal Note: (Dated March 8, 2019) Increase State Revenue Exceeds $262,400/FY19-20 Exceeds $524,700/FY20-21 Up to $262,400/FY21-22 and Subsequent Years Increase Local Revenue Exceeds $31,100/FY19-20 Exceeds $62,100/FY20-21 Up to $31,100/FY21-22 and Subsequent Years
SB173 – A. Swann – 03/14/19 – Set for Senate Transportation & Safety Committee 03/20/19.

Tue 3/19/19 10:30am – Senate Hearing Rm I, Senate State & Local Government Committee

HEADER: The committee will have budget hearings by the Veterans Services and TACIR.  MEMBERS: CHAIR S. Dickerson (R); VICE CHAIR R. Briggs (R); 2ND VICE CHAIR T. Gardenhire (R); E. Jackson (R); B. Kelsey (R); S. Reeves (R); D. White (R); K. Yager (R); J. Yarbro (D)

6. SB712 Stevens 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. Fiscal Note: (Dated February 16, 2019) NOT SIGNIFICANT
HB1112 – J. Powell – 03/14/19 – House passed.
10. SB886 Niceley F. 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. Amendment Summary: House Agriculture and Natural Resources Subcommittee amendment 1 (004587) allows for two non-contiguous tracks of land within the same county, totaling at least 15 acres, including woodlands and wasteland separated only by a road, body of water, or public or private easement, to form as one farming unit to qualify as agriculture land.  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.
HB809 – S. Kumar – 03/06/19 – House Agriculture & Natural Resources Committee recommended with amendment 1 (004587). Sent to House Finance.
25. SB176 Gilmore B. TAXES PROPERTY: Affordable Rental Property Act. Requires THDA to create an annual report researching the availability of affordable housing in each county. Requires THDA to work with the state board of equalization to create an application for those searching in counties with scarce affordable housing, establishing what is affordable property, along with creating a means of addressing the economic impact upon the owner.
HB201 – D. Jernigan – 02/01/19 – Referred to House Property & Planning Subcommittee.
33. SB1190 White 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. Fiscal Note: (Dated February 17, 2019) Increase State Revenue $2,800/FY22-23 and Every Three Years Thereafter/State Fire Marshal $100/FY23-24 and Every Three Years Thereafter/State Fire Marshal $100/FY24-25 and Every Three Years Thereafter/State Fire Marshal
HB295 – D. Carr – 03/14/19 – Set for House Floor for 03/18/19.
36. SB249 Jackson E. 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. Fiscal Note: (Dated February 22, 2019) Decrease State Revenue $776,100/FY19-20 $2,988,000/FY20-21 $5,989,500/FY21-22 $7,786,400/FY22-23 and Subsequent Years Increase Local Revenue $776,100/FY19-20 $2,988,000/FY20-21 $5,989,500/FY21-22 $7,786,400/FY22-23 and Subsequent Years
HB229 – R. Bricken – 03/06/19 – House Local Committee recommended. Sent to House Finance.
46. SB196 Kelsey B. 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. Amendment Summary:  House Business Subcommittee amendment 1 (005450) removes language defining “carefully tailored” and “demonstrably necessary,” adds language defining “entry regulation,” and “license,” “licensee,” and “licensing authority.” Requires licensing boards to provide reasons for entry rules and regulations upfront and permits. Permits affected persons to petition licensing authorities to repeal or modify an entry regulation. Creates a cause of action for those challenging entry regulations and places the burden of proof on the licensing agency to prove that the entry requirements fulfill a legitimate public health or safety objective. Clarifies that the persons should not be subject to a local restriction by a local governmental entity if it fails to fulfill a legitimate public health or safety objective that cannot be effectively served by restrictions that allow greater private participation. Permits a person to likewise petition a local government entity, and places the burden of proof on the party defending the license. 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.
HB261 – M. Daniel – 03/14/19 – Set for House Commerce Committee 03/19/19.
49. SB717 Gardenhire T. GOVERNMENT REGULATION: Good Neighbor Compact. Enacts reciprocal bans on states that have issued bans on states state-sponsored travel to member states of this Compact, excepting travel for the purpose of economic development and job recruitment. Becomes effective and binding on the earlier date of legislative enactment of this Compact into law by at least 26 states or December 31, 2019. Fiscal Note: (Dated March 6, 2019) NOT SIGNIFICANT
HB863 – T. Rudd – 03/13/19 – Taken off notice in House Employee Affairs Subcommittee.
50. SB355 Gardenhire T. PROPERTY & HOUSING: Revises requirements on brownfield redevelopment projects. Makes the urban brownfield redevelopment project statute applicable to “mid-size and small counties” rather than “large and mid-size counties.” Under present law, an urban brownfield redevelopment project must occur on a parcel or parcels of land located in a redevelopment zone and must either contain at least one brownfield site or contain a site of at least 10 acres that has remained vacant or substantially unoccupied for at least five years and, at any time within 20 years prior to June 1, 2011, included a manufacturing, industrial, distribution, or retail facility containing at least 1 million square feet. Allows the total amount of manufacturing, industrial, distribution, or retail facility space to be used to meet the 1 million square feet threshold. A redevelopment zone must be located in a county with a population of 80,000, or more. Adds that a redevelopment zone must also be located in a county having a population of 336,400, or less. Adds that an industrial development corporation must cease to receive allocations of sales and property tax revenue upon the maturity of the original bond or obligation used to finance the project, whose maximum amount of debt maturity must be no longer than 30 years. Fiscal Note: (Dated February 17, 2019) Other Fiscal Impact Due to multiple unknown variables, a precise impact to local government revenue cannot reasonably be determined.
HB327 – D. Howell – 03/14/19 – Set for House Property & Planning Subcommittee 03/20/19.
51. SB366 Gardenhire T. COMMERCIAL LAW: Extends deadline for lessees of certain corporations to file reports listing leased properties. Extends the deadline to December 1 each year for a lessee or sublessee of a health, educational, and housing facility corporation to file a report listing leased properties and details of the lease and payment in lieu of tax (PILOT) agreements. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
HB425 – Y. Hakeem – 03/14/19 – Set for House Finance, Ways & Means Subcommittee 03/20/19.
55. SB393 Dickerson S. TAXES PROPERTY: Collection of property taxes by banks – evidence of payments provided to trustee. Changes the frequency that banks that collect property taxes must provide evidence of such payments to the trustee from daily to at least every three business days. Deletes outdated references to penalties that are no longer applied and deletes and obsolete code section. Fiscal Note: (Dated January 24, 2019) NOT SIGNIFICANT
HB51 – S. Whitson – 02/25/19 – House passed.
60. SB1100 Dickerson S. MISCELLANEOUS: Orders daylight savings time as the standard time of the state. Requires daylight savings time as the standard time of the state. Specifies the new time will go into effect on the first Sunday of November after the United States Congress repeals or amends current law to authorize states to observe daylight saving time year-round. Orders the commissioner of transportation to monitor and certify in writing to the executive secretary of the Tennessee code commission the date of the changed legislation. Fiscal Note: (Dated February 7, 2019) NOT SIGNIFICANT
HB247 – R. Tillis – 03/14/19 – Set for House State Committee 03/19/19.

Tue 3/19/19 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)

13. HB845 Todd C. ENVIRONMENT & NATURE: Regulatory oversight regarding effluents when federal government lacks funds. Requires state assume regulatory oversight over effluents during periods when the federal government lacks adequate funds to exercise such responsibilities.
SB811 – E. Jackson – 02/07/19 – Referred to Senate Energy, Agriculture & Natural Resources Committee.

Tue 3/19/19 12:00pm – House Hearing Rm I, House Insurance Committee

MEMBERS: CHAIR R. Travis (R); VICE CHAIR M. Hall (R); J. Zachary (R); D. Thompson  (D); B. Terry (R); R. Smith (R); M. Sparks (R); C. Sexton (R); T. Rudd (R); D. Powers (R); L. Miller (D); J. Lafferty (R); D. Jernigan (D); J. Hodges (D); T. Hill (R); M. Hill (R); J. Garrett (R); R. Gant (R); S. Cepicky (R)

4. 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. Amendment Summary: House Property & Casualty Subcommittee amendment 1 (005519) clarifies that an unlicensed person who is neither employed by nor affiliated with the licensed insurance provider may be compensated only if the compensation is a fixed dollar amount under $25. Fiscal Note: (Dated February 19, 2019) NOT SIGNIFICANT
SB1299 – M. Pody – 02/13/19 – Referred to Senate Commerce & Labor Committee.

Tue 3/19/19 12:00pm – House Hearing Rm III, House Safety & Funding Subcommittee

MEMBERS: CHAIR T. Weaver (R); D. Carr (R); D. Howell (R); L. Lamar (D); J. Potts (D); L. Russell (R)

7. HB1361 Calfee K. PROPERTY & HOUSING: Authority to impose a monitoring inspection fee on each manufactured home. Removes the authority to impose a monitoring inspection fee on each manufactured home produced in Tennessee from the commissioner of commerce and insurance. Fiscal Note: (Dated February 20, 2019) Decrease State Revenue – $633,400/Manufactured Housing Fund
SB376 – A. Swann – 02/06/19 – Referred to Senate Commerce & Labor Committee.

Tue 3/19/19 1:00pm – Senate Hearing Rm I, Senate Commerce & Labor Committee

HEADER: The committee will have a budget hearing by the TN Dept of Labor & Workforce Development.  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)

4. SB263 Niceley F. PROPERTY & HOUSING: Clarification of time-share transfer contracts. Clarifies that time-share transferring contracts are voidable by the purchaser for 10 days from the date of the signing of the contract, if the purchaser made an on-site inspection of a component site of the time-share project. Fiscal Note: (Dated February 5, 2019) NOT SIGNIFICANT
HB230 – J. Crawford – 03/14/19 – Set for House Local Committee 03/20/19.
5. SB384 Lundberg J. PROFESSIONS & LICENSURE: Exempts armed forces members and their spouses from licensure requirements. Exempts armed forces members stationed within this state and their spouses from licensure requirements to practice professions and occupations regulated by the department of commerce and insurance and the department of health, subject to meeting certain requirements to practice. Amendment Summary: House Business Subcommittee amendment 1 (004867) requires a person who holds a valid license that practices an occupation or profession in another state to apply for renewal of the license either prior to its expiration in the other state or within one year of the date the person began practicing in this state, whichever occurs first. Requires the emergency medical board, the commissioner, and each health-related board upon application for certification to accept military education, training, or experience completed by a person toward qualifications to receive a license if substantially equivalent to the standards of this state. Fiscal Note: (Dated February 28, 2019) Decrease State Revenue Exceeds $1,000/Health Regulatory Boards Exceeds $1,000/Commerce Regulatory Boards
HB304 – R. Bricken – 03/14/19 – Set for House Commerce Committee 03/19/19.
6. 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. Fiscal Note: (Dated February 21, 2019) NOT SIGNIFICANT
HB539 – D. Howell – 03/14/19 – Set for House Consumer & Human Resources Committee 03/18/19.
9. SB937 Yarbro 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. Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT
HB1219 – J. Potts – 02/26/19 – Taken off notice in House Business Subcommittee.
10. SB941 Yarbro J. GOVERNMENT ORGANIZATION: Establishes the office of apprenticeship and work-study programs. Establishes the office of apprenticeship and work-study programs within the department of economic and community development. Requires the commissioner to appoint a director of the office, in consultation with THEC, the Tennessee board of regents, the department of education, and the department of labor. Requires the office to promote federally certified apprenticeship and work-study programs to assist industries that have needs for such programs and to establish industry consortiums in which the apprenticeship and work-study programs are organized by industry and where companies can participate to best meet their individual needs. Provides a tax credit to entities that participate in the programs. Reinstates certain apprenticeship programs for certain professional boards and commissions.
HB859 – D. Thompson – 03/12/19 – House Business Subcommittee deferred to the first calendar of 2020.
12. SB999 Yarbro J. PROFESSIONS & LICENSURE: Reinstatement of professional and occupational licenses under certain circumstances. Allows the reinstatement of a professional or occupational license 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. Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT
HB1218 – J. Potts – 02/26/19 – Failed in House Business Subcommittee due to lack of second.
13. SB1172 Swann A. 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 amendment 1 (004202) deletes all language after the enacting clause. Removes the ability of a real property owner who prevails in an action challenging the validity of a lien to recover certain damages Fiscal Note: (Dated February 14, 2019) NOT SIGNIFICANT
HB757 – P. Marsh – 03/07/19 – House passed with amendment 1 (004202).
15. SB1336 Southerland S. 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. Amendment Summary: House Business Subcommittee amendment 1 (004512) changes continuing education licensing requirements to apply only to residential construction contractors. House Commerce Committee 1 (004866) defines the category of licensed contractors, per the bill, as commercial building construction, industrial construction, heavy construction, highway, railroad and airport construction, municipal and utility construction, mechanical construction, electrical construction, environmental and special construction, and residential construction. Fiscal Note: (Dated February 23, 2019) NOT SIGNIFICANT
HB1064 – K. Vaughan – 03/05/19 – House Commerce Committee recommended with amendment 1 (004866). Sent to House Calendar & Rules.

Tue 3/19/19 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)

1. 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. Fiscal Note: (Dated February 24, 2019) NOT SIGNIFICANT
SB571 – J. Bowling – 02/07/19 – Referred to Senate Commerce & Labor Committee.
2. HB304 Bricken R. PROFESSIONS & LICENSURE: Exempts armed forces members and their spouses from licensure requirements. Exempts armed forces members stationed within this state and their spouses from licensure requirements to practice professions and occupations regulated by the department of commerce and insurance and the department of health, subject to meeting certain requirements to practice. Amendment Summary: House Business Subcommittee amendment 1 (004867) requires a person who holds a valid license that practices an occupation or profession in another state to apply for renewal of the license either prior to its expiration in the other state or within one year of the date the person began practicing in this state, whichever occurs first. Requires the emergency medical board, the commissioner, and each health-related board upon application for certification to accept military education, training, or experience completed by a person toward qualifications to receive a license if substantially equivalent to the standards of this state. Fiscal Note: (Dated February 28, 2019) Decrease State Revenue Exceeds $1,000/Health Regulatory Boards Exceeds $1,000/Commerce Regulatory Boards
SB384 – J. Lundberg – 03/14/19 – Set for Senate Commerce & Labor Committee 03/19/19.
8. HB1190 Terry B. PROPERTY & HOUSING: Makes exceptions for tenants with service animals. Allows a tenant with a disability who requires the use of a service or support animal to request an exception to a landlord’s policy that prohibits pets or requires payment for pets on the premises. The landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal if the disability is not apparent or the necessity of the service animal is not known. If there is misrepresentation or inaccurate documentation is submitted then the landlord may deny the request and the tenant could be in material noncompliance with the rental agreement. Broadly captioned. Fiscal Note: (Dated March 6, 2019) NOT SIGNIFICANT
SB1393 – M. Bell – 03/12/19 – Senate Commerce & Labor Committee deferred to 03/26/19.
10. HB1073 Sanderson B. PROPERTY & HOUSING: Lien enforcement under the Tennessee Self-Service Storage Facility Act. Revises provisions governing notice for lien enforcement under the Tennessee Self-Service Storage Facility Act. Requires owner to advertise sale of personal property in a commercially reasonable manner after expiration of the time stated in the notice and if the personal property has not otherwise been disposed of. Specifies that the manner of advertisement is deemed commercially reasonable if not less than three potential bidders participate in the sale at the time and place advertised. Specifies that the advertisement of sale may include, but not be limited to, the publishing one time before the date of the sale of the personal property in a newspaper of general circulation that serves the area where the self-storage facility is located. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
SB543 – T. Gardenhire – 02/07/19 – Referred to Senate Judiciary Committee.
11. 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. Amendment Summary:  House Business Subcommittee amendment 1 (005450) removes language defining “carefully tailored” and “demonstrably necessary,” adds language defining “entry regulation,” and “license,” “licensee,” and “licensing authority.” Requires licensing boards to provide reasons for entry rules and regulations upfront and permits. Permits affected persons to petition licensing authorities to repeal or modify an entry regulation. Creates a cause of action for those challenging entry regulations and places the burden of proof on the licensing agency to prove that the entry requirements fulfill a legitimate public health or safety objective. Clarifies that the persons should not be subject to a local restriction by a local governmental entity if it fails to fulfill a legitimate public health or safety objective that cannot be effectively served by restrictions that allow greater private participation. Permits a person to likewise petition a local government entity, and places the burden of proof on the party defending the license. 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 – 03/14/19 – Set for Senate State & Local Government Committee 03/19/19.
12. HB797 Vaughan K. PROFESSIONS & LICENSURE: Requires posting of auctioneers whose licenses have been suspended or revoked due to fraud. Requires the auctioneer commission post the names of persons whose licenses have been suspended, revoked, or not renewed as a result of fraud and other violations. Amendment Summary: House Business Subcommittee amendment 1 (004966) includes auctions on internet-based bidding platforms, in-person, on-site, or off-site auctions and other auction methods so long as they are open for participation by the public at large in the definition of “public sale.” Creates an exception for motor vehicle dealers license requirements of motor vehicles sold incidentally at going-out-of-business auctions under certain circumstances. Updates and revises various auction-related terminology, substitutes the term “apprentice” with “affiliate auctioneer,” meaning an individual who is employed by a principal auctioneer for the purposes of auction activities. Specifies that bid caller auctioneer license applicants may complete their auction instruction online at an auction school and that auction chant instruction is optional, and may not be completed online. Revises requirements for applications as an affiliate auctioneer and a principal auctioneer. Requires auctioneers licensed under this maintain a place of business in this state. Makes technical corrections. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
SB1361 – K. Yager – 03/12/19 – Senate Commerce & Labor Committee recommended with amendment 1 (004966). Sent to Senate Finance.
13. HB614 Griffey B. PROPERTY & HOUSING: Requires landlords provide email addresses. Requires a landlord to provide certain local governmental agencies responsible for enforcing building codes the landlord’s email address, in addition to name, telephone number, and physical address. Amendment Summary: House Business Subcommittee amendment 1 (004989) makes it illegal for any lessor to lease, let, or rent a dwelling unit to an illegal alien, or allow an occupant who is an illegal alien to reside in a dwelling unit leased or rented by the lessor, knowing or in reckless disregard of the fact that the alien entered or remains in the United States illegally. Requires lessor verify citizenship and lawful presence of prospective occupants and maintain verifying documents for at least one year following the occupant ceasing to rent, let or lease from the lessor. Establishes punishment for offenses. Specifies that the law applies only to contracts to let, lease, or rent dwelling units on or after the effective date of this act. Requires law enforcement officers investigating violations of this law request federal verification on whether an occupant is an alien lawfully present in the United States. Prohibits law enforcement officers or agencies from making independent determinations of any occupant’s immigration status. Fiscal Note: (Dated February 12, 2019) NOT SIGNIFICANT
SB1167 – J. Hensley – 02/11/19 – Referred to Senate Commerce & Labor Committee.
15. 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. Amendment Summary: Defines “Subcontractor”. Establishes requirements of notices to owners from all lienors, expect laborers, and subcontractors of a remote contractor or materialman. Declares that a written contract between a prime contractor and a remote contractor cannot include a condition precedent for payment clause stating the prime contractor is not obligated to pay the remote contractor for performing in accordance with the contract unless the prime contractor is paid by the owner, with exceptions established. Declares upon an owner’s default or refusal to pay, the right to recovery is limited to the contractor’s expenses incurred under contract, that if an owner doesn’t pay a prime contractor within seven days, the prime contractor can stop work upon seven days of written notice, and if an owner doesn’t pay a remote contractor within 15 days, the remote contractor can stop work upon 15 days of written notice. Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT
SB324 – J. Johnson – 02/04/19 – Referred to Senate Commerce & Labor Committee.

Tue 3/19/19 3:00pm – House Hearing Rm I, House Finance, Ways & Means Committee

HEADER: The committee will have budget hearings from the following: 1) Commissioner Brad Turner with the Department of Intellectual and Developmental Disabilities from 3:00 pm – 4:00 pm. 2) Commissioner Jeff McCord with the Department of Labor and Workforce Development from 4:00 pm – 5:00 pm. 3) Commissioner David Gerregano with the Department of Revenue from 5:00 pm – 5:40 pm.   MEMBERS: CHAIR S. Lynn (R); VICE CHAIR P. Hazlewood (R); R. Tillis (R); W. Lamberth (R); B. Ogles (R); J. Reedy (R); C. Sexton (R); J. Shaw (D); R. Staples (D); J. Windle (D); J. Zachary (R); S. Kumar (R); A. Holt (R); C. Baum (R); K. Camper (D); J. Crawford (R); J. Deberry Jr. (D); R. Gant (R); G. Hicks (R); M. Hill (R)

3. HB1080 Rudd T. TAXES BUSINESS: Passive investment income. Defines passive investment income as gross receipts derived from royalties, rents from residential, farm, or commercial property, dividends, interest, annuities, and sales or exchanges of stock or securities to the extent of any gains therefrom. Fiscal Note: (Dated March 10, 2019) NOT SIGNIFICANT
SB1198 – D. White – 03/14/19 – Set for Senate Finance Revenue Subcommittee 03/19/19.

Tue 3/19/19 3:00pm – Senate Hearing Rm I, Senate Judiciary Committee

HEADER: The committee will have budget hearings by the TN Attorney General and Reporter and the TN Administrative Office of the Courts.  MEMBERS: CHAIR M. Bell (R); VICE CHAIR J. Lundberg (R); 2ND VICE CHAIR D. White (R); J. Bowling (R); T. Gardenhire (R); S. Kyle (D); K. Roberts (R); K. Robinson (D); J. Stevens (R)

12. SB399 Stevens J. PROPERTY & HOUSING: Increasing of homestead exemption. Creates a homestead exemption for agricultural land, increases aggregate value of real property homestead exemptions while establishing that, in 3-year intervals, the fiscal review committee will recommend to the general assembly increases in the homestead exemption. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
HB236 – J. Zachary – 03/14/19 – Set for House Civil Justice Subcommittee 03/19/19.

Tue 3/19/19 4:30pm – House Hearing Rm II, House Civil Justice Subcommittee

MEMBERS: CHAIR M. Carter (R); B. Beck (D); M. Curcio (R); M. Daniel (R); J. Garrett (R); D. Howell (R); J. Towns Jr. (D)

3. HB236 Zachary J. PROPERTY & HOUSING: Increasing of homestead exemption. Creates a homestead exemption for agricultural land, increases aggregate value of real property homestead exemptions while establishing that, in 3-year intervals, the fiscal review committee will recommend to the general assembly increases in the homestead exemption. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
SB399 – J. Stevens – 03/14/19 – Set for Senate Judiciary Committee 03/19/19.

Wed 3/20/19 10:00am – Senate Hearing Rm I, Senate Transportation & Safety Committee

HEADER: The committee will have a budget hearing by the TN Dept of Safety.  MEMBERS: CHAIR B. Massey (R); VICE CHAIR M. Pody (R); 2ND VICE CHAIR F. Niceley (R); P. Bailey (R); J. Bowling (R); R. Briggs (R); B. Gilmore (D); J. Stevens (R); A. Swann (R)

3. SB173 Swann A. CRIMINAL LAW: Driving laws related to mobile phone use. Expands the current offense of driving while using a handheld mobile phone as Class C misdemeanor to include any road, highway, or street, opposed to only in marked school zones as it currently stands. Establishes all drivers under 18 years of age using a hands-free device while the car is in motion will fall under this offense. Amendment Summary: House Safety & Funding Subcommittee amendment 1 (005336) defines stand-alone device,” utility service,” and wireless telecommunications device as used in this section. Declares that a person operating a motor vehicle on the highway or any road in Tennessee cannot physically hold or support a wireless communication device or write, send, or read any text-based communication, with exemptions established to someone over the age of 18. Prohibits someone operating a motor vehicle from watching a movie or video on a wireless telecommunication device or stand-alone electronic device and prohibits them from recording or broadcasting video on the devices established. Declares it a violation of a Class C misdemeanor subject to a fine not exceeding $50.00, with a $100 fee upon third offense, or a $200 fee if in a work zone with employees present, or a school zone when flashers are in operation. Any violation of these fees is subject to the imposition of court costs not to exceed $10.00. Establishes that a first offense may attend a driver education course in lieu of the fee and that each violation is a separate offense. Establishes which occupations are exempt from this bill. Directs the department of transportation to utilize the department s permanent electronic overhead displays to advertise messages of the matter and for the department of safety to include distracted driving in driver education training. Fiscal Note: (Dated March 8, 2019) Increase State Revenue Exceeds $262,400/FY19-20 Exceeds $524,700/FY20-21 Up to $262,400/FY21-22 and Subsequent Years Increase Local Revenue Exceeds $31,100/FY19-20 Exceeds $62,100/FY20-21 Up to $31,100/FY21-22 and Subsequent Years
HB164 – J. Holsclaw, Jr. – 03/14/19 – Set for House Transportation Committee 03/19/19.

Wed 3/20/19 11:00am – House Hearing Rm III, House Finance, Ways & Means Subcommittee

HEADER: HB947 was added to the calendar by suspension of the rules on the House Floor on 03/14/19.  MEMBERS: CHAIR A. Holt (R); J. Deberry Jr. (D); P. Hazlewood (R); G. Hicks (R); M. Hill (R); S. Lynn (R); B. Ogles (R); C. Sexton (R); J. Shaw (D)

6. HB1467 Daniel M. GOVERNMENT REGULATION: UAPA – effects administrative rules and regulations have on small businesses. Requires an agency to submit an estimate to the members of the government operations committees of the senate and the house of representatives prior to filing a rule or regulation with the secretary of state. Orders the estimate to include implementation costs incurred by all small businesses over three years, number of small businesses affected by the regulation, reasoning upon which the estimate is based and all information used in determining the estimate. Prohibits the agency from promulgating a regulation that will cost equal to or greater than $3,000,000, unless there is authorizing legislation or a germane modification to reduce costs below the $3,000,000 threshold. Does not apply to institutions of higher education, emergency rules, or regulations required by federal mandate. Amendment Summary: House Government Operations amendment 1 (005092) establishes that an agency must submit an estimate to the fiscal review committee between 60 and 90 days of filing a rule or regulation with the secretary of state, with the review from the fiscal review staff for accuracy. Declares that the fiscal review staff must review the estimate for accuracy, where after confirmation or modification, the executive director of the fiscal review committee will submit the estimate to the members of the government operations committees of the house and senate.  Fiscal Note: (Dated February 16, 2019) Other Fiscal Impact Due to the uncertain complexity of the additional responsibilities and the extent to which certain agencies will be impacted, there may be additional state expenditures incurred in order to comply. Future interpretation or expansion of what is requested of agencies may result in the need to contract for services.
SB1329 – B. Watson – 02/11/19 – Referred to Senate Government Operations Committee.
13. HB425 Hakeem Y. COMMERCIAL LAW: Extends deadline for lessees of certain corporations to file reports listing leased properties. Extends the deadline to December 1 each year for a lessee or sublessee of a health, educational, and housing facility corporation to file a report listing leased properties and details of the lease and payment in lieu of tax (PILOT) agreements. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
SB366 – T. Gardenhire – 03/14/19 – Set for Senate State & Local Government Committee 03/19/19.

Wed 3/20/19 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. HB1269 Holt A. TAXES PROPERTY: Ad valorem tax on mineral interests in real property. Revises provisions related to the ad valorem tax on mineral interests in real property. Broadly captioned.
SB708 – J. Stevens – 02/07/19 – Referred to Senate State & Local Government Committee.
2. HB1089 Whitson S. LOCAL GOVERNMENT: Property owners of proposed annexed territories can vote in the annexation referendum. Specifies that all property owners, rather than just residents, of a territory proposed for annexation may vote in the annexation referendum. Fiscal Note: (Dated March 6, 2019) NOT SIGNIFICANT
SB557 – J. Johnson – 03/12/19 – Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee.
4. HB1290 Farmer A. PROPERTY & HOUSING: Public viewing of solar easement instruments. Requires the department of environment and conservation to make the sample solar easement instrument accessible to the public through their website. Broadly captioned. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
SB1429 – P. Bailey – 02/20/19 – Referred to Senate Commerce & Labor Committee.
5. HB327 Howell D. PROPERTY & HOUSING: Revises requirements on brownfield redevelopment projects. Makes the urban brownfield redevelopment project statute applicable to “mid-size and small counties” rather than “large and mid-size counties.” Under present law, an urban brownfield redevelopment project must occur on a parcel or parcels of land located in a redevelopment zone and must either contain at least one brownfield site or contain a site of at least 10 acres that has remained vacant or substantially unoccupied for at least five years and, at any time within 20 years prior to June 1, 2011, included a manufacturing, industrial, distribution, or retail facility containing at least 1 million square feet. Allows the total amount of manufacturing, industrial, distribution, or retail facility space to be used to meet the 1 million square feet threshold. A redevelopment zone must be located in a county with a population of 80,000, or more. Adds that a redevelopment zone must also be located in a county having a population of 336,400, or less. Adds that an industrial development corporation must cease to receive allocations of sales and property tax revenue upon the maturity of the original bond or obligation used to finance the project, whose maximum amount of debt maturity must be no longer than 30 years. Fiscal Note: (Dated February 17, 2019) Other Fiscal Impact Due to multiple unknown variables, a precise impact to local government revenue cannot reasonably be determined.
SB355 – T. Gardenhire – 03/14/19 – Set for Senate State & Local Government Committee 03/19/19.
8. HB85 Hicks G. TAXES PROPERTY: Time-share and vacation club property. Classifies time-share and vacation club property that includes an interest in real property as residential property.
SB437 – M. Bell – 02/06/19 – Referred to Senate State & Local Government Committee.
10. HB418 Marsh P. PROPERTY & HOUSING: Revises zoning notification regarding private property. Requires a zoning amendment affecting one or more parcels of private property to only take effect if there is written consent from each owner. Orders the governing body of a county to provide written notice 30 days before any public hearing to each individual property owner whose property is the subject of a proposed amendment to the zoning ordinance that changes the designation of the zoning district unless the owner already has knowledge of it.
SB521 – F. Niceley – 02/07/19 – Referred to Senate State & Local Government Committee.
11. HB1356 Calfee K. TAXES PROPERTY: Tax relief for certain disaster claimants. Requires any owner who filed a claim against the Tennessee Valley Authority (TVA) for the coal ash spill occurring between December 1, 2008 and January 1, 2009 to not be subject to the typical penalty or interest of delinquent taxes on property. Orders instead that only interest from the delinquency date of the respective tax year at the composite prime rate published by the federal reserve board, minus two points will be implemented.
SB1365 – K. Yager – 02/11/19 – Referred to Senate State & Local Government Committee.
12. HB817 Helton E. TAXES PROPERTY: Time in which a county board of equalization must complete its assessment reviews. Deletes reference to a repealed provision to clarify the time in which a county board of equalization must complete its assessment reviews. Broadly captioned. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
SB1184 – D. White – 02/11/19 – Referred to Senate State & Local Government Committee.
14. HB1493 Thompson  D. CEMETERY & FUNERAL SERVICES: Access to private cemeteries. Requires owners of private property on which a gravesite or crypt containing human remains is located to allow access to such site by certain persons. Prohibits the erection of a barrier to access of such site. Creates right of action if access is denied. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
SB1396 – M. Bell – 02/11/19 – Referred to Senate Judiciary Committee.

Wed 3/20/19 2:00pm – House Hearing Rm III, House Agriculture & Natural Resources Committee

MEMBERS: CHAIR C. Halford (R); VICE CHAIR C. Todd (R); M. Stewart (D); J. Reedy (R); D. Moody (R); P. Marsh (R); K. Keisling (R); B. Hulsey (R); A. Holt (R); J. Clemmons (D); J. Chism (D)

6. 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. Amendment Summary: Senate Energy, Agriculture & Natural Resources Committee, House Agriculture & Natural Resources Subcommittee amendment 1 (005598) removes requirements for analysis for alternative siding options for Federal, State and Local highways and bridge projects under AARP rules, but must include other measures to avoid and minimize impacts to resource values. Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT
SB916 – S. Southerland – 03/13/19 – Senate Energy, Agriculture & Natural Resources Committee recommended with amendment 1 (005598). Sent to Senate Calendar Committee.

Wed 3/20/19 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)

2. HB404 Hurt C. TAXES PROPERTY: Assessing authority for telecommunications tower properties. Specifies that the comptroller of the treasury is the assessing authority for telecommunications tower properties that are owned by a public utility company. Fiscal Note: (Dated February 27, 2019) NOT SIGNIFICANT
SB407 – J. Stevens – 03/12/19 – Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee.
3. HB543 White M. TAXES PROPERTY: Requirement of notice from the delinquent tax attorney relative to property tax. Requires the delinquent tax attorney to pose a copy of the proceeding and send a copy by first-class mail addressed to occupant at the last known municipal address of the parcel. Declares that all notices to all owners and interested parties must be detailed by the delinquent tax attorney. Fiscal Note: (Dated March 9, 2019) Other Fiscal Impact A precise fiscal impact to local government revenue cannot reasonably be determined due to multiple unknown factors.
SB321 – E. Jackson – 02/04/19 – Referred to Senate State & Local Government Committee.
8. HB230 Crawford J. PROPERTY & HOUSING: Clarification of time-share transfer contracts. Clarifies that time-share transferring contracts are voidable by the purchaser for 10 days from the date of the signing of the contract, if the purchaser made an on-site inspection of a component site of the time-share project. Fiscal Note: (Dated February 5, 2019) NOT SIGNIFICANT
SB263 – F. Niceley – 03/14/19 – Set for Senate Commerce & Labor Committee 03/19/19.

Wed 3/20/19 3:30pm – House Hearing Rm III, House Department & Agencies Subcommittee

MEMBERS: CHAIR B. Sanderson (R); B. Beck (D); C. Halford (R); K. Keisling (R); M. Littleton (R); R. Staples (D); R. Tillis (R)

10. HB252 Freeman B. GOVERNMENT REGULATION: Requires accommodations for dyslexic applicants for certain licenses. Requires reasonable accommodations to be made for a person applying for a license to engage in an occupation, trade, or profession who is diagnosed with dyslexia. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
SB759 – J. Yarbro – 03/12/19 – Senate State & Local Government Committee deferred to 03/19/19.

 

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