Update/Memo

With only a few weeks left in the session, both Chambers are rushing to get through the still-large slate of bills and resolutions remaining on the legislative agenda. In an effort to begin finalizing business for the year, the House has suspended certain parliamentary rules and procedures. In that push, the General Assembly has voted on several high-profile bills, including a bill that reorganizes the charter school authority of the state, which has been passed in both houses—although two different versions were passes, requiring the creation of a conference committee to meet in the coming week. Several key issues will be up for debate next week, in committees and on the floors, including Gov. Lee’s budget and the much-discussed bill creating education savings accounts.

This week also saw further movement on a number of bills that we are tracking:

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) has passed the Senate and the House 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. That bill has been signed by the Governor.

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 has been taken off notice in House Elections & Campaign Finance Subcommittee.

A bill that 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 (SB399/HB236), is set to be heard in the first meeting of the House Judiciary Committee in 2020, and has been assigned to the General Subcommittee of the Senate Judiciary Committee.

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 the Senate State & Local Government Committee and has failed in the House Public Service & Employee Subcommittee.

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) has been set for a hearing in the Senate Finance, Ways, and Means Committee for April 23rd. 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) has been set for a hearing in the Senate Finance, Ways, and Means Committee for April 23rd. 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 assigned 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 passed by the Senate and the House.

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 has been passed in the Senate and the House and has been signed by the Governor.

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) has been passed in the House and in the Senate and has been signed by the Governor.

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 set for the Senate Finance, Ways, and Means Committee on April 23rd, and has and has been set for consideration in the House Finance, Ways, and Means Subcommittee on April 25th.

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) has failed in the House Business Subcommittee and in the Senate Commerce and Labor Committee.

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 the first meeting of the Senate State & Local Government Committee in 2020, and has been recommended for passage by the House Finance, Ways and Means Committee.

A bill (SB1361/HB797) 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 and has been set for consideration in the House Finance, Ways, and Means Subcommittee on April 25th, and to the Senate Finance, Ways, and Means Committee for a hearing on April 23rd.

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) has been passed in the Senate and House. 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.

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), has been sent to summer study by the House Commerce Committee and has been assigned to the General Subcommittee of the Senate Commerce and Labor General Subcommittee.

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) has been passed in the Senate Commerce & Labor Committee, and has passed in the House.

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) has been sent through to the Senate Finance, Ways, and Means Committee to be heard on April 23rd, and has been passed in the House.

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 passed in the Senate and in the House and has received the signature of the Governor.

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 assigned to the general Subcommittee of the Senate Commerce & Labor Committee, and has been taken off notice in the House Criminal Justice Subcommittee.

A bill that requires the department of environment and conservation to make the sample solar easement instrument accessible to the public through their website (SB1429/HB1290) has been sent to summer study by the Senate Commerce and Labor Committee to be heard on April 16th, and has been passed in the House Local Committee on April 9th. We were able to work with the sponsors of this legislation to remove a provision requiring approval from all residents to ban a long term lease within the HOA.

A bill that 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/HB353), has been amended in the House Government Operations Committee to specify applications to all professions and occupations regulated except for certified public accountants, architects and engineers, require that any kind of training be consistent with the requirements for licensure by licensing authorities in order for persons to be eligible for equivalent credit, and allow any person aggrieved by the decision of a licensing authority concerning eligibility for equivalent credit to appeal to the commissioner. That bill passed in the Senate Commerce and Labor Committee, and has passed a floor vote in the House.

A bill that makes various changes to the Right to Earn a Living Act, authorizes an affected person to petition a licensing authority to repeal or modify an entry regulation within its jurisdiction, including entry regulations promulgated relative to statute, and exempts any state agency, regulatory board, commission, council, or committee that regulates a person under certain circumstances (SB196/HB261) has been assigned to the General Subcommittee of the Senate State & Local Government Committee, and has been taken off notice in the House Finance, Ways and  Means Subcommittee.

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

Calendar Report
Week of April 22, 2019

Mon 4/22/19 5:00pm – Senate Chamber, Senate Floor

2. SB1101 Dickerson S. 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. Amendment Summary: Senate State & Local Government Committee amendment 1, House amendment 1 (005406) specifies membership of a legislative appeal board in any area that is covered by a transit-oriented redevelopment plan. Terms of the appointed members are to be coterminous with the terms of the appointing authority’s term and members do not receive compensation of their service on the board. Clarifies membership of general assembly members will be nonvoting while membership of local legislative bodies will be voting.  Fiscal Note: (Dated February 22, 2019) NOT SIGNIFICANT
HB74 – D. Jernigan – 03/25/19 – House passed with amendment 1 (005406).
5. SB1184 White D. 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. Amendment Summary: Senate State & Local Government Committee amendment 1, House amendment 1 (005340) removes a requirement that the assessor of property file certain information with the register of deeds. Requires the applicable property owner to file such information in the absence of the assessor of property s filing. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
HB817 – E. Helton – 04/18/19 – House passed with amendment 1 (005340), which removes a requirement that the assessor of property file certain information with the register of deeds. Requires the applicable property owner to file such information in the absence of the assessor of property s filing.

Mon 4/22/19 5:00pm – Senate Chamber, Senate Message

1. SB557 Johnson J. 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. Amendment Summary: House amendment 1 (006682) changes language to “who own property or reside in the territory proposed for annexation” for clarification purposes. Fiscal Note: (Dated March 6, 2019) NOT SIGNIFICANT
HB1089 – S. Whitson – 04/10/19 – House passed with amendment 1 (006682).

Tue 4/23/19 8:30am – Senate Hearing Rm I, Senate Finance, Ways & Means Committee

MEMBERS: CHAIR B. Watson (R); VICE CHAIR J. Stevens (R); 2ND VICE CHAIR J. Hensley (R); J. Yarbro (D); K. Yager (R); B. Kelsey (R); J. Johnson (R); F. Haile (R); B. Gilmore (D); T. Gardenhire (R); R. Briggs (R)

7. 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: Senate Transportation & Safety Committee amendment 1, House amendment 1 (006464) prohibits physically holding or supporting, with any part of a person’s body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle unless the vehicle is lawfully parked. Authorizes use of an earpiece, headphone device, wrist device or mounting device. Exempts employers or contractors of utility services providers, public safety officers, law enforcement, and emergency personnel acting within the scope of their employment and persons who are lawfully parked in their motor vehicles from the above punishments. Establishes that violation of such is a Class C misdemeanor, punishable by fine only, not to exceed $50. Establishes that if the violation is the person’s third or subsequent offense of the violation results in an accident the fine is $100. Establishes that if such a violation occurs in a work zone when workers are present or in a marked school zone when warning flashers are on, the fine is $200. Establishes court costs not exceed $10. Requires the Department of Transportation (TDOT) to utilize permanent electronic overhead informational displays to provide periodic messages to inform public about the law. Requires the Department of Safety (DOS) to include distracted driving as part of the instructional information used 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. – 04/17/19 – House passed with amendment 1 (006464).
21. 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: Senate State & Local Government Committee amendment 1, 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 – 04/18/19 – Set for House Finance, Ways & Means Subcommittee 04/23/19.
29. SB1361 Yager 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 Commerce Committee amendment 1 (006286) 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
HB797 – K. Vaughan – 04/18/19 – Set for House Finance, Ways & Means Subcommittee 04/23/19.
60. SB491 Bowling J. TAXES BUSINESS: Phases out professional privilege tax. Reduces the professional privilege tax each year beginning with the tax year that begins on and after June 1, 2019. Eliminates the professional privilege tax completely for the tax year ending on or after May 31, 2024. Fiscal Note: (Dated January 15, 2019) Decrease State Revenue Net Impact $18,700,500/FY18-19 $37,401,000/FY19-20 $56,101,500/FY20-21 $74,802,000/FY21-22 $93,502,501/FY22-23 and Subsequent Years Decrease State Expenditures $194,900/FY18-19 $389,800/FY19-20 $584,600/FY20-21 $779,500/FY21-22 $974,400/FY22-23 and Subsequent Years Increase Local Revenue $92,800/FY18-19 $185,700/FY19-20 $278,500/FY20-21 $371,300/FY21-22 $464,200/FY22-23 and Subsequent Years
HB39 – J. VanHuss – 01/22/19 – Referred to House Finance, Ways & Means Subcommittee.
61. SB492 Bowling J. TAXES BUSINESS: Eliminates professional privilege tax. Eliminates the professional privilege tax for the tax year ending on May 31, 2020, and for any subsequent tax years. Fiscal Note: (Dated January 14, 2019) Decrease State Revenue Net Impact $93,502,500/FY18-19 and Subsequent Years Decrease State Expenditures $974,400/FY18-19 and Subsequent Years Increase Local Revenue $464,200/FY18-19 and Subsequent Years
HB40 – J. VanHuss – 01/22/19 – Referred to House Finance, Ways & Means Subcommittee.
71. 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. Amendment Summary: Senate Finance Revenue Subcommittee amendment 1 (003959) rewrites the bill and provides exemption from the professional privilege tax, beginning with taxes due on June 1, 2020 for the professions of lobbyist, architect, broker, audiologist, chiropractor, dentist, optometrist, podiatrist, psychologist, speech pathologist, veterinarian, and attorney. 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.
88. 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 – 04/18/19 – Set for House Finance, Ways & Means Subcommittee 04/23/19.
103. SB315 Watson B. TAXES BUSINESS: Phases out professional privilege tax. Declares the privilege tax is payable on June 1 of each tax year, with each tax year beginning on June 1 and ending on May 31. Decreases professional privilege tax from $400 to $300 annually for tax years ending on or after May, 31, 2022. Repeals tax for tax years ending on or after May 31, 2025. Fiscal Note: (Dated February 4, 2019) Decrease State Revenue Net Impact $23,375,600/FY20-21 $23,375,600/FY21-22 $23,375,600/FY22-23 $93,502,500/FY23-24 and Subsequent Years Decrease State Expenditures $243,600/FY20-21 $243,600/FY21-22 $243,600/FY22-23 $974,400/FY23-24 and Subsequent Years Increase Local Revenue $116,000/FY20-21 $116,000/FY21-22 $116,000/FY22-23 $464,200/FY23-24 and Subsequent Years Other Fiscal Impact To the extent the General Assembly further reduces the privilege tax rate annually through enactment of a general bill, and that such reductions are equal to $100 each year, beginning in FY20-21, the net decreases in state revenue* and increases in local revenue are estimated to be: ($23,375,600) for the state and $116,000 for the locals in FY20-21; ($46,751,300) for the state and $232,100 for the locals in FY21-22; ($70,126,900) for the state and $348,100 for the locals in FY22-23; and ($93,502,500) for the state and $464,200 for the locals in FY23-24 and subsequent years. The net decrease in state expenditures for the state is estimated to be: $243,600 in FY20-21; $487,200 in FY21-22; $730,800 in FY22- 23; and $974,400 in FY23-24 and subsequent years. *net decreases in state revenue denoted parenthetically SB 315 HB 338
HB338 – J. Reedy – 02/05/19 – Referred to House Finance, Ways & Means Subcommittee.

Tue 4/23/19 11:00am – House Hearing Rm I, House Finance, Ways & Means Subcommittee

HEADER: Behind the Budget Calendar.  The committee will meet immediately following house floor session.  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)

5. 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. Amendment Summary: Senate State & Local Government Committee amendment 1, 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.
SB886 – F. Niceley – 04/17/19 – Set for Senate Finance, Ways & Means Committee 04/23/19.
28. HB722 Coley J. 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
SB992 – B. Kelsey – 04/17/19 – Set for Senate Finance, Ways & Means Committee 04/23/19.
29. HB246 Clemmons J. 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
SB253 – S. Kyle – 03/26/19 – Taken off notice in Senate Finance Revenue Subcommittee.
78. 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 Commerce Committee amendment 1 (006286) 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 – 04/17/19 – Set for Senate Finance, Ways & Means Committee 04/23/19.

Tue 4/23/19 1:00pm – Senate Hearing Rm I, Senate Judiciary Committee

HEADER: Final Calendar  SB425 has been added to the calendar by suspension of the rules on the Senate Floor on 04/18/19.  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)

16. SB554 Swann A. PROPERTY & HOUSING: Rights of survivorship. Allows creation of a joint tenancy with right of survivorship and requires any share of a descended tenant to go to the surviving one. Orders that a joint tenancy with right of survivorship cannot be destroyed unilaterally under the common law doctrine of severance by the action of any of the joint tenants conveying their interest to a third party. Fiscal Note: (Dated March 15, 2019) NOT SIGNIFICANT
HB546 – J. Moon – 02/11/19 – Referred to House Civil Justice Subcommittee.