Update/Memo

Session is starting to wind down. As we continue to move closer to the session’s end, which we expect in the first week of May, committees and subcommittees are beginning to hear their final calendars for the year. With time running short, the Assembly and administration are also working on the final details of next fiscal year’s budget 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 is set to be heard in the Senate Judiciary Committee on April 16th.

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) 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 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 State & Local Government Committee, and is scheduled for a hearing on the House floor on April 17th.

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.

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 passed in the Senate Finance, Ways, and Means Committee, and has been placed for consideration behind the budget in 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) 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 referred to 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 has been sent to the House Finance, Ways and Means Subcommittee for a hearing on April 17th, and to the Senate Finance Committee for a hearing on April 16th.

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 set to be heard in the Senate on April 11th, and passed on the House floor on April 4th. 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 referred to 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 set for a hearing in the Senate Commerce & Labor Committee for April 16th, 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 16th, and is set to be voted on in the House on April 17th.

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.

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 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 referred to 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 is set for a vote in the Senate Commerce and Labor Committee for April 16th, 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) is set to go before the Senate State & Local Government Committee on April 16th, and the House Finance, Ways and  Means Subcommittee on April 16th.

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

Calendar Report
Week of April 15, 2019

Mon 4/15/19 4:30pm – Senate Chamber, Senate Consent 2

3. 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.
9. 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 – 03/18/19 – House passed.

Mon 4/15/19 4:30pm – Senate Chamber, Senate Floor

12. SB1393 Bell M. PROPERTY & HOUSING: Misrepresentation of a service or support animal. Creates the new Class B misdemeanor offense “misrepresentation of a service or support animal.” A person commits misrepresentation of a service or support animal who knowingly: (1) Misrepresents, as a part of a request to maintain a service or support animal in residential rental property, that the person has a disability or disability-related need for the use of a service or support animal; or (2) Provides documentation to a landlord that falsely states an animal is a service or support animal. This bill authorizes a landlord who receives a request for an exception to a pet policy from a tenant or prospective tenant with a disability that is not readily apparent who requires the use of a service or support animal to ask that the individual submit reliable documentation of a disability and the disability-related need for a service or support animal. If the disability is readily apparent or known but the disability-related need for the service or support animal is not, this bill authorizes the landlord to ask the individual to submit reliable documentation of the disability-related need for a service or support animal. This bill authorizes a landlord who receives reliable documentation of a disability and/or the disability-related need for a service or support animal to authenticate the reliable documentation. If a tenant or prospective tenant fails to provide accurate, reliable documentation of a disability and/or the disability-related need for a service or support animal, after the landlord requests the reliable documentation, this bill authorizes the landlord to deny the request for an exception to the landlord’s pet policy. This bill defines “service animal” to mean a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability. This bill defines “support animal” to mean an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one or more identified symptoms or effects of the individual’s disability. The full text of this bill defines “reliable documentation,” which definition includes a list of persons and entities who are reliable sources of such documentation. Under this bill, it is material noncompliance and default by a tenant with the rental agreement, if the tenant: (1) Misrepresents that there is a disability or disability-related need for the use of a service or support animal; or (2) Provides documentation to a landlord in support of a request for an exception to a pet policy that falsely states an animal is a service or support animal. In the event of default under (1) or (2), this bill authorizes the landlord to terminate the tenancy and recover damages, including, but not limited to, reasonable attorney’s fees. This bill specifies that a landlord is not liable for injuries by a person’s service or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to any federal, state, or local law. Only to the extent of any conflict with federal or state law, the provisions of this bill concerning residential rental agreements do not apply to public housing units owned by a governmental entity. Amendment Summary: Senate Commerce and Labor Committee amendment 1, House amendment 1 (005842) revises this bill, as follows: (1) Specifies that the offense is committed if a person “fraudulently represents,” instead of “misrepresents,” that the person has a disability or disability-related need for the use of a service or support animal; (2) Authorizes a landlord who receives reliable documentation of a disability and the disability related need for a service animal or support animal to “verify,” instead of “authenticate,” such reliable documentation and specifies that this bill does not authorize a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant’s or prospective tenant’s disability; and (3) Extends this bill’s applicability to rental agreements amended on or after July 1, 2019. Fiscal Note: (Dated March 6, 2019) NOT SIGNIFICANT
HB1190 – B. Terry – 04/04/19 – House passed with amendment 1 (005842).
20. 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. Amendment Summary: House Local Committee amendment 1, Senate State & Local Government Committee amendment 1 (005935) deletes and rewrites all language after the enacting clause such that the substantive changes (1) remove the required designation of county size, (2) remove minimum acreage requirements, (3) expands the definition of a qualified cost for which certain tax revenues may be utilized, and (4) expands the designation which must be obtained in order to qualify as a redevelopment zone. 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 – 04/11/19 – Set for House Floor on 04/17/19.

Mon 4/15/19 4:30pm – Senate Chamber, Senate Message

1. 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: Senate amendment 1 (005769) deletes and rewrites all language after the enacting clause such that the substantive changes are as follows: (1) a qualifying person must register with the state agency administering the profession and subject themselves in writing to the jurisdiction of such agency in respect to harms or violations of statutes and rules; (2) a qualifying individual must apply for licensure if such license expires in the state of issuance, or within one year of practicing in Tennessee, whichever comes first; (3) regulatory boards under the Department of Health (DOH) are not required to provide license exemption under this legislation; and (4) deletes prerequisite that a person must have left employment to accompany a spouse to this state in order to qualify for an expedited full license under a DOH regulatory board. House amendment 2 (006630) specifies the person or spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure. Fiscal Note: (Dated February 28, 2019) Decrease State Revenue Exceeds $1,000/Health Regulatory Boards Exceeds $1,000/Commerce Regulatory Boards
HB304 – R. Bricken – 04/08/19 – House passed with amendment 2 (006630).
3. 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).

Mon 4/15/19 5:00pm – House Chamber, House Floor

22. 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. Amendment Summary: House State Committee amendment 1 (006297) moves the effective date from July 1, 2019 to July 1, 2020 and requires an agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination to ensure the provision of appropriate accommodations in accordance with the Americans with Disabilities Acts. Requires a state agency that administers a required examination for licensure to promulgate rules that establish the eligibility criteria that a person must meet for an accommodation to be provided. Exempts examinations mandated and administered pursuant to federal law. Senate State & Local Government Committee amendment 1 deletes all language after the enacting clause. Requires an agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination to ensure the provision of appropriate accommodations in accordance with the Americans with Disabilities Act. Requires a state agency that administers a required examination for licensure to promulgate rules that establish the eligibility criteria that a person must meet for an accommodation to be provided. Exempts examinations mandated and administered pursuant to federal law. Changes the effective date from July 1, 2019, to July 1, 2020. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
SB759 – J. Yarbro – 04/10/19 – Senate State & Local Government Committee recommended with amendment 1. Sent to Senate Calendar Committee.
30. 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. Amendment Summary: House Local Committee amendment 1, Senate amendment 1 (006478) limits the scope of applicability to only agreements entered into or amended on or after July 1, 2019 regarding land leased from local government entities. Removes the requirement that payment in lieu of tax (PILOT) agreements are in an amount equal to the ad valorem taxes due.  Fiscal Note: (Dated March 11, 2019) Other Fiscal Impact — A recurring shift in local government revenue to state and local governmental entities exceeding $2,720,400.
SB708 – J. Stevens – 04/01/19 – Senate passed with amendment 1 (006478).

Tue 4/16/19 8:30am – Senate Hearing Rm I, Senate Finance, Ways & Means Committee

HEADER: The committee will hear the 2019-2020 Administration amendment by Commissioner Stuart McWhorter with the Dept of Finance & Administration.  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)

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: Senate Transportation & Safety Committee amendment 1, House Transportation Committee 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. – 04/11/19 – Set for House Floor on 04/17/19.
9. 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 – 04/11/19 – Set for House Finance, Ways & Means Subcommittee 04/17/19.

Tue 4/16/19 10:00am – Senate Hearing Rm I, Senate State & Local Government Committee

HEADER: Final Calendar.  The committee will hear a presentation by the CEO of Project Return.  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)

7. SB1263 Gresham D. TAXES PROPERTY: Property purchased by a county at a tax sale. Provides immunity to a county in suit based in contract or restrictive covenant when the county purchases property in a tax sale. Removes county’s liability for the payment of any fees or assessments pursuant to any contractual right held by a non-governmental entity to such fees or assessments secured by property purchased by a county at a tax sale. Amendment Summary: House Judiciary Committee amendment 1 (004743) rewrites the bill to solely include Hardeman County. Fiscal Note: (Dated February 17, 2019) Decrease Local Expenditures Exceeds $200,000/Per Occurrence
HB350 – J. Shaw – 04/10/19 – House Judiciary Committee recommended with amendment 1 (004743). Sent to House Calendar & Rules.
13. SB1162 Hensley J. TAXES BUSINESS: Threshold decennial county growth rate. Reduces to 15 percent the threshold decennial county growth rate required before a county is authorized to levy a privilege tax on entities engaged in residential development of property to provide the county with an additional source of funding to defray the cost of providing school facilities. Broadly captioned. Fiscal Note: (Dated April 1, 2019) Other Fiscal Impact Permissive recurring increases in local government revenue; the extent and timing of which cannot be determined due to several unknown factors.
HB1488 – R. Bricken – 02/13/19 – Referred to House Finance, Ways & Means Subcommittee.
21. 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 Government Operations amendment 1 (006605), which deletes and rewrites all language after the enacting clause. 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. Exempts any state agency, regulatory board, commission, council, or committee that regulates a person under certain circumstances. 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 – 04/11/19 – Set for House Finance, Ways & Means Committee 04/17/19.
28. 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 – 04/11/19 – Set for House Finance, Ways & Means Committee 04/17/19.

Tue 4/16/19 1:00pm – Senate Hearing Rm I, Senate Judiciary Committee

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. 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. Amendment Summary: House Judiciary Committee amendment 1 (007911) deletes and rewrites all language after the enacting clause such that the substantive changes are to increase certain homestead exemptions to $35,000, increase the homestead exemption available to individuals jointly owning real property to $52,500, delete certain homestead exemptions provided under current law, delete the homestead exemption for agricultural property provided in the original bill, and delete the requirement that the Fiscal Review Committee calculate and report adjustments to the homestead exemption. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
HB236 – J. Zachary – 04/10/19 – House Judiciary Committee deferred to first calendar of 2020 after adopting amendment 1 (007911).
19. SB699 Stevens 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.) Amendment Summary: House Judiciary Committee amendment 1 (006287) clarifies the definition of a designated ancestor and a family member. Removes section 13 of the bill which included mandatory arbitration language. Establishes that trustees who have resigned or been removed have the right to petition the court for approval of its accountings and a release from liability related to such a trust. Clarifies general power of appointment. Makes technical changes. 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
HB676 – J. Garrett – 04/11/19 – Set for House Finance, Ways & Means Subcommittee 04/17/19.

Tue 4/16/19 3:00pm – House Hearing Rm I, House Government Operations Committee

HEADER: HB395 and HB724 have been added to the calendar by suspension of the rules on the House Floor on 04/11/19.  MEMBERS: CHAIR M. Daniel (R); VICE CHAIR I. Rudder (R); R. Williams (R); M. Stewart (D); C. Sexton (R); J. Reedy (R); J. Ragan (R); W. Lamberth (R); J. Lafferty (R); D. Howell (R); G. Hardaway (D); C. Halford (R); B. Dunn (R); K. Camper (D); K. Calfee (R)

6. HB1124 Daniel M. GOVERNMENT REGULATION: UAPA – board for licensing contractors. Clarifies that the board for licensing contractors must promulgate rules in accordance with the Uniform Administrative Procedures Act. Broadly captioned. Fiscal Note: (Dated February 10, 2019) NOT SIGNIFICANT
SB1000 – K. Roberts – 04/10/19 – Set for Senate Government Operations Committee 04/17/19.

Tue 4/16/19 3:00pm – Senate Hearing Rm I, Senate Commerce & Labor Committee

HEADER: Final Calendar.  SJR402 has been added to the calendar by suspension of the rules on the Senate Floor on 04/11/19.  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)

1. SB571 Bowling J. 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. Amendment Summary:  House amendment 1 (006603) specifies application to all professions and occupations regulated except for certified public accountants, architects and engineers. Requires any kind of training be consistent with the requirements for licensure by licensing authorities in order for persons to be eligible for equivalent credit. Allows any person aggrieved by the decision of a licensing authority concerning eligibility for equivalent credit to appeal to the commissioner and insurance or the commissioner’s designee for a determination of whether the training meets the requirements for licensure. Orders commissioner of commerce and insurance, state board of education and various departments charged with supervision of licensing authorities to promulgate rules. Fiscal Note: (Dated February 24, 2019) NOT SIGNIFICANT
HB353 – M. Daniel – 04/10/19 – House passed with amendment 1 (006603).
12. 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. Fiscal Note: (Dated March 11, 2019) Increase State Revenue Exceeds $253,300/FY19-20/Office of Apprenticeship Exceeds $243,300/FY20-21 and Subsequent Years/Office of Apprenticeship Increase State Expenditures $253,300/FY19-20/Office of Apprenticeship $243,300/FY20-21 and Subsequent Years/Office of Apprenticeship
HB859 – D. Thompson – 03/12/19 – House Business Subcommittee deferred to the first calendar of 2020.
16. SB1429 Bailey P. 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. Amendment Summary: House Local Committee amendment 1 (007237) deletes all language after the enacting clause. Defines terms associated with, and including homeowners association. Creates requirements for amendments to homeowners associations’ governing documents which effectively prohibit the lease of residential property for 30 days or more. Establishes that the owner of a property subject to such prohibition has a vested right to continue renting such property until the owner transfers ownership of the property. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
HB1290 – A. Farmer – 04/03/19 – House Local Committee recommended with amendment 1 (007237). Sent to House Calendar & Rules.
19. SB324 Johnson J. 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: House Business Subcommittee amendment 1 (004904) 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
HB271 – R. Gant – 03/26/19 – Returned to House clerk’s desk.
28. SB1432 Bailey P. PROPERTY & HOUSING: Addresses tenant and landlord email notification. Allows a tenant to rescind the use of an email address provided in the rental agreement by written notice to the landlord. Broadly captioned. Fiscal Note: (Dated February 12, 2019) NOT SIGNIFICANT
HB522 – T. Hill – 02/07/19 – Caption bill held on House clerk’s desk.
33. SB1437 Bailey P. PROPERTY & HOUSING: Increases time allotted for a home seller to refund a buyer. Increases from 10 day to 15 days the time frame which a buyer is required to refund payments to the buyer when a home solicitation sale has been cancelled or an offer to purchase was revoked. Fiscal Note: (Dated February 13, 2019) NOT SIGNIFICANT
HB371 – C. Boyd – 02/06/19 – Caption bill held on House clerk’s desk.
40. 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. Amendment Summary: House amendment 1 (006074) deletes and replaces all language after the enacting clause such that the only substantive change is to add the IRS 20-factor test questions used by the IRS and to change the effective date from upon becoming law to January 1, 2020. Fiscal Note: (Dated February 21, 2019) NOT SIGNIFICANT
HB539 – D. Howell – 03/28/19 – House passed with amendment 1 (006074).

Wed 4/17/19 10:00am – Senate Hearing Rm I, Senate Government Operations Committee

HEADER: Final Calendar  MEMBERS: CHAIR K. Roberts (R); VICE CHAIR E. Jackson (R); 2ND VICE CHAIR J. Bowling (R); P. Rose (R); R. Kurita (I); K. Yager (R); M. Pody (R); B. Massey (R); S. Kyle (D); R. Crowe (R); M. Bell (R)

3. SB1000 Roberts K. GOVERNMENT REGULATION: UAPA – board for licensing contractors. Clarifies that the board for licensing contractors must promulgate rules in accordance with the Uniform Administrative Procedures Act. Broadly captioned. Fiscal Note: (Dated February 10, 2019) NOT SIGNIFICANT
HB1124 – M. Daniel – 04/11/19 – Set for House Government Operations Committee 04/16/19.

Wed 4/17/19 11:00am – House Hearing Rm I, House Finance, Ways & Means Subcommittee

HEADER: The subcommittee will meet immediately following the House Education Committee.  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. 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 – 04/10/19 – Set for Senate Finance, Ways & Means Committee 04/16/19.
20. 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.) Amendment Summary: House Judiciary Committee amendment 1 (006287) clarifies the definition of a designated ancestor and a family member. Removes section 13 of the bill which included mandatory arbitration language. Establishes that trustees who have resigned or been removed have the right to petition the court for approval of its accountings and a release from liability related to such a trust. Clarifies general power of appointment. Makes technical changes. 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 – 04/10/19 – Set for Senate Judiciary Committee 04/16/19.

Wed 4/17/19 12:00pm – House Hearing Rm I, House Finance, Ways & Means Committee

HEADER: The committee will meet immediately following the Finance Subcommittee.  The committee will hear a presentation regarding the Administration Amendment Overview.   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)

2. 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 Government Operations amendment 1 (006605), which deletes and rewrites all language after the enacting clause. 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. Exempts any state agency, regulatory board, commission, council, or committee that regulates a person under certain circumstances. 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 – 04/10/19 – Set for Senate State & Local Government Committee 04/16/19.
12. 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 – 04/10/19 – Set for Senate State & Local Government Committee 04/16/19.