Update/Memo

This past 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) 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.

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 passed for consideration by the Senate State & Local Government Committee and has been 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 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 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 April 2nd, and is scheduled for a hearing in the House Finance, Ways, and Means Committee on April 3rd.

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.

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 is scheduled to be voted on in the Senate on April 1st.

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 April 2nd, 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 Senate State & Local Government Committee on April 2nd, 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 has been sent to the House Commerce Committee and to the Senate Finance 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 passed in the Senate Commerce & Labor, and is set for the House floor for 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), was sent to summer study by the House Commerce Committee 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) has failed 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 passed through the Senate Transportation & Safety Committee and is set to be heard in the House Finance, Ways, and Means Subcommittee on April 3rd.

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 is scheduled for a floor vote in the House on April 4th.

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 and has been set for a hearing in the House Local Committee on April 3rd. 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.

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

Calendar Report
Week of March 25, 2019

Mon 4/1/19 2:00pm – House Hearing Rm I, House Government Operations Committee

HEADER: HB518 has been added to the calendar by suspension of the rules on the House Floor on 03/28/19.  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)

1. 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: Senate amendment 1, House Commerce Committee 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. Fiscal Note: (Dated February 28, 2019) Decrease State Revenue Exceeds $1,000/Health Regulatory Boards Exceeds $1,000/Commerce Regulatory Boards
SB384 – J. Lundberg – 03/25/19 – Senate passed with amendment 1 (005769).
7. 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. Amendment Summary:  House Commerce Committee 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
SB571 – J. Bowling – 02/07/19 – Referred to Senate Commerce & Labor Committee.
8. 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 Commerce Committee 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 – 03/28/19 – Set for Senate State & Local Government Committee 04/02/19.

Mon 4/1/19 4:30pm – Senate Chamber, Senate Consent 2

3. 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.

Mon 4/1/19 4:30pm – Senate Chamber, Senate Floor

7. SB401 Stevens J. JUDICIARY: Service of process. Adds a private process server to the list of individuals authorized to personally serve a copy of a warrant or summons on behalf of a landlord in an action for forcible entry and detainer to regain possession of such landlord’s real property. Fiscal Note: (Dated February 15, 2019) Decrease Local Revenue Exceeds $4,000
HB33 – C. Boyd – 03/21/19 – House passed.
15. SB708 Stevens J. 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 State & Local Government Committee 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.
HB1269 – A. Holt – 03/28/19 – Set for House Finance, Ways & Means Subcommittee 04/03/19.

Mon 4/1/19 5:00pm – House Chamber, House Floor

12. 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 – 03/18/19 – Senate passed.
16. 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 amendment 1, House Agriculture & Natural Resources Committee 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 – 03/18/19 – Senate passed with amendment 1 (005598).

Tue 4/2/19 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)

9. 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.
13. 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 4/2/19 10:30am – House Hearing Rm II, House State Committee

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)

14. 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 Departments & Agencies Subcommittee amendment 1 (006297) moves the effective date from July 1, 2019 to July 1, 2020 and makes technical changes. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
SB759 – J. Yarbro – 03/28/19 – Set for Senate State & Local Government Committee 04/02/19.
18. 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 – 03/28/19 – Set for Senate State & Local Government Committee 04/02/19.

Tue 4/2/19 10:30am – House Hearing Rm III, House Transportation Committee

HEADER: Final Calendar  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)

4. 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. Amendment Summary: House Safety & Funding Subcommittee amendment 1 (006319) deletes all language after the enacting clause. Requires the movement of any mobile home that is less than or equal to 14 feet in width to utilize one escort vehicle during travel on a highway system with two or more lanes. Prohibits any transport of a mobile home exceeding 16 feet in height. Fiscal Note: (Dated February 20, 2019) Decrease State Revenue – $633,400/Manufactured Housing Fund
SB376 – A. Swann – 03/28/19 – Set for Senate Commerce & Labor Committee 04/02/19.

Tue 4/2/19 10:30am – Senate Hearing Rm I, Senate State & Local Government Committee

HEADER: The committee will have budget hearings from the following: TN Dept of Correction, TN Dept of Human Resources, TN Dept of General Services and TN Human Rights Commission.  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)

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 – 03/27/19 – House Finance Subcommittee placed behind the budget.
25. 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.
26. 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: House Local Committee amendment 1 (005340) rewrites the bill and establishes it to be permissive whether records with the register of deeds the application for the classification of property. Requires the property owner to record with the register of deeds if the assessor does not record the application. Fiscal Note: (Dated February 26, 2019) NOT SIGNIFICANT
HB817 – E. Helton – 03/27/19 – House Local Committee recommended with amendment 1 (005340). Sent to House Calendar & Rules.
28. 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.
29. SB321 Jackson E. 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. Amendment Summary: House Local Committee amendment 1 (006265) deletes and rewrites all language after the enacting clause such that the only substantive changes (1) establish exact wording for notice which is to be furnished by the delinquent tax attorney; and (2) specify how certain charges and costs incurred by the delinquent tax attorney should be treated on a tax lien. 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.
HB543 – M. White – 03/27/19 – House Finance, Ways & Means Subcommittee deferred to 04/10/19.
34. SB759 Yarbro J. 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 Departments & Agencies Subcommittee amendment 1 (006297) moves the effective date from July 1, 2019 to July 1, 2020 and makes technical changes. Fiscal Note: (Dated February 20, 2019) NOT SIGNIFICANT
HB252 – B. Freeman – 03/28/19 – Set for House State Committee 04/02/19.
41. 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 Commerce Committee 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 – 03/28/19 – Set for House Government Operations Committee 04/01/19.
44. 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 – 03/28/19 – Set for House Finance, Ways & Means Subcommittee 04/03/19.
45. 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. Amendment Summary: House Finance, Ways & Means Subcommittee amendment 1 (005066) establishes qualifications which must be met by certain projects in order to be eligible for payment in lieu of tax agreements with certain special purpose corporations.  Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
HB425 – Y. Hakeem – 03/28/19 – Set for House Finance, Ways & Means Committee 04/02/19.
50. 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.
54. 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 – 03/28/19 – Set for House State Committee 04/02/19.

Tue 4/2/19 1:00pm – Senate Hearing Rm I, Senate Commerce & Labor Committee

HEADER: The committee will have a budget hearing by the TN Dept of Economic & Community 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)

18. 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.
26. SB376 Swann A. 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. Amendment Summary: House Safety & Funding Subcommittee amendment 1 (006319) deletes all language after the enacting clause. Requires the movement of any mobile home that is less than or equal to 14 feet in width to utilize one escort vehicle during travel on a highway system with two or more lanes. Prohibits any transport of a mobile home exceeding 16 feet in height. Fiscal Note: (Dated February 20, 2019) Decrease State Revenue – $633,400/Manufactured Housing Fund
HB1361 – K. Calfee – 03/28/19 – Set for House Transportation Committee 04/02/19.

Tue 4/2/19 3:00pm – House Hearing Rm I, House Finance, Ways & Means Committee

HEADER: The committee will have budget hearings from the following: 1) Commissioner Danielle Barnes with the Dept of Human Services 2) Commissioner Clay with the Dept of Transportation 3) Executive Director Anne Pope with the TN Arts Commission 4) Executive Director Ralph Perrey with the TN Housing Development Agency  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)

11. 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. Amendment Summary: House Finance, Ways & Means Subcommittee amendment 1 (005066) establishes qualifications which must be met by certain projects in order to be eligible for payment in lieu of tax agreements with certain special purpose corporations.  Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
SB366 – T. Gardenhire – 03/28/19 – Set for Senate State & Local Government Committee 04/02/19.

Tue 4/2/19 3:00pm – House Hearing Rm II, House Civil Justice Subcommittee

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

6. 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 – 03/28/19 – Set for Senate Judiciary Committee 04/02/19.
13. HB350 Shaw J. 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. Fiscal Note: (Dated February 17, 2019) Decrease Local Expenditures Exceeds $200,000/Per Occurrence
SB1263 – D. Gresham – 02/11/19 – Referred to Senate State & Local Government Committee.

Tue 4/2/19 3:00pm – 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)

4. 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 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.
19. 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 – 03/28/19 – Set for House Civil Justice Subcommittee 04/02/19.

Wed 4/3/19 10:30am – Senate Hearing Rm I, Senate Energy, Agriculture & Natural Resources Committee

HEADER: Final Calendar  MEMBERS: CHAIR S. Southerland (R); VICE CHAIR F. Niceley (R); 2ND VICE CHAIR M. Pody (R); R. Kurita (I); D. White (R); K. Robinson (D); J. Johnson (R); D. Gresham (R); R. Akbari (D); S. Reeves (R)

2. SB997 Kelsey B. PROPERTY & HOUSING: Establishes the Tennessee Plane Coordinate System. Establishes the Tennessee Plane Coordinate System as new system of defining and stating geographic positions and locations in Tennessee. Amendment Summary: House amendment 1 (005270) adds various words to clarify statements and titles but makes no substantive changes. Gives credit to the United States Department of Commerce for their work on systems of plane coordinates from the past. Fiscal Note: (Dated February 27, 2019) NOT SIGNIFICANT
HB699 – T. Leatherwood – 03/25/19 – House passed with amendment 1 (005270).

Wed 4/3/19 11:00am – House Hearing Rm III, House Finance, Ways & Means Subcommittee

HEADER: HB605 has been added to the calendar by suspension of the rules on the House Floor on 03/28/19.  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)

7. 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: 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
SB173 – A. Swann – 03/27/19 – Senate Transportation & Safety Committee recommended with amendment 1 (006464). Sent to Senate Finance.
13. 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. 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.
SB355 – T. Gardenhire – 03/28/19 – Set for Senate State & Local Government Committee 04/02/19.
37. 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 State & Local Government Committee 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 – 03/28/19 – Set for Senate Floor 04/01/19.

Wed 4/3/19 12:30pm – House Hearing Rm I, House Judiciary Committee

MEMBERS: CHAIR M. Curcio (R); VICE CHAIR J. Garrett (R); A. Farmer (R); M. Littleton (R); B. Mitchell (D); B. Ogles (R); A. Parkinson (D); J. Potts (D); I. Rudder (R); B. Sanderson (R); P. Sherrell (R); J. Towns Jr. (D); J. VanHuss (R); W. Lamberth (R); C. Johnson (R); B. Hulsey (R); B. Beck (D); K. Camper (D); M. Carter (R); M. Daniel (R); C. Doggett (R); R. Eldridge (R); J. Faison (R); B. Griffey (R); D. Howell (R)

17. 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 Children & Families Subcommittee 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 – 02/07/19 – Referred to Senate Judiciary Committee.

Wed 4/3/19 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)

3. 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. Amendment Summary: House Property & Planning Subcommittee amendment 1 (006267) defines dedicatory instruments, homeowner’s association, and restrictive covenant and requires that a homeowners’ association provide an accounting of the votes cast in any vote to amend a dedicatory instrument that prohibits the leave of residential property for a period of 30 days or more. Clarifies that the owner of such a property have the vested right to rent the property for a period of 30 days or more that remains until the owner transfers ownership of the property. Fiscal Note: (Dated February 11, 2019) NOT SIGNIFICANT
SB1429 – P. Bailey – 02/20/19 – Referred to Senate Commerce & Labor Committee.