Realtor Bill Track Report



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Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/16/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.

Position Monitor


SB1976 / HB2111 Board for licensing contractors - forms required on website.


Category Government Organization

Sponsors Sen. Becky Duncan Massey / Rep. Art Swann

Description Requires the board for licensing contractors to provide access to license issuance, renewal, and termination forms on the board's website.

Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANT

Senate Status 03/15/2016 - Taken off notice in Senate Commerce & Labor Committee.

House Status 03/15/2016 - Taken off notice in House Business & Utilities Subcommittee.

Position Monitor


SB1991 / HB2131 Higher education employee lawfully storing firearm in car.


Category Criminal Law

Sponsors Sen. Brian K. Kelsey / Rep. Courtney Rogers

Description Prohibits public post-secondary institutions from taking any adverse action against an employee or student as a result of such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle located on property owned, used, or operated by the post-secondary institution.

Amendment House Amendment 1 (013050) adds the term "solely" after the second use of the word "institution," and before the word "for." Deletes all language after the enacting clause of the original bill. Prohibits public postsecondary institutions from taking any adverse actions against an employee or student as a result of such person's lawful transportation and storage of firearm or ammunition, in compliance with Tenn. Code Ann. § 39-17-13, while on or using a parking area located on property owned, used, or operated by the postsecondary institution.

Fiscal Note (Dated February 6, 2016) NOT SIGNIFICANT

Senate Status 03/23/2016 - Senate concurred in House amendment 1.

House Status 03/14/2016 - House passed with amendment 1.

Executive Status 04/14/2016 - Signed by governor.

Position Monitor


SB2013 / HB1965 Planning models for composting, relocating of yard waste.


Category Environment & Nature

Sponsors Sen. Bill Ketron / Rep. Bryan Terry

Description Requires the department of environment and conservation to provide planning models for relocating, hauling, composting, and other processing of yard waste and food waste. Provides that calculations shall include: (1) the facilities needed to compost organic materials; (2) the amount of such waste generated; (3) transportation and hauling requirements; and (4) the value of any commercial products, including compost, which is likely to be created from such activity. Requires the department to provide planning models for preventing the disposal of food waste in landfills by diverting cooked foods from restaurants, food stores, colleges, hospitals, other entities that distribute food.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.

Position Monitor


SB2028 / HB1773 Agency seizing property responsible for paying reasonable expenses.


Category Property & Housing

Sponsors Sen. Richard Briggs / Rep. Jason Zachary

Description Presently, in order to forfeit any property or any person's interest in the property the state must prove by a preponderance of evidence that: (1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture; and (2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture; or (3) In the case of a secured party, that the following standards are met: (A) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or (B) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. The state's failure to carry the burden of proof operates as a bar to any forfeiture and the property must be immediately returned to the claimant. Under this bill, if the seizing agency fails to carry the burden of proof and a person who has property seized prevails in a claim or action to recover the seized property, then that person will be entitled to reasonable attorney fees and administrative hearing or court costs incurred in seeking the return of the seized property and in bringing the claim or action. Requires the seizing agency to pay for or reimburse such costs and fees. Specifies that the seizing officer and the agency employing the officer will be immune from civil liability for the seizure if the officer and agency acted in good faith.

Fiscal Note (Dated February 21, 2016) NOT SIGNIFICANT

Senate Status 03/08/2016 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.

House Status 02/24/2016 - Taken off notice in House Civil Justice Subcommittee.

Position Support


SB2043 / HB1429 Prohibits sex offenders from residing in on-campus student housing.


Category Criminal Law

Sponsors Sen. Lee Harris / Rep. G.A. Hardaway

Description Prohibits persons registered, or required to register, as a sex offender from residing in any public institution of higher education's on campus student housing if: 1) The campus includes a public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center, or public athletic field available for use by the general public; or 2) The campus is within one thousand feet of a public school, private or parochial school, licensed day care center, other child care facility, or public athletic field available for use by the general public.

Amendment House Amendment 1 (013296) prohibits any sex offender or violent sex offender from knowingly establishing a primary or secondary residence or any other living accommodation in any public institution of higher education's on-campus student residence facilities. SENATE AMENDMENT 1 (013637) prohibits a person who is registered or required to register, as a violent sex offender or offender against children pursuant to T.C.A 40-39-2 from knowingly establishing a primary or secondary residence or other living accommodation in any public institution of higher education's on-campus student residence facilities, including dormitories or apartments.

Fiscal Note (Dated February 5, 2015) NOT SIGNIFICANT

Senate Status 04/04/2016 - Senate concurred in House amendment 1.

House Status 03/30/2016 - House passed with amendment 1.

Executive Status 04/08/2016 - Sent to governor.

Position Monitor


SB2068 / HB1973 Homestead exemption increase for joint owners of real property.


Category Judiciary

Sponsors Sen. Doug Overbey / Rep. Bob Ramsey

Description Increases the homestead exemption to $75,000 for an individual and $150,000 for individuals who jointly own and use real property as their primary place of residence.

Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.

House Status 01/27/2016 - Referred to House Civil Justice Subcommittee.

Position Monitor


SB2105 / HB1921 Purchase of land in a tax lien sale.


Category Taxes Property

Sponsors Sen. Jack Johnson / Rep. Charles M. Sargent

Description Declares that a purchaser of a parcel of land in a tax lien sale has no obligation to purchase insurance on the parcel during the redemption period and that the purchaser is not liable for damage that occurs to the property during the redemption period unless it is caused by intentional acts of the purchaser.

Amendment House Business & Utilities Committee Amendment 1 (014967) deletes all language of the original bill. Clarifies that a person receiving title to a parcel sold at a tax sale pursuant to Tenn. Code Ann. § 67-5-2502 is vested with an absolute and indefeasible title in fee to the parcel, unless a judicial action challenging the parcel is filed in an appropriate court and effectually prosecuted against the person within three years of the recording of the tax deed or an order confirms the sell. A person claiming title of a parcel conveyed pursuant to a tax proceeding after the three-year period shall be forever barred from challenging the title of the parcel. Makes multiple other changes to processes governing parcels offered at county property tax sales for parcels on which delinquent property taxes are owed. SENATE COMMERCE AND LABOR COMMITTEE AMENDMENT 1 (014936) clarifies that a person receiving title to a parcel sold at a tax sale pursuant to T.C.A. 7-5-2502 is vested with an absolute and indefeasible title in fee to the parcel, unless a judicial action challenging the parcel is filed in an appropriate court and effectually prosecuted against the person within three years of the recording of the tax deed or an order confirms the sell. Provides that a person claiming title of a parcel conveyed pursuant to a tax proceeding after the three-year period shall be forever barred from challenging the title of the parcel. Makes multiple other changes to processes governing parcels offered at county property tax sales for parcels on which delinquent property taxes are owed.

Fiscal Note (Dated March 6, 2016) NOT SIGNIFICANT

Senate Status 04/07/2016 - Senate deferred to the final calendar.

House Status 04/12/2016 - Taken off notice in House Finance Subcommittee.

Position Support


SB2106 / HB1811 Creates offenses regarding drones and infrastructure facilities.


Category Criminal Law

Sponsors Sen. Jack Johnson / Rep. William G. Lamberth

Description Creates the offense of using a drone to fly within 250 feet of a critical infrastructure facility for the purpose of conducting surveillance, gathering information about the facility or electronically recording critical infrastructure data.

Amendment Senate Amendment 1 (012060) extends the definition of critical infrastructure facility to include an electrical power generation system, electrical transmission system, either as a whole system or any individual component of the system, or electrical distribution substation. Includes a water or wastewater treatment facility or any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas as a critical infrastructure. Specifies that nothing shall prohibit, limit, or otherwise restrict any person from utilizing a small unmanned aircraft in state air space for a specific flight operation, if the flights are conducted under authority granted by the Federal Aviation Administration through the FAA Modernization and Reform Act of 2012, a certificate of waiver, certificate of authorization, or airworthiness certificate under certain provision or any other Federal Aviation Administration grant of authority for a specific flight operation. SENATE AMENDMENT 2 (012088) specifies that if any provision of this act or its application to any person is held invalid then the invalidity will not affect other provisions or application of the act that can be given effect without the invalid provision or application, and to that end the provisions of this act will be severable. SENATE AMENDMENT 3 (012381) clarifies that all federally authorized use of drones will be permitted in this state. Without this clarifying amendment, Amendment 1 could be interpreted to limit such permission to specific flight operations rather than more general federal authorization. SENATE AMENDMENT 4 (012443) includes in the definition of "critical infrastructure facility" a manufacturing facility that utilizes any hazardous substance, rather than only those manufacturing facilities that use combustible chemicals, either in storage or in the process of manufacturing. HOUSE AMENDMENT 1 (012936) adds that a person commits the offense of unlawful capture of an image if the person, without the business operator's written consent, knowingly uses an unmanned aircraft within 250 feet of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance or gathering evidence of the infrastructure. Defines "critical infrastructure facility." Provides that an aircraft is not prohibited from operating in compliance with authorization by the Federal Aviation Administration.

Fiscal Note (Dated January 30, 2016) NOT SIGNIFICANT

Senate Status 03/28/2016 - Senate concurred in House amendment 1.

House Status 03/17/2016 - House passed with amendment 1.

Executive Status 04/12/2016 - Signed by governor.

Position Monitor


SB2108 / HB2060 Requirements for certified real estate appraisers.


Category Professions & Licensure

Sponsors Sen. Jack Johnson / Rep. Glen Casada

Description Authorizes state licensed or certified real estate appraisers to comply with a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice (USPAP) when performing an appraisal for any purpose other than a federally related transaction. Authorizes the Tennessee real estate appraisers commission to promulgate rules to effectuate this bill.

Fiscal Note (Dated February 7, 2016) NOT SIGNIFICANT

Senate Status 02/09/2016 - Taken off notice in Senate Commerce & Labor Committee.

House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee.

Position Oppose


SB2112 / HB2548 Continuing education training for board of zoning appeals members.


Category Property & Housing

Sponsors Sen. Jack Johnson / Rep. Kelly Keisling

Description Increases the minimum continuing education training required for board of zoning appeals members from four hours per year to five hours per year. Broadly captioned.

Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.

House Status 01/27/2016 - Referred to House Local Government Subcommittee.

Position Monitor


SB2132 / HB2162 Property tax relief for disabled veterans - annual income limits.


Category Taxes Property

Sponsors Sen. Paul Bailey / Rep. John Mark Windle

Description Removes the annual income limit of $60,000 for disabled veterans seeking property tax relief. Increases disabled veteran's reimbursement amount from $100,000 to $175,000 of the full market value of the property.

Fiscal Note (Dated March 8, 2016) Increase State Expenditures – $4,793,800

Senate Status 03/30/2016 - Taken off notice in Senate State & Local Government Committee.

House Status 03/30/2016 - Taken off notice in House Local Government Subcommittee.

Position Monitor


SB2134 / HB2339 Requires scrap metal dealers pay a biennial fee of $500


Category Professions & Licensure

Sponsors Sen. Paul Bailey / Rep. Kent Calfee

Description Requires each location used by a scrap metal dealer who is required to register to pay a biennial fee of $500 to the Tennessee motor vehicle commission in addition to the current biennial fee required for a motor vehicle dismantler and recycler.

Amendment Senate amendment 1 (011871) deletes all language of the original bill. Requires each location used by a scrap metal dealer to pay to the Department of Commerce and Insurance a biennial fee of $500, accompanying such location's application for licensure or renewal of a license. Requires the proceeds of such fee, after any expenses associated with the collection and processing of such payments, including payments of any administrative costs back to the Regulatory Boards Division, to be transferred to the General Fund. Establishes that the biennial fee will only be imposed until June 30, 2017.

Fiscal Note (Dated February 22, 2016) Increase State Revenue – $71,500/One-Time

Senate Status 03/24/2016 - Senate passed with amendment 1.

House Status 03/28/2016 - House passed.

Executive Status 04/12/2016 - Signed by governor.

Position Support


SB2135 / HB1732 Fees for scrap metal dealers.


Category Transportation Vehicles

Sponsors Sen. Paul Bailey / Rep. Cameron Sexton

Description Requires each location used by a scrap metal dealer to pay a biennial fee of $500 to the Tennessee Motor Vehicle Commission before registration or renewal in addition to the current biennial fee required for a motor vehicle dismantler and recycler.

Fiscal Note (Dated February 23, 2016) Increase State Revenue – $71,500/One-Time

Senate Status 03/15/2016 - Senate Commerce & Labor Committee deferred to 03/22/16.

House Status 01/26/2016 - Referred to House Business & Utilities Subcommittee.

Position Support


SB2164 / HB2491 TN financial literacy program - info on home mortgages.


Category Education

Sponsors Sen. Reginald Tate / Rep. Harold Love Jr.

Description Requires the Tennessee financial literacy commission to include information in educational programs designed to improve understanding of mortgages, home-buying tax incentives, and the home-buying process. Broadly captioned.

Amendment House Education Instructions and Programs Subcommittee Amendment 1 (014206) requires all teachers on any reemployment list to be considered for any vacant position that the teacher is certified to fill. HOUSE EDUCATION INSTRUCTIONS AND PROGRAMS SUBCOMMITTEE AMENDMENT 2 provides that all teachers on any reemployment list be notified of any vacant positions that the teacher is certified to fill.

Fiscal Note (Dated February 29, 2016) NOT SIGNIFICANT

Senate Status 03/23/2016 - Taken off notice in Senate Education Committee.

House Status 03/22/2016 - Taken off notice in House Education Instruction and Programs Committee.

Position Support


SB2173 / HB2235 Time frame for abatement of blighted property.


Category Property & Housing

Sponsors Sen. Reginald Tate / Rep. Barbara W. Cooper

Description Increases the period of time in which the owner of property determined to be blighted or deteriorated has to abate the conditions from 90 days to 115 days. Broadly captioned.

Fiscal Note (Dated February 16, 2016) NOT SIGNIFICANT

Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.

House Status 02/17/2016 - Taken off notice in House Local Government Subcommittee.

Position Monitor


SB2177 / HB2484 Tennessee Brownfield Redevelopment Tax Credit Act of 2016.


Category Taxes Property

Sponsors Sen. Reginald Tate / Rep. Raumesh Akbari

Description Enacts the "Tennessee Brownfield Redevelopment Tax Credit Act of 2016." Allows any qualified business to receive a Tennessee brownfield redevelopment tax credit equal to $4,500 for each qualifying job created. Defines "qualified business" to mean a new or existing business located on a brownfield site. Requires the qualified business to file a business plan with the commissioner of revenue in order to qualify for the credit. Also requires the qualified business to create at least ten qualifying jobs in order to qualify for the credit.

Amendment House Agriculture & Natural Resources Committee Amendment 1, Senate Finance Revenue Subcommittee Amendment 1 (013671) adds language to the original bill that limits the F&E tax credits authorized under this Act to two qualified businesses per county, located on brownfield sites in counties with a population of more than 300,000. Establishes that such credits are subject to approval by the respective county legislative body and the Commissioner of the Department of Economic and Community Development.

Fiscal Note (Dated February 7, 2016) Decrease State Revenue – Exceeds $3,195,000/FY17-18 and Subsequent Years

Senate Status 04/14/2016 - Set for Senate Finance, Ways & Means Committee 04/18/16.

House Status 04/14/2016 - Set for House Finance Subcommittee - Behind the Budget Calendars 04/18/16.

Position Monitor

SB2183 / HB1907 Traumatic brain injury residential homes - requirements.

Category Health Care

Sponsors Sen. Rusty Crowe / Rep. Matthew Hill

Description Removes the limitation of no more than eight persons from the definition of traumatic brain injury residential homes. Clarifies that any nonprofit traumatic brain injury residential home operating since 1992 and receiving an annual appropriation from the state has six (6) months from the effective date of this act to be licensed by the board for licensing healthcare facilities.

Amendment Senate Amendment 1 (012597) deletes and rewrites the bill such that the only substantive change is to establish that a TBIRH is a "facility," rather than a "single-family residence."

Fiscal Note (Dated February 1, 2016) NOT SIGNIFICANT

Senate Status 03/09/2016 - Senate passed with amendment 1.

House Status 04/14/2016 - House passed.

Executive Status 04/14/2016 - Sent to the speakers for signatures.

Position Monitor

SB2226 / HB1918 Continuing education requirements for auctioneers.

Category Professions & Licensure

Sponsors Sen. Steve Southerland / Rep. Marc Gravitt

Description Exempts auctioneers age 60 or older from all continuing education requirements only if the auctioneer has been licensed for 10 years or longer or licensed prior to July 1, 1999.

Amendment House Amendment 1 (011755) deletes and replaces Section 1 of the bill such that the amended bill exempts from continuing education requirements any auctioneer who is at least 60 years of age and has been licensed for 10 years or longer, or has been licensed since July 1, 1999.

Fiscal Note (Dated January 30, 2016) NOT SIGNIFICANT

Senate Status 03/21/2016 - Senate passed.

House Status 02/29/2016 - House passed with amendment 1.

Executive Status 04/07/2016 - Signed by governor.

Position Support

SB2227 / HB1810 State-owned surplus property to be disposed of at auction.

Category Property & Housing

Sponsors Sen. Steve Southerland / Rep. Marc Gravitt



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