Realtor Bill Track Report
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Fiscal Note (Dated February 29, 2016) Increase Local Revenue – Exceeds $1,500/Permissive Senate Status 04/13/2016 - Senate passed with amendment 1. House Status 04/14/2016 - Set for House Floor Regular Calendar 04/18/16. Position Monitor SB2386 / HB2000 Hall income tax credit for donation to school. Category Taxes General Sponsors Sen. Mike Bell / Rep. Jimmy Matlock Description For tax years beginning on or after January 1, 2017, establishes a Hall income tax credit equal to 100 percent of the value of a donation made by a taxpayer to any public, private, or home school, LEA, school support organization, or charitable school foundation; limits credit to $50,000 per taxpayer in any tax year. Fiscal Note (Dated February 15, 2016) Decrease State Revenue – $17,930,300/FY17-18 and Subsequent Years Increase Local Revenue – Net Impact – $4,131,400/FY17-18 and Subsequent Years Senate Status 02/23/2016 - Failed in Senate Finance Revenue Subcommittee after adopting amendment 1. House Status 01/27/2016 - Referred to House Finance Subcommittee. Position Monitor
SB2389 / HB2068 Clarifies agency power under UAPA. Category Government Regulation Sponsors Sen. Mike Bell / Rep. Martin Daniel Description Specifies that administrative agencies shall have no inherent, general, or common law powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions. Clarifies that agency powers under the UAPA are to be narrowly construed. Increases burden of agencies by requiring them to prove, by clear and convincing evidence, that administrative rules conform to certain specific criteria. Amendment House amendment 1 (013021) deletes the language in the bill requiring the UAPA to be "narrowly construed"'; Adds the words "in their totality" to the language requiring the agencies to justify the rule by convincing evidence, referring to the factors set out in subsection (e); Adds "whether" to subsection (e) for grammatical purposes; And adds a ninth factor; an agency has the burden of proving; which is "whether the rule exceeds the mandatory minimum requirements of any relevant federal law or rule". HOUSE AMENDMENT 2 (014819) deletes and rewrites the bill such that the only substantive changes are: (1) to place the burden of persuasion solely within the discretion of the Tennessee General Assembly in conducting a review hearing; (2) to remove the 14-day requirement for notices prior to public hearings; and (3) to add "whether the rule exceeds the mandatory minimum requirements of any relevant federal law or rule" to the list of factors that the agency has the burden of demonstrating as part of the review of agency rules. Fiscal Note (Dated February 8, 2016) NOT SIGNIFICANT Senate Status 03/31/2016 - Senate passed. House Status 03/30/2016 - House passed with amendments 1 & 2. Executive Status 04/07/2016 - Sent to governor. Position Monitor
SB2397 / HB2401 Foreclosure on lien against condo unit owner. Category Property & Housing Sponsors Sen. Doug Overbey / Rep. Ron Travis Description Revises the notice provisions pertaining to a condominium association to say that notice of foreclosure must be given to the unit owner, lienholders, other interested parties, or the nominee of record of any of the three. Provides that notice is sufficient if sent to the unit owner at the unit or the last address on file, or if to a lienholder or other interested party, to the address in the record or on file. Provides that the association is entitled to proceeds from the sale up to the extent of the common expense assessment, but not exceeding one percent of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust. Requires that the deed be properly recorded for perfection to occur. Amendment House amendment 1 (014969) makes the bill. Makes various changes to current TCA statutes relative to liens against condominium unit owners. Clarifies that the recording of a declaration constitutes record notice of the lien, and a lien for any delinquent assessment under this section up to the priority in payment provided in (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment is perfected by recording it in the lien book in the register of deeds office in the county where the real property is located. Provides the lien shall not have the priority provided over mortgages and deeds if the owner of the unit or the holder of any mortgage or deed of trust on the unit has provided notice in writing to the association and the association has failed to give written notice of the delinquency to the holder of the first mortgage or deed of trust at the address provided by the party. Fiscal Note (Dated March 7, 2016) NOT SIGNIFICANT Senate Status 04/07/2016 - Senate passed. House Status 04/04/2016 - House passed with amendment 1. Executive Status 04/12/2016 - Sent to governor. Position Support
SB2406 / HB2217 Petitions to agencies to adopt, amend or repeal rules. Category Government Regulation Sponsors Sen. Jeff Yarbro / Rep. Barbara W. Cooper Description Increases the number of interested persons necessary to petition an agency requesting the adoption, amendment, or repeal of a rule from five or more to ten or more. Broadly captioned. Fiscal Note (Dated February 11, 2016) NOT SIGNIFICANT Senate Status 01/25/2016 - Referred to Senate Government Operations Committee. House Status 03/01/2016 - Taken off notice in House Government Operations Committee. Position Monitor
SB2417 / HB1850 Green infrastructure practices to be used in certain sewer systems. Category Environment & Nature Sponsors Sen. Jeff Yarbro / Rep. Darren Jernigan Description Authorizes the use of green infrastructure practices within areas containing collecting systems designed to convey sanitary sewage and storm water, and clarifies that such practices may be implemented on both public and private property at the discretion of the incorporated city or town. Fiscal Note (Dated February 26, 2016) Increase Local Revenue – Exceeds $5,000/Permissive Decrease Local Expenditures – Net Impact - Exceeds $5,000/Permissive Senate Status 03/14/2016 - Senate passed. House Status 03/28/2016 - House passed. Executive Status 04/12/2016 - Signed by governor. Position Monitor SB2428 / HB2242 Annexation by resolution. Category Local Government Sponsors Sen. Rusty Crowe / Rep. James (Micah) VanHuss Description Removes the requirement that only certain counties, those having a population, according to the most recent decennial census, that is greater than 44.5 percent and 50,000 of its population in the preceding decennial census, may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality provided certain conditions are met. Senate Status 03/29/2016 - Taken off notice in Senate State & Local Government Committee. House Status 03/23/2016 - Taken off notice in House Local Government Subcommittee. Position Monitor SB2467 / HB2549 Consumer protection- failing to include mandatory costs and fees. Category Commercial Law Sponsors Sen. Brian K. Kelsey / Rep. Jeremy Durham Description Makes misrepresenting the total price of goods or services in an advertisement, including, but not limited to, failing to include mandatory costs and fees in the advertisement when representing the price for which the goods or services are offered an unfair or deceptive act under the Consumer Protection Act of 1977. Senate Status 03/22/2016 - Senate Commerce & Labor Committee deferred to summer study. House Status 03/23/2016 - House Consumer & Human Resources Committee deferred to summer study. Position Monitor SB2471 / HB2473 Hearings regarding violations by scrap metal dealer. Category Professions & Licensure Sponsors Sen. Janice Bowling / Rep. Judd Matheny Description Increases from ten to 12 the number of days within which a scrap metal dealer may request a hearing concerning a determination of violation issued by the commissioner of commerce and insurance. Broadly captioned. Amendment House Amendment 1 (014933) establishes that a motor vehicle dealer's license is not required for a person to sell a motor vehicle to a licensed motor vehicle dismantler and recycler, a scrap metal dealer, or a scrap metal processor, if such vehicle is being sold solely for recycling, dismantling, or scrap, and if the vehicle has been designated by the seller as a non-repairable vehicle. Senate Status 04/11/2016 - Senate passed. House Status 04/07/2016 - House passed with amendment 1. Executive Status 04/11/2016 - Sent to the speakers for signatures. Position Monitor SB2476 / HB2282 Hunting on land without owner's consent. Category Environment & Nature Sponsors Sen. Thelma Harper / Rep. Sherry Jones Description Extends to private lands the present law prohibition against hunting on public lands within 100 yards of a dwelling without the owner's consent. 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 SB2477 / HB2281 Allows for counties to appeal municipal planning commission decisions Category Local Government Sponsors Sen. Thelma Harper / Rep. Sherry Jones Description Extends to all counties, not just Hamilton and Knox, the authorization to appeal municipal planning commission decisions to the chief legislative body of the municipality having jurisdiction over zoning matters. Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee. House Status 01/27/2016 - Referred to House Local Government Subcommittee. Position Support SB2511 / HB2186 Economics textbooks to contain info on student loans and mortgages. Category Education Sponsors Sen. Dolores R. Gresham / Rep. Timothy Hill Description Encourages LEAs to select textbooks for economics that contain information about student loans and home mortgages, in addition to other information on personal finances. Senate Status 03/16/2016 - Taken off notice in Senate Education Committee. House Status 01/27/2016 - Referred to House Education Instruction and Programs Subcommittee. Position Support SB2534 / HB2569 Revises requirements for certain professionals. Category Professions & Licensure Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Revises various provisions regarding cemetery owners and companies, architects, insurers, shops licensed by the board of cosmetology and barber examiners, funeral directors, real estate firms, real estate brokers, affiliate brokers, time-share salespersons, and acquisition agents, as follows: (1) Present law authorizes a cemetery owner to charge an administrative or documentation fee of up to $100 to any noncemetery personnel seeking to install a commodity or to have a commodity installed by the cemetery company. The fee charged has to be the same amount charged to all cemetery customers, including those customers who purchase the commodity from the cemetery company charging the fee. The cemetery owners may not charge any other fees related to any noncemetery personnel seeking to install a commodity, other than the administrative or documentation fee, installation, and memorial care. Revises the above provision to clarify that a cemetery owner may charge an administrative, processing, or documentation fee of up to $100 per agreement or transaction, including, but not limited to, allowing noncemetery personnel to install or have installed a commodity or monument. (2) This bill requires any cemetery company that sells funeral merchandise to maintain a price list for that funeral merchandise, which will be provided to any person who inquires about funeral merchandise or the price of such merchandise. (3) Present law authorizes the commissioner of commerce and insurance to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations, and permits via the Internet. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations, and permits by mail or in person. The fee may not exceed the actual costs incurred in issuing or renewing a license, registration, or permit on the Internet. This bill revises this provision to authorize the commissioner to establish such a convenience fee regardless of the method of issuance or renewal (via Internet or otherwise). (4) Present law authorizes the state board of examiners for architects and engineers to issue a certificate of registration as an architect, engineer, registered interior designer, or landscape architect to any person who holds a like unexpired certificate of qualification or registration issued to the person by any state, territory, or possession of the United States or of any country, if the applicant's qualifications meet the requirements of this state's laws and the rules established by the board. This bill adds authorization for the board to issue a certificate of registration as an architect to any person whose qualifications do not meet the requirements of this state or the rules established by the board if that person: holds a like unexpired certificate of qualification or registration issued to such person by any state, territory, or possession of the United States or by any country; holds an unexpired national certificate issued by the national council of architectural registration boards; and presents proof of the certificates upon application to the board. The issuance of a certificate of registration pursuant to this provision will be at the sole discretion of the board's determination that the applicant has qualifications suitable to be issued a certificate of registration in this state. (5) Under present law, it is unlawful to operate a barber shop or barber styling shop unless it is, at all times, under the direct supervision and management of a master barber. Also, present law requires each cosmetology shop to have a managing cosmetologist who is at least 18 years of age; each manicure shop to have a managing manicurist who is at least 18 years of age; and each skin care shop to have a managing aesthetician who is at least 18 years of age. This bill rewrites these provisions and instead requires that each shop licensed by the board of cosmetology and barber examiners designate a manager. The shop must submit the name and license information of its manager upon application and renewal. Under this bill, it will be unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager will be responsible for the shop's compliance with state law and rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. Specifies that the manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager may only practice within the field that the person is licensed. Defines "designated manager" as a barber or cosmetologist licensed in at least one discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager. Present law defines "manager" as a managing cosmetologist, managing manicurist or managing aesthetician. This bill redefines "manager" as a barber or cosmetologist licensed in at least one discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. (6) This bill clarifies that even if a cosmetology shop passes the required inspection for initial issuance of a license or relocation, the application may still be denied if other requirements of law or rule are not met. (7) Generally under present law, an applicant for licensure as a funeral director must submit proof of completion of two years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. This bill adds that an associate's degree from a college accredited by the American board of funeral service education may be substituted for one year of apprenticeship. (8) Under present law, upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license. Present law provides that temporary retirement will not be permitted unless all educational requirements of present law have been completed; this bill removes this provision. (9) Under present law, upon written request accompanied by the broker's or affiliate broker's license, the proper form and the change of status fee, any real estate broker or affiliate broker who is ineligible for temporary retirement may be placed in inactive status. This bill removes this provision for inactive status, and provides that any license in active status on this bill's effective date (July 1, 2016) will be transferred to retirement status. Under present law, a licensee wishing to reactivate a license from an inactive or retirement status must submit the proper form and pay the fee for a change of status. This bill removes the reference to inactive status from this provision, and this bill prohibits the reactivation of a temporarily retired license until the licensee provides proof of completion of 16 classroom hours in real estate courses during the current license renewal period. Under present law, any law or rule or regulation that has the effect of prohibiting reinstatement or reactivation of a license upon the payment of the applicable fees and penalties does not apply to any person who has retired the person's license or who has been placed in inactive status if the following conditions are applicable: (1) The person's license was revoked, suspended, or downgraded while the license was retired or in inactive status merely because the educational requirements were not completed within the required time; (2) The educational requirements were completed within two years from the date the license was retired or placed in inactive status and all additional educational requirements, if any, have been met; and (3) The reinstatement fees and penalties are paid. Under present law, if all of the above conditions are met, the license of the person is reactivated. This bill deletes these provisions for reactivation (10 pp.). Amendment Senate Amendment 1 (012809) adds language to the original bill that (1) increases the price per square foot by $0.03, from $0.23 to $0.26, that a cemetery owner may charge a lot owner in a cemetery for installation of a commodity; (2) prohibits the installation of the commodity by noncemetery personnel; and (3) states that if the price exceeds $0.26 per square foot, the lot owner may utilize noncemetery personnel for installation of the commodity. Fiscal Note (Dated February 23, 2016) Increase State Revenue – $200/FY16-17/Board of Architectural and Engineering Examiners $400/FY16-17/General Fund $200/FY17-18/Board of Architectural and Engineering Examiners $800/FY17-18/General Fund $300/FY18-19 and Subsequent Years/ Board of Architectural and Engineering Examiners Exceeds $1,200/FY18-19 and Subsequent Years/General Fund HB 2569 -
Senate Status 03/28/2016 - Senate passed with amendment 1. House Status 04/07/2016 - House passed. Executive Status 04/13/2016 - Sent to governor. Position Monitor
SB2535 / HB1533 Field inspections by state fire marshal. Category Government Regulation Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Allows the state fire marshal to require and perform field inspections in lieu of requiring a review and approval of plans and to create a schedule of fees sufficient to cover the costs of the inspections. Allows the fire marshal to assess a fee in situations where an inspection was untimely requested and unable to be performed. Prohibits the fee from exceeding $200. Part of Administration Package. Fiscal Note (Dated February 9, 2016) Increase State Revenue - $4,800/State Fire Marshal’s Office The Governor’s proposed budget for FY16-17, on page A-40, recognizes non- recurring revenue of $4,800 and recurring revenue of $4,800; both to the State Fire Marshal’s Office. Senate Status 03/08/2016 - Taken off notice in Senate Commerce & Labor Committee. House Status 03/08/2016 - Taken off notice in House Business & Utilities Subcommittee. Position Monitor
SB2538 / HB2570 Rural Economic Opportunity Act of 2016. Category Taxes Business Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Enacts the "Rural Economic Opportunity Act of 2016." Authorizes a job tax credit for qualified business enterprises located in tier 4 enhancement counties. Creates a tier 4 enhancement county based on unemployment, per capita income, and poverty levels that does the following: (1) reduces the number of qualified jobs that must be created in order to receive a job tax credit from 25 to 20 for an enterprise located in a tier 3 enhancement county and from 25 to 10 for an enterprise located in a tier 4 enhancement county; (2) Extends the additional credit to an enterprise located in a tier 4 enhancement county, for a period of five years beginning with the first tax year in which the qualified business enterprise applies the credit; provided, that the enterprise meets the requirements for a job tax credit under present law; (3) Extends the additional tax credit to an enterprise located in an area designated as an adventure tourism district that is located in a tier 4 enhancement county, for a period of five years beginning with the first tax year in which the enterprise applies the credit. In order to receive the additional annual credit the enterprise must create at least 10 qualified jobs; and (4) Grants an enterprise located in a tier 4 enhancement county five years to create the minimum number of qualified jobs necessary to receive the job tax credit. Establishes the propelling rural economic progress (P.R.E.P.) fund. Establishes the PREP fund as a separate account in the general fund. Provides that fund will be composed of funds appropriated by the general assembly and gifts, grants, and other donations received by the department of economic and community development. Stipulates that monies in the fund will be awarded as grants to counties where the grants will have a direct impact on employment and investment opportunities in the future, as determined by the commissioner of economic and community development. Provides that commitments made by the commissioner of finance and administration for grants from the PREP fund must not exceed the appropriations made for the purposes of the program. Requires actual expenditures and obligations at end of fiscal year not exceed any available reserves and appropriations of the programs. Permits grants from the PREP fund to be: (1) made only to local governments or their economic development organizations, other political subdivisions of the state, any subdivision of state government, or to not-for-profit organizations; and (2) used to facilitate economic development activities in rural areas or in a manner that directly impacts rural areas. Part of Administration Package. Directory: wp-content -> uploads -> 2016 2016 -> 2017 afoCo Landmark Scholarship Program 2016 -> Instructions for the Preparation of Camera-Ready Contributions to the Conference Proceedings 2016 -> Step student Scholarships for Year 10-13 2016 -> The united church of canada 2016 -> Idan raichel biography – May 2016 Brief Producer, keyboardist, Lyricist, composer and Performer Idan Raichel 2016 -> An introduction to centre’s interventions expanding access to justice 2016 -> Sanchar Shakti 2016 -> Unit analysis should help here. We want number of bananas 2016 -> The Autobiography of Elder Joseph Bates 2016 -> The Great Heat and the Rhode Island Deep Water Bay Scallop (Argopecten irradians) Fishery 1875-1905 Download 320.6 Kb. Share with your friends:
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