Realtor Bill Track Report
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Description Requires all state-owned surplus property, either real or personal, be disposed of at a public auction conducted by an auctioneer licensed by the Tennessee auctioneer commission who is selected through a competitive bid process. Fiscal Note (Dated February 1, 2016) Increase State Expenditures – Exceeds $9,000 Senate Status 03/22/2016 - Senate State & Local Government Committee deferred to 03/29/16. House Status 03/15/2016 - Failed in House Business & Utilities Subcommittee. Position Support
SB2268 / HB2388 Arbitration in causes of action arising out of consumer contracts. Category Commercial Law Sponsors Sen. Mae Beavers / Rep. Mike Carter Description Prohibits arbitration in causes of action arising out of a consumer contract that was entered into or renewed on or after July 1, 2016. Defines "consumer contract" to mean a writing prepared by a seller and signed by a consumer that provides for the sale or lease of goods or services that are purchased primarily for personal, family or household purposes or the extension of credit for which the proceeds are used primarily for personal, family, or household purposes. Fiscal Note (Dated February 17, 2016) NOT SIGNIFICANT Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 03/02/2016 - Taken off notice in House Civil Justice Subcommittee. Position Monitor
SB2273 / HB2146 Possession of firearm regardless of permit. Category Criminal Law Sponsors Sen. Mae Beavers / Rep. Rick Womick Description Allows carrying a firearm or weapon, openly or concealed, regardless of whether the person has a handgun permit, unless a person is otherwise prohibited by law to possess a firearm or weapon. Creates the requirement for gun dealers to provide firearm transferees general information addressing state law regarding firearms ownership and firearms training. Revises the offense regarding carrying a weapon in any public or private school building or bus; on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, college, or university board of trustees, regents, or directors for the administration of any public or private educational institution, to make the prohibition applicable only to public K-12 schools and only to those public K-12 structures used for education purposes. Requires posting regarding the prohibition. Authorizes private schools to prohibit weapons by posting such prohibition. Revises the present law defenses regarding carrying a weapon on school property. Deletes the present law provisions whereby it is an offense to possess or carry, whether openly or concealed, with the intent to go armed, any prohibited weapon in or on the grounds of any public park, playground, civic center, or other building facility, area or property owned, used, or operated by any municipal, county, or state government, or instrumentality thereof, for recreational purposes. Rewrites the present law provisions governing the transport and storage of a firearm or firearm ammunition in a permit holder's motor vehicle while on or utilizing any public or private parking area under certain circumstances to instead provide, with limited exceptions, that a person who legally possess a firearm, firearm ammunition, or firearm accessory may transport and store the items in a motor vehicle while on or utilizing any public or private street, access road, driveway, or parking area. Specifies that the items may be removed or handled in the case of self-defense or defense of others. Prohibits adverse action being taken against a person exercising their rights under these provisions regarding transportation and storage. Retains portions of the present law provisions regarding handgun carry permits, but makes provisions permissive. Requires the gun dealer to deliver, additionally to existing conditions, at or before the time that the dealer transfers a firearm to certain transferees, written information generally addressing at a minimum the existence of available information regarding firearms ownership, information concerning state laws generally addressing the ownership of firearms, and the existence of available firearms training. (16 pp.) Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 01/27/2016 - Referred to House Civil Justice Subcommittee. Position Monitor SB2277 / HB2089 Creates a domestic violence offender registry. Category Criminal Law Sponsors Sen. Sara Kyle / Rep. G.A. Hardaway Description Creates a domestic violence offender registry to be maintained by the TBI and based upon information supplied to the bureau by the court clerks. Requires the registry to be made available for public inquiry on the internet. Amendment House Criminal Justice Committee Amendment 1 (014930) authorizes the County Clerk of Shelby County to establish on its website a registry on which information about domestic violence offenders shall be posted. Fiscal Note (Dated February 6, 2016) Increase State Expenditures – $629,900/One-Time $132,900/Recurring Increase Local Expenditures – Exceeds $2,375,000/Recurring* Senate Status 04/12/2016 - Taken off notice in Senate Judiciary Committee. House Status 04/14/2016 - Set for House Finance Subcommittee- Calendar 2 04/19/16. Position Support SB2300 / HB1932 Expands the applicability of the Neighborhood Preservation Act. Category Property & Housing Sponsors Sen. Sara Kyle / Rep. Mark White Description Expands the applicability of the Neighborhood Preservation Act to certain occupied buildings and residential properties by authorizing a person to bring a civil action against the owner of an occupied building or property that is not properly maintained or that fails to comply with certain ordinances or regulations. Fiscal Note (Dated February 9, 2016) NOT SIGNIFICANT Senate Status 03/21/2016 - Senate passed. House Status 02/25/2016 - House passed. Executive Status 04/07/2016 - Signed by governor. Position Support SB2307 / HB2455 Violations of Consumer Protection Act - requesting of social. Category Commercial Law Sponsors Sen. Sara Kyle / Rep. Joe Towns Jr. Description Makes requesting a person to provide the person's social security number an unfair or deceptive act under the Consumer Protection Act of 1977, unless the request is required by federal or state law or any rule promulgated pursuant to such federal or state law. Senate Status 03/15/2016 - Taken off notice in Senate Commerce & Labor Committee. House Status 01/27/2016 - Referred to House Consumer & Human Resources Subcommittee. Position Monitor SB2311 / HB2365 Sale of firearm requires transaction using licensed dealer. Category Criminal Law Sponsors Sen. Sara Kyle / Rep. Mike Stewart Description Requires all buyers and sellers of firearms to submit to background checks. Prohibits persons from transferring firearms unless the buyer or seller is a licensed gun dealer, or the firearm is delivered to a licensed dealer to effect the transfer. Provides that the licensing requirement does not apply to transfers between immediate family members or domestic partners, antique firearms, transfers for prevention of imminent death or serious bodily harm, law enforcement agencies acting within the scope of their employment, federally licensed gunsmiths, storage at a gun range, organized competition, transfers made upon death. Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 03/23/2016 - Failed in House Civil Justice Subcommittee. Position Monitor SB2314 / HB2515 Termination of lease by victim of sexual assault. Category Property & Housing Sponsors Sen. Sara Kyle / Rep. Jim Coley Description Allows a tenant who is the victim of sexual assault, domestic abuse, or stalking to terminate the tenant's lease under certain circumstances and gives the landlord a right of action against the perpetrator for damages due to broken lease. Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee. House Status 03/15/2016 - Taken off notice in House Business & Utilities Subcommittee. Position Oppose SB2317 / HB2274 Radon concentrations in dwelling - disclosure. Category Property & Housing Sponsors Sen. Sara Kyle / Rep. Johnnie Turner Description Requires, with certain exceptions, a seller of residential real property to disclose in writing to the buyer of the property information relating to radon concentrations in the dwelling. A seller may satisfy the disclosure requirements by providing a written disclosure to a licensed real estate broker or affiliate broker representing or assisting a prospective buyer. Fiscal Note (Dated February 12, 2016) NOT SIGNIFICANT Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee. House Status 02/23/2016 - Failed in House Business & Utilities Subcommittee. Position Oppose
SB2325 / HB2435 Termination of rental agreement by victim of sexual assault. Category Property & Housing Sponsors Sen. Sara Kyle / Rep. Barbara W. Cooper Description Allows a tenant to terminate a lease or rental agreement provided that the tenant provides notice and documentation that the tenant or a household member is a victim of domestic abuse, sexual assault, or stalking. Specifies (1) that documentation can be a valid order of protection found by a court or a written report from a domestic abuse or domestic violence shelter, rape crisis center, family safety center, or child abuse agency, signed by the director or another authorized official. Specifies (2) that the notice must be a mutually agreed upon release date within the next 30 days from the date of the written notice. Specifies that a perpetrator of certain offenses remains liable for rent and damages under a lease or rental agreement even if the perpetrator is ordered to vacate the premises by a protection order. Senate Status 03/15/2016 - Senate Commerce & Labor Committee deferred to 03/22/16. House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee. Position Oppose SB2340 / HB2314 Criminal violations for a metals recycling facility - notice. Category Criminal Law Sponsors Sen. Brian K. Kelsey / Rep. Antonio Parkinson Description Increases the size requirements of the posted notice regarding criminal violations for a metals recycling facility. Broadly captioned. Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 01/27/2016 - Referred to House Criminal Justice Subcommittee. Position Support SB2348 / HB1959 Disclosure of property being located on private road. Category Property & Housing Sponsors Sen. Steven Dickerson / Rep. Bo Mitchell Description Requires a seller to disclose if residential property is located on a private road. Defines "private road" to mean a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by any other members of the public. Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee. House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee. Position Support SB2352 / HB2084 Enacts "Property Assessed Clean Energy Act." Category Energy & Mining Sponsors Sen. Steven Dickerson / Rep. Bill Dunn Description his bill authorizes local governments to establish a property assessed clean energy (PACE) program to provide financing for a qualified project to an owner of commercial, industrial, or residential real property. A "qualified project" is the installation or modification of a permanent improvement fixed to real property and intended to decrease or offset water or energy consumption or demand and includes the installation or modification of a product, device, or interacting group of products or devices that use energy technology to generate electricity, provide thermal energy, regulate temperature, or increase energy efficiency. Under this bill, a local government may designate a region within its jurisdiction in which the government may enter into a written agreement with a property owner of record in order to provide financing to the owner for a qualified project. Financing provided pursuant to this bill may be used for certain expenses specified by this bill, including materials, labor, and permit fees. The owner's property will be assessed pursuant to the PACE agreement in order to repay the financing provided for the qualified project. A local government may administer and finance a program or may delegate the administration or financing or both to a qualified third party. A local government may issue bonds or notes in order to finance a qualified project through contractual assessment. Such bonds or notes may not be general obligations of the local government and must be secured by payments of contractual assessments on benefited property. After a qualified project is completed, the local government must obtain verification that the project was properly completed and is operating as intended. A verification of energy efficiency by TVA or a local power company will satisfy the verification requirement. This bill prohibits a local government from imposing a PACE assessment to provide financing for the following: (1) Facilities for undeveloped lots or lots undergoing development at the time of the assessment; or (2) The purchase or installation of products or devices not permanently fixed to real property. Notice of each contractual assessment entered into pursuant to this bill must be filed with the register of deeds of the county in which the property is located. A contractual assessment and any interest or penalties on the assessment is a first and prior lien against the property on which the assessment is imposed and has the same priority status as for any other ad valorem tax, with certain exceptions. Such lien will run with the land and may not be eliminated by foreclosure of a property tax lien. The local government must provide notice to each lien holder of record of the owner's intention to participate in the PACE program. This bill details the procedure by which a local government may establish or amend its PACE program, including a period of public hearing and comment. Authorizes a local government to hire a program administrator and program staff, or delegate or contract for professional or administrative services necessary to administer a PACE program. A local government may impose fees to offset the costs of administering the program; however, this bill only authorizes fees to be imposed on property owners participating in the PACE program. Fiscal Note (Dated February 29, 2016) Increase Local Revenue – Exceeds $5,000/Permissive/Each PACE Project Increase Local Expenditures – Exceeds $5,000/Permissive/Each PACE Project Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee. House Status 03/09/2016 - House Agriculture & Natural Resources Subcommittee deferred to summer study. Position Monitor
SB2354 / HB2295 Prohibits the issuance of a permit to conduct surface mining Category Energy & Mining Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Adds limestone to the definition of "mineral." Prohibits the commissioner from issuing a permit to conduct surface mining on land located within 2,000 feet of a park or community education center, 500 feet of any other property line, 1,200 feet of a residential structure, or one mile of a dam operated by United States Army Corps of Engineers. Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee. House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee. Position Monitor SB2356 / HB2293 Prohibits certain operations relating to rock quarries Category Energy & Mining Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Prohibits the issuance of a permit in relation to the operation of a rock quarry on land that is located within 2,000 feet of a property line of a park or community education center, 500 feet of any other property line, or 1,250 feet of a residential structure. Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee. House Status 03/15/2016 - Failed in House Agriculture & Natural Resources Subcommittee. Position Monitor SB2357 / HB2292 Enacts "Dam Safety Act." Category Energy & Mining Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Creates the "Dam Safety Act" to prohibit the issuance of a permit to conduct surface mining on land that is located within one mile of a dam operated by the U.S. army corps of engineers. Fiscal Note (Dated February 11, 2016) NOT SIGNIFICANT Senate Status 03/07/2016 - Senate Energy, Agriculture & Natural Resources Committee deferred to 03/14/16. House Status 03/08/2016 - Failed in House Agriculture & Natural Resources Subcommittee. Position Monitor
SB2367 / HB2382 Annexation - property used for agricultural purposes. Category Local Government Sponsors Sen. Bo Watson / Rep. Mike Carter Description Defines "property being used primarily for agricultural purposes" for purposes of annexation. Senate Status 03/15/2016 - Senate State & Local Government Committee deferred to 03/22/16. House Status 01/27/2016 - Referred to House Local Government Subcommittee. Position Monitor SB2369 / HB2387 Action for regulatory taking by land owner. Category Local Government Sponsors Sen. Bo Watson / Rep. Mike Carter Description Allows owner of land subject to a regulatory taking to file a petition for a jury of inquest or sue for damages. Requires that reasonable costs, di
Fiscal Note (Dated February 9, 2016) Increase State Expenditures – Exceeds $5,000 Increase Local Expenditures – Exceeds $5,000* Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 02/24/2016 - Taken off notice in House Civil Justice Subcommittee. Position Support
SB2370 / HB2119 Recovery of charges for providing water, wastewater or sewer services. Category Utilities Sponsors Sen. Bo Watson / Rep. Marc Gravitt Description Prohibits a governing body of any city, town, or utility district to recover any charges or penalties for the furnishing of water, wastewater, or sewer services to a tenant from any property owner who is not a party to the tenant's contract for services with the city, town, or utility district. Amendment HOUSE AMENDMENT 2 (014868) deletes all language after the enacting clause. Declares that a water and wastewater treatment authority created in Hamilton County shall not require a property owner, the property owner's agent, or a subsequent tenant to the property to pay or to guarantee the payment of charges, penalties, or other fees owed to the authority incurred by a former tenant of such property owner or agent. Authorizes a water or wastewater authority created in Hamilton County to establish deposits based upon the past usage and payment history of the new tenant and requires the delinquent payment history of a former tenant of the property to not be considered in establishing the amount of the deposit for the new tenant. SENATE ENERGY AGRICULTURE AND NATURAL RESOURCES COMMITTEE AMENDMENT 1 (013759) declares that T.C.A. Title 68, Chapter 221, does not: authorize a water or wastewater authority to recover charges or penalties for the furnishing of water or wastewater service from any person who is not a party to the contract or arrangement for such services with the public entity; or require a landlord or owner of real property to sign a contract or other agreement with the authority in order for a tenant to obtain water or wastewater services. Authorizes a water or wastewater authority to establish a deposit with a person who is party to the contract or agreement based upon the past usage and payment history for the purpose of collecting charges or penalties from such person. States that no water or wastewater treatment authority shall deny water or wastewater services to a tenant for any reason that the authority would not deny such service to any other person or entity. Fiscal Note (Dated February 7, 2016) NOT SIGNIFICANT Senate Status 03/28/2016 - Re-referred to Senate Calendar Committee. House Status 04/06/2016 - House passed with amendment 2. Position Support SB2375 / HB2040 Zoning consideration of temporary family healthcare structures. Category Property & Housing Sponsors Sen. Mike Bell / Rep. Andrew Farmer Description Requires that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are: (1) For use by a caregiver in providing care for a mentally or physically impaired person; and (2) On property owned or occupied by the caregiver as their residence. Provides that temporary family healthcare structures will not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this bill. Requires any person proposing to install a temporary family healthcare structure to first obtain a permit from the local governing body, for which the local government may charge a fee of up to $100. The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this bill. The local government may require that the applicant provide evidence of compliance with this bill on an annual basis as long as the temporary family healthcare structure remains on the property. A temporary family healthcare structure installed pursuant to this bill may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the department of health. No signage advertising or otherwise promoting the existence of the structure will be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property. Any temporary family healthcare structure installed pursuant to this bill must be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this bill. The local governing body, or planning commission on its behalf, may revoke the permit granted if the permit holder violates this bill. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this bill. This bill vests the planning commission with all necessary authority on behalf of the governing body of the locality to ensure compliance with this bill. Amendment Senate amendment 1, House Health Committee amendment 1 (014993) rewrites the bill. Redefines "temporary family healthcare structure." Adds language to the bill that requires the Bureau of TennCare to seek, as part of the plan to expand cost-effective community-based residential alternatives to institutional care, written guidance from the centers for Medicare and Medicaid services regarding whether temporary family healthcare structures may be covered in whole or in part under the Long-Term Care Community Choices Act, and , if so, shall, upon appropriation by the General Assembly, specifically to cover temporary family healthcare structures, seek federal approval of a waiver amendment to offer such benefit to eligible older adults and person with disabilities who chose temporary family healthcare structures in lieu of care in other settings. Clarifies that any waiver approved shall apply only to a person who meets the CHOICES 2 activities of daily living criteria and meets financial eligibility requirements for medical assistance under this chapter and is either a person with a developmental or intellectual disability or an older adult who is related to the owner or occupier of the property. Adds language to enhance the authority of local codes departments relative to the temporary family healthcare structures. 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