Realtor Bill Track Report
Position Monitor SB1675 / HB1428 Requires GPS monitoring for domestic violence offenders
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- SB1678 / HB1695 Requirements for hotel tax. Category
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Position Monitor SB1675 / HB1428 Requires GPS monitoring for domestic violence offenders. Category Criminal Law Sponsors Sen. Sara Kyle / Rep. G.A. Hardaway Description Requires, rather than permits, the use of global positioning monitoring as a condition of bail for any person charged with a domestic violence offense, stalking, or a violation of an order of protection issued pursuant to title 36, chapter 3, part 6. Amendment House Criminal Justice Committee Amendment 1 (015292) creates a pilot program in Shelby County to assess the use and effectiveness of GPS monitoring as a condition of bail when ordered for defendants charged with aggravated assault when the victim is a domestic abuse victim or with criminal attempt to commit first degree murder. Provides that the Memphis Police Department (Memphis PD) will administer the program and report the results to the General Assembly, the Comptroller of the Treasury, and the Administrative Officer of the Courts by January 15, 2020. Fiscal Note (Dated January 26, 2016) Increase Local Expenditures – Exceeds $4,715,300* Senate Status 04/12/2016 - Taken off notice in Senate Judiciary Committee. House Status 04/06/2016 - House Criminal Justice Committee deferred to Summer Study after adopting amendment 1 (015292). Position Support SB1678 / HB1695 Requirements for hotel tax. Category Taxes Business Sponsors Sen. Doug Overbey / Rep. Dale Carr Description For future enactments of or modifications to a hotel tax, increases the period in which a person is considered a transient for hotel tax purposes from less than 30 days to less than 90 days. Requires that at least 80 percent of the occupancy tax collected by the municipality, town or county be used for promotion and development of tourism. 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 SB1692 / HB1527 Judgment of partition - appointment of commissioners. Category Judiciary Sponsors Sen. Mike Bell / Rep. Jimmy Matlock Description Clarifies the appointment of commissioners by the court. Provides that if the parties agree upon three freeholders, those three are to be appointed by the court. States that if no three are agreed upon, the court will randomly select and appoint three freeholders from names submitted by the parties. Amendment House Amendment 1 (013526) provides that three commissioners are to be selected, in a suit for partition of property, by the parties if they can agree, or otherwise by the judge. Requires the commissioners to make recommendations to partition the asset appropriately among the ownership interests of the parties, if it can be done so fairly. Provides that if the commissioners cannot agree on a fair partition, the property is to be sold at auction and the proceeds are to be divided proportionally among all parties. SENATE JUDICIARY AMENDMENT 1 (015149) deletes subsection (a) in its entirety and substitutes instead the following: (a) Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring. Fiscal Note (Dated February 1, 2016) NOT SIGNIFICANT Senate Status 04/15/2016 - Set for Senate Floor Regular Calendar 04/18/16. House Status 03/24/2016 - House passed with amendment 1. Position Monitor SB1701 Real estate appraisers - standard of valuation practice. Category Professions & Licensure Sponsors Sen. Jack Johnson Description Permits state licensed or certified real estate appraisers to comply with a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice when performing an appraisal for any purpose other than a federal-related transaction. Prohibits the Real Estate Appraisers Commission from disciplining an appraiser for a violation of a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice. Senate Status 01/21/2016 - Referred to Senate Commerce & Labor Committee. House Status None Position Oppose SB1716 / HB1650 Gas tax revenues to not be used for non-vehicular purposes. Category Transportation General Sponsors Sen. Todd Gardenhire / Rep. Mike Carter Description Restricts the use of state gasoline tax revenues distributed to the highway fund, counties, and cities to the construction, improvement, and maintenance of highways and bridges. Prohibits the use of such revenue for pedestrian, bicycle, and other non-vehicular facilities. Amendment Senate Finance, Ways & Means Committee Amendment 1, House Transportation Committee Amendment 1 (013220) deletes all language except for the effective date clause. Prohibits gasoline tax revenue distributed to the Highway Fund, counties, and cities from being used for the construction, improvement, or maintenance of pedestrian and bicycle trails and paths, parks, greenways, and similar facilities open to the use of the public for non-vehicular travel, and for public roads with a posted speed limit greater than 35 miles per hour. Such prohibition does not apply to the construction, improvement, or maintenance of sidewalks. For new or reconstructed roads with a proposed posted speed limit of 35 miles per hour or less, prohibits such revenue from being used for the construction of a new dedicated bicycle lane unless the work is part of the larger highway improvement project and the bicycle lane serves a transportation purpose supported by an engineering analysis. Establishes that this bill as amended does not prohibit the state, a county, or a city from receiving or using federal funds for the construction, improvement, maintenance, or operation of nonvehicular facilities, or from using gasoline tax revenue to match any federal-aid funding for such facilities. Further establishes that this bill as amended does not prohibit such entities from using gasoline tax revenue to maintain existing bicycle lanes or to accommodate bicycles in existing bike lanes or on shoulders or via shared lanes, and it does not prohibit the Department of Environment and Conservation from using funds that may be derived through grants from the Department of Transportation or federal programs for recreational trails in state parks. HOUSE FINANCE, WAYS & MEANS COMMITTEE AMENDMENT 1 (015007) adds language to the bill as amended by amendment 013220 to establish that nothing in this Act shall preclude the Tennessee Wildlife Resources Agency from using gasoline tax funds distributed to the Wildlife Resources Fund pursuant to T.C.A. 67-3-901(g) for purposes authorized pursuant to the Tennessee Boating Safety Act of 1965. Fiscal Note (Dated January 26, 2016) Other Fiscal Impact – According to the Department of Transportation, this bill would result in a violation of the Americans with Disabilities Act and the Rehabilitation Act and would jeopardize federal funding from the Federal Highway Administration. The Department anticipates receiving $874,863,555 in FY16-17 and $893,770,525 in FY17-18. Further, the bill could result in a decrease in federal funding available to municipalities. The extent and timing of any such decreases cannot be determined with reasonable certainty. Senate Status 04/14/2016 - Set for Senate Finance, Ways & Means Committee 04/18/16. House Status 04/14/2016 - Taken off notice in House Calendar & Rules Committee. Position Monitor SB1717 / HB2138 Reimbursement of property taxes for disabled veterans. Category Taxes Property Sponsors Sen. Todd Gardenhire / Rep. Kevin Brooks Description Requires general funds from the state to go to the reimbursement of disabled veterans for all or part of their local property taxes on their residence. Defines a disabled veteran as one who suffers from paraplegia or permanent paralysis, who acquired 100 percent disability as a result of serving as a prisoner of war, or who acquired service-connected disability. Provides that these veterans who have an income of less than $30,000 are to be reimbursed by 50 percent. Defines further a disabled veteran as one who acquired 100 percent disability based on individual unemployability from any service-connected cause, and that they are to be reimbursed 100 percent. Clarifies that annual income attributable to a veteran consists of income from all owners of the property, the applicant's spouse, and any member of a remainder or reversion. Removes the requirement that veterans provide proof and documentation of their annual income. Provides that veterans who received a reimbursement for 2015 and veterans who reapply for 2016 and after are not affected. Senate Status 03/14/2016 - Senate State & Local Government Veterans Affairs Subcommittee released with neutral recommendation. Sent to Senate State & Local Government Committee. House Status 03/30/2016 - Taken off notice in House Local Government Subcommittee. Position Monitor SB1736 / HB2033 Posting of land to prevent possession of firearms. Category Criminal Law Sponsors Sen. Dolores R. Gresham / Rep. Jeremy Faison Description Establishes that any person or entity who elects to prohibit the possession of firearms by a person authorized to carry a handgun and posts to prohibit the possession of firearms on the property, the posting entity, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property for purposes of liability. Specifies responsibility of the person or entity posting for the safety and defense of the permit holder shall extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious or wild animals, and defensible man-made and natural hazards. Stipulates that any injury occurring to handgun carry permit holders such as bodily injury or death, economic loss or expense, property damage or any other compensable loss as the result of conduct occurring on posted property that prohibits firearms shall create a cause of action against the person or entity with the posting. Establishes a two year statute of limitations. Requires notice or signage to state that any permit holder on posted property is under the custodial responsibility of the posting person or entity. Requires plaintiff to show by preponderance of the evidence that (1) the plaintiff was authorized to carry at the time of the incident, (2) the plaintiff was prohibited from carrying a firearm on the property where the incident occurred, and (3) the property was not required to be posted by state or federal law but was posted by choice of the defendant in order to prevail in an action brought under this law. Amendment Senate Amendment 1, House Civil Justice Committee Amendment 1 (013338) creates immunity from civil liability for a person, business, or other entity that owns, controls, or manages property, and has the authority to prohibit weapons on such property by posting signage, with respect to any claim based on the person's, business's or other entity's failure to adopt a policy prohibiting weapons on the property. Specifies that the immunity granted under this legislation does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct. Fiscal Note (Dated February 8, 2016) Increase State Expenditures - $88,600/One-Time Increase Local Expenditures - Exceeds $44,300/One-Time/Permissive Other Fiscal Impact – To the extent a civil cause of action is brought against the state or a local government entity, there may be additional increases in state or local expenditures to litigate any such action. Senate Status 03/16/2016 - Senate passed with amendment 1. House Status 04/14/2016 - Set for House Floor Regular Calendar 04/18/16. Position Monitor SB1743 / HB1769 TWRA - payments in lieu of taxes to local governments. Category Taxes Property Sponsors Sen. Ken Yager / Rep. Billy Spivey Description Requires the Tennessee wildlife resources agency to make payments in lieu of taxes to local governments on real property the agency has purchased or the agency leases to a person or entity. Broadly captioned. Amendment Senate Energy, Agriculture & Natural Resources Committee amendment 1, House Agriculture & Natural Resources Subcommittee amendment 1 (013932) deletes all language of the original bill except for the effective date provision. Requires the Tennessee Wildlife Resources Agency (TWRA), the Department of Agriculture (DOA), the Department of Environment and Conservation (TDEC), and the University of Tennessee Agricultural Extension (UTAE) to make payments in lieu of ad valorem taxes (PILOT) equal to the ad-valorem taxes that would have otherwise been paid to a local government on land acquired after the effective date of the legislation in the name of the state or held by a state government agency in the name of the state, in counties where the state owns at least 18 percent of the total acreage within the county. Specifies that TWRA, DOA, TDEC, and UTAE are not required to pay additional PILOT on property for which cities and counties are currently receiving compensation under the provisions of Tenn. Code Ann. § 11-14-406 which codifies the Wetland Compensation Fund; the provisions of Tenn. Code Ann. § 11-7-109, which codifies the Conservation Compensation Fund; or any other provision of law. Fiscal Note (Dated February 26, 2016) Increase State Expenditures - $500,000/Tennessee Wildlife Resources Agency Increase Local Revenue - $500,000 Senate Status 03/30/2016 - Re-referred to Senate Calendar Committee. House Status 03/23/2016 - Failed in House Agriculture & Natural Resources Committee. Position Support SB1749 / HB1763 Time period for mayor to appoint attorney in delinquency case. Category Local Government Sponsors Sen. Jim Tracy / Rep. Barry Doss Description Increases from 90 days to 120 days the time period in which a county mayor has to appoint an attorney to bring suit after receiving a report from auditors that sums cannot be collected without suit. Increases from 90 days to 120 days the time period in which the comptroller of the treasury may appoint an attorney to bring such suits if the county mayor fails or refuses to bring such suits. Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee. House Status 01/26/2016 - Referred to House Local Government Subcommittee. Position Monitor SB1782 / HB1861 Misrepresenting geographic business information in a directory. Category Commercial Law Sponsors Sen. John Stevens / Rep. Ron Travis Description Provides that the act of misrepresenting the geographic location of a person through a business name or listing in a local telephone directory or on the Internet is an unfair or deceptive act or practice affecting the conduct of trade or commerce if such information is published on or after July 1, 2009, whereas before it was July 1, 2008. Fiscal Note (Dated February 19, 2016) NOT SIGNIFICANT Senate Status 03/08/2016 - Taken off notice in Senate Commerce & Labor Committee. House Status 03/09/2016 - Taken off notice in House Consumer & Human Resources Subcommittee. Position Monitor SB1783 / HB1792 Historic Rehabilitation Tax Credit Act. Category Taxes General Sponsors Sen. John Stevens / Rep. Jon Lundberg Description Creates a tax credit for an owner of a certified historic structure, or portion of such a structure, that incurs qualified rehabilitation expenditures for the rehabilitation of the structure. Provides that the credit will be against the owner's combined franchise and excise tax liability in an amount equal to 25 percent of the qualified rehabilitation expenditures. Specifies that to qualify for the tax credit, the following requirements must be met: (1) The certified historic structure is located within a redevelopment zone; (2) The rehabilitation meets standards consistent with the standards of the secretary of the United States department of the interior for rehabilitation; (3) The qualified rehabilitation expenditures associated with the certified historic structure exceed $5,000; and (4) The commissioner of revenue, with approval by the commissioner of economic and community development, determines that the tax credit is in the best interests of the state. Clarifies that the entire tax credit must be earned in the year in which the certified historic structure, or portion of the structure, attributable to the qualified rehabilitation expenditures is placed in service; provided, that the tax credit must be claimed in three equal installments beginning with the year in which the certified historic structure, or portion of the structure, attributable to the qualified rehabilitation expenditures is placed in service. The total tax credit claimed for any taxable year, including the amount of any carryforward tax credit claimed, may not exceed the owner's combined franchise and excise tax liability due. Any unused portion of any installment of the tax credit may be carried forward for the five years following the year in which the installment could be claimed. Prior to applying for the tax credit, the owner must submit to the Tennessee historical commission a request for designation of a property as a certified historic structure and certification of a proposed and completed rehabilitation. Details other requirements for applying for the credit. Authorizes the commission to adopt a fee, not to exceed $5,000, for the applications and certifications required by this bill or by any rules promulgated pursuant to this bill. The fee will be receipts of the commission to be used for performing the commission's duties under this bill. Fiscal Note (Dated February 29, 2016) Decrease State Revenue – $370,800/FY17-18 $370,800/FY18-19 $370,800/FY19-20 Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be reflected as additional private capital investment leveraged by the proposed state tax credits, additional jobs created as a result of rehabilitation efforts that would be undertaken as a direct result of this bill, additional commercial activity at the restored historical property, and increased property values at and around the restored property. However, due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty. HB 1792 - SB 1783 Senate Status 03/29/2016 - Taken off notice in Senate State & Local Government Committee. House Status 01/21/2016 - Referred to House State Government Subcommittee. Position Support SB1796 / HB2156 Disabled veterans - calculation of property tax relief. Category Taxes Property Sponsors Sen. Randy McNally / Rep. John Ragan Description Revises the property tax relief system available to disabled veteran homeowners. Under present law, disabled veteran taxpayers may apply for tax relief from the state in the form of payment or reimbursement for all or part of the local property taxes paid for a given year on that property the taxpayer used as the taxpayer's residence. Present law requires the state to pay or reimburse the first $100,000 of the full market value to disabled veterans whose annual income does not exceed $60,000 and requires disabled veterans seeking relief to submit proof and documentation of the taxpayer's annual income. Prior to 2015 legislation, the reimbursement amount was on the first $175,000, instead of the first $100,000, and there was not an income limitation. This bill will remove the annual income limit for property tax relief for disabled veterans, and revises other provisions regarding such relief. Under this bill, the reimbursement will be paid on the first $100,000 of the full market value of the property. For tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. In determining the amount of relief to a taxpayer, the effective assessed value on the first $100,000 of full market value, or other property value limit determined pursuant to this bill, will be multiplied by a tax rate that has been adjusted to reflect the relationship between appraised value and market value in that jurisdiction, as determined by the state board of equalization. Under this bill, for tax year 2016 and subsequent tax years, the effective assessed value will be determined by multiplying the full market value of the property up to $100,000, or other property value limit determined pursuant to this bill, by an appropriate percentage in proportion to the applicant's income according to the following sliding scale: (A) Total income less than $60,000, 25 percent; (B) Total income $60,000 or more but less than $70,000, 20 percent; (C) Total income $70,000 or more but less than $80,000, 15 percent; (D) Total income $80,000 or more but less than $90,000, 10 percent; and (E) Total income $90,000 or more, 5 percent. The above sliding scale provisions will not apply to taxpayers who have not received a reimbursement for tax year 2014, who received a reimbursement for tax year 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption; or to taxpayers who have received a reimbursement for tax years 2014 and 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption. Under present law, the reimbursement for property tax for low-income, elderly homeowners and for disabled homeowners is paid on the first $23,000, or such other amount set in the general appropriations act, of the full market value of the property. This bill revises this provision to add that for tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. Amendment House Local Government Committee Amendment 1 (015360) deletes all language after the enacting clause. Increases the amount of full property value considered for property tax relief from $100,000 to $150,000 for eligible disabled veterans and surviving spouses who are 72 years of age or older and specifies that a disabled veteran and surviving spouse's combined annual income, excluding income from federal disability payments, shall not exceed $60,000 or such other amount as set forth in the general appropriations act, in order to be eligible to receive state property tax relief 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. 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