Realtor Bill Track Report
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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 - Final Calendar 04/19/16. Position Monitor SB1809 / HB1848 Davidson County - notice reduced to 15 days for zoning amendments. Category Local Government Sponsors Sen. Ferrell Haile / Rep. Darren Jernigan Description Reduces from 30 days to 15 days the notice Davidson County must provide prior to a public hearing on an amendment to a county zoning ordinance. Fiscal Note (Dated February 4, 2016) NOT SIGNIFICANT Senate Status 02/17/2016 - Senate passed. House Status 02/22/2016 - House passed. Executive Status 03/21/2016 - Enacted as Public Chapter 0577 effective March 8, 2016. Position Monitor SB1816 / HB1930 Publication of notice of intent to enforce tax lien. Category Taxes Property Sponsors Sen. Brian K. Kelsey / Rep. Mark White Description Requires notice of intent to enforce tax lien to be published in a newspaper of general circulation for three consecutive weeks instead of only two consecutive weeks. Senate Status 01/21/2016 - Referred to Senate Judiciary Committee. House Status 01/25/2016 - Referred to House Business & Utilities Subcommittee. Position Support SB1817 / HB2307 Noncontiguous annexation by resolution. Category Local Government Sponsors Sen. Ed Jackson / Rep. Mike Carter Description Establishes applicable statewide, instead of only in certain counties, the present law authorization for a municipality, by resolution, to propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either to be used for industrial or commercial purposes or future residential development or owned by one or more governmental entities. Senate Status 03/30/2016 - Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee. House Status 04/06/2016 - Withdrawn in House. Position Monitor SB1830 / HB1892 Permits under the Water Quality Control Act. Category Utilities Sponsors Sen. Steve Southerland / Rep. Curtis Halford Description Requires that general permits issued under the Water Quality Control Act be no more restrictive than federal requirements for management storm water post construction. Specifies that any general permit that requires the management of post construction storm water shall allow the local entity administering a municipal separate storm sewer system to exercise the maximum permissible discretion in selecting appropriate measures to meet any such requirement. Requires that provisions of certain general permits be promulgated in rule form prior to implementation. Amendment SENATE AMENDMENT 1 (013431) deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. Requires the local government entity to provide in writing the control measures that exceed federal minimum requirements at least 30 days in advance of a vote to the local legislative body to provide for a public comment period. Fiscal Note (Dated February 5, 2016) NOT SIGNIFICANT Senate Status 03/23/2016 - Senate passed with amendment 1. House Status 04/07/2016 - House passed. Executive Status 04/12/2016 - Sent to governor. Position Support SB1849 / HB1670 Inspections of underground storage tanks. Category Environment & Nature Sponsors Sen. John Stevens / Rep. Jeremy Durham Description Prohibits the commissioner of the department of environment and conservation from conducting a number of periodic, on-site inspections of an operator's underground storage tank in excess of the minimum amount required by federal law. Broadly captioned. 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 SB1870 / HB1725 Professional privilege tax - real estate brokers. Category Taxes Business Sponsors Sen. Jack Johnson / Rep. Darren Jernigan Description Reduces the annual privilege tax amount from $400 to $200 for brokers. Fiscal Note (Dated February 3, 2016) Decrease State Revenue – Net Impact – $657,100/FY15-16 and Subsequent Years Decrease State Expenditures – $200/FY15-16 and Subsequent Years Increase Local Revenue – $9,400/FY15-16 and Subsequent Years Senate Status 02/02/2016 - Referred to Senate Finance Revenue Subcommittee. House Status 01/26/2016 - Referred to House Finance Subcommittee. Position Support SB1876 / HB1911 Seizure of dogs found to be trespassing. Category Animals & Animal Hu SBandry Sponsors Sen. Jack Johnson / Rep. Barry Doss Description Authorizes an animal control agency to seize certain dogs found trespassing on the premises of another if the dog is found attacking an animal belonging to the owner of the premises. Amendment Senate amendment 1 (013790) deletes and rewrites subsection (j) of the original bill to authorize local government entities to authorize, by resolution or ordinance, an animal control agency to seize and take into custody any dog found trespassing on the premises of another. Fiscal Note (Dated February 4, 2016) Increase Local Revenue – Exceeds $100/Per Instance/Permissive Increase Local Expenditures – Exceeds $100/Per Instance/Permissive Senate Status 04/13/2016 - Senate passed with amendment 1. House Status 04/07/2016 - House passed. Position Monitor SB1877 / HB1914 Failure to pay taxes due to error by land surveyor. Category Taxes Property Sponsors Sen. Jack Johnson / Rep. Glen Casada Description Permits a person who owns real property and who has not paid taxes on a portion of real property for more than 20 years to bring any action to recover the property if the failure to pay taxes was due to the error of a land surveyor. Broadly captioned. Senate Status 03/22/2016 - Taken off notice in Senate Judiciary Committee. House Status 03/23/2016 - Taken off notice in House Civil Justice Subcommittee. Position Support SB1883 / HB2336 Claims filed under jurisdiction of TN human rights commission. Category Judiciary Sponsors Sen. Reginald Tate / Rep. Johnny W. Shaw Description Removes the requirement that a litigant file a claim arising under the jurisdiction of the human rights commission within 90 days after the commission issues a finding that there was reasonable cause to believe discrimination was found. Fiscal Note (Dated February 11, 2016) NOT SIGNIFICANT Senate Status 01/25/2016 - Referred to Senate Judiciary Committee. House Status 02/17/2016 - Taken off notice in House State Government Subcommittee. Position Monitor SB1884 / HB2335 Complaints filed with the TN human rights commission. Category Judiciary Sponsors Sen. Reginald Tate / Rep. Johnny W. Shaw Description Eliminates requirement that a party remove a case to state court within 90 days after the complaint is filed if the Tennessee human rights commission determines there is reasonable cause to believe discrimination took place. Fiscal Note (Dated February 10, 2016) NOT SIGNIFICANT Senate Status 04/06/2016 - Senate passed. House Status 03/21/2016 - House passed. Executive Status 04/12/2016 - Sent to governor. Position Monitor SB1885 / HB1673 Defines short-term rental units. Category Property & Housing Sponsors Sen. John Stevens / Rep. Pat Marsh Description Clarifies that certain requirements that apply to hotels and places of public accommodation do not apply to short-term rental units. Specifies that "short-term rental unit" (1) Means a residential dwelling of any type, including, but not limited to, a single-family residence, apartment, condominium, or cooperative unit, in which a person can obtain, for consideration, sleeping accommodations for less than 30 consecutive days; (2) Includes vacation lodging as defined by TCA 67-4-702 and property used to provide hospitality services as defined by TCA 68-120-101(i); and (3) Does not include a bed and breakfast establishment or bed and breakfast homestay, as defined by TCA 68-14-502(1), a hotel, or a time-share program. Senate Status 03/22/2016 - Senate Commerce & Labor Committee deferred to summer study. House Status 03/16/2016 - Taken off notice in House Business & Utilities Subcommittee. Position Monitor SB1886 / HB1634 Notification of professional privilege tax owed. Category Taxes Business Sponsors Sen. John Stevens / Rep. Glen Casada Description Requires the department of revenue to notify taxpayers by mail or e-mail on or before May 1 of each regarding the amount of professional privilege tax owed, due date, and any electronic filing or payment requirement. Fiscal Note (Dated January 25, 2016) NOT SIGNIFICANT Senate Status 04/15/2016 - Set for Senate Floor Regular Calendar 04/18/16. House Status 02/25/2016 - House passed. Position Support SB1887 / HB1956 Uniform Residential Landlord &Tenant Act - Montgomery County exempt. Category Property & Housing Sponsors Sen. Frank Niceley / Rep. Curtis G. Johnson Description Exempts Montgomery County from the application of the Uniform Residential Landlord and Tenant Act. Fiscal Note (Dated March 7, 2016) NOT SIGNIFICANT Senate Status 03/08/2016 - Senate Commerce & Labor Committee deferred to 03/15/16. House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee. Position Monitor SB1897 / HB1846 Certain public housing authorities exempt from property tax liability. Category Taxes Property Sponsors Sen. Steven Dickerson / Rep. Darren Jernigan Description Exempts public housing authorities from property tax liability when they enter into leases that permit the public housing authority to acquire the property for a nominal sum at or before the completion of the lease term. Fiscal Note (Dated February 9, 2016) NOT SIGNIFICANT Senate Status 03/07/2016 - Senate passed. House Status 02/22/2016 - House passed. Executive Status 04/05/2016 - Enacted as Public Chapter 0642 effective March 23, 2016. Position Monitor SB1904 / HB2555 Employment verification requirements for certain employers. Category Labor Law Sponsors Sen. Jack Johnson / Rep. Jeremy Durham Description Defines "private employer" for purposes of this act. Removes present exemption for private employers with less than six employees from employment verification requirements. Broadly captioned. Fiscal Note (Dated February 25, 2016) Increase State Revenue – Exceeds $4,000/Recurring/Lawful Employment Enforcement Fund Increase State Expenditures – $10,000/One-Time/General Fund $279,200/Recurring/General Fund Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee. House Status 03/09/2016 - Taken off notice in House State Government Subcommittee. Position Monitor SB1908 / HB2384 Causes of action against an HOA. Category Property & Housing Sponsors Sen. Todd Gardenhire / Rep. Mike Carter Description Allows the declarant to retain full and unfettered control of the subdivision, until the subdivision is transferred to the control of the homeowners' association. Allows a member of a homeowners' association to have a cause of action against a homeowners' association for damages, which includes a declaratory judgement, reasonable attorney's fees, and actual costs associated with maintaining the action for: failure to be afforded the right to notice of any meeting at least 72 hours prior to the meeting; failure to be afforded the right to appear and address the association's governing body while the body makes any considerations, any adverse action taken against the member without the member being given a reasonable time for curing the breach, and a notice of the penalties that are allowed. Fiscal Note (Dated March 8, 2016) NOT SIGNIFICANT Senate Status 03/15/2016 - Senate Judiciary Committee deferred to Summer Study. House Status 03/15/2016 - House Business & Utilities Subcommittee deferred to summer study. Position Monitor SB1909 / HB2247 Governmental entities may publish notices on their websites. Category Public Employees Sponsors Sen. Todd Gardenhire Description Authorizes governmental entities to publish legal notices on their publicly available website instead of other publication methods. Clarifies that such notices shall have the same legal effect as a notice published in a newspaper, and other rules regarding time and manner of the publication shall apply as well. Requires governmental entities to make known where such legal notices will be published. Fiscal Note (Dated February 19, 2016) Decrease State Expenditures – Exceeds $25,000/FY16-17 and Every Two Years Thereafter Exceeds $10,000/FY17-18 and Every Two Years Thereafter Decrease Local Expenditures – Exceeds $10,000/Recurring/Permissive Senate Status 02/23/2016 - Failed in Senate State & Local Government Committee for lack of a motion. House Status 01/27/2016 - Referred to House State Government Subcommittee. Position Monitor SB1915 / HB1966 Construction of gas compressor cannot be within 1 mile of a park. Category Environment & Nature Sponsors Sen. Steven Dickerson / Rep. Bo Mitchell Description Prohibits the issuance of a permit for the construction of a gas compressor on land that is located within a one mile radius of a public park. Fiscal Note (Dated February 28, 2016) NOT SIGNIFICANT 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 Support SB1916 / HB1798 Makes clarifications to Tennessee Condominium Act of 2008. Category Property & Housing Sponsors Sen. Steven Dickerson / Rep. John Ray Clemmons Description Specifies that any provision of the Tennessee Condominium Act of 2008 that is in conflict with a provision of the Horizontal Property Act shall control. Fiscal Note (Dated March 3, 2016) NOT SIGNIFICANT Senate Status 03/07/2016 - Withdrawn in Senate. House Status 03/08/2016 - Taken off notice in House Business & Utilities Subcommittee. Position Oppose SB1939 / HB2182 Applying for a refund - delinquent taxes. Category Taxes Property Sponsors Sen. Ken Yager / Rep. Timothy Hill Description Extends time eligible taxpayers may apply for a refund or present a credit voucher for credit on their taxes from within 35 days from the date taxes in the jurisdiction become delinquent for that year to within 40 days from that date. Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANT 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 SB1946 / HB1860 Disclosure of tax returns and tax information to local governments. Category Taxes General Sponsors Sen. Ken Yager / Rep. Dale Carr Description Allows duly authorized local governmental officials reviewing tax returns and information to ascertain whether taxes are being paid to also be able to access such information to determine whether allocations from state levied taxes are being distributed to the correct unit of local government. Amendment Senate amendment 1 (012430) deletes all language of the original bill. Authorizes local government officials, upon request in writing, to review tax returns and information to determine whether allocations from state levied taxes are being distributed to the correct unit of local government; provided, that such information shall not include the taxpayer's returns, receipts, income, tax liability, tax payments, or other financial information. Fiscal Note (Dated February 19, 2016) NOT SIGNIFICANT Senate Status 03/07/2016 - Senate passed with amendment 1. House Status 03/21/2016 - House passed. Executive Status 04/06/2016 - Signed by governor. Position Monitor SB1949 / HB2343 Chancellor to set aside a county's bid on delinquent property. Category Local Government Sponsors Sen. Ken Yager / Rep. Kent Calfee Description Authorizes a county, after obtaining property at a delinquent property tax sale, to evaluate the property to determine whether the value of the property or amount of money the county would receive if the county sold the property exceeds the financial or environmental risks of the property. Specifies if the county mayor evaluates the property during the required time period and determines that the financial and environmental risks of the property outweigh the value of the property, the county legislative body may adopt a resolution stating that the financial and environmental risks are such that it is not in the best interests of the county to acquire such property. Permits the county legislative body to file a petition for relief in chancery court. Amendment Senate State & Local Government Committee amendment 1 (011861) deletes and rewrites the bill such that the only substantive change is to add language that prohibits counties from considering any dues and assessments established through covenants and restrictions as part of the financial risk in the evaluation of property offered for sale at a delinquent tax auction. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (014845) deletes and rewrites the bill, adding language to include "financial liabilities" associated with property tax to factor into the assessment for relief of the property. Allows county legislative bodies presenting petitions for relief of properties purchased at delinquent tax sales to present proof of financial or environment risks of such property to the chancellor. Fiscal Note (Dated February 7, 2016) Local Expenditures – Cost Avoidance – Exceeds $5,000/Per Property/Permissive Senate Status 03/07/2016 - Senate deferred to the next to last calendar. House Status 04/14/2016 - Set for House Floor Regular Calendar 04/18/16. Position Monitor SB1950 / HB1883 Disposal of unclaimed garments by dry cleaner. Category Property & Housing Sponsors Sen. Ken Yager / Rep. Martin Daniel Description Increases from 180 days to 240 days the minimum time required before a dry cleaner or launderer may dispose of unclaimed garments. Broadly captioned. Fiscal Note (Dated February 19, 2016) NOT SIGNIFICANT Senate Status 03/22/2016 - Senate Commerce & Labor Committee deferred to summer study. House Status 03/16/2016 - House Business & Utilities Subcommittee deferred to summer study. SB1955 / HB2364 Enacts "Tennessee Scenic Vistas Protection Act." Category Environment & Nature Sponsors Sen. Jeff Yarbro / Rep. Mike Stewart Description Enacts the "Tennessee Scenic Vistas Protection Act". Under the Water Quality Control Act, a person must have a permit issued by the commissioner of environment and conservation to engage in certain activities, such as the construction or use of any new outlet for the discharge of any wastes into the waters of the state; the discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; and the construction, installation, or operation of a concentrated animal feeding operation. This bill generally prohibits the commissioner from issuing or renewing a permit, certification, or variance that would allow surface coal mining operations to alter or disturb any land within 1,200 feet of a ridge line. The prohibition imposed by this bill would not apply to renewal of a permit, certification, or variance that is issued prior to the date that this bill becomes a law, if: (1) The applicant for renewal is the person who was the holder of the permit, certificate, or variance on the effective date of this bill; (2) The renewal must not increase or change the surface area that is covered by the permit, certificate, or variance; (3) The renewal must not expand the ridge line mining activities allowed by the permit, certificate, or variance; and (4) The renewal is not otherwise prohibited by law. The privileges extended by the renewal of a permit, certificate, or variance issued pursuant to this bill are not transferable to another person. This bill would not prohibit the commissioner from issuing or renewing a permit, certification, or variance that would authorize the construction or maintenance of ridgeline crossings, if the applicant is otherwise eligible for such permit, certification, or variance under any other applicable state or federal law. Such crossings include utility, rail, or pipeline crossings or road crossings necessary to obtain access to underground or surface mining activities or to obtain access to reclamation activities that are permissible pursuant to federal and state law. This bill would not apply to surface coal mining activities that are only incidental to underground coal mining, if the commissioner determines that surface disturbance and effect is limited to that required to conduct legal underground coal mining. This bill does not apply to land that is eligible for federal funding under the Surface Mining Control and Reclamation Act. This bill requires the commissioner to notify appropriate committees of the general assembly of any change in the Surface Mining Control and Reclamation Act that would expand eligibility for federal funding to lands that are not currently eligible under the Act. This bill does not: (1) Prohibit any otherwise allowable surface coal mining that does not alter or disturb a ridgeline; or (2) Limit any privilege secured by any valid permit, certification, or variance issued by the state in effect upon the effective date of this bill. 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