4-11-16 Realtor Bill Track ReportSB405 / HB610 Tennessee Homeowners Association Act. Category Property & HousingSponsors Sen. Doug Overbey / Rep. Mike Carter Description Enacts the "Tennessee Homeowner's Association Act." Establishes rules, regulations, guidelines, and penalties for the creation and governance of Tennessee homeowner's associations. Exempts condominiums and timeshares from this act. (37 pp.) Fiscal Note (Dated March 7, 2015) NOT SIGNIFICANTSenate Status 03/15/2016 - Senate Commerce & Labor Committee deferred to 03/22/16.House Status 03/15/2016 - House Business & Utilities Subcommittee deferred to summer study.Position Monitor

SB549 / HB775 Zoning amendment requires written consent of property owner. Category Property & HousingSponsors Sen. Frank Niceley / Rep. Martin Daniel Description Requires any zoning amendment affecting a parcel of private property to take effect only upon written consent of the owner of that property.Fiscal Note (Dated March 16, 2015) NOT SIGNIFICANTSenate Status 03/15/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/09/2016 - Taken off notice in House Local Government Subcommittee.Position Monitor

SB749 / HB779 Abolishes deannexation by ordinance. Category Local GovernmentSponsors Sen. Bo Watson / Rep. Mike Carter Description Requires deannexation of territory containing a street, highway, avenue, boulevard, publicly-owned right-of-way, bridge, tunnel, public parking area, or any other public way dedicated to public use and maintained for general public travel to take place by a vote of two-thirds of the county legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change. Amendment SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (004496) deletes and rewrites the bill in its entirety. Authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 2 (005281) deletes and rewrites the bill in its entirety. Authorizes municipalities to propose by resolution 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 a municipality's urban growth boundary and is either used for industrial or commercial purpose or is owned by one or more governmental entities. Requires consent of the property owners. Requires the plan of service to be included in the resolution. Requires an inter-local agreement between the relevant county and the municipality to provide relevant services. HOUSE

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AMENDMENT 2 (013024) deletes all language after the enacting clause of the original bill. Requires a municipality to submit a map of de-annexed streets or roads to the Commissioner of Finance and Administration within six months of the effective date of this legislation becoming law. Within one year of the submission of such plans, the Commissioner is required to equitably reflect the changes to the municipality's boundaries and to revise and relocate any funding distributed to the municipality or county for improvement or maintenance of streets or roads. A municipality may elect to rescind the de-annexation of the street or road within six months of the effective date of this legislation becoming law. Establishes procedures for county election commissions, in Marshall, Washington, Sullivan, Hamilton, Knox and Shelby counties, to conduct a vote for de-annexation in an election held in accordance with Tenn. Code Ann. § 6-51-202 after 10 percent or more of the registered voters in the municipality have petitioned the county election commission for an election held for such a purpose. Prohibits future de-annexation referendums, if voters fail to approve the measure in the initial referendum. Requires all municipal jurisdictions to cease over the territory de-annexed from the municipality's corporate limits on the date the results of the election are certified other than the responsibility of general obligation debt issued during the annexation period. Authorizes municipalities to continue to levy taxes in the de-annexed territory to pay the de-annexed territory's percentage of tax base it represents at the time of de-annexation. HOUSE AMENDMENT 3 (013373) exempts Johnson City form the bill. HOUSE AMENDMENT 10 (013958) makes a clarification by adding the word "property" directly after the word "municipality's" in Section 5. Fiscal Note (Dated March 22, 2015) Local Revenue – Net Impact – Not Significant/Permissive Local Expenditures – Net Impact – Not Significant/Permissive Other Fiscal Impact – Permissive shifts in revenue and expenditures from one local government entity to another. The extent of any such shifts cannot be determined and are dependent upon the unknown, permissive, and future actions of cities and counties.Senate Status 03/30/2016 - Senate State & Local Government Committee deferred to summer study. House Status 03/14/2016 - House passed with amendments 2, 3 and 10. Position Monitor

SB1440 / HB2154 Reduces Hall income tax for certain disabled veterans. Category Taxes GeneralSponsors Sen. Randy McNally / Rep. John Ragan Description Reduces from six percent to five percent the Hall income tax for taxpayers who are veterans with service-connected disabilities beginning January 1, 2017. Defines "veteran with a service-connected disability."Fiscal Note (Dated January 25, 2016) Decrease State Revenue – Net Impact – $54,800/FY17-18 and Subsequent Years Increase State Expenditures – $15,000/FY17-18 Decrease Local Revenue – Net Impact – $29,900/FY17-18 and Subsequent Years Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.Position Support

SB1462 / HB1439 Putnam County - removal of vegetation and debris from property. Category Local GovernmentSponsors Sen. Paul Bailey / Rep. Ryan Williams

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Description Permits the removal of overgrown vegetation and accumulated debris on owner-occupied residential property in Putnam County. Fiscal Note (Dated January 15, 2015) Other Fiscal Impact – To the extent Putnam County elects to remove any vegetation or debris from an owner-occupied residential property, there will be a permissive increase in expenditures to Putnam County. The extent and timing of any permissive increase in local expenditures is dependent upon the specific circumstances of any removal undertaken.Senate Status 02/08/2016 - Senate passed.House Status 03/14/2016 - House passed.Executive Status 04/06/2016 - Enacted as Public Chapter 681 effective March 24, 2016.Position Monitor

SB1465 / HB1515 Property tax reimbursement for disabled veteran home owners. Category Taxes PropertySponsors Sen. Mark Green / Rep. Joe Pitts Description Establishes the first portion of home value for which real property tax relief will be reimbursed to disabled veteran home owners from $100,000 to $175,000. Fiscal Note (Dated January 22, 2016) Increase State Expenditures – Exceeds $3,665,400Senate Status 03/30/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/30/2016 - Taken off notice in House Local Government Subcommittee.Position Support

SB1481 / HB1507 AG's office to post information on web during condemnation proceeding. Category JudiciarySponsors Sen. Ferrell Haile / Rep. Courtney Rogers Description Directs the office of the attorney general and reporter to prepare a statement of a property owner's rights during any condemnation proceeding and to post this landowner's bill of rights on its website no later than January 1, 2017. Requires that information regarding how to access the statement be sent together with any notice of the filing of a petition to institute condemnation proceedings. Fiscal Note (Dated February 18, 2016) NOT SIGNIFCANTSenate Status 01/13/2016 - Referred to Senate Judiciary Committee.House Status 01/19/2016 - Referred to House Civil Justice Subcommittee.Position Monitor

SB1484 / HB1410 Repeals the "Save the Tax Relief Act." Category Taxes PropertySponsors Sen. Mark Green / Rep. Joe Pitts Description Repeals the "Save the Tax Relief Act," thereby returning from $23,000 to $25,000 the first portion of home value for which tax relief will be reimbursed to elderly low income and disabled home owners. Increases from $100,000 to $175,000 the first portion of home value for which tax relief will be reimbursed to disabled veteran home owners. Removes the requirement that caps the income eligibility for the disabled veteran home owner tax relief program at $60,000 for those who have not received a tax reimbursement prior to tax year 2015.Fiscal Note (Dated February 11, 2016) Increase State Expenditures - $6,286,000Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.Position Support

SB1491 / HB2110 Annually raises Hall tax exemptions.

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Category Taxes GeneralSponsors Sen. Doug Overbey / Rep. Art Swann Description For tax years beginning on or after January 1, 2017 through tax years beginning on or after January 1, 2021, annually raises the Hall tax exemptions for all taxpayers by $150 for single filers and $200 for joint filers. Fiscal Note (Dated February 15, 2016) Decrease State Revenue – Net Impact – $1,031,100/FY17-18 $2,029,000/FY18-19 $3,010,200/FY19-20 $3,958,200/FY20-21 $4,889,500/FY21-22 and Subsequent Years Decrease Local Revenue – Net Impact – $563,400/FY17-18 $1,108,500/FY18-19 $1,644,600/FY19-20 $2,162,600/FY20-21 $2,671,400/FY21-22 and Subsequent Years Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.Position Monitor

SB1492 / HB2109 Raises Hall tax maximum allowable income exemptions. Category Taxes GeneralSponsors Sen. Doug Overbey / Rep. Art Swann Description For tax years beginning January 1, 2017 and going through tax years beginning January 1, 2020, raises Hall tax maximum allowable income exemptions for taxpayers 65 years of age or older by $500 per year until they are $39,000 for single filers and $70,000 for joint filers. Fiscal Note (Dated January 15, 2016) Decrease State Revenue – Net Impact – $83,200/FY17-18 $166,200/FY18-19 $249,800/FY19-20 $339,200/FY20-21 and Subsequent Years Decrease Local Revenue – Net Impact – $45,400/FY17-18 $90,800/FY18-19 $136,500/FY19-20 $185,300/FY20-21 and Subsequent Years Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.Position Monitor

SB1551 / HB1436 Increases the tax exemption for seniors. Category Taxes GeneralSponsors Sen. Jack Johnson / Rep. Charles M. Sargent Description Beginning January 1, 2016, increases the income exemption levels for taxpayers 65 years of age or older from $37,000 to $50,000 for single filers and from $68,000 to $100,000 for joint filers. Fiscal Note (Dated January 11, 2016) Decrease State Revenue – Net Impact – $4,341,800 Decrease Local Revenue – Net Impact – $2,372,100 Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.

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Position Monitor

SB1552 / HB1437 Decreases Hall income tax rate from 6 percent to 5.5 percent. Category Taxes GeneralSponsors Sen. Jack Johnson / Rep. Charles M. Sargent Description Decreases Hall income tax rate from 6 percent to 5.5 percent for tax years beginning on or after January 1, 2016.Fiscal Note (Dated January 8, 2016) Decrease State Revenue – Net Impact – $13,859,200 Decrease Local Revenue – Net Impact – $7,572,000 Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 02/23/2016 - Senate Finance Revenue Subcommittee returned to Senate Finance without recommendation.House Status 02/10/2016 - House Finance Subcommittee deferred to final calendar.Position Monitor

SB1589 / HB1511 Transmitting or reading texts - moving violation. Category Transportation VehiclesSponsors Sen. Ed Jackson / Rep. Ron Lollar Description Redesignates traffic violations for transmitting or reading written messages on hand-held devices while driving from nonmoving to moving violations. Requires points to be assessed for such violations instead of no points being added to a driver record.Amendment House amendment 1 (013293) deletes and rewrites the bill such that the only substantive changes are: (1) to specify that the amount of points added to a driver's record for a violation shall equal the number assessed for careless or negligent driving and (2) to require that offenders attend a driver education course. SENATE AMENDMENT 2 (015220) removes the provisions of this bill and House Amendment 1 concerning the assessment of points for texting while driving. Unlike present law, this amendment will not specifically prohibit the assessment of points for texting while driving.Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANTSenate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/11/16.House Status 03/28/2016 - House passed with amendment 1. Position Monitor

SB1600 / HB2170 Civil liability for injury caused by dog - landowner as harborer. Category Animals & Animal HuSBandrySponsors Sen. John Stevens / Rep. David B. Hawk Description In regard to civil liability for injury caused by dogs, clarifies that land ownership alone is not enough to qualify a landowner as a regular harborer of a dog even if the landowner gave permission to a third person to keep the dog on the land. Fiscal Note (Dated February 14, 2016) NOT SIGNIFICANTSenate Status 03/14/2016 - Senate passed.House Status 02/29/2016 - House passed.Executive Status 04/06/2016 - Enacted as Public Chapter 0662 effective July 1, 2016.Position Monitor

SB1616 / HB1628 Montgomery County - penalties upon delinquent tax suits. Category Taxes Property

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Sponsors Sen. Mark Green / Rep. Joe Pitts Description Removes Montgomery County from provision that allowed the county to impose an additional penalty of 20 percent upon all delinquent land taxes for the purpose of funding the prosecution of the suits. Places Montgomery County with other counties which impose an additional penalty of ten percent for such purposes. Fiscal Note (Dated January 31, 2016) Decrease Local Revenue – Exceeds $11,900/Montgomery County/Mandatory*Senate Status 02/08/2016 - Senate passed.House Status 03/07/2016 - House passed.Executive Status 03/28/2016 - Enacted as Public Chapter 0617 effective March 7, 2016.Position Support

SB1636 / HB1632 Allocation of newly constructed rental units as affordable housing. Category Property & HousingSponsors Sen. Ferrell Haile / Rep. Glen Casada Description Prohibits a local governmental unit from enacting zoning regulations that require the direct or indirect allocation of a percentage of existing or newly constructed private residential or commercial rental units for long-term retention as affordable or workforce housing. Amendment Senate Amendment 1 (013446) clarifies that this bill applies to all current and future zoning regulations.Fiscal Note (Dated February 22, 2016) NOT SIGNIFICANTSenate Status 03/28/2016 - Senate passed with amendment 1 (013446), which clarifies that this bill applies to all current and future zoning regulations.House Status 04/07/2016 - House passed.Executive Status 04/07/2016 - Sent to the speakers for signatures.Position Support

SB1646 / HB1689 Formula for calculating hearing costs in property tax appeals. Category Taxes PropertySponsors Sen. Paul Bailey / Rep. Marc Gravitt Description Under present law, the state board of equalization has jurisdiction over the valuation, classification, and assessment of all properties in the state. One of the duties of the board is to receive, hear, consider, and act upon complaints and appeals made to the board. The board assesses the cost of hearing or processing an appeal against any non-prevailing, non-indigent appellant. Under present law: (1) The assessment must not exceed $7.00 per parcel for processing an appeal or $120 for hearing costs; (2) The assessment must be proportionate to the value of the property at issue; and (3) If the totaled assessment is 1/2 or more of the appellant's claim, the board issues a total refund. Otherwise, the refund of the hearing costs is proportionate to the relief granted. Revises (3) above to require that the refund of hearing costs be 1/2 of the appellant's claim, if the ordered reduction totals less than 1/2 of the appellant's claim. Present law also authorizes the board to create an assessment appeals commission and to delegate to the commission the jurisdiction to hear and act upon all complaints and appeals regarding the assessment, classification, and value of property for purposes of taxation. Actions taken by the commission are final unless the board issues an order requiring review of the commission's action, in which case the action will not become final until the board has rendered its final decision in the matter. If the board chooses not to review a matter, the commission is required to issue a certificate of assessment showing the description of the property and the assessment as determined by the commission. The certificate of assessment is subject to judicial review in the same manner as final actions of the board. Revises the above provisions to require the assessment appeals commission to issue the following, if the state board does not review the matter: (1) A notice, including notice by electronic

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means, of its final actions to the parties; or (2) If requested by a taxpayer, a certificate of assessment or other final certificate of the commission's actions. The date of the notice or certificate will commence the period for seeking judicial review of the final order of the board or commission. Present law requires trustees or collectors to send, with the current tax bill, a notice to delinquent taxpayers informing them of their obligation to pay back taxes or risk the sale of their property. This bill specifically includes taxpayers who are delinquent in unpaid rollback taxes in the group of delinquent taxpayers receiving such a notice. Fiscal Note (Dated February 9, 2016) Decrease State Revenue - $400/State Board of Equalization Decrease State Expenditures - $100/State Board of EqualizationSenate Status 03/14/2016 - Senate passed.House Status 04/07/2016 - Set for House Floor Regular Calendar 04/13/16.Position Monitor

SB1648 / HB1643 Property tax relief - disabled veteran's residence. Category Taxes PropertySponsors Sen. Doug Overbey / Rep. John Forgety Description Under present law, there is paid from the general funds of the state to certain disabled veterans the amount necessary to pay or reimburse such taxpayers for all or part of the local property taxes paid for a given tax year on that property that the disabled veteran owned and used as the disabled veteran's residence. The reimbursement is paid on the first $100,000 of the full market value of such property owned by taxpayers whose annual income from all sources does not exceed $60,000. Prior to 2015 legislation, the reimbursement was paid on the first $175,000 of the full market value and there was not an income limitation. Provides that the reimbursement will be paid on the first $175,000 of the full market value for taxpayers who received a reimbursement, prior to the change in law, for tax years 2014 and 2015 and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years. Fiscal Note (Dated February 29, 2016) Increase State Expenditures - $3,694,700/FY16-17 $3,506,000/FY17-18 Other Fiscal Impact – In FY18-19 and subsequent years, the increase in state expenditures will diminish by approximately five percent each year into perpetuity.Senate Status 03/30/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/30/2016 - Taken off notice in House Local Government Subcommittee.Position Support

SB1655 / HB1566 Driving and talking on a cell phone. Category Transportation VehiclesSponsors Sen. Jim Tracy / Rep. John B. Holsclaw, Jr. Description Establishes a Class C misdemeanor and a fine not to exceed $50.00 of driving a motor vehicle and talking on a hand-held cellphone. Prohibits additional court fees not to exceed $10.00. Provides that a traffic citation based on this violation be considered a nonmoving traffic violation and stipulates that no points shall be added to a driver record. Creates the juvenile act of persons under 18 driving a motor vehicle and using a hands-free device to talk on a cellphone or transmit or read written messages; provides exception for emergencies. Provides exception for persons 18 and older using hands-free device.Fiscal Note (Dated February 16, 2016) Increase State Revenue – $3,800/FY16-17 $7,600/FY17-18 $15,200/FY18-19 Exceeds $30,400/FY19-20 and Subsequent Years Increase Local Revenue – $200/FY16-17 $400/FY17-18 $800/FY18-19 Exceeds $1,600/FY19-20 and Subsequent YearsSenate Status 03/14/2016 - Senate Transportation & Safety Committee deferred to 03/21/16.House Status 03/16/2016 - Taken off notice in House Criminal Justice Committee.Position Monitor

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SB1675 / HB1428 Requires GPS monitoring for domestic violence offenders. Category Criminal LawSponsors 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 04/07/2016 - Set for Senate Judiciary Committee - Final Calendar 04/12/16.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 BusinessSponsors 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 JudiciarySponsors 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

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Senate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/13/16.House Status 03/24/2016 - House passed with amendment 1. Position Monitor

SB1701 Real estate appraisers - standard of valuation practice. Category Professions & LicensureSponsors 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 NonePosition Oppose

SB1716 / HB1650 Gas tax revenues to not be used for non-vehicular purposes. Category Transportation GeneralSponsors 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 SUBCOMMITTEE 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

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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 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Before the Budget 04/12/16.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.Position Monitor

SB1717 / HB2138 Reimbursement of property taxes for disabled veterans. Category Taxes PropertySponsors 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 LawSponsors 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

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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 04/07/2016 - Set for House Finance Committee 04/12/16.Position Monitor

SB1743 / HB1769 TWRA - payments in lieu of taxes to local governments. Category Taxes PropertySponsors 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 - $500,000Senate 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 GovernmentSponsors 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

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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 SIGNIFICANTSenate 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 GeneralSponsors 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 1783Senate 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

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SB1796 / HB2156 Disabled veterans - calculation of property tax relief. Category Taxes PropertySponsors 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 reliefSenate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.Position Monitor

SB1809 / HB1848 Davidson County - notice reduced to 15 days for zoning amendments. Category Local GovernmentSponsors Sen. Ferrell Haile / Rep. Darren Jernigan

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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 SIGNIFICANTSenate 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 PropertySponsors 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 GovernmentSponsors 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 UtilitiesSponsors 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

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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 SIGNIFICANTSenate Status 03/23/2016 - Senate passed with amendment 1. House Status 04/07/2016 - House passed.Executive Status 04/07/2016 - Sent to the speakers for signatures.Position Support

SB1849 / HB1670 Inspections of underground storage tanks. Category Environment & NatureSponsors 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 BusinessSponsors 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 YearsSenate 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 HuSBandrySponsors 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 Energy, Agriculture and Natural Resources Committee 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/PermissiveSenate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/11/16.House Status 04/07/2016 - House passed.

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Position Monitor

SB1877 / HB1914 Failure to pay taxes due to error by land surveyor. Category Taxes PropertySponsors 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 JudiciarySponsors 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 SIGNIFICANTSenate 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 JudiciarySponsors 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 SIGNIFICANTSenate Status 04/06/2016 - Senate passed.House Status 03/21/2016 - House passed.Executive Status 04/06/2016 - Sent to the speakers for signatures.Position Monitor

SB1885 / HB1673 Defines short-term rental units. Category Property & HousingSponsors 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

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SB1886 / HB1634 Notification of professional privilege tax owed. Category Taxes BusinessSponsors 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 SIGNIFICANTSenate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/13/16.House Status 02/25/2016 - House passed.Position Support

SB1887 / HB1956 Uniform Residential Landlord &Tenant Act - Montgomery County exempt. Category Property & HousingSponsors 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 SIGNIFICANTSenate 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 PropertySponsors 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 SIGNIFICANTSenate 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 LawSponsors 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 FundSenate 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

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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 SIGNIFICANTSenate 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 EmployeesSponsors 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/PermissiveSenate 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 & NatureSponsors 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 SIGNIFICANTSenate 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 & HousingSponsors 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 SIGNIFICANTSenate Status 03/07/2016 - Withdrawn in Senate.

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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 PropertySponsors 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 SIGNIFICANTSenate 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 GeneralSponsors 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 SIGNIFICANTSenate 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 GovernmentSponsors 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

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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/PermissiveSenate Status 03/07/2016 - Senate deferred to the next to last calendar.House Status 04/07/2016 - Set for House Finance Committee 04/12/16.Position Monitor

SB1950 / HB1883 Disposal of unclaimed garments by dry cleaner. Category Property & HousingSponsors 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 SIGNIFICANTSenate 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 & NatureSponsors 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)

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Limit any privilege secured by any valid permit, certification, or variance issued by the state in effect upon the effective date of this bill.Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.House Status 03/16/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.Position Monitor

SB1976 / HB2111 Board for licensing contractors - forms required on website. Category Government OrganizationSponsors Sen. Becky Duncan Massey / Rep. Art Swann Description Requires the board for licensing contractors to provide access to license issuance, renewal, and termination forms on the board's website. Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANTSenate Status 03/15/2016 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/15/2016 - Taken off notice in House Business & Utilities Subcommittee.Position Monitor

SB1991 / HB2131 Higher education employee lawfully storing firearm in car. Category Criminal LawSponsors Sen. Brian K. Kelsey / Rep. Courtney Rogers Description Prohibits public post-secondary institutions from taking any adverse action against an employee or student as a result of such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle located on property owned, used, or operated by the post-secondary institution.Amendment House Amendment 1 (013050) adds the term "solely" after the second use of the word "institution," and before the word "for." Deletes all language after the enacting clause of the original bill. Prohibits public postsecondary institutions from taking any adverse actions against an employee or student as a result of such person's lawful transportation and storage of firearm or ammunition, in compliance with Tenn. Code Ann. § 39-17-13, while on or using a parking area located on property owned, used, or operated by the postsecondary institution. Fiscal Note (Dated February 6, 2016) NOT SIGNIFICANTSenate Status 03/23/2016 - Senate concurred in House amendment 1.House Status 03/14/2016 - House passed with amendment 1.Executive Status 04/06/2016 - Sent to governor.Position Monitor

SB2013 / HB1965 Planning models for composting, relocating of yard waste. Category Environment & NatureSponsors Sen. Bill Ketron / Rep. Bryan Terry Description Requires the department of environment and conservation to provide planning models for relocating, hauling, composting, and other processing of yard waste and food waste. Provides that calculations shall include: (1) the facilities needed to compost organic materials; (2) the amount of such waste generated; (3) transportation and hauling requirements; and (4) the value of any commercial products, including compost, which is likely to be created from such activity. Requires the department to provide planning models for preventing the disposal of food waste in landfills by diverting cooked foods from restaurants, food stores, colleges, hospitals, other entities that distribute food. Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.Position Monitor

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SB2028 / HB1773 Agency seizing property responsible for paying reasonable expenses. Category Property & HousingSponsors Sen. Richard Briggs / Rep. Jason Zachary Description Presently, in order to forfeit any property or any person's interest in the property the state must prove by a preponderance of evidence that: (1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture; and (2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture; or (3) In the case of a secured party, that the following standards are met: (A) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or (B) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. The state's failure to carry the burden of proof operates as a bar to any forfeiture and the property must be immediately returned to the claimant. Under this bill, if the seizing agency fails to carry the burden of proof and a person who has property seized prevails in a claim or action to recover the seized property, then that person will be entitled to reasonable attorney fees and administrative hearing or court costs incurred in seeking the return of the seized property and in bringing the claim or action. Requires the seizing agency to pay for or reimburse such costs and fees. Specifies that the seizing officer and the agency employing the officer will be immune from civil liability for the seizure if the officer and agency acted in good faith. Fiscal Note (Dated February 21, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.House Status 02/24/2016 - Taken off notice in House Civil Justice Subcommittee.Position Support

SB2043 / HB1429 Prohibits sex offenders from residing in on-campus student housing. Category Criminal LawSponsors Sen. Lee Harris / Rep. G.A. Hardaway Description Prohibits persons registered, or required to register, as a sex offender from residing in any public institution of higher education's on campus student housing if: 1) The campus includes a public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center, or public athletic field available for use by the general public; or 2) The campus is within one thousand feet of a public school, private or parochial school, licensed day care center, other child care facility, or public athletic field available for use by the general public. Amendment House Amendment 1 (013296) prohibits any sex offender or violent sex offender from knowingly establishing a primary or secondary residence or any other living accommodation in any public institution of higher education's on-campus student residence facilities. SENATE AMENDMENT 1 (013637) prohibits a person who is registered or required to register, as a violent sex offender or offender against children pursuant to T.C.A 40-39-2 from knowingly establishing a primary or secondary residence or other living accommodation in any public institution of higher education's on-campus student residence facilities, including dormitories or apartments. Fiscal Note (Dated February 5, 2015) NOT SIGNIFICANTSenate Status 04/04/2016 - Senate concurred in House amendment 1. House Status 03/30/2016 - House passed with amendment 1.Executive Status 04/08/2016 - Sent to governor.Position Monitor

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

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Sponsors Sen. Doug Overbey / Rep. Bob Ramsey Description Increases the homestead exemption to $75,000 for an individual and $150,000 for individuals who jointly own and use real property as their primary place of residence. Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 01/27/2016 - Referred to House Civil Justice Subcommittee.Position Monitor

SB2105 / HB1921 Purchase of land in a tax lien sale. Category Taxes PropertySponsors Sen. Jack Johnson / Rep. Charles M. Sargent Description Declares that a purchaser of a parcel of land in a tax lien sale has no obligation to purchase insurance on the parcel during the redemption period and that the purchaser is not liable for damage that occurs to the property during the redemption period unless it is caused by intentional acts of the purchaser. Amendment House Business & Utilities Committee Amendment 1 (014967) deletes all language of the original bill. Clarifies that a person receiving title to a parcel sold at a tax sale pursuant to Tenn. Code Ann. § 67-5-2502 is vested with an absolute and indefeasible title in fee to the parcel, unless a judicial action challenging the parcel is filed in an appropriate court and effectually prosecuted against the person within three years of the recording of the tax deed or an order confirms the sell. A person claiming title of a parcel conveyed pursuant to a tax proceeding after the three-year period shall be forever barred from challenging the title of the parcel. Makes multiple other changes to processes governing parcels offered at county property tax sales for parcels on which delinquent property taxes are owed. SENATE COMMERCE AND LABOR COMMITTEE AMENDMENT 1 (014936) clarifies that a person receiving title to a parcel sold at a tax sale pursuant to T.C.A. 7-5-2502 is vested with an absolute and indefeasible title in fee to the parcel, unless a judicial action challenging the parcel is filed in an appropriate court and effectually prosecuted against the person within three years of the recording of the tax deed or an order confirms the sell. Provides that a person claiming title of a parcel conveyed pursuant to a tax proceeding after the three-year period shall be forever barred from challenging the title of the parcel. Makes multiple other changes to processes governing parcels offered at county property tax sales for parcels on which delinquent property taxes are owed. Fiscal Note (Dated March 6, 2016) NOT SIGNIFICANTSenate Status 04/07/2016 - Senate deferred to the final calendar.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.Position Support

SB2106 / HB1811 Creates offenses regarding drones and infrastructure facilities. Category Criminal LawSponsors Sen. Jack Johnson / Rep. William G. Lamberth Description Creates the offense of using a drone to fly within 250 feet of a critical infrastructure facility for the purpose of conducting surveillance, gathering information about the facility or electronically recording critical infrastructure data. Amendment Senate Amendment 1 (012060) extends the definition of critical infrastructure facility to include an electrical power generation system, electrical transmission system, either as a whole system or any individual component of the system, or electrical distribution substation. Includes a water or wastewater treatment facility or any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas as a critical infrastructure. Specifies that nothing shall prohibit, limit, or otherwise restrict any person from utilizing a small unmanned aircraft in state air space for a specific flight operation, if the flights are conducted under authority granted by the Federal Aviation Administration through the FAA Modernization and Reform Act of 2012, a certificate of

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waiver, certificate of authorization, or airworthiness certificate under certain provision or any other Federal Aviation Administration grant of authority for a specific flight operation. SENATE AMENDMENT 2 (012088) specifies that if any provision of this act or its application to any person is held invalid then the invalidity will not affect other provisions or application of the act that can be given effect without the invalid provision or application, and to that end the provisions of this act will be severable. SENATE AMENDMENT 3 (012381) clarifies that all federally authorized use of drones will be permitted in this state. Without this clarifying amendment, Amendment 1 could be interpreted to limit such permission to specific flight operations rather than more general federal authorization. SENATE AMENDMENT 4 (012443) includes in the definition of "critical infrastructure facility" a manufacturing facility that utilizes any hazardous substance, rather than only those manufacturing facilities that use combustible chemicals, either in storage or in the process of manufacturing. HOUSE AMENDMENT 1 (012936) adds that a person commits the offense of unlawful capture of an image if the person, without the business operator's written consent, knowingly uses an unmanned aircraft within 250 feet of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance or gathering evidence of the infrastructure. Defines "critical infrastructure facility." Provides that an aircraft is not prohibited from operating in compliance with authorization by the Federal Aviation Administration.Fiscal Note (Dated January 30, 2016) NOT SIGNIFICANTSenate Status 03/28/2016 - Senate concurred in House amendment 1.House Status 03/17/2016 - House passed with amendment 1. Executive Status 04/01/2016 - Sent to governor.Position Monitor

SB2108 / HB2060 Requirements for certified real estate appraisers. Category Professions & LicensureSponsors Sen. Jack Johnson / Rep. Glen Casada Description Authorizes state licensed or certified real estate appraisers to comply with a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice (USPAP) when performing an appraisal for any purpose other than a federally related transaction. Authorizes the Tennessee real estate appraisers commission to promulgate rules to effectuate this bill.Fiscal Note (Dated February 7, 2016) NOT SIGNIFICANTSenate Status 02/09/2016 - Taken off notice in Senate Commerce & Labor Committee.House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee.Position Oppose

SB2112 / HB2548 Continuing education training for board of zoning appeals members. Category Property & HousingSponsors Sen. Jack Johnson / Rep. Kelly Keisling Description Increases the minimum continuing education training required for board of zoning appeals members from four hours per year to five hours per year. Broadly captioned.Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 01/27/2016 - Referred to House Local Government Subcommittee.Position Monitor

SB2132 / HB2162 Property tax relief for disabled veterans - annual income limits. Category Taxes PropertySponsors Sen. Paul Bailey / Rep. John Mark Windle Description Removes the annual income limit of $60,000 for disabled veterans seeking property tax relief. Increases disabled veteran's reimbursement amount from $100,000 to $175,000 of the full market value of the property.

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Fiscal Note (Dated March 8, 2016) Increase State Expenditures – $4,793,800Senate Status 03/30/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/30/2016 - Taken off notice in House Local Government Subcommittee.Position Monitor

SB2134 / HB2339 Requires scrap metal dealers pay a biennial fee of $500 Category Professions & LicensureSponsors Sen. Paul Bailey / Rep. Kent Calfee Description Requires each location used by a scrap metal dealer who is required to register to pay a biennial fee of $500 to the Tennessee motor vehicle commission in addition to the current biennial fee required for a motor vehicle dismantler and recycler.Amendment Senate amendment 1 (011871) deletes all language of the original bill. Requires each location used by a scrap metal dealer to pay to the Department of Commerce and Insurance a biennial fee of $500, accompanying such location's application for licensure or renewal of a license. Requires the proceeds of such fee, after any expenses associated with the collection and processing of such payments, including payments of any administrative costs back to the Regulatory Boards Division, to be transferred to the General Fund. Establishes that the biennial fee will only be imposed until June 30, 2017. Fiscal Note (Dated February 22, 2016) Increase State Revenue – $71,500/One-TimeSenate Status 03/24/2016 - Senate passed with amendment 1. House Status 03/28/2016 - House passed.Executive Status 04/01/2016 - Sent to governor.Position Support

SB2135 / HB1732 Fees for scrap metal dealers. Category Transportation VehiclesSponsors Sen. Paul Bailey / Rep. Cameron Sexton Description Requires each location used by a scrap metal dealer to pay a biennial fee of $500 to the Tennessee Motor Vehicle Commission before registration or renewal in addition to the current biennial fee required for a motor vehicle dismantler and recycler. Fiscal Note (Dated February 23, 2016) Increase State Revenue – $71,500/One-TimeSenate Status 03/15/2016 - Senate Commerce & Labor Committee deferred to 03/22/16.House Status 01/26/2016 - Referred to House Business & Utilities Subcommittee.Position Support

SB2164 / HB2491 TN financial literacy program - info on home mortgages. Category EducationSponsors Sen. Reginald Tate / Rep. Harold Love Jr. Description Requires the Tennessee financial literacy commission to include information in educational programs designed to improve understanding of mortgages, home-buying tax incentives, and the home-buying process. Broadly captioned.Amendment House Education Instructions and Programs Subcommittee Amendment 1 (014206) requires all teachers on any reemployment list to be considered for any vacant position that the teacher is certified to fill. HOUSE EDUCATION INSTRUCTIONS AND PROGRAMS SUBCOMMITTEE AMENDMENT 2 provides that all teachers on any reemployment list be notified of any vacant positions that the teacher is certified to fill.Fiscal Note (Dated February 29, 2016) NOT SIGNIFICANTSenate Status 03/23/2016 - Taken off notice in Senate Education Committee.House Status 03/22/2016 - Taken off notice in House Education Instruction and Programs Committee.

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Position Support

SB2173 / HB2235 Time frame for abatement of blighted property. Category Property & HousingSponsors Sen. Reginald Tate / Rep. Barbara W. Cooper Description Increases the period of time in which the owner of property determined to be blighted or deteriorated has to abate the conditions from 90 days to 115 days. Broadly captioned.Fiscal Note (Dated February 16, 2016) NOT SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 02/17/2016 - Taken off notice in House Local Government Subcommittee.Position Monitor

SB2177 / HB2484 Tennessee Brownfield Redevelopment Tax Credit Act of 2016. Category Taxes PropertySponsors Sen. Reginald Tate / Rep. Raumesh Akbari Description Enacts the "Tennessee Brownfield Redevelopment Tax Credit Act of 2016." Allows any qualified business to receive a Tennessee brownfield redevelopment tax credit equal to $4,500 for each qualifying job created. Defines "qualified business" to mean a new or existing business located on a brownfield site. Requires the qualified business to file a business plan with the commissioner of revenue in order to qualify for the credit. Also requires the qualified business to create at least ten qualifying jobs in order to qualify for the credit.Amendment House Agriculture & Natural Resources Committee Amendment 1, Senate Finance Revenue Subcommittee Amendment 1 (013671) adds language to the original bill that limits the F&E tax credits authorized under this Act to two qualified businesses per county, located on brownfield sites in counties with a population of more than 300,000. Establishes that such credits are subject to approval by the respective county legislative body and the Commissioner of the Department of Economic and Community Development.Fiscal Note (Dated February 7, 2016) Decrease State Revenue – Exceeds $3,195,000/FY17-18 and Subsequent YearsSenate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 03/30/2016 - House Finance Subcommittee placed behind the budget.Position Monitor

SB2183 / HB1907 Traumatic brain injury residential homes - requirements. Category Health CareSponsors Sen. Rusty Crowe / Rep. Matthew Hill Description Removes the limitation of no more than eight persons from the definition of traumatic brain injury residential homes. Clarifies that any nonprofit traumatic brain injury residential home operating since 1992 and receiving an annual appropriation from the state has six (6) months from the effective date of this act to be licensed by the board for licensing healthcare facilities.Amendment Senate Amendment 1, House Health Committee Amendment 1 (012597) deletes and rewrites the bill such that the only substantive change is to establish that a TBIRH is a "facility," rather than a "single-family residence." Fiscal Note (Dated February 1, 2016) NOT SIGNIFICANTSenate Status 03/09/2016 - Senate passed with amendment 1.House Status 03/31/2016 - House Calendar & Rules Committee deferred to 04/14/16.Position Monitor

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SB2226 / HB1918 Continuing education requirements for auctioneers. Category Professions & LicensureSponsors Sen. Steve Southerland / Rep. Marc Gravitt Description Exempts auctioneers age 60 or older from all continuing education requirements only if the auctioneer has been licensed for 10 years or longer or licensed prior to July 1, 1999.Amendment House Amendment 1 (011755) deletes and replaces Section 1 of the bill such that the amended bill exempts from continuing education requirements any auctioneer who is at least 60 years of age and has been licensed for 10 years or longer, or has been licensed since July 1, 1999. Fiscal Note (Dated January 30, 2016) NOT SIGNIFICANTSenate Status 03/21/2016 - Senate passed.House Status 02/29/2016 - House passed with amendment 1.Executive Status 04/07/2016 - Signed by governor.Position Support

SB2227 / HB1810 State-owned surplus property to be disposed of at auction. Category Property & HousingSponsors Sen. Steve Southerland / Rep. Marc Gravitt 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 $9,000Senate 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 LawSponsors 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 SIGNIFICANTSenate 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 LawSponsors 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

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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 LawSponsors 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 04/07/2016 - Set for Senate Judiciary Committee - Final Calendar 04/12/16.House Status 04/06/2016 - House Criminal Justice Committee recommended with amendment 1 (014930). Sent to House Finance.Position Support

SB2300 / HB1932 Expands the applicability of the Neighborhood Preservation Act. Category Property & HousingSponsors 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.

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Fiscal Note (Dated February 9, 2016) NOT SIGNIFICANTSenate 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 LawSponsors 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 LawSponsors 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 & HousingSponsors 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 & HousingSponsors 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 SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.

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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 & HousingSponsors 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 LawSponsors 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 & HousingSponsors 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 & MiningSponsors 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

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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 ProjectSenate 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 & MiningSponsors 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

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SB2356 / HB2293 Prohibits certain operations relating to rock quarries Category Energy & MiningSponsors 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 & MiningSponsors 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 SIGNIFICANTSenate 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 GovernmentSponsors 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 GovernmentSponsors 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, diSBursements, and expenses, including reasonable attorney fees, be paid to a successful plaintiff in addition to any damages awarded. Broadly captioned.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 UtilitiesSponsors Sen. Bo Watson / Rep. Marc Gravitt

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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 SIGNIFICANTSenate 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 & HousingSponsors 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

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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 State & Local Government Committee 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. Fiscal Note (Dated February 29, 2016) Increase Local Revenue – Exceeds $1,500/PermissiveSenate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/11/16.House Status 04/07/2016 - Set for House Finance Subcommittee 04/12/16.Position Monitor

SB2386 / HB2000 Hall income tax credit for donation to school. Category Taxes GeneralSponsors 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 YearsSenate Status 02/23/2016 - Failed in Senate Finance Revenue Subcommittee after adopting amendment 1 (011798), which makes the bill only applicable to public and private schools, and not home schools. House Status 01/27/2016 - Referred to House Finance Subcommittee.Position Monitor

SB2389 / HB2068 Clarifies agency power under UAPA. Category Government RegulationSponsors 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.

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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 SIGNIFICANTSenate 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 & HousingSponsors 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 SIGNIFICANTSenate Status 04/07/2016 - Senate passed.House Status 04/04/2016 - House passed with amendment 1.Executive Status 04/07/2016 - Sent to the speakers for signatures.Position Support

SB2406 / HB2217 Petitions to agencies to adopt, amend or repeal rules. Category Government Regulation

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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 SIGNIFICANTSenate 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 & NatureSponsors 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/PermissiveSenate Status 03/14/2016 - Senate passed.House Status 03/28/2016 - House passed.Executive Status 04/01/2016 - Sent to governor.Position Monitor

SB2428 / HB2242 Annexation by resolution. Category Local GovernmentSponsors 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 LawSponsors 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

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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 Senate Commerce and Labor Committee Amendment 1, 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 04/08/2016 - Set for Senate Floor Regular Calendar 04/11/16.House Status 04/07/2016 - House passed with amendment 1. 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. Position Monitor

SB2476 / HB2282 Hunting on land without owner's consent. Category Environment & NatureSponsors 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 GovernmentSponsors 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 EducationSponsors 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

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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

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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

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and Subsequent Years/General Fund HB 2569 - SB 2534Senate Status 03/28/2016 - Senate passed with amendment 1 (012809), which 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.House Status 04/07/2016 - House passed.Executive Status 04/07/2016 - Sent to the speakers for signatures.Position Monitor

SB2535 / HB1533 Field inspections by state fire marshal. Category Government RegulationSponsors 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 BusinessSponsors 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

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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.Fiscal Note (Dated February 16, 2016) Increase State Revenue – $10,000,000/FY16-17 and Subsequent Years/P.R.E.P. Fund Decrease State Revenue – $135,000/FY17-18/General Fund $270,000/FY18-19/General Fund $405,000/FY19-20/General Fund $540,000/FY20-21/General Fund $675,000/FY21-22/General Fund $810,000/FY22-23 and Subsequent Years/General Fund HB 2570 - SB 2538 Increase State Expenditures – $10,000,000/FY16-17 and Subsequent Years/P.R.E.P. Fund $10,000,000/FY16-17 and Subsequent Years/General Fund Increase Local Revenue – $9,500,000/FY16-17 and Subsequent Years/Permissive Increase Local Expenditures – $9,500,000/FY16-17 and Subsequent Years/Permissive The Governor’s proposed budget for FY16-17, on page B-303, recognizes a one-time state appropriation for the Rural Development Initiative in the amount of $10,000,000. The proposed budget, on page A-40, additionally recognizes a recurring decrease in state revenue to the General Fund in the amount of $800,000. Secondary economic impacts may occur as a result of this bill. Such impacts may be reflected as additional commercial activity in the state’s rural communities and distressed counties as a result of the Rural Development Initiative grants and F&E tax credits for qualified business enterprises, additional jobs created as a result of such grants and credits, and additional investments by local governments and business enterprises as a result of such grants and credits. Due to multiple unknown factors, fiscal impacts di rectly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.Senate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/13/16.House Status 03/17/2016 - House passed.Position Monitor

SB2591 / HB1941 Nuisance actions on changed farming operations. Category AgricultureSponsors Sen. Mark S. Norris / Rep. Tim Wirgau Description Imposes same burden of proof in nuisance actions based on new types of farming operations as presently applied to nuisance actions based on established farming operations. Fiscal Note (Dated February 7, 2016) NOT SIGNIFICANTSenate Status 03/21/2016 - Senate passed.House Status 03/10/2016 - House passed.Executive Status 04/07/2016 - Signed by governor.Position Monitor

SB2592 / HB2116 Prohibits landlord from evicting victims of domestic abuse. Category Property & HousingSponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Prohibits a landlord from evicting victims of domestic abuse, minor children, and innocent occupants when domestic abuse is the underlying reason for terminating a lease. Specifies that landlord may remove the person who committed the domestic abuse from the lease

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agreement and require remaining occupants to execute a new agreement for the remainder of the lease term.Amendment House Amendment 1 (013105) rewrites the bill. Specifies that in any case which domestic abuse is the underlying offense for which tenancy is terminated, only the perpetrator may be evicted. The perpetrator remains financially liable under the lease agreement. The landlord may require any remaining adults to enter into a new lease agreement. The perpetrator will not be permitted to return the leased property. Rights under this bill require an order of protection. Nothing in the bill would prohibit the eviction of a victim of domestic abuse for non-payment of rent or other lease violation. Senate Commerce Amendment 1 (013570) mirrors House Amendment 1 (013105), but removes the section which states that if domestic abuse is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy, and a violation of such agreement shall be cause to terminate tenancy as to any victim and all other tenants. Removes any reference of this section throughout the entire amendment.Fiscal Note (Dated February 28, 2016) NOT SIGNIFICANTSenate Status 04/08/2016 - Set for Senate Floor Regular Calendar 04/11/16.House Status 04/07/2016 - House passed with amendment 1. House Amendment 1 (013105) rewrites the bill. Specifies that in any case which domestic abuse is the underlying offense for which tenancy is terminated, only the perpetrator may be evicted. The perpetrator remains financially liable under the lease agreement. The landlord may require any remaining adults to enter into a new lease agreement. The perpetrator will not be permitted to return the leased property. Rights under this bill require an order of protection. Nothing in the bill would prohibit the eviction of a victim of domestic abuse for non-payment of rent or other lease violation. Position Monitor

SB2594 / HB2496 Felony convictions in regard to licensure. Category Professions & LicensureSponsors Sen. Mark S. Norris / Rep. Raumesh Akbari Description Prohibits employee permits from being issued to servers of alcoholic beverages, barbers, land surveyors, soil scientists, athletic trainers, reflexology practitioners, fireworks exhibitors, and well drillers and installers that have been convicted of a felony for the commission of an offense that bears directly on their fitness to practice competently.Fiscal Note (Dated February 26, 2016) NOT SIGNIFICANTSenate Status 03/14/2016 - Senate passed.House Status 03/24/2016 - House passed.Executive Status 04/06/2016 - Signed by governor.Position Monitor

SB2599 Limits appraised value of low-income housing tax credit property. Category Taxes PropertySponsors Sen. Mark S. Norris Description Limits the appraised value of low-income housing tax credit property for property tax purposes to the value indicated by an income approach that utilizes market or unrestricted rent for comparable property.Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status NonePosition Monitor

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SB2600 / HB2036 Classifying property as low-income housing property. Category Taxes PropertySponsors Sen. Mark S. Norris / Rep. Jeremy Faison Description Establishes procedure for classifying property as low-income housing property. Permits any owner of property to apply for classification as low-income housing property on any assessment roll of any county by filing an application with the property assessor by April 1 of the first year the classification is sought. Requires the assessor to determine whether the property is low-income housing property and then to classify property as such on the county tax roll. Specifies requirements for LIHTC property and FmHA 515 property. Requires the assessor to discontinue the classification of property as low-income housing property unless the owner certifies, upon request of the assessor, that the property continues to qualify as low-income housing property. Requires the assessor to request the certification in the year of completion of every general reappraisal of property in the county but in no event less frequently than every six years. Requires such property be valued according to present use value. Makes other related revisions. Fiscal Note (Dated February 16, 2016) Decrease Local Revenue – $4,313,700Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 03/02/2016 - Failed in House Local Government Subcommittee.Position Monitor

SB2604 / HB1826 County mayor to sell land held because of delinquent taxes. Category Taxes PropertySponsors Sen. Mark S. Norris / Rep. Mark White Description Authorizes a county mayor to sell land held by the county due to delinquent taxes during the redemption period to a third party under certain conditions. Allows a county mayor to hold properties in some instances until a sufficient number of parcels or area has been acquired to improve the parcels' marketability and redevelopment profile. Clarifies that in no event shall the accumulation of such parcels result in property being held without being marketed for more than five years. Decreases the amount of time a tax must be due on abandoned property before the tax lien can be enforced from two years to one year.Fiscal Note (Dated February 9, 2016) Other Fiscal Impact - Local governments could experience a permissive increase in revenue or an earlier recognition of revenue depending on the action authorized by the bill. For those actions that result in an increase in revenue, it is reasonably estimated to increase permissive local revenue by $500 per property.Senate Status 04/06/2016 - Senate passed.House Status 03/07/2016 - House passed.Executive Status 04/06/2016 - Sent to the speakers for signatures.Position Support

SB2619 / HB2118 Hall income tax- allows locals to levy tax and ends state tax. Category Taxes GeneralSponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Terminates state-imposed Hall income tax for tax years beginning on or after January 1, 2017. Specifies Hall tax must be used for state purposes only. Clarifies that termination of tax does not absolve persons for any tax liability. Allows municipal and county governments to levy a like tax not to exceed 2.25 percent beginning on or after January 1, 2017. Provides that an ordinance or resolution authorizing such a tax shall be approved by (1) a two-thirds vote of the local legislative body, and (2) a majority of the voters answer in the affirmative on whether or not the tax should be levied. Requires a petition of registered voters amounting to ten percent of the

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votes cast in the municipality or county in the last gubernatorial election within 30 days of approval of the ordinance or resolution to bring the vote up for referendum. Orders election commission to call the election to be held at the next regularly scheduled general election. Specifies tax must be levied on same persons and to the same extent as the tax was levied by the state. Clarifies same exemptions, credits, and deductions shall be applicable. Requires any approved ordinance or resolution to specify rate of the tax. Requires department of revenue to collect the tax on behalf of county or municipality. Fiscal Note (Dated February 12, 2016) Decrease State Revenue – Net Impact – $166,310,800/FY17-18 and Subsequent Years Decrease Local Revenue – Net Impact – $90,864,200/FY17-18 and Subsequent Years Other Fiscal Impact – There could be a permissive and recurring increase in local government revenue if local governments elect to levy an income tax pursuant to this bill. Due to multiple unknown factors, the extent of any permissive increase in local revenue pursuant to the levy of a local tax cannot be quantified with reasonable certainty. In addition, the extent to which any permissive increase in local revenue will offset the mandatory decrease in local revenue is unknown. Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary impacts cannot be quantified with reasonable certainty.Senate Status 04/07/2016 - Set for Senate Finance, Ways & Means Committee - Bills Behind the Budget 04/12/16.House Status 03/16/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.Position Oppose

SJR462 Constitutional amendment -prohibits state property tax. Category Taxes PropertySponsors Sen. Todd Gardenhire Description Proposes an amendment to Article II, Section 28, of the Constitution of Tennessee to prohibit the legislature from imposing a state property tax on real property. Senate Status 03/29/2016 - Taken off notice in Senate Judiciary Committee.House Status NonePosition Support

HB842 Higher education institutions - student housing without sprinklers. Category EducationSponsors Rep. John Mark Windle Description Permits certain student residences housing fewer than ten students at public higher education institutions to be occupied although the residences do not have sprinklers.Fiscal Note (Dated March 16, 2015) NOT SIGNIFICANTSenate Status NoneHouse Status 03/17/2015 - Taken off notice in House Business & Utilities Subcommittee.Position Monitor

HB2535 Cities with population over 40,000 to provide water and sewer systems. Category Local GovernmentSponsors Rep. Bo Mitchell Description Requires municipalities with a population greater than 40,000 to provide water and sewer systems and to charge for water and sewer service. Prohibits such municipalities from contracting with other municipalities for water or sanitary sewer services.Senate Status None

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

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