tnrealtors.com · web viewreduces hall income tax by one percent in every year that state revenue...

Farrar & BatesTN Association of Realtors Bill Track

Week of March 14th

SB2 / HB1169 Hall income tax - phases out over three-year period. Sponsors Sen. Brian K. Kelsey / Rep. Tilman Goins

Description Phases out the Hall income tax over a three year period beginning January 1, 2016, to January 1, 2010 by reducing the tax rate by 2% annually. Prohibits an income tax on dividends from stocks or by way of interest on bonds after January 1, 2018.

Fiscal Note (Dated February 24, 2015) Decrease State Revenue – Net Impact – $55,544,900/FY16-17 $111,089,900/FY17-18 $166,634,800/FY18-19 and Subsequent Years Decrease State Expenditures – $500,000/FY19-20 and Subsequent Years Decrease Local Revenue – Net Impact – $30,180,100/FY16-17 $60,360,100/FY17-18 $90,540,200/FY18-19 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 02/23/2016 - Senate Finance Revenue Subcommittee recommended with amendment (011813). Sent to Senate Finance, Ways & Means Committee.

House Status 02/24/2015 - Referred to House Finance Subcommittee.SB25 Notary public- record keeping.

Sponsors Sen. Brian K. KelseyDescription Provides that only if a notary public charges a fee for services, must the notary public record,

either electronically or in a well-bound book, each of the notary's acts, attestations, protestations, and other instruments of publication. If the notary public does not demand or receive a fee then no recordation is required.

Fiscal Note (Dated April 7, 2015) NOT SIGNIFICANTSenate Status 01/17/2015 - Referred to Senate Judiciary Committee.House Status None

SB47 / HB813 Reduces Hall Income tax. Sponsors Sen. Mark Green / Rep. Charles M. Sargent

Description Reduces Hall income tax by one percent in every year that state revenue growth exceeds three percent. Specifies that once Hall income tax rate reaches three percent, the reduction rate of the Hall income tax in years that state revenue growth exceeds three percent decreases to three-quarters (.75) percent until the rate is reduced to zero. Specifies that the reduced Hall income tax rate takes effect on January 1 following the end of the fiscal year in which the state revenue growth exceeded three percent. Specifies that distribution of tax revenue to general fund decreases in conjunction with each reduction of Hall income tax rate until it reaches zero. Increases distribution of tax proceeds to county or municipality government in which the taxpayer resides until 100 percent of proceeds are distributed to the county or municipality.

Amendment Senate Finance Committee Amendment 1 (004446) establishes that the reduction in HIT rate will begin on January 1 of the year following the year in which the Commissioner of F&A determines that state revenue growth exceeded an average of three percent over the previous two consecutive fiscal years. SENATE FINANCE COMMITTEE AMENDMENT 2 (004912) adds language to the bill authorizing local governments to levy an identical HIT. Prohibits any such tax from being levied prior to January 1 of the calendar year in which the rate of the tax collected by the state is equal to or greater than 2.25 percent. Prohibits the sum of the tax rate levied by the local government and tax rate collected by the state from exceeding 2.25 percent. SENATE FINANCE COMMITTEE AMENDMENT 3 (011837) deletes all language of the original bill. Establishes that in any year, beginning with FY14-15, in which state revenue growth exceeds an average of three percent over the previous two consecutive fiscal years, the Hall Income Tax (HIT) rate will be reduced by one percentage

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point on January 1 for the following calendar year; except that when the rate is reduced to three percent and in the event state revenue growth exceeds three percent over the previous two consecutive fiscal years after such reduced rate becomes effective, then the subsequent reduction to the rate shall be 0.75 percent. Defines "state revenue growth" as a percentage increase in revenue derived from state taxes that are collected by the state and deposited in the General Fund. Changes the local government distribution rate, after any deductions for necessary administrative expenses, from 37.50 percent to: 45.00 percent when the HIT rate is 5.00 percent; 56.25 percent when the HIT rate is 4.00 percent; 75.00 percent when the HIT rate is 3.00 percent; and 100.00 percent when the HIT rate is 2.25 percent, 1.50 percent, or 0.75 percent. Authorizes local governments to levy an identical HIT, but prohibits such tax from being levied prior to January 1 of the calendar year in which the rate of the tax imposed by the state is equal to or greater than 2.25 percent. Prohibits the sum of the tax rate levied by the local government and tax rate levied by the state from exceeding 2.25 percent. Requires the Department of Revenue to collect the tax on behalf of each local government levying the tax. Authorizes the Department to deduct necessary expenses for collecting the tax, prior to distributing revenue to local governments.

Fiscal Note (Dated March 11, 2015) Decrease State Revenue – Net Impact – $43,477,500/FY16-17 $86,954,900/FY17-18 $130,445,900/FY18-19 $163,054,000/FY19-20 $164,247,600/FY20-21 $165,441,200/FY21-22 $166,634,800/FY22-23 and Subsequent Years Decrease State Expenditures – $500,000/FY23-24 and Subsequent Years Increase Local Revenue – Net Impact – $615,000/FY16-17 $1,229,900/FY17-18 $1,858,400/FY18-19 SB 47 – HB 813 $2,319,600/FY19-20 Decrease Local Revenue – Net Impact – $28,633,600/FY20-21 $59,586,900/FY21-22 $90,540,200/FY22-23 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 economic impacts cannot be quantified with reasonable certainty. Any change in the fiscal impact as a result of state revenue growth not exceeding three percent over the previous fiscal year will be contingent upon the specific fiscal year in which such growth was not exceeded, and the apportionment rate for local government for any such fiscal year. The fiscal impact for the bill in such instances will be significant to both state and local government; however, any such fiscal impacts cannot be quantified.

Senate Status 02/24/2016 - Re-referred to Senate Finance, Ways & Means Committee.House Status 04/14/2015 - Taken off notice in House Government Operations Committee.

SB64 Tennessee real estate commission courses. Sponsors Sen. Steve Southerland

Description Requires the Tennessee real estate commission to approve any course designed to meet the education requirements for a real estate license that is one hour in length, provided that it meets all other commission requirements.

Senate Status 01/15/2015 - Withdrawn in Senate.House Status None

SB69 / HB50 Continuing education course requirements for real estate broker. Sponsors Sen. Steve Southerland / Rep. Art Swann

Description Prohibits the Tennessee real estate commission from requiring that a real estate broker continuing education course be longer than one hour.

Senate Status 01/17/2015 - Referred to Senate Commerce & Labor Committee.House Status 01/17/2015 - Referred to House Business & Utilities Subcommittee.

SB129 / HB207 Publishing future plans for streets and highways on websites. Sponsors Sen. Jim Tracy / Rep. Darren Jernigan

Description Requires a county or municipality to publish the official map of future plans for streets and highways on county or municipality's website at least 30 days before the date of the hearing on the map. Broadly Captioned.

Fiscal Note (Dated January 29, 2015) NOT SIGNIFICANTSenate Status 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.House Status 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.

SB150 / HB297 Notice required before a levy is enforced on assets. Sponsors Sen. Mark Green / Rep. Jay D. Reedy

Description Amends the taxpayer bill of rights by changing the current right to a ten day notice before a levy on assets is enforced to a 14 day notice. Broadly captioned.

Fiscal Note (Dated February 17, 2015) NOT SIGNIFICANTSenate Status 03/24/2015 - Senate Finance Revenue Subcommittee deferred to 03/31/15.House Status 03/30/2015 - House passed.

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SB162 / HB152 Manufactured homes- deletes inspection fee. Sponsors Sen. Becky Duncan Massey / Rep. Michael Harrison

Description Deletes commissioner of commerce and insurance's authority to establish a monitoring inspection fee to be paid by each manufactured home manufacturer.


SB175 / HB165 Insurance of property destroyed by fire - revisions. Sponsors Sen. Bill Ketron / Rep. Jeremy Durham

Description Revises provisions regulating insurance of property destroyed by fire. Expands real property insurance inspection requirements. Clarifies that real property insurance policies must not exceed the fair value of the property. Clarifies that insurance policies on real property will not be invalidated by certain actions.

Fiscal Note (Dated March 2, 2015) NOT SIGNIFICANTSenate Status 03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.House Status 02/11/2015 - Referred to House Insurance & Banking Subcommittee.

SB190 / HB176 Cash salary supplement for an officer's designated beneficiary. Sponsors Sen. Kerry Roberts / Rep. Mary Littleton

Description Establishes that an officer's designated beneficiary receives a cash salary supplement for required training, despite the officer's failure to complete the training, if the failure is due to the death of the officer in the line of duty.

Amendment House amendment 1 (003865) deletes all language of the original bill. Authorizes honorably discharged military veterans with at least 3 years of service to enter the law enforcement training academy; requires the POST Commission to pay the $600 in-service training supplement to an officer's designated beneficiary if the officer fails to attend due to death in the line of duty.

Fiscal Note (Dated February 20, 2015) Increase State Expenditures – $1,800Senate Status 01/21/2016 - Senate passed.House Status 04/22/2015 - House passed with amendment 1.

Executive Status 02/05/2016 - Enacted as Public Chapter 0530 effective February 1, 2016.SB192 / HB62 Real estate brokers - response to complaint of misconduct.

Sponsors Sen. Rusty Crowe / Rep. Jimmy MatlockDescription Increases the amount of time a real estate broker, affiliate broker, time-share salesperson, or

acquisition agent has to respond to a complaint of professional misconduct to 30 days. Broadly Captioned.

Fiscal Note (Dated March 4, 2015) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 2 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB193 / HB38 Requirements for executive director of real estate commission. Sponsors Sen. Rusty Crowe / Rep. Bud Hulsey

Description Deletes the requirement of passing the broker's examination as a qualification to be executive director of the real estate commission.


SB306 / HB236 Enacts the Uniform Real Property Transfer on Death Act. Sponsors Sen. Ken Yager / Rep. John Mark Windle

Description Creates "Uniform Real Property Transfer on Death Act." Limits, modifies and supersedes certain sections of the federal Electronic Signatures in Global and National Commerce Act. Establishes certain filing rules for persons disclaiming an interest in real property created by a transfer on death deed.

Fiscal Note (Dated April 1, 2015) Increase State Expenditures – Exceeds $349,700 Increase Federal Expenditures – Exceeds $650,300

Senate Status 02/11/2015 - Referred to Senate Judiciary Committee.House Status 03/04/2015 - Taken off notice in House Civil Justice Subcommittee.

SB405 / HB610 Tennessee Homeowners Association Act. Sponsors 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.)


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SB438 / HB428 Landowner notification of bill of rights in condemnation proceedings. Sponsors Sen. Ferrell Haile / Rep. Courtney Rogers

Description Directs office of attorney general to prepare a written statement of the rights of a property owner whose real property may be acquired through eminent domain. Specifies which rights each property owner needs to be informed of and that statement is to be titled "Tennessee Landowner's Bill of Rights." Requires statement to be made available on the attorney general's website. Directs attorney general to mail a copy of the bill of rights statement, along with a copy of the petition, to the landowner. Specifies that failure to deliver the bill of rights to the landowner is not grounds for dismissal.

Fiscal Note (Dated February 25, 2015) NOT SIGNIFICANTSenate Status 02/11/2015 - Referred to Senate Judiciary Committee.House Status 03/04/2015 - Failed in House Civil Justice Subcommittee.

SB450 / HB525 Hamilton County - Neighborhood Preservation Act. Sponsors Sen. Todd Gardenhire / Rep. Patsy Hazlewood

Description Makes the Neighborhood Preservation Act applicable to Hamilton County.

Senate Status 02/11/2015 - Referred to Senate State & Local Government Committee.House Status 02/18/2015 - Referred to House Local Government Subcommittee.

SB459 / HB185 Prohibits the infringement or restriction of private property rights. Sponsors Sen. Mike Bell / Rep. Sheila Butt

Description Prohibits the state or any political subdivision from adopting or implementing any policy that infringes upon or restricts private property rights without due process of law. Repeals any law in conflict with the act and prohibits contracts that are in conflict with the act from being entered into or renewed on or after the effective date of the act.

Fiscal Note (Dated February 3, 2015) Other Fiscal Impact - There is a potential fiscal impact to state and local government revenue and expenditures. Due to multiple unknown factors, the net fiscal impact for this bill is indeterminable.

Senate Status 04/08/2015 - Taken off notice in Senate Judiciary Committee.House Status 01/27/2016 - House State Government Subcommittee deferred to final calendar.

SB465 / HB898 Tennessee Uniform Real Property Transfer on Death Act. Sponsors Sen. Mike Bell / Rep. Kevin Brooks

Description Creates the "Tennessee Uniform Real Property Transfer on Death Act." Authorizes real property and motor vehicles to be transferred upon an owner's death to a designated beneficiary. Allows such action to occur if indicated in a "death deed." Specifies contents of such death deeds. (14 pp.)

Fiscal Note (Dated March 16, 2015) Increase State Expenditures – Exceeds $349,700 Increase Federal Expenditures – Exceeds $650,300

Senate Status 03/24/2015 - Taken off notice in Senate Judiciary Committee.House Status 01/21/2016 - Withdrawn in House.

SB476 / HB407 Bradley County pilot project - delinquent property tax collection. Sponsors Sen. Mike Bell / Rep. Dan Howell

Description Creates a pilot project in Bradley County to improve the collection of personal property taxes from businesses. Provides that after a taxpayer applies to the department of revenue for renewal of a license to conduct business, and before renewal, the department shall notify the county in which the taxpayer resides regarding the application. Prohibits the renewal of taxpayer's license if the individual owes delinquent personal property taxes, as evidenced by a list from the county trustee to the department.

Fiscal Note (Dated February 25, 2015) Decrease State Revenue – $400/Recurring Increase State Expenditures – $240,000/One-Time Increase Local Revenue – Net Impact – Exceeds $50,000/Recurring

Senate Status 02/12/2015 - Referred to Senate Finance, Ways & Means Committee.House Status 03/11/2015 - Taken off notice in House Local Government Subcommittee.

SB498 / HB487 Requires antique seller to keep record of seller's actual address. Sponsors Sen. Jack Johnson / Rep. Pat Marsh

Description Requires a sellers of scrap jewelry and precious metals to provide the seller's actual address, not mailing address, in transaction records.


SB530 / HB305 Special license plates for "Tennessee Association of Realtors." Sponsors Sen. Dolores R. Gresham / Rep. Steve McDaniel

Description Permits the issuance of "Tennessee Association of Realtors" new specialty earmarked

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license plates for motorcycles.Fiscal Note (Dated February 24, 2015) Increase State Revenue – $1,000/General Fund/FY15-16

$3,700/Tennessee Association of Realtors/FY15-16 $2,900/Tennessee Arts Commission/FY15-16 $700/Highway Fund/FY15-16 $4,200/Tennessee Association of Realtors/FY16-17 and Subsequent Years $3,300/Tennessee Arts Commission/FY16-17 and Subsequent Years $800/Highway Fund/FY16-17 and Subsequent Years Increase State Expenditures - $1,000/General Fund/FY15-16

Senate Status 02/12/2015 - Referred to Senate Transportation & Safety Committee.House Status 02/25/2015 - Taken off notice in House Transportation Subcommittee.

SB548 / HB501 Secure Home Act. Sponsors Sen. Todd Gardenhire / Rep. JoAnne Favors

Description Allows a domestic abuse victim, who is a tenant under a rental agreement, to submit a written request to the landlord to change the locks of the leased premises if a protective order has been issued. Requires the landlord, at the landlord's expense, to change the locks on the leased premises by the close of the next business day after receiving a written request. Allows the tenant to change the locks if the landlord fails to change the locks and deduct the cost from the next rent payment. Requires a landlord to change the locks on a leased premises upon receipt of a written request if a tenant, whose locks have already been changed, subsequently obtains an additional protective order for the benefit of the tenant or a household member. Authorizes the landlord to charge a fee to the tenant not exceeding the reasonable cost of changing the locks. Grants immunity to the landlord from any cause of action by any tenant or household member that arises out of acts by a protective order respondent occurring between the submission of a proper written request and the expiration of the period.

Fiscal Note (Dated April 29, 2015) Other Fiscal Impact – To the extent public housing facilities are impacted by this legislation, there would be a mandatory increase in local government expenditures of an unknown amount dependent upon the extent of initial orders of protection issued. Such mandatory local expenditures could range from amounts considered not significant up to significant recurring amounts exceeding $1,000*.


SB549 / HB775 Zoning amendment requires written consent of property owner. Sponsors 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 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/09/2016 - Taken off notice in House Local Government Subcommittee.

SB556 / HB678 Phasing out the privilege tax for certain occupations. Sponsors Sen. Janice Bowling / Rep. James (Micah) Van Huss

Description Institutes a plan to phase out of the privilege tax on persons engaged in certain occupations. Decreases the privilege tax annually by 20 percent over the next five years. Eliminates the tax in 2019 and thereafter. Prohibits the tax from being applied more than once for a single person in the circumstance that individuals have multiple professions being affected under the privilege tax. Prohibits any tax be levied upon the privilege of engaging in those certain professions, businesses, and occupations.

Fiscal Note (Dated March 13, 2015) Decrease State Revenue – Net Impact – $15,466,100/FY14-15 $30,932,200/FY15-16 $46,398,300/FY16-17 $61,864,400/FY17-18 $77,330,500/FY18-19 and Subsequent Years Decrease State Expenditures – $173,100/FY14-15 $346,200/FY15-16 $519,400/FY16-17 $692,500/FY17-18 $865,600/FY18-19 and Subsequent Years Increase Local Revenue – $217,900/FY14-15 $435,700/FY15-16 $653,600/FY16-17 $871,500/FY17-18 $1,089,400/FY18-19 and Subsequent Years

Senate Status 03/10/2016 - Set for Senate Finance, Ways & Means Committee Regular Calendar 03/15/16.House Status 04/21/2015 - Taken off notice in House Finance Subcommittee.

SB563 / HB124 County clerks to charge a fee for same day title and online services. Sponsors Sen. Doug Overbey / Rep. Dale Carr

Description Permits county clerks to charge a fee of up to five dollars for same-day title printing and certain online services via the country clerk's website. Permits county clerks to enter into agreements with third-party providers in order to facilitate same-day title printing and certain online services. Establishes that third-party providers may impose an additional transaction fee for aforementioned services.

Fiscal Note (Dated February 24, 2015) Decrease Local Expenditures – Exceed $46,800 Other Fiscal

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Impact – There will be permissive increases in local government revenue and permissive increases in local government expenditures of unknown amounts. Any such permissive impacts cannot be determined for such impacts are dependent upon multiple unknown factors.

Senate Status 02/12/2015 - Referred to Senate State & Local Government Committee.House Status 02/25/2015 - Taken off notice in House Local Government Subcommittee.

SB584 / HB232 Person offering short term rental to transient pays hotel taxes. Sponsors Sen. Doug Overbey / Rep. Dale Carr

Description Defines "short term rental" to mean a room, apartment, condominium, house, or any other dwelling unit or part of a dwelling unit furnished to transients for sleeping purposes in exchange for consideration. Requires any person who furnishes a short term rental to a transient shall pay all applicable taxes and obtain a local business license that must be displayed on rental premises and on any marketing materials or web site offering short term rental or rent.

Amendment House Business & Utilities Committee Amendment 1, Senate Commerce & Labor Amendment 1 (005440) defines short-term rental. Requires any person who furnishes a short-term rental to pay occupancy tax, sales tax and any other applicable tax and obtain a local business license. Requires licenses to be displayed on the premises and any materials/website. Short-term rentals do not apply to the principal residence of a person who furnishes to transients less than 15 days per year. Short-term rentals are not subject to commercial property tax. Effective date of January 1, 2016.

Fiscal Note (Dated March 17, 2015) Increase State Revenue – $1,493,600 Increase Local Revenue – $1,659,900

Senate Status 03/31/2015 - Failed in Senate Commerce & Labor Committee after adopting amendment 1 (005440).

House Status 04/14/2015 - House Finance Subcommittee deferred to first calendar of 2016.SB709 / HB759 Use of drones for land surveying.

Sponsors Sen. John Stevens / Rep. Andy HoltDescription Specifies that only a duly registered land surveyor may lawfully use an unmanned aircraft for

land surveying.Fiscal Note (Dated March 2, 2015) NOT SIGNIFICANT

Senate Status 02/18/2015 - Referred to Senate Judiciary Committee.House Status 03/24/2015 - Failed in House Business & Utilities Subcommittee.

SB749 / HB779 Abolishes deannexation by ordinance. Sponsors 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. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005698) 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. (005698) rewrites the bill. Specifies a six month time table for the municipality to submit a map of deannexed streets. Establishes a one year time table for the commissioner to revise and reallocate distributed funds to the municipality or county for maintenance of roads. Requires a two-thirds vote of a municipal legislative body in order for the municipality to rescind the deannexation prior to the reallocation of any funds. Specifies what a petition for deannexation must contain. Specifies procedures and rules for election commission during referendum for 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

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agreement between the relevant county and the municipality to provide relevant services. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005931) deletes and rewrites the bill in its entirety. Declares that, for any street deannexed by a city on or after May 1, 1998, the city shall submit a map of the deannexed area to the Commissioner of the Department of Finance and Administration for the purpose of the Commissioner revising and reallocating funds to the appropriate city or county. Prohibits a municipality from deannexing certain territory, including roads, streets, and right-of-ways, without two-thirds vote of the county legislative body. Establishes procedures for county election commission to conduct a vote for deannexation after ten percent or more of registered voters in the municipality petition the county election commission that an election be held for such purpose. Prohibits future deannexation referendums if voters fail to approve the measure in an initial referendum. Repeals section of the bill on May 16, 2021, that calls for a referendum if ten percent or more of the registered voters in the relevant zone sign a petition in favor of deannexation. Increases the minimum number of days from petition to the regularly scheduled Election Day from 45, as stated in the original bill, to 75 days. HOUSE FINANCE COMMITTEE AMENDMENT 1 (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 2 HB 779 – SB 749 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.

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 04/22/2015 - Re-referred to Senate Calendar Committee.House Status 03/10/2016 - Set for House Floor Regular Calendar 03/14/16.

SB751 / HB780 Municipality to amend a plan of services by resolution. Sponsors Sen. Bo Watson / Rep. Mike Carter

Description Specifies that in certain circumstances a municipality may amend a plan of services by resolution of the governing body after a public hearing if notice was published in a newspaper of general circulation at least 30 days, instead of 15 days, prior to the hearing. Broadly captioned.

Amendment House amendment 1, Senate State & Local Government Committee amendment 1 (005287) rewrites the bill. Sets a sixty day time frame as to the amount of time members of a coordinating committee have to reconvene if called to do so by a county mayor. Allows for certain counties with smaller populations to opt out. House amendment 2 (005513) alters the amended bill such that eligibility for certain loan and grant programs lapsing for those counties and municipalities with growth plans that are more than five years old does not apply to any county having a population according to the most recent ten year census that is greater than 44.5 percent and 50,000 of its population in the preceding decennial census, which applies to Williamson County. House amendment 3 (006971) removes Section 2 and Section 4.

Fiscal Note (Dated March 20, 2015) NOT SIGNIFICANTSenate Status 04/22/2015 - Re-referred to Senate Calendar Committee.House Status 01/12/2016 - Held on House clerk's desk.

SB754 / HB778 Allows certain property owners to vote in an annexation referendum. Sponsors Sen. Bo Watson / Rep. Mike Carter

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Description Allows nonresident property owners in a territory proposed for annexation to vote on whether or not to annex the territory. Limits number of nonresident property owns per property that can vote. Defines "business entity" and "nonresident property owner" for the purpose of voting in annexation referendum. Creates alternative process to annex territory by referendum at a town hall meeting.

Amendment Senate State & Local Government Committee amendment 2 (005481) redefines "nonresident property owner" to mean a qualified voter in the state, rather than a qualified voter in the county where the proposed annexation is to occur. SENATE STATE & LOCAL GOVERNMENT COMMITTEE Amendment 3 (005482) authorizes a resident and a qualified voter in the state, rather than a resident and qualified voter in the country, with an ownership interest in the annexation zone to vote in an annexation referendum. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005352) removes section of the bill which authorizes annexation through a town hall meeting. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005937) deletes and rewrites the bill in its entirety. Authorizes no more than two non-resident property owners which own property in an annexation zone to vote in an annexation election. Defines "business entity" and "nonresident property owner."

Fiscal Note (Dated March 24, 2015) Increase Local Expenditures - Exceeds $5,000/PermissiveSenate Status 04/08/2015 - Re-referred to Senate Calendar Committee.House Status 04/14/2015 - Failed in House Finance Subcommittee.

SB756 / HB662 Property used for agricultural purposes for consensual annexation. Sponsors Sen. Bo Watson / Rep. Mike Carter

Description Specifies that a person may contest a municipality's determination that an owner's property is not primarily used for agricultural purposes by petitioning the county legislative body. Defines how property is classified as "property being used primarily for agricultural purposes" as it relates to municipal annexation by referendum.

Amendment Senate State & Local Government Committee amendment 1, House Local Government Committee amendment 1 (005372) rewrites the bill. Defines "property being used primarily for agricultural purposes", for the purpose of annexation, to mean property that satisfies one of the following four conditions: (1) property is classified as agricultural land or forest land; (2) property fails to meet the size requirements for agricultural land or forest land; (3) owner of the property or operator of the property meets the definition of a qualified farmer or nurseryman, or is eligible to file a farm tax return; (4) property meets the definition of agriculture.

Fiscal Note (Dated March 4, 2015) Other Fiscal Impact – To the extent a special meeting is required by a county legislative body for the purpose of conducting a contested case hearing, and members of the body are compensated on a per meeting basis, there would be a mandatory increase in local expenditures up to a maximum of $7,700 for any such meeting.*

Senate Status 04/22/2015 - Re-referred to Senate Calendar Committee.House Status 04/21/2015 - House Finance Committee deferred to 2016.

SB767 / HB816 Authorizes a municipality to contract its limits by ordinance. Sponsors Sen. Frank Niceley / Rep. Billy Spivey

Description Authorizes a municipality to contract its limits by ordinance upon receiving a petition signed by 75 percent of the residents of the area to be deannexed. Requires approval for deannexation through referendum before the ordinance that contracts the limits will go into effect. Specifies that if the referendum fails, the ordinance is void and the matter cannot be considered again for two years.

Fiscal Note (Dated March 24, 2015) NOT SIGNIFICANTSenate Status 03/26/2015 - Taken off notice in Senate State & Local Government Committee.House Status 04/01/2015 - Taken off notice in House Local Government Subcommittee.

SB778 / HB1059 Creates a Second Amendment tax-free weekend. Sponsors Sen. Mae Beavers / Rep. James (Micah) Van Huss

Description Expands tax-free holiday to include firearms, firearms accessories, and firearms ammunition, referring to it as the "Second Amendment Tax-Free Weekend." Defines firearm, firearms accessories, and firearms ammunition for the purpose of the tax-free holiday.

Fiscal Note (Dated March 14, 2015) Decrease State Revenue – $203,700 Increase State Expenditures – $83,100

Senate Status 04/21/2015 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/21/2015 - Taken off notice in House Finance Subcommittee.

SB839 / HB1358 Reduces Hall Income Tax. Sponsors Sen. Ken Yager / Rep. Kent Calfee

Description Reduces the Hall income tax based upon revenue growth exceeding three percent in any

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fiscal year, which is presently levied by the state, until it reaches zero percent. Allows local governments, upon the state tax rate reaching zero percent, to levy a like tax not to exceed 2.25 percent, if the ordinance or resolution levying the tax is approved within two years.

Fiscal Note (Dated March 14, 2015) Decrease State Revenue – Net Impact – $43,477,500/FY16-17 $86,954,900/FY17-18 $130,445,900/FY18-19 $163,054,000/FY19-20 $164,247,600/FY20-21 $165,441,200/FY21-22 $166,634,800/FY22-23 and Subsequent Years Decrease State Expenditures – $500,000/FY23-24 and Subsequent Years Increase Local Revenue – Net Impact – SB 839 - HB 1358 $615,000/FY16-17 $1,229,900/FY17-18 $1,858,400/FY18-19 $2,319,600/FY19-20 Decrease Local Revenue – Net Impact – $28,633,600/FY20-21 $59,586,900/FY21-22 $90,540,200/FY22-23 and Subsequent Years Other Fiscal Impact – There could be a permissive recurring increase in local government revenue if local governments levy a HIT, not to exceed 2.25 percent, upon adoption of an ordinance or resolution within two years following January 1 of the calendar year in which the tax levied by the state is reduced to zero percent. Due to many unknown factors, such as the number of local governments that will levy the tax, the average tax rate levied, the taxable base of persons subject to the tax, and the timing of any such levy, a precise fiscal impact cannot be quantified with reasonable certainty. Any change in the fiscal impact as a result of state revenue growth not exceeding three percent over the previous fiscal year will be contingent upon the specific fiscal year in which such growth was not exceeded, and the apportionment rate for local government for any such fiscal year. The fiscal impact for the b ill in such instances will be significant to both state and local government; however, any such fiscal impacts cannot be quantified. 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 economic impacts cannot be quantified with reasonable certainty.

Senate Status 02/23/2016 - Senate Finance Revenue Subcommittee recommended. Sent to Senate Finance, Ways & Means Committee.

House Status 02/24/2015 - Referred to House Finance Subcommittee.SB846 / HB1357 Age limits - Hall Income Tax exemption.

Sponsors Sen. Ken Yager / Rep. Kent CalfeeDescription Increases from $33,000 to $43,000 for single filers and from $59,000 to $69,000 for persons

filing jointly, the maximum income that persons 65 and older may be exempt from paying the Hall income tax for tax years 2016 and onward.

Fiscal Note (Dated March 12, 2015) Decrease State Revenue – Net Impact – $1,682,300/FY16-17 and Subsequent Years Decrease Local Revenue – Net Impact – $914,100/FY16-17 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 04/16/2015 - Set for Senate Finance, Ways & Means Committee- Bills Behind the Budget 04/16/15.

House Status 02/24/2015 - Referred to House Finance Subcommittee.SB880 / HB986 Revises provisions on offering condemned property to former owners.

Sponsors Sen. Ferrell Haile / Rep. Courtney RogersDescription Revises provisions governing condemned property being offered for sale to the former

owner. Allows person or persons for whom the property was taken to require the sale of the property for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain, the current fair market value of the property, or the payment of any appreciation in value of the property from the initial acquisition to the time of the petition.

Amendment House Civil Justice Subcommittee Amendment 1 (011958) provides that if the local government has taken property through eminent domain, the government can sell the property to the former owner if the local government decides to sell, fails to initiate development on the property for the purpose of which it was condemned or taken within ten year and fails to progress on development every three years, or develops or uses the property for a purpose other than that for which it was taken. Requires the government, by a good faith effort, to notify the former owner within 60 days of sale. Requires, along with notice, that the government send a purchase agreement to the former owner, authorizing purchase for the lesser of either the price paid by the government at acquisition plus expenditures, or an amount not less than the fair market value. Provides that the former

9



owner has 30 days to sign and return the purchase agreement. States that if the government wrongfully conveys the property, the former owner may receive damages including proceeds of the sale or fair market value of the property, whichever is greater, and attorneys' fees.

Fiscal Note (Dated March 10, 2015) Decrease State Revenue - $100,000/Recurring/Highway Fund Other Fiscal Impact – To the extent state and local government sell condemned property for a consideration less than fair market value, there will be a decrease in state and local revenue of an unknown amount dependent upon the specifics of each transaction.

Senate Status 03/24/2015 - Taken off notice in Senate Judiciary Committee.House Status 03/09/2016 - Taken off notice in House Civil Justice Subcommittee.

SB887 / HB1034 Time to report crime in order to recover stolen property. Sponsors Sen. Brian K. Kelsey / Rep. Martin Daniel

Description Requires person to report the theft of stolen scrap jewelry or precious metals to law enforcement within 30 days, instead of 20 days, in order to recover the stolen property from a buyer or dealer of scrap jewelry or precious metals.

Fiscal Note (Dated March 19, 2015) NOT SIGNIFICANTSenate Status 04/01/2015 - Taken off notice in Senate Judiciary Committee after adopting amendment 1.House Status 03/31/2015 - Taken off notice in House Business & Utilities Subcommittee.

SB908 / HB971 Time to post notice before hearing on establishing housing authority. Sponsors Sen. Ferrell Haile / Rep. Joe Pitts

Description Increases period of advance public notice required before a hearing is held on a petition to establish a housing authority from 10 to 20 days.

Fiscal Note (Dated April 15, 2015) NOT SIGNIFICANTSenate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/24/2015 - Referred to House Local Government Subcommittee.

SB909 / HB943 Governmental immunity for all parcels purchased at tax sales. Sponsors Sen. Ferrell Haile / Rep. Bud Hulsey

Description Grants a government entity immunity from liability all dues, fees, and assessments for all parcels purchased by the entity at tax sales.

Fiscal Note (Dated April 15, 2015) Decrease Local Expenditures – Up to $100,000Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 02/24/2015 - Referred to House Local Government Subcommittee.

SB912 / HB919 Hearing on a zoning ordinance - notice increase. Sponsors Sen. Jack Johnson / Rep. Martin Daniel

Description Increases the notice required for a hearing on a zoning ordinance or any amendment to a zoning ordinance to 30 days, rather than 15 days. Broadly captioned.

Amendment SENATE STATE & LOCAL SUBCOMMITTEE AMENDMENT 1 (005093) provides that, in regards to municipal zoning, proof that a business establishment paid taxes for not less than three years immediately preceding the request for permission to rebuild, expand, or construct additional facilities, shall create a presumption that the use to which the establishment operates was permitted prior to the zoning change. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005851) deletes and replaces certain language of the bill such that the amended bill authorizes municipalities with more than 25,000 residents to increase from $10,000 to $25,000 the threshold for which competitive bids or public advertisement is required for public purchases.

Fiscal Note (Dated March 20, 2015) NOT SIGNIFICANTSenate Status 04/06/2015 - Senate State & Local Government Committee recommended with amendment

1 (005093). Sent to Senate Calendar Committee.House Status 01/27/2016 - Re-referred to House Local Government Subcommittee.

SB934 / HB964 Historic Rehabilitation Tax Credit Act. Sponsors Sen. Rusty Crowe / Rep. Jon Lundberg

Description Establishes a tax credit, only applicable in the city of Bristol, for an owner of a certified historic structure that incurs qualified rehabilitation expenditures for the rehabilitation of that structure. Provides that the tax credit may be used against any state premium tax liability and is to be equal to 25 percent of the qualified rehabilitation expenditures, provided that certain requirements for the rehabilitation are met. Requires that requests for a property to be designated as a certified historic structure or for a proposed rehabilitation must be made on application forms provided by the Tennessee historical commission, which shall entail certain standards, such as those established by the United States department of the interior for rehabilitation. Authorizes the commission to issue tax credit certificates to an owner for qualified rehabilitation expenditures, on the condition that an audited cost report of the rehabilitation by a public accountant is performed and there is evidence that the historic structure has been placed in service.

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Fiscal Note (Dated March 23, 2015) Decrease State Revenue – $3,404/FY15-16/State Premium Taxes* $10,200/FY16-17/State Premium Taxes* $17,000/FY17-18/State Premium Taxes* $20,400/FY18-19 and Subsequent Years/ State Premium Taxes* HB 964 - SB 934 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 restored historical properties, and increased property values at and around the restored properties. However, due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty. *The following funds/departments will be affected by the estimated decrease in state revenue: General Fund, Second Injury Fund, and the Department of Commerce and Insurance. However, the extent to which any fund or the Department will be affected cannot be determined with reasonable certainty.

Senate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.House Status 03/24/2015 - Taken off notice in House Government Operations Committee.

SB938 / HB1038 Property leased to marina owner by federal government exempt from tax. Sponsors Sen. Bo Watson / Rep. Cameron Sexton

Description Specifies that federally owned property leased for use by an owner or operator for a marina, yacht club, dock, or similar property is exempt from property taxes if the owner or operator makes in lieu tax payments. Defines payment in lieu of tax agreement for the purpose of this exemption from property taxes.

Fiscal Note (Dated March 25, 2015) Decrease Local Revenue - Exceeds $100,000Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 04/01/2015 - Taken off notice in House Local Government Subcommittee.

SB939 / HB459 Refund of property taxes after final action. Sponsors Sen. Bo Watson / Rep. Jon Lundberg

Description Requires any county that is ordered to make a refund of property taxes pursuant to a final action of a court or the state board of equalization or assessment appeals commission to deliver the refund by United States certified mail, return receipt requested.

Amendment HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005818) deletes and rewrites the bill in its entirety; requires one-third of monies paid, in the first three years after the effective date of this legislation and the full amount thereafter, by an individual owning or operating a marina, yacht club, dock, or similar property that is on property owned by the United States Army Corps of Engineers, that are paid for the purpose of satisfying a payment in lieu of tax agreement with the taxing jurisdiction, to be credited by the applicable taxing jurisdiction against the responsibility of such person for real and personal property taxes with respect to the marina, yacht club, dock, or similar property. Effective January 1, 2016. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (006157) deletes and rewrites the bill in its entirety. Requires one-third of monies paid, in the first three years after the effective date of this legislation and the full amount thereafter, by an individual owning or operating a marina, yacht club, dock, or similar property that is on property owned by the United States Army Corps of Engineers, that are paid for the purpose of satisfying a payment in lieu of tax agreement with the taxing jurisdiction, to be credited by the applicable taxing jurisdiction against the responsibility of such person for real and personal property taxes with respect to the marina, yacht club, dock, or similar property. Effective January 1, 2017.

Fiscal Note (Dated March 25, 2015) Increase Local Expenditures - $54,000*Senate Status 04/22/2015 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/14/2015 - House Finance Subcommittee deferred to 2016.

SB940 Property tax exemption- leased federal property to private lessees. Sponsors Sen. Bo Watson

Description Exempts from property taxes, any property owned by the federal government or federal agency, and leased to private lessees who make in lieu of tax payments on such property.

Senate Status 02/26/2015 - Withdrawn in Senate.House Status None

SB980 / HB1083 Extra-territorial jurisdiction authority binding after removal. Sponsors Sen. Mark S. Norris / Rep. Curry Todd

Description Clarifies that any actions taken by Shelby County under extra-territorial jurisdictional authority granted to the county by a private act shall remain binding on the owners of the property or other affected persons and that any removal of this extra-territorial jurisdiction shall not be retroactive in application.

Fiscal Note (Dated March 14, 2015) NOT SIGNIFICANT

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SB983 / HB1045 Revisions to apportionment, planning, and annexation. Sponsors Sen. Mark S. Norris / Rep. Tim Wirgau

Description Increases the minimum number of municipalities authorized to enter into inter-local agreements with any county from 1 to 2. Increases the time period in which nominations must be received by the department of economic and community development for nominees to the regional planning commission from 30 days to 45 days. Specifies various revisions to the law governing local government apportionment, planning, and annexation.

Fiscal Note (Dated March 23, 2015) NOT SIGNIFICANTSenate Status 04/08/2015 - Taken off notice in Senate State & Local Government Committee.House Status 02/24/2015 - Referred to House Local Government Subcommittee.

SB1027 / HB1068 Posting of notices on secretary of state's website. Sponsors Sen. Bill Ketron / Rep. Bryan Terry

Description Requires all legal notices relative to foreclosures, land sales, transactions involving real property, or otherwise required by statute to be published in a newspaper of general circulation to be posted on the administrative register web site within the secretary of state's web site. Provides that a legal notice may also be filed in a newspaper of general circulation, provided that a publishing fee of $50.00 is paid to the secretary of state.

Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/23/2015 - Referred to House State Government Subcommittee.

SB1035 / HB540 Imposed fees for the issuance of utility installation permits. Sponsors Sen. Bill Ketron / Rep. Patsy Hazlewood

Description Prohibits local governments from imposing a fee of more than $200 for the issuance of a permit authorizing excavation, demolition, or similar operations for below-ground utilities in any right-of-way on or after July 1, 2015. Broadly captioned.

Fiscal Note (Dated April 10, 2015) Other Fiscal Impact – No impact to state government. No significant impact on local government in the short-term. However, to the extent any local government entity might seek to raise these permit fees above the stipulated $200 cap, in the future, this proposal will trigger forgone permit fee revenue of an unknown amount.

Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/18/2015 - Referred to House Business & Utilities Subcommittee.

SB1041 / HB940 Retention of records for scrap metal dealers. Sponsors Sen. Steve Southerland / Rep. Judd Matheny

Description Changes the length of time that scrap metal dealers must retain records of their transactions from 3 years to 38 months.

Fiscal Note (Dated March 21, 2015) NOT SIGNIFICANTSenate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.House Status 03/31/2015 - Taken off notice in House Business & Utilities Subcommittee.

SB1043 / HB237 Property Assessed Clean Energy Act. Sponsors Sen. Steve Southerland / Rep. Bill Dunn

Description Enacts the "Property Assessed Clean Energy Act," which allows a local government to establish a property assessed clean energy program (PACE program). Requires the local government to adopt a resolution of intent and to hold a public hearing on the proposed program. Allows a local government that establishes a program to enter into a written consent with a record owner of real property in a region to impose an assessment to repay the owner's financing of a qualified project on the owner's property. Defines a "qualified improvement" as a permanent improvement fixed to real property and intended to decrease or offset water or energy consumption or demand, including a product, a device, or an interacting group of products or devices that uses energy technology to generate electricity, provide thermal energy, regulate temperature, or increase energy efficiency." (13 pp.)

Amendment House Agriculture & Natural Resources Subcommittee amendment 1 (004330) specifies lending companies and their operations are exempt from adopted programs under this act.

Fiscal Note (Dated March 15, 2015) Increase State Expenditures – Not Significant Increase Local Revenue – Exceeds $5,000/Permissive Increase Local Expenditures – Exceeds $5,000/Permissive

Senate Status 03/25/2015 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/25/2015 - House Agriculture & Natural Resources Subcommittee deferred to 2016.SB1047 / HB479 Deed preparation requirements.

Sponsors Sen. Jeff Yarbro / Rep. Bill Beck

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Description Requires that a deed for the conveyance of real property be prepared and filed by a licensed attorney or the owner of the property. Requires the county register to ensure a deed is properly prepared before it is registered and to note the verification on the deed. Authorizes the county register to refuse to register any deed that is not prepared by a licensed attorney or the owner of the real property.

Amendment House Civil Justice Committee Amendment 1 (005587) makes various changes regarding the drafting of certain deeds by licensed attorneys and where the deed should be filed. Adds additional clarifying language. Allows an attorney's designee to file a deed with the register of deeds, in addition to the attorney or owner. Specifies that real property not described in a recorded instrument contained within a deed of conveyance of real property to be described legally so as to be distinguishable from all other real property. Excludes application to time-share programs and vacation clubs, or to deeds filed on behalf of a federal, state, or local government.

Fiscal Note (Dated March 12, 2015) NOT SIGNIFICANTSenate Status 04/07/2015 - Failed in Senate Judiciary Committee.House Status 03/31/2015 - House Civil Justice Committee recommended with amendment 1 (005587).

Sent to House Calendar & Rules.SB1049 / HB857 Proposed landfill owner to provide notice to nearby property owners.

Sponsors Sen. Jeff Yarbro / Rep. Bill BeckDescription Requires a proposed landfill owner to provide notice to persons owning property within a

five-kilometer radius, instead of the previous three-mile radius, 15 days in advance of any scheduled hearing. Broadly Captioned.

Amendment Senate Energy, Agriculture & Natural Resources Committee Amendment 1, House Agriculture & Natural Resources Committee amendment 1 (001194) deletes all language from the original bill. Authorizes local governments imposing a surcharge on municipal solid waste to use the proceeds of the surcharge for solid waste processing, in addition to solid waste collection or disposal of solid waste processing. Authorizes Davidson County to impose and collect a solid waste collection, processing, and disposal fee. Requires that funds generated from fees be used to: establish and maintain solid waste collection, processing, disposal services, and material recovery venues and programs; and cover costs borne by counties as a consequence of disposal, including expenses incurred in determining such costs. Requires all county residents to have access to the services, venues, and programs established and maintained pursuant to this Act. Requires fee amounts to bear a reasonable relationship to the cost of providing such services, venues, and programs. Requires the county imposed fee to be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board. Requires all moneys collected to be separate from the General Fund.

Fiscal Note (Dated March 3, 2015) NOT SIGNIFICANTSenate Status 03/07/2016 - Senate Energy, Agriculture & Natural Resources Committee recommended

with amendment 1 (001194), which deletes all language from the original bill. Authorizes local governments imposing a surcharge on municipal solid waste to use the proceeds of the surcharge for solid waste processing, in addition to solid waste collection or disposal of solid waste processing. Authorizes Davidson County to impose and collect a solid waste collection, processing, and disposal fee. Requires that funds generated from fees be used to: establish and maintain solid waste collection, processing, disposal services, and material recovery venues and programs; and cover costs borne by counties as a consequence of disposal, including expenses incurred in determining such costs. Requires all county residents to have access to the services, venues, and programs established and maintained pursuant to this Act. Requires fee amounts to bear a reasonable relationship to the cost of providing such services, venues, and programs. Requires the county imposed fee to be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board. Requires all moneys collected to be separate from the General Fund. Sent to Senate Calendar Committee.

House Status 03/10/2016 - Set for House Finance Committee 03/15/16.SB1079 HOA to provide certain records upon request of owner.

Sponsors Sen. Lee HarrisDescription Requires a homeowner's association to provide various records to a unit owner upon written

request.Senate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.House Status None

SB1131 / HB938 Land acquired by eminent domain must be in utility's service district. Sponsors Sen. Janice Bowling / Rep. Judd Matheny

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Description Specifies that land to be acquired by a public or private utility must be in the utility's service district.

Fiscal Note (Dated April 14, 2015) Increase Local Expenditures – Exceeds $3,000*Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 02/24/2015 - Referred to House Civil Justice Subcommittee.

SB1135 / HB592 Posted notice - criminal violations for a metals recycling facility. Sponsors Sen. Reginald Tate / Rep. Antonio Parkinson

Description Changes the size requirement, from 24 inches horizontally by 18 inches vertically to 48 inches horizontally and 36 inches vertically, for the posted notice regarding criminal violations for a metals recycling facility.

Amendment House Criminal Justice Committee amendment 1 (005547) authorizes a law enforcement officer to arrest someone without a warrant when the person has committed a misdemeanor though not in the officer's presence. Authorizes a law enforcement officer to arrest someone without a warrant when a misdemeanor has in fact been committed and the officer has reasonable cause for believing the person arrested has committed the misdemeanor. Authorizes a law enforcement officer to issue a citation in lieu of continued custody to an arrested individual for simple possession or casual exchange of a controlled substance or for possession of drug paraphernalia if the officer seized the controlled substance, drug paraphernalia, and any weapons on the person arrested; the officer does not believe there is reasonable likelihood that the arrested person will fail to appear in court; and the arrested person does not have any outstanding arrest warrants and does not have a prior drug conviction. Authorizes a magistrate issuing an arrest warrant or capias for a person who committed either simple possession or casual exchange of a controlled substance or possession of drug paraphernalia to determine whether the person is to be arrested and taken into custody or arrested and issued a citation in lieu of continued custody.

Fiscal Note (Dated March 15, 2015) NOT SIGNIFICANTSenate Status 04/08/2015 - Taken off notice in Senate Judiciary Committee.House Status 04/08/2015 - House Business & Utilities Committee deferred to 2016.

SB1141 / HB1258 Disclosure of mold in residential units. Sponsors Sen. Reginald Tate / Rep. Johnnie Turner

Description Requires any residential landlord to certify in writing to any prospective tenant, prior to entering into a rental agreement, that the residential landlord does not know or have reasonable cause to know that mold exists in the dwelling unit and building. Requires the landlord to disclose information and measures taken to remove mold if the landlord knows that mold has been present. Requires landlord to disclose to any current tenant the presence of mold if the landlord knows or has reasonable cause to know that mold is present. Does not require landlords to perform or conduct air or surface tests unless a current tenant notifies the landlord of potential mold.


SB1149 / HB1081 Increases time to provide application to fire and building inspectors. Sponsors Sen. Reginald Tate / Rep. Ron Lollar

Description Expands the time in which the state fire marshal must provide recertification application forms to fire safety and building inspectors, from 60 days to 75 days prior to the expiration of the certification. Broadly Captioned.

Fiscal Note (Dated March 19, 2015) NOT SIGNIFICANTSenate Status 03/30/2015 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/24/2015 - Taken off notice in House Business & Utilities Subcommittee.

SB1153 / HB1237 Historic Rehabilitation Tax Credit Act. Sponsors Sen. Reginald Tate / Rep. Larry J. Miller

Description Enacts the "Historic Rehabilitation Tax Credit Act," which specifies that any owner of a certified historic structure shall earn a tax credit against any state premium tax liability for the rehabilitation of such historic structure. Specifies that the tax credit will be an amount equal to 25 percent of the qualified rehabilitation expenditures. Requires the rehabilitation to meet standards consistent with those of the secretary of the U.S. Department of the Interior for rehabilitation as certified by the Tennessee Historical Commission. Also, requires the rehabilitation expenditures associated with the certified historic structure to exceed $5,000 to be eligible for the tax credit.

Fiscal Note (Dated March 23, 2015) Increase State Revenue – $57,600/FY15-16 and Subsequent Years/ Historical Commission Decrease State Revenue – $809,000/FY15-16/State Premium Taxes* $2,427,000/FY16-17/State Premium Taxes* $4,044,900/FY17-18/State Premium Taxes* SB 1153 - HB 1237 $4,853,900/FY18-19 and Subsequent Years/State Premium Taxes*

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Increase State Expenditures – $57,600/FY15-16 and Subsequent Years/ Historical Commission 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 restored historical properties, and increased property values at and around the restored properties. However, due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty. *The following funds/departments will be affected by the estimated decrease in state revenue: General Fund, Second Injury Fund, and the Department of Commerce and Insurance. However, the extent to which any fund or the Department will be affected cannot be determined with reasonable certainty.

Senate Status 04/01/2015 - Taken off notice in Senate Finance Revenue Subcommittee.House Status 03/31/2015 - House Government Operations Committee deferred to last calendar.

SB1192 / HB1136 Notice to homeowners for planned group homes in neighborhood. Sponsors Sen. Mae Beavers / Rep. Susan Lynn

Description Requires notice to affected homeowners when certain state-owned group homes are planned. Requires notice to homeowners living 500 yards within the proposed site.

Fiscal Note (Dated February 26, 2015) NOT SIGNIFICANTSenate Status 03/18/2015 - Taken off notice in Senate Health & Welfare Committee.House Status 02/16/2016 - Taken off notice in House Health Subcommittee.

SB1195 / HB1137 Annexing municipality - providing of utility services. Sponsors Sen. Mae Beavers / Rep. Susan Lynn

Description Provides an aggrieved party with the right to appeal the findings of the water and wastewater authority board to the circuit court. Clarifies that an annexing municipality possesses the exclusive right to provide utility services in annexed areas if the municipality chooses to provide such services. Broadly captioned.

Fiscal Note (Dated March 2, 2015) NOT SIGNIFICANTSenate Status 03/26/2015 - Senate State & Local Government Committee deferred to 04/07/15.House Status 03/24/2015 - Failed in House Business & Utilities Subcommittee.

SB1200 / HB255 No temporary injunction if owner is not person creating the nuisance. Sponsors Sen. Jeff Yarbro / Rep. Johnny W. Shaw

Description Prohibits court from imposing temporary injunction restraining a nuisance prior to a hearing on the nuisance if the property owner is not the person keeping, maintaining, or carrying on the nuisance. Authorizes court to dismiss or continue a nuisance action if the property owner seeks to abate nuisance once given notice of it.

Fiscal Note (Dated February 21, 2015) NOT SIGNIFICANTSenate Status 04/07/2015 - Senate Judiciary Committee deferred to 2016.House Status 03/16/2015 - House passed.

SB1282 / HB1215 Establishment of rural economic development task force. Sponsors Sen. Joey Hensley / Rep. Barry Doss

Description Establishes a rural economic development task force consisting of seven members to study the feasibility of authorizing grants, loans, or other economic incentives to facilities in rural, economically distressed counties. Requires the task force to report to the finance committees of the senate and house by January 1, 2016. Broadly captioned.

Amendment Senate Government Operations Committee amendment 1, House Business & Utilities Committee amendment 1 (003933) rewrites the bill to enact the "The Rural Economic Development Stimulus Act," which qualifies certain business enterprises within localities with a population of 50,000 or less for a franchise and excise tax credit, provided that the business creates at least 15 qualified jobs.

Fiscal Note (Dated March 11, 2015) NOT SIGNIFICANTSenate Status 04/21/2015 - Senate Finance, Ways & Means Committee deferred to 2016.House Status 01/20/2016 - House Finance Subcommittee deferred to last calendar.

SB1283 / HB1214 Inspection of a footer to be considered performed timely. Sponsors Sen. Joey Hensley / Rep. Barry Doss

Description Increases the number of days for an inspection of a footer to be considered performed timely from inspection within one working day of when the request is made to the inspector, to three working days.

Amendment House Business and Utilities Subcommittee Amendment 1 (003931) removes provision stating that a resolution passed by a local legislative body to exempt the county or municipality from statewide codes for one-family, and two-family dwellings expires 180 days after the next election of that legislative body.

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Fiscal Note (Dated March 20, 2015) NOT SIGNIFICANTSenate Status 03/31/2015 - Failed in Senate Commerce & Labor Committee for lack of a second.House Status 04/01/2015 - Taken off notice in House Business & Utilities Committee.

SB1310 / HB1281 Obsolete language regarding annexation by ordinance. Sponsors Sen. Frank Niceley / Rep. Billy Spivey

Description Deletes obsolete language relative to annexation by ordinance. Increases, from 30 days to 60 days, the time after certification in an election when an annexation becomes effective after approval by the voters.

Fiscal Note (Dated March 23, 2015) NOT SIGNIFICANTSenate Status 03/26/2015 - Taken off notice in Senate State & Local Government Committee.House Status 04/01/2015 - Taken off notice in House Local Government Subcommittee.

SB1311 / HB1283 Hall income tax exemptions clarified. Sponsors Sen. Frank Niceley / Rep. Billy Spivey

Description Sets new tax exemptions on income derived from stocks and bonds for taxpayers 65 years of age or older. Specifies that for an individual return, the tax imposed does not apply to the first $33,000 dollars of income and for a joint return, the tax imposed does not apply to the first $59,000 dollars on income.

Fiscal Note (Dated February 26, 2015) Decrease State Revenue – Net Impact – $29,085,100 Decrease Local Revenue – Net Impact – $15,803,300 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 04/01/2015 - Taken off notice in Senate Finance Revenue Subcommittee.House Status 03/25/2015 - Taken off notice in House Finance Subcommittee.

SB1347 / HB1319 Requires notice by first class mail for seizure of personal property. Sponsors Sen. Randy McNally / Rep. Jimmy Matlock

Description Requires that if notice of seizure of personal property subject to delinquent taxes is accomplished by mailing notice to the person's last known address it must be mailed by first class, registered, or certified mail.

Fiscal Note (Dated July 24, 2015) NOT SIGNIFICANTSenate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/23/2015 - Referred to House Local Government Subcommittee.

SB1358 / HB419 Notice of tax assessment being challenged by taxpayer. Sponsors Sen. Randy McNally / Rep. David Alexander

Description Clarifies that taxpayer challenging a tax assessment by the department of revenue must attach the notice of the assessment to the petition filed in the lawsuit. Broadly captioned.

Fiscal Note (Dated February 7, 2015) NOT SIGNIFICANTSenate Status 02/19/2015 - Referred to Senate Finance, Ways & Means Committee.House Status 03/18/2015 - Taken off notice in House Finance Subcommittee.

SB1365 / HB1378 Revised Border Region Retail Tourism Development District Act. Sponsors Sen. Todd Gardenhire / Rep. Marc Gravitt

Description Revises the "Border Region Retail Tourism Development District Act" to allow municipalities to report the cost of an economic development project within 30 days after the end of each fiscal year. Clarifies that municipalities may disclose the amount of a payment made to a private party for eligible costs even if the payment is derived from sales and use taxes collected from a single parcel of property.

Fiscal Note (Dated March 14, 2015) NOT SIGNIFICANTSenate Status 03/17/2015 - Taken off notice in Senate State & Local Government Committee.House Status 03/12/2015 - Withdrawn in House.

SB1371 / HB1230 Notice of filing of a condemnation petition - certified by mail. Sponsors Sen. Sara Kyle / Rep. Joe Towns Jr.

Description Requires notice of filing of a condemnation petition to be sent by certified mail with a return receipt requested. Requires nonresident respondents to be notified by certified mailing, rather than by publication. Increases the time after notice of filing that petitioner must wait to take any additional steps in the condemnation proceedings to 90 days, instead of 30 days. Requires notice to include statements concerning respondent's right to contest or appeal condemnation proceedings and that condemner has the right to take possession of property 90 days after the notice of filing, if the right to take possession has not been challenged. Broadly captioned.

Fiscal Note (Dated March 25, 2015) Increase State Expenditures – Exceeds $2,500 Increase Local

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Expenditures – Exceeds $2,500*Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 03/25/2015 - Taken off notice in House Civil Justice Subcommittee.

SB1395 / HB1371 Utility districts compelling person to connect to extended sewer line. Sponsors Sen. Kerry Roberts / Rep. Andy Holt

Description Allows a county governing body to prohibit utility districts from compelling customers to connect to the extended sewer system or charge customers who have not connected to the extended sewer system more than the minimum sewer fee charged when the extension is paid for entirely by the county governing body.

Fiscal Note (Dated March 8, 2015) Other Fiscal Impact – No impact to state government. To the extent any county enacts an ordinance or resolution preventing a utility district from requiring connection to a sewer system, the county will incur a permissive decrease in revenue, and potentially a permissive increase in local expenditures. The extent of any such impacts is dependent upon multiple unknown factors and cannot be quantified.

Senate Status 03/26/2015 - Taken off notice in Senate State & Local Government Committee.House Status 03/24/2015 - Failed in House Business & Utilities Subcommittee for lack of a motion.

SB1440 / HB2154 Reduces Hall income tax for certain disabled veterans. Sponsors 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.


House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.SB1446 / HB1426 Authorizes Davidson County to issue bonds for affordable housing.

Sponsors Sen. Jeff Yarbro / Rep. Darren JerniganDescription Authorizes Davidson County to issue bonds to fund affordable housing and workforce

housing projects.Amendment Senate State & Local Government amendment 1, House amendment 1 (012396) adds

language to the bill that specifies that only local governments in which affordable or workforce housing is located are to be authorized to issue debt or borrow money to finance such projects. Requires local governments to comply with Article II, § 29 of the Constitution of Tennessee; specifically, in no event, shall the credit of any county, city or town be given to, or loaned to, or in aid of any person, company, association or corporation except upon an election to be first held by the qualified voters of such county, city or town where three-fourths of the voters elect to approve such action. Adds the word "capital" to clarify that references to expenditures are capital expenditures.

Fiscal Note (Dated January 22, 2016) Increase Local Expenditures – Exceeds $147,100/PermissiveSenate Status 03/10/2016 - Set for Senate Finance, Ways & Means Committee Regular Calendar 03/15/16.House Status 02/22/2016 - House passed with amendment 1.

SB1450 / HB1465 Allows names of delinquent taxpayers to be published in a newspaper. Sponsors Sen. Randy McNally / Rep. Jason Zachary

Description Allows local collecting officials of hotel taxes to publish the names of delinquent taxpayers and the amounts owed in a newspaper of general circulation. Clarifies that the present law that makes state tax records confidential does not apply to local hotel tax records. Allows local modification of any ordinances or resolutions prior to this act.

Amendment House Local Government Committee amendment 1, Senate amendment 1 (012426) deletes and rewrites Section 1, subsection (b) of the bill to authorize tax collectors to publish notice, if the amount of tax due or delinquent exceeds $10,000 and has been due or delinquent for 120 or more days; or if the amount of tax due or delinquent exceeds $50,000. Adds new subsection (f) to prohibit the operator's name and amount of taxes due or delinquent from being listed on any published notice if all or any portion of the tax is part of a suit filed by the operator challenging the collection or assessment of the tax.

Fiscal Note (Dated January 31, 2015) Increase Local Revenue - Exceeds $5,000/Permissive Increase Local Expenditures - Exceeds $1,100/Permissive

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Senate Status 02/29/2016 - Senate passed with amendment 1.House Status 03/10/2016 - Set for House Finance Subcommittee 03/16/16.

SB1461 / HB1822 Decreases Hall income tax rate from 6 percent to 5.5 percent. Sponsors Sen. Mark Green / Rep. Jay D. Reedy

Description Decreases Hall income tax rate from six percent to five and a half percent for tax years beginning on or after January 1, 2017.

Fiscal Note (Dated January 11, 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.


House Status 02/03/2016 - House Finance Subcommittee placed behind the budget.SB1462 / HB1439 Putnam County - removal of vegetation and debris from property.

Sponsors Sen. Paul Bailey / Rep. Ryan WilliamsDescription 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 03/10/2016 - Set for House Floor Consent Calendar 03/14/16.

SB1465 / HB1515 Property tax reimbursement for disabled veteran home owners. Sponsors 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 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee

03/14/16.House Status 03/09/2016 - House Local Government Subcommittee deferred to last calendar.

SB1481 / HB1507 AG's office to post information on web during condemnation proceeding. Sponsors 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.

SB1484 / HB1410 Repeals the "Save the Tax Relief Act." Sponsors 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 02/23/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/09/2016 - House Local Government Subcommittee deferred to last calendar.

SB1491 / HB2110 Annually raises Hall tax exemptions. Sponsors 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.

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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.


House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.SB1492 / HB2109 Raises Hall tax maximum allowable income exemptions.

Sponsors Sen. Doug Overbey / Rep. Art SwannDescription 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.


House Status 03/09/2016 - House Finance Subcommittee deferred to Hall Income Tax Calendar.SB1508 / HB1610 Sunset - board of respiratory care.

Sponsors Sen. Mike Bell / Rep. Jeremy FaisonDescription Extends the board of respiratory care six years to June 30, 2022.Fiscal Note (Dated January 14, 2016) NOT SIGNIFICANT

Senate Status 01/25/2016 - Senate passed.House Status 02/18/2016 - House passed.

Executive Status 03/10/2016 - Enacted as Public Chapter 0541 effective March 2, 2016.

SB1551 / HB1436 Increases the tax exemption for seniors. Sponsors 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.


House Status 01/13/2016 - Referred to House Finance Subcommittee.SB1552 / HB1437 Decreases Hall income tax rate from 6 percent to 5.5 percent.

Sponsors Sen. Jack Johnson / Rep. Charles M. SargentDescription 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.

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House Status 02/10/2016 - House Finance Subcommittee deferred to final calendar.SB1589 / HB1511 Transmitting or reading texts - moving violation.

Sponsors Sen. Ed Jackson / Rep. Ron LollarDescription 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.

Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.House Status 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.

SB1600 / HB2170 Civil liability for injury caused by dog - landowner as harborer. Sponsors 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 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.House Status 02/29/2016 - House passed.

SB1616 / HB1628 Montgomery County - penalties upon delinquent tax suits. 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 03/10/2016 - Sent to governor.SB1636 / HB1632 Allocation of newly constructed rental units as affordable housing.

Sponsors Sen. Ferrell Haile / Rep. Glen CasadaDescription 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.

Fiscal Note (Dated February 22, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/10/2016 - House deferred to 03/24/16.

SB1640 / HB1683 Annual accounting of nonprofits receiving funds from license plates. Sponsors Sen. Janice Bowling / Rep. David B. Hawk

Description Requires nonprofit organizations that receive funds from the sale of special license plates to submit an annual accounting to the comptroller and to be in good standing with the secretary of state's office. Requires commissioner to hold proceeds from the sale of a specialty earmarked license plate or new specialty earmarked license plate in reserve for nonprofit organizations who fail to comply with the annual accounting requirement. Deems the plate obsolete if the nonprofit organization does not comply with such requirements.

Fiscal Note (Dated February 23, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.House Status 03/07/2016 - House passed.

SB1642 / HB1685 Rollback tax liability for agricultural, forest, or open space land. Sponsors Sen. Steve Southerland / Rep. Curtis Halford

Description Exempts owners of property that is disqualified as agricultural, forest, or open space land from liability for rollback taxes if the disqualification is due to a change in law or correction of an assessor's error and certain other conditions are met. Specifies that the property owner shall be liable for rollback taxes under these circumstances if the erroneous classification resulted from any fraud, deception, or intentional misrepresentation by the property owner.

Fiscal Note (Dated February 9, 2016) Decrease Local Revenue – Exceeds $500/Per ParcelSenate Status 02/22/2016 - Senate passed.House Status 03/10/2016 - House deferred to next available calendar.

SB1646 / HB1689 Formula for calculating hearing costs in property tax appeals. Sponsors 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

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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 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 Equalization

Senate Status 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.House Status 03/02/2016 - House Finance Subcommittee placed behind the budget.

SB1648 / HB1643 Property tax relief - disabled veteran's residence. Sponsors 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 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee 03/14/16.

House Status 03/02/2016 - House Local Government Subcommittee deferred to last calendar.SB1655 / HB1566 Driving and talking on a cell phone.

Sponsors 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

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Subsequent YearsSenate Status 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.House Status 03/10/2016 - Set for House Criminal Justice Committee 03/16/16.

SB1675 / HB1428 Requires GPS monitoring for domestic violence offenders. Sponsors Sen. Sara Kyle / Rep. G.A. Hardaway

Description Requires, rather than permits, the use of global positioning monitoring as a condition of bail for any person charged with a domestic violence offense, stalking, or a violation of an order of protection issued pursuant to title 36, chapter 3, part 6.

Fiscal Note (Dated January 26, 2016) Increase Local Expenditures – Exceeds $4,715,300*Senate Status 01/21/2016 - Referred to Senate Judiciary Committee.House Status 02/16/2016 - Taken off notice in House Criminal Justice Subcommittee.

SB1678 / HB1695 Requirements for hotel tax. Sponsors Sen. Doug Overbey / Rep. Dale Carr

Description For future enactments of or modifications to a hotel tax, increases the period in which a person is considered a transient for hotel tax purposes from less than 30 days to less than 90 days. Requires that at least 80 percent of the occupancy tax collected by the municipality, town or county be used for promotion and development of tourism.


SB1692 / HB1527 Judgment of partition - appointment of commissioners. Sponsors Sen. Mike Bell / Rep. Jimmy Matlock

Description Clarifies the appointment of commissioners by the court. Provides that if the parties agree upon three freeholders, those three are to be appointed by the court. States that if no three are agreed upon, the court will randomly select and appoint three freeholders from names submitted by the parties.

Amendment House Civil Justice Subcommittee Amendment 1 (012829) replaces the reference in T.C.A. 29-27-114(a) from "respectable freeholders" to "resident landowners who are registered voters" and provides the selection process for appointing commissioners.

Fiscal Note (Dated February 1, 2016) NOT SIGNIFICANTSenate Status 03/01/2016 - Senate Judiciary Committee deferred to 03/22/16.House Status 03/10/2016 - Set for House Civil Justice Committee 03/15/16.

SB1701 Real estate appraisers - standard of valuation practice. Sponsors Sen. Jack Johnson

Description Permits state licensed or certified real estate appraisers to comply with a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice when performing an appraisal for any purpose other than a federal-related transaction. Prohibits the Real Estate Appraisers Commission from disciplining an appraiser for a violation of a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice.

Senate Status 01/21/2016 - Referred to Senate Commerce & Labor Committee.House Status None

SB1716 / HB1650 Gas tax revenues to not be used for non-vehicular purposes. Sponsors Sen. Todd Gardenhire / Rep. Mike Carter

Description Restricts the use of state gasoline tax revenues distributed to the highway fund, counties, and cities to the construction, improvement, and maintenance of highways and bridges. Prohibits the use of such revenue for pedestrian, bicycle, and other non-vehicular facilities.

Fiscal Note (Dated January 26, 2016) Other Fiscal Impact – According to the Department of Transportation, this bill would result in a violation of the Americans with Disabilities Act and the Rehabilitation Act and would jeopardize federal funding from the Federal Highway Administration. The Department anticipates receiving $874,863,555 in FY16-17 and $893,770,525 in FY17-18. Further, the bill could result in a decrease in federal funding available to municipalities. The extent and timing of any such decreases cannot be determined with reasonable certainty.

Senate Status 03/10/2016 - Set for Senate Finance, Ways & Means Committee Regular Calendar 03/15/16.House Status 03/10/2016 - Set for House Transportation Committee 03/15/16.

SB1717 / HB2138 Reimbursement of property taxes for disabled veterans. Sponsors Sen. Todd Gardenhire / Rep. Kevin Brooks

Description Requires general funds from the state to go to the reimbursement of disabled veterans for all or part of their local property taxes on their residence. Defines a disabled veteran as one who suffers from paraplegia or permanent paralysis, who acquired 100 percent disability as a result of serving as a prisoner of war, or who acquired service-connected disability. Provides

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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 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee 03/14/16.

House Status 03/10/2016 - Set for House Local Government Subcommittee 03/16/16.SB1736 / HB2033 Posting of land to prevent possession of firearms.

Sponsors Sen. Dolores R. Gresham / Rep. Jeremy FaisonDescription 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 Judiciary Committee Amendment 1 (013338) creates immunity from civil liability for a person, business, or other entity that owns, controls, or manages property, and has the authority to prohibit weapons on such property by posting signage, with respect to any claim based on the person's, business's or other entity's failure to adopt a policy prohibiting weapons on the property. Specifies that the immunity granted under this legislation does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.

Fiscal Note (Dated February 8, 2016) Increase State Expenditures - $88,600/One-Time Increase Local Expenditures - Exceeds $44,300/One-Time/Permissive Other Fiscal Impact – To the extent a civil cause of action is brought against the state or a local government entity, there may be additional increases in state or local expenditures to litigate any such action.

Senate Status 03/08/2016 - Senate Judiciary Committee recommended with amendment 1 (013338), which creates immunity from civil liability for a person, business, or other entity that owns, controls, or manages property, and has the authority to prohibit weapons on such property by posting signage, with respect to any claim based on the person's, business's or other entity's failure to adopt a policy prohibiting weapons on the property. Specifies that the immunity granted under this legislation does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct. Sent to Senate Calendar Committee.

House Status 03/10/2016 - Set for House Civil Justice Subcommittee 03/16/16.SB1743 / HB1769 TWRA - payments in lieu of taxes to local governments.

Sponsors Sen. Ken Yager / Rep. Billy SpiveyDescription 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.

Fiscal Note (Dated February 26, 2016) Increase State Expenditures - $500,000/Tennessee Wildlife Resources Agency Increase Local Revenue - $500,000

Senate Status 03/08/2016 - Set for Senate Energy, Agriculture & Natural Resources Committee- Final Calendar 03/14/16.

House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.SB1749 / HB1763 Time period for mayor to appoint attorney in delinquency case.

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Sponsors Sen. Jim Tracy / Rep. Barry DossDescription 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.


SB1782 / HB1861 Misrepresenting geographic business information in a directory. 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.

SB1783 / HB1792 Historic Rehabilitation Tax Credit Act. Sponsors Sen. John Stevens / Rep. Jon Lundberg

Description Creates a tax credit for an owner of a certified historic structure, or portion of such a structure, that incurs qualified rehabilitation expenditures for the rehabilitation of the structure. Provides that the credit will be against the owner's combined franchise and excise tax liability in an amount equal to 25 percent of the qualified rehabilitation expenditures. Specifies that to qualify for the tax credit, the following requirements must be met: (1) The certified historic structure is located within a redevelopment zone; (2) The rehabilitation meets standards consistent with the standards of the secretary of the United States department of the interior for rehabilitation; (3) The qualified rehabilitation expenditures associated with the certified historic structure exceed $5,000; and (4) The commissioner of revenue, with approval by the commissioner of economic and community development, determines that the tax credit is in the best interests of the state. Clarifies that the entire tax credit must be earned in the year in which the certified historic structure, or portion of the structure, attributable to the qualified rehabilitation expenditures is placed in service; provided, that the tax credit must be claimed in three equal installments beginning with the year in which the certified historic structure, or portion of the structure, attributable to the qualified rehabilitation expenditures is placed in service. The total tax credit claimed for any taxable year, including the amount of any carryforward tax credit claimed, may not exceed the owner's combined franchise and excise tax liability due. Any unused portion of any installment of the tax credit may be carried forward for the five years following the year in which the installment could be claimed. Prior to applying for the tax credit, the owner must submit to the Tennessee historical commission a request for designation of a property as a certified historic structure and certification of a proposed and completed rehabilitation. Details other requirements for applying for the credit. Authorizes the commission to adopt a fee, not to exceed $5,000, for the applications and certifications required by this bill or by any rules promulgated pursuant to this bill. The fee will be receipts of the commission to be used for performing the commission's duties under this bill.

Fiscal Note (Dated February 29, 2016) Decrease State Revenue – $370,800/FY17-18 $370,800/FY18-19 $370,800/FY19-20 Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be reflected as additional private capital investment leveraged by the proposed state tax credits, additional jobs created as a result of rehabilitation efforts that would be undertaken as a direct result of this bill, additional commercial activity at the restored historical property, and increased property values at and around the restored property. However, due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty. HB 1792 - SB 1783

Senate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 01/21/2016 - Referred to House State Government Subcommittee.

SB1796 / HB2156 Disabled veterans - calculation of property tax relief. Sponsors Sen. Randy McNally / Rep. John Ragan

Description Revises the property tax relief system available to disabled veteran homeowners. Under present law, disabled veteran taxpayers may apply for tax relief from the state in the form of payment or reimbursement for all or part of the local property taxes paid for a given year on that property the taxpayer used as the taxpayer's residence. Present law requires the state to

24




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.

Senate Status 01/21/2016 - Referred to Senate State & Local Government Committee.House Status 03/10/2016 - Set for House Local Government Subcommittee 03/16/16.

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

Description Reduces from 30 days to 15 days the notice Davidson County must provide prior to a public hearing on an amendment to a county zoning ordinance.

Fiscal Note (Dated February 4, 2016) NOT SIGNIFICANTSenate Status 02/17/2016 - Senate passed.House Status 02/22/2016 - House passed.

Executive Status 03/08/2016 - Signed by governor.SB1816 / HB1930 Publication of notice of intent to enforce tax lien.

Sponsors Sen. Brian K. Kelsey / Rep. Mark WhiteDescription 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.

SB1817 / HB2307 Noncontiguous annexation by resolution. Sponsors Sen. Ed Jackson / Rep. Jimmy A. Eldridge

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.


SB1830 / HB1892 Permits under the Water Quality Control Act. Sponsors Sen. Steve Southerland / Rep. Curtis Halford

Description Requires that general permits issued under the Water Quality Control Act be no more restrictive than federal requirements for management storm water post construction. Specifies that any general permit that requires the management of post construction storm

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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.

Fiscal Note (Dated February 5, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Set for Senate Energy, Agriculture & Natural Resources Committee- Final

Calendar 03/14/16.House Status 03/10/2016 - Set for House Government Operations Committee 03/15/16.

SB1833 / HB1863 Restrictions on fees in regards to copying deeds. Sponsors Sen. Doug Overbey / Rep. Andrew Farmer

Description Requires any person soliciting a fee for providing a copy of a deed to state on the document used for solicitation that the solicitation is not from a state or local government agency and that no action is legally required by the person being solicited. Also requires such person to state on the solicitation the fee for obtaining a copy of the deed from the register of deeds and the contact information for the office of the register of deeds. Prohibits a person soliciting a fee for providing a copy of a deed from charging a fee that is more than four times the fee charged by the register of deeds. Prescribes civil penalties for the unlawful solicitation of a fee to provide a copy of a deed.

Fiscal Note (Dated February 12, 2016) NOT SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.House Status 02/17/2016 - Taken off notice in House Consumer & Human Resources Subcommittee.

SB1849 / HB1670 Inspections of underground storage tanks. Sponsors Sen. John Stevens / Rep. Jeremy Durham

Description Prohibits the commissioner of the department of environment and conservation from conducting a number of periodic, on-site inspections of an operator's underground storage tank in excess of the minimum amount required by federal law. Broadly captioned.


House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.SB1870 / HB1725 Professional privilege tax - real estate brokers.

Sponsors Sen. Jack Johnson / Rep. Darren JerniganDescription Reduces the annual privilege tax amount from $400 to $200 for brokers.Fiscal Note (Dated February 3, 2016) Decrease State Revenue – Net Impact – $657,100/FY15-16 and

Subsequent Years Decrease State Expenditures – $200/FY15-16 and Subsequent Years Increase Local Revenue – $9,400/FY15-16 and Subsequent Years

Senate Status 02/02/2016 - Referred to Senate Finance Revenue Subcommittee.House Status 01/26/2016 - Referred to House Finance Subcommittee.

SB1876 / HB1911 Seizure of dogs found to be trespassing. Sponsors Sen. Jack Johnson / Rep. Barry Doss

Description Authorizes an animal control agency to seize certain dogs found trespassing on the premises of another if the dog is found attacking an animal belonging to the owner of the premises.

Fiscal Note (Dated February 4, 2016) Increase Local Revenue – Exceeds $100/Per Instance/Permissive Increase Local Expenditures – Exceeds $100/Per Instance/Permissive


House Status 03/10/2016 - House deferred to 03/24/16.SB1877 / HB1914 Failure to pay taxes due to error by land surveyor.

Sponsors Sen. Jack Johnson / Rep. Glen CasadaDescription 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 01/25/2016 - Referred to Senate Judiciary Committee.House Status 03/10/2016 - Set for House Civil Justice Subcommittee 03/16/16.

SB1883 / HB2336 Claims filed under jurisdiction of TN human rights commission. Sponsors Sen. Reginald Tate / Rep. Johnny W. Shaw

Description Removes the requirement that a litigant file a claim arising under the jurisdiction of the human rights commission within 90 days after the commission issues a finding that there was reasonable cause to believe discrimination was found.

Fiscal Note (Dated February 11, 2016) NOT SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status 02/17/2016 - Taken off notice in House State Government Subcommittee.

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SB1884 / HB2335 Complaints filed with the TN human rights commission. Sponsors Sen. Reginald Tate / Rep. Johnny W. Shaw

Description Eliminates requirement that a party remove a case to state court within 90 days after the complaint is filed if the Tennessee human rights commission determines there is reasonable cause to believe discrimination took place.

Fiscal Note (Dated February 10, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Senate State & Local Government Committee deferred to 03/15/16.House Status 03/10/2016 - House Calendar & Rules Committee deferred to 03/17/16.

SB1885 / HB1673 Defines short-term rental units. Sponsors Sen. John Stevens / Rep. Pat Marsh

Description Clarifies that certain requirements that apply to hotels and places of public accommodation do not apply to short-term rental units. Specifies that "short-term rental unit" (1) Means a residential dwelling of any type, including, but not limited to, a single-family residence, apartment, condominium, or cooperative unit, in which a person can obtain, for consideration, sleeping accommodations for less than 30 consecutive days; (2) Includes vacation lodging as defined by TCA 67-4-702 and property used to provide hospitality services as defined by TCA 68-120-101(i); and (3) Does not include a bed and breakfast establishment or bed and breakfast homestay, as defined by TCA 68-14-502(1), a hotel, or a time-share program.

Senate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 1 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB1886 / HB1634 Notification of professional privilege tax owed. Sponsors Sen. John Stevens / Rep. Glen Casada

Description Requires the department of revenue to notify taxpayers by mail or e-mail on or before May 1 of each regarding the amount of professional privilege tax owed, due date, and any electronic filing or payment requirement.

Fiscal Note (Dated January 25, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Senate Finance Revenue Subcommittee recommended. Sent to Senate

Finance, Ways & Means Committee.House Status 02/25/2016 - House passed.

SB1887 / HB1956 Uniform Residential Landlord &Tenant Act - Montgomery County exempt. Sponsors Sen. Frank Niceley / Rep. Curtis G. Johnson

Description Exempts Montgomery County from the application of the Uniform Residential Landlord and Tenant Act.

Fiscal Note (Dated March 7, 2016) NOT 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.

SB1897 / HB1846 Certain public housing authorities exempt from property tax liability. Sponsors Sen. Steven Dickerson / Rep. Darren Jernigan

Description Exempts public housing authorities from property tax liability when they enter into leases that permit the public housing authority to acquire the property for a nominal sum at or before the completion of the lease term.

Fiscal Note (Dated February 9, 2016) NOT SIGNIFICANTSenate Status 03/07/2016 - Senate passed.House Status 02/22/2016 - House passed.

Executive Status 03/07/2016 - Sent to the speakers for signatures.SB1904 / HB2555 Employment verification requirements for certain employers.

Sponsors Sen. Jack Johnson / Rep. Jeremy DurhamDescription Defines "private employer" for purposes of this act. Removes present exemption for private

employers with less than six employees from employment verification requirements. Broadly captioned.

Fiscal Note (Dated February 25, 2016) Increase State Revenue – Exceeds $4,000/Recurring/Lawful Employment Enforcement Fund Increase State Expenditures – $10,000/One-Time/General Fund $279,200/Recurring/General Fund

Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.House Status 03/09/2016 - Taken off notice in House State Government Subcommittee.

SB1908 / HB2384 Causes of action against an HOA. 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

27








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 03/10/2016 - Set for Senate Judiciary Committee Regular Calendar 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB1909 / HB2247 Governmental entities may publish notices on their websites. Sponsors Sen. Todd Gardenhire

Description Authorizes governmental entities to publish legal notices on their publicly available website instead of other publication methods. Clarifies that such notices shall have the same legal effect as a notice published in a newspaper, and other rules regarding time and manner of the publication shall apply as well. Requires governmental entities to make known where such legal notices will be published.

Fiscal Note (Dated February 19, 2016) Decrease State Expenditures – Exceeds $25,000/FY16-17 and Every Two Years Thereafter Exceeds $10,000/FY17-18 and Every Two Years Thereafter Decrease Local Expenditures – Exceeds $10,000/Recurring/Permissive

Senate Status 02/23/2016 - Failed in Senate State & Local Government Committee for lack of a motion.House Status 01/27/2016 - Referred to House State Government Subcommittee.

SB1915 / HB1966 Construction of gas compressor cannot be within 1 mile of a park. Sponsors Sen. Steven Dickerson / Rep. Bo Mitchell

Description Prohibits the issuance of a permit for the construction of a gas compressor on land that is located within a one mile radius of a public park.


Calendar 03/14/16.House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.

SB1916 / HB1798 Makes clarifications to Tennessee Condominium Act of 2008. Sponsors Sen. Steven Dickerson / Rep. John Ray Clemmons

Description Specifies that any provision of the Tennessee Condominium Act of 2008 that is in conflict with a provision of the Horizontal Property Act shall control.

Fiscal Note (Dated March 3, 2016) NOT SIGNIFICANTSenate Status 03/07/2016 - Withdrawn in Senate.House Status 03/08/2016 - Taken off notice in House Business & Utilities Subcommittee.

SB1939 / HB2182 Applying for a refund - delinquent taxes. Sponsors Sen. Ken Yager / Rep. Timothy Hill

Description Extends time eligible taxpayers may apply for a refund or present a credit voucher for credit on their taxes from within 35 days from the date taxes in the jurisdiction become delinquent for that year to within 40 days from that date.

Fiscal Note (Dated March 4, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/09/2016 - House Local Government Subcommittee deferred to last calendar.

SB1946 / HB1860 Disclosure of tax returns and tax information to local governments. Sponsors Sen. Ken Yager / Rep. Dale Carr

Description Allows duly authorized local governmental officials reviewing tax returns and information to ascertain whether taxes are being paid to also be able to access such information to determine whether allocations from state levied taxes are being distributed to the correct unit of local government.

Amendment House Local Government Subcommittee amendment 1, 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 (012430), which 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

28






information.House Status 03/10/2016 - Set for House Local Government Committee 03/15/16.

SB1949 / HB2343 Chancellor to set aside a county's bid on delinquent property. Sponsors Sen. Ken Yager / Rep. Kent Calfee

Description Authorizes a county, after obtaining property at a delinquent property tax sale, to evaluate the property to determine whether the value of the property or amount of money the county would receive if the county sold the property exceeds the financial or environmental risks of the property. Specifies if the county mayor evaluates the property during the required time period and determines that the financial and environmental risks of the property outweigh the value of the property, the county legislative body may adopt a resolution stating that the financial and environmental risks are such that it is not in the best interests of the county to acquire such property. Permits the county legislative body to file a petition for relief in chancery court.

Amendment Senate State & Local Government Committee amendment 1 (011861) deletes and rewrites the bill such that the only substantive change is to add language that prohibits counties from considering any dues and assessments established through covenants and restrictions as part of the financial risk in the evaluation of property offered for sale at a delinquent tax auction. .

Fiscal Note (Dated February 7, 2016) Local Expenditures – Cost Avoidance – Exceeds $5,000/Per Property/Permissive

Senate Status 03/07/2016 - Senate deferred to the next to last calendar.House Status 03/02/2016 - Taken off notice in House Local Government Subcommittee.

SB1950 / HB1883 Disposal of unclaimed garments by dry cleaner. Sponsors Sen. Ken Yager / Rep. Martin Daniel

Description Increases from 180 days to 240 days the minimum time required before a dry cleaner or launderer may dispose of unclaimed garments. Broadly captioned.

Fiscal Note (Dated February 19, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 1 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB1955 / HB2364 Enacts "Tennessee Scenic Vistas Protection Act." Sponsors Sen. Jeff Yarbro / Rep. Mike Stewart

Description Enacts the "Tennessee Scenic Vistas Protection Act". Under the Water Quality Control Act, a person must have a permit issued by the commissioner of environment and conservation to engage in certain activities, such as the construction or use of any new outlet for the discharge of any wastes into the waters of the state; the discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; and the construction, installation, or operation of a concentrated animal feeding operation. This bill generally prohibits the commissioner from issuing or renewing a permit, certification, or variance that would allow surface coal mining operations to alter or disturb any land within 1,200 feet of a ridge line. The prohibition imposed by this bill would not apply to renewal of a permit, certification, or variance that is issued prior to the date that this bill becomes a law, if: (1) The applicant for renewal is the person who was the holder of the permit, certificate, or variance on the effective date of this bill; (2) The renewal must not increase or change the surface area that is covered by the permit, certificate, or variance; (3) The renewal must not expand the ridge line mining activities allowed by the permit, certificate, or variance; and (4) The renewal is not otherwise prohibited by law. The privileges extended by the renewal of a permit, certificate, or variance issued pursuant to this bill are not transferable to another person. This bill would not prohibit the commissioner from issuing or renewing a permit, certification, or variance that would authorize the construction or maintenance of ridgeline crossings, if the applicant is otherwise eligible for such permit, certification, or variance under any other applicable state or federal law. Such crossings include utility, rail, or pipeline crossings or road crossings necessary to obtain access to underground or surface mining activities or to obtain access to reclamation activities that are permissible pursuant to federal and state law. This bill would not apply to surface coal mining activities that are only incidental to underground coal mining, if the commissioner determines that surface disturbance and effect is limited to that required to conduct legal underground coal mining. This bill does not apply to land that is eligible for federal funding under the Surface Mining Control and Reclamation Act. This bill requires the commissioner to notify appropriate committees of the general assembly of any change in the Surface Mining Control and Reclamation Act that would expand eligibility for federal funding to lands that are not currently eligible under the Act. This bill does not: (1) Prohibit any otherwise allowable surface coal mining that does not alter or disturb a ridgeline; or (2) Limit

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any privilege secured by any valid permit, certification, or variance issued by the state in effect upon the effective date of this bill.


House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.SB1976 / HB2111 Board for licensing contractors - forms required on website.

Sponsors Sen. Becky Duncan Massey / Rep. Art SwannDescription 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 SIGNIFICANT

Senate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 1 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB1991 / HB2131 Higher education employee lawfully storing firearm in car. Sponsors 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 Civil Justice Committee 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 03/07/2016 - Senate passed.House Status 03/10/2016 - Set for House Floor Regular Calendar 03/14/16.

SB2006 / HB2417 Increases number of members who may serve on boards of zoning appeals. Sponsors Sen. Bill Ketron / Rep. Susan Lynn

Description Increases number of members who may be elected to serve on boards of zoning appeals in certain counties and municipalities, as determined by local legislative bodies.

Fiscal Note (Dated February 4, 2016) Increase Local Expenditures – Exceeds $500/PermissiveSenate Status 02/17/2016 - Senate passed.House Status 03/10/2016 - Set for House Floor Consent Calendar 03/14/16.

SB2013 / HB1965 Planning models for composting, relocating of yard waste. Sponsors 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 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.

SB2028 / HB1773 Agency seizing property responsible for paying reasonable expenses. Sponsors 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

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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.

SB2043 / HB1429 Prohibits sex offenders from residing in on-campus student housing. Sponsors 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 Civil Justice Subcommittee 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.

Fiscal Note (Dated February 5, 2015) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Judiciary Committee Regular Calendar 03/15/16.House Status 03/10/2016 - Set for House Civil Justice Committee 03/15/16.

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

SB2105 / HB1921 Purchase of land in a tax lien sale. Sponsors 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.


SB2106 / HB1811 Creates offenses regarding drones and infrastructure facilities. Sponsors 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 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

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(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 CRIMINAL JUSTICE COMMITTEE 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 02/22/2016 - Senate passed with amendments 1, 2, 3 and 4.House Status 03/10/2016 - Set for House Floor Regular Calendar 03/17/16.

SB2108 / HB2060 Requirements for certified real estate appraisers. Sponsors 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.

SB2112 / HB2548 Continuing education training for board of zoning appeals members. Sponsors 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.


SB2132 / HB2162 Property tax relief for disabled veterans - annual income limits. Sponsors 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.

Fiscal Note (Dated March 8, 2016) Increase State Expenditures – $4,793,800Senate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 03/09/2016 - House Local Government Subcommittee deferred to last calendar.

SB2134 / HB2339 Requires scrap metal dealers pay a biennial fee of $500 Sponsors 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 Commerce & Labor Committee amendment 1, House Business & Utilities Subcommittee 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 03/10/2016 - Set for Senate Finance, Ways & Means Committee Consent Calendar

03/15/16.House Status 03/10/2016 - Set for House Finance Subcommittee 03/16/16.

SB2135 / HB1732 Fees for scrap metal dealers. Sponsors 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 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 2 03/15/16.House Status 01/26/2016 - Referred to House Business & Utilities Subcommittee.

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SB2164 / HB2491 TN financial literacy program - info on home mortgages. Sponsors Sen. Reginald Tate / Rep. Raumesh Akbari

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.

Fiscal Note (Dated February 29, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Education Committee Final Calendar 03/16/16.House Status 03/10/2016 - Set for House Education Instruction and Programs Subcommittee- Final

Calendar 03/16/16.SB2173 / HB2235 Time frame for abatement of blighted property.

Sponsors Sen. Reginald Tate / Rep. Barbara W. CooperDescription 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 SIGNIFICANT


SB2177 / HB2484 Tennessee Brownfield Redevelopment Tax Credit Act of 2016. Sponsors 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.

Fiscal Note (Dated February 7, 2016) Decrease State Revenue – Exceeds $3,195,000/FY17-18 and Subsequent Years

Senate Status 02/02/2016 - Referred to Senate Finance Revenue Subcommittee.House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.

SB2183 / HB1907 Traumatic brain injury residential homes - requirements. Sponsors 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 (012597), which 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."

House Status 03/10/2016 - Set for House Health Committee 03/16/16.SB2226 / HB1918 Continuing education requirements for auctioneers.

Sponsors Sen. Steve Southerland / Rep. Marc GravittDescription 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, Senate Commerce & Labor Committee 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 03/08/2016 - Senate Commerce & Labor Committee recommended with amendment 1

(011755), which 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. Sent to Senate Calendar Committee.

House Status 02/29/2016 - House passed with amendment 1.SB2227 / HB1810 State-owned surplus property to be disposed of at auction.

Sponsors Sen. Steve Southerland / Rep. Marc Gravitt

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Description Requires all state-owned surplus property, either real or personal, be disposed of at a public auction conducted by an auctioneer licensed by the Tennessee auctioneer commission who is selected through a competitive bid process.

Fiscal Note (Dated February 1, 2016) Increase State Expenditures – Exceeds $9,000Senate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB2268 / HB2388 Arbitration in causes of action arising out of consumer contracts. Sponsors Sen. Mae Beavers / Rep. Mike Carter

Description Prohibits arbitration in causes of action arising out of a consumer contract that was entered into or renewed on or after July 1, 2016. Defines "consumer contract" to mean a writing prepared by a seller and signed by a consumer that provides for the sale or lease of goods or services that are purchased primarily for personal, family or household purposes or the extension of credit for which the proceeds are used primarily for personal, family, or household purposes.

Fiscal Note (Dated February 17, 2016) NOT SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status 03/02/2016 - Taken off notice in House Civil Justice Subcommittee.

SB2273 / HB2146 Possession of firearm regardless of permit. Sponsors Sen. Mae Beavers / Rep. Rick Womick

Description Allows carrying a firearm or weapon, openly or concealed, regardless of whether the person has a handgun permit, unless a person is otherwise prohibited by law to possess a firearm or weapon. Creates the requirement for gun dealers to provide firearm transferees general information addressing state law regarding firearms ownership and firearms training. Revises the offense regarding carrying a weapon in any public or private school building or bus; on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, college, or university board of trustees, regents, or directors for the administration of any public or private educational institution, to make the prohibition applicable only to public K-12 schools and only to those public K-12 structures used for education purposes. Requires posting regarding the prohibition. Authorizes private schools to prohibit weapons by posting such prohibition. Revises the present law defenses regarding carrying a weapon on school property. Deletes the present law provisions whereby it is an offense to possess or carry, whether openly or concealed, with the intent to go armed, any prohibited weapon in or on the grounds of any public park, playground, civic center, or other building facility, area or property owned, used, or operated by any municipal, county, or state government, or instrumentality thereof, for recreational purposes. Rewrites the present law provisions governing the transport and storage of a firearm or firearm ammunition in a permit holder's motor vehicle while on or utilizing any public or private parking area under certain circumstances to instead provide, with limited exceptions, that a person who legally possess a firearm, firearm ammunition, or firearm accessory may transport and store the items in a motor vehicle while on or utilizing any public or private street, access road, driveway, or parking area. Specifies that the items may be removed or handled in the case of self-defense or defense of others. Prohibits adverse action being taken against a person exercising their rights under these provisions regarding transportation and storage. Retains portions of the present law provisions regarding handgun carry permits, but makes provisions permissive. Requires the gun dealer to deliver, additionally to existing conditions, at or before the time that the dealer transfers a firearm to certain transferees, written information generally addressing at a minimum the existence of available information regarding firearms ownership, information concerning state laws generally addressing the ownership of firearms, and the existence of available firearms training. (16 pp.)

Senate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status 01/27/2016 - Referred to House Civil Justice Subcommittee.

SB2277 / HB2089 Creates a domestic violence offender registry. Sponsors Sen. Sara Kyle / Rep. G.A. Hardaway

Description Creates a domestic violence offender registry to be maintained by the TBI and based upon information supplied to the bureau by the court clerks. Requires the registry to be made available for public inquiry on the internet.

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 03/10/2016 - Set for Senate Government Operations Committee 03/16/16.House Status 02/16/2016 - Taken off notice in House Criminal Justice Subcommittee.

SB2300 / HB1932 Expands the applicability of the Neighborhood Preservation Act.

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Sponsors Sen. Sara Kyle / Rep. Mark WhiteDescription Expands the applicability of the Neighborhood Preservation Act to certain occupied buildings

and residential properties by authorizing a person to bring a civil action against the owner of an occupied building or property that is not properly maintained or that fails to comply with certain ordinances or regulations.

Fiscal Note (Dated February 9, 2016) NOT SIGNIFICANTSenate Status 03/02/2016 - Senate deferred to 03/16/16.House Status 02/25/2016 - House passed.

SB2307 / HB2455 Violations of Consumer Protection Act - requesting of social. Sponsors Sen. Sara Kyle / Rep. Joe Towns Jr.

Description Makes requesting a person to provide the person's social security number an unfair or deceptive act under the Consumer Protection Act of 1977, unless the request is required by federal or state law or any rule promulgated pursuant to such federal or state law.

Senate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 2 03/15/16.House Status 01/27/2016 - Referred to House Consumer & Human Resources Subcommittee.

SB2311 / HB2365 Sale of firearm requires transaction using licensed dealer. Sponsors Sen. Sara Kyle / Rep. Mike Stewart

Description Requires all buyers and sellers of firearms to submit to background checks. Prohibits persons from transferring firearms unless the buyer or seller is a licensed gun dealer, or the firearm is delivered to a licensed dealer to effect the transfer. Provides that the licensing requirement does not apply to transfers between immediate family members or domestic partners, antique firearms, transfers for prevention of imminent death or serious bodily harm, law enforcement agencies acting within the scope of their employment, federally licensed gunsmiths, storage at a gun range, organized competition, transfers made upon death.

Senate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status 03/10/2016 - Set for House Civil Justice Subcommittee 03/16/16.

SB2314 / HB2515 Termination of lease by victim of sexual assault. Sponsors Sen. Sara Kyle / Rep. Jim Coley

Description Allows a tenant who is the victim of sexual assault, domestic abuse, or stalking to terminate the tenant's lease under certain circumstances and gives the landlord a right of action against the perpetrator for damages due to broken lease.

Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB2317 / HB2274 Radon concentrations in dwelling - disclosure. Sponsors Sen. Sara Kyle / Rep. Johnnie Turner

Description Requires, with certain exceptions, a seller of residential real property to disclose in writing to the buyer of the property information relating to radon concentrations in the dwelling. A seller may satisfy the disclosure requirements by providing a written disclosure to a licensed real estate broker or affiliate broker representing or assisting a prospective buyer.

Fiscal Note (Dated February 12, 2016) NOT SIGNIFICANTSenate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.House Status 02/23/2016 - Failed in House Business & Utilities Subcommittee.

SB2325 / HB2435 Termination of rental agreement by victim of sexual assault. Sponsors Sen. Sara Kyle / Rep. Barbara W. Cooper

Description Allows a tenant to terminate a lease or rental agreement provided that the tenant provides notice and documentation that the tenant or a household member is a victim of domestic abuse, sexual assault, or stalking. Specifies (1) that documentation can be a valid order of protection found by a court or a written report from a domestic abuse or domestic violence shelter, rape crisis center, family safety center, or child abuse agency, signed by the director or another authorized official. Specifies (2) that the notice must be a mutually agreed upon release date within the next 30 days from the date of the written notice. Specifies that a perpetrator of certain offenses remains liable for rent and damages under a lease or rental agreement even if the perpetrator is ordered to vacate the premises by a protection order.

Senate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 2 03/15/16.House Status 01/27/2016 - Referred to House Business & Utilities Subcommittee.

SB2340 / HB2314 Criminal violations for a metals recycling facility - notice. Sponsors Sen. Brian K. Kelsey / Rep. Antonio Parkinson

Description Increases the size requirements of the posted notice regarding criminal violations for a metals recycling facility. Broadly captioned.

Senate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status 01/27/2016 - Referred to House Criminal Justice Subcommittee.

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SB2348 / HB1959 Disclosure of property being located on private road. Sponsors Sen. Steven Dickerson / Rep. Bo Mitchell

Description Requires a seller to disclose if residential property is located on a private road. Defines "private road" to mean a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by any other members of the public.


SB2352 / HB2084 Enacts "Property Assessed Clean Energy Act." Sponsors Sen. Steven Dickerson / Rep. Bill Dunn

Description his bill authorizes local governments to establish a property assessed clean energy (PACE) program to provide financing for a qualified project to an owner of commercial, industrial, or residential real property. A "qualified project" is the installation or modification of a permanent improvement fixed to real property and intended to decrease or offset water or energy consumption or demand and includes the installation or modification of a product, device, or interacting group of products or devices that use energy technology to generate electricity, provide thermal energy, regulate temperature, or increase energy efficiency. Under this bill, a local government may designate a region within its jurisdiction in which the government may enter into a written agreement with a property owner of record in order to provide financing to the owner for a qualified project. Financing provided pursuant to this bill may be used for certain expenses specified by this bill, including materials, labor, and permit fees. The owner's property will be assessed pursuant to the PACE agreement in order to repay the financing provided for the qualified project. A local government may administer and finance a program or may delegate the administration or financing or both to a qualified third party. A local government may issue bonds or notes in order to finance a qualified project through contractual assessment. Such bonds or notes may not be general obligations of the local government and must be secured by payments of contractual assessments on benefited property. After a qualified project is completed, the local government must obtain verification that the project was properly completed and is operating as intended. A verification of energy efficiency by TVA or a local power company will satisfy the verification requirement. This bill prohibits a local government from imposing a PACE assessment to provide financing for the following: (1) Facilities for undeveloped lots or lots undergoing development at the time of the assessment; or (2) The purchase or installation of products or devices not permanently fixed to real property. Notice of each contractual assessment entered into pursuant to this bill must be filed with the register of deeds of the county in which the property is located. A contractual assessment and any interest or penalties on the assessment is a first and prior lien against the property on which the assessment is imposed and has the same priority status as for any other ad valorem tax, with certain exceptions. Such lien will run with the land and may not be eliminated by foreclosure of a property tax lien. The local government must provide notice to each lien holder of record of the owner's intention to participate in the PACE program. This bill details the procedure by which a local government may establish or amend its PACE program, including a period of public hearing and comment. Authorizes a local government to hire a program administrator and program staff, or delegate or contract for professional or administrative services necessary to administer a PACE program. A local government may impose fees to offset the costs of administering the program; however, this bill only authorizes fees to be imposed on property owners participating in the PACE program.

Fiscal Note (Dated February 29, 2016) Increase Local Revenue – Exceeds $5,000/Permissive/Each PACE Project Increase Local Expenditures – Exceeds $5,000/Permissive/Each PACE Project

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/09/2016 - House Agriculture & Natural Resources Subcommittee deferred to summer

study.SB2354 / HB2295 Prohibits the issuance of a permit to conduct surface mining

Sponsors Sen. Steven Dickerson / Rep. Bill BeckDescription 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.


House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.SB2356 / HB2293 Prohibits certain operations relating to rock quarries

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Sponsors Sen. Steven Dickerson / Rep. Bill BeckDescription 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.


House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.SB2357 / HB2292 Enacts "Dam Safety Act."

Sponsors Sen. Steven Dickerson / Rep. Bill BeckDescription 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.

SB2367 / HB2382 Annexation - property used for agricultural purposes. Sponsors Sen. Bo Watson / Rep. Mike Carter

Description Defines "property being used primarily for agricultural purposes" for purposes of annexation.

Senate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 01/27/2016 - Referred to House Local Government Subcommittee.

SB2369 / HB2387 Action for regulatory taking by land owner. Sponsors Sen. Bo Watson / Rep. Mike Carter

Description Allows owner of land subject to a regulatory taking to file a petition for a jury of inquest or sue for damages. Requires that reasonable costs, 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.

SB2370 / HB2119 Recovery of charges for providing water, wastewater or sewer services. Sponsors Sen. Bo Watson / Rep. Gerald McCormick

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 Business & Utilities Committee amendment 1 (013550) provides that a water or waste water treatment authority is not permitted to recover charges or penalties for water or waste water services from any person who is not a party to the contract or arrangement for such services. Additionally, an authority may establish a deposit based on past usage and payment history of the person who is party to the contract or arrangement for the purposes of collecting charges or penalties.


Calendar 03/14/16.House Status 03/09/2016 - House Business & Utilities Committee recommended with amendment 1

(013550), which provides that a water or waste water treatment authority is not permitted to recover charges or penalties for water or waste water services from any person who is not a party to the contract or arrangement for such services. Additionally, an authority may establish a deposit based on past usage and payment history of the person who is party to the contract or arrangement for the purposes of collecting charges or penalties. Sent to House Calendar & Rules.

SB2375 / HB2040 Zoning consideration of temporary family healthcare structures. Sponsors Sen. Mike Bell / Rep. Andrew Farmer

Description Requires that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are: (1) For use by a caregiver in providing care for a mentally or physically impaired person; and (2) On property owned or occupied by the caregiver as their residence. Provides that temporary family healthcare structures will not require a special use permit or be subjected to any other local requirements beyond those

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imposed upon other authorized accessory structures, except as otherwise provided in this bill. Requires any person proposing to install a temporary family healthcare structure to first obtain a permit from the local governing body, for which the local government may charge a fee of up to $100. The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this bill. The local government may require that the applicant provide evidence of compliance with this bill on an annual basis as long as the temporary family healthcare structure remains on the property. A temporary family healthcare structure installed pursuant to this bill may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the department of health. No signage advertising or otherwise promoting the existence of the structure will be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property. Any temporary family healthcare structure installed pursuant to this bill must be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this bill. The local governing body, or planning commission on its behalf, may revoke the permit granted if the permit holder violates this bill. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this bill. This bill vests the planning commission with all necessary authority on behalf of the governing body of the locality to ensure compliance with this bill.

Fiscal Note (Dated February 29, 2016) Increase Local Revenue – Exceeds $1,500/PermissiveSenate Status 01/25/2016 - Referred to Senate State & Local Government Committee.House Status 03/10/2016 - Set for House Health Subcommittee - Final Calendar 03/15/16.

SB2386 / HB2000 Hall income tax credit for donation to school. Sponsors Sen. Mike Bell / Rep. Jimmy Matlock

Description For tax years beginning on or after January 1, 2017, establishes a Hall income tax credit equal to 100 percent of the value of a donation made by a taxpayer to any public, private, or home school, LEA, school support organization, or charitable school foundation; limits credit to $50,000 per taxpayer in any tax year.

Fiscal Note (Dated February 15, 2016) Decrease State Revenue – $17,930,300/FY17-18 and Subsequent Years Increase Local Revenue – Net Impact – $4,131,400/FY17-18 and Subsequent Years

Senate Status 02/23/2016 - Failed in Senate Finance Revenue Subcommittee after adopting amendment 1 (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.SB2389 / HB2068 Clarifies agency power under UAPA.

Sponsors Sen. Mike Bell / Rep. Martin DanielDescription Specifies that administrative agencies shall have no inherent, general, or common law

powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions. Clarifies that agency powers under the UAPA are to be narrowly construed. Increases burden of agencies by requiring them to prove, by clear and convincing evidence, that administrative rules conform to certain specific criteria.

Amendment House Government Operations Committee 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".

Fiscal Note (Dated February 8, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Government Operations Committee 03/16/16.House Status 03/10/2016 - Set for House State Government Committee 03/15/16.

SB2397 / HB2401 Foreclosure on lien against condo unit owner. Sponsors Sen. Doug Overbey / Rep. Ron Travis

Description Revises the notice provisions pertaining to a condominium association to say that notice of foreclosure must be given to the unit owner, lienholders, other interested parties, or the nominee of record of any of the three. Provides that notice is sufficient if sent to the unit owner at the unit or the last address on file, or if to a lienholder or other interested party, to the address in the record or on file. Provides that the association is entitled to proceeds from the sale up to the extent of the common expense assessment, but not exceeding one percent of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust. Requires that the deed be properly recorded for perfection to occur.

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Fiscal Note (Dated March 7, 2016) NOT SIGNIFICANTSenate Status 03/10/2016 - Set for Senate Judiciary Committee Regular Calendar 03/15/16.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

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

SB2417 / HB1850 Green infrastructure practices to be used in certain sewer systems. Sponsors Sen. Jeff Yarbro / Rep. Darren Jernigan

Description Authorizes the use of green infrastructure practices within areas containing collecting systems designed to convey sanitary sewage and storm water, and clarifies that such practices may be implemented on both public and private property at the discretion of the incorporated city or town.

Fiscal Note (Dated February 26, 2016) Increase Local Revenue – Exceeds $5,000/Permissive Decrease Local Expenditures – Net Impact - Exceeds $5,000/Permissive

Senate Status 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.House Status 03/10/2016 - Set for House Finance Subcommittee 03/16/16.

SB2428 / HB2242 Annexation by resolution. Sponsors Sen. Rusty Crowe / Rep. James (Micah) Van Huss

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.


SB2467 / HB2549 Consumer protection- failing to include mandatory costs and fees. Sponsors Sen. Brian K. Kelsey / Rep. Kelly Keisling

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 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 1 03/15/16.House Status 01/27/2016 - Referred to House Consumer & Human Resources Subcommittee.

SB2469 / HB2201 Right to Earn a Living Act. Sponsors Sen. John Stevens / Rep. Martin Daniel

Description Enacts the "Right to Earn a Living Act." Requires all entry regulations by an agency with respect to businesses, professions, and occupations to be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Defines "entry regulations" as any law, ordinance, regulation, rule, policy, fee, condition, test, permit, administrative practice, or other provision relating to a market, or the opportunity to engage in any business, profession, or occupation. Requires all public service restrictions to be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Defines "public service restrictions" to mean any law, ordinance, regulation, rule, policy, fee, condition, test, permit, or other administrative practice, with or without the support of public subsidy, or user fees. Requires an agency to conduct a comprehensive review of all entry regulations within the jurisdiction of the agency by July 1, 2017. Requires an agency to repeal or modify any entry regulation that does not specified a public health, safety, or welfare objective. Allows any person to petition any agency to repeal or modify any entry regulation into a business, profession, or occupation within its jurisdiction and specifies requirements for such petition.

Fiscal Note (Dated February 16, 2016) Increase State Expenditures – Exceeds $100,000 Increase Local Expenditures – Exceeds $100,000*

Senate Status 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/10/2016 - Set for House State Government Committee 03/15/16.

SB2471 / HB2473 Hearings regarding violations by scrap metal dealer. Sponsors Sen. Janice Bowling / Rep. Judd Matheny

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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.

Senate Status 01/25/2016 - Referred to Senate Commerce & Labor Committee.House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.

SB2476 / HB2282 Hunting on land without owner's consent. Sponsors Sen. Thelma Harper / Rep. Sherry Jones

Description Extends to private lands the present law prohibition against hunting on public lands within 100 yards of a dwelling without the owner's consent.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/10/2016 - Set for House Agriculture & Natural Resources Subcommittee 03/15/16.

SB2477 / HB2281 Allows for counties to appeal municipal planning commission decisions Sponsors Sen. Thelma Harper / Rep. Sherry Jones

Description Extends to all counties, not just Hamilton and Knox, the authorization to appeal municipal planning commission decisions to the chief legislative body of the municipality having jurisdiction over zoning matters.


SB2511 / HB2186 Economics textbooks to contain info on student loans and mortgages. Sponsors Sen. Dolores R. Gresham / Rep. Timothy Hill

Description Encourages LEAs to select textbooks for economics that contain information about student loans and home mortgages, in addition to other information on personal finances.

Senate Status 03/10/2016 - Set for Senate Education Committee Final Calendar 03/16/16.House Status 01/27/2016 - Referred to House Education Instruction and Programs Subcommittee.

SB2534 / HB2569 Revises requirements for certain professionals. 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

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provision will be at the sole discretion of the board's determination that the applicant has qualifications suitable to be issued a certificate of registration in this state. (5) Under present law, it is unlawful to operate a barber shop or barber styling shop unless it is, at all times, under the direct supervision and management of a master barber. Also, present law requires each cosmetology shop to have a managing cosmetologist who is at least 18 years of age; each manicure shop to have a managing manicurist who is at least 18 years of age; and each skin care shop to have a managing aesthetician who is at least 18 years of age. This bill rewrites these provisions and instead requires that each shop licensed by the board of cosmetology and barber examiners designate a manager. The shop must submit the name and license information of its manager upon application and renewal. Under this bill, it will be unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager will be responsible for the shop's compliance with state law and rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. Specifies that the manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager may only practice within the field that the person is licensed. Defines "designated manager" as a barber or cosmetologist licensed in at least one discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager. Present law defines "manager" as a managing cosmetologist, managing manicurist or managing aesthetician. This bill redefines "manager" as a barber or cosmetologist licensed in at least one discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. (6) This bill clarifies that even if a cosmetology shop passes the required inspection for initial issuance of a license or relocation, the application may still be denied if other requirements of law or rule are not met. (7) Generally under present law, an applicant for licensure as a funeral director must submit proof of completion of two years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. This bill adds that an associate's degree from a college accredited by the American board of funeral service education may be substituted for one year of apprenticeship. (8) Under present law, upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license. Present law provides that temporary retirement will not be permitted unless all educational requirements of present law have been completed; this bill removes this provision. (9) Under present law, upon written request accompanied by the broker's or affiliate broker's license, the proper form and the change of status fee, any real estate broker or affiliate broker who is ineligible for temporary retirement may be placed in inactive status. This bill removes this provision for inactive status, and provides that any license in active status on this bill's effective date (July 1, 2016) will be transferred to retirement status. Under present law, a licensee wishing to reactivate a license from an inactive or retirement status must submit the proper form and pay the fee for a change of status. This bill removes the reference to inactive status from this provision, and this bill prohibits the reactivation of a temporarily retired license until the licensee provides proof of completion of 16 classroom hours in real estate courses during the current license renewal period. Under present law, any law or rule or regulation that has the effect of prohibiting reinstatement or reactivation of a license upon the payment of the applicable fees and penalties does not apply to any person who has retired the person's license or who has been placed in inactive status if the following conditions are applicable: (1) The person's license was revoked, suspended, or downgraded while the license was retired or in inactive status merely because the educational requirements were not completed within the required time; (2) The educational requirements were completed within two years from the date the license was retired or placed in inactive status and all additional educational requirements, if any, have been met; and (3) The reinstatement fees and penalties are paid. Under present law, if all of the above conditions are met, the license of the person is reactivated. This bill deletes these provisions for reactivation (10 pp.).

Amendment House Business & Utilities Committee Amendment 1 (012809) 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.

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

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Subsequent Years/ Board of Architectural and Engineering Examiners Exceeds $1,200/FY18-19 and Subsequent Years/General Fund HB 2569 - SB 2534

Senate Status 03/10/2016 - Set for Senate Commerce & Labor Committee- Final Calendar Part 1 03/15/16.House Status 03/10/2016 - Set for House Government Operations Committee 03/15/16.

SB2535 / HB1533 Field inspections by state fire marshal. Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Allows the state fire marshal to require and perform field inspections in lieu of requiring a review and approval of plans and to create a schedule of fees sufficient to cover the costs of the inspections. Allows the fire marshal to assess a fee in situations where an inspection was untimely requested and unable to be performed. Prohibits the fee from exceeding $200. Part of Administration Package.

Fiscal Note (Dated February 9, 2016) Increase State Revenue - $4,800/State Fire Marshal’s Office The Governor’s proposed budget for FY16-17, on page A-40, recognizes non- recurring revenue of $4,800 and recurring revenue of $4,800; both to the State Fire Marshal’s Office.

Senate Status 03/08/2016 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/08/2016 - Taken off notice in House Business & Utilities Subcommittee.

SB2538 / HB2570 Rural Economic Opportunity Act of 2016. Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Enacts the "Rural Economic Opportunity Act of 2016." Authorizes a job tax credit for qualified business enterprises located in tier 4 enhancement counties. Creates a tier 4 enhancement county based on unemployment, per capita income, and poverty levels that does the following: (1) reduces the number of qualified jobs that must be created in order to receive a job tax credit from 25 to 20 for an enterprise located in a tier 3 enhancement county and from 25 to 10 for an enterprise located in a tier 4 enhancement county; (2) Extends the additional credit to an enterprise located in a tier 4 enhancement county, for a period of five years beginning with the first tax year in which the qualified business enterprise applies the credit; provided, that the enterprise meets the requirements for a job tax credit under present law; (3) Extends the additional tax credit to an enterprise located in an area designated as an adventure tourism district that is located in a tier 4 enhancement county, for a period of five years beginning with the first tax year in which the enterprise applies the credit. In order to receive the additional annual credit the enterprise must create at least 10 qualified jobs; and (4) Grants an enterprise located in a tier 4 enhancement county five years to create the minimum number of qualified jobs necessary to receive the job tax credit. Establishes the propelling rural economic progress (P.R.E.P.) fund. Establishes the PREP fund as a separate account in the general fund. Provides that fund will be composed of funds appropriated by the general assembly and gifts, grants, and other donations received by the department of economic and community development. Stipulates that monies in the fund will be awarded as grants to counties where the grants will have a direct impact on employment and investment opportunities in the future, as determined by the commissioner of economic and community development. Provides that commitments made by the commissioner of finance and administration for grants from the PREP fund must not exceed the appropriations made for the purposes of the program. Requires actual expenditures and obligations at end of fiscal year not exceed any available reserves and appropriations of the programs. Permits grants from the PREP fund to be: (1) made only to local governments or their economic development organizations, other political subdivisions of the state, any subdivision of state government, or to not-for-profit organizations; and (2) used to facilitate economic development activities in rural areas or in a manner that directly impacts rural areas. Part of Administration Package.

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

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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 03/08/2016 - Senate Finance, Ways & Means Committee deferred to 03/15/16.House Status 03/10/2016 - Set for House Floor Regular Calendar 03/17/16.

SB2591 / HB1941 Nuisance actions on changed farming operations. Sponsors 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 03/08/2016 - Senate Judiciary Committee recommended. Sent to Senate Calendar

Committee.House Status 03/10/2016 - House passed.

SB2592 / HB2116 Prohibits landlord from evicting victims of domestic abuse. Sponsors 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 agreement and require remaining occupants to execute a new agreement for the remainder of the lease term.

Amendment Senate Commerce & Labor Committee 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.

Fiscal Note (Dated February 28, 2016) NOT SIGNIFICANTSenate Status 03/08/2016 - Senate Commerce & Labor Committee recommended with amendment 1

(013105), which 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. Sent to Senate Calendar Committee.

House Status 03/10/2016 - Set for House Business & Utilities Subcommittee- Final Calendar 03/15/16.SB2594 / HB2496 Felony convictions in regard to licensure.

Sponsors Sen. Mark S. Norris / Rep. Raumesh AkbariDescription 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 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.House Status 03/09/2016 - House Business & Utilities Committee recommended. Sent to House Calendar

& Rules.SB2599 Limits appraised value of low-income housing tax credit property.

Sponsors Sen. Mark S. NorrisDescription 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 None

SB2600 / HB2036 Classifying property as low-income housing property. Sponsors 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

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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.

SB2604 / HB1826 County mayor to sell land held because of delinquent taxes. Sponsors 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 03/10/2016 - Set for Senate State & Local Government Committee 03/15/16.House Status 03/07/2016 - House passed.

SB2619 / HB2118 Hall income tax- allows locals to levy tax and ends state tax. Sponsors 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 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.


House Status 03/10/2016 - Set for House Finance Subcommittee 03/16/16.SJR462 Constitutional amendment -prohibits state property tax.

Sponsors Sen. Todd GardenhireDescription 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.

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http://tls.mleesmith.com/downloads/2015_2016/resolutions/SJR0462.pdf



Senate Status 01/25/2016 - Referred to Senate Judiciary Committee.House Status None

HB842 Higher education institutions - student housing without sprinklers. Sponsors 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.

HB2535 Cities with population over 40,000 to provide water and sewer systems. Sponsors 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 NoneHouse Status 01/27/2016 - Referred to House Business & Utilities Subcommittee.

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tnrealtors.com · web viewreduces hall income tax by one percent in every year that state revenue...

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