passed legislative bills for the legis 109th fy 2015-1st

1st Session of the 109th Tennessee General Assembly – FY 2015

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LEGISLATION OF IMPORTANCE TO THE CITIES AND COUNTIES OF GNRC

BEFORE THE

109th Tennessee General Assembly

Legislation Passed by Both Houses in the 1st Session

Updated: 4/30/2015

Changes since last report PUBLIC CHAPTERS

Deferred Withdrawn

Failed “A” or “Key” List Bills

Caption Bills

ALCOHOLIC BEVERAGES

HB 0145 (Marsh) SB 0185 (Tracy) H= Comp. became Public Chapter 29

S= Public Chapter 29

Beer - After July 1, 2015, imposes a one-year United States citizenship or residency requirement on

beer permit applicants. - Amends TCA Title 57, Chapter 5.

HB 0639 (Sanderson) SB 0897 (Jackson) H= Public Chapter 176

S= Comp. became Public. Chapter 176

Makes applicable statewide, instead of in certain areas only, the authority for a beer manufacturer to

operate as a retailer at the manufacturer's location or a site contiguous thereto. - Amends TCA Section

57-5-101. Effective 4/17/2015

HB 0859 (Beck) SB 0376 (Ketron) H=Comp. became Public Chapter 69


Beer - Allows a person to make beer without a license or permit under certain circumstances; allows

homemade beer in certain exhibitions, contests, and competitions. - Amends TCA Title 39, Chapter

17, Part 7 and Title 57, Chapter 5. Effective 4/13/15.

HB 1125 (Eldridge) SB 1029 (Ketron) H= Passed H., Ayes 79, Nays 11, PNV 4. Signed

by Governor. S= Passed Senate, Ayes 27, Nays 2

Alcoholic Beverages - Clarifies that "municipality" includes any city of more than 925 persons

instead of 1,000 persons; removes provision from certificate of compliance requiring mayor to state

opinion that applicant will not violate any alcoholic beverage related laws; requires a person to have a

nonresident seller's permit if selling or distributing any alcoholic beverages to a licensed

manufacturer. - Amends TCA Title 57.


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ANNEXATION

HB 0608 (Carter) SB 0755 (Watson) H= Passed House as amended, Ayes 96 , Nays 0;

H. concurred in S. amendment, Ayes 82, Nays 3

S= Passed Senate as amended, Ayes 30, Nays 0

Annexation - As introduced, Assists the implementation of the provisions of Chapter 707 of the

Public Acts of 2014 to abolish annexation by ordinance. House amendment clarifies present law

by specifying that a resolution proposing annexation by written consent of the property

owners, meaning that the area being annexed is primarily used for agricultural purposes, will

become effective only upon adoption of such resolution by the municipality. This amendment

retains the present law provisions regarding annexation of a smaller municipality by a larger

municipality, which this bill would have deleted, and removes other references to annexation

by ordinance

Senate amendment authorizes a municipality, by resolution, to propose annexation of territory

that does not adjoin the boundary of the main part of the municipality if the territory

proposed for annexation is entirely contained within the municipality's urban growth

boundary and is either:

(1) To be used for industrial or commercial purposes; or

(2) Owned by one or more governmental agencies.

Such a resolution may only be ratified with the written consent of the property owner or

owners. Under this amendment, the resolution must include a plan of services, prepared in

cooperation with the county, to be delivered to the territory and the projected timing of the

services. The municipality and county must enter into an interlocal agreement to provide

emergency services for any interceding properties and to maintain roads and bridges

comprising the primary route to the area to be annexed.

The authorization to annex that is provided by this Senate amendment will only apply in any

county 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. - Amends TCA

Title 6, Chapter 51 and Title 6, Chapter 58.

AGING & DISABILITY

HB 0101 (McCormick) SB 0112 (Norris) H= Comp. became Public Chapter 153


Health Care – Senate amendment rewrites this bill to authorize the board for licensing

healthcare facilities and the departments of mental health and substance abuse services,

human services, and intellectual and developmental disabilities to amend licensure rules to be

consistent with the federal home-based and community-based settings final rule. This

amendment prohibits the use of emergency rulemaking to promulgate the rules that this

amendment authorizes. This amendment requires that licensure survey and enforcement be

conducted in a manner consistent with any rule issued under this amendment.- Amends TCA

Section 33-2-404; Section 68-11-202 and Section 71-2-412. Effective 4/17/2015.


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Tort Liability and Reform - As introduced, grants immunity from civil liability to individuals

providing volunteer transportation services to senior citizens on behalf of a charitable organization or

human service agency, so long as the individual is acting within the scope of their official duties. –

Senate amendment changes this bill's effective date from upon becoming a law to July 1,

2015, and limits this bill's extension of immunity from civil liability for volunteer

transportation providers to situations where the charitable organization or human resources

agency that the volunteer provides transportation through has liability insurance in an amount

that is at least equal to the amounts established in the Governmental Tort Liability Act, in

which case the volunteer will not be liable for any amount in excess of the policy limits

unless the volunteer's conduct constitutes gross negligence or willful and wanton misconduct. Amends TCA Title 29, Chapter 34, Part 2. Effective 7/1/2015.

HB 0115 (Ramsey) SB 0017 (Ketron) H= SB subst.; Passed H., Ayes 94, Nays 0


Intellectual & Developmental Disabilities - Senate amendment requires that persons with

intellectual disabilities on the waiting list for services be enrolled in the self-determination

waiver when their caregivers attain the age of 80 rather than the age of 75 as in original bill. - Amends TCA Title 33, Chapter 5.

HB 0123 (Carr) SB 0198 (Crowe) H= Comp. SB subst.; Passed H., Ayes 96, Nays 0

S= Passed Senate, Ayes 33, Nays 0. Signed by

Governor.

Elder Abuse - Extends the elder abuse task force from January 15, 2015, to January 15, 2016. -

Amends TCA Title 71 and Chapter 961 of the Public Acts of 2014. Effective 4/20/2015.

HB 0196 (Gilmore) SB 0881 (Yarbro) H= SB subst.; Passed H., Ayes 97, Nays 0

S= Passed Senate as amended, Ayes32, Nays 0.

Transmitted to Governor for action.

Elder Abuse - As introduced, requires that a fine be imposed on a person convicted of abuse, neglect,

or exploitation of an adult if the victim was over 60 years of age; requires that the fines be

appropriated by the general assembly to fund services and programs for senior citizens. Senate

amendment clarifies that appropriation of the new fine amounts for funding services and

programs for senior citizens will be permissive rather than mandatory.- Amends TCA Title 39,

Chapter 13; Title 71, Chapter 2 and Title 71, Chapter 6, Part 1.

HB 0944 (Littleton) SB 0941 (Yager) H= SB subst.; Passed H. as amended, Ayes 95,

Nays 0

S= Passed S as amended., Ayes 32, Nays 0;

Senate concurred in House amendment

Senior Citizens - Senate amendment rewrites this bill. This amendment replaces the present

law requirement that the commission on aging and disability initiate an outreach program to

provide Medicare-eligible Tennesseans information and education relative to obtaining

prescription drugs at a discounted cost, and obtaining prescription drugs through programs

based upon an individual's income. Under this amendment, the commission will be required

to operate an outreach and counseling program through the state health insurance assistance


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program (SHIP) that will provide residents of this state with information, education, and

counseling relative to medicare, TennCare, medigap, enrollment in medicare prescription

drug plans (Part D), and the accompanying low-income subsidy, finding help with the cost of

prescription drugs during coverage gaps and access to drugs not covered under Part D,

medicare advantage options, long-term care planning and insurance, claims and billing

problem resolution, information and referral on public benefit programs, employer and retiree

health insurance options for those with medicare, and VA benefits and other military health

insurance for those with medicare. The full text of this amendment describes the types of

outreach that the commission must utilize in operating the program. The program will be

operated within the commission's available resources. The commission will be authorized to

delegate its responsibilities to a public or private contractor. The commission will be

authorized to apply for grants to fund the program. The commission will be authorized to

promulgate rules to implement the program.

House amendment revises the present law provision that prohibits the standards and

procedures developed by the commission on aging and disability relative to the nutrition

program for older persons operated in accordance with the federal Older Americans Act from

establishing a threshold of an average of 20 congregate meals per day for every site. This

amendment requires that such standards and procedures establish a threshold of an annual

average of 10 congregate and home-delivered meals a day for any nutrition sites. - Amends TCA Title 71, Chapter 2.

ECONOMIC DEVELOPMENT

HB 0024 (Williams) SB 0127 (Tracy) H= Passed H. as amended Ayes 95, Nays 0;

House concurred in Senate amendment

S= HB subst.; Passed Senate as amended Ayes

26, Nays 2

Economic and Community Development - Enacts the "Go Build Tennessee Act" to promote the

development of a comprehensive statewide program designed to increase career opportunities

for secondary and postsecondary students in the construction industry. The program will be

administered by a 501(c)(3) nonprofit corporation whose duties will include securing funding

for the program. - Amends TCA Title 4 and Title 62, Chapter 6.



Economic and Community Development - Authorizes, rather than requires, tax credits and other

economic incentives based on employment to include individuals having a co-employment

relationship with a professional employer organization and a client. - Amends TCA Sec. 62-43-105.

Effective 7/1/15.



Labor and Workforce Development, Dept. of - Changes references of the Workforce Investment Act

of 1998 to the “workforce development program.” - Amends TCA Section 4-3-1402; Section 4-3-

1404; Section 4-3-1405; Section 4-3-1417; Section 4-3-1418 and Section 8-35-221. Effective 7/1/15.


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HB 0291 (McCormick) SB 0322 (Norris) H= Passed H., as am., Ayes 95, Nays 0; House

concurred in Senate amendment

S= Companion House Bill substituted; Passed

Senate as amended, Ayes 31, Nays 0

Taxes, Exemption and Credits - Requires commissioners of economic and community development

and revenue to evaluate certain tax credits and report to various officials; revises, modifies, and limits

various other tax credit provisions. House amendment specifies that any taxpayer that has filed

an application and business plan as a regional headquarters with the department prior to July

1, 2015, will continue to be eligible for the credit described in the bill summary. The

amendment also expands the facilities included in the definition of headquarters facility by

deleting "sole" before international and national headquarters. Senate amendment adds "the

office of legislative budget analysis" as an entity to whom the report described in (6) of the

bill summary must be delivered. Amends TCA Title 67, Chapter 1; Title 67, Chapter 4 and Title

67, Chapter 6.

HB 0914 (Marsh) SB 0987 (Norris) H= Passed H., as am., Ayes 97, Nays 0, PNV 0

S= HB subst.; Passed Senate, Ayes 31, Nays 0

Economic and Community Development - As introduced, authorizes industrial development

corporations and health, educational, and housing facility corporations created by counties or cities to

accept payments in lieu of taxes from lessees of low-income housing projects. House amendment

# 1 adds that this bill does not limit the authority of a corporation to negotiate and receive

from a lessee payments in lieu of taxes with respect to a tax-credit housing project when that

authority has been delegated to the corporation by a municipality. House amendment #2

changes the effective date of the bill from "upon becoming law" to "July 1, 2015." - Amends

TCA Title 7, Chapter 53; Title 13, Chapter 20 and Title 48, Chapter 101, Part 3.

HB 1026 (Akbari) SB 0346 (Tate) H= Passed H., Ayes 94, Nays 0, PNV 0

S= Passed Senate, Ayes 30, Nays 0

Taxes, Exemption and Credits - Enacts the "Community Resurgence Job Tax Credit Act of 2015."

This bill creates a community resurgence job tax credit against franchise and excise tax

liability for a qualified business in the amount of $2,500 for each qualifying job created. A

"qualified business" is a new or existing business located in a high-poverty area. A

"qualifying job" is a full-time job: with wages equal to, or greater than, the state's average

occupational wage for the month of January of the year during which the job was created;

that was newly created in this state and, for at least 90 days prior to being filled by the

taxpayer, did not exist in this state as a job of the taxpayer or of another business entity; and

that is created within a three-year period from the effective date of the business plan required

by this bill.- Amends TCA Title 67, Chapter 4, Part 20 and Title 67, Chapter 4, Part 21.

EDUCATION

HB 0006 (Brooks, H) SB 0007 (Massey) H= Passed House, Ayes 91, Nays 0. Signed by

Governor. S= Passed Senate, Ayes 29, Nays 0

Basic Education Program (BEP) - Requires fiscal capacity for BEP purposes of each LEA to be set

annually by May 1 before the next school year begins; prohibits any change in any LEA's fiscal

capacity after it is set. - Amends TCA Title 49, Chapter 3, Part 3.


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HB 0010 (McCormick) SB 0010 (Norris) H= Passed H., as am., Ayes 85, Nays 8, PNV 1


Students – House amendment rewrites the bill. Beginning January 1, 2017, this amendment

requires a student, during the student's high school career, to take a United States civics test

prepared by the LEA and consisting of between 25 and 50 questions, instead of the 100

questions the bill required, taken from the civics test administered by the United States

citizenship and immigration services. In contrast to the bill, this amendment does not make

passage of the test a requirement for graduation.

A student may take the test as many times as necessary to pass the test. A student who has an

individualized education program under which the civics test is determined to be an

inappropriate requirement for the student does not have to take the test. In order to pass the

test, a student must answer 70 percent of the questions correctly, instead of 60 percent in the

bill. If all students in a senior class required to take the test and receiving a regular diploma

pass the test, the school will be recognized on the department of education's web site as a

"United States civics all-star school" for that school year. - Amends TCA Title 49, Chapter 1;

Title 49, Chapter 2 and Title 49, Chapter 6.

HB 0107 (McCormick) SB 0118 (Norris) H=Comp. became Public Chapter 186


Lottery, Scholarships and Programs - Makes various revisions to the Tennessee Promise Scholarship

Act. - Amends TCA Title 49, Chapter 4, Part 7.

HB 0125 (Hardaway) SB 0512 (Dickerson) H= Public Chapter 171

S= Comp. became Public Chapter 171

Schools, Charter - Halts the closure at the end of the 2014–2015 school year of charter schools on the

state's 2015 priority list; makes the 2017 priority list the first list for which charter schools appearing

on a priority list must close at the end of the school year. - Amends TCA Title 49. Effective 4/17/15.

HB 0138 (Gresham) SB 0027 (Gresham) H= SB subst.; Passed H., as am., Ayes 52, Nays

43, PNV 0

S= Passed Senate as amended, Ayes 27, Nays 3;

Senate concurred in House amendment.

Education - Enacts the "Individualized Education Act." This bill creates an individualized

education account for eligible students, whereby funds will be provided for the student to be

educated at a nonpublic school. Eligible student is one with disabilities as defined in the bill. -

Amends TCA Title 49.

HB 1171 (Smith) SB 0063 (Kelsey) H= Comp. SB subst.; Passed H., Ayes 68, Nays

19, PNV 3

S= Passed Senate as amended, Ayes 28, Nays 3,

PNV 2. Signed by Governor.

Education - As introduced, permits a local board of education to refuse to accept federal funding for

an education program without a penalty being assessed by a state agency or state official. Senate

amendment specifies that the funding may not be refused if such refusal would cause a loss


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of federal funding for all participating LEAs in the program. This amendment requires a local

board to notify the department that the local board intends to refuse to accept federal funding

before the local board acts to refuse the funding.-Amends TCA Title 49, Chapter 3, Part 2.

Effective 4/20/2015.

ELECTIONS

HB 1213 (Doss) SB 1284 (Hensley) H= Passed House as amended, Ayes 93, Nays 0.

Signed by Governor. S= HB subst., Passed Senate, Ayes 29, Nays 2

Municipal Government - House amendment rewrites this bill. This amendment authorizes

registered voters who own real property in Town of Ethridge, which is in Lawrence County,

to vote in all municipal elections and municipal referenda held in the city. TCA Title 2; Title 6

and Title 7.

EMINENT DOMAIN

HB 0137 (Lamberth) SB 0287 (Stevens) H= SB subst.; Passed H., Ayes 87, Nays 3;

Signed by Governor. S= Passed Senate as amended, Ayes 30, Nays 0

Eminent Domain - As introduced, requires actions brought by a landowner for a jury of inquest or

damages to be brought within 12 months after the land has been actually taken possession of and the

work of proposed improvement begun. Senate amendment clarifies that this bill applies to the

statute of limitations for actions that could be brought for trespass or nuisance in connection

with the exercise of eminent domain.- Amends TCA Title 29, Chapter 16.

ENVIRONMENT



Water - Changes requirements for use of lead free hardware with respect to drinking water. - Amends

TCA Title 68, Chapter 221, Part 7. Effective 7/1/15.

HB 0081 (McCormick) SB 0092 (Norris) H= Comp. SB subst., Passed H. Ayes 96, Nay 0

S= Passed Senate as amended, Ayes 31, Nays 0.

Signed by Governor.

Environment and Conservation, Department of - As introduced, makes various changes to the

regulation of petroleum underground storage tanks and waste. Senate amendment removes this

bill's provision that would have expanded the Class C misdemeanor of a person submitting to

the department any document known to be false or known to contain any materially false,

fictitious, or fraudulent statement or entry to include a person causing such a document to be

submitted. This amendment also makes July 1, 2016, the effective date of this bill's provision

whereby the board will follow the appeals procedures provided in the Hazardous Waste

Management Act. - Amends TCA Title 68, Chapter 211, Part 1; Title 68, Chapter 212 and Title 68,

Chapter 215, Part 1. Effective 7/1/2015.


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HB 0868 (Keisling) SB 1325 (McNally) H= SB subst.; Passed H., Ayes 96, Nays 0


Environment and Conservation, Department of - Senate amendment rewrites this bill. This

amendment requires TACIR, upon submission of the final state plan for regulating carbon

dioxide emissions from covered electric-generating units by the department of environment

and conservation to EPA, to prepare a report that assesses the effects of the state plan on the

electric power sector; electricity consumers within this state; employment within this state,

both directly and indirectly; economic development in this state; the competitive position of

this state relative to neighboring states and other economic competitors; state and local

governments; and existing state laws, and any proposed legislation that may be necessary to

implement the state plan.

This amendment provides that "covered electric-generating unit" means an existing fossil-

fuel-fired electric-generating unit located within this state that is subject to regulation under

EPA emission guidelines. This amendment requires TACIR to transmit a copy of the report

required above to the chairs of the government operations committees of the senate and the

house of representatives and to present the findings of the report at the next regularly

scheduled meeting of the joint government operations committee.

This amendment provides that the report required above does not have to be prepared if the

final federal emission guidelines approved by the EPA:

(1) Do not establish carbon dioxide emission control requirements for this state that are based

on the decrease in carbon dioxide emissions resulting from the operation of new nuclear-

generating facilities currently under construction in this state; and

(2) Authorize this state to receive full credit for the decrease in carbon dioxide emissions

resulting from nuclear-generating facilities under construction as of the effective date of this

act, for purposes of demonstrating compliance with carbon dioxide emission control

requirements under the final EPA emission guidelines.

This amendment requires the commissioner of environment and conservation to notify the

secretary of state and the executive secretary of the Tennessee code commission of the

effective date of federal emissions guidelines as soon as reasonably practical after such

effective date is known. This bill will take effect concurrently with the effective date of

federal emissions guidelines, the public welfare requiring it. - Amends TCA Title 43 and Title 68.

FIREARMS

HB 0995 (Harrison) SB 1171 (Stevens) H= Public Chapter 250

S= Companion HB became Public Chapter 250

Firearms and Ammunition - Allows a person with a handgun carry permit to carry a firearm in any

state, county, or municipal park or other recreation area; deletes provisions allowing local

governments to prohibit carrying in parks by resolution or ordinance. However, this authorization for

handgun permit holders does not apply in the immediate vicinity of property in use by a school,

college, or public or private educational institution for an athletic event or other school-related

activity on an athletic field if the permit holder knows or should have known the activity was taking

place on the property or if the permit holder failed to take reasonable steps to leave the area of the


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athletic event or school-related activity after being informed or becoming aware of its use. Effective

4/24/2015.

HB 1341 (Weaver) SB 1110 (Briggs) H= SB subst., Passed H., Ayes 74, Nays 20, PNV

1


PNV 1. Transmitted to Governor for action.

Firearms and Ammunition - Senate amendment rewrites the bill to specify that no public funds,

personnel, or property may be used to enforce any federal law or regulation that regulates the

ownership, use, or possession of firearms, ammunition, or firearms accessories, if the

expenditure or use of the personnel or property would result in the violation of another

Tennessee statute, Tennessee common law, or the Constitution of Tennessee. - Amends TCA

Title 38, Chapter 3.

HOUSING

HB 1174 (Clemmons) SB 1123 (Yarbro) H= SB subst.; Passed H., Ayes 92, Nays 0

S= Passed S. as amended, Ayes 30, Nays 0.


Metropolitan Government - As introduced, permits a county with a metropolitan government that has

purchased real property at a delinquent tax sale to authorize the conveyance of the real property by

grant or donation to a nonprofit organization for the purpose of constructing affordable or workplace

housing. Senate amendment makes this bill applicable to "real property acquired" by the

county instead of "purchased land". This amendment also removes references to such land

being donated, so that it only refers to the property being conveyed by grant. This

amendment also corrects a reference in present law to clarify which provisions governing

sales of property to a county do not apply to Davidson County. - Amends TCA Title 7, Chapter

3, Part 3 and Title 67, Chapter 5, Part 25.

PLANNING & ZONING

HB 0177 (Lynn) SB 0382 (Ketron) H= Comp. SB became Public Chapter 209


Authorizes by planning commission regulation, new methods of guaranteeing infrastructure

improvements before final subdivision plat approval by regional or municipal planning commissions.

Authorizes planning commission regulations to provide for the preliminary approval of the plat before

the infrastructure improvements are made Authorizes planning commissions to grant final plat

approval subject to the submittal and acceptance of a bond, letter of credit or other method of

assurance, in the form, amount and with conditions and surety satisfactory to the planning

commission to cover the actual construction and infrastructure improvements within a specified

period of time. Authorizes an attorney for the county or city to inforce the means of assurance.

Authorizes planning commission to use the proceeds from any means of assurance to cause the

construction of the infrastructure. Replaces the criminal penalty with authority for the county or city

attorney to pursue injunctive and other relief for an owner or agent of an owner transferring land

before subdivision plat approval and before recording an approved plat with the county register. -

Amends TCA Section 13-3-403; Section 13-3-410; Section 13-4-303 and Section 13-4-306. Effective

4/20/2015.


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HB 0292 (McCormick) SB 0323 (Norris) H= Comp. SB became Public Chapter 192


Zoning - Senate amendment rewrites this bill to provide that buildings and development

within the one hundred-year floodplain in a county participating in the national flood

insurance program must be regulated by the county, but only to the minimum extent

necessary to comply with the national flood insurance program.- Amends TCA Title 13,

Chapter 7. Effective 4/22/2015.

HB 0480 (Beck) SB 1201 (Yarbro) H= Public Chapter 130


Metropolitan Government - Authorizes a metropolitan government by two-thirds vote to restrict the

location of a private club within 1,000 feet of a private school, public school, charter school, public

park, residence, or place of worship. Senate amendment redefines "private club" to mean a club

or organization that operates for the purpose of providing members of the club with the

opportunity to engage in or view live specified sexual activities. This amendment specifies

that upon the adoption of the provisions of this bill, the county legislative body may deny a

building permit, use and occupancy permit, or other zoning permit applicable to a private

club determined to be in violation of this bill. This bill further specifies that this bill does not

apply to adult-oriented establishments.. - Amends TCA Title 5; Title 6; Title 7; Title 13 and Title

68. Effective 4/9/15.

HB 0574 (Williams) SB 0634 (Bailey) H= SB subst.; Passed H., Ayes 95, Nays 0


Public Property - Requires a written agreement between local government and private property

owners allowing agricultural use of real property owned by the local government by the private

property owners to continue to be valid after the sale or transfer of property if the sale or transfer is

made to another local government or state agency. Senate amendment revises this bill's

requirement that the state agency pay for any fencing, agricultural-related buildings, or

watering required by the private property owner due to not being able to continue use of the

real property to instead require the state agency to provide information regarding potential

grant funding for fencing and watering livestock and to authorize the state agency to work

with the owner to seek such funding. The owner will be responsible for maintaining any of

the resulting improvements. - Amends TCA Title 11 and Title 12, Chapter 1.

HB 0846 (McCormick) SB 1232 (Bell) H= SB subst.; Passed H., Ayes 94, Nays 0


Planning, Public – Senate amendment rewrites the bill. This amendment adds to present law a

means by which an industrial, commercial, or business establishment will be allowed to

continue in operation after the land on which it is located becomes subject to land use

restrictions imposed pursuant to a redevelopment plan or the land use restrictions imposed on

the land area are amended by a redevelopment plan, so long as there is no change in the use

of the land by the industrial, commercial, or business establishment.

Under this amendment, immediately preceding an initial adoption of the land use restrictions

or an amendment of the restrictions, an industrial, commercial, or other business

establishment will be allowed to replace facilities necessary to conduct the industry or

business if the facilities are acquired by a governmental entity through eminent domain, or


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replace facilities required to be relocated as the result of the acquisition of property by a

government entity through eminent domain; provided, that:

(1) The replacement facilities must not be larger in size than the facilities in existence prior to

the acquisition or relocation;

(2) The construction of the replacement facilities commences within 30 months of the date of

the taking or acquisition; and

(3) There is a reasonable amount of space for such replacement facilities on the property

owned by such industry or business, so as to avoid nuisances to adjoining landowners.

This amendment specifies that the above paragraph will only apply to land owned and in use

by the affected industrial, commercial, or other business establishment prior to acquisition or

relocation, and does not operate to permit the replacement of facilities necessary to the

conduct of the industry or business through the acquisition of additional land.

This amendment specifies that the previous two paragraphs will only apply to any acquisition

or relocation of facilities within an area subject to land use restrictions imposed pursuant to a

redevelopment plan occurring on or after July 1, 2015, regardless of the redevelopment plan's

date of enactment.

Under present law, an off-site sign that is in operation and permitted under zoning regulations

or exceptions thereto prior to a zoning change may continue to operate and be permitted, and,

in some cases, such signs are allowed to be expanded or reconstructed. This amendment adds

that any operation, rebuilding, or expansion of an off-site sign that has been in existence for

10 years or more will not be denied solely on the basis that the original permit for the sign

does not exist to prove that it was a lawful use when constructed.

HB 1275 (Durham) SB 1326 (McNally) H= SB subst.; Passed H., as am., Ayes 82, Nays

0, PNV 0



Local Government, General - Senate amendment rewrites this bill to require each metropolitan

planning organization's policy board to ensure that:

(1) The number of votes for any local government official are equally weighted and not based

on the population of the area represented by each official; and

(2) One voting member is chosen by the Tennessee County Highway Officials Association.

House amendment specifies that the member of the board chosen by the Tennessee county

highway officials association must reside within the metropolitan planning organization's

boundaries. This amendment adds to the bill's definition of "metropolitan planning

organization" that the organization must contain at least three counties located within this

state. - Amends TCA Title 4, Chapter 16; Title 54 and Title 64.

PUBLIC EMPLOYEES

HB 0019 (Goins) SB 0112 (Kelsey) H= Companion SB became Public Chapter 25


Traffic Safety - Specifies that utility workers and meter readers are exempt from wearing seat belts

while emerging from and reentering a vehicle at frequent intervals, and while the vehicle is operated


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at less than 40 mph. - Amends TCA Section 55-9-603. Effective 7/1/15.

HB 0020 (Johnson) SB 0020 (Ketron) H= Comp. SB subst. Passed H., Ayes 94, Nays 0

S= Passed S. Ayes 31, Nays 0. Signed by

Governor.

Local Government, General - As introduced, expands presumptive disability in acquiring certain

infectious diseases in the line of duty by emergency rescue workers to include the hepatitis C virus. -

Amends TCA Section 7-51-209. Effective 7/1/2015.

HB 0149 (Jernigan) SB 0436 (Haile) H= Comp. SB subst. Passed H., Ayes 94, Nays 0


Governor.

Local Government, General - As introduced, revises the provisions governing the presumption that

certain health impairments resulting in a law enforcement officer's death or personal injury are

attributable to injury suffered in the course of employment, unless otherwise shown by medical

evidence. - Amends TCA Title 7, Chapter 51. Effective 4/28/2015.

HB 0158 (Casada) SB 0183 (Hensley) H= Public Chapter 239


Teachers, Principals and School Personnel - As introduced, makes the Little Hatch Act applicable to

teachers and certain other public school employees.

This bill, instead of present law provisions governing use of state-owned property for

campaign advertising or activities and political activity interfering with state business, will

apply to teachers. This amendment clarifies that this bill applies to the above-described

prohibited activity in regard to a candidate "for partisan or nonpartisan public office elected

by the people." This amendment also specifies that except for the use of LEA-owned

equipment and vehicles, this bill does not apply to a teacher during hours in which the

teacher is not performing school duties. This amendment further specifies that it does not

prohibit a teacher from displaying a decal or bumper stick on the teacher's own personal

vehicle while the vehicle is parked on LEA property.

This amendment adds that it is unlawful for any teacher employed by an LEA during those

hours of the day when the LEA requires the teacher to be performing school duties to:

(1) Engage actively in a political campaign on behalf of any party, committee, organization,

or agency;

(2) Engage in a campaign for a candidate for partisan or nonpartisan public office elected by

the people;

(3) Attend political meetings or rallies;

(4) Use the teacher's employment to interfere with or affect the result of any regular or

special primary election conducted within the state;

(5) Perform political campaign duties or functions; or

(6) A teacher on leave or during those hours in which the teacher is not required to be

performing school duties is not subject to the restrictions in subdivision (c)(2). No policy or

rule of an LEA shall be more restrictive of the political activity of a teacher on leave or

during those hours in which the teacher is not required to be performing school duties than

those restrictions set forth in subsection (c). - Amends TCA Title 2, Chapter 19, Part 2; Title 49,

Chapter 2 and Title 49, Chapter 5. Effective 7/1/2015.


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HB 0994 (Todd) SB 1158 (Green) H= Comp. became Public Chapter 80


Employees, Employers - Creates a cause of action against an employer for discharge or adverse

employment action based solely on transportation or storage of a firearm or firearm ammunition in an

employer parking lot. - Amends TCA Title 50, Chapter 1. Effective 7/1/15.

PURCHASING

HB 0084 (McCormick) SB 0095 (Norris) H= Passed H., Ayes 96, Nays 0; House concurred

in S. amendment. Signed by Governor.

S= HB subst. , Passed Senate as amended, Ayes

33, Nays 0

General Services, Dept. of - As introduced, authorizes public institutions of higher education and the

department to participate in, sponsor, conduct, or administer cooperative purchasing agreements with

other states or local governments for the procurement of certain goods or services; revises the protest

process for challenging a solicitation, award, or proposed award of a state contract; revises provisions

governing authorized limitations of liability in certain state contracts. House amendment - revises

this bill to specify that the department and institutions of higher education may each

participate in, sponsor, conduct, or administer a cooperative purchasing agreement with one

or more other governmental entities. This amendment also removes the provision whereby

such an agreement may be entered into for the procurement of construction, engineering, or

architectural services, and specifically prohibitions the use of a cooperative purchasing

agreement to procure such construction, engineering, and architectural services. Senate

amendment deletes this bill's authorization for the department of general services and

institutions of higher education to each participate in, sponsor, conduct, or administer a

cooperative purchasing agreement with one or more other governmental entities for the

procurement of services relating to the transfer, ownership, maintenance, or management of

real property or the procurement of construction materials. This amendment also purports to

change a reference from "Tennessee small business" to "small business," but that change was

previously made by House Amendment. Amends TCA Title 12, Chapter 2, Part 1; Title 12,

Chapter 3, Part 5 and Title 12, Chapter 3, Part 7. Effective 4/28/2015.

HB 0702 (Kumar) SB 0831 (Yager) H= Passed H., as am., Ayes 95, Nays 0, PNV 0

S= Passed Senate, Ayes 33, Nays 0; Senate

concurred in House amendment

Purchasing and Procurement - As introduced, authorizes local government entity having centralized

purchasing authority with full-time purchasing agent, by resolution or ordinance, to increase threshold

for when public advertisement and sealed competitive bids are required in an amount not to exceed

$25,000; allows municipal governing bodies to increase, by ordinance, the amount required for public

advertisement and competitive bidding from maximum of $10,000 to maximum of $25,000. House

amendment removes this bill's authorization for a municipal governing body to lower the

dollar amount required for public advertisement and competitive bidding. - Amends TCA Title

6, Chapter 56 and Title 12, Chapter 3.

HB 0823 (Lollar) SB 0987 (Norris) H= SB subst.; Passed H., Ayes 93, Nays 0

S= Passed Senate as amended, Ayes 33, Nays 0:


Public Contracts - As introduced, increases, from $25,000 to $100,000, the threshold for public works


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projects that require a registered architect, registered engineer, or registered landscape architect. -

Amends TCA Title 5; Title 6; Title 7; Title 12 and Section 62-2-107. Senate amendment changes

the threshold amount to 50,000.

STATE AND LOCAL GOVERNMENT

HB 0052 (Carter) SB 0019 (Ketron) H= Public Chapter 257

S= Comp. HB became Public Chapter 257

Clerks, Court - As introduced, allows court clerk, subject to approval of the judge, to accept a lump-

sum partial payment in full settlement for all court costs, fees, and litigation taxes owed; provided,

that the amount has been in default for at least five years and the amount settled upon is 50 percent or

more of the combined outstanding balance. - Amends TCA Title 40, Chapter 24, Part 1. Effective

7/1/2015.

HB 0055 (Johnson) SB 0060 (Green) H= Passed H., Ayes 94, Nays 0, PNV 0.

S= Companion House Bill Substituted; Passed

Senate, Ayes 33, Nays 0.

Judges and Chancellors - As introduced, creates a new circuit court judge position in the 19th judicial

district, with the position to be filled by appointment of the governor. - Amends TCA Title 16,

Chapter 2.

HB 0113 (Eldridge) SB 0335 (Jackson) H= Public Chapter 159


County Officers - Adds members of a county legislative body to the list of officials authorized to

retain gratuities received for solemnization of marriage. - Amends TCA Section 36-3-301. Effective

4/61/2015.

HB 0133 (Lamberth) SB 0289 (Stevens) H= Comp. became Public Chapter 143


Prisons and Reformatory Institutions - Requires an action that accrued while a plaintiff inmate was

housed in a facility operated by a private corporation pursuant to a contract with the state or local

government to be brought in the county in which the facility is located. - Amends TCA Title 41,

Chapter 21, Part 8. Effective 7/1/2015.

HB 0151 (Harrison) SB 0125 (Overbey) H= Passed H. as amended, Ayes 91, Nays 2,

PNV 2. Signed by Governor.

S= HB subst., Passed Senate, Ayes 33 Nays 0

TennCare - As introduced, enacts the "Annual Coverage Assessment Act of 2015." House

amendment adds the details of the annual coverage assessment that this bill imposes on

covered hospitals for fiscal year (FY) 2015-2016. Generally, the assessment is annually

imposed to pay for benefits and services under the TennCare program that otherwise would

have been subject to reduction or elimination from TennCare funding and for payments to

hospitals for FY 2015-2016 of a portion of its unreimbursed cost of providing services to

TennCare enrollees.- Amends TCA Title 71, Chapter 5 and Chapter 877 of the Public Acts of 2014.

Effective 7/1/2015.


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HB 0187 (Hawk) SB 0413 (Haile) H= Comp. became Public Chapter 112


Local Government, General - Adds all county, municipal, and metropolitan governments to the list of

entities required to establish internal controls to ensure compliance with applicable law, prevent

waste, and ensure operations are properly recorded. - Amends TCA Section 9-18-102. Effective

6/30/2016

HB 0188 (Carter) SB 0352 (Southerland ) H= Comp. SB became Public Chapter 208


Comptroller, State - As introduced, alters the penalty imposed on a municipality for violating the

Municipal Finance Officer Certification and Education Act from $50.00 per day to a sales tax revenue

reduction in an amount not to exceed 15 percent of the total amount due to the municipality in a fiscal

year. - Amends TCA Section 6-56-407. Effective 4/20/2015.

HB 0189 (Ramsey) SB 0414 (Yager) H= Companion SB became Public. Chapter 41


Public Funds and Financing - Requires local governments that are subject to comptroller audit and

handle public funds to close their accounting records and make them available for audit no later than

two months after the close of their fiscal year. - Amends TCA Section 9-2-102. Effective 7/1/15.

HB 0190 (McManus) SB 0415 (Kelsey) H= Comp. SB became Public Chapter 210


Fire Prevention and Investigation - Requires volunteer fire departments receiving public funds to file

an annual financial report with the state comptroller and the local governments from which they

receive funding. - Amends TCA Title 68, Chapter 102, Part 3. Effective 4/20/2015.

HB 0258 (Byrd) SB 0420 (Roberts) H= Companion SB became Public Chapter 43


Law Enforcement - Eliminates the requirement that a governing body of a law enforcement agency

responsible for an investigation and arrest resulting in a drug conviction must provide a report to the

comptroller regarding funds collected and paid and money spent on drug education and treatment. -

Amends TCA Section 39-17-451. Effective 3/27/15.

HB 0304 (Wirgau) SB 0845 (Yager) H= SB subst.;Passed H., Ayes 93, Nays 0, PNV 0


Local Government, General – Senate amendment rewrites this bill. Under the present law

provisions governing cities that incorporate under general law with a city manager-

commission charter, if the city has a population of less than 5,000, it has three

commissioners, with staggered terms. However, a city with a population of less than 5,000

may increase the number of commissioners to five by ordinance. In the next regular city

election after the adoption of such an ordinance, voters are entitled to vote for three

commissioners, or four commissioners, as the case may be, and at the same election the

approval of the ordinance is also submitted to the voters. Present law provides that an

ordinance approved by the voters may not be repealed or amended.

This amendment removes the provisions that an ordinance approved by the voters may not be

repealed or amended and adds that any city that has previously adopted an ordinance


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approved by the voters pursuant to the above provisions increasing the number of

commissioners from three to five, may, after six years, adopt an ordinance to decrease the

number of commissioners from five to three following the same procedure. If a majority of

those persons voting on the ordinance are for approval, then the number of commissioners

will be reduced to three. Any such ordinance providing for a decrease in the number of

commissioners will not operate to abbreviate the term of office of any elected commissioner. . - Amends TCA Title 5; Title 6; Title 7; Title 8 and Title 12.

HB 0311 (McDaniel) SB 0532 (Gresham) H= Passed H. as amended, Ayes 94, Nays 0.

Enrolled; ready for sig. of H. Speaker


Hospitals and Health Care Facilities - As introduced, requires local government officials to be

notified within 10 days when a certificate of need application is filed that involves a facility in which

the local government holds an ownership interest; allows local government officials to testify at any

hearing conducted by the health services and development agency related to a certificate of need

application. House amendment specifies that a county or municipality must be a lessor of the

healthcare facility or the real property on which it sits, rather than merely having an

"ownership interest" in the facility, to trigger the notification requirements for the applicant-

Senate amendment corrects a reference to be "nonresidential substitution-based treatment

center for opiate addiction". Amends TCA Title 68, Chapter 11, Part 16.

HB 0369 (Faison) SB 0271 (Bell) H= Comp. became Public Chapter 104


Sunset Laws - Extends the Mid-Cumberland human resource agency, June 30, 2021, and requires

representatives of the agency to report back to the committee concerning the findings in its 2014

performance audit report. - Amends TCA Title 4, Chapter 29, Part 2 and Title 13, Chapter 26.

Effective 4/10/15.

HB 0414 (Durham) SB 0540 (Johnson) H= Comp. became Public Chapter 115


Local Government, General - Permits the board of commissioners of a city incorporated under the

city manager–commission charter to pass ordinances by means of a consent calendar. Senate

amendment adds the following requirements for the use of consent calendars by a board of

commissioners governing a city organized under a city manager-commission charter:

(1) An ordinance must be removed from the consent calendar if an amendment is adopted for

that ordinance; and

(2) Copies of the consent calendar must be published along with the agenda prior to any

meeting at which the consent calendar will be considered. - Amends TCA Title 6, Chapter 20.

Effective 4/10/15.

HB 0648 (McCormick) SB 0607 (Norris) H= Passed H., as am., Ayes 67, Nays 30, PNV 0.



Salaries and Benefits - Makes various changes to state, local government, and local education

insurance plans. - Amends TCA Title 8, Chapter 27.


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HB 0787 (Williams) SB 0474 (Bell) H= Comp. SB subst.; Passed H., Ayes 74, Nays

18, PNV 1


PNV 2. Transmitted to Governor for action.

Codes - As introduced, prohibits the requirement of fire sprinkler systems for townhouses by any

local or statewide adopted building codes. Senate amendment authorizes local governments to

adopt mandatory sprinkler requirements for townhouses in the same manner as utilized for

one-family and two-family dwellings. - Amends TCA Title 68, Chapter 120.

HB 1233 (Wingau) SB 1270 (Yager) H= Public Chapter 170


County Government - Under this bill, in the event that a local county fiscal body has not

adopted a budget by July 1 of any year, and until a final operating budget is adopted, the

operating budget for the year just ended and the appropriation resolution for such year will

continue in effect by operation of law without further action of the county legislative body;

provided, however, all agencies of the county and other entities receiving appropriated

county funds may not during any month encumber funds in excess of the allotment for a

comparable month of the preceding fiscal year, unless specifically authorized to do so by

resolution of the county legislative body. The authorizing resolution must identify a

corresponding funding source equal to the amount of excess allotment authorized. The excess

allotments so authorized will become a part of the final operating budget. During the time

that the continuation operating budget is in effect, the budget may be amended according to

the procedures for amending a final operating budget, and amendments will be made as

necessary to provide for debt obligations and court-ordered expenditures.

The continuing budget, authorized by this bill may continue in effect for the months of July

and August and, upon approval from the comptroller of the treasury or the comptroller's

designee after a showing of extraordinary circumstances, may continue for the month of

September; provided, however, no such continuation budget may extend beyond September

30 of any fiscal year. The county must submit justification for extending the continuing

budget through the month of September to the comptroller of the treasury or the comptroller's

designee for approval by August 15. The comptroller of the treasury or the comptroller's

designee may request any additional information as may be required to properly review the

continuing budget extension request. The fact that the county is operating under a

continuation budget will not, by itself, be grounds for disapproval of a tax and revenue

anticipation note or other comparable financing.. - Amends TCA Title 5. Effective 4/16/2015.

HB 1351 (Clemmons) SB 1392 (Yarbro) H= Passed H., as amended, Ayes 91, Nays 1.

Transmitted to Governor for his action.


Senate as amended, Ayes 32, Nays 0

County Government - Reduces, from five to three days, the advance notice requirement for calling the

county legislative body into a special session. House amendment rewrites this bill and authorizes

county legislative bodies to appropriate money for affordable or workforce housing. Senate

amendment clarifies that a county legislative body may appropriate funds for affordable

housing or workforce housing, and adds that:

(1) "Affordable housing" means housing that, on an annual basis, costs 30 percent or less

than the estimated median household income for households earning 60 percent or less than


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the median household income for the applicable county based on the number of persons in

the household, as established by the "Median Household Income in the Past 12 Months by

Household Size" (B19019) from the most recently available United States Census Bureau

American Community Survey; and

(2) "Workforce housing" means housing that, on an annual basis, costs 30 percent or less

than the estimated median household income for households earning more than 60 percent

and not to exceed 120 percent of the median household income for the applicable county

based on the number of persons in the household, as established by the "Median Household

Income in the Past 12 Months by Household Size" (B19019) from the most recently available

United States Census Bureau American Community Survey. Amends TCA Title 5; Title 6 and

Title 7.

HB 1372 (Holt) SB 1128 (Gardenhire) H= Comp. SB subst.; Passed H., Ayes 74, Nays

16, PNV 1.


Motor Vehicles - Enacts the "Tennessee Freedom From Traffic Cameras Act." Senate amendment

rewrites the bill. Under present law, unmanned traffic enforcement cameras that monitor

speed are not permitted on any public road or highway within one mile of a reduction of

speed limits on that public road or highway of 10 mph or greater; however, that provision

does not apply to unmanned traffic enforcement cameras within the designated distance of a

marked school zone when warning flashers are in operation.

This amendment specifies that unmanned traffic enforcement cameras may not be used to

issue speeding tickets on any public road or highway, unless the traffic camera is:

(1) Within the designated distance of a marked school; or

(2) On any S-Curve of a public road or highway, which this amendment defines as a bend in

a public road or highway in the shape of an "S" that inhibits a driver's full vision through the

bend. The provisions of this amendment will apply to contracts entered into or renewed on or

after July 1, 2015. - Amends TCA Section 55-8-198.

TAXATION

HB 0048 (Swann) SB 0032 (Overbey) H= SB subst.; Passed H., Ayes 89, Nays 4


Taxes, Exemption and Credits - As introduced, beginning with calendar year 2016, requires the

amounts of the Hall tax exemptions to be raised annually in accordance with inflation. Senate

amendment rewrites this bill to increase the income exemption levels to $37,000 for single

filers and $68,000 for joint filers. This change will apply to tax years beginning January 1,

2015, and thereafter- Amends TCA Title 67, Chapter 2.

HB 0075 (McCormick) SB 0085 (Norris) H= Companion Senate Bill Substituted; Passed

H., Ayes 92, Nays 3, PNV 2

S= Passed Senate, Ayes 32, Nays 0. Transmitted

to Governor for Action.

Intellectual & Developmental Disabilities - Extends the tax on intermediate care facilities; changes

references from "intermediate care facility for the mentally retarded (ICF/MR)" to "intermediate care

facility for individuals with intellectual disabilities (ICF/IID)"; makes other revisions. - Amends TCA


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Section 68-11-830.


Signed by Governor. S= Companion House Bill substituted; Passed

Senate, Ayes 33, Nays 0

Taxes - As introduced, extends the effective date of the streamlined sales and use tax agreement

legislation from July 1, 2015, to July 1, 2017; makes various revisions to sales tax and other tax

provisions. House amendment changes, from July 1, 2015, to October 1, 2015, the effective

date for the bill's provisions concerning warranty, service, and software maintenance

contracts. - Amends TCA Title 67; Chapter 72 of the Public Acts of 2011; Chapter 480 of the Public

Acts of 2013; Chapter 530 of the Public Acts of 2009 and Chapter 602 of the Public Acts of 2007.

Effective 7/1/2015.

HB 0122 (Shepard) SB 0033 (Overbey) H= Passed H., Ayes 95, Nays 0. Signed by

Governor. S= HB subst.; Passed Senate, Ayes 33, Nays 0.

Taxes, Exemption and Credits - Exempts diabetic testing supplies from sales and use tax. - Amends

TCA Title 67, Chapter 6, Part 3. Effective 7/1/2015.

HB 0186 (Alexander) SB 0990 (Norris) H= Companion SB became Public Chapter 220


Taxes, Alcoholic Beverages - Extends certain alternative distribution provisions concerning liquor-

by-the-drink tax proceeds to local governments. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title

8; Title 9; Title 49; Title 57 and Title 67. Effective 7/1/2015

HB 0191 (McManus) SB 0691 (Johnson) H= Comp. SB became Public Chapter 215


Taxes, Ad Valorem - As introduced, requires that notification of proposed changes in individual

property classifications or assessments to be made by either the state board of equalization or the

assessment appeals commission on its own accord be given by September 1 of the year following the

year for which the notice is given. - Amends TCA Section 67-5-1510. Effective 4/20/2015.

HB 0214 (McCormick) SB 0331 (Norris) H= SB subst.; Passed H., Ayes 91, Nays 0, PNV

4


Taxes, Ad Valorem - As introduced, for unoccupied property that is not vacant and abandoned,

changes the right of redemption period from one year to the period of time for which the city or

county property taxes on the property are delinquent; for property that is vacant and abandoned,

changes the redemption period to 30 days from entry of the order confirming the sale. Senate

amendment clarifies that the redemption period for each parcel will be one year, unless the

court finds sufficient evidence to order a reduced redemption period pursuant to this bill. This

amendment also changes a reference from "not occupied" to "vacant" in this bill's provision

regarding criteria for determining the status of a property.- Amends TCA Title 67, Chapter 5.


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HB 0259 (Reedy) SB 0421 (Jackson) H= Comp. became Public Chapter 71


Taxes, Ad Valorem - Establishes the date of October 1 by which tax increment agencies must file a

statement of tax increment revenue allocations, which statement is required annually by present law;

specifies that the statement and other filings required by the Uniformity in Tax Increment Financing

Act are the only filings required of tax increment agencies subject to the Act. - Amends TCA Title 7,

Chapter 53; Title 9, Chapter 23 and Title 13, Chapter 20. Effective 7/1/15.

HB 0467 (McCormick) SB 0752 (Watson) H= Passed H. as amended, Ayes 90, Nays 0.



Taxes, Exemption and Credits - As introduced, for large airplanes located temporarily within

Tennessee for the purpose of repair and refurbishment services, extends the sales tax exemptions for

the repair and refurbishment service labor performed on the large airplanes and sales of large

airplanes and related equipment. House amendment revises the exemption described above to

instead exempt: the sale, use, storage, or consumption of parts, components, software,

systems, accessories, materials, equipment, and supplies that are sold to or sold by an

authorized large aircraft service facility or affiliate.- Amends TCA Title 67, Chapter 6, Part 3.


H. concurred in S. amendment


Senate as amended, Ayes 30, Nays 0.

Taxes - As introduced, enacts the "Revenue Modernization Act." - This bill revises the business

tax, excise and franchise taxes, and sales and use tax laws, to specify such taxes are

applicable to persons with a substantial nexus in this state, and revises other various

provisions. Amends TCA Title 67, Chapter 4, Part 20; Title 67, Chapter 4, Part 21; Title 67, Chapter

4, Part 7 and Title 67, Chapter 6.

HB 0708 (White, M) SB 0759 (Tate) H= Comp. SB subst.; Passed H., as am., Ayes 94,

Nays 0, PNV 0.



Taxes - As introduced, clarifies that partial payment of property taxes must be received within "10

business days" rather than "10 days" of the delinquency date before the mandatory notice requirement

concerning possibility of a tax lien is triggered.

House amendment rewrites this bill. Under this amendment, subject to the general

provisions governing the assessment of religious, charitable, scientific, and educational

institutions for property tax purposes, real property in Shelby County owned and used by

certain nonprofit economic or charitable development organizations will be eligible for

property tax exemption as a charitable use of property if the real property owned by a

501(c)(3) nonprofit entity that is engaged in economic development, and such property will

be exempt to the extent the property is used:

(1) To expand entrepreneurship in the community;

(2) To commercialize technologies into scalable businesses;

(3) To provide affordable office or lab space and shared meeting rooms;

(4) To provide services, including accelerator programming and business training; and


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(5) To provide supporting facilities for parking, delivery, storage, and access, as well as

expansion space for the facilities described in (1)-(4).

This amendment will apply only to a nonprofit entity that has been in continual operation for

not less than 10 years from the effective date of this bill and that has executed an economic

development mission for not less than 10 years from the effective date of this bill. - Amends TCA Title 67, Chapter 5.

HB 0822 (Lullar) SB 0741 (Kelsey) H= Comp. SB subst.; Passed H., Ayes 92, Nays

0, PNV 0.


PNV 2.

Taxes, Ad Valorem - As introduced, specifies that a lease of property owned by an airport authority

that exceeds 30 years is not subject to local approval; specifies that a lessee under a lease negotiated

with an airport authority will not be subject to having the property assessed as if the lessee were the

owner; revises other related provisions. Senate amendment #2 limits to Shelby County the

application of the provisions regarding the tax liability beginning in the 51st year, and

specifies that the provision will also apply to leases in effect as of the effective date of this

bill. This amendment also limits to Shelby County the provision excluding an airport

authority from the definition of political subdivision.

Senate amendment #5 adds a new provision to this bill and present law concerning health,

educational and housing facility corporations and makes the change to the definition of

"political subdivision" applicable to leases that are in effect on the date that this bill becomes

a law.

Under present law, if a lease is for a period of less than 50 years and the lease permits the

lessee to acquire the real property for a nominal sum at or before the completion of the term,

the leased property will not be assessed as if the lessee were the owner, if the lease was

negotiated under the laws concerning industrial development corporations. This amendment

extends the present law to leases negotiated under the laws concerning health, educational

and housing facility corporations.- Amends TCA Section 67-5-203.

HB 0899 (Brooks, K) SB 0381 (Ketron) H= Public Chapter 249


Taxes, Sales - Removes the tax exemption for certain machinery used for the manufacture of firearms.

- Amends TCA Section 67-6-102. Effective 4/24/2015.

HB 0928 (Powers) SB 1344 (McNally) H= Comp. became Public Chapter 81


Taxes, Exemption and Credits - Exempts from sales and use tax certain machinery used by water and

wastewater treatment authorities created by governmental entities. - Amends TCA Title 67. Effective

7/1/15.

HB 0951 (Lynn) SB 0850 (Overbey) H= SB subst.; passed House , Ayes 90, Nays 0



Taxes, Hotel Motel - Senate amendment rewrites the bill. For purposes of the hotel occupancy


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tax, present law defines "person" to mean any individual, firm, partnership, joint venture,

association, social club, fraternal organization, joint stock company, corporation, estate, trust,

business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

In jurisdictions that levy the tax, the tax applies to transients. Present law defines "transient"

to mean any person who exercises occupancy or is entitled to occupancy of any rooms,

lodgings or accommodations in a hotel for a period of less than 30 continuous days. A person

who maintains occupancy for 30 continuous days, is entitled to receive from the hotel

operator a refund or credit for the tax previously collected from or charged to that person, and

the operator is entitled to receive credit for the amount of such tax if previously paid or

reported to the municipality.

For purposes of the hotel occupancy tax, this amendment redefines "person" to mean any

individual or group of individuals that occupies the same room.

This amendment requires the Tennessee advisory commission on intergovernmental relations

(TACIR) to study, using existing resources, the effect of hotel occupancy taxes on the

economy and their effect on tourism and the hospitality industry. The full text of this

amendment details some of the subjects to be considered in the study. TACIR will be

required to submit the study to the local government committee of the house of

representatives and the state and local government committee of the senate by February 15,

2016. - Amends TCA Title 7, Chapter 4, Part 1 and Title 67, Chapter 4, Part 14.

HB 1153 (Gravitt) SB 1173 (Ketron) H= Comp. SB subst.; Passed H., Ayes 91, Nays

0, PNV 0.


Taxes, Real Property - As introduced, extends present use valuation of certain residential property

zoned for commercial use to the unmarried surviving spouse. Senate amendment revises present

law property tax provisions governing hearing officers. Under present law, in the event that it

is determined by the county commission that the number of complaints made to any county

board of equalization is sufficiently numerous to justify such action, the county board may

appoint one or more hearing officers, who must be approved by the county commission, to

conduct preliminary hearings and to make investigations regarding complaints before the

board. This amendment rewrites the above provision to remove the requirement that the

county commission determine that the number of complaints made to any county board of

equalization is sufficiently numerous to justify such action in order to appoint hearing

officers. - Amends TCA Title 67, Chapter 5.

HB 1254 (Sargent) SB 1216 (Johnson) H= SB subst.; Passed H., Ayes 94, Nays 1, PNV

1.



Taxes, Real Property - As introduced, authorizes courts to combine or subdivide properties for tax

sale purposes; clarifies procedure for dealing with excess tax sale proceeds; revises other provisions

concerning tax sales. Senate amendment limits discretion of the court and makes other changes.-

Amends TCA Title 35, Chapter 5; Title 66 and Title 67, Chapter 5.


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HB 1290 (Sexton, J) SB 0770 (Stevens) H= Passed H., as am., Ayes 81, Nays 0, PNV 0.



Taxes, Real Property - As introduced, authorizes reports of sale prepared in connection with sales of

delinquent tax property to be registered; makes related revisions governing the conduct of a sale of

delinquent tax property. House amendment revises various provisions of this bill as follows:

(1) Authorizes the clerk to file some other notice reflecting the results of the tax sale, rather

than only the report of sale specified in the bill.

(2) Changes the timing of the clerk's filing of the report of sale or other notice by permitting

the filing to occur within five days after the conclusion of the sale, so long as it is filed prior

to confirmation of the sale by the court.

(3) Authorizes the report or notice to be in more than one document, instead of the one

permitted by the bill.

(4) Adds that the report or notice is for notice purposes only and may not be used as evidence

of transfer of title.

(5) Adds that a failure to timely record the report or notice will not provide grounds to set the

sale aside.

(6) Adds that the notices authorized by this amendment may be registered with the register of

deeds. - Amends TCA Title 8; Title 66 and Title 67.

HB 1320 (Matlock) SB 1333 (McNally) H= Comp. SB subst.; Passed H., Ayes 95, Nays

0, PNV 0.



Taxes, Exemption and Credits - As introduced, for purposes of the exemption from sales tax for

industrial machinery, exempts certain co-generation equipment used by a manufacturing facility

located in a non-attainment area and that makes a minimum capital investment. Senate amendment changes the expiration date of the exemption from "January 1, 2016" to "December 31,

2016".- Amends TCA Section 67-6-102.

TORT LIABILITY

HB 0094 (McCormick) SB 0105 (Norris) H= Comp. SB subst.; Passed H., Ayes 91, Nays

2, PNV 1.


PNV 1. Transmitted to Governor for Action

Workers Compensation - As introduced, revises various provisions of the Workers’ Compensation

Law. Senate amendment clarifies that utilization review will be performed by accredited

utilization review organizations, not providers accredited by accredited utilization review

organizations.- Amends TCA Title 4, Chapter 29, Part 2; Title 4, Chapter 3, Part 14; Title 8, Chapter

21, Part 4; Title 50, Chapter 6; Title 50, Chapter 9 and Title 50, Chapter 3, Part 7.

HB 0568 (DeBerry) SB 0332 (Norris) H= Comp. SB subst.; .Passed H., Ayes 90, Nays

1, PNV 0.


Local Government, General - As introduced, broadens the definition of a governmental entity under


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the Tennessee Governmental Tort Liability Act to include a nonprofit corporation existing exclusively

to manage, maintain, and support government-owned property on behalf of a governmental entity.

Senate amendment rewrites the bill and broadens the definition of a "governmental entity"

under the Tennessee Governmental Tort Liability Act to include a nonprofit public benefit

corporation or charitable entity that is appointed by statute, ordinance, resolution, contract, or

other governmental directive to develop, maintain, manage, and provide services and

activities at government owned property that is a public park.. - Amends TCA Section 29-20-

102.

TRANSPORTATION

HB 0180 (Matlock) SB 0134 (Tracy) H= SB subst.; Passed H., Ayes 94, Nays 0


Highways, Roads and Bridges - Increases the number of days the owner of a utility facility located in

a right-of-way of a state highway has to respond to a second relocation notice from 10 days to 30

days; increases an owner's filing deadline from 10 days to 30 days. Senate amendment rewrites this

bill and provides for the naming of certain roads and bridges in honor of certain specified

persons, and provides for the placement of other certain signage.- Amends TCA Title 54.

HB 0181 (Matlock) SB 0130 (Tracy) H= Comp. SB subst.; Passed H., as am., Ayes 96,

Nays 1, PNV 0.


Senate concurred in House amendment.

Transmitted to Governor for action

Highways, Roads and Bridges - Senate amendment rewrites this bill. This amendment

authorizes several new special license plates: House amendment authorizes Ohio State

University, new specialty earmarked plate, with proceeds allocated to the Ohio State Alumni

Club of Middle Tennessee. Amends TCA Title 55.

HB 0360 (Faison ) SB 0277 (Bell) H= Comp. became Public Chapter 146


Sunset Laws - As introduced, extends the rail service authorities, June 30, 2017, and requires the

authorities to report back to the committee on the status of pending litigation related to the state’s

short line equity fund. – Senate amendment changes the sunset date to June 30, 2020. Amends TCA Title 4, Chapter 29, Part 2 and Title 7, Chapter 56, Part 2. Effective 4/17/2015.

HB 0686 (Marsh) SB 0817 (Tracy) H= SB subst.; Passed H., Ayes 96, Nays 0



Common Carriers - As introduced, sets maximum weight limits of axles and axle groups for

permitted, nondivisible overweight loads on freight vehicles. Senate amendment rewrites this bill

and adds to present law that for nondivisible overweight loads exceeding the maximum gross

vehicle weight but not exceeding a maximum gross vehicle weight of 150,000 pounds, the

commissioner may issue a special permit in accordance with present law allowing axle

weights in excess of the established axle weight limits as follows:

(1) Truck tractor and semi-trailer or trailer combinations must not exceed 50 feet length from

the point of attachment to the tractor;


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(2) The maximum width of the truck and semi-trailer or trailer combination must not exceed

8 feet 6 inches;

(3) No single axle may carry a load in excess of 23,000 pounds;

(4) No tandem axle group may carry a load in excess of 46,000 pounds; and

(5) No axle group of three axles (tridem) may carry a load in excess of 60,000 pounds.

Under this amendment, for permitted nondivisible loads exceeding a maximum gross vehicle

weight of 150,000 pounds, the maximum axle weight limits established in present law will

apply.

Under present law, the fee for the special permit for excessive weight is $15.00 plus 5 cents

per ton-mile. This amendment increase the fee to $20.00 plus 6 cents per ton-mile. - Amends TCA Title 55, Chapter 7.

HB 0992 (Sexton, C) SB 0907 (Watson) H= Passed H., as am., Ayes 88, Nays 6, PNV 0.


Transportation, Dept. of - As introduced, enacts the "Transportation Network Company Services

Act." House amendment #1 rewrites this bill and establishes requirements for transportation

network companies. A "transportation network company" is a corporation, partnership, sole

proprietorship, or other entity operating in this state that uses a digital network to connect

transportation network company riders to transportation network company drivers who

provide prearranged rides. This amendment specifies that a transportation network company

will not be deemed to control, direct, or manage the personal vehicles or transportation

network company drivers that connect to its digital network, except where agreed to by

written contract. House amendments # 2 and #3 add more detailed requirements for

Transportation Network Companies. - Amends TCA Title 7; Title 54; Title 55; Title 56 and Title

65.

HB 1105 (Hill, T) SB 1005 (Yager) H= Comp. SB became Public Chapter 195


Highways, Roads and Bridges - Enacts the "County Road Relief Act of 2015." Authorizes local

governments to use unexpended funds, allocated under the state-aid highway system, in

certain situations as discussed below.

Present law provides for the state-aid highway system, which consists of designated

highways and roads upon which system funds will be expended. The commissioner of

transportation allocates funds appropriated to the state-aid highway system to the local

government agency, which has authority over the designated roads and highways, for projects

implemented under the system. The local agency must agree to provide at least 25 percent of

the projected cost of a road project implemented under the system from county funds, in-kind

project work, or a combination of funds and project work. The state provides the remaining

75 percent of funds under the state-aid highway system.

This bill authorizes a county to use any unexpended funds, that have accrued in the state

treasury and that are available for the county's use under the state-aid highway system, as part

of the required 25 percent local agency contribution for a road project implemented under the

system, if the county provides at least two percent of the approved project costs from county

funds, in-kind project work approved by the commissioner, or a combination of funds and


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approved project work. The road project for which the funds are used must begin during the

2015-2016 or 2016-2017 fiscal years. The authorization granted by this bill will expire on

July 1, 2017.- Amends TCA Title 54, Chapter 4; Title 54, Chapter 9 and Title 67, Chapter 3, Part 9.


HB 1347 (Weaver) SB 0281 (Massey) H= SB subst.; Passed H., Ayes 95, Nays 1


Governor.

Regional Authorities and Special Districts - As introduced, permits a railroad authority to negotiate

all labor portions of certain rehabilitation contracts, instead of being restricted to negotiating only the

nonbridge labor portion of such contracts. - Amends TCA Section 7-56-211. Effective 4/24/2015.

UTILITIES

HB 0161 (Marsh) SB 0304 (Yager) H= Comp. SB became Public Chapter 207


Utilities, Utility Districts - Allows a privately owned for-profit community public water system to

have access to the drinking water revolving loan fund. - Amends TCA Title 68. Effective 4/20/2015.

HB 0195 (Marsh) SB 0417 (Tracy) H= Comp. became Public Chapter 140


Utilities, Utility Districts - As introduced, defines genuine signatures for purposes of initiating a

customer petition of utility district rates; modifies hearing procedures; makes the comptroller or the

comptroller's designee the chair of the utility management review board; and revises other various

provisions of law governing utility districts. Senate amendment clarifies that the utility

management review board must take into account the reasonableness of the utility district's

"application of its" rules, policies and cost of service, rather than the reasonableness of the

rules themselves, when determining if a complaint was resolved in accordance with the utility

district's rules and regulations. - Amends TCA Title 7, Chapter 82. Effective 4/17/2015.

HB 0256 (Calfee) SB 0418 (Stevens) H= Public Chapter 179


Utilities, Utility Districts - As introduced, alters the method of creating a utility district by requiring

county legislative approval of the order finding that the utility district is economically sound and

desirable. House amendment clarifies that county legislative approval is not needed for

petitions for a merger or consolidation of a utility district. The amendment also adds a

provision allowing for petitions for re-creation of a utility district for the purpose of

redefining its incorporated boundary, which must be filed with the utility management review

board simultaneously with the filing of the petition with the county mayor. Such petitions are

not subject to approval or disapproval by the utility management review board and are not

subject to approval of the county legislative body. Amends TCA Title 7, Chapter 34, Part 1; Title

7, Chapter 82; Title 9, Chapter 21, Part 3 and Title 68, Chapter 221, Part 10. Effective 7/1/2015.


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HB 0747 (Camper) SB 0762 (Tate) H= Comp. SB became Public Chapter 217


Public Records - Expands prohibition of public inspection of consumer-specific energy usage data to

include water usage data. - Amends TCA Title 10, Chapter 7, Part 5. Effective 4/20/2015.

HB 0788 (Sexton, C) SB 0703 (Bailey) H= Comp. SB subst.; Passed H., Ayes 94, Nays 0

S= Passed Senate, Ayes 33, Nays 0.

Utilities, Utility Districts – Adds commissioner to certain multi-county utility district boards. -

Amends TCA Title 7, Chapter 82.

HB 0820 (Poss) SB 0522 (Hengley) H= Public Chapter 248


Utilities, Utility Districts – House amendment rewrites the bill. Present law requires the board

of the water utility district in Lawrence County, within 14 days after the occurrence of any

vacancy in the office of any utility district commissioner caused by death, resignation,

disability, or forfeiture of office, to submit a list of three candidates to fill the position to the

county mayor. This amendment increases the time the board has to submit the list to 60 days.

This amendment requires the Lawrence County water utility district, by January 31 of each

year, to notify the county mayor of the county that created the utility district of the beginning

and ending dates of terms of office for each member of the utility district's board of

commissioners in office on January 1 of each calendar year. - Amends TCA Title 7, Chapter 82.


passed legislative bills for the legis 109th fy 2015-1st

Documents