Farrar & BatesTN Association of Realtors Committee Calendar

Week of March 28th

Monday - 03/28/16 - 1:00pm - LP 12 - Senate Transportation & Safety Committee - Final Calendar

Please note that per suspension of the rules on the Senate Floor, item 13 was added to the calendar. MEMBERS: Chair Sen. J. Tracy (R), Vice Chair Sen. M. Beavers (R), 2nd Vice Chair Sen. F. Niceley (R), Sen. P. Bailey (R), Sen. J. Bowling (R), Sen. S. Kyle (D), Sen. B. Massey (R), Sen. S. Southerland (R), Sen. J. Yarbro (D)6. SB129

J. TracyTransportation General: Publishing future plans for streets and highways on websites. 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. *HB207 - D. Jernigan - 03/24/2016 - Set for House Floor Regular Calendar 03/28/16.Amendment: House Transportation Committee amendment 1 (013211) deletes all language of the original bill. Requires the Department of Revenue to provide a free decal to any disabled driver who applies for and receives a registration license plate in a category identified in Tenn. Code Ann. § 55-4-202(a).Fiscal Note: (Dated January 29, 2015) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Transportation & Safety Committee - Final Calendar 03/28/16.House Status: 03/24/2016 - Set for House Floor Regular Calendar 03/28/16.

Monday - 03/28/16 - 4:00pm - Senate Chamber - Senate Floor Regular Calendar

12.

SB1636F. Haile

Property & Housing: Allocation of newly constructed rental units as affordable housing. 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. *HB1632 - G. Casada - 03/24/2016 - House deferred to 04/07/16.Amendment: Senate State & Local Government Amendment 1 (013446) clarifies that this bill applies to all current and future zoning regulations.Fiscal Note: (Dated February 22, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.House Status: 03/24/2016 - House deferred to 04/07/16.

22.

SB2370B. Watson

Utilities: Recovery of charges for providing water, wastewater or sewer services. 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. *HB2119 - M. Gravitt - 03/24/2016 - Set for House Business & Utilities Committee 03/29/16.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. SENATE ENERGY AGRICULTURE AND NATURAL RESOURCES COMMITTEE AMENDMENT 1 (013749) declares that T.C.A. Title 68, Chapter 221, does not: authorize a water or wastewater authority to recover charges or penalties for the furnishing of water or wastewater service from any person who is not a party to the contract or arrangement for such services with the public entity; or require a landlord or owner of real property to sign a contract or other agreement with the authority in order for a tenant to obtain water or wastewater services. Authorizes a water or wastewater authority to establish a deposit with a person who is party to the contract or agreement based upon the past usage and payment history for the purpose of collecting charges or penalties from such person. States that no water or wastewater treatment authority shall deny water or wastewater services to a tenant for any reason that the authority would not deny such service to any other person or entity.Fiscal Note: (Dated February 7, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.House Status: 03/24/2016 - Set for House Business & Utilities Committee 03/29/16.

23.

SB2534M. Norris

Professions & Licensure: Revises requirements for certain professionals. Revises various provisions regarding cemetery owners and companies, architects, insurers, shops licensed by the board of cosmetology and barber examiners, funeral directors, real estate firms, real estate brokers, affiliate brokers, time-share salespersons, and acquisition agents, as follows: (1) Present law authorizes a cemetery owner to charge an administrative or documentation fee of up to $100 to any noncemetery personnel seeking to install a commodity or to have a commodity installed by the cemetery company. The fee charged has to be the same amount charged to all cemetery customers, including those customers who purchase the commodity from the cemetery company charging the fee. The cemetery owners may not charge any other fees related to any noncemetery personnel seeking to install a commodity, other than the administrative or documentation fee, installation, and memorial care. Revises the above provision to clarify that a cemetery owner may charge an administrative, processing, or documentation fee of up to $100 per agreement or transaction, including, but not limited to, allowing noncemetery personnel to install or have installed a commodity or monument. (2) This bill requires any cemetery company that sells funeral merchandise to maintain a price list for that funeral merchandise, which will be provided to any person who inquires about funeral merchandise or the price of such merchandise. (3) Present law authorizes the commissioner of commerce and insurance to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations, and permits via the Internet. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations, and permits by mail or in person. The fee may not exceed the actual costs incurred in issuing or renewing a license, registration, or permit on the Internet. This bill revises this provision to authorize the commissioner to establish such a convenience fee regardless of the method of issuance or renewal (via Internet or otherwise). (4) Present law authorizes the state board of examiners for architects and engineers to issue a certificate of registration as an architect, engineer, registered interior designer, or landscape architect to any person who holds a like unexpired certificate of qualification or registration issued to the person by any state, territory, or possession of the United States or of any country, if the applicant's qualifications meet the requirements of this state's laws and the rules established by the board. This bill adds authorization for the board to issue a certificate of registration as an architect to any person whose qualifications do not meet the requirements of this state or the rules established by the board if that person: holds a like unexpired certificate of qualification or registration issued to such person by any state, territory, or possession of the United States or by any country; holds an unexpired national certificate issued by the national council of architectural registration boards; and presents proof of the certificates upon application to the board. The issuance of a certificate of registration pursuant to this provision will be at the sole discretion of the board's determination that the applicant has qualifications suitable to be issued a certificate of registration in this state. (5) Under present law, it is unlawful to operate a barber shop or barber styling shop unless it is, at all times, under the direct supervision and management of a master barber. Also, present law requires each cosmetology shop to have a managing cosmetologist who is at least 18 years of age; each manicure shop to have a managing manicurist who is at least 18 years

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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.).*HB2569 - G. McCormick - 03/24/2016 - Set for House Finance Committee 03/29/16.Amendment: Senate Commerce & Labor Committee Amendment 1, House Business & Utilities Committee Amendment 1 (012809) adds language to the original bill that (1) increases the price per square foot by $0.03, from $0.23 to $0.26, that a cemetery owner may charge a lot owner in a cemetery for installation of a commodity; (2) prohibits the installation of the commodity by noncemetery personnel; and (3) states that if the price exceeds $0.26 per square foot, the lot owner may utilize noncemetery personnel for installation of the commodity.Fiscal Note: (Dated February 23, 2016) Increase State Revenue – $200/FY16-17/Board of Architectural and Engineering Examiners $400/FY16-17/General Fund $200/FY17-18/Board of Architectural and Engineering Examiners $800/FY17-18/General

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Fund $300/FY18-19 and Subsequent Years/ Board of Architectural and Engineering Examiners Exceeds $1,200/FY18-19 and Subsequent Years/General Fund HB 2569 - SB 2534Senate Status: 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.House Status: 03/24/2016 - Set for House Finance Committee 03/29/16.

Monday - 03/28/16 - 4:00pm - Senate Chamber - Senate Message Calendar

5. SB2106J. Johnson

Criminal Law: Creates offenses regarding drones and infrastructure facilities. 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. *HB1811 - W. Lamberth - 03/17/2016 - House passed with amendment 1. 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 (012443) includes in the definition of "critical infrastructure facility" a manufacturing facility that utilizes any hazardous substance, rather than only those manufacturing facilities that use combustible chemicals, either in storage or in the process of manufacturing. HOUSE AMENDMENT 1 (012936) adds that a person commits the offense of unlawful capture of an image if the person, without the business operator's written consent, knowingly uses an unmanned aircraft within 250 feet of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance or gathering evidence of the infrastructure. Defines "critical infrastructure facility." Provides that an aircraft is not prohibited from operating in compliance with authorization by the Federal Aviation Administration.Fiscal Note: (Dated January 30, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Message Calendar 03/28/16.House Status: 03/17/2016 - House passed with amendment 1.

Monday - 03/28/16 - 5:00pm - House Chamber - House Floor Consent Calendar

The House will take up the following memorializing resolutions on consent: HR191-HR233, HJR717-HJR748, SJR571-SJR574, SJR576, SJR577, SJR579-SJR584.5. HB1850

D. JerniganEnvironment & Nature: Green infrastructure practices to be used in certain sewer systems. 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.*SB2417 - J. Yarbro - 03/14/2016 - Senate passed.Fiscal Note: (Dated February 26, 2016) Increase Local Revenue – Exceeds

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$5,000/Permissive Decrease Local Expenditures – Net Impact - Exceeds $5,000/PermissiveSenate Status: 03/14/2016 - Senate passed.House Status: 03/24/2016 - Set for House Floor Consent Calendar 03/28/16.

Monday - 03/28/16 - 5:00pm - House Chamber - House Floor Regular Calendar

4. HB1511R. Lollar

Transportation Vehicles: Transmitting or reading texts - moving violation. 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.*SB1589 - E. Jackson - 03/23/2016 - Senate deferred to 03/30/16.Amendment: House Transportation Committee amendment 1, Senate Transportation and Safety Committee amendment 1 (013293) deletes and rewrites the bill such that the only substantive changes are: (1) to specify that the amount of points added to a driver's record for a violation shall equal the number assessed for careless or negligent driving and (2) to require that offenders attend a driver education course. Fiscal Note: (Dated March 4, 2016) NOT SIGNIFICANTSenate Status: 03/23/2016 - Senate deferred to 03/30/16.House Status: 03/24/2016 - Set for House Floor Regular Calendar 03/28/16.

5. HB207D. Jernigan

Transportation General: Publishing future plans for streets and highways on websites. 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. *SB129 - J. Tracy - 03/24/2016 - Set for Senate Transportation & Safety Committee - Final Calendar 03/28/16.Amendment: House Transportation Committee amendment 1 (013211) deletes all language of the original bill. Requires the Department of Revenue to provide a free decal to any disabled driver who applies for and receives a registration license plate in a category identified in Tenn. Code Ann. § 55-4-202(a).Fiscal Note: (Dated January 29, 2015) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Transportation & Safety Committee - Final Calendar 03/28/16.House Status: 03/24/2016 - Set for House Floor Regular Calendar 03/28/16.

18.

HB2339K. Calfee

Professions & Licensure: Requires scrap metal dealers pay a biennial fee of $500 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.*SB2134 - P. Bailey - 03/24/2016 - Senate passed with amendment 1 (011871), which 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. Amendment: Senate amendment 1, House Business & Utilities Committee amendment 1 (011871) deletes all language of the original bill. Requires each location used by a scrap metal dealer to pay to the Department of Commerce and Insurance a biennial fee of $500, accompanying such location's application for licensure or renewal of a license. Requires the proceeds of such fee, after any expenses associated with the collection and processing of such payments, including payments of any administrative costs back to the Regulatory Boards Division, to be transferred to the General Fund. Establishes that the biennial fee will only be imposed until June 30, 2017. Fiscal Note: (Dated February 22, 2016) Increase State Revenue – $71,500/One-TimeSenate Status: 03/24/2016 - Senate passed with amendment 1 (011871), which 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

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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. House Status: 03/24/2016 - Set for House Floor Regular Calendar 03/28/16.

Tuesday - 03/29/16 - 8:30am - LP 12 - Senate Finance, Ways & Means Committee Regular Calendar

Per suspension of the rules on the Senate Floor, item 27 was added to the calendar as an addendum. MEMBERS: Chair Sen. R. McNally (R), Vice Chair Sen. B. Watson (R), 2nd Vice Chair Sen. D. Overbey (R), Sen. S. Dickerson (R), Sen. F. Haile (R), Sen. T. Harper (D), Sen. J. Hensley (R), Sen. B. Ketron (R), Sen. M. Norris (R), Sen. J. Stevens (R), Sen. R. Tate (D)14.

SB1886J. Stevens

Taxes Business: Notification of professional privilege tax owed. 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. *HB1634 - G. Casada - 02/25/2016 - House passed.Fiscal Note: (Dated January 25, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Finance, Ways & Means Committee Regular Calendar 03/29/16.House Status: 02/25/2016 - House passed.

15.

SB2538M. Norris

Taxes Business: Rural Economic Opportunity Act of 2016. 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.*HB2570 - G. McCormick - 03/17/2016 - House passed.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 –

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$135,000/FY17-18/General Fund $270,000/FY18-19/General Fund $405,000/FY19-20/General Fund $540,000/FY20-21/General Fund $675,000/FY21-22/General Fund $810,000/FY22-23 and Subsequent Years/General Fund HB 2570 - SB 2538 Increase State Expenditures – $10,000,000/FY16-17 and Subsequent Years/P.R.E.P. Fund $10,000,000/FY16-17 and Subsequent Years/General Fund Increase Local Revenue – $9,500,000/FY16-17 and Subsequent Years/Permissive Increase Local Expenditures – $9,500,000/FY16-17 and Subsequent Years/Permissive The Governor’s proposed budget for FY16-17, on page B-303, recognizes a one-time state appropriation for the Rural Development Initiative in the amount of $10,000,000. The proposed budget, on page A-40, additionally recognizes a recurring decrease in state revenue to the General Fund in the amount of $800,000. Secondary economic impacts may occur as a result of this bill. Such impacts may be reflected as additional commercial activity in the state’s rural communities and distressed counties as a result of the Rural Development Initiative grants and F&E tax credits for qualified business enterprises, additional jobs created as a result of such grants and credits, and additional investments by local governments and business enterprises as a result of such grants and credits. Due to multiple unknown factors, fiscal impacts di rectly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.Senate Status: 03/24/2016 - Set for Senate Finance, Ways & Means Committee Regular Calendar 03/29/16.House Status: 03/17/2016 - House passed.

Tuesday - 03/29/16 - 9:30am - LP 16 - House Business & Utilities Committee

MEMBERS: Chair Rep. P. Marsh (R), Vice Chair Rep. K. Calfee (R), Rep. M. Daniel (R), Rep. B. Doss (R), Rep. K. Dunlap (D), Rep. B. Gilmore (D), Rep. T. Goins (R), Rep. M. Gravitt (R), Rep. P. Hazlewood (R), Rep. J. Holsclaw, Jr. (R), Rep. H. Love Jr. (D), Rep. G. McCormick (R), Rep. J. Powell (D), Rep. J. Reedy (R), Rep. J. Sexton (R), Rep. M. Sparks (R), Rep. A. Swann (R), Rep. T. Wirgau (R), Rep. J. Zachary (R)1. HB2473

J. MathenyProfessions & Licensure: Hearings regarding violations by scrap metal dealer. 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.*SB2471 - J. Bowling - 03/22/2016 - Senate Commerce & Labor Committee recommended with amendment 1 (014563) and 2 (014882). Sent to Senate Calendar Committee.Senate Status: 03/22/2016 - Senate Commerce & Labor Committee recommended with amendment 1 (014563) and 2 (014882). Sent to Senate Calendar Committee.House Status: 03/24/2016 - Set for House Business & Utilities Committee 03/29/16.

7. HB2119M. Gravitt

Utilities: Recovery of charges for providing water, wastewater or sewer services. 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. *SB2370 - B. Watson - 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.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. SENATE ENERGY AGRICULTURE AND NATURAL RESOURCES COMMITTEE AMENDMENT 1 (013749) declares that T.C.A. Title 68, Chapter 221, does not: authorize a water or wastewater authority to recover charges or penalties for the furnishing of water or wastewater service from any person who is not a party to the contract or arrangement for such services with the public entity; or require a landlord or owner of real property to sign a contract or other agreement with the authority in order for a tenant to obtain water or wastewater services. Authorizes a water or wastewater

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authority to establish a deposit with a person who is party to the contract or agreement based upon the past usage and payment history for the purpose of collecting charges or penalties from such person. States that no water or wastewater treatment authority shall deny water or wastewater services to a tenant for any reason that the authority would not deny such service to any other person or entity.Fiscal Note: (Dated February 7, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.House Status: 03/24/2016 - Set for House Business & Utilities Committee 03/29/16.

Tuesday - 03/29/16 - 10:30am - LP 29 - House State Government Committee - Final Calendar

MEMBERS: Chair Rep. B. Ramsey (R), Vice Chair Rep. M. Littleton (R), Rep. J. Durham (R), Rep. B. Hulsey (R), Rep. D. Jernigan (D), Rep. W. Lamberth (R), Rep. J. Powell (D), Rep. B. Sanderson (R), Rep. J. Shaw (D), Rep. C. Todd (R)19.

HB2201M. Daniel

Professions & Licensure: Right to Earn a Living Act. 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.*SB2469 - M. Green - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Fiscal Note: (Dated February 16, 2016) Increase State Expenditures – Exceeds $100,000 Increase Local Expenditures – Exceeds $100,000*Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House State Government Committee - Final Calendar 03/29/16.

Tuesday - 03/29/16 - 10:30am - LP 12 - Senate State & Local Government Committee

Please note that the committee will meet again on Wednesday at 2:30pm. The committee will hear a presentation on the Extension of Contract for the Management and Operation of South Central Correctional Center by Commissioner Derrick D. Schofield, with the TN Department of Correction. MEMBERS: Chair Sen. K. Yager (R), Vice Chair Sen. S. Dickerson (R), 2nd Vice Chair Sen. R. Briggs (R), Sen. M. Green (R), Sen. T. Harper (D), Sen. E. Jackson (R), Sen. J. Johnson (R), Sen. B. Ketron (R), Sen. M. Norris (R)1. HB779

M. CarterLocal Government: Abolishes deannexation by ordinance. 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

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legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change. *SB749 - B. Watson - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Amendment: SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (004496) deletes and rewrites the bill in its entirety. Authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 2 (005281) deletes and rewrites the bill in its entirety. Authorizes municipalities to propose by resolution annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within a municipality's urban growth boundary and is either used for industrial or commercial purpose or is owned by one or more governmental entities. Requires consent of the property owners. Requires the plan of service to be included in the resolution. Requires an inter-local agreement between the relevant county and the municipality to provide relevant services. HOUSE AMENDMENT 2 (013024) deletes all language after the enacting clause of the original bill. Requires a municipality to submit a map of de-annexed streets or roads to the Commissioner of Finance and Administration within six months of the effective date of this legislation becoming law. Within one year of the submission of such plans, the Commissioner is required to equitably reflect the changes to the municipality's boundaries and to revise and relocate any funding distributed to the municipality or county for improvement or maintenance of streets or roads. A municipality may elect to rescind the de-annexation of the street or road within six months of the effective date of this legislation becoming law. Establishes procedures for county election commissions, in Marshall, Washington, Sullivan, Hamilton, Knox and Shelby counties, to conduct a vote for de-annexation in an election held in accordance with Tenn. Code Ann. § 6-51-202 after 10 percent or more of the registered voters in the municipality have petitioned the county election commission for an election held for such a purpose. Prohibits future de-annexation referendums, if voters fail to approve the measure in the initial referendum. Requires all municipal jurisdictions to cease over the territory de-annexed from the municipality's corporate limits on the date the results of the election are certified other than the responsibility of general obligation debt issued during the annexation period. Authorizes municipalities to continue to levy taxes in the de-annexed territory to pay the de-annexed territory's percentage of tax base it represents at the time of de-annexation. HOUSE AMENDMENT 3 (013373) exempts Johnson City form the bill. HOUSE AMENDMENT 10 (013958) makes a clarification by adding the word "property" directly after the word "municipality's" in Section 5. Fiscal Note: (Dated March 22, 2015) Local Revenue – Net Impact – Not Significant/Permissive Local Expenditures – Net Impact – Not Significant/Permissive Other Fiscal Impact – Permissive shifts in revenue and expenditures from one local government entity to another. The extent of any such shifts cannot be determined and are dependent upon the unknown, permissive, and future actions of cities and counties.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/14/2016 - House passed with amendments 2, 3 and 10.

12.

SB1465M. Green

Taxes Property: Property tax reimbursement for disabled veteran home owners. 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. *HB1515 - J. Pitts - 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.Fiscal Note: (Dated January 22, 2016) Increase State Expenditures – Exceeds $3,665,400Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

14.

SB1484M. Green

Taxes Property: Repeals the "Save the Tax Relief Act." 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

9

those who have not received a tax reimbursement prior to tax year 2015.*HB1410 - J. Pitts - 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.Fiscal Note: (Dated February 11, 2016) Increase State Expenditures - $6,286,000Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

17.

SB1648D. Overbey

Taxes Property: Property tax relief - disabled veteran's residence. 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. *HB1643 - J. Forgety - 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.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: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

20.

SB1678D. Overbey

Taxes Business: Requirements for hotel tax. 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. *HB1695 - D. Carr - 03/23/2016 - Taken off notice in House Local Government Subcommittee.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/23/2016 - Taken off notice in House Local Government Subcommittee.

23.

SB1783J. Stevens

Taxes General: Historic Rehabilitation Tax Credit Act. 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

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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.*HB1792 - J. Lundberg - 01/21/2016 - Referred to House State Government Subcommittee.Fiscal Note: (Dated February 29, 2016) Decrease State Revenue – $370,800/FY17-18 $370,800/FY18-19 $370,800/FY19-20 Other Fiscal Impact – Secondary economic impacts may occur as a result of this bill. Such impacts may be reflected as additional private capital investment leveraged by the proposed state tax credits, additional jobs created as a result of rehabilitation efforts that would be undertaken as a direct result of this bill, additional commercial activity at the restored historical property, and increased property values at and around the restored property. However, due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty. HB 1792 - SB 1783Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 01/21/2016 - Referred to House State Government Subcommittee.

25.

SB1796R. McNally

Taxes Property: Disabled veterans - calculation of property tax relief. Revises the property tax relief system available to disabled veteran homeowners. Under present law, disabled veteran taxpayers may apply for tax relief from the state in the form of payment or reimbursement for all or part of the local property taxes paid for a given year on that property the taxpayer used as the taxpayer's residence. Present law requires the state to pay or reimburse the first $100,000 of the full market value to disabled veterans whose annual income does not exceed $60,000 and requires disabled veterans seeking relief to submit proof and documentation of the taxpayer's annual income. Prior to 2015 legislation, the reimbursement amount was on the first $175,000, instead of the first $100,000, and there was not an income limitation. This bill will remove the annual income limit for property tax relief for disabled veterans, and revises other provisions regarding such relief. Under this bill, the reimbursement will be paid on the first $100,000 of the full market value of the property. For tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. In determining the amount of relief to a taxpayer, the effective assessed value on the first $100,000 of full market value, or other property value limit determined pursuant to this bill, will be multiplied by a tax rate that has been adjusted to reflect the relationship between appraised value and market value in that jurisdiction, as determined by the state board of equalization. Under this bill, for tax year 2016 and subsequent tax years, the effective assessed value will be determined by multiplying the full market value of the property up to $100,000, or other property value limit determined pursuant to this bill, by an appropriate percentage in proportion to the applicant's income according to the following sliding scale: (A) Total income less than $60,000, 25 percent; (B) Total income $60,000 or more but less than $70,000, 20 percent; (C) Total income $70,000 or more but less than $80,000, 15 percent; (D) Total income $80,000 or more but less than $90,000, 10 percent; and (E) Total income $90,000 or more, 5 percent. The above sliding scale provisions will not apply to taxpayers who have not received a reimbursement for tax year 2014, who received a reimbursement for tax year 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption; or to taxpayers who have received a reimbursement for tax years 2014 and 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption. Under present law, the reimbursement for property tax for low-income, elderly homeowners and for disabled homeowners is paid on the first $23,000, or such other amount set in the general appropriations act, of the full market value of the property. This bill revises this provision to add that for tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. *HB2156 - J. Ragan - 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

27.

SB1817E. Jackson

Local Government: Noncontiguous annexation by resolution. 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

11

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.*HB2307 - J. Eldridge - 03/24/2016 - Set for House Local Government Committee 03/29/16.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Committee 03/29/16.

30.

SB1884R. Tate

Judiciary: Complaints filed with the TN human rights commission. 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. *HB2335 - J. Shaw - 03/21/2016 - House passed.Fiscal Note: (Dated February 10, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/21/2016 - House passed.

33.

SB1939K. Yager

Taxes Property: Applying for a refund - delinquent taxes. 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. *HB2182 - T. Hill - 03/23/2016 - Taken off notice in House Local Government Subcommittee.Fiscal Note: (Dated March 4, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/23/2016 - Taken off notice in House Local Government Subcommittee.

40.

SB2132P. Bailey

Taxes Property: Property tax relief for disabled veterans - annual income limits. 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. *HB2162 - J. Windle - 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.Fiscal Note: (Dated March 8, 2016) Increase State Expenditures – $4,793,800Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

47.

SB2375M. Bell

Property & Housing: Zoning consideration of temporary family healthcare structures. Requires that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are: (1) For use by a caregiver in providing care for a mentally or physically impaired person; and (2) On property owned or occupied by the caregiver as their residence. Provides that temporary family healthcare structures will not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this bill. Requires any person proposing to install a temporary family healthcare structure to first obtain a permit from the local governing body, for which the local government may charge a fee of up to $100. The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this bill. The local government may require that the applicant provide evidence of compliance with this bill on an annual basis as long as the temporary family healthcare structure remains on the property. A temporary family healthcare structure installed pursuant to this bill may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the department of health. No signage advertising or otherwise promoting the existence of the structure will be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property. Any temporary family healthcare structure installed pursuant to this bill must be 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

12

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.*HB2040 - A. Farmer - 03/24/2016 - Set for House Health Committee 03/30/16.Amendment: House Health Subcommittee amendment 1 (013949) rewrites the definition of "temporary family healthcare structure." Adds language to the printed bill to require TennCare to seek guidance on such structures from CMS.Fiscal Note: (Dated February 29, 2016) Increase Local Revenue – Exceeds $1,500/PermissiveSenate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Health Committee 03/30/16.

50.

SB2428R. Crowe

Local Government: Annexation by resolution. 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. *HB2242 - J. VanHuss - 03/23/2016 - Taken off notice in House Local Government Subcommittee.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/23/2016 - Taken off notice in House Local Government Subcommittee.

51.

SB2469M. Green

Professions & Licensure: Right to Earn a Living Act. 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.*HB2201 - M. Daniel - 03/24/2016 - Set for House State Government Committee - Final Calendar 03/29/16.Fiscal Note: (Dated February 16, 2016) Increase State Expenditures – Exceeds $100,000 Increase Local Expenditures – Exceeds $100,000*Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House State Government Committee - Final Calendar 03/29/16.

58.

SB2604M. Norris

Taxes Property: County mayor to sell land held because of delinquent taxes. 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.*HB1826 - M. White - 03/07/2016 - House passed.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

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in revenue, it is reasonably estimated to increase permissive local revenue by $500 per property.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/07/2016 - House passed.

Tuesday - 03/29/16 - 1:00pm - LP 16 - House Finance Committee

MEMBERS: Chair Rep. C. Sargent (R), Vice Chair Rep. D. Alexander (R), Rep. J. Armstrong (D), Rep. K. Brooks (R), Rep. K. Camper (D), Rep. M. Carter (R), Rep. B. Cooper (D), Rep. B. Dunn (R), Rep. C. Fitzhugh (D), Rep. B. Gilmore (D), Rep. D. Hawk (R), Rep. P. Hazlewood (R), Rep. G. Hicks (R), Rep. M. Hill (R), Rep. C. Johnson (R), Rep. S. Lynn (R), Rep. G. McCormick (R), Rep. S. McDaniel (R), Rep. S. McManus (R), Rep. L. Miller (D), Rep. B. Mitchell (D), Rep. C. Todd (R)3. HB2569

G. McCormickProfessions & Licensure: Revises requirements for certain professionals. Revises various provisions regarding cemetery owners and companies, architects, insurers, shops licensed by the board of cosmetology and barber examiners, funeral directors, real estate firms, real estate brokers, affiliate brokers, time-share salespersons, and acquisition agents, as follows: (1) Present law authorizes a cemetery owner to charge an administrative or documentation fee of up to $100 to any noncemetery personnel seeking to install a commodity or to have a commodity installed by the cemetery company. The fee charged has to be the same amount charged to all cemetery customers, including those customers who purchase the commodity from the cemetery company charging the fee. The cemetery owners may not charge any other fees related to any noncemetery personnel seeking to install a commodity, other than the administrative or documentation fee, installation, and memorial care. Revises the above provision to clarify that a cemetery owner may charge an administrative, processing, or documentation fee of up to $100 per agreement or transaction, including, but not limited to, allowing noncemetery personnel to install or have installed a commodity or monument. (2) This bill requires any cemetery company that sells funeral merchandise to maintain a price list for that funeral merchandise, which will be provided to any person who inquires about funeral merchandise or the price of such merchandise. (3) Present law authorizes the commissioner of commerce and insurance to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations, and permits via the Internet. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations, and permits by mail or in person. The fee may not exceed the actual costs incurred in issuing or renewing a license, registration, or permit on the Internet. This bill revises this provision to authorize the commissioner to establish such a convenience fee regardless of the method of issuance or renewal (via Internet or otherwise). (4) Present law authorizes the state board of examiners for architects and engineers to issue a certificate of registration as an architect, engineer, registered interior designer, or landscape architect to any person who holds a like unexpired certificate of qualification or registration issued to the person by any state, territory, or possession of the United States or of any country, if the applicant's qualifications meet the requirements of this state's laws and the rules established by the board. This bill adds authorization for the board to issue a certificate of registration as an architect to any person whose qualifications do not meet the requirements of this state or the rules established by the board if that person: holds a like unexpired certificate of qualification or registration issued to such person by any state, territory, or possession of the United States or by any country; holds an unexpired national certificate issued by the national council of architectural registration boards; and presents proof of the certificates upon application to the board. The issuance of a certificate of registration pursuant to this provision will be at the sole discretion of the board's determination that the applicant has qualifications suitable to be issued a certificate of registration in this state. (5) Under present law, it is unlawful to operate a barber shop or barber styling shop unless it is, at all times, under the direct supervision and management of a master barber. Also, present law requires each cosmetology shop to have a managing cosmetologist who is at least 18 years of age; each manicure shop to have a managing manicurist who is at least 18 years of age; and each skin care shop to have a managing aesthetician who is at least 18 years of age. This

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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.).*SB2534 - M. Norris - 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.Amendment: Senate Commerce & Labor Committee Amendment 1, House Business & Utilities Committee Amendment 1 (012809) adds language to the original bill that (1) increases the price per square foot by $0.03, from $0.23 to $0.26, that a cemetery owner may charge a lot owner in a cemetery for installation of a commodity; (2) prohibits the installation of the commodity by noncemetery personnel; and (3) states that if the price exceeds $0.26 per square foot, the lot owner may utilize noncemetery personnel for installation of the commodity.Fiscal Note: (Dated February 23, 2016) Increase State Revenue – $200/FY16-17/Board of Architectural and Engineering Examiners $400/FY16-17/General Fund $200/FY17-18/Board of Architectural and Engineering Examiners $800/FY17-18/General Fund $300/FY18-19 and Subsequent Years/ Board of Architectural and Engineering Examiners Exceeds $1,200/FY18-19 and Subsequent Years/General Fund HB 2569 - SB 2534

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Senate Status: 03/24/2016 - Set for Senate Floor Regular Calendar 03/28/16.House Status: 03/24/2016 - Set for House Finance Committee 03/29/16.

Tuesday - 03/29/16 - 2:30pm - LP 12 - Senate Judiciary Committee - Final Calendar

Please note that the committee will meet again on Wednesday at 12:30pm to complete its calendar. MEMBERS: Chair Sen. B. Kelsey (R), Vice Chair Sen. D. Overbey (R), 2nd Vice Chair Sen. J. Bowling (R), Sen. M. Bell (R), Sen. T. Gardenhire (R), Sen. L. Harris (D), Sen. S. Kyle (D), Sen. K. Roberts (R), Sen. J. Stevens (R)25.

SB1200J. Yarbro

Judiciary: No temporary injunction if owner is not person creating the nuisance. 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. *HB255 - J. Shaw - 03/16/2015 - House passed.Fiscal Note: (Dated February 21, 2015) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/16/2015 - House passed.

33.

SB1692M. Bell

Judiciary: Judgment of partition - appointment of commissioners. 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.*HB1527 - J. Matlock - 03/24/2016 - House passed with amendment 1. House Amendment 1 (013526) provides that three commissioners are to be selected, in a suit for partition of property, by the parties if they can agree, or otherwise by the judge. Requires the commissioners to make recommendations to partition the asset appropriately among the ownership interests of the parties, if it can be done so fairly. Provides that if the commissioners cannot agree on a fair partition, the property is to be sold at auction and the proceeds are to be divided proportionally among all parties.Amendment: House Amendment 1 (013526) provides that three commissioners are to be selected, in a suit for partition of property, by the parties if they can agree, or otherwise by the judge. Requires the commissioners to make recommendations to partition the asset appropriately among the ownership interests of the parties, if it can be done so fairly. Provides that if the commissioners cannot agree on a fair partition, the property is to be sold at auction and the proceeds are to be divided proportionally among all parties.Fiscal Note: (Dated February 1, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/24/2016 - House passed with amendment 1. House Amendment 1 (013526) provides that three commissioners are to be selected, in a suit for partition of property, by the parties if they can agree, or otherwise by the judge. Requires the commissioners to make recommendations to partition the asset appropriately among the ownership interests of the parties, if it can be done so fairly. Provides that if the commissioners cannot agree on a fair partition, the property is to be sold at auction and the proceeds are to be divided proportionally among all parties.

34.

SB2397D. Overbey

Property & Housing: Foreclosure on lien against condo unit owner. 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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*HB2401 - R. Travis - 03/23/2016 - House Business & Utilities Committee recommended with amendment 1 (014578) and amendment 2 (014953). Sent to House Calendar & Rules.Fiscal Note: (Dated March 7, 2016) NOT SIGNIFICANTSenate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/23/2016 - House Business & Utilities Committee recommended with amendment 1 (014578) and amendment 2 (014953). Sent to House Calendar & Rules.

41.

SJR462T. Gardenhire

Taxes Property: Constitutional amendment -prohibits state property tax. Proposes an amendment to Article II, Section 28, of the Constitution of Tennessee to prohibit the legislature from imposing a state property tax on real property. Senate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: None

45.

SB1675S. Kyle

Criminal Law: Requires GPS monitoring for domestic violence offenders. 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.*HB1428 - G. Hardaway - 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.Fiscal Note: (Dated January 26, 2016) Increase Local Expenditures – Exceeds $4,715,300*Senate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.

48.

SB2277S. Kyle

Criminal Law: Creates a domestic violence offender registry. 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.*HB2089 - G. Hardaway - 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.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: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.

Tuesday - 03/29/16 - 3:00pm - LP 31 - House Civil Justice Committee

Please note that per suspension of the rules on the House Floor, item 15 was added to the calendar as an addendum. MEMBERS: Chair Rep. J. Lundberg (R), Vice Chair Rep. M. Carter (R), Rep. B. Beck (D), Rep. J. Coley (R), Rep. M. Daniel (R), Rep. J. Forgety (R), Rep. J. Jenkins (R), Rep. S. Jones (D), Rep. C. Rogers (R)3. HB2033

J. FaisonCriminal Law: Posting of land to prevent possession of firearms. 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

17

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. *SB1736 - D. Gresham - 03/16/2016 - Senate passed with amendment 1.Amendment: Senate Amendment 1, House Civil Justice Subcommittee Amendment 1 (013338) creates immunity from civil liability for a person, business, or other entity that owns, controls, or manages property, and has the authority to prohibit weapons on such property by posting signage, with respect to any claim based on the person's, business's or other entity's failure to adopt a policy prohibiting weapons on the property. Specifies that the immunity granted under this legislation does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.Fiscal Note: (Dated February 8, 2016) Increase State Expenditures - $88,600/One-Time Increase Local Expenditures - Exceeds $44,300/One-Time/Permissive Other Fiscal Impact – To the extent a civil cause of action is brought against the state or a local government entity, there may be additional increases in state or local expenditures to litigate any such action.Senate Status: 03/16/2016 - Senate passed with amendment 1.House Status: 03/24/2016 - Set for House Civil Justice Committee 03/29/16.

Tuesday - 03/29/16 - 3:00pm - LP 16 - House Local Government Committee

MEMBERS: Chair Rep. T. Wirgau (R), Vice Chair Rep. M. Sparks (R), Rep. D. Carr (R), Rep. J. Eldridge (R), Rep. M. Gravitt (R), Rep. A. Holt (R), Rep. D. Howell (R), Rep. L. Miller (D), Rep. A. Parkinson (D), Rep. C. Sexton (R), Rep. D. Shepard (D), Rep. B. Spivey (R), Rep. J. VanHuss (R)4. HB1892

C. HalfordUtilities: Permits under the Water Quality Control Act. Requires that general permits issued under the Water Quality Control Act be no more restrictive than federal requirements for management storm water post construction. Specifies that any general permit that requires the management of post construction storm water shall allow the local entity administering a municipal separate storm sewer system to exercise the maximum permissible discretion in selecting appropriate measures to meet any such requirement. Requires that provisions of certain general permits be promulgated in rule form prior to implementation. *SB1830 - S. Southerland - 03/23/2016 - Senate passed with amendment 1 (013431), which deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. Requires the local government entity to provide in writing the control measures that exceed federal minimum requirements at least 30 days in advance of a vote to the local legislative body to provide for a public comment period. Amendment: House Agriculture & Natural Resources Committee amendment 1 (013239) deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a

18

municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. SENATE AMENDMENT 1 (013431) deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. Requires the local government entity to provide in writing the control measures that exceed federal minimum requirements at least 30 days in advance of a vote to the local legislative body to provide for a public comment period. HOUSE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 1 (014749) deletes and replaces language of the bill as amended by amendment 013239 to establish that when a local government entity seeks coverage under any future version of the NPDES permit after January 1, 2017, rather than after the effective date of this act (upon becoming a law), any ordinance or resolution must be consistent with this Act.Fiscal Note: (Dated February 5, 2016) NOT SIGNIFICANTSenate Status: 03/23/2016 - Senate passed with amendment 1 (013431), which deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. Requires the local government entity to provide in writing the control measures that exceed federal minimum requirements at least 30 days in advance of a vote to the local legislative body to provide for a public comment period. House Status: 03/24/2016 - Set for House Local Government Committee 03/29/16.

7. HB2343K. Calfee

Local Government: Chancellor to set aside a county's bid on delinquent property. 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

19

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. *SB1949 - K. Yager - 03/07/2016 - Senate deferred to the next to last calendar.Amendment: Senate State & Local Government Committee amendment 1 (011861) deletes and rewrites the bill such that the only substantive change is to add language that prohibits counties from considering any dues and assessments established through covenants and restrictions as part of the financial risk in the evaluation of property offered for sale at a delinquent tax auction. HOUSE LOCAL GOVERNMENT SUBCOMMITTEE AMENDMENT 1 (012612), which deletes and rewrites the bill such that the only substantive change is to allow county legislative bodies presenting petitions for relief of properties purchased at delinquent tax sales to present proof of financial or environmental risks of such property to the chancellor. .Fiscal Note: (Dated February 7, 2016) Local Expenditures – Cost Avoidance – Exceeds $5,000/Per Property/PermissiveSenate Status: 03/07/2016 - Senate deferred to the next to last calendar.House Status: 03/24/2016 - Set for House Local Government Committee 03/29/16.

18.

HB2307J. Eldridge

Local Government: Noncontiguous annexation by resolution. 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.*SB1817 - E. Jackson - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Committee 03/29/16.

Wednesday - 03/30/16 - 11:00am - LP 29 - House Finance Subcommittee

Per suspension of the rules on the House Floor, items 53-55 were added to the calendar. MEMBERS: Chair Rep. C. Johnson (R), Rep. D. Alexander (R), Rep. K. Brooks (R), Rep. K. Camper (D), Rep. C. Fitzhugh (D), Rep. D. Hawk (R), Rep. G. McCormick (R), Rep. S. McDaniel (R), Rep. C. Sargent (R), Rep. C. Todd (R)1. HB1650

M. CarterTransportation General: Gas tax revenues to not be used for non-vehicular purposes. 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.*SB1716 - T. Gardenhire - 03/22/2016 - Senate Finance, Ways & Means Committee deferred to the final calendar after adopting amendment 1 and withdrawing the previous amendment. Amendment 1 (013220) deletes all language except for the effective date clause. Prohibits gasoline tax revenue distributed to the Highway Fund, counties, and cities from being used for the construction, improvement, or maintenance of pedestrian and bicycle trails and paths, parks, greenways, and similar facilities open to the use of the public for non-vehicular travel, and for public roads with a posted speed limit greater than 35 miles per hour. Such prohibition does not apply to the construction, improvement, or maintenance of sidewalks. For new or reconstructed roads with a proposed posted speed limit of 35 miles per hour or less, prohibits such revenue from being used for the construction of a new dedicated bicycle lane unless the work is part of the larger highway improvement project and the bicycle lane serves a transportation purpose supported by an engineering analysis. Establishes that this bill as amended does not prohibit the state, a county, or a city from receiving or using federal funds for the construction, improvement,

20

maintenance, or operation of nonvehicular facilities, or from using gasoline tax revenue to match any federal-aid funding for such facilities. Further establishes that this bill as amended does not prohibit such entities from using gasoline tax revenue to maintain existing bicycle lanes or to accommodate bicycles in existing bike lanes or on shoulders or via shared lanes, and it does not prohibit the Department of Environment and Conservation from using funds that may be derived through grants from the Department of Transportation or federal programs for recreational trails in state parks. Amendment: Senate Finance, Ways & Means Committee Amendment 1, House Transportation Committee Amendment 1 (013220) deletes all language except for the effective date clause. Prohibits gasoline tax revenue distributed to the Highway Fund, counties, and cities from being used for the construction, improvement, or maintenance of pedestrian and bicycle trails and paths, parks, greenways, and similar facilities open to the use of the public for non-vehicular travel, and for public roads with a posted speed limit greater than 35 miles per hour. Such prohibition does not apply to the construction, improvement, or maintenance of sidewalks. For new or reconstructed roads with a proposed posted speed limit of 35 miles per hour or less, prohibits such revenue from being used for the construction of a new dedicated bicycle lane unless the work is part of the larger highway improvement project and the bicycle lane serves a transportation purpose supported by an engineering analysis. Establishes that this bill as amended does not prohibit the state, a county, or a city from receiving or using federal funds for the construction, improvement, maintenance, or operation of nonvehicular facilities, or from using gasoline tax revenue to match any federal-aid funding for such facilities. Further establishes that this bill as amended does not prohibit such entities from using gasoline tax revenue to maintain existing bicycle lanes or to accommodate bicycles in existing bike lanes or on shoulders or via shared lanes, and it does not prohibit the Department of Environment and Conservation from using funds that may be derived through grants from the Department of Transportation or federal programs for recreational trails in state parks. 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: 03/22/2016 - Senate Finance, Ways & Means Committee deferred to the final calendar after adopting amendment 1 and withdrawing the previous amendment. Amendment 1 (013220) deletes all language except for the effective date clause. Prohibits gasoline tax revenue distributed to the Highway Fund, counties, and cities from being used for the construction, improvement, or maintenance of pedestrian and bicycle trails and paths, parks, greenways, and similar facilities open to the use of the public for non-vehicular travel, and for public roads with a posted speed limit greater than 35 miles per hour. Such prohibition does not apply to the construction, improvement, or maintenance of sidewalks. For new or reconstructed roads with a proposed posted speed limit of 35 miles per hour or less, prohibits such revenue from being used for the construction of a new dedicated bicycle lane unless the work is part of the larger highway improvement project and the bicycle lane serves a transportation purpose supported by an engineering analysis. Establishes that this bill as amended does not prohibit the state, a county, or a city from receiving or using federal funds for the construction, improvement, maintenance, or operation of nonvehicular facilities, or from using gasoline tax revenue to match any federal-aid funding for such facilities. Further establishes that this bill as amended does not prohibit such entities from using gasoline tax revenue to maintain existing bicycle lanes or to accommodate bicycles in existing bike lanes or on shoulders or via shared lanes, and it does not prohibit the Department of Environment and Conservation from using funds that may be derived through grants from the Department of Transportation or federal programs for recreational trails in state parks. House Status: 03/24/2016 - Set for House Finance Subcommittee 03/30/16.

20.

HB2484R. Akbari

Taxes Property: Tennessee Brownfield Redevelopment Tax Credit Act of 2016. 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

21

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.*SB2177 - R. Tate - 03/22/2016 - Senate Finance Revenue Subcommittee recommended with amendment 1 (013671). Sent to Senate Finance, Ways & Means Committee.Amendment: House Agriculture & Natural Resources Committee Amendment 1 (013671) adds language to the original bill that limits the F&E tax credits authorized under this Act to two qualified businesses per county, located on brownfield sites in counties with a population of more than 300,000. Establishes that such credits are subject to approval by the respective county legislative body and the Commissioner of the Department of Economic and Community Development.Fiscal Note: (Dated February 7, 2016) Decrease State Revenue – Exceeds $3,195,000/FY17-18 and Subsequent YearsSenate Status: 03/22/2016 - Senate Finance Revenue Subcommittee recommended with amendment 1 (013671). Sent to Senate Finance, Ways & Means Committee.House Status: 03/24/2016 - Set for House Finance Subcommittee 03/30/16.

31.

HB1689M. Gravitt

Taxes Property: Formula for calculating hearing costs in property tax appeals. Under present law, the state board of equalization has jurisdiction over the valuation, classification, and assessment of all properties in the state. One of the duties of the board is to receive, hear, consider, and act upon complaints and appeals made to the board. The board assesses the cost of hearing or processing an appeal against any non-prevailing, non-indigent appellant. Under present law: (1) The assessment must not exceed $7.00 per parcel for processing an appeal or $120 for hearing costs; (2) The assessment must be proportionate to the value of the property at issue; and (3) If the totaled assessment is 1/2 or more of the appellant's claim, the board issues a total refund. Otherwise, the refund of the hearing costs is proportionate to the relief granted. Revises (3) above to require that the refund of hearing costs be 1/2 of the appellant's claim, if the ordered reduction totals less than 1/2 of the appellant's claim. Present law also authorizes the board to create an assessment appeals commission and to delegate to the commission the jurisdiction to hear and act upon all complaints and appeals regarding the assessment, classification, and value of property for purposes of taxation. Actions taken by the commission are final unless the board issues an order requiring review of the commission's action, in which case the action will not become final until the board has rendered its final decision in the matter. If the board chooses not to review a matter, the commission is required to issue a certificate of assessment showing the description of the property and the assessment as determined by the commission. The certificate of assessment is subject to judicial review in the same manner as final actions of the board. Revises the above provisions to require the assessment appeals commission to issue the following, if the state board does not review the matter: (1) A notice, including notice by electronic 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. *SB1646 - P. Bailey - 03/14/2016 - Senate passed.Fiscal Note: (Dated February 9, 2016) Decrease State Revenue - $400/State Board of Equalization Decrease State Expenditures - $100/State Board of EqualizationSenate Status: 03/14/2016 - Senate passed.House Status: 03/24/2016 - Set for House Finance Subcommittee 03/30/16.

51.

HB1921C. Sargent

Taxes Property: Purchase of land in a tax lien sale. 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. *SB2105 - J. Johnson - 03/22/2016 - Senate Commerce & Labor Committee recommended with amendment 1 (011590) and amendment 2. Sent to Senate Calendar Committee.Amendment: House Business & Utilities Committee Amendment 1 (011590) rewrites the bill. Provides that a person who receives title to a parcel purchased in a tax lien sale is vested with title unless a judicial action is brought within 3 years of recording of the tax

22

deed or order confirming the sale. Provides that the court in a delinquent property tax collection suit shall have broad discretion to determine the manner in which a parcel is sold, and sets out the factors the court shall consider in making that determination. Provides that if a taxing entity purchases a parcel in a tax lien sale, then, the entity must pay all amounts owed within 60 days unless the legislative body of the taxing entity establishes a different date not to exceed 5 years after the order or conveyance. Makes changes to certain notice requirements. HOUSE BUSINESS & UTILITIES COMMITTEE AMENDMENT 1 (014730) removes the two provisions that made certain sections of the amended bill retroactive. Fiscal Note: (Dated March 6, 2016) NOT SIGNIFICANTSenate Status: 03/22/2016 - Senate Commerce & Labor Committee recommended with amendment 1 (011590) and amendment 2. Sent to Senate Calendar Committee.House Status: 03/24/2016 - Set for House Finance Subcommittee 03/30/16.

Wednesday - 03/30/16 - 11:00am - LP 16 - House Health Committee

MEMBERS: Chair Rep. C. Sexton (R), Vice Chair Rep. B. Doss (R), Rep. J. Armstrong (D), Rep. J. Clemmons (D), Rep. J. Deberry Jr. (D), Rep. J. Faison (R), Rep. J. Favors (D), Rep. G. Hicks (R), Rep. M. Hill (R), Rep. J. Holsclaw, Jr. (R), Rep. D. Jernigan (D), Rep. S. Jones (D), Rep. S. Kumar (R), Rep. M. Littleton (R), Rep. J. Matheny (R), Rep. B. Ramsey (R), Rep. B. Terry (R), Rep. R. Williams (R)12.

HB2040A. Farmer

Property & Housing: Zoning consideration of temporary family healthcare structures. Requires that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are: (1) For use by a caregiver in providing care for a mentally or physically impaired person; and (2) On property owned or occupied by the caregiver as their residence. Provides that temporary family healthcare structures will not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this bill. Requires any person proposing to install a temporary family healthcare structure to first obtain a permit from the local governing body, for which the local government may charge a fee of up to $100. The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this bill. The local government may require that the applicant provide evidence of compliance with this bill on an annual basis as long as the temporary family healthcare structure remains on the property. A temporary family healthcare structure installed pursuant to this bill may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the department of health. No signage advertising or otherwise promoting the existence of the structure will be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property. Any temporary family healthcare structure installed pursuant to this bill must be 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.*SB2375 - M. Bell - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Amendment: House Health Subcommittee amendment 1 (013949) rewrites the definition of "temporary family healthcare structure." Adds language to the printed bill to require TennCare to seek guidance on such structures from CMS.Fiscal Note: (Dated February 29, 2016) Increase Local Revenue – Exceeds $1,500/PermissiveSenate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Health Committee 03/30/16.

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Wednesday - 03/30/16 - 1:00pm - LP 31 - House Criminal Justice Committee - Final Calendar

MEMBERS: Chair Rep. W. Lamberth (R), Vice Chair Rep. J. VanHuss (R), Rep. R. Akbari (D), Rep. S. Butt (R), Rep. A. Farmer (R), Rep. T. Goins (R), Rep. A. Parkinson (D), Rep. M. Stewart (D), Rep. T. Weaver (R)16.

HB1428G. Hardaway

Criminal Law: Requires GPS monitoring for domestic violence offenders. 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.*SB1675 - S. Kyle - 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.Fiscal Note: (Dated January 26, 2016) Increase Local Expenditures – Exceeds $4,715,300*Senate Status: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.

17.

HB2089G. Hardaway

Criminal Law: Creates a domestic violence offender registry. 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.*SB2277 - S. Kyle - 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.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: 03/24/2016 - Set for Senate Judiciary Committee - Final Calendar 03/29/16.House Status: 03/24/2016 - Set for House Criminal Justice Committee - Final Calendar 03/30/16.

Wednesday - 03/30/16 - 1:00pm - LP 30 - House Local Government Subcommittee

MEMBERS: Chair Rep. D. Carr (R), Rep. D. Howell (R), Rep. L. Miller (D), Rep. A. Parkinson (D), Rep. M. Sparks (R), Rep. T. Wirgau (R)1. HB1643

J. ForgetyTaxes Property: Property tax relief - disabled veteran's residence. 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. *SB1648 - D. Overbey - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.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: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

3. HB2156J. Ragan

Taxes Property: Disabled veterans - calculation of property tax relief. Revises the property tax relief system available to disabled veteran homeowners. Under present law,

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disabled veteran taxpayers may apply for tax relief from the state in the form of payment or reimbursement for all or part of the local property taxes paid for a given year on that property the taxpayer used as the taxpayer's residence. Present law requires the state to pay or reimburse the first $100,000 of the full market value to disabled veterans whose annual income does not exceed $60,000 and requires disabled veterans seeking relief to submit proof and documentation of the taxpayer's annual income. Prior to 2015 legislation, the reimbursement amount was on the first $175,000, instead of the first $100,000, and there was not an income limitation. This bill will remove the annual income limit for property tax relief for disabled veterans, and revises other provisions regarding such relief. Under this bill, the reimbursement will be paid on the first $100,000 of the full market value of the property. For tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. In determining the amount of relief to a taxpayer, the effective assessed value on the first $100,000 of full market value, or other property value limit determined pursuant to this bill, will be multiplied by a tax rate that has been adjusted to reflect the relationship between appraised value and market value in that jurisdiction, as determined by the state board of equalization. Under this bill, for tax year 2016 and subsequent tax years, the effective assessed value will be determined by multiplying the full market value of the property up to $100,000, or other property value limit determined pursuant to this bill, by an appropriate percentage in proportion to the applicant's income according to the following sliding scale: (A) Total income less than $60,000, 25 percent; (B) Total income $60,000 or more but less than $70,000, 20 percent; (C) Total income $70,000 or more but less than $80,000, 15 percent; (D) Total income $80,000 or more but less than $90,000, 10 percent; and (E) Total income $90,000 or more, 5 percent. The above sliding scale provisions will not apply to taxpayers who have not received a reimbursement for tax year 2014, who received a reimbursement for tax year 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption; or to taxpayers who have received a reimbursement for tax years 2014 and 2015, and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years without interruption. Under present law, the reimbursement for property tax for low-income, elderly homeowners and for disabled homeowners is paid on the first $23,000, or such other amount set in the general appropriations act, of the full market value of the property. This bill revises this provision to add that for tax year 2016 and subsequent tax years, this property value limit on which tax relief is calculated will be increased by the percentage change in inflation, if applicable. *SB1796 - R. McNally - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

4. HB2138K. Brooks

Taxes Property: Reimbursement of property taxes for disabled veterans. Requires general funds from the state to go to the reimbursement of disabled veterans for all or part of their local property taxes on their residence. Defines a disabled veteran as one who suffers from paraplegia or permanent paralysis, who acquired 100 percent disability as a result of serving as a prisoner of war, or who acquired service-connected disability. Provides that these veterans who have an income of less than $30,000 are to be reimbursed by 50 percent. Defines further a disabled veteran as one who acquired 100 percent disability based on individual unemployability from any service-connected cause, and that they are to be reimbursed 100 percent. Clarifies that annual income attributable to a veteran consists of income from all owners of the property, the applicant's spouse, and any member of a remainder or reversion. Removes the requirement that veterans provide proof and documentation of their annual income. Provides that veterans who received a reimbursement for 2015 and veterans who reapply for 2016 and after are not affected.*SB1717 - T. Gardenhire - 03/14/2016 - Senate State & Local Government Veterans Affairs Subcommittee released with neutral recommendation. Sent to Senate State & Local Government Committee.Senate Status: 03/14/2016 - Senate State & Local Government Veterans Affairs Subcommittee released with neutral recommendation. Sent to Senate State & Local Government Committee.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

5. HB1410J. Pitts

Taxes Property: Repeals the "Save the Tax Relief Act." 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

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$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.*SB1484 - M. Green - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Fiscal Note: (Dated February 11, 2016) Increase State Expenditures - $6,286,000Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

6. HB1515J. Pitts

Taxes Property: Property tax reimbursement for disabled veteran home owners. 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. *SB1465 - M. Green - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Fiscal Note: (Dated January 22, 2016) Increase State Expenditures – Exceeds $3,665,400Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

7. HB2162J. Windle

Taxes Property: Property tax relief for disabled veterans - annual income limits. 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. *SB2132 - P. Bailey - 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.Fiscal Note: (Dated March 8, 2016) Increase State Expenditures – $4,793,800Senate Status: 03/24/2016 - Set for Senate State & Local Government Committee 03/29/16.House Status: 03/24/2016 - Set for House Local Government Subcommittee 03/30/16.

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