STATUS OF LEGISLATION OF IMPORTANCE TO TAPAtnapa.org/tn_leg/status_leg_2014.pdf · STATUS OF...

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STATUS OF LEGISLATION OF IMPORTANCE TO THE TENNESSEE CHAPTER OF AMERICAN PLANNING ASSOCIATION BEFORE

THE 2nd SESSION OF THE 108th TENNESSEE GENERAL ASSEMBLY

Prepared by Bill Terry, AICP Chapter Lobbyist February 21, 2014

Note: Two bills that will eliminate annexation by ordinance passed House committees this week. One of these is set for floor action next week. See below. The vesting bill is back and is described in the first cell below. The bills allowing entertainment as agriculture and asserting that a residence is incidental to farming operations and thus, exempt from zoning regulations and permits are moving and likely will pass.

NEW BILLS INTRODUCED THIS YEAR

PLANNING

SB 0915 by Niceley / HB964 by Todd

Planning, Public ‐ As introduced, allows development standards in effect on date of application for building permit or approval of preliminary plat or site plan to remain the standards for final approval of the development. ‐ Amends TCA Section 13‐4‐310 and Section 13‐3‐413.

Note: This bill was filed last year, and the status report in the right column shows its progress. An amendment has been developed that will re‐write the bill. The amendment contains some features of the original bill but not all. The five year vesting period remains. A full summary is being developed.

Summary –

Status

House – Introduced; assigned to Local Gov. Comm.; on subcommittee calendar for 3‐13; passed sub.; on full committee calendar for 3‐19; deferred to 3‐26; deferred to 4‐2; passed and assigned to Finance Comm.; on Subcomm. Calendar for 4‐9; passed Subcomm. On calendar for full committee for 4‐11; taken off notice .

Senate – Introduced; assigned to

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State & Local Comm.; on calendar for 3‐27; deferred to 4‐2; deferred to 4‐10; assigned to General Subcomm. and sent for summer study.

SB 2107 by *Bowling (HB 2383 by * Lynn) Real Property ‐ As introduced, requires plats showing a division of land to be submitted to the planning commission for subdivision approval or exemption before the plat may be recorded by the county register; requires a certificate to be filed with the plat in certain circumstances. ‐ Amends TCA Title 13, Chapter 3, Part 4 and Title 13, Chapter 4, Part 3. Summary – The bill is a result of some confusion in the offices of county registers over the determination of whether a plat is exempt from subdivision regulations by virtue of the definition of a subdivision in state law. It provides that the local planning commissions or staff must make the determination that a plat is exempt. A signed certificate is required on the plat before the county register may record the plat.

Status House – Referred to Local Gov. Comm.; assigned to Subcomm.; Senate – Referred to State & Local Gov. Comm.; on calendar for 2‐18; deferred; on calendar for 2‐25;

SB 2108 by *Bowling (HB 2380 by * Lynn) Real Property ‐ As introduced, requires the posting of a bond or other guarantee for unfinished streets and other infrastructure projects in an approved subdivision plat before a building permit may be issued; requires that the approved subdivision plat be recorded in the county register of deeds before a building permit may be issued. ‐ Amends TCA Title 13, Chapter 3, Part 4 and Title 13, Chapter 4, Part 3. Summary – This bill prohibits the issuance of a building permit on a proposed public street as shown on a plat when the street or other infrastructure has not been completed unless an appropriate bond or other guarantee has been posted with local officials.

Status House – Referred to Local Gov. Comm.; assigned to Subcomm.; Senate – Referred to State & Local Gov. Comm.; on calendar for 2‐18; deferred; on calendar for 2‐25;

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SB 2110 by *Bowling ( HB 2070 by *Farmer) Real Property ‐ As introduced, requires that prior to selling residential property located within a planned unit development (PUD) that any owner of the property disclose in writing whether the PUD is complete, and if the PUD is not complete, the date in which all property located in a PUD will be developed. ‐ Amends TCA Title 5; Title 6; Title 7; Title 13; Title 48 and Title 66. Summary – This bill amends the section of the Code that outlines disclosure requirements for residential property that is located in a planned unit development. The caption above is descriptive.

Status House – Referred to Local Gov. Comm.; assigned to Subcomm.; Senate – Referred to State & Local Gov. Comm.; on calendar for 2‐18; deferred until 3‐4;

SB 2198 by *Johnson ( HB 2060 by *Durham) Real Property ‐ As introduced, restricts the ability of homeowners' associations to regulate parking on public streets, to ban political signs on private property, and to impose fines in excess of the monthly dues owed by property owners within the homeowners' association. ‐ Amends TCA Title 20; Title 25; Title 48 and Title 66. Summary – In addition to the above caption, which is descriptive, the bill provides that any fine or fee imposed for parking on a public street shall be unenforceable and of no legal effect in a court of law.

Status House – Referred to Business & Utilities Comm.; assigned to Subcomm.; on calendar for 2‐11; taken off notice. Senate – Referred to State & Local Gov. Comm.; placed in General Subcomm. likely stopping action.

ANNEXATION

SB 0869 by Crowe / HB 0590 by Van Huss Annexation ‐ As introduced, requires, prior to a municipality annexing within its urban growth boundary, the approval of a majority vote of qualified voters in the territory proposed for annexation. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – The bill was amended in the House committee. The amended bill provides that:

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 2‐27; action deferred until last calendar; passed with amendment in full committee on 4‐9; assigned to

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a municipality can annex by petition, a municipality can annex by ordinance on its own initiative but only after a referendum, notice of the referendum must be sent by registered mail 180 days in advance of the vote, and it basically puts in place an exception to the exclusive authority of a municipality to annex within its urban growth boundary. Note: This bill from last year is moving, so it was shifted to the top of annexation bills.

Finance Subcomm.; on calendar for 4‐10; deferred until an annexation calendar is set; back on the calendar of House Finance Subcomm. for 2‐12‐14; passed Subcomm.; on full committee calendar for 2‐18; passed committee; on House floor for 2‐24;

Senate – Introduced, assigned to State & Local Gov. Comm.;

SB 2391 by *Watson (HB 2026 by *Carter) Annexation ‐ As introduced, abolishes annexation by ordinance at the initiative of the municipality unless authorized countywide by the county legislative body for the remainder of the twenty‐year comprehensive growth plan ratified and approved immediately following enactment of Chapter 1101 of the Public Acts of 1998. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – This bill deletes:

The language in TCA § 6‐51‐102(a)(1) that allows a municipality to annex territory on its own initiative by ordinance;

TCA § 6‐51‐102(a)(2); and TCA § 6‐51‐122 that applied the moratorium on annexation of residential and agricultural

land and provided for the TACIR study on annexation and growth policy. The bill provides:

That the county legislative body may adopt a resolution authorizing any municipality in the county to annex territory within their urban growth boundary by ordinance;

That prior to adopting the resolution the county legislative body shall hold a public hearing

Status House – Referred to Local Gov. Comm.; assigned to Local Gov. Subcomm.; Withdrawn. Senate – Referred to State & Local Gov. Comm.;

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on the resolution; That after adoption of the resolution, municipalities in the county may annex territory on

their own initiative by ordinance. The bill also contains language that ties the resolution to being effective for the remainder of the 20‐year period of the local growth plan as originally approved. It states that the resolution will terminate upon the expiration of the 20‐year term. The effect of the bill will be to eliminate annexation by ordinance unless the procedure is approved by the county legislative body.

SB 2472 by *Norris ( HB 2469 by *Parkinson) Annexation ‐ As introduced, extends moratorium from May 15, 2014, to May 15, 2015, on annexation by a municipality by means of ordinance in order to annex territory being used primarily for residential or agricultural purposes; extends study by TACIR until February 1, 2015. ‐ Amends TCA Section 6‐51‐122. Summary – This bill comes from the recommendation of the Tennessee Advisory Commission on Intergovernmental Relations that the moratorium be extended for another year, and the study on annexation and growth policy be continued and reported to the legislature February 1, 2015. The report prepared for the legislature that was due January 14, 2014 can be found on the TACIR web site at http://www.tennessee.gov/tacir/PDF_FILES/Growth_Policy/PC441InterimReport.pdf.

Status

House – Referred to Local Gov. Comm.; assigned to Subcomm.;

Senate – Referred to State & Local Comm.;

SB 2464 by *Watson ( HB 2371 by *Carter) Annexation ‐ As introduced, abolishes annexation by ordinance at the initiative of the municipality. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – This bill brings back the efforts from last year to eliminate annexation by ordinance that were delayed by the legislation that sent all the bills to TACIR for study. It is

Status

House – Referred to Local Gov. Comm.; assigned to Subcomm.; on calendar for 2‐19; passed Subcomm.; on calendar for full comm. for 2‐25;

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re‐titled as “End of Forced Annexation in Tennessee Act”. This bill is also moving.

Senate – Referred to State & Local Comm.;

SB 2373 by *Beavers (HB 2324 by *Lynn) Utilities, Utility Districts ‐ As introduced, clarifies that an annexing municipality possesses the exclusive right to provide utility services in annexed areas if the municipality chooses to provide such services; provides an aggrieved party with the right to appeal the findings of the Water and Wastewater Authority Board. ‐ Amends TCA Title 5; Title 6; Title 7; Title 13; Title 65 and Title 68. Summary – The caption is descriptive.

Status House – Referred to Business & Utilities Comm.; assigned to Subcomm.; Senate – Referred to State & Local Gov. Comm.;

CODES AND BLIGHT

SB 1800 by *Campfield ( HB 2260 by *Hall) Eminent Domain ‐ As introduced, narrows the definition of the areas that may be considered "blighted" for purposes of eminent domain. ‐ Amends TCA Title 13 and Title 29 Summary – This bill amends TCA Title 13, Chapter 20, the Housing Authority Law and Chapter 21, that addresses slum clearance and redevelopment. It appears to narrow the definition of blighted property and removes the references to blighted areas. Further, the bill:

Adds a requirement that the property must be tax delinquent for 3 years; Provides that prior to initiation of eminent domain proceedings, the owner must be citied for

at least one of the conditions defining blight and be given the opportunity to rehabilitate the property;

Provides that property shall not be deemed blighted for aesthetic conditions;

Status House – Referred to Civil Justice Comm.; assigned to Subcomm.; Senate – Referred to Judiciary Comm; on calendar for 2‐25;

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Prohibits the determination of one property being blighted from being used as a basis on another property.

It also amends TCA § 29‐16‐119 by repealing the existing section and addressing the issue of a judgment for damages and compensation.

SB 2299 by *McNally ( HB 1689 by *Carr D) Landlord and Tenant ‐ As introduced, makes certain changes to encourage local governments to inspect rental properties and increases the penalties for landlords who fail to take corrective action to repair such code violations. ‐ Amends TCA Title 4; Title 5; Title 6; Title 13; Title 16; Title 27; Title 39; Title 40; Title 66 and Title 68. Summary ‐ This bill specifies that in every lease of residential premises, the landlord covenants to maintain the premises in compliance with the applicable health and safety laws of this state and any applicable ordinance of the local government in which the residential premises are located during the term of the lease, except when the violation is caused by the willful, malicious, or irresponsible conduct of the tenant, or person under the direction or control of the tenant. This bill further specifies that the parties to a lease of residential premises may not waive or modify the covenants imposed by this bill. Much more detail is spelled out in the bill.

Status House – Referred to Business & Utilities Comm.; assigned to Subcomm.; Senate – Referred to Commerce & Labor Comm.;

SB 2315 by *McNally ( HB 2142 by *McCormick) Housing ‐ As introduced, authorizes home rule municipalities and counties with a metropolitan form of government to participate in the Tennessee Local Land Bank pilot program. ‐ Amends TCA Title 13, Chapter 30, Part 1. Summary – Last year a bill was passed that authorized the City of Oak Ridge to establish a land bank program as a pilot project to address blighted properties. This bill extends the authority to more areas, but not statewide.

Status House – Referred to Local Gov. Comm.; assigned to Subcomm.; on calendar for 2‐12; passed Subcomm.; on full committee calendar for 2‐25; Senate – Referred to State & Local Gov. Comm.;

OTHER

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SB 1468 by *Norris (HB 2173 by *Rich) Agriculture ‐ As introduced, expands definition of agriculture to include entertainment activities. ‐ Amends TCA Title 1, Chapter 3 and Title 43, Chapter 1. Summary – The caption above is explanatory. The word “entertainment” is not defined.

Status House – Referred to Agriculture & Natural Resources Comm.; assigned to A & NR Subcomm.; Senate – Referred to Energy, Agriculture, & Natural Resources Comm.;

SB 1614 by *Norris ( HB 1410 by *McCormick) Agriculture ‐ As introduced, defines agriculture to include entertainment activities that occur on land where farm products and nursery stock are produced; required that the Tennessee Right to Farm Act be construed broadly to effectuate its purposes. ‐ Amends TCA Title 1, Chapter 3, Part 1; Title 43, Chapter 1, Part 1 and Title 43, Chapter 26, Part 1. Summary – As noted, this bill adds entertainment to the definition of agriculture, however, the term is not defined. The bill also adds the same definition in Title 43, the code title that deals generally with agriculture. The bill then amends TCA § 43‐26, the Right to Farm Act, adding to the definition of farm operations a reference back to the definition of agriculture. Finally, the bill adds language that the Right to Farm Act shall be broadly construed. Since the term entertainment is not defined and is to be broadly construed, the apparent effect of this bill will be to allow any form of entertainment on farmland as long as a commercial farming operation is active. The language of the bill does qualify entertainment somewhat. The bill provides: “Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock.”

Status House – Referred to Agriculture & Natural Resources Comm.; assigned to A & NR Subcomm.; on calendar for 2‐12; passed Subcomm.; on full committee calendar for 2‐25; Senate – Referred to Energy, Agriculture, & Natural Resources Comm.;

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SB 1706 by *Niceley ( HB 1545 by *Bailey) Agriculture ‐ As introduced, clarifies that buildings used as residences by farmers and farm workers are “incidental to the agricultural enterprise”. ‐ Amends TCA Title 13, Chapter 7, Part 1. Summary – The effect of this bill will be to assure that building permits cannot be required for these type residences. The bill amends TCA § 13‐7‐114, the section that deals with the agricultural exemption under county zoning.

Status House – Referred to Agriculture & Natural Resources Comm.; assigned to A & NR Subcomm.; on calendar for 2‐5; passed; on full committee calendar for 2‐11; passed committee; on House calendar for 2‐24; Senate – Referred to Energy, Agriculture, & Natural Resources Comm.; on calendar for 2‐19; passed comm.; on Senate consent calendar for 2‐24;

SB 2344 by *Ketron (HB 2379 by *Lynn) Newspapers and Publications ‐ As introduced, inserts a general definition for the term "newspaper of general circulation," to be applicable throughout Tennessee Code Annotated, unless the context otherwise requires. ‐ Amends TCA Section 1‐3‐105. Summary – This bill provides that a newspaper of general circulation means:

a publication bearing a title or name published in the form of a newspaper at regular internals published for the dissemination of news and matters of general interest intended for circulation among the general public designated by resolution of a local legislative body as a newspaper of general circulation for

the purpose of meeting the public notice or adequate public notice requirements for an action of a local legislative body, board, commission, or authority created by a government entity or required by statute to be published.

Status

House – Referred to State Gov. Comm.; assigned to Subcomm.;

Senate – Referred to Judiciary Comm.;

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SB 1809 by *Niceley ( HB 1808 by *Carter) Attorney General and Reporter ‐ As introduced, requires opinions written by the attorney general to be binding on state and local government entities until overturned by a court or changed in the law by the general assembly. ‐ Amends TCA Title 8, Chapter 6. Summary – As noted in the caption, the bill requires that all written AG opinions shall be binding on all entities of local government and the state until the opinion is overturned in court or the legislature changes the law being interpreted by the opinion.

Status

House – Referred to Civil Justice Comm.; assigned to Subcomm.; on calendar for 2‐12; taken off notice likely stopping action.

Senate – Referred to Judiciary Comm.;

SB 2515 by *Ketron ( HB 2340 by *Sparks) Mass Transit ‐ As introduced, directs the department of transportation to study the construction, operation and financing of a monorail public transportation system along the Nashville Southeast Corridor on and along I‐24; requires the department to report findings by February 1, 2015, to the transportation committees.

Status

House – Referred to Transporation Comm.; assigned to Subcomm.;

Senate – Referred to Transportation Comm.;

SB 2556 by *Beavers ( HB 2471 by *Lynn) Real Property ‐ As introduced, expands the definition of an HOA's bylaws to include the HOA's financial statements and operating budget when a buyer, prior to purchasing property located in a PUD, requests that such bylaws be disclosed. ‐ Amends TCA Title 13; Title 48 and Title 66. The code section being amended by this bill is TCA § 66‐5‐213(a).

Status

House – Referred to Business & Utilities Comm.; assigned to Subcomm.;

Senate – Referred to Commerce & Labor Comm.;

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THESE BILLS WERE INTRODUCED LAST YEAR AND MAY BE BROUGHT UP AT THE REQUEST OF THE SPONSOR

PLANNING BILLS SB 0027 by Yager / HB 0015 by Calfee

Ethics ‐ As introduced, exempts planning commission members of certain counties from filing statements of interests to Tennessee ethics commission. ‐ Amends TCA Title 8, Chapter 50, Part 5.

Summary – Exempts the following counties from the requirement to file disclosure statements with the Ethics Commission: Campbell, Fentress, Morgan, Pickett, Rhea, Roane, and Scott.

Status

House – Introduced;

Senate – Introduced;

Withdrawn

SB 0053 by Yager / HB 0033 by Keisling

Planning, Public ‐ As introduced, allows designated types of developments to adhere to the development standards that were in effect when the developments were approved; establishes an initial vesting period between one to three years in which the approval of a project shall remain valid and the project can be developed under the standards in existence at the time of approval. ‐ Amends TCA Section 13‐3‐413 and Section 13‐4‐310.

Note: This bill is the better of the two bills dealing with vesting development standards, and it is now dead in the House. The remaining bill SB 915/HB 964 is likely to pass out of the House Local Government Committee next week.

Summary – This bill allows designated types of developments to adhere to the development standards that were in effect when the developments were approved. Generally, present law authorizes a regional or municipal planning commission (planning commission) to promulgate provisions in its subdivision regulations and recommend amendments to

Status

House – Introduced; assigned to State Gov. Subcomm.; on calendar for 3‐20; deferred to 3‐27; failed.

Senate – Introduced; referred to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐9;

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the zoning ordinance for the establishment of review and approval powers for site plans and the establishment for review and approval of planned unit developments, overlay districts, mixed use developments, condominiums and other types of sustainable design and development of property. This bill specifies that when a building permit has been issued or a preliminary plat or site plan or one of the other types of sustainable developments described above has been approved, then the locally adopted development standards applicable on the date of such approval would be in effect for the entire time the approval is valid. Development standards required or mandated by the state or federal government would not be deemed locally adopted development standards under this bill and thus would not apply to such developments. The planning commission, and where applicable the county or municipal legislative body (the legislative body), must establish an initial vesting time during which time the approval of a preliminary plat, building permit, site plan, or any of the denoted development types described above would remain valid. The initial vesting period would be in effect even if no building or infrastructure construction or site preparation activities take place. Such initial vesting time frame must be for a period between one and three years. If no building or infrastructure construction or site preparation activities have commenced at the end of the designated initial vesting time frame, then the approval would be deemed expired. The developer or property owner may appeal this expiration to the chancery court of the county in which the preliminary plat, building permit, site plan or any denoted development type is located. If building or infrastructure construction or site preparation commences during the initial vesting time frame, then the preliminary plat, building permit, site plan, or any denoted development type would become vested in the locally adopted development standards in effect when the initial vesting occurred. No new or amended locally adopted development standards as may be adopted by the planning commission or the legislative body would be applicable to the now vested preliminary plat or to any final plat based on that preliminary plat, building permit, site plan or any denoted development types then under building or infrastructure construction or site preparation activities. When the approval of a preliminary plat, building permit, site plan or any denoted development type is no longer valid due to the expiration of the initial vesting time frame or when there is an amendment proposed for the preliminary plat, building permit, site plan, or any denoted development type, then any new application for approval or amendment must comply with the locally adopted development standards in effect at the time of this new application or request for

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amendment.

SB 0790 by Niceley / HB 0646 by Carr D

Planning, Public ‐ As introduced, requires planning commissioners and other planning officials to file attendance statement regarding continuing education with Tennessee ethics commission; removes ability of local legislative bodies to opt out of continuing education requirements for planning commissioners and other planning officials. ‐ Amends TCA Title 8, Chapter 50, Part 5 and Title 13.

Summary – The bill was amended in committee. It now applies to the appointment of regional planning commission members in TCA § 13‐3‐101(c). The bill adds new language that permits the county legislative body to determine if the county mayor or the chairman of the body will make the nominations for members to LGPAC. The bill also amends TCA § 13‐3‐101(i), the section that gives the appointment authority to the county, to allow the legislative body to determine if the appointment of members will be by the county mayor or chairman of the legislative body.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐20; deferred to 3‐27; deferred to 4‐2; passed subcommittee; on full committee calendar for 4‐9; passed committee with amendment; assigned to Finance Subcomm. Placed behind the budget; taken off notice.

Senate – Introduced; assigned to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐2; deferred until 4‐10; passed committee with amendment; referred to Finance Comm. On calendar for 4‐15; on calendar for 4‐18; no action taken.

SB 0896 by Niceley

Sunset Laws ‐ As introduced, places community, municipal and regional public planning organizations in sunset laws with a sunset date of June 30, 2015. ‐ Amends TCA Title 4, Chapter 29.

Summary – This bill places all planning commissions across the state into the sunset provisions of

Status

House – No sponsor for the bill.

Senate – Introduced; assigned to Gov. Operations Comm.;

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state law. Apparently, this would mean that unless each planning commission is extended as is the case with state government agencies, they would cease to exist on June 30, 2015. Presumably, they would have to go through the Government Operations Committees to be extended. This would increase the committees’ workload enormously.

SB 0915 by Niceley / HB964 by Todd

Planning, Public ‐ As introduced, allows development standards in effect on date of application for building permit or approval of preliminary plat or site plan to remain the standards for final approval of the development. ‐ Amends TCA Section 13‐4‐310 and Section 13‐3‐413.

Note: This bill has been amended, and another amendment is in the works. However, it may pass in some form, and may be damaging for local planning. Below is a summary of the current bill as amended.

Summary – The bill stipulates that the vesting period begins on the date of approval of a preliminary plat or a site plan, or the date of approval of a building permit, and then no change can be made in the development standards that were in effect on the date of approval; provided that final approval of the development or building is made during the vesting period. The vesting period is five years. In developments that have two or more sections each section shall have a separate vesting period. The development standards in effect on the date of approval of the preliminary plat or site plan for the first section shall remain the standards applicable to all subsequent sections.

If site preparation or building construction commences during the vesting period, the standards in effect shall remain until the project is completed; provided that development standards may be changed if 10 years has elapsed since the beginning of the vesting period or in a multi‐phased development 15 years. Development standards are defined as locally adopted standards or regulations applicable to development of property including zoning, planning, storm water requirements; layout design and construction standards for buildings, streets, alleys, curbs, and sidewalks; lot size, lot configuration, and yard dimensions; and off‐site improvements; but does not

Status

House – Introduced; assigned to Local Gov. Comm.; on subcommittee calendar for 3‐13; passed sub.; on full committee calendar for 3‐19; deferred to 3‐26; deferred to 4‐2; passed and assigned to Finance Comm.; on Subcomm. Calendar for 4‐9; passed Subcomm. On calendar for full committee for 4‐11; taken off notice .

Senate – Introduced; assigned to State & Local Comm.; on calendar for 3‐27; deferred to 4‐2; deferred to 4‐10; assigned to General Subcomm. and sent for summer study.

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include standards mandated by federal or state law.

A site plan is defined as the initial documents and drawings that describe and depict the proposed development, regardless of the terminology used by the commission or local government to denote these documents and drawings. Preliminary plat is not defined. The wording in the bill means that all plats, planned unit development plans, or other master plans are defined as site plans.

SB 1380 by Bowling / HB 1259 by Butt

Planning, Public ‐ As introduced, requires at least one hour of the annual education requirement for planning commissioners concentrate on the rights of private property owners and the relationship of those rights to the public planning process. ‐ Amends TCA Title 13.

Note: An amendment was filed that rewrote the bill, and it is now being handled by Rep. Fitzhugh. It no longer applies to planning commissioner education.

This bill was further amended to also include its original language requiring one hour of the annual education requirement on property rights.

Summary – The bill now, as amended in the House, applies to the development district act and changes the funding method for the Memphis Area Association of Governments development district to match that of the other development districts.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐20; passed with an amendment; on committee calendar for 3‐26; passed committee and moved to the Finance Committee; on subcommittee calendar for 4‐3; deferred to 4‐10; deferred to 4‐15; passed subcommittee and full committee and passed House on 4‐18.

Senate – Introduced; assigned to State & Local Gov. Comm.; on calendar for 3‐27; on calendar for 4‐2; deferred to 4‐10; passed; on Senate calendar for 4‐16; House bill substituted and passed Senate on 4‐19.

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GROWTH PLAN BILLS SB 0613 by Yager / HB 0135 by Keisling

Growth and Development ‐ As introduced, revises procedure for amending growth plans; establishes procedure for adoption of a revised growth plan. ‐ Amends TCA Section 6‐58‐104. Summary ‐ This bill authorizes amendments to growth plan boundaries and revisions to the complete growth plan. It provides that:

A municipal mayor may propose an amendment to that municipality’s urban growth boundary or a county mayor (executive) may propose an amendment to the boundary between a planned growth area and a rural area.

After notification of a proposed amendment, the county mayor must reconvene or reestablish the coordinating committee within 60 days, determine the date and place for the first meeting, and provide adequate public notice of the meeting.

The coordinating committee must take action on the proposal within six months of the first meeting.

Detailed procedures in the amendment process are provided. Any proposed change in an approved growth plan other than the boundaries noted above is

deemed a revision of the growth plan and must follow a separate process. The adoption of a resolution by either the county legislative body or by the legislative bodies

of municipalities in the county representing at least one‐half of the population of the county asking for the coordinating committee to be re‐established for the purpose of developing a revised growth plan starts the process of revision.

The coordinating committee must develop a revised growth plan with one year after the first meeting of the committee.

After approval of the revised growth plan by the local Government Planning Advisory Committee, the plan must be in effect for seven years before the revision process can be initiated again but amendments may be after three years have elapsed.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐20; passed; on committee calendar for 3‐26; deferred until Jan. 2014.

Senate – Introduced; assigned to State & Local Comm.; on calendar for 3‐27; deferred to 4‐2;

Sent to TACIR for study.

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SB 0672 by Beavers / HB 0535 by Pody

Annexation ‐ As introduced, requires a majority of property owners whose property shall be affected by a proposed amendment to an urban growth plan to be entitled to vote on whether such amendment becomes effective. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – This bill would require that an amendment to a growth plan be approved by a referendum of “…eligible voters owning property that are affected by the proposed amendment”… . How those affected property owners are to be determined is not specified. Also, affected property owners, however determined, must be notified by mail. The notice must include voter registration information, notice of the proposed amendment, and the right to reject any proposed amendment. Any proposed expansion of an urban growth boundary must be approved by the property owners who are eligible voters in the expanded area. Any change in a planned growth area or a rural area must be similarly approved by affected property owners who are eligible voters.

Status

House – Introduced; assigned to Local Gov. Subcommittee; no action taken.

Senate – Introduced; assigned to State & Local Gov. Comm.; placed in General Subcommittee temporarily stopping action.

SB 0732 by Watson / HB 0231 by Carter

Growth and Development ‐ As introduced, places restrictions on the ability of the mayor of a municipality that has not annexed all territory within its urban growth boundaries to propose an amendment to the growth plan and to serve on the coordinating committee reconvened or reestablished to amend the growth plan. ‐ Amends TCA Title 6, Chapter 58.

Note – The bill was amended in committee to change the language about annexing all the area in the growth boundary. The bill now requires that a municipality must have fully complied with all plans of service for all annexed territories for the mayor to propose an amendment to the growth boundary. A similar requirement applies to the mayor’s ability to

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 2‐13; passed subcomm.; on calendar for full committee on 2‐19; passed committee with an amendment; referred to Calendar and Rules; taken off notice; placed back in Calendar Comm. for 4‐4;

Senate – Introduced; assigned to State & Local Gov. Comm.; on

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serve on the coordinating committee.

Summary ‐ This bill places a limitation on the authority of a municipal mayor to propose an amendment to the growth plan by providing that until a municipality has annexed all territory within its urban growth boundaries under the initial growth plan or an amended growth plan and has fully complied with all plans of services adopted for all annexed territories, the mayor of such a municipality has no authority to propose an amendment to the growth plan. This bill also provides that the mayor, or the mayor's designee, of a municipality that has not annexed all territory within its urban grown boundaries under the initial growth plan or an amended growth plan and has not fully complied with all plans of services adopted for all annexed territories, may not serve on a coordinating committee reconvened or reestablished pursuant to a proposed amendment to the growth plan.

calendar for 3‐27; deferred to 4‐2; assigned to General Subcommittee.


ZONING BILLS SB 0585 by Johnson / HB 0276 by Casada

Zoning ‐ As introduced, requires local governments to provide notice of proposed zoning changes to affected landowners and for hearings to be conducted to obtain input from such landowners. ‐ Amends TCA Title 13, Chapter 7.

Summary ‐ This bill requires landowner notification by regular mail that includes a detailed summary prior to adopting a zoning ordinance or plan or a zoning ordinance update in addition to other public notice. A public hearing is required to obtain input from the affected landowners. The bill also includes the board of zoning appeals in the notice requirement although this board does not propose zoning changes. The bill does not define how an affected landowner is to be determined.

Status

House – Introduced; assigned to Local Gov. Subcomm.; no action taken.

Senate – Introduced; assigned to State & Local Gov. Comm.; no action taken.

PROPERTY RIGHTS

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SB 1014 by Bell / HB 0109 by Butt

Personal Property ‐ As introduced, prohibits the state or any political subdivision from adopting or implementing any policy recommendation that intentionally or inadvertently infringes upon or restricts private property rights without due process of law. Summary – This bill is apparently a follow‐up to the anti‐Agenda 21 resolution that passed last year and similar property rights bills that did not pass. However, that was a resolution that had no real impact. This is a bill that could be passed into law and would likely place severe restrictions on the ability of local governments adopt and enforce land use regulations. Since infringement or restriction on private property rights is not defined in any way, it is open to any interpretation. The bill provides “… that the state or any political subdivision shall not adopt or implement any policy recommendation that intentionally or inadvertently infringes upon or restricts private property rights without due process of law even if required by recommendations originating in or traceable to a policy statement for sustainable development adopted in 1992 at the Conference on Environment and Development …” . The use of the term due process is confusing. Does the use of the phrase "due process" mean that you have to give notice and opportunity to be heard but then can do it anyway, or does it mean, consistent with the substantive aspect of the due process clause simply mean that as long as it's a reasonable regulation that's okay?

Status

House – Introduced, assigned to State Gov. Subcomm.; no action taken.

Senate – Assigned to State & Local Gov. Comm.; no action taken.

ANNEXATION SB 0279 by Watson / HB 0475 by Carter Annexation ‐ As introduced, requires, prior to a municipality annexing within its urban growth boundary, the approval of a majority vote of qualified voters in the territory proposed for annexation. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Note: The bill was amended in Senate State & Local as follows: Summary – As amended, this bill imposes a moratorium on all annexations by ordinance of

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐6; passed Subcomm.; on full committee calendar for 3‐12; passed committee and referred to Finance Comm.; on Subcomm. calendar for 3‐20; deferred until a special annexation calendar is set; on

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residential or agricultural property from April 15, 2013 through May 15, 2014. During that time TACIR will conduct a comprehensive review and evaluation of the efficacy of state policy set forth in Title 6, Chapters 51 and 58. Annexations by petition or referendum are not affected, and it excludes annexations of commercial or industrial property.

calendar for 4‐11; amended and passed; in Calendar Comm. on 4‐15;

Senate – Introduced, assigned to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐2; on Senate calendar for 4‐15;

Amended and sent to TACIR for study by the Senate S & L committee.

SB 0731 by Watson / HB 0230 by Carter Annexation ‐ As introduced, requires all annexations within a municipality's urban growth boundaries under an amended growth plan to be by referendum only and not by ordinance. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – The bill amends 6‐58‐111 by adding a new section 3 that provides that under any amended growth plan, annexation must be by referendum only. It eliminates annexation by ordinance.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐13; deferred until 3‐20; deferred until 3‐27; deferred to 4‐2; taken off notice.

Senate – Introduced, assigned to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐2; placed in General Subcomm stopping action.


SB 0869 by Crowe / HB 0590 by Van Huss Annexation ‐ As introduced, requires, prior to a municipality annexing within its urban growth boundary, the approval of a majority vote of qualified voters in the territory

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar

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proposed for annexation. ‐ Amends TCA Title 6, Chapter 51 and Title 6, Chapter 58. Summary – The bill was amended in the House committee. The amended bill provides that: a municipality can annex by petition, a municipality can annex by ordinance on its own initiative but only after a referendum, notice of the referendum must be sent by registered mail 180 days in advance of the vote, and it basically puts in place an exception to the exclusive authority of a municipality to annex within its urban growth boundary.

for 2‐27; action deferred until last calendar; passed with amendment in full committee on 4‐9; assigned to Finance Subcomm.; on calendar for 4‐10; deferred until an annexation calendar is set; back on the calendar of House Finance Subcomm. for 2‐12;

Senate – Introduced, assigned to State & Local Gov. Comm.;


SB 1316 by Bowling / HB 1249 by Van Huss Annexation ‐ As introduced, prohibits a municipality from annexing any land within its urban growth boundary that is zoned for agricultural use until there is a change in use triggered by a request for a non‐agricultural zoning designation or by sale of the territory for use other than agricultural purposes. ‐ Amends TCA Title 6.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐13; deferred until 3‐20; passed; on committee calendar for 3‐26; deferred to last calendar; on calendar for 4‐10; deferred to annexation calendar;

Senate – Introduced; assigned to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐2; deferred to 4‐10; placed in General Sub.

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SB 1381 by Bowling / HB 1319 by Van Huss Annexation ‐ As introduced, requires any municipality proposing to annex territory within the municipality's urban growth boundary to mail notice to any property owners within that urban growth boundary 90 days prior to the date of proposed annexation and to hold at least three public, informational meetings. ‐ Amends TCA Title 6.

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐20; passed if amended; on committee calendar for 3‐26; deferred to last calendar; on calendar for 4‐10; deferred to annexation calendar;

Senate – Introduced; assigned to State & Local Gov. Comm.; on calendar for 3‐27; deferred to 4‐2; placed in General Sub.


EMINENT DOMAIN SB 0230 by Hensley / HB 0103 by Carr J Eminent Domain ‐ As introduced, revises the procedure for resolving just compensation issues when counties, cities and towns take property by eminent domain for a public purpose and grants an owner of property taken by eminent domain a right of first refusal. ‐ Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16.

Status

House – Introduced; referred to Civil Justice Comm.; assigned to Civil Justice Sub.; on calendar for 3‐20; failed in subcomm.

Senate – Introduced; referred to Judiciary Comm.; assigned to General Subcommittee.

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SB 0235 by Campfield / HB 0212 by Hall Eminent Domain ‐ As introduced, limits the transfer by eminent domain of blighted properties to private entities; requires blighted property taken by eminent domain be repaired or demolished. ‐ Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17.

Status

House – Introduced; assigned to Civil Justice Subcomm.; on calendar for 3‐20; taken off notice in sub.

Senate – Introduced; referred to Judiciary Comm.; on calendar for 4‐9; placed in General Sub.

SB 0236 by Campfield / HB 0451 by Hall Eminent Domain ‐ As introduced, provides that no more than 20 percent of property taken by eminent domain can be leased to private companies; grants right of first refusal to owner of land taken by eminent domain that is not converted in five years to the purpose for which it was taken. ‐ Amends TCA Title 7, Chapter 31; Title 13, Chapter 20 and Title 29.

Status

House – Introduced; assigned to Civil Justice Subcomm.; no action taken.

Senate – Introduced; referred to Judiciary Comm.; on calendar for 4‐9; placed in General Sub.

SB 0957 by McNally Eminent Domain ‐ As introduced, grants property owner, or a deceased owner's heirs or assigns, whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. ‐ Amends TCA Title 29, Chapter 17, Part 10.

Status

House – No sponsor in the House.

Senate – Introduced; assigned to Judiciary Comm.; WITHDRAWN.

SB 0958 by McNally Eminent Domain ‐ As introduced, requires county and municipal legislative bodies to conduct a public hearing on necessity of condemning property and approve the exercise of eminent domain by a majority vote prior to any property being condemned and taken by such bodies. ‐ Amends TCA Title 29, Chapter 17.

Status

House – No sponsor in the House.

Senate – Introduced; assigned to Judiciary Comm.; WITHDRAWN.

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SB 0959 by McNally / HB 1199 by Ragan Eminent Domain ‐ As introduced, grants certain property owners, or their heirs or assigns, whose land is taken by eminent domain the right to repurchase such property in certain circumstances; requires local legislative bodies to conduct public hearings and a majority vote prior to taking property by eminent domain. ‐ Amends TCA Title 29, Chapter 17.

Status

House – Introduced; assigned to Civil Justice Subcomm.; on calendar for 3‐20; deferred until 3‐27; deferred to 4‐3; passed comm. and assigned to Finance subcomm.; deferred; on calendar for 4‐15; passed committee and passed House.

Senate – Introduced; assigned to Judiciary Comm.; on calendar for 2‐19; deferred to 2‐26; deferred until 3‐5; deferred until 3‐26; deferred to 4‐2; passed comm. and amended; assigned to Finance Comm.; deferred; on calendar for 4‐15; assigned to General Subcommittee.

SB 1167 by Overbey / HB 1103 by Carter Eminent Domain ‐ As introduced, revises various provisions governing eminent domain and the limitation placed on the owners' actions. ‐ Amends TCA Title 29, Chapter 16.

Status

House – Introduced; assigned to Civil Justice Subcomm.; on calendar for 3‐20; deferred until 3‐26; deferred to 2014;

Senate – Introduced; assigned to Judiciary Comm.; placed in General Sub, on 4‐9.

SB 1189 by Niceley / HB 1003 by Faison

Status

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Eminent Domain ‐ As introduced, requires that the fair market value of property taken by eminent domain be based on the highest and best use of such property. ‐ Amends TCA Title 7; Title 29; Title 64 and Title 65.

House – Introduced; assigned to Civil Justice Subcomm.; on calendar for 2‐27; deferred until 3‐13; bill failed.

Senate – Introduced; assigned to Judiciary Comm.; placed in General Subcommittee stopping action.

TRANSPORTATION SB 0143 by Niceley / HB 0282 by Marsh Railroads ‐ As introduced, requires the plan for providing mass transit services to areas served by the regional transportation authority specify the estimated timing and costs for providing proposed rail transit services. ‐ Amends TCA Title 29, Chapter 20 and Title 64, Chapter 8. Note: The bill has been amended. It now reads: The limits of liability prescribed under subdivision (g)(1) shall not apply to any for‐profit owners of rail lines or rail line rights‐of‐way. As a matter of public policy, the general assembly declares and deems the operation of the regional transportation authority's commuter rail train to be a public purpose, a public and governmental function and a matter of public necessity.

Status

House – Introduced; assigned to Transportation Subcomm.; on calendar for 2‐20; passed with an amendment; on calendar for full committee on 2‐26; passed committee; on floor for 3‐7; passed House.

Senate – Introduced; assigned to Transportation Comm.; passed committee and referred to Judiciary; on calendar for 3‐19; passed committee; referred to Calendar Comm.; passed Senate.

SB 1153 by Tracy / HB 0883 by Williams R Planning, Public ‐ As introduced, enacts the "Partnership for Public Facilities and Infrastructure Act." ‐ Amends TCA Title 12. Summary – This bill authorizes state and local governments to use public/private partnerships to develop public projects. It creates the Partnership for Public Facilities and Infrastructure Act

Status

House – Introduced; assigned to State Gov. Subcomm.; on calendar for 3‐6; deferred until 3‐20; deferred until 3‐26; deferred to 2014;

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guidelines committee to prepare model guidelines for public entities in the implementation of the bill. Such guidelines will be prepared for the purpose of creating consistent requirements for private entities that seek to participate in the construction or development of a qualifying project throughout the state. These guidelines will be mandatory for all state agencies conducting projects under this bill, but will be optional for local government entities and boards of education acting under this bill so long as local guidelines are consistent with this bill. A “qualifying project” means any project that meets a public purpose and has been identified as a public need by elected and appointed officials.

Senate – Introduced; assigned to State & Local Gov. Comm.; placed in General Sub stopping action;

CODES SB 281 by Ketron / HB 0092 by Eldridge Codes ‐ As introduced, makes various changes concerning a local government's ability to exempt itself from minimum statewide building construction safety standards. ‐ Amends TCA Title 68, Chapter 120.

Status

House – Introduced; assigned to State Gov. Subcomm.; no action taken.

Senate – Introduced; assigned to Commerce & Labor Comm.; no action taken.

SB 0848 by Ketron / HB 1119 by Moody Codes ‐ As introduced, for certain purposes, modifies the definition of the term "code" to include provisions relating to fire prevention measures. ‐ Amends TCA Section 5‐20‐101(1). Summary – Generally, present law provides that the governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full. This enabling authority does not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code. Present law defines "code" as any published compilation of rules and regulations that has been prepared by technical trade associations or model code organizations regulating building construction, plumbing and gas installation, any portion of such rules, or any amendment of such

Status

House – Introduced; assigned to Business & Utilities Subcomm.; on calendar for 3‐12; passed Subcomm.; on calendar for full committee for 3‐20; passed; on House floor consent calendar for 3‐25; passed House.

Senate – Introduced; assigned to Commerce & Labor Comm.; on calendar for 2‐19; passed committee; on Senate consent calendar for 2‐25;

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rule. This bill adds fire prevention codes to this definition, thereby authorizing counties to incorporate such codes by reference.

passed Senate.

OTHER SB 0102 by Massey / HB 0117 by Dunn Agriculture - As introduced, removes prohibition against selling produce raised in community gardens. - Amends TCA Title 43, Chapter 24, Part 1. Now Public Chapter 3.

Status

House – Introduced; assigned to Agriculture and Natural Resources Subcomm.; on calendar for 2\13; passed subcomm.; on calendar for full comm. For 2‐19; passed committee; placed on Calendar and Rules for 2‐21; placed on floor calendar for 2‐28; passed House; signed by speaker.

Senate – Introduced; assigned to Energy, Agriculture and Nat. Resources Comm.; on calendar for 2‐20; passed committee; on Senate consent calendar for 2‐25; passed Senate; signed by speaker.

SB 0300 by Niceley / HB 0394 by Hardaway Local Government, General ‐ As introduced, rewrites the Community Gardening Act and makes certain changes to empower local governments to establish community gardens as well as encourage participation in gardening and eating garden produce. ‐ Amends TCA Title 43, Chapter 24, Part 1; Title 49; Title 67 and Title 71. Summary – This bill removes the requirement in existing law for the Commissioner of Agriculture to approve a permit for a community garden. Local governments will be the responsible party. The bill further provides:

Status

House – Introduced; assigned to Local Gov. Subcomm.; on calendar for 3‐6; passed Subcomm.; on calendar for full committee for 3‐12; passed committee; on floor calendar for 3‐21; passed House.

Senate – Introduced; assigned to Energy, Agriculture and Nat.

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(1) Specify that community gardens may be used to grow trees; (2) Authorize the sale of produce from community gardens so long as all proceeds are used to defray the cost of operating and maintaining the community garden. This bill would make sales of community gardening produce exempt from the sales tax in the same manner as sales from farmers to consumers at farmers' markets under present law; (3) Specify that if there is a shortage of parcels or space for community gardening, then first priority in the allotment of public land should be given to collaborative projects between persons 60 years of age or older and students in grades kindergarten through 12 (K‐12) and second priority should be given to persons 60 years of age or older and persons whose gross annual income is equal to or less than the federal poverty guidelines. The state board of education, in cooperation and consultation with the department of health, the department of agriculture and the department of finance and administration, must develop and implement a program to promote the participation of K ? 12 students in the development and maintenance of community gardens. Such program may include offering elective credits for students' participation in community gardening; (4) Authorize local governments to convey delinquent tax sale property to non‐profit organizations that are qualified to operate and maintain a community garden in the judgment of the officers of the local government. If the non‐profit ceases to use the property for community gardening, ownership of the property will revert to the local government; and (5) Require the commission on aging and disability to make information concerning the benefits of eating garden produce available to older persons for the purpose of increasing participation in community gardening. This bill would apply to tax years beginning on or after January 1, 2014.

Resources Comm.; on calendar for 3‐20; placed in General Subcommittee stopping action.

SB 1106 by Kyle / HB 0405 by Turner J Food and Food Products ‐ As introduced, authorizes local governments to sell property suitable for community gardens to certain tax exempt nonprofit entities with certain conditions. ‐ Amends TCA Title 43. Summary – Present law generally requires local government entities to convey property that is purchased at a delinquent tax sale by the local government by selling such property for fair market value, although, present law authorizes local governments to dispose of such property by conveying the property to another governmental entity or conveying the property to a nonprofit organization that provides affordable housing.

Status

House – Introduced; assigned to Agriculture and Natural Resources Subcomm.; on calendar for 3‐20; deferred until 3‐27; taken off notice stopping action;

Senate – Introduced; assigned to State & Local Comm.; placed in

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This bill adds to present law by authorizing local government entities to convey property that is purchased at a delinquent tax sale by the local government and that is suitable for community gardening to a private nonprofit entity that meets all of the following conditions, on any terms, including a donation, deemed appropriate to the officers: (1) The entity is certified as a tax exempt entity under ? 501(c)(3) of the Internal Revenue Code; (2) The entity is qualified to operate and maintain a community garden; and (3) Ownership of the property will revert to the municipality or county if the entity, or a successor nonprofit entity ceases to operate and maintain a community garden on the property.

General Subcommittee stopping action.

SB 0399 by Southerland / HB 1027 by Dean Highway Signs ‐ As introduced, establishes brightness criteria for changeable message signs. ‐ Amends TCA Title 13; Title 29 and Title 54. Summary – This bill establishes brightness criteria for changeable message signs, which are off‐premise advertising signs that display a series of messages using a digital display or mechanical rotating panels. This bill would apply to all changeable message signs located in this state operated pursuant to a permit issued by either the department of transportation or by a local government. This bill specifies that the brightness of light emitted from a changeable message sign may not exceed 0.3 foot candles over ambient light levels measured at a distance of: (1) 150 feet for those sign faces less than or equal to 300 square feet; (2) 200 feet for those sign faces greater than 300 square feet but less than or equal to 378 square feet; (3) 250 feet for those sign faces greater than 378 square feet and less than 672 square feet; and (4) 350 feet for those sign faces at least 672 square feet.

Status

House – assigned to Trans. Subcomm.; on calendar for 3‐13; deferred until 3‐20; deferred until 3‐260; passed with an amendment; on full committee calendar for 4‐2; passed comm.; assigned to Finance Comm; passed committee on 4‐9; passed House.

Senate – Introduced; assigned to Trans. Comm.; on calendar for 3‐20; passed comm.; referred to State & Local Comm.; on calendar for 3‐20; passed with amendment; referred to State & Local Comm.; passed with amendment; bill recalled; amendment #2 withdrawn; referred to calendar comm.; on Senate floor for 4‐10; passed Senate.

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SB 1008 by Gresham / HB 0444 by Keisling Statutes and Codification ‐ As introduced, defines adequate public notice throughout the code as including, but not limited to, publication of the public meeting or deadline in a newspaper of general circulation, posting notice on an Internet web site or in local newspapers, and posting notice in the building where the meeting or deadline will occur. ‐ Amends TCA Section 1‐3‐105. Summary – This bill provides, for general purposes through state law requiring public notice that "adequate public notice" includes, but is not limited to, the following actions: (1) Regarding adequate public notice of a public meeting, publication of the notice, including a statement of the date, time, place, and purpose of the meeting: (A) In a newspaper of general circulation in the relevant area or jurisdiction at least five days before the meeting; and (B) On the Internet web site of the public entity at least three days before the meeting; or (C) In a newspaper published in the relevant area with either a paid or free circulation at least five days before the meeting; (D) On the Internet web site of the public entity at least three days before the meeting; and (E) In a conspicuous location within the building where the meeting is to take place at least three days before the meeting; and (2) Regarding adequate public notice for deadlines, including, but not limited to, notice of a deadline for taking action, publication of the notice, and any information relative to compliance requirements, including, but not limited to, date, time, and place: (A) In a newspaper of general circulation in the relevant area or jurisdiction at least five days before the deadline or other relevant date; and (B) On the Internet web site of the public entity at least three days before the deadline; or (C) In a newspaper published in the relevant area with either a paid or free circulation at least five days before the deadline or other relevant date; (D) On the Internet web site of the public entity at least three days before the deadline or other relevant date; and (E) In a conspicuous location within the building where the action to comply is to take place at least three (3) days before the deadline or other relevant date.

Status

House – Introduced; assigned to State Gov. Subcomm.; no action taken.

Senate – Introduced; assigned to State & Local Gov. Comm.; placed in General Sub. on 3‐26.

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If it is unreasonable to fully comply with the requirements of (1)(A) as described above and the public meeting is necessary for the public welfare, then adequate public notice means notice made as closely as possible to the standards set forth in (1)(A).

SB 0619 by Norris / HB 0700 by Holt Agriculture ‐ As introduced, prohibits counties from enforcing local ordinances directed at persons, property, farm operations or activity on land zoned agricultural that seek to restrict the free exercise of certain rights; places penalties and liability on any county, county official or county employee who violates such prohibitions. ‐ Amends TCA Title 43, Chapter 26. Note: The senate sponsor has indicated that this bill won’t move until after the Supreme rules in the Blount County right to farm case. Summary – Under present law, the Tennessee Right to Farm Act provides, generally, a rebuttable presumption that a farm or farm operation is not a public or private nuisance. Present law defines "farm operation" as a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. This bill extends the rebuttable presumption of the Act by redefining "farm operation" to include, in addition to the activities described above: the sale of certain items, such as art, literature, artifacts, furniture, food, beverages and other items that are incidental to the farm, and constitute less than a majority amount of production or sales or annual revenues from such sales. Under this bill, any local ordinance will be null and void that is directed at persons, property, farm operations or activity on land zoned agricultural that seeks to restrict the free exercise of rights guaranteed by the Constitution of Tennessee or the United States Constitution. Any county that violates this provision will be liable to the aggrieved persons in an amount equal to the total amount of fines and penalties that the county seeks to impose on such aggrieved persons, plus any attorney

Status

House – assigned to Agriculture and Natural Resources Subcommittee; no action taken.

Senate – assigned to En. AG. & NR. Comm.; no action taken.

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fees incurred by such aggrieved persons. Any official or employee of a county who violates this provision, or whose interpretation or enforcement of duties operates contrary to this provision, will: (1) Be personally liable to aggrieved persons in an amount equal to the total amount of fines and penalties that such county official or employee seeks to impose on such aggrieved persons, plus any attorney fees incurred by such aggrieved persons; and (2) Be subject to the penalties that the official or employee seeks to impose, whether civil or criminal. This bill specifies that no such official or employee will be protected: (1) By sovereign immunity for causes of action in trespass or tort; or (2) By the Tennessee Governmental Tort Liability Act.

SB 1127 by Yager / HB 855 by Keisling Taxes, Exemption and Credits ‐ As introduced, revises criteria relating to approval of an adventure tourism district; expands the availability of certain tax credits to various types of qualified business enterprises; revises other provisions related to adventure tourism districts. ‐ Amends TCA Title 11, Chapter 11 and Title 67, Chapter 4. Summary – This bill, as described below, expands the availability of an additional job tax credit to various types of qualified business enterprises, revises the criteria that must be met for approval of an adventure tourism district, and requires that certain signs and contracts of an adventure tourism professional or business provide that the state is held harmless for any act of approval of an adventure tourism business.

Status

House – assigned to State Gov. Subcomm.; on calendar for 3‐20; deferred until 3‐26; passed subcomm. with amendment; on committee calendar for 4‐2; passed comm.; assigned to Finance Subcomm.; passed; passed full committee on 4‐10; passed House.

Senate – Introduced; assigned to Tax Subcomm. of Finance, Ways & Means; on calendar for 3‐18; passed sub.; on committee calendar for 3‐26; passed committee; passed Senate on 4‐8.

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SB 1072 by Burks / HB 0562 by Williams R Sunset Laws ‐ As introduced, creates sunrise provisions for state development districts and human resource agencies, June 30, 2015; reduces the number of members who serve on development district and human resource agency boards. ‐ Amends TCA Title 4, Chapter 29, Part 2; Title 13, Chapter 26 and Title 13, Chapter 14. Summary ‐ This bill places the following agencies in the governmental entity review cycle, with a June 30, 2015, termination date: East Tennessee development district; First Tennessee development district; Greater Nashville regional council; Memphis area association of governments; Northwest Tennessee development district; South central Tennessee development district; Southeast Tennessee development district; Southwest Tennessee development district; and the Upper Cumberland development district. Under present law, the membership of development district boards consist of the county mayor of each county within the district, the mayor of each municipality within the district, the chief executive officer of any metropolitan government within the district, one representative from a local agency in each county dealing with problems of industrial development or promotion appointed by the county mayor, and one (state senator and one state representative whose senatorial or representative districts lie wholly or in part in the development district. This bill revises the board membership to be the county mayor of each county within the district, or an appointee of the county mayor of each county with knowledge of problems concerning industrial development or promotion; the chief executive officer of any metropolitan government within the district; and one state senator and one state representative whose senatorial or representative districts lie wholly or in part in the development district. Similarly, the membership of the governing board under the Human Resource Agency Act consists of the county mayor of each county within the district, the mayor of each municipality within the district, the chief executive officer of any metropolitan government within the district, one representative from a local agency in each county knowledgeable of and dealing with the problems concerning human resource agencies appointed by the county mayor or chair, and one state senator and one state representative whose senatorial or representative districts lie wholly or in part within

Status

House – Assigned to State Gov. Subcomm.; on calendar for 2‐27; action deferred until last calendar; on calendar for 3‐26; passed sub with amendment; on committee calendar for 4‐2; deferred to 2014.

Senate – Introduced; assigned to Gov. Ops Comm.; on calendar for 4‐3; deferred to 4‐10; no action taken.

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the development district. This bill revises the membership of the governing board to be: the county mayor of each county within the district, or an appointee of the county mayor of each county with knowledge of problems concerning human resource agencies; the chief executive officer of any metropolitan government within the district; and one state senator and one state representative whose senatorial or representative districts lie wholly or in part within the development district.

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