web viewhouse criminal justice committee amendment 1 (004307) includes delivering or selling a...

Farrar & BatesTennessee Association of Realtors2015 Bill Tracking ReportsApril 17, 2015

Agriculture - 1

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

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

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

Senate Status 03/26/2015 - Senate State & Local Government Committee recommended with amendment 1. Sent to Senate Calendar Committee.

House Status 04/14/2015 - House Finance Committee deferred to the final calendar.Position Monitor

Construction - 1

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

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

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

Senate Status 03/31/2015 - Failed in Senate Commerce & Labor Committee for lack of a second.

House Status 04/01/2015 - Taken off notice in House Business & Utilities Committee.Position Monitor

Criminal Law - 6

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SB99 / HB88 Revising registry of abused, neglected, or misappropriated property. Category Criminal LawSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Defines "abuse" and "neglect" as used for the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals. Directs commissioner of health to create rules for the administration of maintaining the registry. Extends time to appeal inclusion on registry to 60 days after notification of inclusion on registry. Part of Administration Package.

Senate Status 02/23/2015 - Senate passed.House Status 03/30/2015 - House passed.

Executive Status 04/14/2015 - Enacted as Public Chapter 0094 effective April 10, 2015.Position Monitor

Comment Applies to personal propertySB565 / HB575 Crimes regarding structure declared unfit for human occupation or use.

Category Criminal LawSponsors Sen. Doug Overbey / Rep. Dale Carr

Description Creates Class B misdemeanor for violating an order to vacate a structure declared unfit for human occupation or use, and for an owner, manager, or person responsible for a structured declared unfit for human consumption or use to permit or facilitate occupancy of the structure.

Amendment Senate Judiciary Committee amendment 1, House amendment 1 (003744) changes the word "permits" to "authorizes."

Senate Status 04/14/2015 - Senate passed.House Status 03/19/2015 - House passed with amendment 1 (003744), which changes the

word "permits" to "authorizes."Executive Status 04/14/2015 - Sent to the speakers for signatures.

Position MonitorSB638 / HB843 Enacts "Neighborhood Protection Act."

Category Criminal LawSponsors Sen. Jack Johnson / Rep. Antonio Parkinson

Description Authorizes organized residential entities recognized by state or local law with defined boundaries referenced in the entity's residential charter to seek an injunction or restraining order prohibiting certain offenders from entering the boundaries of the residential area. Sets forth criteria for which an injunction or restraining order may be sought. Specifies that injunction or restraining order is effective for 1 year, unless dissolved or modified by court, and may be renewed upon motion by residential entity to which it was granted.

Amendment House Criminal Justice Committee amendment 1 (004307) includes delivering or selling a controlled substance, criminal gang activity, prostitution, theft, if the value of the property or services obtained exceeds $500, and vandalism to the list of activities that a neighborhood association

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or similarly organized residential entity may seek an injunction or residential order against under this bill. SENATE AMENDMENT 1 (006087) includes delivering or selling a controlled substance, criminal gang activity, prostitution, theft, if the value of the property or services obtained exceeds $500, and vandalism to the list of activities that a neighborhood association or similarly organized residential entity may seek an injunction or residential order against under this bill. Specifies effective date of July 1, 2015 and clarifies that it applies to all persons who commit a third or subsequent offense after the effective date.

Senate Status 04/16/2015 - Senate passed with amendment 1 (006087), which includes delivering or selling a controlled substance, criminal gang activity, prostitution, theft, if the value of the property or services obtained exceeds $500, and vandalism to the list of activities that a neighborhood association or similarly organized residential entity may seek an injunction or residential order against under this bill. Specifies effective date of July 1, 2015 and clarifies that it applies to all persons who commit a third or subsequent offense after the effective date.

House Status 04/15/2015 - House deferred to 04/20/15.Position Support

SB709 / HB759 Use of drones for land surveying. Category Criminal LawSponsors Sen. John Stevens / Rep. Andy Holt

Description Specifies that only a duly registered land surveyor may lawfully use an unmanned aircraft for land surveying.

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

Position MonitorSB887 / HB1034 Time to report crime in order to recover stolen property.

Category Criminal LawSponsors Sen. Brian K. Kelsey / Rep. Martin Daniel

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

Senate Status 04/01/2015 - Taken off notice in Senate Judiciary Committee after adopting amendment 1.

House Status 03/31/2015 - Taken off notice in House Business & Utilities Subcommittee.Position Monitor

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

Description Changes the size requirement, from 24 inches horizontally by 18 inches vertically to 48 inches horizontally and 36 inches vertically, for the posted

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notice regarding criminal violations for a metals recycling facility.Amendment House Criminal Justice Committee amendment 1 (005547) authorizes a law

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

Senate Status 04/08/2015 - Taken off notice in Senate Judiciary Committee.House Status 04/08/2015 - House Business & Utilities Committee deferred to 2016.

Position Support

Economic Development - 2

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

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

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

calendar.Position Support

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

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

Senate Status 03/17/2015 - Taken off notice in Senate State & Local Government Committee.

House Status 03/12/2015 - Withdrawn in House.Position Monitor

Education - 1

HB842 Higher education institutions - student housing without sprinklers. Category EducationSponsors Rep. John Mark Windle

Description Permits certain student residences housing fewer than ten students at public higher education institutions to be occupied although the residences do not have sprinklers.

Senate Status NoneHouse Status 03/17/2015 - Taken off notice in House Business & Utilities Subcommittee.

Position Monitor

Energy & Mining - 1

SB1043 / HB237 Property Assessed Clean Energy Act. Category Energy & MiningSponsors Sen. Steve Southerland / Rep. Bill Dunn

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

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

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

House Status 03/25/2015 - House Agriculture & Natural Resources Subcommittee deferred to 2016.

Position Monitor

Environment & Nature - 2

SB68 / HB246 Liability protection to landowners for recreational activities. Category Environment & NatureSponsors Sen. John Stevens / Rep. Andrew Farmer

Description Extends liability protections to landowners who have activities involving sporting clays, shooting sports, and target shooting, including archery and shooting range activities, occurring on their property.


Executive Status 04/10/2015 - Enacted as Public Chapter 0053 effective April 6, 2015.Position Monitor

SB1049 / HB857 Proposed landfill owner to provide notice to nearby property owners. Category Environment & NatureSponsors Sen. Jeff Yarbro / Rep. Bill Beck

Description Requires a proposed landfill owner to provide notice to persons owning property within a five-kilometer radius, instead of the previous three-mile radius, 15 days in advance of any scheduled hearing. Broadly Captioned.

Senate Status 02/19/2015 - Referred to Senate Energy, Agriculture & Natural Resources Committee.

House Status 02/19/2015 - Referred to House Agriculture & Natural Resources Subcommittee.

Position Monitor

Estates & Trusts - 1

SB465 / HB898 Tennessee Uniform Real Property Transfer on Death Act. Category Estates & TrustsSponsors Sen. Mike Bell / Rep. Kevin Brooks

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

Senate Status 03/24/2015 - Taken off notice in Senate Judiciary Committee.

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House Status 03/18/2015 - Taken off notice in House Civil Justice Subcommittee.Position Monitor

Government Regulation - 3

SB79 / HB69 Civil penalties assessed by state fire marshal and commissioner. Category Government RegulationSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Broadens grounds on which state fire marshal and commissioner of commerce and insurance may refuse to issue, renew, suspend, or revoke a certificate of registration or license regarding fire protection sprinkler systems, fire extinguishers and related equipment, and liquefied petroleum gas. Allows fire marshal and commissioner to impose civil penalties of not more than $1000 per violation of promulgated rules or state law. Clarifies procedures for hearing and review of cases involving registration or licensure for liquefied petroleum gas. Part of Administration Package.

Amendment House State Government Committee amendment 1 (004498) rewrites the bill. Authorizes the State Fire Marshal to assess a civil penalty for second and subsequent violations against fire protection sprinkler contractors, fire extinguisher specialists, technicians or firms, and liquid petroleum gas dealers for each applicable violation of any state law, rule or regulation. Such civil penalties include: (1) $100 or less for a second violation, (2) $500 or less for a third violation, and (3) $1,000 or less for a fourth violation.

Senate Status 03/02/2015 - Senate passed.House Status 04/16/2015 - House deferred to 04/20/15.

Position MonitorSB474 / HB787 Prohibits requirement for fire sprinkler in townhouses.

Category Government RegulationSponsors Sen. Mike Bell / Rep. Ryan Williams

Description Exempts the requirement of fire sprinkler systems for townhouses. Defines "townhouses" and requires them to be considered a separate building with independent exterior walls separated by a two-hour fire resistance rated wall assembly. Requires townhouses to be built according to local and statewide adopted building codes.

Amendment Senate amendment 1 (004568) specifies that a townhouse must be built according to local and statewide adopted building codes, but that a fire sprinkler system will not be required for a townhouse. Allows local governments to adopt mandatory sprinkler requirements for townhouses by local ordinance if passed by a two-thirds vote.

Senate Status 03/26/2015 - Senate passed with amendment 1.House Status 04/13/2015 - House passed.

Executive Status 04/13/2015 - Sent to the speakers for signatures.Position Monitor

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SB987 / HB914 Accept payments in lieu of taxes from certain lessees. Category Government RegulationSponsors Sen. Mark S. Norris / Rep. Pat Marsh

Description Authorizes industrial development corporations and health, educational, and housing facility corporations created by counties or cities to accept payments in lieu of taxes from lessees of low-income housing projects, provided that they meet certain conditions.

Amendment SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005993) specifies that the authority for a corporation to negotiate and receive from a lessee of the corporation payments in lieu of taxes with respect to a tax-credit housing project when that authority has been delegated to a corporation by a municipality is not limited. Changes effective date to July 1, 2015. HOUSE AMENDMENT 1 (003786) specifies that the authority for a corporation to negotiate and receive from a lessee of the corporation payments in lieu of taxes with respect to a tax-credit housing project when that authority has been delegated to a corporation by a municipality is not limited. HOUSE AMENDMENT 2 (005079) changes effective date to July 1, 2015.

Senate Status 04/16/2015 - Set for Senate Finance, Ways & Means Committee- Bills Behind the Budget 04/16/15.

House Status 04/14/2015 - House passed with amendments 1 and 2. House amendment 1 (003786) specifies that the authority for a corporation to negotiate and receive from a lessee of the corporation payments in lieu of taxes with respect to a tax-credit housing project when that authority has been delegated to a corporation by a municipality is not limited. House amendment 2 (005079) changes effective date to July 1, 2015.

Position Monitor

Insurance General - 3

SB172 / HB531 Required insurance - loaning money secured by real property. Category Insurance GeneralSponsors Sen. Bill Ketron / Rep. David Shepard

Description Prohibits a person who is loaning money or extending credit that is secured by real property from requiring insurance that exceeds the value of the structures or the expected value of the structures on the real property.

Amendment Senate amendment 1 (004204) establishes that, in the case of a construction or improvement loan, no insurance shall exceed the replacement value the structures are expected to have upon completion of the construction or improvements.

Senate Status 04/02/2015 - Senate passed with amendment 1 (004204), which establishes that, in the case of a construction or improvement loan, no insurance shall exceed the replacement value the structures are expected to have upon

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completion of the construction or improvements.House Status 04/08/2015 - House passed.

Executive Status 04/14/2015 - Sent to governor.Position Monitor

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

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

Senate Status 03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.House Status 02/11/2015 - Referred to House Insurance & Banking Subcommittee.

Position MonitorSB291 / HB253 Broadens sinkhole definition for insurance purposes.

Category Insurance GeneralSponsors Sen. Jim Tracy / Rep. Ron Travis

Description Broadens the definition of a "covered building," now to be labeled as a "covered structure," for purposes of sinkhole insurance coverage to include the residential structure and the contents of the personal property contained within the structure.


Executive Status 04/16/2015 - Signed by governor.Position Support

Judiciary - 1

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

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

Senate Status 04/07/2015 - Senate Judiciary Committee deferred to 2016.House Status 03/16/2015 - House passed.

Position Monitor

Labor Law - 1

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SB1058 / HB994 Discharge of employee for storing firearm in parking lot. Category Labor LawSponsors Sen. Mark Green / Rep. Curry Todd

Description Creates a cause of action against an employer for discharge or adverse employment action based solely on transportation or storage of a firearm or firearm ammunition in an employer parking lot. Establishes burden of establishing prima facie case of discharge with the employee.


Executive Status 04/10/2015 - Enacted as Public Chapter 0080 effective July 1, 2015.Position Monitor

Local Government - 12

SB287 / HB137 Eminent domain - deadline for owners to commence actions. Category Local GovernmentSponsors Sen. John Stevens / Rep. William G. Lamberth

Description Specifies which actions relating to eminent domain cases need to be commenced within 12 months after land has been actually taken possession of and the work of the proposed internal improvement has begun.

Amendment Senate amendment 1 (005904) deletes and replaces certain language of the bill such that the amended bill requires all landowner actions that could be brought for jury inquest or damages for seizures under eminent domain to commence within 12 months of the land actually being possessed and the improvement work beginning.

Senate Status 04/13/2015 - Senate passed with amendment 1 (005904), which deletes and replaces certain language of the bill such that the amended bill requires all landowner actions that could be brought for jury inquest or damages for seizures under eminent domain to commence within 12 months of the land actually being possessed and the improvement work beginning.

House Status 04/16/2015 - House concurred in Senate amendment 1.Executive Status 04/16/2015 - Sent to the speakers for signatures.

Position MonitorSB563 / HB124 County clerks to charge a fee for same day title and online services.

Category Local GovernmentSponsors Sen. Doug Overbey / Rep. Dale Carr

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

Senate Status 02/12/2015 - Referred to Senate State & Local Government Committee.

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House Status 02/25/2015 - Taken off notice in House Local Government Subcommittee.Position Monitor

SB749 / HB779 Abolishes deannexation by ordinance. Category Local GovernmentSponsors Sen. Bo Watson / Rep. Mike Carter

Description Requires deannexation of territory containing a street, highway, avenue, boulevard, publicly-owned right-of-way, bridge, tunnel, public parking area, or any other public way dedicated to public use and maintained for general public travel to take place by a vote of two-thirds of the county legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change.

Amendment SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (004496) deletes and rewrites the bill in its entirety. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005698) Authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. (005698) rewrites the bill. Specifies a six month time table for the municipality to submit a map of deannaxed streets. Establishes a one year time table for the commissioner to revise and reallocate distributed funds to the municipality or county for maintenance of roads. Requires a two-thirds vote of a municipal legislative body in order for the municipality to rescind the deannexation prior to the reallocation of any funds. Specifies what a petition for deannexation must contain. Specifies procedures and rules for election commission during referendum for deannexation. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 2, HOUSE LOCAL GOVERNMENT SUBCOMMITTEE 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 LOCAL GOVERNMENT SUBCOMMITTEE AMENDMENT 1 TO 2 allows for land to be used with industrial, residential, or commercial purposes.

Senate Status 03/26/2015 - Senate State & Local Government Committee recommended with amendments 1 and 2. Sent to Senate Calendar Committee.

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House Status 04/14/2015 - House Finance Committee deferred to the final calendar.Position Monitor

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

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

Amendment House Local Government Committee amendment 1, Senate State & Local Government Committee amendment 1 (005287) rewrites the bill. Sets a sixty day time frame as to the amount of time members of a coordinating committee have to reconvene if called to do so by a county mayor. Allows for certain counties with smaller populations to opt out.

Senate Status 03/26/2015 - Senate State & Local Government Committee recommended with amendment 1 (005287). Sent to Senate Calendar Committee.

House Status 04/14/2015 - House Finance Subcommittee placed behind the budget after adopting amendment 1 (005513).

Position MonitorSB754 / HB778 Allows certain property owners to vote in an annexation referendum.

Category Local GovernmentSponsors Sen. Bo Watson / Rep. Mike Carter

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

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

Senate Status 04/08/2015 - Re-referred to Senate Calendar Committee.

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House Status 04/14/2015 - Failed in House Finance Subcommittee.Position Monitor

SB755 / HB608 Abolishing annexation by ordinance. Category Local GovernmentSponsors Sen. Bo Watson / Rep. Mike Carter

Description Assists the implementation of the provisions of Chapter 707 of the Public Acts of 2014 to abolish annexation by ordinance.

Amendment Senate State & Local Government Committee amendment 1 (005060) adds language to the bill that proposes removing the language "by ordinance" from several sections of law concerning annexation. Clarifies that annexation is effectuated by resolution, rather than by ordinance. HOUSE AMENDMENT 1 (006091) adds language to the bill that proposes removing the language "by ordinance" from several sections of law concerning annexation. Clarifies that annexation is effectuated by resolution, rather than by ordinance. Specifies, in certain situations, when an annexation of a smaller municipality by a larger municipality is to be performed by ordinance or by certification of the election results with the majority of the voters.


House Status 04/14/2015 - House passed with amendment 1 (006091), which adds language to the bill that proposes removing the language "by ordinance" from several sections of law concerning annexation. Clarifies that annexation is effectuated by resolution, rather than by ordinance. Specifies, in certain situations, when an annexation of a smaller municipality by a larger municipality is to be performed by ordinance or by certification of the election results with the majority of the voters.

Position MonitorSB767 / HB816 Authorizes a municipality to contract its limits by ordinance.

Category Local GovernmentSponsors Sen. Frank Niceley / Rep. Billy Spivey

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



SB880 / HB986 Revises provisions on offering condemned property to former owners. Category Local Government

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

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

Senate Status 03/24/2015 - Taken off notice in Senate Judiciary Committee.House Status 03/25/2015 - Taken off notice in House Civil Justice Subcommittee.

Position SupportSB908 / HB971 Time to post notice before hearing on establishing housing authority.

Category Local GovernmentSponsors Sen. Ferrell Haile / Rep. Joe Pitts

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

Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/24/2015 - Referred to House Local Government Subcommittee.

Position MonitorSB983 / HB1045 Revisions to apportionment, planning, and annexation.

Category Local GovernmentSponsors Sen. Mark S. Norris / Rep. Tim Wirgau

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


House Status 02/24/2015 - Referred to House Local Government Subcommittee.Position Monitor

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

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

Senate Status 03/18/2015 - Taken off notice in Senate Health & Welfare Committee.House Status 02/24/2015 - Referred to House Health Subcommittee.

Position MonitorSB1195 / HB1137 Annexing municipality - providing of utility services.

Category Local Government

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Sponsors Sen. Mae Beavers / Rep. Susan LynnDescription Provides an aggrieved party with the right to appeal the findings of the water

and wastewater authority board to the circuit court. Clarifies that an annexing municipality possesses the exclusive right to provide utility services in annexed areas if the municipality chooses to provide such services. Broadly captioned.

Senate Status 03/26/2015 - Senate State & Local Government Committee deferred to 04/07/15.

House Status 03/24/2015 - Failed in House Business & Utilities Subcommittee.Position Monitor

Media & Publishing - 2

SB96 / HB85 Requirements for advertisement seeking to lease space for state use. Category Media & PublishingSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Allows any state agency to advertise the need for lease space on the state procurement office's website. Requires advertisement to be posted on the website at least two weeks before proposals are opened. Increases the annual rental amount to $50,000 for leases not requiring advertising. Part of Administration Package.

Amendment House State Government Committee amendment 1, Senate Amendment 1 (004353) rewrites the bill. Defines entity as any state agency, department, or institution of higher education of the state. Authorizes an entity's state procurement agency, to publish advertisements for needed lease space on such entity's website at least two weeks before proposals are opened. Increases, from $25,000 to $50,000, the amount of a lease for which advertising is not required. Advertising is not required for (1) lease renewals where the right to renew and the rates for such renewal rate was included in the original lease (2) extensions to the term of a lease by one year or less beyond the expiration date set forth in the original lease; or (3) other amendments to the lease required by State Building Commission policies.

Senate Status 04/16/2015 - Senate passed with amendment 1.House Status 04/16/2015 - House deferred to 04/20/15.

Position MonitorSB1027 / HB1068 Posting of notices on secretary of state's website.

Category Media & PublishingSponsors Sen. Bill Ketron / Rep. Bryan Terry

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

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publishing fee of $50.00 is paid to the secretary of state.Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 02/23/2015 - Referred to House State Government Subcommittee.

Position Monitor

Professions & Licensure - 5

SB69 / HB50 Continuing education course requirements for real estate broker. Category Professions & LicensureSponsors Sen. Steve Southerland / Rep. Art Swann

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

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

Position MonitorSB78 / HB68 Increasing authority of the state board for licensing contractors.

Category Professions & LicensureSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Expands types of activities that state board for licensing contractors may penalize. Specifies that a certified copy of a final order or certified copy of an unappealed citation constitutes a sufficient showing to warrant issuance of court order to enforce board's penalties. Increases maximum penalty for violations and for engaging in home improvement business without a license to $1000. Part of Administration Package.



SB81 / HB71 Revises various requirements for certain licensed professions. Category Professions & LicensureSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Adds new grounds on which board of examiners may refuse to issue or renew, or suspend or revoke registration for an architect, engineer, landscape architect, or registered interior designer. Combines fees collected from licensing limited licensed plumbers and limited licensed electricians to pay the costs of administering those licenses. Makes various other revisions regarding licensure for engineers, auctioneers, and collection services. Broadly captioned. Part of Administration Package.

Amendment Senate amendment 1 (003760) makes technical revisions reflecting the joint collection of fees for limited licensed plumbers and limited licensed electricians and correcting a citation to the code.


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SB192 / HB62 Real estate brokers - response to complaint of misconduct. Category Professions & LicensureSponsors Sen. Rusty Crowe / Rep. Jimmy Matlock

Description Increases the amount of time a real estate broker, affiliate broker, time-share salesperson, or acquisition agent has to respond to a complaint of professional misconduct to 30 days. Broadly Captioned.


Position Not Running BillSB1041 / HB940 Retention of records for scrap metal dealers.

Category Professions & LicensureSponsors Sen. Steve Southerland / Rep. Judd Matheny

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

Senate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.House Status 03/31/2015 - Taken off notice in House Business & Utilities Subcommittee.

Position Support

Property & Housing - 33

SB64 Tennessee real estate commission courses. Category Property & HousingSponsors Sen. Steve Southerland

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

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

Position Not Running BillSB67 / HB29 Eviction notice for certain actions.

Category Property & HousingSponsors Sen. John Stevens / Rep. Bill Sanderson

Description Allows a landlord to provide three days' notice, as sufficient notice of termination of tenancy, for eviction of certain residential tenants if the tenants engage in certain violent activities.

Amendment House Amendment 1, Senate Commerce & Labor Committee Amendment 1 (004031) specifies that the three days' notice of eviction is not sufficient notice to evict residential tenants who are mentally or physically disabled from a housing authority.

Senate Status 04/02/2015 - Senate passed.House Status 03/30/2015 - House passed with amendment 1.

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Executive Status 04/08/2015 - Sent to governor.Position Support

SB77 / HB67 Regulation of manufactured homes. Category Property & HousingSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Revises definition of "manufacturer" to apply only to the manufacturing and assembling of "new" manufactured homes. Defines "personal use" as property that a person does not use for business purposes and the use of which is not substantially connected with a trade or business or an activity for the production or collection of income. Removes park trailers from the rules regarding the manufacturing, selling, and leasing of manufactured home. Allows commissioner of commerce and insurance to set the license fee instead of the current fixed licensing fee. Revises the civil penalty per violation and the maximum civil penalty for related violations. Revises requirements for installation instructions. Part of Administration Package.

Amendment Senate amendment 1, House Business & Utilities Subcommittee amendment 1 (005691) clarifies definition of "personal use." Implements the maximum statutory caps on fees which shall be established by the commissioner in rules promulgated pursuant to the UAPA. Makes other changes.

Senate Status 04/06/2015 - Senate passed with amendment 1 (005691), which clarifies definition of "personal use." Implements the maximum statutory caps on fees which shall be established by the commissioner in rules promulgated pursuant to the UAPA. Makes other changes.

House Status 04/14/2015 - House Government Operations Committee recommended. Sent to House Finance.

Position MonitorSB145 / HB248 Real estate commission - continuing education course.

Category Property & HousingSponsors Sen. Steve Southerland / Rep. Andrew Farmer

Description Requires the real estate commission to approve any continuing education course that is at least one hour long if it meets all requirements of the commission that are not related to course length. Supersedes current rule that requires courses be at least two hours long.


Executive Status 04/10/2015 - Enacted as Public Chapter 0061 effective July 1, 2015.Position Support - TAR Bill - Caption

SB193 / HB38 Requirements for executive director of real estate commission. Category Property & HousingSponsors Sen. Rusty Crowe / Rep. Bud Hulsey

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

Senate Status 02/11/2015 - Referred to Senate Commerce & Labor Committee.

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House Status 01/17/2015 - Referred to House Business & Utilities Subcommittee.Position Monitor

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

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

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

Position MonitorSB323 / HB292 Agricultural lands not exempt from certain requirements.

Category Property & HousingSponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Specifies that agricultural lands located within an identified special flood hazard area located in a county participating in the national flood insurance program are not exempt from building permit requirements and other county zoning regulations. Part of Administration Package.

Amendment SENATE AMENDMENT 1 (005733) rewrites this bill to provide that buildings and development within the one hundred-year floodplain in a county participating in the national flood insurance program must be regulated by the county, but only to the minimum extent necessary to comply with the national flood insurance program.

Senate Status 04/06/2015 - Senate passed with amendment 1 (005733), which allows counties to participate in the national flood insurance program.

House Status 04/09/2015 - House passed.Executive Status 04/15/2015 - Sent to governor.

Position SupportSB382 / HB177 Infrastructure improvements - final subdivision plat approval.

Category Property & HousingSponsors Sen. Bill Ketron / Rep. Susan Lynn

Description Revises and creates new condition precedents to the final approval of subdivision plats. Permits the regional planning commission to grant final approval of a subdivision plat subject to the submittal and acceptance of a bond or other method of assurance. Requires the bond or other assurance method to provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission. Eliminates criminal penalty for transferring land before subdivision plat approval and before the final plat is recorded.


19






SB405 / HB610 Tennessee Homeowners Association Act. Category Property & HousingSponsors Sen. Doug Overbey / Rep. Mike Carter

Description Enacts the "Tennessee Homeowner's Association Act." Establishes rules, regulations, guidelines, and penalties for the creation and governance of Tennessee homeowner's associations. Exempts condominiums and timeshares from this act. (37 pp.)

Senate Status 03/31/2015 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/31/2015 - House Business & Utilities Subcommittee deferred to 2016.

Position SupportSB438 / HB428 Landowner notification of bill of rights in condemnation proceedings.

Category Property & HousingSponsors Sen. Ferrell Haile / Rep. Courtney Rogers

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

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

Position SupportSB450 / HB525 Hamilton County - Neighborhood Preservation Act.

Category Property & HousingSponsors Sen. Todd Gardenhire / Rep. Patsy Hazlewood

Description Makes the Neighborhood Preservation Act applicable to Hamilton County.Senate Status 02/11/2015 - Referred to Senate State & Local Government Committee.House Status 02/18/2015 - Referred to House Local Government Subcommittee.

Position SupportSB459 / HB185 Prohibits the infringement or restriction of private property rights.

Category Property & HousingSponsors Sen. Mike Bell / Rep. Sheila Butt

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

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

20






Position MonitorSB505 / HB490 Decreases registration fee relative to Time-Share Act.

Category Property & HousingSponsors Sen. Jack Johnson / Rep. Pat Marsh

Description Decreases the registration fee for acquisition agents and their representatives, as defined in the Tennessee Time-Share Act of 1981, from $25.00 to $20.00.

Amendment Senate Amendment 1, House Business and Utilities Committee Amendment 1 (004065) deletes erroneous references to a defunct building standards code, the Southern Standard Building Code. Replaces it with the widely-utilized International Building Code. Makes minor updates to the Horizontal Property Act in statute.

Senate Status 04/06/2015 - Senate passed with amendment 1 (004065), which deletes erroneous references to a defunct building standards code, the Southern Standard Building Code. Replaces it with the widely-utilized International Building Code. Makes minor updates to the Horizontal Property Act in statute.

House Status 04/15/2015 - House deferred to 04/20/15.Position Monitor

SB548 / HB501 Secure Home Act. Category Property & HousingSponsors Sen. Todd Gardenhire / Rep. JoAnne Favors

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


Position MonitorSB549 / HB775 Zoning amendment requires written consent of property owner.

Category Property & HousingSponsors Sen. Frank Niceley / Rep. Martin Daniel

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Description Requires any zoning amendment affecting a parcel of private property to take effect only upon written consent of the owner of that property.



SB619 / HB607 Notice of certain sales of real property. Category Property & HousingSponsors Sen. Jim Tracy / Rep. Ron Travis

Description Clarifies persons to receive notice of certain sales of real property.Amendment Senate amendment 1 (005201) removes section 4 of the bill that says

provisions of this act are to be read liberally and that those persons who are entitled to notice of a sale of real property by way of foreclosure of delinquent taxes, including owners of obligations secured by deeds of trust, their agents, or nominees.



Comment TAR-SupportSB634 / HB574 Agreements allowing agricultural use of property.

Category Property & HousingSponsors Sen. Paul Bailey / Rep. Ryan Williams

Description Specifies that when a local government and private property owner have a written agreement allowing the private property owner to use the local government's real property for agricultural use, the written agreement continues to be valid if the local government sells or transfers the land to another local government or state agency. Specifies that if a private property owner is required to cease using the land after it is sold or transferred to a state agency, the agency must pay certain costs related to the termination of the land use. Broadly captioned.

Amendment Senate State & Local Government Committee amendment 1, House Local Government Committee amendment 1 (004798) deletes and replaces certain language such that the amended bill requires any state agency purchasing property that is used for agriculture purposes at the time of acquisition that subsequently ends this use on the property to provide the landowner who formerly used the property with information regarding potential grant funding for fencing and watering livestock and may work with the owner to seek such funding, if available, provided the owner is responsible for maintaining the improvements.

Senate Status 04/15/2015 - Senate Finance, Ways & Means Committee recommended. Sent to Senate Calendar Committee.

House Status 04/14/2015 - House Finance Committee deferred to the final calendar.

22




Position MonitorSB717 / HB796 Disclosure - sinkholes on property.

Category Property & HousingSponsors Sen. Mark Green / Rep. Jay D. Reedy

Description Requires a seller of real property to disclose to a buyer the presence of any known sinkhole on the property. Requires disclosure to be in writing.

Amendment Senate Amendment 1 (005682) deletes and rewrites the bill in its entirety. Requires residential real property sellers to disclose any sinkhole in writing on the residential property disclosure to potential buyers. Adds to the definition of sinkhole that is indicated through the contour lines on the property's recorded plat map. .

Senate Status 04/06/2015 - Senate passed with amendment 1 (005682), which defines sinkhole and sets out disclosure requirements of any known sinkhole on the property. Adds to the definition of sinkhole that is indicated through the contour lines on the property's recorded plat map.

House Status 04/09/2015 - House concurred in Senate amendment 1 (005682), which defines sinkhole and sets out disclosure requirements of any known sinkhole on the property. Adds to the definition of sinkhole that is indicated through the contour lines on the property's recorded plat map.


SB741 / HB822 Leases of property owned or leased by public entities. Category Property & HousingSponsors Sen. Brian K. Kelsey / Rep. Ron Lollar

Description Clarifies that where a lease for less than 50 years for real property owned by any political subdivision of the state is extended or amended, or a new lease is executed, that has a term greater than 50 years, the potential tax liability does not begin for the lessee until the 51st year of the extended, amended, or new lease. Specifies that a lease of property owned by an airport authority that exceeds 30 years is not subject to local approval and a lease negotiated with an airport authority will not be subject to having the property assessed as if the lessee were the owner.

Amendment House Local Government Committee amendment 1 (004550) deletes all language of the original bill. Authorizes Shelby County tax assessor to tax all leased government property, except for those that pay money in lieu of taxes, when the term of the lease is over thirty years without approval of the local legislative body. Excludes airport authorities and other public entities created by or subject to Title 42. SENATE STATE & LOCAL GOVERNMENT COMMITTEE amendment 1 (005082) makes bill applicable to Shelby County. Specifies that this act shall apply to new leases and to leases in effect as of the effective date of this act.

Senate Status 04/14/2015 - Senate Finance, Ways & Means Committee recommended with amendment 1 (005807). Sent to Senate Calendar Committee.

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SB912 / HB919 Hearing on a zoning ordinance - notice increase. Category Property & HousingSponsors Sen. Jack Johnson / Rep. Martin Daniel

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

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


House Status 04/07/2015 - House Local Government Committee deferred to 04/14/15.Position Monitor

SB980 / HB1083 Extra-territorial jurisdiction authority binding after removal. Category Property & HousingSponsors Sen. Mark S. Norris / Rep. Curry Todd

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

Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 04/01/2015 - Taken off notice in House Local Government Subcommittee.

Position MonitorSB1036 / HB917 Use of smoke alarms in rental units.

Category Property & HousingSponsors Sen. Bill Ketron / Rep. Dale Carr

Description Establishes changes to the use of smoke alarms in one-family and two-family rental units, one-family and two-family dwellings, apartment buildings, and hotels. Establishes smoke detectors to be installed in accordance with applicable building construction safety standards and in accordance with the manufacturer's directions, as opposed to the 2003 International Residential Code.

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Amendment House amendment 1, Senate amendment 1 (003797) removes language in the original bill that permitted smoke alarms to be hardwired directly to a building's power supply. Retains language permitting smoke alarms to be wired directly to a building's power supply.

Senate Status 03/30/2015 - Senate concurred in House amendment 1.House Status 03/23/2015 - House passed with amendment 1.

Executive Status 04/14/2015 - Enacted as Public Chapter 0120 effective January 1, 2016.Position Monitor

SB1047 / HB479 Deed preparation requirements. Category Property & HousingSponsors Sen. Jeff Yarbro / Rep. Bill Beck

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

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

Senate Status 04/07/2015 - Failed in Senate Judiciary Committee.House Status 03/31/2015 - House Civil Justice Committee recommended with amendment

1 (005587). Sent to House Calendar & Rules.Position Support

SB1079 HOA to provide certain records upon request of owner. Category Property & HousingSponsors Sen. Lee Harris

Description Requires a homeowner's association to provide various records to a unit owner upon written request.

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

Position MonitorSB1118 / HB732 Davidson County - powers of public housing authority.

Category Property & HousingSponsors Sen. Jeff Yarbro / Rep. Harold Love Jr.

Description Removes exclusion for Davidson County to allow Davidson County, like other cities and counties under present law, to delegate its public housing

25





authority the power to negotiate and accept payments in lieu of taxes from lessees that operate publicly owned low-income tax credit property.



SB1123 / HB1174 Permits conveyance of real property to nonprofit organization. Category Property & HousingSponsors Sen. Jeff Yarbro / Rep. John Ray Clemmons

Description Permits a county with a metropolitan government that has purchased real property at a delinquent tax sale to authorize the conveyance of the real property by grant or donation to a nonprofit organization for the purpose of constructing affordable or workplace housing.

Amendment HOUSE FINANCE COMMITTEE AMENDMENT 1, SENATE AMENDMENT 2 (004593) rewrites the bill in its entirety. Authorizes municipalities with metropolitan forms of government to turn over city owned property to a non-profit organization for the purpose of constructing affordable workforce housing for local residents.


Position MonitorSB1141 / HB1258 Disclosure of mold in residential units.

Category Property & HousingSponsors Sen. Reginald Tate / Rep. Johnnie Turner

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


Position MonitorSB1185 / HB454 Allows Kingsport to participate in the local land bank program.

Category Property & HousingSponsors Sen. Rusty Crowe / Rep. Bud Hulsey

Description Authorizes the city of Kingsport to participate in the Tennessee local land bank program.


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SB1226 / HB793 Possibility of reverter - transfer by a holder other than grantor. Category Property & HousingSponsors Sen. Mike Bell / Rep. Ron Travis

Description Prohibits the transfer of a possibility of reverter or right of entry by a holder other than the original grantor unless the transfer is to the holder of the corresponding fee simple determinable or fee simple subject to condition subsequent for the purpose of merger of the interests in any grantee.


Executive Status 04/02/2015 - Enacted as Public Chapter 0014 effective March 19, 2015.Position Monitor

SB1232 / HB846 Extends rules governing zoning restrictions to redevelopment plans. Category Property & HousingSponsors Sen. Mike Bell / Rep. Gerald McCormick

Description Authorizes certain rules governing zoning restrictions to other land use restrictions, including redevelopment plans. Prohibits redevelopment plans from being more restrictive than local zoning restrictions.

Amendment House Local Government Committee Amendment, Senate amendment 1 (005865) deletes and rewrites the bill in its entirety. Requires municipalities to authorize uses of land within a redevelopment zone on a particular property if that use was undertaken before the new restriction was put in place and no change in the use of the land is undertaken by the relevant business or industry. Requires local governments to allow the replacement of facilities taken by eminent domain or the threat of eminent domain, provided that the replacement facility is not larger than the previous facility, construction commences within thirty days, and there is available space in the relevant area as to avoid nuisances. Applies this act only to land owned and in use by affected industrial, commercial, or business establishments prior to acquisition or relocation resulting from the exercise of the power or threat of eminent domain. Applies only to any acquisition or relocation of facilities within an area subject to land use restrictions imposed pursuant to a redevelopment plan pursuant to Title 13, Chapter 20, Part 2 of the Tennessee Code Annotated. Prohibits the denial of permitting for an off-site sign in existence for ten or more years because the basis of the original permit does not exist.

Senate Status 04/15/2015 - Senate passed with amendment 1 (005865), which deletes and rewrites the bill in its entirety. Requires municipalities to authorize uses of land within a redevelopment zone on a particular property if that use was undertaken before the new restriction was put in place and no change in the use of the land is undertaken by the relevant business or industry. Requires local governments to allow the replacement of facilities taken by eminent

27




domain or the threat of eminent domain, provided that the replacement facility is not larger than the previous facility, construction commences within thirty days, and there is available space in the relevant area as to avoid nuisances. Applies this act only to land owned and in use by affected industrial, commercial, or business establishments prior to acquisition or relocation resulting from the exercise of the power or threat of eminent domain. Applies only to any acquisition or relocation of facilities within an area subject to land use restrictions imposed pursuant to a redevelopment plan pursuant to Title 13, Chapter 20, Part 2 of the Tennessee Code Annotated. Prohibits the denial of permitting for an off-site sign in existence for ten or more years because the basis of the original permit does not exist.

House Status 04/07/2015 - House Local Government Committee recommended with amendment 1 (005865). Sent to House Finance.

Position MonitorSB1310 / HB1281 Obsolete language regarding annexation by ordinance.

Category Property & HousingSponsors Sen. Frank Niceley / Rep. Billy Spivey

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



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

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

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

Position MonitorSB1371 / HB1230 Notice of filing of a condemnation petition - certified by mail.

Category Property & HousingSponsors Sen. Sara Kyle / Rep. Joe Towns Jr.

Description Requires notice of filing of a condemnation petition to be sent by certified mail with a return receipt requested. Requires nonresident respondents to be notified by certified mailing, rather than by publication. Increases the time after notice of filing that petitioner must wait to take any additional steps in the condemnation proceedings to 90 days, instead of 30 days. Requires notice to include statements concerning respondent's right to contest or appeal condemnation proceedings and that condemner has the right to take

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possession of property 90 days after the notice of filing, if the right to take possession has not been challenged. Broadly captioned.

Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 03/25/2015 - Taken off notice in House Civil Justice Subcommittee.

Position Monitor

Public Employees - 3

SB25 Notary public- record keeping. Category Public EmployeesSponsors Sen. Brian K. Kelsey

Description Provides that only if a notary public charges a fee for services, must the notary public record, either electronically or in a well-bound book, each of the notary's acts, attestations, protestations, and other instruments of publication. If the notary public does not demand or receive a fee then no recordation is required.

Senate Status 01/17/2015 - Referred to Senate Judiciary Committee.House Status None

Position SupportSB888 / HB1033 Notaries with no service fee not required to keep record of acts.

Category Public EmployeesSponsors Sen. Brian K. Kelsey / Rep. Martin Daniel

Description Clarifies that notaries public who do not charge a fee for services do not have to keep a record of acts, attestations, and protestations. Specifies that if a notary or notary's employer collects a fee for one or more services but does not separately charge a fee for the notary services, no recordation of acts is required. Specifies that recordation by notaries who are bank employees is governed by bank privacy laws if the bank charges a fee and the services are within the scope of the notary's employment.

Amendment Senate amendment 1 (003776) clarifies that the bill applies to notaries employed by a financial institution subject to the Financial Records Privacy Act.

Senate Status 03/19/2015 - Senate passed with previously adopted amendment 1.House Status 03/23/2015 - House passed.

Executive Status 04/10/2015 - Enacted as Public Chapter 0076 effective April 6, 2015.Position Support

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

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

Senate Status 03/30/2015 - Taken off notice in Senate Commerce & Labor Committee.

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House Status 03/24/2015 - Taken off notice in House Business & Utilities Subcommittee.Position Monitor

Retail Trade - 1

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

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


Position Support

Taxes Business - 2

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

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

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

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

House Status 04/14/2015 - House Finance Subcommittee deferred to first calendar of 2016.

Position MonitorSB665 / HB570 Low-income community historic structures - excise tax exemption.

Category Taxes BusinessSponsors Sen. Sara Kyle / Rep. John J. Deberry Jr.

Description Exempts certain interests in qualified low-income community historic

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structures from excise tax.Senate Status 04/15/2015 - Senate Finance, Ways & Means Committee recommended.

Sent to Senate Calendar Committee.House Status 03/25/2015 - House Finance Subcommittee placed behind the budget.

Position Support

Taxes General - 11

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

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

Senate Status 03/24/2015 - Senate Finance Revenue Subcommittee returned to Senate Finance with a neutral recommendation.

House Status 02/24/2015 - Referred to House Finance Subcommittee.Position Monitor

SB32 / HB48 Increases Hall Income tax exemptions. Category Taxes GeneralSponsors Sen. Doug Overbey / Rep. Art Swann

Description Requires the amounts of the Hall tax exemptions to be raised annually in accordance with inflation beginning with the 2016 calendar year. Requires the department of revenue to notify taxpayers of any change in dollar amounts and to post the information on the department's website.


House Status 03/18/2015 - House Finance Subcommittee placed behind the budget.Position Monitor

SB47 / HB813 Reduces Hall Income tax. Category Taxes GeneralSponsors Sen. Mark Green / Rep. Charles M. Sargent

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

31





the taxpayer resides until 100 percent of proceeds are distributed to the county or municipality.


House Status 04/14/2015 - Taken off notice in House Government Operations Committee.Position Monitor

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

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

Senate Status 03/24/2015 - Senate Finance Revenue Subcommittee deferred to 03/31/15.House Status 03/30/2015 - House passed.

Position MonitorSB162 / HB152 Manufactured homes- deletes inspection fee.

Category Taxes GeneralSponsors Sen. Becky Duncan Massey / Rep. Michael Harrison

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


Position MonitorSB556 / HB678 Phasing out the privilege tax for certain occupations.

Category Taxes GeneralSponsors Sen. Janice Bowling / Rep. James (Micah) Van Huss

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

Senate Status 03/31/2015 - Senate Finance Revenue Subcommittee recommended. Sent to Senate Finance, Ways & Means Committee.

House Status 03/25/2015 - House Finance Subcommittee placed behind the budget.Position Support

SB839 / HB1358 Reduces Hall Income Tax. Category Taxes GeneralSponsors Sen. Ken Yager / Rep. Kent Calfee

Description Reduces the Hall income tax based upon revenue growth exceeding three percent in any fiscal year, which is presently levied by the state, until it

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reaches zero percent. Allows local governments, upon the state tax rate reaching zero percent, to levy a like tax not to exceed 2.25 percent, if the ordinance or resolution levying the tax is approved within two years.

Senate Status 03/24/2015 - Taken off notice in Senate Finance Revenue Subcommittee.House Status 02/24/2015 - Referred to House Finance Subcommittee.

Position MonitorSB846 / HB1357 Age limits - Hall Income Tax exemption.

Category Taxes GeneralSponsors Sen. Ken Yager / Rep. Kent Calfee

Description Increases from $33,000 to $43,000 for single filers and from $59,000 to $69,000 for persons filing jointly, the maximum income that persons 65 and older may be exempt from paying the Hall income tax for tax years 2016 and onward.


House Status 02/24/2015 - Referred to House Finance Subcommittee.Position Monitor

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

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

Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 02/24/2015 - Referred to House Local Government Subcommittee.

Position OpposeSB934 / HB964 Historic Rehabilitation Tax Credit Act.

Category Taxes GeneralSponsors Sen. Rusty Crowe / Rep. Jon Lundberg

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

Senate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.

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House Status 03/24/2015 - Taken off notice in House Government Operations Committee.Position Monitor

SB1311 / HB1283 Hall income tax exemptions clarified. Category Taxes GeneralSponsors Sen. Frank Niceley / Rep. Billy Spivey

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

Senate Status 04/01/2015 - Taken off notice in Senate Finance Revenue Subcommittee.House Status 03/25/2015 - Taken off notice in House Finance Subcommittee.

Position Monitor

Taxes Property - 13

SB331 / HB214 Redemption of property subject to delinquent property taxes. Category Taxes PropertySponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Specifies right of redemption period for occupied properties, unoccupied property that is not vacant, and vacant and abandoned property. Requires at least three inspections over a two month period to form reasonable basis that property is abandoned. Specifies what constitutes evidence of abandonment. Defines certain terms with regard to redemption of property subject to delinquent property taxes.

Amendment House Local Government Committee amendment 1, Senate State & Local Government Committee Amendment 1 (003879) makes technical changes. Deletes "unoccupied" and substitutes the word "all." Deletes the language "not occupied" and substitutes "vacant." Removes right of redemption period of one year from original bill.

Senate Status 04/16/2015 - Senate deferred to 04/21/15.House Status 04/01/2015 - House Finance Subcommittee placed behind the budget.

Position SupportSB423 / HB262 Confidentiality of exams by the division of property assessments.

Category Taxes PropertySponsors Sen. Richard Briggs / Rep. Marc Gravitt

Description Makes confidential all examinations administered by the division of property assessments, including, but not limited to, the bank of questions used to develop the tests, the answers, and the answer sheets of individual test takers.


Executive Status 04/10/2015 - Sent to governor.

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Position MonitorSB473 / HB795 Correction of assessments.

Category Taxes PropertySponsors Sen. Mike Bell / Rep. John Forgety

Description Requires an assessor to correct an error in coding, entry, or transcription of data, if documentation clearly establishes that an error occurred and that the error had a substantial effect on the property's value as of the assessment date. Requires the assessor to also correct errors in the ownership, location, or physical description of property. Prohibits an assessor from revisiting, as a correction of error, matters requiring an application of the assessor's judgment, such as the quality of fit or finish in a structure, the degree to which location or depreciation affects property value, or the degree of comparability of a property to others in the relevant market.

Amendment Senate Amendment 1 (004116) deletes all language of the original bill. Authorizes property assessors to correct errors on assessments in coding, transcriptions, entry, ownership location, or physical description of the property; authorizes property owners to appeal unfavorable corrections to assessments which substantially affect the property value of the owner's property; defines readiness to rent as not a correctible issue without evidence of a demonstrated mistake in coding, entry, or transcription of data. Prohibits correction of errors or omissions of clerical errors in tax reports or schedules filed by a taxpayer with the assessor.

Senate Status 04/06/2015 - Senate passed with amendment 1 (004116), which deletes all language of the original bill. Authorizes property assessors to correct errors on assessments in coding, transcriptions, entry, ownership location, or physical description of the property; authorizes property owners to appeal unfavorable corrections to assessments which substantially affect the property value of the owner's property; defines readiness to rent as not a correctible issue without evidence of a demonstrated mistake in coding, entry, or transcription of data. Prohibits correction of errors or omissions of clerical errors in tax reports or schedules filed by a taxpayer with the assessor.

House Status 04/09/2015 - House passed.Executive Status 04/15/2015 - Sent to governor.

Position MonitorSB476 / HB407 Bradley County pilot project - delinquent property tax collection.

Category Taxes PropertySponsors Sen. Mike Bell / Rep. Dan Howell

Description Creates a pilot project in Bradley County to improve the collection of personal property taxes from businesses. Provides that after a taxpayer applies to the department of revenue for renewal of a license to conduct business, and before renewal, the department shall notify the county in which the taxpayer resides regarding the application. Prohibits the renewal

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of taxpayer's license if the individual owes delinquent personal property taxes, as evidenced by a list from the county trustee to the department.

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

Position MonitorSB690 / HB263 Judicial proceeding on assessment of property - confidentiality.

Category Taxes PropertySponsors Sen. Jack Johnson / Rep. Kevin Brooks

Description Clarifies that evidence introduced in an administrative or judicial proceeding concerning the assessment of property is not confidential, unless made confidential by a protective order of the judge in the proceeding.



SB691 / HB191 Assessment adjustments by state board of equalization - notice. Category Taxes PropertySponsors Sen. Jack Johnson / Rep. Steve McManus

Description Requires actions related to the notification of proposed changes in individual property classifications or assessments made by either the state board of equalization or the assessment appeals commission to commence by issuance of the required notice on or before September 1 of the year following the year to which the notice relates.



SB770 / HB1290 Sale of delinquent tax property. Category Taxes PropertySponsors Sen. John Stevens / Rep. Jeremy Durham

Description Specifies that a report regarding the sale of delinquent tax property must be filed in the clerk's office and with the office of the register of deeds for the county in which the property is located. Outlines the information required to be in the filed report of sale. Authorizes reports of sale for delinquent tax property to be registered. Broadly captioned.

Amendment House Local Government Committee amendment 1 (004804) requires the clerk of the court to immediately file in the case a report of sale or other notice reflecting the results of the tax sale. Requires the report or notice to include identification of the property and defendants contained in the notice of sale, the name of the successful bidder, and the total successful price bid for each parcel together with the instrument number of the last conveyance of record.

Senate Status 03/19/2015 - Re-referred to Senate Calendar Committee.

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

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

Senate Status 02/19/2015 - Referred to Senate State & Local Government Committee.House Status 04/01/2015 - Taken off notice in House Local Government Subcommittee.

Position SupportSB939 / HB459 Refund of property taxes after final action.

Category Taxes PropertySponsors Sen. Bo Watson / Rep. Jon Lundberg

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

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

Senate Status 04/16/2015 - Set for Senate Finance, Ways & Means Committee- Bills Before the Budget 04/16/15.

House Status 04/14/2015 - House Finance Subcommittee deferred to 2016.

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Position SupportSB940 Property tax exemption- leased federal property to private lessees.

Category Taxes PropertySponsors Sen. Bo Watson

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

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

Position SupportSB1173 / HB1153 Extends valuation of certain property to unmarried surviving spouse.

Category Taxes PropertySponsors Sen. Bill Ketron / Rep. Marc Gravitt

Description Extends present use valuation of certain residential property zoned for commercial use to unmarried surviving spouse.

Amendment Senate amendment 1, House Finance Committee amendment 1 (004586) adds new language to the bill that deletes and rewrites the provision relative to the current authorization for the county board to appoint one or more hearing officers to the board for the purpose of conducting preliminary hearings and making contingent upon resolution by majority vote of the county commission, rather than contingent upon approval of the county commission.

Senate Status 04/15/2015 - Senate passed with amendment 1 (004586), which adds new language to the bill that deletes and rewrites the provision relative to the current authorization for the county board to appoint one or more hearing officers to the board for the purpose of conducting preliminary hearings and making contingent upon resolution by majority vote of the county commission, rather than contingent upon approval of the county commission.

House Status 04/07/2015 - House Finance Committee recommended with amendment 1 (004586). Sent to House Calendar & Rules.

SB1216 / HB1254 Combining or subdividing properties for tax sale purposes. Category Taxes PropertySponsors Sen. Jack Johnson / Rep. Charles M. Sargent

Description Requires any person who claims to be the owner of an interest or lien in a parcel and every guardian, conservator, attorney in fact, or other person having a fiduciary relationship with a minor, an incompetent, or other person claiming to be the owner of an interest in a parcel must register the document effecting ownership, interest, or lien with the office of the register of deeds in the county which the parcel is located. Specifies that a judgment of personal liability for unpaid personal property taxes may be enforced as any other judgment and may be recorded in one or more offices of registers of deeds and made a lien against the judgment debtor's other

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property .Specifies that property taxes shall become and remain a personal debt of the property owner or property owners and, when delinquent, may be collected by suit as any other personal debt. Allows the claim for the debt and the claim for enforcement of the lien to be joined in the same complaint. Specifies that the chancery court shall have broad discretion in determining whether a parcel shall be sold separately, combined, or subdivided and sold. Establishes process and notices requirements. Specifies that an order confirming the sale of a parcel shall confer the right to possession of the parcel to the purchaser effective upon entry of the order and the risk of loss shall transfer from the original owner to the purchaser. Specifies that any person successfully challenging the validity of a tax sale of the person's interest in a parcel shall also be responsible to the person purchasing the property at the tax sale and the purchaser's successors in interest, for any increase in the value of the parcel, including any improvements. Allows an order confirming the sale of a parcel to be voidable by the court. Clarifies procedure for dealing with excess tax sale proceeds. Revises other provisions concerning tax sales.

Amendment HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005730) deletes and replaces certain language of the bill such that the amended bill authorizes enforcement of unpaid property tax to be made through garnishment, execution, or otherwise, and may also be recorded as a lien in one or more offices of the register of deeds. Defines property taxes as a personal debt of the property owner on January 1 of the tax year which may be collected by suit if delinquent. Removes requirement from the bill regarding certified mail or other forms with return receipt for notice. Requires person whose notice of a proceeding was accepted by a third party to prove the third party was prohibited from receiving this notice in order to challenge the sufficiency of service. Declares that upon entry of an order of the court declaring that the redemption is complete, title to the parcel shall be restored. Authorizes lienholder who redeems the parcel to thereafter proceed to foreclose upon the parcel or otherwise enforce such lien. HOUSE FINANCE COMMITTEE AMENDMENT 1 (006229) exempts property tax proceedings, property tax liens, or the enforcement of property tax liens from the taxpayer remedies for disputed taxes enumerated in the Tennessee Code Annotated, Title 67, Chapter 1, Part 18. SENATE AMENDMENT 2 (006401) deletes and rewrites the bill in its entirety. Authorizes enforcement of judgment through judgment liens, including durability, priority, and renewal, and makes such judgments no longer subject to the statute of limitation established by this chapter for unpaid property taxes. Authorizes local governments to retain all previous forms of enforcing debt payments for tax liens. Declares that property taxes remain a personal debt of the property owner or property owners as of January 1, and, when delinquent, may be collected by suit as any other personal debt. Declares that involved

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parties in tax proceedings have constructive notice of the property seizure. Requires 12 percent interest per year for redemption of property. Authorizes the court to determine when a redemption has been fully made. Declares that upon entry of an order of the court declaring that the redemption is complete, title to the parcel be restored. Authorizes lienholder who redeems the parcel to thereafter proceed to foreclose upon the parcel or otherwise enforce such lien. Generally limits challenges to delinquent tax sales. Deletes language that requires owners of a property interest to register the document related to the interest with the county register of deeds and binds persons failing to do so to judgments, findings, orders, and precedents rendered or established in the proceedings. Exempts property tax proceedings, property tax liens, or the enforcement of property tax liens from the taxpayer remedies for disputed taxes enumerated in the Tennessee Code Annotated, Title 67, Chapter 1, Part 18.


Position MonitorSB1358 / HB419 Notice of tax assessment being challenged by taxpayer.

Category Taxes PropertySponsors Sen. Randy McNally / Rep. David Alexander

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

Senate Status 02/19/2015 - Referred to Senate Finance, Ways & Means Committee.House Status 03/18/2015 - Taken off notice in House Finance Subcommittee.

Position Monitor

Taxes Unemployment - 1

SB1408 / HB1384 Washington County- creates county zoning administrator Category Taxes UnemploymentSponsors Sen. Rusty Crowe / Rep. Matthew Hill

Description Repeals, subject to local approval, a private act that created the office of county zoning administrator, thus enabling the county to establish the position of county building commissioner pursuant to general law.

Senate Status 03/16/2015 - Local bill held on Senate clerk's desk.House Status 03/24/2015 - House Local Government Committee recommended. Sent to

House Calendar & Rules.Position Monitor

Transportation General - 1

SB129 / HB207 Publishing future plans for streets and highways on websites.

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Category Transportation GeneralSponsors Sen. Jim Tracy / Rep. Courtney Rogers

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

Senate Status 02/09/2015 - Referred to Senate Transportation & Safety Committee.House Status 02/11/2015 - Referred to House Transportation Subcommittee.

Position Support

Transportation Vehicles - 1

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

Description Permits the issuance of "Tennessee Association of Realtors" new specialty earmarked license plates for motorcycles.

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

Position Monitor

Utilities - 2

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

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

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

Position MonitorSB1131 / HB938 Land acquired by eminent domain must be in utility's service district.

Category UtilitiesSponsors Sen. Janice Bowling / Rep. Judd Matheny

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

Senate Status 02/19/2015 - Referred to Senate Judiciary Committee.House Status 02/24/2015 - Referred to House Civil Justice Subcommittee.

Position Monitor

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web viewhouse criminal justice committee amendment 1 (004307) includes delivering or selling a...

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