Monday - 03/14/16 - 10:30am - LP 12 - Senate State & Local Government Veterans Affairs Subcommittee
MEMBERS: Chair Sen. M. Norris (R), Sen. R. Briggs (R), Sen. M. Green (R)
2. / SB1648D. Overbey / Taxes Property: Property tax relief - disabled veteran's residence. Under present law, there is paid from the general funds of the state to certain disabled veterans the amount necessary to pay or reimburse such taxpayers for all or part of the local property taxes paid for a given tax year on that property that the disabled veteran owned and used as the disabled veteran's residence. The reimbursement is paid on the first $100,000 of the full market value of such property owned by taxpayers whose annual income from all sources does not exceed $60,000. Prior to 2015 legislation, the reimbursement was paid on the first $175,000 of the full market value and there was not an income limitation. Provides that the reimbursement will be paid on the first $175,000 of the full market value for taxpayers who received a reimbursement, prior to the change in law, for tax years 2014 and 2015 and who reapply to receive a reimbursement for tax year 2016 and in subsequent tax years.
*HB1643 - J. Forgety - 03/02/2016 - House Local Government Subcommittee deferred to last calendar.
Fiscal Note: (Dated February 29, 2016) Increase State Expenditures - $3,694,700/FY16-17 $3,506,000/FY17-18 Other Fiscal Impact – In FY18-19 and subsequent years, the increase in state expenditures will diminish by approximately five percent each year into perpetuity.
Senate Status: 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee 03/14/16.
House Status: 03/02/2016 - House Local Government Subcommittee deferred to last calendar.
3. / SB1465
M. Green / Taxes Property: Property tax reimbursement for disabled veteran home owners. Establishes the first portion of home value for which real property tax relief will be reimbursed to disabled veteran home owners from $100,000 to $175,000.
*HB1515 - J. Pitts - 03/09/2016 - House Local Government Subcommittee deferred to last calendar.
Fiscal Note: (Dated January 22, 2016) Increase State Expenditures – Exceeds $3,665,400
Senate Status: 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee 03/14/16.
House Status: 03/09/2016 - House Local Government Subcommittee deferred to last calendar.
4. / SB1717
T. Gardenhire / Taxes Property: Reimbursement of property taxes for disabled veterans. Requires general funds from the state to go to the reimbursement of disabled veterans for all or part of their local property taxes on their residence. Defines a disabled veteran as one who suffers from paraplegia or permanent paralysis, who acquired 100 percent disability as a result of serving as a prisoner of war, or who acquired service-connected disability. Provides that these veterans who have an income of less than $30,000 are to be reimbursed by 50 percent. Defines further a disabled veteran as one who acquired 100 percent disability based on individual unemployability from any service-connected cause, and that they are to be reimbursed 100 percent. Clarifies that annual income attributable to a veteran consists of income from all owners of the property, the applicant's spouse, and any member of a remainder or reversion. Removes the requirement that veterans provide proof and documentation of their annual income. Provides that veterans who received a reimbursement for 2015 and veterans who reapply for 2016 and after are not affected.
*HB2138 - K. Brooks - 03/10/2016 - Set for House Local Government Subcommittee 03/16/16.
Senate Status: 03/08/2016 - Set for Senate State & Local Government Veterans Affairs Subcommittee 03/14/16.
House Status: 03/10/2016 - Set for House Local Government Subcommittee 03/16/16.
Monday - 03/14/16 - 1:00pm - Senate Chamber - Senate Floor Consent Calendar 2
2. / SB1600J. Stevens / Animals & Animal Husbandry: Civil liability for injury caused by dog - landowner as harborer. In regard to civil liability for injury caused by dogs, clarifies that land ownership alone is not enough to qualify a landowner as a regular harborer of a dog even if the landowner gave permission to a third person to keep the dog on the land.
*HB2170 - D. Hawk - 02/29/2016 - House passed.
Fiscal Note: (Dated February 14, 2016) NOT SIGNIFICANT
Senate Status: 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.
House Status: 02/29/2016 - House passed.
4. / SB1640
J. Bowling / Transportation Vehicles: Annual accounting of nonprofits receiving funds from license plates. Requires nonprofit organizations that receive funds from the sale of special license plates to submit an annual accounting to the comptroller and to be in good standing with the secretary of state's office. Requires commissioner to hold proceeds from the sale of a specialty earmarked license plate or new specialty earmarked license plate in reserve for nonprofit organizations who fail to comply with the annual accounting requirement. Deems the plate obsolete if the nonprofit organization does not comply with such requirements.
*HB1683 - D. Hawk - 03/07/2016 - House passed.
Fiscal Note: (Dated February 23, 2016) NOT SIGNIFICANT
Senate Status: 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.
House Status: 03/07/2016 - House passed.
5. / SB1646
P. Bailey / Taxes Property: Formula for calculating hearing costs in property tax appeals. Under present law, the state board of equalization has jurisdiction over the valuation, classification, and assessment of all properties in the state. One of the duties of the board is to receive, hear, consider, and act upon complaints and appeals made to the board. The board assesses the cost of hearing or processing an appeal against any non-prevailing, non-indigent appellant. Under present law: (1) The assessment must not exceed $7.00 per parcel for processing an appeal or $120 for hearing costs; (2) The assessment must be proportionate to the value of the property at issue; and (3) If the totaled assessment is 1/2 or more of the appellant's claim, the board issues a total refund. Otherwise, the refund of the hearing costs is proportionate to the relief granted. Revises (3) above to require that the refund of hearing costs be 1/2 of the appellant's claim, if the ordered reduction totals less than 1/2 of the appellant's claim. Present law also authorizes the board to create an assessment appeals commission and to delegate to the commission the jurisdiction to hear and act upon all complaints and appeals regarding the assessment, classification, and value of property for purposes of taxation. Actions taken by the commission are final unless the board issues an order requiring review of the commission's action, in which case the action will not become final until the board has rendered its final decision in the matter. If the board chooses not to review a matter, the commission is required to issue a certificate of assessment showing the description of the property and the assessment as determined by the commission. The certificate of assessment is subject to judicial review in the same manner as final actions of the board. Revises the above provisions to require the assessment appeals commission to issue the following, if the state board does not review the matter: (1) A notice, including notice by electronic means, of its final actions to the parties; or (2) If requested by a taxpayer, a certificate of assessment or other final certificate of the commission's actions. The date of the notice or certificate will commence the period for seeking judicial review of the final order of the board or commission. Present law requires trustees or collectors to send, with the current tax bill, a notice to delinquent taxpayers informing them of their obligation to pay back taxes or risk the sale of their property. This bill specifically includes taxpayers who are delinquent in unpaid rollback taxes in the group of delinquent taxpayers receiving such a notice.
*HB1689 - M. Gravitt - 03/02/2016 - House Finance Subcommittee placed behind the budget.
Fiscal Note: (Dated February 9, 2016) Decrease State Revenue - $400/State Board of Equalization Decrease State Expenditures - $100/State Board of Equalization
Senate Status: 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.
House Status: 03/02/2016 - House Finance Subcommittee placed behind the budget.
18. / SB2417
J. Yarbro / Environment & Nature: Green infrastructure practices to be used in certain sewer systems. Authorizes the use of green infrastructure practices within areas containing collecting systems designed to convey sanitary sewage and storm water, and clarifies that such practices may be implemented on both public and private property at the discretion of the incorporated city or town.
*HB1850 - D. Jernigan - 03/10/2016 - Set for House Finance Subcommittee 03/16/16.
Fiscal Note: (Dated February 26, 2016) Increase Local Revenue – Exceeds $5,000/Permissive Decrease Local Expenditures – Net Impact - Exceeds $5,000/Permissive
Senate Status: 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.
House Status: 03/10/2016 - Set for House Finance Subcommittee 03/16/16.
20. / SB2594
M. Norris / Professions & Licensure: Felony convictions in regard to licensure. Prohibits employee permits from being issued to servers of alcoholic beverages, barbers, land surveyors, soil scientists, athletic trainers, reflexology practitioners, fireworks exhibitors, and well drillers and installers that have been convicted of a felony for the commission of an offense that bears directly on their fitness to practice competently.
*HB2496 - R. Akbari - 03/09/2016 - House Business & Utilities Committee recommended. Sent to House Calendar & Rules.
Fiscal Note: (Dated February 26, 2016) NOT SIGNIFICANT
Senate Status: 03/10/2016 - Set for Senate Floor Consent Calendar 2 03/14/16.
House Status: 03/09/2016 - House Business & Utilities Committee recommended. Sent to House Calendar & Rules.
Monday - 03/14/16 - 3:30pm - LP 12 - Senate Transportation & Safety Committee- Final Calendar
MEMBERS: Chair Sen. J. Tracy (R), Vice Chair Sen. M. Beavers (R), 2nd Vice Chair Sen. F. Niceley (R), Sen. P. Bailey (R), Sen. J. Bowling (R), Sen. S. Kyle (D), Sen. B. Massey (R), Sen. S. Southerland (R), Sen. J. Yarbro (D)
8. / SB1589E. Jackson / Transportation Vehicles: Transmitting or reading texts - moving violation.Redesignates traffic violations for transmitting or reading written messages on hand-held devices while driving from nonmoving to moving violations. Requires points to be assessed for such violations instead of no points being added to a driver record.
*HB1511 - R. Lollar - 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.
Fiscal Note: (Dated March 4, 2016) NOT SIGNIFICANT
Senate Status: 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.
House Status: 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.
20. / SB129
J. Tracy / Transportation General: Publishing future plans for streets and highways on websites. Requires a county or municipality to publish the official map of future plans for streets and highways on county or municipality's website at least 30 days before the date of the hearing on the map. Broadly Captioned.
*HB207 - D. Jernigan - 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.
Fiscal Note: (Dated January 29, 2015) NOT SIGNIFICANT
Senate Status: 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.
House Status: 03/10/2016 - Set for House Transportation Subcommittee 03/15/16.
23. / SB1655
J. Tracy / Transportation Vehicles: Driving and talking on a cell phone. Establishes a Class C misdemeanor and a fine not to exceed $50.00 of driving a motor vehicle and talking on a hand-held cellphone. Prohibits additional court fees not to exceed $10.00. Provides that a traffic citation based on this violation be considered a nonmoving traffic violation and stipulates that no points shall be added to a driver record. Creates the juvenile act of persons under 18 driving a motor vehicle and using a hands-free device to talk on a cellphone or transmit or read written messages; provides exception for emergencies. Provides exception for persons 18 and older using hands-free device.
*HB1566 - J. Holsclaw, Jr. - 03/10/2016 - Set for House Criminal Justice Committee 03/16/16.
Fiscal Note: (Dated February 16, 2016) Increase State Revenue – $3,800/FY16-17 $7,600/FY17-18 $15,200/FY18-19 Exceeds $30,400/FY19-20 and Subsequent Years Increase Local Revenue – $200/FY16-17 $400/FY17-18 $800/FY18-19 Exceeds $1,600/FY19-20 and Subsequent Years
Senate Status: 03/08/2016 - Set for Senate Transportation & Safety Committee- Final Calendar 03/14/16.
House Status: 03/10/2016 - Set for House Criminal Justice Committee 03/16/16.
Monday - 03/14/16 - 5:00pm - House Chamber - House Floor Consent Calendar
The House will take up the following memorializing resolutions: HR181, HR183, HJR658-HJR660, HJR667, HJR668, HJR671, HJR672.
1. / HB2417S. Lynn / Property & Housing: Increases number of members who may serve on boards of zoning appeals. Increases number of members who may be elected to serve on boards of zoning appeals in certain counties and municipalities, as determined by local legislative bodies.
*SB2006 - B. Ketron - 02/17/2016 - Senate passed.
Fiscal Note: (Dated February 4, 2016) Increase Local Expenditures – Exceeds $500/Permissive
Senate Status: 02/17/2016 - Senate passed.
House Status: 03/10/2016 - Set for House Floor Consent Calendar 03/14/16.
11. / HB1439
R. Williams / Local Government: Putnam County - removal of vegetation and debris from property. Permits the removal of overgrown vegetation and accumulated debris on owner-occupied residential property in Putnam County.
*SB1462 - P. Bailey - 02/08/2016 - Senate passed.
Fiscal Note: (Dated January 15, 2015) Other Fiscal Impact – To the extent Putnam County elects to remove any vegetation or debris from an owner-occupied residential property, there will be a permissive increase in expenditures to Putnam County. The extent and timing of any permissive increase in local expenditures is dependent upon the specific circumstances of any removal undertaken.
Senate Status: 02/08/2016 - Senate passed.
House Status: 03/10/2016 - Set for House Floor Consent Calendar 03/14/16.
Monday - 03/14/16 - 5:00pm - House Chamber - House Floor Regular Calendar
3. / HB779M. Carter / Local Government: Abolishes deannexation by ordinance. Requires deannexation of territory containing a street, highway, avenue, boulevard, publicly-owned right-of-way, bridge, tunnel, public parking area, or any other public way dedicated to public use and maintained for general public travel to take place by a vote of two-thirds of the county legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change.
*SB749 - B. Watson - 04/22/2015 - Re-referred to Senate Calendar Committee.
Amendment: SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (004496) deletes and rewrites the bill in its entirety. Authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005698) authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. (005698) rewrites the bill. Specifies a six month time table for the municipality to submit a map of deannexed streets. Establishes a one year time table for the commissioner to revise and reallocate distributed funds to the municipality or county for maintenance of roads. Requires a two-thirds vote of a municipal legislative body in order for the municipality to rescind the deannexation prior to the reallocation of any funds. Specifies what a petition for deannexation must contain. Specifies procedures and rules for election commission during referendum for deannexation. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 2 (005281) deletes and rewrites the bill in its entirety. Authorizes municipalities to propose by resolution annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within a municipality's urban growth boundary and is either used for industrial or commercial purpose or is owned by one or more governmental entities. Requires consent of the property owners. Requires the plan of service to be included in the resolution. Requires an inter-local agreement between the relevant county and the municipality to provide relevant services. HOUSE LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (005931) deletes and rewrites the bill in its entirety. Declares that, for any street deannexed by a city on or after May 1, 1998, the city shall submit a map of the deannexed area to the Commissioner of the Department of Finance and Administration for the purpose of the Commissioner revising and reallocating funds to the appropriate city or county. Prohibits a municipality from deannexing certain territory, including roads, streets, and right-of-ways, without two-thirds vote of the county legislative body. Establishes procedures for county election commission to conduct a vote for deannexation after ten percent or more of registered voters in the municipality petition the county election commission that an election be held for such purpose. Prohibits future deannexation referendums if voters fail to approve the measure in an initial referendum. Repeals section of the bill on May 16, 2021, that calls for a referendum if ten percent or more of the registered voters in the relevant zone sign a petition in favor of deannexation. Increases the minimum number of days from petition to the regularly scheduled Election Day from 45, as stated in the original bill, to 75 days. HOUSE FINANCE COMMITTEE AMENDMENT 1 (013024) deletes all language after the enacting clause of the original bill. Requires a municipality to submit a map of de-annexed streets or roads to the Commissioner of Finance and Administration within six months of the effective date of this legislation becoming law. Within one year of the submission of such plans, the Commissioner is required to equitably reflect the changes to the municipality's boundaries and to revise and relocate any funding distributed to the municipality or county for improvement or maintenance of streets or roads. A municipality may elect to rescind the de-annexation of the street or road within six months of the effective date of this legislation becoming law. Establishes procedures for county election commissions, in Marshall, Washington, Sullivan, Hamilton, Knox and Shelby counties, to conduct a vote for de-annexation in an election held in accordance with Tenn. Code Ann. § 6-51-202 after 10 percent or more of the registered voters in the municipality have petitioned the county election commission for an election held for such a purpose. Prohibits future de-annexation referendums, if voters fail to approve the measure in the initial referendum. Requires all municipal jurisdictions to cease over the territory de-annexed from the municipality's corporate limits on the date the results of the election are certified other than the responsibility of general obligation debt issued during the annexation period. Authorizes municipalities to continue to levy taxes in the de-annexed territory to pay the de-annexed territory's percentage of tax base it represents at the time of de-annexation.
Fiscal Note: (Dated March 22, 2015) Local Revenue – Net Impact – Not Significant/Permissive Local Expenditures – Net Impact – Not Significant/Permissive Other Fiscal Impact – Permissive shifts in revenue and expenditures from one local government entity to another. The extent of any such shifts cannot be determined and are dependent upon the unknown, permissive, and future actions of cities and counties.
Senate Status: 04/22/2015 - Re-referred to Senate Calendar Committee.
House Status: 03/10/2016 - Set for House Floor Regular Calendar 03/14/16.
7. / HB2131
C. Rogers / Criminal Law: Higher education employee lawfully storing firearm in car. Prohibits public post-secondary institutions from taking any adverse action against an employee or student as a result of such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle located on property owned, used, or operated by the post-secondary institution.
*SB1991 - B. Kelsey - 03/07/2016 - Senate passed.
Amendment: House Civil Justice Committee Amendment 1 (013050) adds the term "solely" after the second use of the word "institution," and before the word "for." Deletes all language after the enacting clause of the original bill. Prohibits public postsecondary institutions from taking any adverse actions against an employee or student as a result of such person's lawful transportation and storage of firearm or ammunition, in compliance with Tenn. Code Ann. § 39-17-13, while on or using a parking area located on property owned, used, or operated by the postsecondary institution.
Fiscal Note: (Dated February 6, 2016) NOT SIGNIFICANT
Senate Status: 03/07/2016 - Senate passed.
House Status: 03/10/2016 - Set for House Floor Regular Calendar 03/14/16.
22. / HB1685
C. Halford / Taxes Property: Rollback tax liability for agricultural, forest, or open space land. Exempts owners of property that is disqualified as agricultural, forest, or open space land from liability for rollback taxes if the disqualification is due to a change in law or correction of an assessor's error and certain other conditions are met. Specifies that the property owner shall be liable for rollback taxes under these circumstances if the erroneous classification resulted from any fraud, deception, or intentional misrepresentation by the property owner.
*SB1642 - S. Southerland - 02/22/2016 - Senate passed.
Fiscal Note: (Dated February 9, 2016) Decrease Local Revenue – Exceeds $500/Per Parcel
Senate Status: 02/22/2016 - Senate passed.
House Status: 03/11/2016 - Set for House Floor Regular Calendar 03/14/16.
Monday - 03/14/16 - 5:00pm - LP 12 - Senate Energy, Agriculture & Natural Resources Committee- Final Calendar
The committee will hear budget presentations from the Tennessee Wildlife Resources Agency and EmPowerTN. MEMBERS: Chair Sen. S. Southerland (R), Vice Chair Sen. F. Niceley (R), 2nd Vice Chair Sen. P. Bailey (R), Sen. M. Bell (R), Sen. M. Green (R), Sen. D. Gresham (R), Sen. L. Harris (D), Sen. K. Roberts (R), Sen. K. Yager (R)