TAR Bill Tracking Calendar

TAR Bill Tracking Calendar Week of 4/20/15

Monday - 04/20/15 - 3:00pm - House Chamber - House Floor Regular Calendar

Please note: This calendar is divided into three parts. Calendar 1 consists of items #1-37. Calendar 2 consists of items #38-74. Calendar 3 consists of items #75-110. 2. HB490 P. Marsh Property & Housing: Decreases registration fee relative to Time-Share Act. 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. *SB505 - J. Johnson - 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. 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: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor

9. HB843 A. Parkinson Criminal Law: Enacts "Neighborhood Protection Act." 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. *SB638 - J. Johnson - 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. 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 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: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Support

71. HB69 G. McCormick Government Regulation: Civil penalties assessed by state fire marshal and commissioner. 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. *SB79 - M. Norris - 03/02/2015 - Senate passed. 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: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor 78. HB1254 C. Sargent Taxes Property: Combining or subdividing properties for tax sale purposes. 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 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. *SB1216 - J. Johnson - 04/16/2015 - Senate passed with amendment 2. 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 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. Senate Status: 04/16/2015 - Senate passed with amendment 2. House Status: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor

89. HB85 G. McCormick Media & Publishing: Requirements for advertisement seeking to lease space for state use. 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. *SB96 - M. Norris - 04/16/2015 - Senate passed with amendment 1. 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: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor

93. HB1290 J. Durham Taxes Property: Sale of delinquent tax property. 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. *SB770 - J. Stevens - 04/17/2015 - Set for Senate Floor Regular Calendar 04/21/15. 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: 04/17/2015 - Set for Senate Floor Regular Calendar 04/21/15. House Status: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor

Tuesday - 04/21/15 - 10:00am - LP 12 - Senate Finance, Ways & Means Committee Final Meeting Please note: The calendar is divided up into two parts. Items #1 and #2 are the Bills Before the Budget and items #3-#30 are the Bills Behind the Budget. MEMBERS: Chair Sen. R. McNally (R), Vice Chair Sen. B. Watson (R), 2nd Vice Chair Sen. D. Overbey (R), Sen. S. Dickerson (R), Sen. F. Haile (R), Sen. T. Harper (D), Sen. J. Hensley (R), Sen. B. Ketron (R), Sen. M. Norris (R), Sen. J. Stevens (R), Sen. R. Tate (D)

1. SB939 B. Watson Taxes Property: Refund of property taxes after final action. 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. *HB459 - J. Lundberg - 04/14/2015 - House Finance Subcommittee deferred to 2016. 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: 04/17/2015 - Set for Senate Finance, Ways & Means Committee Final Meeting 04/21/15. House Status: 04/14/2015 - House Finance Subcommittee deferred to 2016. Position: Support

12. SB32 D. Overbey Taxes General: Increases Hall Income tax exemptions. 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. *HB48 - A. Swann - 03/18/2015 - House Finance Subcommittee placed behind the budget. Senate Status: 04/17/2015 - Set for Senate Finance, Ways & Means Committee Final Meeting 04/21/15. House Status: 03/18/2015 - House Finance Subcommittee placed behind the budget. Position: Monitor

21. SB47 M. Green Taxes General: Reduces Hall Income tax. 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 the taxpayer resides until 100 percent of proceeds are distributed to the county or municipality. *HB813 - C. Sargent - 04/14/2015 - Taken off notice in House Government Operations Committee. Senate Status: 04/17/2015 - Set for Senate Finance, Ways & Means Committee Final Meeting 04/21/15. House Status: 04/14/2015 - Taken off notice in House Government Operations Committee. Position: Monitor Tuesday - 04/21/15 - 11:30am - Senate Chamber - Senate Floor Regular Calendar

16. SB665 S. Kyle Taxes Business: Low-income community historic structures - excise tax exemption. Exempts certain interests in qualified low-income community historic structures from excise tax. *HB570 - J. Deberry Jr. - 03/25/2015 - House Finance Subcommittee placed behind the budget. Senate Status: 04/17/2015 - Set for Senate Floor Regular Calendar 04/21/15. House Status: 03/25/2015 - House Finance Subcommittee placed behind the budget. Position: Support

19. SB770 J. Stevens Taxes Property: Sale of delinquent tax property. 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. *HB1290 - J. Durham - 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. 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: 04/17/2015 - Set for Senate Floor Regular Calendar 04/21/15. House Status: 04/17/2015 - Set for House Floor Regular Calendar 04/20/15. Position: Monitor

30. SB331 M. Norris Taxes Property: Redemption of property subject to delinquent property taxes. 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. *HB214 - G. McCormick - 04/01/2015 - House Finance Subcommittee placed behind the budget. 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: 04/17/2015 - Set for Senate Floor Regular Calendar 04/21/15. House Status: 04/01/2015 - House Finance Subcommittee placed behind the budget. Position: Support

Tuesday - 04/21/15 - 1:30pm - LP 16 - Time TBA - House Finance Committee MEMBERS: Chair Rep. C. Sargent (R), Vice Chair Rep. D. Alexander (R), Rep. J. Armstrong (D), Rep. K. Brooks (R), Rep. K. Camper (D), Rep. M. Carter (R), Rep. B. Cooper (D), Rep. B. Dunn (R), Rep. C. Fitzhugh (D), Rep. B. Gilmore (D), Rep. M. Harrison (R), Rep. D. Hawk (R), Rep. R. Haynes (R), Rep. P. Hazlewood (R), Rep. M. Hill (R), Rep. C. Johnson (R), Rep. S. Lynn (R), Rep. G. McCormick (R), Rep. S. McDaniel (R), Rep. S. McManus (R), Rep. L. Miller (D), Rep. B. Mitchell (D), Rep. C. Todd (R)

6. HB574 R. Williams Property & Housing: Agreements allowing agricultural use of property. 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. *SB634 - P. Bailey - 04/15/2015 - Senate Finance, Ways & Means Committee recommended. Sent to Senate Calendar Committee. 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: 04/20/2015 - Set for House Finance Committee 04/21/15. Position: Monitor

7. HB662 M. Carter Agriculture: Property used for agricultural purposes for consensual annexation. 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. *SB756 - B. Watson - 03/26/2015 - Senate State & Local Government Committee recommended with amendment 1. Sent to Senate Calendar Committee. 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: 04/20/2015 - Set for House Finance Committee 04/21/15. Position: Monitor