TAA Legislative Resources

SB 0484* HB 0887	TAXES PROPERTY: Actions to quiet title not barred by 3-year tax title limit. Provides that three-year statute of limitation on actions to invalidate a tax title issued for property sold for delinquent taxes does not prevent a purchaser from filing an immediate action to quiet title at the end of the redemption period. Eliminates exception allowing persons under disability one year from date of removal of disability. (S: Finney R.; H: Montgomery) Senate amendment 1 rewrites the bill to provide that a purchaser of property at a delinquent tax sale is not prevented from filing a quiet title action immediately upon the expiration of the one-year period of redemption. Fiscal Note: Dated: March 11, 2007 Minimal. Senate Status: Senate 01/31/2008 passed with previously adopted amendment 1. House Status: House 02/11/2008 concurred with Senate amendment 1. Enacted as Public Chapter 0606 (effective 02/21/2008).
SB 0884*	JUDICIARY: General sessions court as court of record. Designates general sessions courts as courts of record. (S: Ketron) Senate Status: Withdrawn in Senate 02/26/2007.
SB 1008 HB 0590*	PROPERTY & HOUSING: Uniform Residential Landlord and Tenant Act. Deletes provisions which make the Uniform Residential Landlord and Tenant Act applicable to only certain counties and provides for statewide application of such act. (S: Southerland; H: Lundberg) Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: Taken off notice in House Civil Practice Subcommittee 04/17/2007.
SB 1068 HB 0211*	PROPERTY & HOUSING: Accessibility requirements for certain buildings. Requires certain buildings constructed or altered after July 1, 2007, to comply with accessibility standards in the 2003 International Building Code. (S: Crutchfield; H: Brown) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/20/2007. House Status: Withdrawn in House 01/14/2008.
SB 1095 HB 0983*	PROPERTY & HOUSING: Definition of blighted area. Redefines "blighted area" for purposes of housing authority redevelopment to mean a single parcel of land the condition of which causes the risk of immediate physical harm to people or other property. (S: Bunch; H: Campfield) Senate Status: Referred to Senate State & Local Government. House Status: Failed in House Local Government Subcommittee 04/25/2007.
SB 1104 HB 0856*	TAXES BUSINESS: Reduced occupational privilege tax. Reduces occupational privilege tax from $400 to $200 per year. (S: Bunch; H: Bell) Senate Status: Taken off notice in Senate Finance, Ways & Means 06/11/2007. House Status: Referred to House Finance Budget Subcommittee.
SB 1343 HB 0070*	PROPERTY & HOUSING: Prohibits sale or rental of real estate to illegals. Authorizes state real estate commission to revoke or refuse to issue a real estate license to any person, firm, association or corporation which engages in the purchase, sale, rental, or option of an interest in real estate or business opportunity with individuals who have illegally entered the United States. Authorizes state revenue commissioner to order county clerk or municipal recorder to refuse to issue or renew or to suspend or revoke a business license to persons engaging in such business activities with illegal aliens. (S: Haynes; H: Turner M.) Fiscal Note: Dated: March 12, 2007 Increase state expenditures - $354,000 recurring. $170,000 one-time. Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/17/2007. House Status: Taken off notice in House Commerce Industrial Impact Subcommittee 02/13/2008.
SB 1369* HB 1305	LOCAL GOVERNMENT: Leak adjustments for water utility customers. Requires leak adjustments to be provided at least two times annually to each customer of a municipally-owned water or sewer utility. One-half of all excess costs over the normal billing cycle or cycles shall not be charged to the customer, (S: Haynes; H: West) Fiscal Note: Dated: March 1, 2007 Decrease local govt. revenues - exceeds $100,000. Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice in House State & Local Government 02/19/2008.
SB 1382 HB 0649*	PROPERTY & HOUSING: State fire marshal guidelines for gated communities. Requires state fire marshal to promulgate guidelines to be used by zoning boards, including municipal planning commissions and regional planning commissions with regard to approving plans submitted by developers where vehicular access gates are to be installed surrounding gated communities, apartments and condominiums. Requires state fire marshal to establish a minimum width to accommodate all types of emergency vehicles entering such gated communities. Broadly captioned. (S: Haynes; H: Turner M.) House amendment 1 changes the effective date to July 1, 2008. House amendment 2 changes the language to read rules instead of guidelines. House amendment 3 rewrites bill to require developer or owner to obtain a security gate or barrier permit from the authority having jurisdiction in the area prior to installation or replacement of a security gate or barrier at a gated facility or community. Requires all security gates or barriers to be equipped with a radio operated receiver/controller capable of receiving signals from the police department, sheriff's department, fire department and emergency medical services' radio transceivers serving the gated facility or community which allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of such equipment. Clarifies that the maintenance and upkeep of any security gate or barrier is the sole responsibility of the developer or owner. Specifies that the provisions of this bill apply to any gated facility or community, whether residential, commercial or industrial. House amendment 4 requires any necessary equipment to be furnished, installed, and maintained by the gated facility or community and requires the county or municipal building or codes inspector to inspect the gates for the necessary equipment during routine inspections. House amendment 5 adds utility companies to the provisions of the bill. Fiscal Note: Dated: February 19, 2007 Increase state expenditures - not significant. Senate Status: Senate passed 05/07/2008. House Status: House 05/06/2008 passed with amendments 1, 2, 3, 4 & 5. Other Status: Sent to the speakers for signatures 05/07/2008.
SB 1496* HB 1612	PROPERTY & HOUSING: Enforcement of building and safety codes. Allows municipalities, associations, nonprofit corporations, and certain individuals to bring a civil action to enforce building, safety, sanitation, and related codes and ordinances related to housing. Any building that is found to be in violation of such ordinances three or more times within 12 months will be declared a public nuisance. (S: Stanley; H: Miller L.) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Local Government Subcommittee 04/18/2007.
SB 1526 HB 0489*	JUDICIARY: General sessions court to be court of record. Designates general sessions courts as courts of record. (S: Beavers; H: Rowland) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Civil Practice Subcommittee. Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/22/2007 because the sponsor has indicated it will be taken off notice.
SB 1570*	PROPERTY & HOUSING: Landlord liability - eviction, fines. Increases cost for removal of belongings in eviction case landlord is liable for from $200 to $400 when prostitution or illegal controlled substances are involved. Specifies that landlord who knowingly removes or excludes a tenant from the premises or diminishes services to the tenant by interrupting essential services in violation of this chapter commits a Class C misdemeanor. (S: Herron) Senate Status: Referred to Senate Judiciary.
SB 1625 HB 0970*	PROPERTY & HOUSING: Definition of nuisance expanded. Adds to definition of nuisance the violation of building, fire, housing, electrical or other codes or regulations adopted by local government to protect public health, safety or welfare. (S: Finney R.; H: Overbey) Senate Status: Taken off notice in Senate Judiciary 05/16/2007. House Status: Taken off notice in House Civil Practice Subcommittee 04/17/2007.
SB 1880 HB 1120*	JUDICIARY: Appeal of judgment to circuit court - timeframe changed. Changes period of time after a judgment of a recorder or other officer of a municipality charged with the conduct of trials in which a person may appeal such decision to the next term of circuit court from ten days, Sundays exclusive, to ten business days. (S: Jackson; H: Buck) Senate Status: Referred to Senate Judiciary. House Status: Caption bill held on House clerk's desk.
SB 1889* HB 1719	JUDICIARY: Appeal of judgment - time period changed. Changes period of time after a judgment of a recorder or other officer of a municipality charged with the conduct of trials in which a person may appeal such decision to the next term of circuit court from ten days, Sundays exclusive, to ten business days. (S: Norris; H: Casada) Senate Status: Referred to Senate Judiciary. House Status: Caption bill held on House clerk's desk.
SB 2400* HB 2433	COMMERCIAL LAW: Requirements for scrap metal sellers and dealers. Requires dealers buying and selling scrap metal to register with the department of commerce and insurance by October 1, 2008. Prohibits dealer from purchasing scrap metal from a person unless such person provides dealer with state or federally issued photo identification card that appears valid on its face to the dealer. Requires scrap metal dealer to record information from photo ID, in addition to license plate number and make and model of vehicle the seller is driving, and maintain this information as part of the transaction record. Also requires dealer to obtain thumbprint impression of seller. Prohibits immediate payment for purchase of copper, catalytic converters, and air conditioner evaporator coils. Establishes criminal penalties and civil forfeitures for violation of act. (S: Kyle; H: McDonald) Senate amendment 1 provides clean-up language, changing the words, "buyer" and "purchaser," with "seller" in Section 1 of the bill. Senate amendment 2 deletes provision allowing for seizure of vehicle. House Judiciary amendment 1 provides clean-up language, changing the words, "buyer" and "purchaser," with "seller" in Section 1 of the bill. House Judiciary amendment 2 deletes provision allowing for seizure of vehicle. The Memphis ordinance is still intact. Fiscal Note: Dated: January 17, 2008 Increase state revenue - $34,000/one-time. $14,000/Biennially beginning in year 3. Increase state expenditures - $20,000/one-time. $7,000/recurring. $2,300/incarceration. Increase local gov't. revenue - not significant. Increase local gov't. expenditures - not significant. Senate Status: Senate 02/06/2008 passed with amendments 1 and 2. House Status: House passed 03/24/2008. Signed by governor 04/07/2008. Enacted as Public Chapter 690 (effective 07/01/2008).
SB 2542 HB 3853*	PROPERTY & HOUSING: Housing standards for individuals 55 and older. Specifies requirements for dwellings designated for people 55 and older in cities and counties that have adopted building codes. Requires that 25 percent of private dwellings and 100 percent of rental dwellings for such individuals meet the following criteria: parking spaces must be 100 feet or less from each entrance and units must meet the minimum standards of ANSI. Excludes owners building a dwelling for personal use on their own land, any facility licensed by the board of licensing health care facilities, and any public housing. (S: Henry; H: Casada) Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: Referred to House Commerce.
SB 2563 HB 2419*	JUDICIARY: Civil warrants issued by general sessions court. Increases the time that civil process issued by a court of general sessions is required to be served from 30 days to 60 days from its issuance. (S: Woodson; H: Overbey) Fiscal Note: Dated: December 3, 2007 Minimal. Senate Status: Senate passed 01/28/2008. House Status: House passed 02/14/2008. Enacted as Public Chapter 0608 (effective 07/01/2008).
SB 2571* HB 2590	TRANSPORTATION GENERAL: Parking for disabled. Requires businesses to provide disabled parking. Specifies if at least four disabled parking spots are provided, one parking space should be van accessible. Requires van accessible parking spaces to be at least nine feet wide and to have an adjacent access aisle that is at least eight feet wide. (S: Marrero; H: Richardson) Senate Status: Senate 05/01/2008 concurred in House amendments 1 & 2. House Status: House 04/28/2008 passed with amendments 1 & 2. Amendment 1 requires the van accessible parking space for the disabled to be "at least eight feet wide" instead of "at least nine feet wide." Amendment 2 requires that the additional sign for van accessible parking spaces read "priority for wheelchair use" instead of "wheelchair user only." Adds that such spaces may have an additional sign, mounted below the other required signs, stating that priority should be given to disable van access and that other disabled vehicles should use the space only if no other disabled space is available. Other Status: Sent to the speakers for signatures 05/01/2008.
SB 2600 HB 2528*	GOVERNMENT REGULATION: Smoke detectors required to be photo-electric devices. Requires that all statutorily required smoke detectors be photo-electric devices by January 1, 2009. Applies to foster care dwellings, nursing homes, assisted-care living facilities, licensed homes for the aged as well as certain single family and multi-family residential dwelling units. (S: Burchett; H: Turner M.) House Commerce Industrial Impact amendment 1 rewrites the bill. Mandates that smoke detectors in new construction or renovations only must be photo-electric devices or combination (photo-electric and ionized) except in kitchen areas, where the devices must be photo-electric devices. Provides that requirement applies so long as such replacement does not require modification to an existing central fire alarm panel or system. States that on or after July 1, 2010, no individual non-photo electric smoke detectors shall be offered for sale in this state. A new amendment requires a photo-electric detector only in the Kitchen if renovated or replaced. Fiscal Note: Dated: March 10, 2008 On February 12, 2008, we issued a fiscal note indicating an increase in state expenditures of $189,100, and increase in federal expenditures of $85,000 and an other fiscal impact that the Board for Licensing Health Care Facilities will hold an additional meeting in FY09 at a total cost of $6,000 for travel reimbursements, per diem, a court reporter and a transcript. These one-time expenditures can be funded from existing resources of the Board without the collection of additional revenue. Based on further analysis, the fiscal impact of this bill is as follows: (CORRECTED) Increase state expenditures - $6,000/one-time. $189,100/recurring. Other fiscal impact - Increase federal expenditures - $85,000. Senate Status: Taken off notice in Senate General Welfare 03/12/2008. House Status: House 05/06/2008 passed with amendment 1. House amendment 1 rewrites the bill. Specifies that if statutorily required smoke detectors are not combination then the facility with the required smoke detectors must have both photo-electric and non-photo electric devices in the facility, except in kitchen areas, where the devices must be photo-electric devices. Requires such smoke detectors to, when activated, "initiate an alarm that is audible in the sleeping rooms of the dwelling." Provides that requirement applies so long as such replacement does not require modification to an existing central fire alarm panel or system.
SB 2885 HB 2746	PROPERTY & HOUSING: Exemptions from Uniform Residential Landlord and Tenant Act. Expands the application of the Uniform Residential Landlord and Tenant Act to all counties with a population of more than 68,000 by removing statutory exemptions for certain counties. (S: Haynes; H: Lundberg) Senate Commerce amendment 1 adds to the effective date clause, that the act shall apply to rental agreements entered into or extended or renewed on or after the effective date (July 1, 2008). Senate Commerce amendment 2 changes the effective date from July 1, 2008, to "upon becoming law" and adds that, for all other purposes, the act shall take effect October 1, 2008, and shall apply to rental agreements entered into or extended or renewed on or after that date (October 1, 2008). House Judiciary amendment 1 eliminates the bill's requirements that a study be done on the expansion of the Uniform Landlord and Tenant Act. Senate Status: Senate 05/07/2008 passed with amendment 2. Senate amendment 2 changes the effective date from July 1, 2008, to "upon becoming law" and adds that, for all other purposes, the act will take effect October 1, 2008, and will apply to rental agreements entered into or extended or renewed on or after that date (October 1, 2008). House Status: Set for House floor 05/13/2008.
SB 3048 HB 3083	Rental premises minimum health standards - complaints. Increases to $200 from $50 the maximum weekly rental amount for renter to qualify as tenant and therefore qualified to file complaint for viola tion of state's minimum health standards for rental premises. Permits third party complaint filings and sets forth procedures for such complaints. (S: Finney R.; H: McCord) Senate amendment 3 extends the period of time within which the building inspector or representative of the public health department is required to inspect a building immediately following the filing of a complaint alleging that the premises are unfit for human habitation from within 10 days to within 14 days. Requires the complaint to be forwarded via certified mail to the tenant's landlord or the landlord's agent. Defines "agent" as a person authorized to accept service of process and receive notices and demands for the landlord, or who is authorized to manage the premises, or who becomes an agent by operation of the Uniform Residential Landlord and Tenant Act, which requires in part that a landlord or rental agent becomes an agent when he does not identify an agent prior to the tenancy beginning. Authorizes service of a notice that a rented premises is unfit for habitation to be served on the landlord's agent as an alternative to service on the landlord. Senate amendment 4 defines "third party complainant" as a heath care provider or public employee who, in the regular performance of his or her duties, has been inside a premises occupied by a tenant. Specifies who is authorized to file a third party complaint with a building inspector. Senate amendment 5 deletes the present law requirement that a tenant be current on rental payments as a condition precedent to the filing of a complaint with the city building inspector or the county health department. House Health & Human Resources amendment 1 makes the bill the bill. Extends the period of time within which the building inspector or representative of the public health department is required to inspect a building immediately following the filing of a complaint alleging that the premises are unfit for human habitation from within 10 days to within 14 days. Requires the complaint to be forwarded via certified mail to the tenant's landlord or the landlord's agent. Defines "agent" as a person authorized to accept service of process and receive notices and demands for the landlord, or who is authorized to manage the premises, or who becomes an agent by operation of the Uniform Residential Landlord and Tenant Act, which requires in part that a landlord or rental agent becomes an agent when he does not identify an agent prior to the tenancy beginning. Authorizes service of a notice that a rented premises is unfit for habitation to be served on the landlord's agent as an alternative to service on the landlord. Defines "third party complainant" as a heath care provider or public employee who, in the regular performance of his or her duties, has been inside a premises occupied by a tenant. Specifies who is authorized to file a third party complaint with a building inspector. Deletes the present law requirement that a tenant be current on rental payments as a condition precedent to the filing of a complaint with the city building inspector or the county health department. House Health & Human Resources amendment 2 specifies that the act doesn't apply to monthly rental agreements, requires the department to report its case load, and sunsets the act in one year so the general assembly can gauge its effectiveness. Senate Status: Senate 02/25/2008 passed with amendment 5 and previously adopted amendments 3 and 4 Senate 05/07/2008 concurred in House amendment 2. Sent to the speakers for signatures 05/07/2008. House Status: House 05/01/2008 passed with amendment 2. Other Status: Sent to the speakers for signatures 05/07/2008.
SB 3515* HB 3331	PROPERTY & HOUSING: Declared heat emergency - use of window air conditioners. Prohibits the enforcement of private covenants that prohibit the use of window air conditioners and other reasonable means of cooling during a declared heat emergency. (S: Kyle; H: Brown) Fiscal Note: Dated: January 23, 2008 Minimal. Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 01/29/2008. House Status: Referred to House Judiciary.
SB 3632* HB 3859	PROPERTY & HOUSING: Notice - nonpayment of rent by tenant. Specifies that only the five-day grace period applies in cases involving only unpaid rent and a specific waiver in a written rental agreement rather than the 30-day period provided in the Uniform Landlord Tenant Act. (S: Finney R.; H: McCord) Senate amendment 2 clarifies that the bill's waiver provision would apply to week-to-week and month-to-month tenancies. Adds boilerplate contract language for inclusion in rental agreements to effectuate a valid waiver of notice. Clarifies that the waiver notice be printed in at least ten-point bold face type. Changes the effective date of this bill from upon becoming a law to July 1, 2008, and applies the law to written agreements entered into or renewed on or after the effective date. Fiscal Note: Dated: January 24, 2008 Increase local gov't. expenditures - not significant. Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/01/2008. House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 4173 HB 4129	TAXES SALES: Club dues, bundled services, software, kerosene, Family LPs and LLCs. Repeals the sales tax exemption for the first $150 in membership fees of recreation clubs or community services organizations effective 7/1/2008, rather than 7/1/2009. Repeals provision prohibiting deduction from the sales price for the value of exempt items bundled with taxable items. Provides that leases of software and installation or repair of software is taxable. Exempts from sales tax kerosene dispensed directly to the consumer through a metered pump for residential use. (Part of Administration Package - as amended this bill will become the technical corrections bill). The Department of Revenue has issued the amendment to remove the exemptions of commercial, industrial and residential rents (except single family dwellings rentals) as passive income from personal and real property from Franchise and Excise Taxes on Family Limited Partnerships and Family Limited Liability Corporations in the Technical Corrections Bill. SB 4173 by Senator Jim Kyle and HB 4129 by Representative Gary Odom are Administration Caption Bills with the amendment to include this provision. This Bill will adversely impact Family Limited Partnerships and LLC's in that these family entities will be placed in a 6.5% excise tax and a 25 cent per $100 franchise tax disadvantage to REITS and other entities in the market place. Residential Rents will have to be increased to cover this tax. Please email your Senator opposing this provision of the Bill.(S: Kyle; H: Odom) Fiscal Note: Dated: March 3, 2008 Increase state revenue - $965,700. Increase local revenue - $310,400. Senate Status: Senate Finance Tax Subcommittee deferred to next meeting. House Status: Referred to House Finance Budget Subcommittee.