BANKING & CREDIT: Delaying of foreclosure proceedings and eviction of tenant. Delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence as long as the tenant is current on the lease payments. (S: Kyle; H: Odom)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/21/2009.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

BANKING & CREDIT: Prohibiting seizures on bank accounts by debtors.
Prohibits execution, seizure, or attachment on personal bank account of debtor if attempted by any business entity. Makes withdrawal of funds by a business from a personal bank account resulting from delinquency or non-payment an unfair or deceptive act under Consumer Protection Act. (Broadly captioned.) (H: Towns)
House Status: Referred to House Judiciary Civil Practice Subcommittee.

CAMPAIGNS & LOBBYING: Allows trade and professional association to fund PACs. Permits qualifying trade and professional associations to contribute money to association PACs as long as the association has been in existence in TN for at least 5 years and has regular dues-paying members. (S: Stanley; H: McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Failed in House Elections Subcommittee 04/08/2009.

CAMPAIGNS & LOBBYING: Secret Ballot Protection Act of 2009.
Enacts the Secret Ballot Protection Act of 2009 to ensure employees' right to free choice in deciding employment-related matters. (S: Johnson J.; H: Lynn)
Senate Status: Senate deferred to first available calendar of 2010.
House Status: Taken off notice in House Employee Affairs Subcommittee 04/21/2009.

CONSTRUCTION: Energy efficiency - building construction standards.
Requires the state fire marshal to include provisions relative to energy efficiency in statewide building construction safety standards. Deletes exemption from such standards for one-family and two-family dwellings (Part of Administration Package). (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.

CRIMINAL LAW: False information provided to housing projects made theft.
Enacted as Public Chapter 0325 (effective 07/01/2009).
Creates an offense of theft for a person who applies for or receives accommodations in a housing project using false information and grades such offense by its severity. (S: Bunch; H: Matheny) Amendment: House amendment 2, Senate amendment 1 makes the bill. Creates a new offense for a person who receives or attempts to receive accommodation in a housing project by using false documentation or information if the person qualifies for such housing or a lower lease rate than he should have. Specifies that this offense is punishable by a Class A misdemeanor with a fine only and utilizes the grading provision for punishment currently in the code.
Senate Status: Senate passed 05/18/2009.
House Status: House 05/11/2009 passed with amendment 2, which makes the bill. Creates a new offense for a person who receives or attempts to receive accommodation in a housing project by using false documentation or information if the person qualifies for such housing or a lower lease rate than he should have. Specifies that this offense is punishable by a Class A misdemeanor with a fine only and utilizes the grading provision for punishment currently in the code.
Other Status: Signed by governor 05/29/2009.

CRIMINAL LAW: Theft designation for false information about housing.
Specifies that making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or paying less rent than required for such dwelling is considered as an offense of theft. Also specifies that in grading of the offense, the amount taken shall be considered the value of the benefit the defendant derived from the offense. (S: Watson; H: Dean)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/25/2009.

CRIMINAL LAW: Changes to the Non-Smoker Protection Act.
Removes exception for age-restricted venues from Non-Smoker Protection Act. Revises posting requirements to require "no smoking" signs at only the main entrance. (S: Herron; H: Swafford)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Agriculture.

ENVIRONMENT & NATURE: Requirements for public swimming pools. Requires public swimming pools to have certain devices or systems designed to avoid entrapment by suction of users of such swimming pools. (S: Ketron; H: Mumpower)
Fiscal Note: Dated: February 26, 2009 Increase State Expenditures = Not Significant
Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 03/03/2009.
House Status: Referred to House Public Health and Family Assistance Subcommittee.

ENVIRONMENT & NATURE: Drinking Water Access and Resources Planning Act of 2009. Enacts the "Drinking Water Access and Resources Planning Act of 2009." Requires community public water systems, except those serving rental units with fewer than 100 persons, to prepare and submit to the department of environment and conservation a water supply plan, an emergency preparedness plan and a water conservation plan for the departments review and approval. Specifies that a water supply plan includes maps and descriptions of the water system, date on usage in the area of the water system and future estimates of the water system's supply. Establishes a drinking water access and resources fund to be administered by the department of environment and conservation. (S: Berke; H: McDonald)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Referred to House Conservation & Environment. House Government Operations will review if recommended.

PROPERTY & HOUSING: Payment of rent by two or more tenants.
Allows two or more tenants to pay rent as either a single payment from all tenants or as multiple payments from all tenants if the total payment equals the amount of rent in the rental agreement. (S: Ketron)
Senate Status: Withdrawn in Senate 02/26/2009.

PROPERTY & HOUSING: Seller of real property to provide buyer with energy audit. Requires seller of real property to provide an energy audit estimating the energy usage required at the property to the potential buyer prior to the sale. Also requires such audit to be included in the deed of conveyance. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: February 9, 2009 Increase State Expenditures - Not Significant Increase Local Revenue - $849,600 Increase Local Expenditures - Not Significant
Senate Status: Senate Commerce, Labor & Agriculture deferred.
House Status: House Commerce Industrial Impact Subcommittee deferred to 1st calendar of 2010.

PROPERTY & HOUSING: Rental agreement to include energy audit.
Requires rental agreement under Uniform Residential Landlord and Tenant Act to include, as an addendum, energy audit of estimated energy usage at dwelling unit. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: January 22, 2009 Increase Local Expenditures - Not Significant
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to the second calendar of 2010.

PROPERTY & HOUSING: Residential property for rent - energy audit required.
Requires landlord of residential property to provide an energy audit to tenants before entering into a rental agreement. Specifies that failure of landlord to provide energy audit will bind both parties in a month-to-month tenancy. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: January 22, 2009 Increase Local Expenditures - Not Significant
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to the last calendar of 2010.

PROPERTY & HOUSING: Rented premises unfit for habitation.
State Summary: Public Health - As introduced, deletes the July 1, 2009, repeal of the codified provisions of 2008 Public Chapter 1027 for certain provisions dealing with rented premises unfit for habitation. - Amends TCA Title 68, Chapter 111. (S: Overbey, H: McCord)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Public Health and Family Assistance Subcommittee.

PROPERTY & HOUSING: Victims of domestic abuse - termination of rental agreement. Allows a tenant who is the victim of domestic abuse, sexual assault, or stalking to terminate lease agreement for person's primary residence upon submitting certain evidence to the landlord in writing and vacating the premises. - Amends TCA Title 66, Chapter 7, Part 1. (S: Burks;
H: Jones S.)
Senate Status: Taken off notice in Senate Judiciary 05/13/2009.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/22/2009.

PROPERTY & HOUSING: Housing authority redevelopment - blighted property. Redefines "blighted area" for purposes of housing authority redevelopment as a single parcel of land the condition of which causes the risk of immediate physical harm to people or other property. Clarifies that immediate physical harm does not include a loss of property value to surrounding parcels of land. (S: Bunch; H: Campfield)
Senate Status: Senate Judiciary deferred.
House Status: House State Government Subcommittee deferred to 2010.

SB 1351
HB 0057

Download
Bill Text

PROPERTY & HOUSING: Requires energy audit for commercial buildings.
Requires each owner of an existing commercial building to have a comprehensive energy audit conducted. Specifies that audit must identify building's energy consumption and conservation procedures, and indicate if there is need for energy conservation measures. Requires that each owner must display notice containing energy audit results by January 1, 2010 to all tenants and potential tenants of the building. - Amends TCA Title 13. (S: Tate; H: Hardaway)
Fiscal Note: Dated: January 23, 2009 Increase local revenue - not significant. Increase local expenditures - not significant.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee deferred to first calendar of 2010.

PROPERTY & HOUSING: Requirements for owners of former meth houses.
Prohibits the selling of any residence where a clandestine methamphetamine laboratory is known by the seller of such property to have been operated until the property has been properly decontaminated and cleaned by a certified CML cleanup contractor and certified that such property is safe for human use by a certified industrial hygienist. Requires the seller of such property to provide any prospective buyers with notice that a CML has been operated at the residence and certification of the required cleanup. Creates a Class A misdemeanor for such violation. (S: Stanley; H: Towns)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/25/2009.

PROPERTY & HOUSING: Davidson County - notification of tenant disorderly conduct. Requires law enforcement officers in Davidson County to notify the landlord in certain circumstances if such officers are dispatched to investigate complaints of disorderly conduct or to serve warrants for the arrest of tenants of residential rental property. (S: Henry; H: Odom)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.

PROPERTY & HOUSING: Notice to terminate tenancy - foreclosure. Requires any person or entity that acquires a residential property to provide 30 days' written notice prior to terminating the tenancy of a residential tenant who occupies the residential property at the time of the state. Establishes that this section applies to all residential rental property including, without limitation, residential rental properties located in any county governed by the Uniform Residential Landlord and Tenant Act. (S: Crowe; H: Johnson P.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 05/05/2009.
House Status: House Judiciary Committee deferred to summer study.

PROPERTY & HOUSING: Leases for residential rental property in Davidson County. Requires any lease entered into for residential rental property in Davidson County to contain a provision requiring the tenant to pay to the county clerk the amount of the rent due under the lease if the owner of the property fails to pay such costs within 30 days of such a hearing. Specifies that the clerk must notify the tenant in any month that the rent is to be paid to the clerk to be used to cover the costs assessed against the owner of the property. Clarifies that the rent will be paid into the court until the assessed costs have been fully satisfied. (S: Harper; H: Pruitt)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee 04/22/2009.

PROPERTY & HOUSING: Rented premises unfit for habitation.
Enacted as Public Chapter 0237 (effective 05/20/2009).
Provides for the continuation of present law pertaining to rented premises unfit for habitation until later amended or repealed. (S: Overbey; H: McCord)
Senate Status: Senate passed 05/04/2009.
House Status: House passed 04/16/2009.
Other Status: Signed by the Governor 5/20/2009.

TAXES BUSINESS: TN Employer Privilege Tax Act.
Enacts Tennessee Employer Privilege Tax, a 3% tax on compensation. Tax is on employer, but employer may withhold tax from employee wages. Broadly captioned. (S: Tate; H: Camper)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.

TAXES BUSINESS: Revises excise tax exemption for FONCEs.
Revises the excise tax exemption for certain family-owned non-corporate entities (FONCEs). Includes rents from residential or farm property but not commercial or industrial property and not including golf course playing hole improvements. (Part of Administration Package) (S: Kyle; H: Turner M.)
Senate Status: This bill was merged into the Technical Corrections Bill. The Bill passed the Senate Finance Committee to the Full Senate and passed the Full Senate with no amendment for an exemption floor. The elimination of the FONCE will raise an estimated $25,000,000.00 according to the Fiscal Note from the Finance Department.
House Status: This bill was merged into the Technical Corrections Bill which passed  in the House Budget Subcommittee meeting to the Full Committee and passed the Full Committee to be heard today in The Calendar and Rules Committee and later this week in the Full House. Representative Charles Sargent proposed an amendment to exempt entities that have less than $500,000 in assets. The amendment would cause the loss of $4,000,000 in revenue. The amendment failed by a voice vote. All Family owned Limited Liability Partnerships and Companies will no longer be exempt from Franchise and Excise Taxes on property and earnings if this Bill passes in its present form.

TAXES GENERAL: Constitutional amendment - prohibition on income tax.
Proposes an amendment to Article II, Section 28 of the state constitution to clarify language that currently prohibits the levying of a tax on any class of income, other than income derived from stocks and bonds, and to prohibit any tax levied on or measured by employer payrolls. (H: Kelsey)Amendment: House Budget Subcommittee amendment 1 deletes section relative to electronic publication and notification.
Fiscal Note: Dated: January 5, 2009 Increase state expenditures - not significant
House Status: Set for House Finance Budget Subcommittee Behind the Budget Calendar 06/15/2009.

TAXES PROPERTY: Classification for affordable housing rental property.
Provides for the classification of certain property as affordable housing rental property. Provides for assessment of tax based on present use value, which is defined as gross revenue from restricted rents times 6.0. Allows any owner to file an application for such classification with the assessor of property of such county on or before March 31 on the first year for which the classification is sought. (S: Haynes J.; H: Sargent)
Senate Status: Senate Commerce, Labor & Agriculture deferred.
House Status: Taken off notice in House State Government Subcommittee 05/06/2009.

TRANSPORTATION GENERAL: Private parking services - device for immobilization. Adds to the list of unfair or deceptive acts considered to be unlawful under the Consumer Protection Act of 1977 the offense of engaging in the business of operating private parking services and committing the following: using any device to immobilize a motor vehicle for unauthorized parking on property; charging a fee to remove such immobilizing device; or refusing to allow the owner to pay such fee by such cash, credit card or personal check. (S: Marrero; H: Towns)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer Affairs Subcommittee.

TRANSPORTATION VEHICLES: Owner's agent - approval for towing vehicle from property. Specifies that the owner of private property cannot designate garage keeper or towing firm, or an employee of either, as owner's agent to approve towing of a vehicle from private property. (S: Tate; H: Richardson)
Senate Status: Senate passed 05/04/2009.
House Status: Held on House clerk's desk.

TRANSPORTATION VEHICLES: Notice of tow of an abandoned or unclaimed vehicle. Increases to 30 days, from 15 days, when notice of tow of an abandoned or unclaimed vehicle must be given to last registered owner. (S: Haynes J.; H: West)
Senate Status: Referred to Senate Transportation.
House Status: Caption bill held on House clerk's desk.