Legislative Bulletin – Feb 12, 2018 By Tennessee Municipal League

Editor’s Note: The Tennessee Municipal League sole purpose is to defend municipal governments. This includes cities, utilities, hospitals, etc. that have taken on the muni title. Their interests are not necessarily in the interests of free thinking citizens.


Monday, February 12

House

  • FINANCE/TAXATION HB1490 (HAZELWOOD, PATSY) / SB1493 (HAILE, FERRELL)

House Local Government Committee

As introduced, clarifies that “balloon indebtedness” under the Local Government Public Obligations Act of 1986 includes the refinancing of a debt that creates a final maturity date that is 31 or more years from the original date of issuance.

  • FINANCE/TAXATION HB1490 (HAZELWOOD, PATSY) / SB1493 (HAILE, FERRELL)

House

As introduced, clarifies that “balloon indebtedness” under the Local Government Public Obligations Act of 1986 includes the refinancing of a debt that creates a final maturity date that is 31 or more years from the original date of issuance.

Senate

  • FINANCE/TAXATION HJR () / SJR494 (KELSEY, BRIAN)

Senate Finance, Ways and Means Committee

Proposes additional language in Article II, Section 28 to prohibit the general assembly from levying or permitting any state or local tax upon income derived from stocks and bonds that are not taxed ad valorem.

Tuesday, February 13

House

  • GENERAL GOVERNMENT HB1670 () / SB1484 (BRIGGS, RICHARD)

House

Deletes requirement for cities whose boundaries are within more than one county and without an established assessment office to contract with the State Division of Property Assessments to complete reappraisals. County property assessors are currently completing reappraisals for such cities. This legislation codifies the current practice.

 

Thursday, February 15

Senate

  • No bills of municipal interest are scheduled.

House

  • No bills of municipal interest are scheduled.

Committee Calendar

Tuesday, February 13

House

  • PURCHASING HB1803 (CARR, DALE) / SB1906 (YAGER, KEN)

House Local Government Committee

As introduced, authorizes a local government to execute a cooperative purchasing agreement with other local, state, and federal governmental entities for purposes of purchasing farm tractors, mowers, earth-moving and construction machinery, and similar machinery and equipment; provided, that a local government does not have the authority to purchase construction machinery under a cooperative purchasing agreement with an agency of the United States.

  • FINANCE/TAXATION HB1504 (HAWK, DAVID B.) / SB1516 (DICKERSON, STEVEN)

House Local Government Committee

As introduced, requires industrial development corporations to maintain a listing of debt obligations and file the listing with the state funding board.

  • UTILITIES HB2279 (LAMBERTH, WILLIAM) / SB2504 (KETRON, BILL)

House Business and Utilities Subcommittee

Enacts the “Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018,” which: 1) Prohibits a municipal authority to restrict the size, height, or otherwise regulate the appearance or placement of small wireless facilities; 2) Requires any applicant, a person who is seeking a permit to install a small wireless facility, to replace existing authority-owned utility poles and must reasonably conform to the design aesthetics of the utility pole being replaced; 3) Allows an applicant up to include up to 20 small wireless facilities within a single application to an authority; and 4) Requires the authority to determine whether an application is complete and notify the applicant within 10 days of receiving an application and must approve or deny an application within 60 days of receipt of the application.

Limits Authority

  • PUBLIC SAFETY HB631 (STAPLES, RICK) / SB619 (HARRIS, LEE)

House Education Administration & Planning Committee

Requires the state board of education to promulgate rules, in accordance with the Uniform Administrative Procedures Act, to implement a program to reduce the potential sources of lead contamination in drinking water in public schools by; periodically testing of lead levels in drinking water sources at school facilities that were constructed prior to June 19, 1986, and by utilizing samples consisting of the first two hundred fifty milliliters drawn of water that has sat in plumbing overnight to identify lead levels that exceed twenty parts per billion. The board must provide notice of the result of any lead level test that exceeds twenty parts per billion to the commissioner of environment and conservation within twenty-four hours of receipt of test results. The board must notify the parents and guardians of all students who attend a school where the results of a retest for lead levels exceeded twenty parts per billion.

Increase Expenditure

Senate

  • UTILITIES HB1591 (MCCORMICK, GERALD) / SB1646 (YAGER, KEN)

Senate Commerce and Labor Committee

As introduced, grants authorization for electric cooperatives to install, and allow others to install, communication lines across real property, personal property, rights of way, and easements owned, held, or otherwise used by the cooperative. This bill also specifies that the above-described authority applies to broadband internet access as well as telecommunications services.

Wednesday, February 14

House

  • FINANCE/TAXATION HB2183 (LAMBERTH, WILLIAM) / SB2476 (ROBERTS, KERRY)

House Finance, Ways and Means Study Subcommittee

As introduced, exempts sales of gun safes from sales and use tax.

  • FINANCE/TAXATION HB2486 (HOLT, ANDREW) / SB2701 (BAILEY, PAUL)

House Finance, Ways and Means Study Subcommittee

As introduced, exempts from sales and use tax the sale of any agricultural trailer.

  • GENERAL GOVERNMENT HB1526 (HULSEY, BUD) / SB1701 (LUNDBERG, JON)

House Business and Utilities Committee

As introduced, increases investment period by five years for a border region retail tourism development district.

  • GENERAL GOVERNMENT HB1804 (HOWELL, DAN) / SB2473 (ROBERTS, KERRY)

House State Government Subcommittee

Prohibits a state or local licensing authority from entering into a contract with a lobbyist or a lobbying firm.

Limits Authority

  • UTILITIES HB1591 (MCCORMICK, GERALD) / SB1646 (YAGER, KEN)

House Finance, Ways & Means Subcommittee

As introduced, grants authorization for electric cooperatives to install, and allow others to install, communication lines across real property, personal property, rights of way, and easements owned, held, or otherwise used by the cooperative. This bill also specifies that the above-described authority applies to broadband internet access as well as telecommunications services.

  • PUBLIC SAFETY HB884 (MATHENY, JUDD) / SB1341 (BAILEY, PAUL)

House Criminal Justice Subcommittee

permits a valid handgun carry permit holder to carry a firearm at any time and in all places in Tennessee unless the permit holder has been drinking alcohol, is in a judicial proceeding, or is on school grounds and does not tell the principal.

  • GENERAL GOVERNMENT HB54 (ZACHARY, JASON) / SB127 (GREEN, MARK)

House State Government Subcommittee

Amends Title 4, Chapter 1, Part 4 of the Tennessee Code by prohibiting a governmental entity and amends Title 7, Chapter 51 of the Tennessee Code by prohibiting local governments from taking action “discriminatory action” or action that alters the tax treatment, delays, denies or revokes a business’ tax exemption, withholds, reduces, excludes, terminates, denies or otherwise makes unavailable a grant, contract, subcontract, agreement, bond issuance, license, certification or similar opportunity, position or status or withholds, reduces, excludes, terminates, denies or otherwise makes available to an entity access or entitlement to property, facilities, speech forums or charitable fundraising campaigns.

Improved by Amendment Limits Authority

  • GENERAL GOVERNMENT HB1557 (STAPLES, RICK) / SB1614 (HARPER, THELMA)

House Local Government Subcommittee

Prohibits a local legislative body from imposing term limits on a person appointed to a board by the mayor, if the person serves without compensation, not including travel and expenses.

Limits Authority

  • FINANCE/TAXATION HB744 (POWERS, DENNIS) / SB1004 (BEAVERS, MAE)

House Finance, Ways & Means Subcommittee

Creates a Second Amendment sales tax holiday for the first weekend of September of each year for firearms and ammunition. The bill contains a hold harmless provision for local governments.

Reduces Revenue

  • PUBLIC SAFETY HB1602 (MATHENY, JUDD) / SB1955 (PODY, MARK)

House Civil Justice Subcommittee

As introduced, enacts the “Second Amendment Civil Rights Act of 2018”; confers private right of action upon a person to challenge a government entity that refuses to make property available to third parties for Second Amendment activities when the property is made available for other activities; prohibits government entity from banning the possession of a handgun by a handgun permit holder on property owned or administered by the entity unless security officers inspect all persons entering the premises.

  • FINANCE/TAXATION HB744 (POWERS, DENNIS) / SB1004 (BEAVERS, MAE)

House Finance, Ways & Means Subcommittee

Creates a Second Amendment sales tax holiday for the first weekend of September of each year for firearms and ammunition. The bill contains a hold harmless provision for local governments.

Reduces Revenue

  • FINANCE/TAXATION HB2489 (HOLT, ANDREW) / SB2337 (STEVENS, JOHN)

House State Government Subcommittee

As introduced, authorizes required notice of proposed local sales tax to be published on local government’s website in lieu of publication in newspaper of general circulation.

  • GENERAL GOVERNMENT HB1727 (ROGERS, COURTNEY) / SB1496 (HAILE, FERRELL)

House Civil Justice Subcommittee

Proposes the following changes to current eminent domain law: 1) Eliminates the 10-year threshold regarding the right of first refusal to the former property owner, making this obligation in effect in perpetuity; 2) Adds a 60-day requirement for notice to the former owner – currently, the former owner must be notified prior to sale and has 30 days to respond; and 3) Adds that if the local government sells or otherwise conveys the property in violation of this bill, then the former property owner will have a cause of action for damages in the amount of: (A) The proceeds of the sale or the fair market value of the property as of the date of filing the action, whichever is greater, minus the cost of any documented expenditures that improved the value of the property; and (B) Attorneys’ fees, if the former property owner is the prevailing party. There is no provision to award attorneys’ fees to the local government entity.

  • LAND USE HB1929 (CURCIO, MICHAEL G.) / SB2214 (SWANN, ART)

House Local Government Subcommittee

As introduced, reduces from eight to six the number of unrelated persons with disabilities who may reside in a home classified under any Tennessee zoning law as a “single family residence”; authorizes municipalities to adopt an ordinance requiring sober living homes to provide notification to the municipality of certain information regarding the home and establish and comply with an operational plan.

%d bloggers like this: