Tennessee House of Representatives 112th House Local Government Committee, 16 Mar 2021

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From YouTube: House Local Government Committee- March 16, 2021

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House Local Government Committee- March 16, 2021

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Everyone please take their seats. Welcome to members and guests today is march 16 2021. I hereby call local government full committee to order madame clerk. Will you please take the rope.

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Representatives, coffee carr carter, chisholm, gant, helton, hodges, holzclaw, leatherwood, love, manus, miller, moody, moon, reedy, rudd, sexton, shaw williams, vice chairman wright, chairman crawford, mr chairman, you have a quorum.

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Thank you, madam clerk. uh Does any of the members have any announcements or um anything for record reflect that representative carter is excused today we have 17 bills. Oh I'm sorry, chairman moody, you're recognized.

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I I believe he has a bill up today, but I did want to start off by saying that today is chairman, kiesling's birthday, happy.

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Birthday chairman.

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Keyson, I think if it's your birthday, your bill gets automatically rolled to the bottom.

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Our first bill is house bill 652 by chair lady hazelwood. Do I have a motion proper motion in a second chair, lady you're, recognized on your bill.

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You, mr chairman, this legislation is just removing some outdated um requirements and some income requirements for utility districts and utility.

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Authorities and providing consistency in the code they're just.

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A number of places where there were inconsistencies, particularly about budgeting requirements and so forth. It also requires the comptroller oversight for water and waste management for water and wastewater authorities. The same oversight, that's required for utility.

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Districts with that, mr chairman, I stand ready for any questions.

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So any questions for chair lady, we have a question on the bill, but before we can do that, I have we have a couple of speakers that would like to speak. So at this time. Without objection, we'll go out of session and our first speaker today will be hayden pendergrass. Is he here he's passing uh next on? The list is betty knotts? Is she here?

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Okay, that takes care of uh our speakers, so we'll now go back into section and we have a question on the bill from leader gantt we're ready to vote all those in favor of.

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Let me get my bill number house bill, 652, moving on to calendar finance ways and means: please say aye. Those opposed no bill moves on to finance ways and means. Thank you, chair, lady.

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Our next bill is a local bill uh house bill 1528 by chairman powers. Do I have a motion proper motion and second, the bill is before us properly and I do have a vote of two-thirds from his local chairman. So chairman powers, you are.

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Okay, we are now okay, sorry, patsy turned it off on me. I believe uh house bill 1528, allows the city of jelico, subject to local approval, to levy a two percent tax on the purchase of food from restaurants, with over two hundred thousand dollars in sales per year. This revenue will be applied to debt reduction that was incurred a few years ago before the comptroller stepped in and helped restructure the finances of the town.

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The tax will have a sunset provision to expire when a debt has been eliminated, got in trouble a few years ago, trying to reduce the debt, and so this would have to be subject to local approval so to go on the ballot and with that I'll, take any questions. Any.

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Questions been called on the bill, all those in favor of house bill, 1528, moving on to calendar rules, please say aye. Those opposed no bill moves on to calendar and rules. Thank.

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You, mr chairman,.

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Item number three house bill, 230 by chairman, vaughn, see with us. We will roll him down to let's roll him down three spaces he's presenting in another committee.

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uh Item number four chairman farmer house bill got a proper motion in second on the bill. We do have an amendment on the bill uh proper motion. In second, will you please verify your drafting code, chairman farmer,.

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I can do that, and that would be is that 4377 that is correct. Okay, good deal, we've.

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Got a proper motion and second on the amendment you're recognized on the amendment, sir and.

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uh And brought this amendment, I've worked with the hoa association, miss gentry and we brought this just cleans up a couple. Things takes out the redundancy and the in the bill itself and then cleans up some language. So it's just it's just it's non-substantive nature.

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Any questions for chairman farmer on the amendment seeing none all in favor of amendment 4377 going on the bill, please say aye those opposed. No. The amendment is now on the bill. Chairman farmer, you're recognized on the bill as amended.

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And thank you, uh mr chairman committee members, and I had I had this bill last year. I guess it was a year before last and we got hit with the cove but didn't make it through the senate made it through this committee, and I know this committee is made up of different members now, so I'm going to tell y'all what this does say.

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If you have a home, that's left to you by by say your mother or family member or something and you have it in ho8 right uh and the hoa doesn't have any rules that precludes you from renting this home long term. This is this bill's talking about six months or more rentals, we're not talking about overnight rentals. Here, that's a different story. Okay!

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So if you're renting that home say for a year lease and the hoa has no no preclusions in their bylaws saying you can't and then they come in and have a meeting say you know what we just want permanent residents here only in our hoa and they could. They could tell you that you cannot rent that home anymore, either live in it or it just sits empty.

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So what I'm trying to do is create a way to protect those folks, who've made investments or maybe even received inheritances that are in hoas to rent their properties long term and continue to do so until that property is transferred, say once they sell it. And then, if the hoa has changed the bylaws at that during that point in time of ownership, then the property will fall back into the rules of the hoa at that point in time.

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So my thing is we don't want the hoas coming in and telling you what to do inside your home once you've kind of made an investment, that's kind of what you're doing, but once it's transferred, don't let those rules apply. So that's what I'm trying to trying to do here, I'll just ask for approval.

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Representative love, you're, recognized.

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Thank you, mr chairman, and thank you chairman farmer. You answered a lot of what I was going to ask. I.

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Want to ask: what was the genesis of this bill, but.

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I want to be clear that you said this has nothing to do with short-term rentals, correct, no.

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It does not, and we specifically put that language in there. This is six months or longer didn't want to want to get into the short-term argument here. So this is long-term. Rentals.

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Representative shaw, you're, recognized: okay. Is there any more questions.

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A follow-up thank you. Jim, go ahead, representative love.

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And just because I've got emails about this about whether this would allow corporations to come in and purchase.

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Houses and then rent those out well, I think that mr chairman, karen go ahead. I apologize, um I think, under current law and the current structure of some hqas, I think you know entities could come in and purchase homes in that hoa under an llc status. Currently- and you know the thing about what I thought about is this: you know if this was such a big issue for these hoas. Why haven't they taken this last two years or year and a half to do something about this?

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And hopefully those folks that had issue with this have changed their bylaws and have had the meetings to preclude this from happening uh in this instance. So I don't think that there would be any sort of issue with that currently, but on the front end of things currently, so I don't, I guess, maybe I've answered your questions. Maybe I made it clear as mud, I don't know so all.

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Right. Thank you thanks chairman.

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We have the question has been called on house bill 1127 as amended all those in favor, please say: aye. Those opposed no bill moves on to calendar and rules yeah. Thank you. Mr chairman committee members. You're welcome. Without objection, I'm going to call house bill 230 up by chairman vaughan, got a proper motion in second on the bill. We do have an amendment on the bill as soon as they get done, cleaning the podium. If you don't care chairman vaughn, please verify your drafting code.

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Thank you for the courtesy mr chairman, and the drafting code is 4518.. That is correct. We got a prop. We got a proper motion and second on the amendment chairman vaughn you're, recognized on the amendment. Thank you so.

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By one of my, uh the situation came up during the pandemic and has uh since uh since manifested itself what this allows: the uh a property tax payer to appear in front of the board of adjustment via electronic means uh at the choice of the taxpayer.

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What this will do is this: will this makes this the board of adjustment to have to be able to allow those people to, and it can be, whether it be speakerphone, whether it be whatever means that they put forth, but basically they can register their attendance by by being there electronically. We believe this allows elderly and folks that are concerned about their health to be able to stay segregated and still have their concerns met.

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Question on the amendment, yes, is that what you're calling okay we've had a question on the amendment? All those in favor of putting house, I mean amendment number five, four, five, one eight on to house bill, 230, please say aye those opposed. No. The bill is now amended. You're recognized chairman vaughn on your bill. As amended, question has been called on the bill. We're ready to vote all those in favor of house bill, 230.

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Moving on to uh calendar rules, please say aye. Those opposed! No, your bill moves on to counter rules. Thank you chairman. Thank you. Committee.

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Yeah we will. uh Our next bill is by chairman, halford and he's presenting in another committee, so we will skip over those two and we'll come to the birthday boy chairman keisling house, bill 719. Do I have a motion, proper motion and second, we do have a uh drafting code for an amendment. Can you verify that sir? We.

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Will we'll do our best? Thank you chairman and thank you chair, uh chair, lady moody. I appreciate that very kind of y'all.

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The uh drafting code for our amendment chairman is 4473 hope that complies with what you have that is correct.

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Sir, so we have a proper motion in second on the amendment chairman keisling you're, recognized on your amendment.

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Thank you and that the amendment actually makes the bill and, let's yeah, let's talk about the amendment right now. The amendment was written to address the concerns of the county, mayor's association and the uh and the tcsa tennessee county service association.

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The uh it clarifies that the bill does not direct the method for providing these services further. It states that the service can be provided by a public, private or non-profit entity by contract through interlocal agreement with a hospital or health care facility, or for that matter, any other structure suitable to provide at least one licensed ambulance service.

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It reiterates that a county is not a repeat, is not required to appropriate county revenues for this service if it can be provided by other means. And finally, the amendment codifies the existing relationship between counties and municipalities in regards to their ability to provide this service with the approval of their governing bodies. um Mr chairman, last uh for those members that were not in our your sub last week, I know you brought to my attention if- and I think this is timely.

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Maybe I should uh wait and get a see if we can get a vote. Approval on the amendment before I go into my final remarks here from last from last week or but I know you your question, you had a couple of questions that you posed to us and the first one was: is this bill in any way creating a franchise for any of our counties? And then your second question was: does it not rest or does it does the bill restrict a public service along with a county funded service?

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Now counties may have three four or five services, which is true, if that's what it takes to cover the county with correct services, and my response was uh no that and that that is correct and I followed up with uh with the uh lobby stone there.

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Thank you, chairman keisling, and uh is there anyone have like to be recognized on the amendment representative, shaw, you're, recognized.

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Thank you, mr chairman and mr chairman, just so, I can understand the amendment uh to authorize counties to provide for the provision of if I can turn this page amulet services within other local governments which have not established ambulance services without approval of the applicable government governing body to be served.

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uh Explain that make that clear to me exactly what that amendment is saying.

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Right now, in statute, the only two services that are uh are provided in statute to be provided is fire and police, and all we're trying to do is get get this codified or get this in statute where that a county would would provide it would that it would be designated as an essential service. Now, let me let me further state that it directs all county governments representative shaw, the county government bodies to make provisions to ensure at least one licensed ambulance. At least one now license ambulance service is available within that county two.

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It establishes the counties that are not required to appropriate county revenues for ambulance service and then three it authorizes counties to provide for the provision of ambulance service within their local governments. Now we have uh representative shaw and others, mr chairman, uh we I think we have uh received approval from you for any any testimony that uh that might come forward, that I can't that I can't address, but back to you, representative shaw was there? Was there anything I don't know did that? Did that end up address your question? Probably.

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Representative shaw, I I think you did you, it has to be one licensed unit on duty at all times, that's correct uh or more. I assume it doesn't restrict how many, but it's got to at least be one. That's correct! Okay, thank you. Thank you, mr chairman.

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All right, let's get the bill in in the proper move. Here um we have a proper motion in second on the amendment.

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Is there any more discussion on the amendment seeing none we're ready to vote on amendment 4473, all those in favor say aye, those opposed. No. The amendment is now on house bill. 719.

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We do have speakers uh that have been approved. uh We will recognize at this time.

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Tim booker, if there's no objection, we'll go out of session. It's mr booker, here, no okay! So we without objection we'll go back into session and we're ready uh to move forward on the bill. That's amended. We do have a questions been called we're ready to vote on house bill 719 as amended all those in favor, please say: aye those opposed. No.

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The motion carry thank.

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You german.

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Finance ways and means.

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Finance ways and means well, thank you, mr chairman and committee you're, welcome.

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I I think the birthday boy buys dinner tonight, but.

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That that's um that's always been my understanding. Yes, sir, the time is uh tba uh tbd to be right now, but I'll inform everybody.

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I do see chairman halford has come into the room without objection we will skip back and take up item number five. We have a proper motion and second on house bill. 665 chairman halford you're recognized on your bill, sir.

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Thank you, mr chairman. I apologize for being late, but it's just one of those kind of days uh house bill. 665 is a private act, brought to me by gibson county special school district. What it does it? It allows gibson county special school district to issue and sell bonds up to five million dollars to be used by the district for acquisition, construction renovation, uh equipping those school buildings and facilities uh in in the district as needed.

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We've got a motion in a second. We have the question on the bill, all those in favor of house bill 665, please say aye. Those opposed no bill moves on to calendar and rules.

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Thank you, mr chairman, and members.

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Item number six house bill 1019 by chairman halford, do I have a motion proper motion in second chairman halford you're, recognized on your bill.

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Thank you, mr chairman and house bill. 1019 is written in conjunction with the comptroller's office and the office of local audit. For the past few years, human resources agencies have have been unsure as to how many in which of which of their board members and staff, are required to have a surety bond. This bill authorizes the human resource agency to obtain a little security bond, uh an insurance policy.

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Question's been called on the bill, we're ready to vote all those in favor of house bill 1019, please say aye. Those opposed no bill moves on to calendar rule. Sir. Thank.

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You, mr chairman, and member.

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Moving on to item eight on our agenda today house bill 1097 by representative baum, this is a local bill. Do I have a motion on the bill proper motion in second representative on you have an amendment on this bill. Can you verify your code? Please.

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Yes, sir, it is 42.76.

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That is correct, got a proper motion and second on the amendment, you're recognized on your amendment, sir.

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This bill is permissive and what the amendment says is that, in order to use the provisions in the bill, a county government must adopt it by a two-thirds vote. The original bill said a majority vote. The amendment makes it clear that it requires a two-thirds vote.

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Any questions on the amendment we've got a question on the amendment: we're ready to vote all those in favor of amendment 4276. Going on to the bill. Please say: aye those opposed. No. The amendment is now on house bill. 1097 you're recognized question has been called on house bill 1097 as amended all those in favor, please say aye.

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Those opposed no.

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Thank you all bill.

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Moves on to calendar and rules thank.

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Item number nine on our agenda is house bill. 1098 representative baum has this. Do I have a motion got a proper motion and a second representative baum you're recognized on house bill 1098.

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Thank you, chairman crawford. Currently in tennessee code, county election commissions are required to go to assisted living facilities in order to administer absentee ballot applications and procedures. It's not clear in the code whether those living in independent living dwellings on the assisted living campus are able to participate in these early voting procedures in some counties. They've been allowed to and in other counties they have not been. This bill makes it clear that individuals who are in independent living dwellings on an assisted living campus are permitted to participate in these early voting procedures.

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Any questions we have a question on the bill, all those in favor of house bill 1098, please say aye. Those opposed no bill moves on to calendar rules. Thank you. Item number 10 house bill 1172 by representative baum. Do I have a motion, proper motion and second representative baum you're recognized on your bill.

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Thank you, chairman crawford in 2006 tennessee passed the county powers relief act, which is a way for counties to raise money for capital projects, capital school projects by levying an adequate facilities tax. What this bill does is it advances in time when those counties can collect that tax? Currently counties are allowed to collect this tax at the following time. It's the earlier of two dates: either one year after the permit is pulled or 30 days after the transfer of title. What this bill does is.

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It would move up in time when that tax can be collected under the bill. 50 percent of the tax could be collected when the permit is pulled and 50 percent of the tax could be collected at certificate of occupancy doesn't increase the amount of the tax. It's still a dollar per square foot for a county's first moving under the county powers relief act. It just makes the collection of this tax a little sooner in time.

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Questions been called on house bill, 1172, all those in favor, please say aye. Those opposed no bill moves on to finance ways and means. Thank.

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Item number 11.: it's a local bill by representative hall. 1474.. Do I have a motion on the bill proper motion in second representative hall, we received today on record your uh vote from your county commission's two-thirds vote, so you've met that so you're recognized on your bill. Sir. Thank you.

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Mr chairman and colleagues uh house bill 1474 is a private act that would only apply to cleveland tennessee.

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It basically says it's very clean written it's if there's a vacancy on the city council that it would, it would expand the time from 30 days to 60 days to fill that vacant position.

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Question has been called on the bill, all those in favor of house bill, 1474 moving on, please say: aye. Those opposed no bill moves on to calendar and rules. Thank you. Mr chairman item number 12, another local bill house bill 154 by representative hastings proper motion in second on the bill representative. Hastings you're recognized on your bill.

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Thank you, mr chairman. This bill was brought to me by the chester county mayor and county commissioners. Their solid.

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Waste department had been funded off of rent from their nursing home when the nursing home was sold, they lost their funding. This bill would allow for the solid waste disposal fee to be charged and collected and to fund their solid waste department.

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Just to get it on record here we did receive your two-thirds vote from chester county, so we do have that on record there. Any questions for the sponsor, seeing none we're ready to vote all those in favor of house bill 154. Moving on to counter rules, please say aye those opposed no moving on. Thank you.

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Item 13. house bill 722 by representative king. We have a proper motion and second representative hakeem you're recognized to explain your.

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Thank you, mr chairman, and members. uh This bill.

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Representative keem, would you mind to take your mask down, so the members can understand you a little better. Thank you, sir.

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Yes, sir, all right, mr chairman, uh what this bill does is if an election commissioner, family member, is running for office, uh that election commissioner would be recused from that from the job for 30 days prior to the election and after the election, they would be able to go back to the job.

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If an election commissioner themselves is a candidate, then they relinquish their position as an election commissioner and a vacancy occurs now the part I just told you about the election commissioner uh vacating that position that is already in the policy of code that we have uh in the state. Now this bill did go through uh the committee and in uh 111th, uh but we did not have an opportunity to go through the senate and that's what we're trying to uh go move forward with at this time. Sir, any questions.

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For the sponsor, seeing none we're ready to vote on house bill 722, all those in favor, please say aye those opposed. No, your bill moves on to calendar and rule sir.

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Thank you, mr chairman, and members.

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Item 14 house bill 968., but chairman holtzclaw, is here: okay, he'll be presenting from his position on the diocese. Do I have a proper motion? Proper motion in second represent chairman holtzclaw. You are recognized thank.

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You chairman, uh basically hb 968, allows counties recognized as tier two through four by the department of economic and community development to offer incentives that are improved by municipalities, promote development of single-family housing in the area in which we're major short of with that. I renew my motion, mr speaker,.

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Is there any questions for the sponsor representative shaw, you're recognized.

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Just want to ask sponsors: it's local, yes, okay, thank.

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You any other questions, seeing none we're ready to vote on house bill 968, all those in favor, please say aye those opposed. No, your bill moves on to count on the rule chairman.

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Thanks speaker.

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Item 15 house bill 612 by leader gant, do I have a motion proper motion and second leader, grant gant you're recognized on your bill.

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Thank you, mr chairman and committee. uh This is a treasure bill. That's brought to me in this bill and what it does. It authorizes the state treasurer to inquire with local governments and volunteer fire departments about establishing a length of service award program, which is also known as the low sap pursuant to section 457 of the internal revenue code. Based on the results of the inquiry, the treasurer is authorized to establish a low sap program and that's what this piece of legislation does under the treasury.

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Questions for leader gantt question has been called all those in favor of house bill 612, please say aye. Those opposed no bill moves on to calendar and rules. Okay, we have a correction here. I was wrong on my script. It says you're moving on to devops.

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Item 16 house bill 1179 by chair lady moody. Do I have a motion, proper motion and it's their second properly seconded chair lady uh moody, you're recognized on your bill.

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Thank you, mr chairman and committee. This legislation would apply the same penalty to officers of a pac with unpaid, civil penalties for reporting or contribution violations that are applied to individual candidates, it's just as a matter of fairness to ensure that pacs are treated the same manner as candidates are. With that. I appreciate it. Yes, vote.

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Any questions for chair lady moody, seeing none we're ready to vote on house bill 1179, all those in favor, please say aye. Those opposed no bill moves on to calendar and rules.

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Item 17, our last bill for today is house bill 633 by vice chair right. You'll have a motion proper motion; second, uh vice chairman right, you're, recognized on your bill, sir.

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Thank you, mr chairman. This is house bill, 6 33, it's brought to us by the register of deeds association and the county officials association of tennessee. It's a cleanup bill on the transaction of an electronic communication.

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It clarifies that the person making the certification has the document or is a licensed attorney. The certification is also notarized. It does add that it has to be a 10 point. Font, size or larger.

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This bill was with us in the last session and was on consent calendar on march. The 9th uh with that I move that it or I request that you all vote for.

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It any questions for the sponsor, seeing none were ready to vote on house bill 633, all those in favor, please say: aye opposed. No, your bill moves on to calendar and rules. Sir, do any of the members have announcements or personal orders seeing none. Thank you all for coming today. We got a lot of business done and quick time. So this concludes our.

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