Tennessee House of Representatives 112th House Local Government Committee, 20 Apr 2021

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From YouTube: House Local Committee- April 20, 2021

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House Local Committee- April 20, 2021

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huh If the members and guests would please take their seats.

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Today is tuesday april 20th 2021. I hereby call the local committee to order. Madam clerk. Please call the roll.

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Representatives calfi carr carter, chisholm gant, helton, hodges, holzclaw, leatherwood, love, mantis, 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. Let the record reflect that representative carter is excused.

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Is there any personal orders or representing uh chairman moon, you're, recognized.

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Thank you, mr chairman, I'd like to wish my wife a very happy birthday and yes, we did have to go before the judge to get married. Thank you, mr chairman.

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Any other personal orders, seeing none chairman, will take a privilege here and wish my father uh to yesterday was his birthday. He is 75 and I thank the good lord he's still with me.

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Today we have seven bills on the calendar. We will move through them uh as quickly as possible uh house bill. One is uh 12 house bill. 1201 first agenda item is chairman whitson's. uh We have received a request from chairman whitson to take this off notice. Without objection, we'll take house bill, 1201 off notice,.

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Item number two today is house bill 873 by representative bricken. Do I have a motion proper motion in second for the record. Last week I asked representative bricken if he would roll his resolution. I mean his bill today till we receive the vote of two-thirds majority and my office does have that. So at this time, representative, brick and you are recognized.

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Thank you, mr chairman. uh This uh legislation applies to coffey county. It would allow them to be exempted from land assessment of fees when they foreclose on property in the county and there's just one area of the county where they do some tax foreclosure on, and this would exempt them from the land assessment fees if they tax foreclosed on that property.

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You've heard the explanation from the sponsors or any questions.

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uh Representative chairman rudy you're recognized.

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Pass: okay, any other questions. Seeing none representative shaw.

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He has called the question on the bill: we're ready to vote all those in favor of house bill 873, please say aye those of no your bill moves on to calendar and rule sir.

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Item number three on today's agenda is house bill. 1412 by representative hawk representative hawk you're recognized. We got a proper motion in second.

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Thank you chairman to members, and- and uh I understand that you're quite the cook, mr chairman, so I I appreciate what you uh what you did. I hate I wasn't able to partake, but maybe next time around so chairman. Thank you, sir. Thank you house bill. 1412 is a bill. That's passed the senate, but I have gotten some communications from several members that there may be concern.

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The concept of the bill uh gets at the uh source of the urban growth boundaries that we've been talking about 20 plus years ago that, with some of the latest annexation laws that we have passed uh have made some of those urban growth boundary decisions 25 years ago obsolete.

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So this is a. This is a bill that tries to address that it's been narrowed down, even even further that that the amendment essentially does nothing. But I do know that we've got some concern from members on this committee and we're getting some letters sent to folks across the state that are still concerned about this. So I would like to have further discussion about this throughout the summer and and even going into 22.

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But at this moment with your indulgence and the committee's indulgent uh indulgent I'd like to take this bill off the note off notice. With the purpose of further discussion.

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Representative hawk, I do see that it has an amendment. Do you want to put the amendment on it before we take it off notice? I.

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Would love to put the amendment on so if it does show up in the tracking people know we'll know exactly what it is. uh I believe the code is 4583 chairman of members.

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We have a proper motion in second on amendment 4583. Is that the correct tracking number that.

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Is chairman of members.

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We have a proper motion in second. Is there any questions on the amendment seeing none question has been called on the amendment, we're ready to put the amendment on the bill. All in favor of amendment 4583 say: aye opposed. No. The amendment is on the bill and uh we will honor your request and take this bill.

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Off notice, thank you very much. Looking forward to working with you in the committee off notice,.

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Item number four on today's agenda is house bill 1515 by representative cochran proper motion in second. I do see some amendments representative cochran. If you could give us the amendment you're.

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Going with thank you, mr chairman, the amendment drafting code is 5925. Is that what you have 5925.

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Proper motion and second on the amendment you're recognized on the amendment.

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Thank you, mr chairman, and that this amendment makes uh makes the bill it's uh what essentially what this, what this bill does. um Is it corrects an issue with a hotel motel tax many years ago when, when the tax was uh initially implemented, I think it was in the late 80s. It was the way that the original law is written is that it puts a cap, um I believe around five percent, and then it's really the city or the county, which everyone gets to it first.

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Since then, as many of you are aware, really, I guess, as all of you are aware, we've done a lot of carve outs and so a lot of times you'll see a particular city or a county come in um for for for a special hotel, motel tax.

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Well, it's the opinion of the attorney general that technically, all of those carve-outs are are unconstitutional um and so they're they're at risk in the future.

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um If anyone were to bring a lawsuit, what this bill does is it protects any of those that have that have that have been passed um previously, so so it codifies that it protects those, and then it gives us a system going forward where, for one municipalities and counties will not have to bring these decisions back to the general assembly, it caps um at four percent um so from a city or county that the maximum that they can go is four percent.

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Now again, if your city or county already has more than that will not be effective, but any from going going forward if any new tax is put in place, a maximum from the county, four percent, a maximum from the city at four percent, um it's adopted locally. It does not come back to us for approval and it just gives us a uniform process going forward. So we don't have to do those individual carve outs, but that's what the amendment does. That's what the bill does.

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Thank you for the explanation on the amendment. We are now ready for questions chairman williams, you're recognized.

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Thank you, uh representative bob. I appreciate the bill and you and I talked about it, but when you said something I got a little bit confused, I'm hoping you could help, no sure, so I I know it uh we did look at these. It was kind of a first come first serve yeah. uh Does this?

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Does this mandatory language change that at all, or as it relates to the four percent every new entity that comes forward or if you were last in your community and your municipality wanted to come and and do the four percent they could do that now without coming here? Absolutely that is correct.

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So if my county is at five percent right now and my city and they were last across the finish line or the city was last across the finish line, the city could now buy ordinance, pass an ordinance and have on city uh a four percent city tax. In addition to representative cochran.

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Thank you, chairman chairman williams. That is exactly correct, and that is the exact situation actually in in my home county. So so mickman county uh got to that. First they did five percent and then so the city of athens would be able to do that. Additional for.

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Williams, so the this body in in years past have have have not really prohibited or limited when we have an ordinance, and somebody saying they wanted to do this, but we always did look at a formulary. That said is the addition of all these additional percentages. Does it exceed 19, depending on who you talked to or who the chairman of the day was or 20?

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Is any of that taken into consideration with this bill representative cochran.

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Thank you, mr chairman, and yes, and so what we we actually brought to the table: tennessee municipal league tennessee, county services and the hospitality uh association, and so that been negotiating this one for a while, and they felt like this was that this percentage range was was agreeable to all parties um and kind of kept it out of anything that would be excessive, um and so, like I say, cities, counties and, um and the folks representing our hotels, were all at the table, and this is this is that that that middle ground that they all found?

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Thank you very much.

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Thank you any other questions on the amendment. Seeing none, I think we're ready to vote on the amendment. All those in favor of amendment number 5925 going on to the bill. Please say aye opposed. No.

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The amendment is now on the bill. My understanding that the amendment makes the bill. So we have the question on the bill. All those in favor of house bill 1515 as amended, say: aye opposed. No, no, your bill moves on to finance ways and means. Thank you, chairman.

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Agenda number five is house bill, 1629 by representative warner. This is a local bill. It's represented got a proper motion on the bill and second uh representative warner, you're recognized on your bill. Sir. uh Thank you, mr chairman, and now I apologize for having to come back uh before you, but we uh got a date uh messed up on this bill and uh basically what it done it put two of the council members uh for the city of louisburg on a two-year term. Instead on a four-year term like they should, should be.

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If I'm explaining that correct there, any questions for the sponsor question has been called on the bill: we're ready to vote all those in favor of house bill, 1629 moving on, please say: aye opposed no bill moves on to calendar. Thank you, mr chairman committee.

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Item number. Six on today's agenda is house bill 1627 by representative shaw. If there be no objection, he will present from his seat. Proper motion in second on the bill. We'll also receive the two-thirds majority resolution from his governing body. Representative shaw. You are recognized.

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Thank you, mr chairman, and thank you for letting me stay at my seat. This is applies to the city of bolivar tennessee. Only they are redoing their city charter and, of course, they are asking us to approve it and for it to go back as a two-third vote.

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Some of the things that's in this um particular charter arrangement is the mayor is going to be able to appoint the city recorder. One thing: that's that's important about this: his salary will uh he'll be hired as a city as part of the city and be paid along with the other city employees.

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There are several other things in the charter that they're changing that you'll find in the bill and, of course, I'll just ask if there's any questions I'll try to answer them.

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We have been we've received a question on the bill: we're ready to vote all those in favor of house bill, 1627. Moving on to say, ah representative shaw, your bill moves on to calendar and rules. Thank you, sir. Give me one second here please.

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All right item number seven is house bill. 1624 by chairman sexton he's going to present from his seat. uh Do I have a motion on the bill, proper motion and second on the bill, uh we have received a two-thirds majority resolution. It is in my office representative, section you're recognized.

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Thank you chairman. Thank you for letting me present this bill from my seat, and this is just a private act for grainger county asking for five percent motel tax for grainger county um I'll be glad to answer any questions, but it's what's being done quite often.

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We do have a member that had his hand up before the question was called uh representative chairman williams, you're recognized.

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Thank you chairman. This may be for legal, not necessarily on your bill, but based upon the other bill that we just passed a moment ago.

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If his local community wanted to do four percent, they could do it by local ordinance at home, but if they wanted to exceed the four percent and do five like he's proposed here, would they have to come back to this body.

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Without objection, we will go out of session to hear from lee.

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Mundy um chairman, the way this would work is it's kind of a race to the finish line. So if that local bill gets adopted by this body and passed and then goes to the local government for ratification before representative cochran's bill is, if it passes and gets signed by the governor and goes into law, then they would have a five percent hotel motel tax. That would be grandfathered in.

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Representative williams,.

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Thank you chairman. I do think based on that is consideration. It might be good for the chairman to contact representative cochran to ensure that all the members bills that came through your committee were passed on the house floor and engrossed before his bill does so that the work of this body wouldn't be erased based upon his passage.

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Thank you, uh chairman williams, for the suggestion we've already spoke to chairman sexton and chairman cochran. I mean representative cochran and they both want to continue to run their bills. So at this time we will whoever crosses the finish line. First, I guess will be what's in place, uh question for legal chairman moon, you're recognized. Yes,.

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Sir, mr chairman, uh taking up on what my colleague from cookbook brought up once if the cochran bill, and forgive me for labeling you that if it is successful and goes into law, will that cap each city and county at four percent, so it would they really wouldn't be in order or proper to come back to the legislature to go above that cap.

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I just need to have that clear. In my mind, legal you're.

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Thank you. uh The answer is no that there would. There would be no reason for them to come back to go above the statutory limitations. The only way that they could do. That is if we ended up in the situation that we're trying to deal with with representative cochran's bill where we have a statute and and about you know, 25 carve outs from it. So I think that's kind of what we're trying to avoid with with cochran's bill and and so um wouldn't want to get in that situation again.

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Any other questions, while we're out of session for legal, seeing none will back into session and uh chairman sexton you're recognized on your bill.

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Thank you, mr chairman. First of all, I appreciate the heads up from my colleague from cookville. That is exactly what we're trying to do. I would like to see if the cochrane bill passes, that mine crosses the finish line before his does, and I hope that that would be.

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You know the seminar we're all in the same uh we're all. In the same session, 112th general assembly we've already passed. Some we passed one yesterday on the house floor and I'm sure that my county wouldn't have any problem with the cochran bill. But um they've asked me to do this. They went through the process of getting the two-thirds majority and I just want to see if I can push this through. So I would appreciate your vote on that.

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Any other questions for the sponsor.

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Question has been called we're ready to vote on house bill 1624, all those in favor, please say aye those opposed. No, if you want to be recorded as a no, please see the clerk your bill moves on to calendar and rules chairman.

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Before we close, does any members have any announcements or personal orders seeing none we'll move on a quick announcement to uh is the final calendar and special calendar of local government committee will be heard next week april, 27 2021.

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So members, if you have not already put your bills on notice, you have till 3 30 tomorrow afternoon.

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At this time, I'll entertain a motion to adjourn so moved. We are.

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