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From YouTube: House Cities & Counties Subcommittee - March 23, 2021
Description
House Cities & Counties Subcommittee - March 23, 2021 - House Hearing Room 3
D
Chairman
wright
chairman
moon
president,
mr
chairman,
you
have
a
quorum.
Thank
you
clerk.
Is
there
any
personal
orders,
seeing
none
we'll
take
one
bill
out
of
order
this
morning
that
is
house
bill
616
by
vice
chairman
rutter?
Is
there
a
motion?
C
Thank
you,
mr
chairman
and
committee,
and
thank
you
for
taking
me
out
of
order.
This
is
a
bill
that
I
brought
last
year
and
since
that
time,
I've
worked
closely
with
the
comptroller's
office
to
get
it
in
a
better.
I
think
it's
a
stronger
bill,
although
I
loved
it
last
year
and
you
must
have
too
because
it
passed
out-
and
I
got
it
all
the
way
to
caledon
rules
and
then,
of
course,
covet
happened.
So
I'm
back
this
year
and
I
hope
you'll
agree
again.
C
D
D
D
C
You,
mr
chairman,
the
amendment
does
three
things
that
cleans
up
the
definition
of
a
volunteer
firefighter
section:
two:
it
clarifies
the
yearly
training
hours
it's
30
hours
per
year
for
a
volunteer,
firefighter
and
then
section
three.
It
just
demands
the
effective
date.
D
C
You,
mr
chairman,
and
committee,
this
bill
would
make
volunteer
firefighters,
who
successfully
complete
an
annual
in-service
training
course
eligible
for
a
600
payment.
Currently
these
men
and
women
who
give
their
time
don't
get
anything
for
their
yearly
end
service,
and
this
will
just
allow
them
to
have
a
little
extra
incentive
to
complete
that
training.
E
D
C
Thank
you,
mary
beth
gribble.
I
serve
as
the
programs
and
policy
director
for
the
tennessee
state
fire
marshal's
office.
Thank
you,
representative
miller.
For
that
question.
We
have
estimated
approximate
12
000
volunteer,
firefighters
across
the
state
of
tennessee.
We
have
estimated
that
approximately
half
of
them
will
probably
become
eligible
during
this
first
year
of
the
program.
E
C
Better
trained
firefighters
are
safer
firefighters,
so
we
always
support
the
training
and,
of
course,
the
incentive
to
ensure
that
firefighters
are
certified
to
a
higher
level
of
standardization
across
the
state.
We
do
have
approximately
600
fire
departments
that
will
be
impacted
by
this
out
of
the
700
across
the
state.
506
of
those
are
entirely
volunteer
approximately
a
little
bit
over
a
hundred
or
combination
where
approximately
five
or
less
members
are
either
part-time
or
partially
paid
the
remainder
of
those
volunteers.
C
So
when
we
look
at
that,
600
entities
of
anything
typically
do
a
lot
of
different
things.
So
we
have
some
fire
departments
that
are
exempt
from
the
minimum
training
requirements
and
we
have
some
fire
departments
that
do
a
fantastic
job
with
their
training
and
training
that
are
sometimes
above
some
of
our
career.
Firefighters,
representative.
D
C
D
F
No
thank
you,
mr
chairman
and
committee.
I
appreciate
it
house
bill
50.
1529
is
a
local
bill
that
allows
the
city
of
jelico
to
impose
a
two
percent
tax
subject
to
local
approval
on
restaurants
in
their
city
that
cover
over
I'm
sorry
that
have
over
two
hundred
thousand
dollars
in
sales
every
year,
charitable.
D
F
D
Mr
chairman,
I
have
an
amendment
here
on
your
bill:
5192,
okay,
the
elites
language
and
subsection
two
section,
one
located
three
miles
off:
highway
vehicle
trail
area
authorized
for
tennessee
twra,
that's
the
language.
F
G
F
I
I'm
sorry
I
did
not
have
that.
That
was
just
one
trying
to
describe
the
area
that
this
was
located
in.
You
know
how
they
used
that
chair.
D
F
D
Are
their
questions?
Any
questions
on
on
the
amendment
represent
representative
calfi
on
the
bill.
Okay,
sir
objection
to
the
question
on
the
amendment
hearing.
No
objection,
we're
voting
on
amendment
5192,
all
in
favor,
say
aye,
both
say
no
eyes
prevail.
Now
we're
back
on
the
bill.
Chairman
powers,
you're
recognized
on
house
bill,
1529.
F
Okay,
I
just
wanted
to
reinstate
what
what
the
bill
does
so
it
and
it
will
retire
a
debt
and
it
does
have
a
sunset
provision
and
when
that
debt
is
retired,
that
provision
will
retire.
Also,
and
with
that
I'll,
take
any
of
the
questions.
F
Yes,
yes,
there
is,
and
that
is
the
sunset
provision
that
all
that
money
has
to
be
applied
toward
that
debt
to
reduce
that
prior
debt
that
was
incurred
up
there
when
the
comptroller
come
in
restructured
everything.
So
when
that
debt
is
retired,
then
that
that
tax
provision
will
also
be
retired,
representative.
D
C
C
D
Let's
go
out
of
session
and
refer
to
legal.
F
Thank
you,
mr
chairman
doug
garrett,
with
the
office
of
legal
services,
representative
wright.
I
believe
your
question
pertains
to
why
the
language
why
we
have
the
amendment,
and
that
would
be
because
one,
the
amendment
applies
to
the
city
of
jelico,
and
that
was
a
clarification
issue.
So
the
language
that
was
added
was
included
in
the
descriptive
to
include
six
miles
of
an
off-highway
vehicle
trail
rather
than
three
miles,
which
was
contained
in
the
bill,
because
what
you
did
was
you
captured.
You
captured,
I
think
jacksboro
rather
than
jelica,
and
then
to
further.
F
Specify
that
this
applies
to
jelico,
which
lies
on
account
which
lies
on
the
state
border
right,
then
you
had
and
has
a
welcome
center.
Then
you
have
also
subdivision
c
that
was
added
to
the
language.
So
the
amendment
as
it
pertains
to
the
descriptive
is
for
clarification
purposes.
D
C
D
C
D
F
Is
before
us?
Yes,
a
matter
of
fact.
I
just
passed
on
the
house
floor
last
night.
There
were
actually
two
parts
of
this
bill
and
I
and
we
have
to
get
two-thirds
vote
of
of
the
city
council,
and
then
they
have
to
have
a
referendum
too.
So
that
was
the
part
I
passed
last
night.
This
is
the
other
other
part
of
it
and
what
had
happened-
and
I
understand
what
you're
saying-
because
we
had
in
here-
I
think
when
they
when
they
wrote
it
up.
F
C
C
Representative
powers,
can
you
define
the
what's
the
the
sunset
provision
date
on
this
chairman.
F
It
didn't
have
a
a
date
specific,
I'm
sorry.
It
did
have
a
date
specific.
It
was
a
date
there.
Whenever
they
get,
the
amount
paid
off
is
a
700
000
debt
is
what
what
has
had
been
incurred
by
some
previous
administrations
before
the
comptroller
come
in
and
restructured
it
and
got
the
got
the
city
back
in
the
black,
but
that
debt
is
still
there.
So
all
they're
trying
to
do
is
retire
that
debt,
so
that
exact
date
that
that
debt
will
be
retired.
I
don't
know
that
leader
again.
C
F
Chairman
powers,
based
on
the
it,
only
provides
it
only
pertains
to
restaurants
that
have
over
two
hundred
thousand
dollars
a
year
in
sales
right
now,
there's
only
about
two
that
meet
that
requirements
and
it'd
be
roughly
about
forty
to
fifty
thousand
dollars
a
year.
So
it's
going
to
take
about
10,
12
13
years
to
probably
pay
off
this
debt
in
entirety.
Representative.
D
D
The
next
bill
is
house.
Bill
155
by
chairman
hasten,
been
a
request
to
roll
for
one
week
without
objection.
Hearing
no
objection
house
bill,
155
is
roll
one
week
next
bill
is
house
bill.
One
two,
two,
two
by
representative
akeem
without
objection
house
bill
one
two
two
two
is
off
notice:
hearing,
no
objection:
it's
off
notice.
D
D
Amendment
number
5238:
is
there
a
motion
on
amendment
number
5238.
The
motion
is
second
representative
gillespie.
You
are
recognized
on
amendment
5238.
So
what.
D
D
D
B
There
was
an
instant
that
this
would
cover.
Yes,
sir
representative.
D
C
C
I
need
to
know
it's
the
my
only
question
with
it.
I
guess
is
the
is:
is
it
that
we're
passing
an
unfunded
mandate,
representative
gillespie?
That
is
not
my
understanding.
No
it's
it's.
D
D
F
Thank
you,
mr
chairman,
members
of
the
committee,
doug
garrett,
with
legal
services.
Do
you
have
a
a
revised
fiscal
note
from
fiscal
review
that
would
reflect
the
language
contained
in
the
amendment,
because
the
bill
is
what
chairman
moon
spoke
to
regarding
the
250
000
annuity
to
be
paid
in
by
the
state
in
installments
of
fifty
thousand
dollars
each
year
for
five
years?
So
that's
all.
That's
all,
mr
chairman,
that
we
have
saved
for
an
amended
fiscal
note
to
address
the
retroactive
provision
right
now.
I
think
that's
all
we
have
to
go
on.
D
D
Now
we'll
go
chairman
crawford
you're
recognized.
Thank
you.
A
Mr
chairman,
it's
my
understanding
that
we
already
have
this
in
place
for
our
full-time
officers
and
I
think,
there's
even
a
program
set
for
firefighters,
full-time
firefighters
and
I
think
it's
a
federal
fund
that
actually
has
been
put
together
that
they
send
monies
down
to
pay
these
out
from
the
state.
If
that
happens
and
they're
just
wanting
to
include
this
group
of
deputy
jailers,
but
due
to
those
questions
that
that
we
don't
have
the
answer
to
sponsor,
would
you
be
willing
to
roll
this
a
week
till
you
can
get
us
that
information.
A
C
Representative
gillespie
chairman,
are
you
referring
to
the
updated
fiscal
note
or
yes,
okay,
we
have
reached
out,
I
don't
know,
I
can
certainly
reach
out
again
and
hold
this
a
week.
If
that
is
what
the
committee
would
like
chair.
D
D
C
Thank
you
chairman.
This
says
a
county
that
provides
a
retirement
and
pension
plan
to
its
employees
through
the
state
consolidated
retirement
system,
with
the
approval
of
an
establishment
program
by
the
county
legislative
body.
They
provide
for
the
establishment
of
the
retirement
credit
for
employees
who
are
activated
into
active
duty
service
in
the
armed
forces
of
the
united
states
and
regain
employment
with
the
county.
After
such
military
service.
D
D
D
B
Thank
you,
mr
chairman.
This
bill
came
from
us
or
came
to
us
from
the
comptroller's
office
and
essentially
it's
addressing
leases
that
are
over
a
hundred
thousand
dollars
for
local
governments.
So
gatsby
gasb
is
the
acronym
there.
Government
accounting
standards
board,
that's
kind
of
the
standard
barrier
bearer
for
government
accounting.
B
They've
started
considering
leases
that
are
over
a
hundred
thousand
dollars
debt,
and
so
what
the
comptroller's
office
is
requesting
is
that
these
leases
come
to
their
office
for
approval,
basically
just
to
ensure
that
local
governments
are
getting
the
best
deal.
There
have
been
situations
where
local
governments
have
entered
into
these
leases
and
they're,
actually
very
high
interest
rates
and
where
traditional
note
would
have
been
a
very
low
interest
rate.
So
they're
just
asking
hey.
Let's
take
a
look
at
these.
D
Is
there
objection
to
the
question
hearing,
no
objection,
we're
voting
on
house
bill,
one
four,
six,
two
all
in
favor
say
aye
aye
opposed,
say
no
eyes
prevail.
House
bill
1462
moves
to
the
next
available
calendar
local
government
representative
cochran,
it
will
is
the
next
bill-
is
house
bill.
1558.
D
B
Thank
you,
mr
chairman,
and
what
this
bill
does
is.
It
gives
counties
the
powers
under
the
junkyard
control
act
of
1967..
The
state
of
tennessee
already
has
this
ability
so
on
state
highways?
If
there's
a
junkyard
or
a
scrapyard
that
moves
in
there,
the
state
can
say:
hey
you've
got
to
screen
it.
You've
got
to
gravel
your
driveway
to
make
sure
you
don't
muddy
up
the
road
cities.
B
A
You,
mr
chairman,
one
question
representative
cochran:
what
about
the
junkyards
that
are
already
established
and
those
type
things
will
they
be
grandfathered
in
or
will
this
retro
back
to
them
right.
B
So
I
mean
it's
my
understanding
that
and
again
I
can
confirm
this
and
get
back
with
you.
I
think
that
that
you
know
there
would
have
to.
I
think
that
they
would
at
least
screening
requirements
and
things
like
that.
I
think
that
they
would
have
to
meet
those,
but
I
can
confirm
that
and
get
back
with
you
again.
I
don't
have
a
100
answer
on
that,
but
I
can
get
back.
A
That
would
definitely
affect
my
decision,
so
thank
you,
mr
chairman.
Okay,.
F
The
language
as
stated
in
the
bill,
is
permissive
and
that
the
counties
may
regulate
junk
yards
located
within
the
county's
boundaries
by
rural
regulation,
ordinance,
zoning
or
private
act
as
long
as
the
rules
of
regulation
are
at
least
astringent.
As
you
stated,
the
language,
of
course,
is
permissive
with
the
use
of
the
word.
May
it
doesn't
address
the
issue
of
grandfathering
of
any
existing
junkyards,
so
absent,
absent
that
language,
at
least
on
its
face.
The
bill
does
not
address
that
issue.
B
Chairman,
if
I
may
just
regarding
that
as
far
as
grandfathering
in
I
think
it
actually
kind
of
it,
makes
sense
allowing
counties
to
address
this
even
on
those
existing
ones,
because,
if
they're
already
having
an
issue
with
asod,
if
there's
already
a
junkyard
that
you
know,
is
causing
mud
or
on
a
county
road
or
is
resulting
in,
you
know
kind
of
piling
up
junk
on
the
road
and
that's
a
problem
that
needs
to
be
addressed.
And
so
I
personally,
I
think
it
makes
sense
to
to
allow
this
to
apply
to
existing
junkyards.
A
B
Do
not
most
counties
do
not
cities
have
ordinance
power.
Counties
do
not
have
siding,
abilities,
counties
act
under
the
general
provisions
of
state
law.
Currently,
there
is
again
most
counties
do
not
have
ordinance,
passing
abilities,
they
pass
resolutions,
cities
pass
ordinances
and,
and
they
have
that
specific
power.
The
state
has
that
counties
again
have
to
receive
that
authority
from
general
provisions
of
state
law
and
that's
what
this
would
do.
That's
what
this
would
give
them.
A
And
I
understand
that,
but
I
would
think
federal
regulations
would
protect,
whether
it's
county
city
or
what,
if
they're,
having
runoff
but
I'm
not
against
your
bill.
I've
just
had
some
things
hit
my
mind
here
so
sure.
Thank
you,
mr
chairman
representative,.
D
D
D
D
C
Thank
you,
sir.
If
house
bill
714
addresses
if
a
municipality
or
county
has
has
or
implements
a
personnel
policy
that
places
an
employee
on
leave
for
a
period
of
time
immediately
following
an
arrest
of
the
employee,
the
municipality
or
county
shall
implement
a
policy
of
restoring
back
pay
to
the
employee.
D
Chair
has
one
question:
what,
during
this
time,
I'm
sure
there'll
be
an
investigation
if,
if
a
policy
has
been
violated,
the
person's
found
not
guilty
or
not,
charges
are
dropped,
but
there's
hr
policies
are
violated.
Does
this
speak?
Is
this
part
of
the
intent
of
this
piece
of
legislation
as
far
as.
C
D
C
I
do
not
know
on
that
one.
I
would
hate
to
state
and
be
wrong.
Mr
chair,
I
can
look
into
it
for
you.
D
Absolutely,
no,
that's!
That's!
That's
all
right.
Do
you
have
someone
who's
here
today
to
testify
on
the
bill?
I
think
david
connors
has
requested.
He
doesn't.
He
doesn't
want.
Okay,
other
questions
from
the
committee.
D
I
I
was
just
looking
at
a
situation
where
someone
is
arrested
and
then
the
charges
are
dropped,
but
during
the
investigation
they
uncover
issues
of
policies
that
have
been
violated
human
resource
policies
of
the
agency.
Whether
or
not
this
would.
This
would
speak
to
that
and
it
may
not
be
a
may
not
be
a
question
for
this
bill.
C
You're
recognized,
thank
you,
mr
chair,
the
only
in
in
getting
that.
Having
that
clarified
a
little
more,
the
only
part
of
this
I
would
see
that
might
refer
to.
It
is
if
the
employee
is
administratively
terminated
for
a
reason
other
than
the
arrest
that
would
be
in
the
second
part
of
the
requirement
does
not
apply.
So
I
hope
that
would
clarify
your
question.
D
Okay,
is
there
objection
to
the
question
hearing,
no
objection,
we're
voting
on
house
bill,
714,
all
in
favor,
say
aye
aye
opposed,
say
no.
The
eyes
prevail.
Moves
on
to
the
next
available
calendar
local
government.
Thank
you,
mr
chairman
and
committee.
Thank
you.
Chairman
todd
is
come
into
the
chamber
and
the
next
bill
will
be
chairman
todd.
Is
there
a
motion
on
house
bill?
1386.,
there's
motion
a
second
on
house
bill.
1386.,
chairman
todd,
you
are
recognized.
G
Appreciate
you
all
accommodating
the
schedule
today,
you
know
it's
it's
that
time
of
year
it
gets
kind
of
hectic.
What
this
bill
does.
It
addresses
some
problems
that
our
counties
have
been
seeing.
I'm
sure
many
of
you
are
familiar
with
situations
where
different
groups
in
our
counties
have
the
ability
to
especially
law
enforcement
or
sheriff's
departments
have
the
ability
to
sue
the
county
commission
and
ask
for
more
positions
or
more
money
and
the
the
system
we
have
set
up
to
accommodate.
For
that
and
there's
good
reason,
for
it
is
an
expedited
system.
G
Quite
frankly,
and
I'll
read
a
couple
of
points
here
for
you,
that'll
help
summarize
this
by
code,
some
local
level
elected
officials
are
able
to
seek
assistance
from
the
circuit
court
when
their
county
commission
fails
to
grant
them
adequate
relief
in
their
budget
requests,
specifically
the
number
of
employees
and
or
their
salaries.
Hence
the
name
salary
dispute
legislation
that
we
have
the
code
seems
to
intend
for
these
suits
to
be
an
expedited
process.
G
Most
lawsuits
in
general
in
the
public
allow
six
months
from
the
date
of
triggering
action
for
the
person
to
file
suit
personal
injury
is
one
year.
Property
damage
is
three
years
breach
of
contract
six
years.
Salary
dispute
in
this
situation
is
30
days
from
the
date
the
budget
is
passed,
so
it's
it's
already
meant
to
be
an
expedited
process.
Normal
lawsuits
also
provide
for
30
days
for
providing
30
days
for
a
defendant
to
respond
to
a
suit
filed.
Salary
dispute
in
this
situation
is
five
days.
G
G
So
it
essentially
reads
as
quote
complaint
answer
hearing
in
normal
litigation,
there
are
discoveries,
depositions
motions,
filed,
hearings,
filed
and
then
a
trial
date
is
set.
This
is
a
much
faster
process,
there's
also
no
limit
or
cap
on
the
fees
sought
by
attorneys.
That's
the
crux
of
this
matter.
G
G
I
don't
remember
exactly
on
that
one.
How
much
the
actual
award
was
from
the
standpoint
of
what
the
county
commission
had
to
cough
up,
but
it's
a
fraction
of
this.
Usually
these
attorney
fees
are
exorbitant.
They
run,
they
intentionally
run
up
the
bill
because
they
know
the
county's
got
to
pay
it.
A
judge
is
going
to
award
it.
G
So
what
this
bill
does
it
limits
that
to
fifteen
thousand
dollars,
for
these
expedited
cases
unless
authorized
by
the
court
should
good
cause
be
shown,
so
a
judge
then
would
be
put
in
charge
of
saying,
okay,
xyz
attorney.
We
feel
like
this
is
a
bigger
case.
This
is
going
to
take
a
lot
more
time.
Therefore,
we're
going
to
award
you
more
fees,
but
here
are
your
limits,
so
the
judge
would
be
in
charge
instead
of
after
the
fact
getting
a
bill
that
the
county
is
supposed
to
be
paying.
G
So
our
taxpayers
are
getting
hit
by
these
large
sums
and
large
bills
for
very
little
results.
I
mean
it
doesn't
change
the
county
budget
that
much
from
the
standpoint
of
what
the
goal
is
to
get
a
raise
for
a
group
of
deputies
or
to
get
more
employees
hired.
You
may
be
looking
at
a
fiscal
impact
of
a
lawsuit
like
this
literally
being
10
or
20
000,
and
the
suit
cost
a
half
a
million.
G
So
it's
it's
it's
totally
out
of
whack,
and
so
that's
what
this
bill
does
it
puts
that
cap
on
it
sets
a
hearing
date
within
90
days
unless
authorized
by
the
court
should
good
calls
be
shown
and
again
it
puts
in
the
control
of
the
judge
at
that
point,
to
determine
what's
fair
in
this
case,
so
I'll
be
glad
to
take
some
more
questions.
If
that
hasn't
answered,
most
of
them.
D
Any
questions
for
the
sponsor
yes,
representative
miller,.
E
Thank
you,
mr
chairman
representative,
todd
in
in
the
example
you
gave
of
of
an
attorney
charging
a
million
dollars
to
the
county.
That's
quite
a
bit,
but
this
bill
is
saying:
we'll
go
from
an
example
of
a
million
dollars
down
to
a
cap
of
only
15
chairman
todd.
G
Yes,
sir,
that's
what
this
does
and
unless
there's
good
cause,
if
that
attorney
can
show
the
judge,
15
isn't
going
to
do
it.
This
is
a
bigger
case.
This
isn't
a
simple
expedited
issue
like
the
law
provides
for.
This
has
some
other
merits
that
are
going
to
take
a
lot
more
depositions.
That's
what
they're
doing
they're
saying.
Okay,
this
simple
thing:
we're
going
to
blow
it
up
into
a
major
ordeal,
we're
going
to
take
depositions
we're
going
to
run
up
a
bunch
of
hours.
G
G
G
Theoretically,
yes,
okay,
if
they
see
it's
a
bigger
case
than
what
law
provides,
this
expedited
process
for
they
absolutely
could,
and
we
want
to
leave
that
provision
because
I
don't
know
what
might
come
up
in
the
future.
What
situation
may
come
up
with
a
county
entity
like
the
sheriff's
department
and
so
we'll
leave
that
in
there
for
the
judge's
discretion?
Okay,.
D
A
D
D
D
This
bill
is
brought
to
us
by
the
comptroller.
It
revises
the
continuing
education
requirements
to
16
hours
annually
for
both
programs.
It
removes
the
penalty
hours
from
the
city
program
for
not
meeting
the
training
requirement.
Additionally,
this
bill
allows
for
expense,
reimbursement
and
stipend
for
successfully
completing
a
program
for
cities
subject
to
available
funding.
D
This
bill
review
removes
outdated
compliance
dates
that
were
in
the
original
2007
bill
and,
lastly,
it
allows
municipalities
to
contract
with
cpas
that
have
that
do
not
have
a
cmfo
on
their
staff
for
cities
and
for
cities.
This
is
required,
so
there's
a
provision
being
made
that
they
can
contract
with
a
cpa
in
lieu
of
sending
a
person
through
the
training.