Tennessee General Assembly Legislation

Actions For SB2081	Date
Effective date(s) 05/15/2018	05/18/2018
Pub. Ch. 941	05/18/2018
Signed by Governor.	05/15/2018
Transmitted to Governor for action.	05/07/2018
Signed by H. Speaker	04/24/2018
Signed by Senate Speaker	04/23/2018
Enrolled and ready for signatures	04/20/2018
Concurred, Ayes 30, Nays 0 (Amendment 2 - HA1218)	04/18/2018
Placed on Senate Message Calendar calendar for 4/18/2018	04/17/2018
Passed H., as am., Ayes 93, Nays 2, PNV 0	04/16/2018
Am. withdrawn. (Amendment 1 - HA0963)	04/16/2018
H. adopted am. (Amendment 2 - HA1218)	04/16/2018
Subst. for comp. HB.	04/16/2018
Rcvd. from S., held on H. desk.	03/19/2018
Engrossed; ready for transmission to House	03/15/2018
Passed Senate as amended, Ayes 30, Nays 0	03/15/2018
Senate adopted Amendment (Amendment 1 - SA0708)	03/15/2018
Placed on Senate Regular Calendar calendar for 3/15/2018	03/13/2018
Senate Reset on calendar 3/15/18	03/12/2018
Placed on Senate Regular Calendar calendar for 3/12/2018	03/09/2018
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 0 PNV 0	03/06/2018
Placed on Senate Commerce and Labor Committee calendar for 3/6/2018	02/28/2018
Action deferred in Senate Commerce and Labor Committee to 3/6/2018	02/27/2018
Placed on Senate Commerce and Labor Committee calendar for 2/27/2018	02/21/2018
Action deferred in Senate Commerce and Labor Committee to 2/27/2018	02/20/2018
Placed on Senate Commerce and Labor Committee calendar for 2/20/2018	02/14/2018
Passed on Second Consideration, refer to Senate Commerce and Labor Committee	02/05/2018
Introduced, Passed on First Consideration	02/01/2018
Filed for introduction	01/31/2018

Actions For HB2036	Date
Comp. became Pub. Ch. 941	05/18/2018
Comp. SB subst.	04/16/2018
H. Placed on Regular Calendar for 4/16/2018	04/12/2018
Placed on cal. Calendar & Rules Committee for 4/12/2018	04/11/2018
Sponsor(s) Added.	04/11/2018
Action def. in Calendar & Rules Committee to 4/12/2018	04/10/2018
Placed on cal. Calendar & Rules Committee for 4/10/2018	04/10/2018
Rec. for pass; ref to Calendar & Rules Committee	04/09/2018
Placed on cal. Finance, Ways & Means Committee for 4/9/2018	04/04/2018
Rec. for pass by s/c ref. to Finance, Ways & Means Committee	04/03/2018
Placed on s/c cal Finance, Ways & Means Subcommittee for 4/3/2018	03/28/2018
Assigned to s/c Finance, Ways & Means Subcommittee	03/28/2018
Rec. for pass. if am., ref. to Finance, Ways & Means Committee	03/21/2018
Placed on cal. Business and Utilities Committee for 3/21/2018	03/14/2018
Rec for pass if am by s/c ref. to Business and Utilities Committee	03/13/2018
Placed on s/c cal Business and Utilities Subcommittee for 3/13/2018	03/07/2018
Action Def. in s/c Business and Utilities Subcommittee to 3/13/2018	03/06/2018
Placed on s/c cal Business and Utilities Subcommittee for 3/6/2018	02/28/2018
Action Def. in s/c Business and Utilities Subcommittee to 3/6/2018	02/27/2018
Placed on s/c cal Business and Utilities Subcommittee for 2/27/2018	02/21/2018
Action Def. in s/c Business and Utilities Subcommittee to 2/27/2018	02/20/2018
Placed on s/c cal Business and Utilities Subcommittee for 2/20/2018	02/14/2018
Assigned to s/c Business and Utilities Subcommittee	02/05/2018
P2C, ref. to Business and Utilities Committee	02/01/2018
Intro., P1C.	01/31/2018
Filed for intro.	01/30/2018

	Amendments	Fiscal Memos
SA0708	Amendment 1-0 to SB2081

	Amendments	Fiscal Memos
HA0963	Amendment 1-1 to HB2036
HA1218	Amendment 2- to HB2036

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Videos containing keyword: SB2081

Fiscal Summary

Decrease State Revenue - $400/Tennessee Auctioneer Commission Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-supporting over any two- year period. The commission experienced a surplus of $60,841 in FY15-16, a surplus of $74,211 in FY16-17, and a cumulative reserve balance of $414,473 on June 30, 2017.

Bill Summary

This bill revises various provisions related to auctioneers, as follows:

(1) Under present law, an apprentice auctioneer is any individual who is employed by an auctioneer to offer, negotiate, purchase, or exchange goods. This bill replaces the title "apprentice" with the title "affiliate"'

(2) Under present law, anyone who seeks a license as an auctioneer must submit an application to the commission, accompanied by an examination fee and proof that the applicant has served as an apprentice auctioneer under the supervision of a licensed, full-time auctioneer for two years, among other requirements. This bill revises present law to require an apprenticeship for one year instead of two years;

(3) This bill authorizes any licensed auctioneer to sponsor any number of affiliate auctioneers;

(4) This bill specifies that the auctioneer laws do not apply to any exchange of goods conducted through online bidding on an internet-based trading platform by a publicly traded company that primarily sells motor vehicles; and

(5) Under present law, any fixed price or timed listings that allow bidding on an internet website but that do not constitute a simulcast of a live auction are exempt from the auctioneer laws. This bill defines "timed listings" as offering goods for sale with a fixed ending time and date that does not extend based on bidding activity.

ON MARCH 15, 2018, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2081, AS AMENDED.

AMENDMENT #1 rewrites this bill and creates the Tennessee Task Force on Auction Law Modernization. The task force will:

(1) Study regulation of online bidding platforms, including the possible regulation of such platforms as auctions that would require a licensed auctioneer; and
(2) Conduct a comprehensive review of auction laws in this state, including rules of the Tennessee Auctioneer Commission.

The task force will consist of the following members:

(1) The president of the Tennessee Auctioneers Association, who will serve as chair of the task force;
(2) One additional representative of the Tennessee Auctioneers Association, selected by association members;
(3) Two representatives from the Tennessee Automotive Association, selected by association members;
(4) One member of the Tennessee Auctioneer Commission, selected by the commission;
(5) The commissioner of commerce and insurance, or the commissioner's designee;
(6) One member of the Tennessee Real Estate Commission, selected by the commission;
(7) One representative from a licensed Tennessee Auction School, appointed by the Speaker of the Senate;
(8) One representative of the Tennessee County Services Association, selected by the association;
(9) One online real estate auctioneer, appointed by the speaker of the senate;
(10) One online personal property auctioneer, appointed by the speaker of the house of representatives;
(11) One automobile auctioneer, appointed by the speaker of the house of representatives; and
(12) One at large member, appointed by the governor.

This amendment requires the task force to meet at least four times between June 1, 2018 and December 31, 2018, and authorizes the task force to meet more often upon the call of the chair. The task force will be administratively attached to the Board of Licensing Auctioneers. No member of the task force will receive compensation, nor will members be entitled to reimbursement for actual travel and other expenses incurred in attending any meeting or in performing any duties prescribed in this amendment.

The task force will make recommendations for legislation for the next legislative session and report its recommendations to the chairs of the Commerce and Labor Committee of the Senate and the Business and Utilities Committee of the House of Representatives on or before January 15, 2019, at which time the task force will cease to exist.

ON APRIL 16, 2018, THE HOUSE SUBSTITUTED SENATE BILL 2081 FOR HOUSE BILL 2036, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2081, AS AMENDED.

AMENDMENT #2 requires the Tennessee Task Force on Auction Law Modernization to recommend changes and updates to auctioneer licensing laws to recognize the broad range of business models of auctioneers, auction firms, and auction platforms.

This amendment clarifies that the task force is also required to conduct a comprehensive review of auction laws in this state, including the rules of Tennessee Auctioneer Commission to study unnecessary barriers to entry into the profession.

This amendment removes the provision of this bill that requires the task force to study regulation of online bidding platforms, including the possible regulation of such platforms as auctions that would require a licensed auctioneer.

This amendment revises this bill's composition the task force to include the following members:

(1) The president of the Tennessee Auctioneers Association;
(2) One additional member of the Tennessee Auctioneers Association, selected by association members;
(3) One online auctioneer with in-state operations, appointed by the speaker of the senate;
(4) One online auctioneer with global operations, appointed by the speaker of the senate;
(5) One online automobile auctioneer, appointed by the Speaker of the house of representatives;
(6) One representative from a licensed Tennessee Auction School, appointed by the Speaker of the House of Representatives;
(7) One member of the Tennessee Auctioneer Commission, selected by the commission;
(8) The Commissioner of the commerce and insurance or the Commissioner's designee;
(9) One member of the Tennessee Real Estate Commission, selected by the commission;
(10) One representative of the Tennessee County Services Association, selected by the association;
(11) Two representatives from the Tennessee Automotive Association, selected by association members; and
(12) One consumer member to represent the public, appointed by the governor.

This amendment administratively attaches the task force to the department of commerce and insurance instead of the board of licensing auctioneers. This amendment removes the provisions for the president of the Tennessee Auctioneers Association serving as chair of the task force and for the task force meeting at least four times between June 1, 2018, and December 31, 2018, and more often upon the call of the chair. This amendment instead provides that that the commissioner of commerce and insurance, or the commissioner's designee, will schedule the first meeting of the task force to occur within 90 days of the passage of this bill and at the first meeting the members of the task force will select a chair from the membership of the task force.

This amendment specifies that all meetings of the task force will be open to the public pursuant to present law regarding public meetings of governing bodies in this state.

This amendment changes the reporting deadline and expiration date of this bill from January 15, 2019 to January 8, 2019.

FiscalNote for SB2081/HB2036 filed under HB2036

House Floor and Committee Votes

House moved to substitute and conform to SB2081

SB2081 by Yager - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2018
Passed
          Ayes...............................................93
          Noes................................................2

          Representatives voting aye were: Akbari, Alexander, Beck, Boyd, Brooks H, Brooks K, Butt, Byrd, Calfee, Camper, Carr, Carter, Casada, Clemmons, Cooper, Crawford, Curcio, DeBerry, Doss, Dunn, Eldridge, Faison, Farmer, Favors, Fitzhugh, Forgety, Gant, Gilmore, Goins, Gravitt, Halford, Hardaway, Hawk, Hicks, Hill M, Holsclaw, Howell, Hulsey, Jernigan, Johnson, Jones, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Love, Lynn, Marsh, Matlock, McDaniel, Miller, Mitchell, Moody, Moon, Parkinson, Pitts, Powell, Powers, Ragan, Ramsey, Reedy, Rogers, Rudd, Sanderson, Sargent, Sexton C, Sexton J, Shaw, Sherrell, Smith, Sparks, Staples, Stewart, Terry, Thompson, Tillis, Towns, Travis, Turner, VanHuss, Vaughan, Weaver, White D, White M, Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 93.
          Representatives voting no were: Daniel, Hill T -- 2.

          HB2036 by Gravitt - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 4/16/2018 4/12/2018
          Voice Vote - Ayes Prevail

          HB2036 by Gravitt - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
Rec. for pass; ref to Calendar & Rules Committee 4/9/2018
          Voice Vote - Ayes Prevail

HB2036 by Gravitt - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
Rec. for pass by s/c ref. to Finance, Ways & Means Committee 4/3/2018
Failed
          Ayes................................................0
          Noes................................................0

          HB2036 by Gravitt - HOUSE COMMERCE COMMITTEE:
Rec. for pass. if am., ref. to Finance, Ways & Means Committee 3/21/2018
          Voice Vote - Ayes Prevail

          HB2036 by Gravitt - HOUSE BUSINESS AND UTILITIES SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Business and Utilities Committee 3/13/2018
          Voice Vote - Ayes Prevail

Senate Floor and Committee Votes

SB2081 by Yager - FLOOR VOTE: Motion to Concur House Amendment # 2 4/18/2018
Passed
          Ayes...............................................30
          Noes................................................0

          Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Niceley, Norris, Pody, Roberts, Southerland, Stevens, Tate, Watson, Yager, Yarbro -- 30.

SB2081 by Yager - FLOOR VOTE: as Amended Third Consideration 3/15/2018
Passed
          Ayes...............................................30
          Noes................................................0

          Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Niceley, Norris, Pody, Roberts, Southerland, Swann, Watson, Yager, Yarbro -- 30.

SB2081 by Yager - SENATE COMMERCE AND LABOR COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 0 PNV 0 3/6/2018
Passed
          Ayes................................................6
          Noes................................................0

          Senators voting aye were: Gresham, Johnson, Ketron, Niceley, Roberts, Yager -- 6.

SB 2081 by *Yager

(HB 2036) by *Gravitt

Videos containing keyword: SB2081

Fiscal Summary

Bill Summary

House Floor and Committee Votes

Senate Floor and Committee Votes