Tennessee General Assembly Legislation

Actions For SB2698	Date
Effective date(s) 04/26/2018	05/04/2018
Pub. Ch. 850	05/04/2018
Signed by Governor.	04/26/2018
Transmitted to Governor for action.	04/18/2018
Signed by H. Speaker	04/17/2018
Signed by Senate Speaker	04/16/2018
Enrolled and ready for signatures	04/13/2018
Passed H., Ayes 95, Nays 0, PNV 1	04/12/2018
Subst. for comp. HB.	04/12/2018
Rcvd. from S., held on H. desk.	04/04/2018
Engrossed; ready for transmission to House	04/03/2018
Passed Senate as amended, Ayes 28, Nays 0	04/02/2018
Senate adopted Amendment (Amendment 2 - SA0964)	04/02/2018
Senate adopted Amendment (Amendment 1 - SA0835)	04/02/2018
Placed on Senate Regular Calendar calendar for 4/2/2018	03/29/2018
Senate Reset on calendar 4/2/18	03/29/2018
Placed on Senate Regular Calendar calendar for 3/29/2018	03/27/2018
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0	03/14/2018
Placed on Senate Transportation and Safety Committee calendar for 3/14/2018	03/08/2018
Action deferred in Senate Transportation and Safety Committee to 3/14/2018	03/07/2018
Placed on Senate Transportation and Safety Committee calendar for 3/7/2018	02/28/2018
Passed on Second Consideration, refer to Senate Transportation and Safety Committee	02/05/2018
Introduced, Passed on First Consideration	02/01/2018
Filed for introduction	02/01/2018

Actions For HB1710	Date
Comp. became Pub. Ch. 850	05/04/2018
Comp. SB subst.	04/12/2018
Am. withdrawn. (Amendment 2 - HA0905)	04/12/2018
Am. withdrawn. (Amendment 1 - HA0904)	04/12/2018
H. Placed on Regular Calendar for 4/12/2018	04/05/2018
Placed on cal. Calendar & Rules Committee for 4/5/2018	04/04/2018
Rec. for pass; ref to Calendar & Rules Committee	04/03/2018
Placed on cal. Finance, Ways & Means Committee for 4/3/2018	03/28/2018
Rec. for pass by s/c ref. to Finance, Ways & Means Committee	03/28/2018
Placed on s/c cal Finance, Ways & Means Subcommittee for 3/28/2018	03/21/2018
Assigned to s/c Finance, Ways & Means Subcommittee	03/21/2018
Rec. for pass. if am., ref. to Finance, Ways & Means Committee	03/20/2018
Placed on cal. Transportation Committee for 3/20/2018	03/14/2018
Action def. in Transportation Committee to 3/20/2018	03/13/2018
Placed on cal. Transportation Committee for 3/13/2018	03/07/2018
Rec for pass if am by s/c ref. to Transportation Committee	03/07/2018
Placed on s/c cal Transportation Subcommittee for 3/7/2018	02/28/2018
Action Def. in s/c Transportation Subcommittee to 3/7/2018	02/28/2018
Placed on s/c cal Transportation Subcommittee for 2/28/2018	02/21/2018
Action Def. in s/c Transportation Subcommittee to 2/28/2018	02/21/2018
Placed on s/c cal Transportation Subcommittee for 2/21/2018	02/14/2018
Sponsor(s) Added.	01/30/2018
Assigned to s/c Transportation Subcommittee	01/24/2018
P2C, ref. to Transportation Committee	01/24/2018
Intro., P1C.	01/22/2018
Filed for intro.	01/19/2018

	Amendments	Fiscal Memos
SA0835	Amendment 1-0 to SB2698
SA0964	Amendment 2-0 to SB2698

	Amendments	Fiscal Memos
HA0904	Amendment 1-1 to HB1710
HA0905	Amendment 2-2 to HB1710

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: SB2698

Fiscal Summary

Increase State Expenditures - Exceeds $250,000 Increase Local Expenditures - Exceeds $500,000*

Bill Summary

This bill revises various present law provisions regarding the towing, custody, and selling of abandoned, immobile, or unattended vehicles.

Present law requires any person, firm, or entity (towing firm) to notify local law enforcement prior to towing an abandoned, immobile, or unattended vehicle (vehicle) if the owner of such vehicle is not present. The towing firm must provide local law enforcement with the vehicle's VIN, registration information, license plate number, and a description of the vehicle. If a towing firm violates the notification requirement, it is a Class A misdemeanor.

This bill revises the above provisions to require a towing firm to notify local law enforcement within 30 minutes of towing a vehicle instead of prior to towing the vehicle.

Present law requires a garagekeeper or towing firm lawfully possessing a vehicle taken into custody by a police department to verify ownership of the vehicle within three business days of taking possession, and to provide notice to the last known registered owner and all lienholders of record within three days of receiving ownership verification. A garagekeeper or towing firm that does not verify ownership of a vehicle within three business days after taking possession of the vehicle or that does not notify by mail the owner of such motor vehicle within six days after taking possession is not entitled to receive more than six days of storage-related expenses.

This bill requires notice to the owner within "three days of verifying ownership" instead of "six days after taking possession."

Present law authorizes a police department to execute a written waiver of its right to sell a vehicle taken into custody in favor of the custodian garagekeeper or towing firm. If the garagekeeper or towing firm has made repairs to the vehicle, the garagekeeper or towing firm may proceed to enforce the lien pursuant to present law. If the garagekeeper or towing firm has not made such repairs, the garagekeeper or towing firm may, after 30 days from the waiver date, proceed to sell the vehicle and keep the proceeds from the sale.

This bill adds the following to the above present law procedures:

(1) If the vehicle is an abandoned vehicle, the police department must, within 15 calendar days of the vehicle being placed in the possession of the garagekeeper or towing firm:
(A) Execute the written waiver. This bill retains present law procedures if a waiver in favor of the garagekeeper or towing firm is executed; or
(B) Take physical possession of the vehicle and pay towing and storage fees to the garagekeeper or towing firm, as appropriate;
(2) If a police department places a hold on a vehicle that is not an abandoned vehicle, the hold on the vehicle must not exceed seven business days. Upon the expiration of seven business days, the police department must:
(A) Release the hold;
(B) Take physical possession of the vehicle; or
(C) Pay storage fees to the garagekeeper or towing firm.

ON APRIL 2, 2018, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 2698, AS AMENDED.

AMENDMENT #1 changes the notice requirement so that a towing firm must notify local law enforcement within 15 minutes of towing a vehicle, deletes the changes that this bill would have made to the present law process for police departments to waive their right to sell a vehicle taken into custody in favor of the custodian garagekeeper or towing firm, and creates a nine-member towing advisory board to advise the towing industry and law enforcement agencies on the adoption of policies and other issues related to the towing industry.

The towing advisory board will consist of the following members:

(1) One current sheriff, to be appointed by the Tennessee Sheriffs' Association;
(2) One current police chief, to be appointed by the Tennessee Association of Chiefs of Police;
(3) The colonel of the highway patrol or the colonel's designee;
(4) One individual, to be appointed by the district attorneys general conference;
(5) One individual, to be appointed by the commissioner of commerce and insurance;
(6) Three individuals, to be appointed by the Tennessee Tow Truck Association; and
(7) One private citizen, to be elected by the board who is not affiliated with any of the above listed entities.

The towing advisory board will annually report the board's recommendations to the transportation and safety committee of the senate and the transportation committee of the house of representatives.

AMENDMENT #2 schedules the towing advisory board and related provisions to expire July 1, 2020.

FiscalNote for SB2698/HB1710 filed under HB1710

House Floor and Committee Votes

House moved to substitute and conform to SB2698

SB2698 by Bailey - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/12/2018
Passed
          Ayes...............................................95
          Noes................................................0
          Present and not voting...................1

          Representatives voting aye were: Akbari, Alexander, Beck, Boyd, Brooks H, Brooks K, Butt, Byrd, Calfee, Camper, Carter, Casada, Clemmons, Coley, Cooper, Crawford, Curcio, DeBerry, Doss, Dunn, Eldridge, Faison, Farmer, Favors, Fitzhugh, Forgety, Gant, Gilmore, Gravitt, Halford, Hardaway, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Jernigan, Johnson, Jones, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Love, Lynn, Marsh, Matheny, 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, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 95.
          Representatives present and not voting were: Daniel -- 1.

          HB1710 by Doss - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 4/12/2018 4/5/2018
          Voice Vote - Ayes Prevail

          HB1710 by Doss - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
Rec. for pass; ref to Calendar & Rules Committee 4/3/2018
          Voice Vote - Ayes Prevail

          HB1710 by Doss - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
Rec. for pass by s/c ref. to Finance, Ways & Means Committee 3/28/2018
          Voice Vote - Ayes Prevail

          HB1710 by Doss - HOUSE TRANSPORTATION COMMITTEE:
Rec. for pass. if am., ref. to Finance, Ways & Means Committee 3/20/2018
          Voice Vote - Ayes Prevail Rep(s). Windle requested to be recorded as voting No

          HB1710 by Doss - HOUSE TRANSPORTATION SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Transportation Committee 3/7/2018
          Voice Vote - Ayes Prevail

Senate Floor and Committee Votes

SB2698 by Bailey - FLOOR VOTE: as Amended Third Consideration 4/2/2018
Passed
          Ayes...............................................28
          Noes................................................0

          Senators voting aye were: Bailey, Bowling, Briggs, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Pody, Reeves, Roberts, Stevens, Swann, Tate, Watson, Yager, Yarbro, Mr. Speaker McNally -- 28.

SB2698 by Bailey - FLOOR VOTE: as Amended Third Consideration 4/2/2018
Passed
          Ayes...............................................28
          Noes................................................0

          Senators voting aye were: Bailey, Bowling, Briggs, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Pody, Reeves, Roberts, Stevens, Swann, Tate, Watson, Yager, Yarbro, Mr. Speaker McNally -- 28.

SB2698 by Bailey - TRANSPORTATION AND SAFETY COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 3/14/2018
Passed
          Ayes................................................9
          Noes................................................0

          Senators voting aye were: Bailey, Bowling, Briggs, Massey, Niceley, Pody, Stevens, Swann, Yarbro -- 9.

SB 2698 by *Bailey

(HB 1710) by *Doss

Videos containing keyword: SB2698

Fiscal Summary

Bill Summary

House Floor and Committee Votes

Senate Floor and Committee Votes