April 12, 2019 | Issue 13
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This Week's Legislative Update
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With passage of HB1271 Holt in the House on Wednesday, April 10, all agriculture trailers are one step closer to being sales tax exempt for farmers in Tennessee. The Senate version, SB713 Stevens, passed last week. Currently, livestock trailers and trailers used only in production, such as silage trailers, are the only types of agricultural trailers which are exempt from the sales tax. The legislation now heads to the governor to be signed. If Governor Lee signs the bill, the law will become effective July 1, 2019.
HB815 Holt, regarding the Tennessee State Fair Commission, passed the House floor on Monday, April 8. SB618 Hensley has been calendared on the Senate State and Local Government Committee for Tuesday, April 16. This legislation adds two members to the Tennessee State Fair Commission: the Commissioner of Agriculture and the Dean of the Extension program for Tennessee State University. For more information on the legislation, see last week's Alert.
On Monday, April 8, Tennessee Farm Bureau former president, Lacy Upchurch, was paid a special tribute during the Senate floor session. Senator Paul Bailey sponsored SJR6, the memorializing resolution, in his honor. Mrs. Kay Upchurch, along with members of their family, were on hand to receive the resolution and be honored by the General Assembly. We want to thank Senator Bailey, along with Senator Delores Gresham and Representative Cameron Sexton who joined Senator Bailey to present the resolution, for taking the time to honor Mr. Upchurch and his family for his service to the state of Tennessee. A video can be viewed later in the Alert about the presentation of SJR6. |
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ACT NOW: Support the New Clean Water Rule
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On a national issue, we need you to submit comments to EPA by Monday, April 15, 2019 to support the new proposed Clean Water Rule. For more information and to make comments go to click here.
Don't miss this opportunity to support your industry. |
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Agriculture Education and Youth Participation Task Force
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Legislation to establish an Agriculture Education and Youth Participation Task Force passed the Senate this week and is moving along in the House. SB801 Johnson passed the Senate on Monday and HB945 Lamberth will be heard in the House Finance, Ways, and Means Committee on Tuesday, April 16, which will be the final step before a floor vote.
SB 801 Johnson/HB 945 Lamberth is part of Governor Bill Lee's legislative package. According to the governor's office, the purpose of the legislation is to analyze and make recommendations on:
- The mission of agriculture education in Tennessee.
- Structure and delivery of agriculture education.
- Skills and credentials in demand.
- Training and knowledge required in emerging fields.
- Impact of new technologies.
- Impact of agriculture extracurricular participation.
- Alignment of investment in science, technology, engineering, and math (STEM) education
- Integration of agriculture education and agriculture career readiness goals in Tennessee Pathways Initiative*.
(*Note: The Tennessee Pathways is the K-12 initiative under Tennessee's Drive to 55. The Drive to 55 was created to ensure at least 55 percent of Tennesseans have a college degree or certificate by 2025 and can access more career opportunities in their communities across the state. Tennessee Pathways supports alignment among K-12, postsecondary, and industry to provide students with relevant education and training to jumpstart their postsecondary degrees and credentials.)
According to the legislation, the members of the task force would be:
- An agriculture industry representative (appointed by the governor).
- Commissioner of the Department of Education or their designee.
- Commissioner of the Department of Agriculture or their designee.
- Tennessee Board of Regents (TBR) faculty or staff with expertise in agribusiness or agriculture education (appointed by the Chancellor of TBR).
- Faculty member of the University of Tennessee (UT) with expertise in agriculture economics (appointed by the President of the UT).
- Faculty member of Tennessee State University (TSU) with expertise in agribusiness or agricultural education (appointed by the President of TSU)
- Agricultural educator or FFA representative (appointed by the Speaker of the Senate).
- Agricultural educator or 4-H Representative (appointed by the Speaker of the House).
- Agricultural educator (appointed by the governor).
- Chairman of the House Agriculture and Natural Resources Committee or their designee.
- Chairman of the Senate Energy, Agriculture, and Natural Resources committee or their designee.
This task force will dissolve upon delivery of their report no later than February 1, 2020. Farm Bureau supports this effort and will support the task force if the legislation passes. |
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Bill Tracking
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AGRICULTURE
SB15 Use of milk from hoofed mammal for owner's personal consumption or use.
Sponsors: Sen. Briggs, Richard
Summary: Prohibits a person who owns a partial interest in a hoofed mammal from using the milk of the animal for the person's own consumption or other personal use. Only the sole owner of a hoofed animal is allowed to use milk from the animal. This prohibits the herd share concept for selling raw milk.
Senate Status: 1/19/19 - Referred to Senate Commerce & Labor Committee.
House Status: Not Filed.
TFBF Position: Monitoring
SB358/HB532 Permits sale of raw butter by dairy plant license holders.
Sponsors: Sen. Niceley, Frank, Rep. Hill, Timothy
Summary: Specifies that dairy product producers holding a dairy plant license are permitted to produce and sell raw butter.
Senate Status: Passed Senate 3/4/2019.
House Status: Passed House 4/11/19.
TFBF Position: Neutral as amended in House
SB304/HB1178 Prohibits misrepresentation of meat or poultry products.
Sponsors: Sen. Niceley, Frank, Rep. Weaver, Terri
Summary: Prohibits misrepresentation of products as meat or poultry that is not removed from the carcass of slaughtered livestock or poultry. It clarifies the Commissioner of Agriculture does not have authority through rules and regulations to exempt any products not legally considered meat or poultry.
Senate Status: Taken off Notice 3/20/2019.
House Status: Taken off Notice 3/19/19.
TFBF Position: Opposed
SB357/HB844 State's regulatory authority over hemp production.
Sponsors: Sen. Southerland, Steve, Rep. Todd, Chris
Summary: Requires the commissioner of agriculture to submit a plan to the federal government for Tennessee to have primary regulatory authority over hemp production in Tennessee, declaring the administrative framework for the plan. Defines how to obtain licensing to grow hemp, the definition of hemp, violation charges, amongst other administrative functions. Changes references in the law from "industrial hemp" to "hemp."
Senate Status: Passed Senate.
House Status: Passed House.
Sent to Governor 4/2/19.
TFBF Position: Monitoring
SB520/HB1371 Limits foreign ownership of agricultural property in this state.
Sponsors: Sen. Niceley, Frank, Rep. Sexton, Jerry
Summary: Prohibits a nonresident alien, foreign business, or foreign government, or an agent, trustee, or fiduciary thereof, from purchasing or otherwise acquiring agricultural land in this state. Specifies that a nonresident alien, foreign business, or foreign government who holds agricultural land in this state on July 1, 2019, may continue to own or hold the agricultural land, but shall not purchase or otherwise acquire additional agricultural land in this state. It provides exceptions for situations where land is acquired by collection of debts, foreclosure, forfeiture of a contract or deed, or enforcement of a lien or claim. If acquired by such an acquisition, the land must be sold or disposed of within two years. It also provides exceptions for agricultural land acquired for another purpose. The agricultural land must be converted within five years. During that period the land cannot be farmed unless leased to a domestic individual, trust, corporation, partnership, or other business entity.
Senate Status: 2/07/19 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status: 2/13/19 - Referred to Agriculture and Natural Resources Subcommittee.
TFBF Position: Monitoring
COMMERCIAL LAW
SB436/HB281 Selling of companion animals at retail pet stores.
Sponsors: Sen. Bell, Mike, Rep. Marsh, Pat
Summary: Requires the owner or employee of a retail pet store to provide the purchaser of a companion animal with a written notice that specifies certain information including the name and address of the breeder, the license number of the breeder, the date the retail pet store took possession of the companion animal, and the date of sale. A companion animal is considered a dog. Requires the employee or owner of the retail pet store to certify the written notice by signing the document and to maintain a copy of the written notice for at least two years from the date of sale. Prohibits a retail pet store from obtaining companion animals for retail sale from a breeder if the breeder has been issued a final determined report of direct noncompliance violation by the U.S. Department of Agriculture for a period of two years prior to offering for sale a companion animal. All local governments are preempted from passing a local ordinance or resolution to regulate the sale of dogs from a retail pet store. Classifies certain violations by retail pet stores as a Class C misdemeanor offense punishable by fine only.
Senate Status: 2/06/19 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status: Taken off Notice in House Cities & Counties Subcommittee 3/19/2019.
TFBF Position: Monitoring
SB541/HB793 Prohibits adverse actions against healthcare professionals for recommending hemp-based products.
Sponsors: Sen. Massey, Becky, Rep. Ramsey, Bob
Summary: Prohibits adverse administrative action against licenses to practice certain healthcare professions, including chiropractors, dentists, veterinarians, and others based on recommending or marketing industrial hemp-based products.
Senate Status: 2/07/19 - Referred to Senate Health & Welfare Committee.
House Status: 3/05/19 - Returned to Clerk's Desk.
TFBF Position: Monitoring
CRIMINAL LAW
SB222/HB233 Creates Class A misdemeanor for transfer or manufacture of animal fighting paraphernalia.
Sponsors: Sen. Lundberg, Jon, Rep. Whitson, Sam
Summary: Creates Class A misdemeanor for transferring or manufacturing animal fighting paraphernalia with the intent that the paraphernalia be used in promoting animal fighting or baiting.
Senate Status: Passed Senate 3/18/2019.
House Status: Passed House on 3/7/19.
TFBF Position: Monitoring
SB280/HB764 Increase age restrictions for tobacco and vapor-related products.
Sponsors: Sen. Kurita, Rosalind, Rep. Rudder, Iris
Summary: Increases the age restriction on tobacco and vaping products to 21. It would restrict the sales of all tobacco products and vaping products to anyone under 21 years of age. Changes penalties for those under 18 being in possession of tobacco products or vaping products by allowing school principals to issue citations along with law enforcement officers and requires minors to appear in juvenile court. Individuals between the ages of 18 and 21 found in possession of tobacco products or vaping products may have the products seized by a law enforcement officer and the violation is a Class C misdemeanor punishable only by a fine.
Senate Status: Taken off notice.
House Status: Referred to House Public Subcommittee 2/13/19.
TFBF Position: Opposed
SB301/HB1456 Prohibits smoking and vaping in cars when a child in a safety seat is present.
Sponsors: Sen. Kurita, Rosalind, Rep. Ramsey, Bob
Summary: Prohibits smoking or vaping when a child in a safety seat is present. The first offense is a warning, second offense is a Class C misdemeanor by a fine of $20.00 and court costs not to exceed $10.00, and third or subsequent offense is a Class C misdemeanor with a fine of $50.00. A violation would not be a primary offense and a law enforcement officer could not stop a motor vehicle solely because of a violation of this law.
Senate Status: Failed in Senate Commerce & Labor Committee on 2/26/19.
House Status: Referred to Public Health Subcommittee 2/13/19.
TFBF Position: Monitoring
SB360/HB1284 Use of hemp products by minors.
Sponsors: Sen. Southerland, Steve, Rep. Mitchell, Bo
Summary: Expands the Prevention of Youth Access to Tobacco and Vapor Products Act to apply to hemp for smoking. Would prohibit hemp smoking and having hemp smoking paraphernalia if under 18 years old.
Senate Status: Passed Senate.
House Status: Set for House Finance, Ways & Means Committee 4/17/19.
TFBF Position: Supports
SB849/HB1459 Raises age to access or use tobacco and vape products.
Sponsors: Sen. Hensley, Joey, Rep. Gant, Ron
Summary: Increases the age restriction on tobacco and vaping products to 21. It would restrict the sale of all tobacco products and vaping products to anyone under 21 years of age. Individuals between the ages of 18 and 21 found in possession of tobacco or vaping products may have the products seized by a law enforcement officer. The violation for individuals under 21 and over 17 would be a civil penalty with fines not less than $10.00 or more than $50.00. The court could impose community service work not to exceed 50 hours.
Senate Status: Senate Commerce & Labor Committee deferred to 2020.
House Status: Set for House Health Committee 4/16/19.
TFBF Position: Opposed
SB932/HB1335 Local regulation of products containing nicotine.
Sponsors: Sen. Lundberg, Jon, Rep. Cochran, Mark
Summary: Authorizes any municipality, county, airport authority, or certain utility districts to regulate the use of tobacco products in public places, places of employment, and parks. Specifies that a regulation implemented pursuant to this bill by a local government entity shall not be less restrictive than that required by state law.
Senate Status: Passed Senate 4/11/19.
House Status: House Local Committee deferred to summer study 3/27/19.
TFBF Position: Monitoring
SB1200/HB1454 Raises age limit of persons allowed to use tobacco and vape products.
Sponsors: Sen. Reeves, Shane, Rep. Ramsey, Bob
Summary: Increases the age restriction on tobacco and vaping products to 21. It would restrict the sale of all tobacco products and vaping products to anyone under 21 years of age. Individuals between the ages of 18 and 21 found in possession of tobacco or vaping products may have the products seized by a law enforcement officer. The violation for individuals under 21 and over 17 would be a civil penalty with fines not less than $10.00 or more than $50.00. The court could impose community service work not to exceed 50 hours for a second or subsequent violation within a one year period.
Senate Status: Taken off notice in Senate Commerce & Labor Committee 4/9/19.
House Status: Returned to House Clerk's Desk on 3/13/2019.
TFBF Position: Opposed
EDUCATION
SB19/HB301 EDUCATION: Retention election for director of schools.
Sponsors: Sen. Gresham, Dolores, Rep. VanHuss, James
Summary: Allows any county or city governing body to hold a retention election for the director of schools at the next regular August election immediately preceding the expiration of the director of schools' contract. Prohibits a local board of education from extending the contract of a director of schools if a majority of those voting on the question vote against retaining the director of schools.
Senate Status: 1/19/19 - Referred to Senate Education Committee.
House Status: Taken off notice.
TFBF Position: Supports
SB305/HB415 EDUCATION: No state rule preventing whole milk in schools.
Sponsors: Sen. Niceley, Frank, Rep. Moody, Debra
Summary: Specifies that nutritional standards adopted by the state board of education do not prohibit LEAs and schools from offering whole milk as a food choice for students. Currently, the federal school lunch program standards do not allow for whole milk.
Senate Status: Taken off Notice in Senate Education Committee 3/20/2019.
House Status: Referred to House K-12 Subcommittee 2/6/2019.
TFBF Position: Supports
ENVIRONMENT
SB377/HB1201 Prohibits sale of big game urine from CWD contaminated areas.
Sponsors: Sen. Swann, Art, Rep. Hurt, Chris
Summary: Prohibits sale of deer or elk urine from a state or province with documented occurrences of chronic wasting disease (CWD). Authorizes Tennessee fish and wildlife commission to determine and allow exceptions.
Senate Status: Action deferred in Senate Energy, Agriculture & Natural Resources Committee on 3/13/19.
House Status: Referred to House Agriculture & Natural Resources Subcommittee 2/13/2019.
TFBF Position: Monitoring
SB424/HB408 Allows parents of landowners of farmlands to hunt and fish on such land without a license.
Sponsors: Sen. Hensley, Joey, Rep. Doggett, Clay
Summary: Allows parents of landowners and tenants of farmlands to hunt and fish on such land without a license.
Senate Status: Sent to Senate Finance.
House Status: House Finance Subcommittee placed behind budget.
TFBF Position: Supports
SB439/HB318 Allows TWRA to issue special permits to nonprofit wildlife conservation organizations in designated areas, rather than just for elk-take permits.
Sponsors: Sen. Bell, Mike, Rep. Faison, Jeremy
Summary: Authorizes executive director of TWRA to issue various types of special permits to nonprofit wildlife conservation organizations in designates areas, rather than to issue only special elk-take permits to such organizations.
Senate Status: Passed Senate.
House Status: Passed House.
TFBF Position: Monitoring
SB535/HB1067 Reelfoot Lake as Tennessee Heritage Site.
Sponsors: Sen. Jackson, Ed , Rep. Sanderson, Bill
Summary: Designates Reelfoot Lake as a Tennessee Heritage Site. Authorizes the commissioner of tourist development to strategically market Reelfoot Lake as a Tennessee Heritage Site for tourism development based on its geological history, natural resources, and other unique characteristics as funding may be available at the discretion of the commissioner.
Senate Status: Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status: Passed House.
TFBF Position: Monitoring
GOVERNMENT
SB302/HB1075 Creation of the Tennessee Wine and Grape Board.
Sponsors: Sen. Yager, Ken, Rep. Sanderson, Bill
Summary: Creates the Tennessee wine and grape board composed of seven members with the ability to use funds to promote wine industry and viticulture, hire staff as necessary, marketing and education, and issuances of grants for purposes of promoting the wine industry and viticulture. Members of the board would be the commissioner of agriculture, commissioner of tourism, and five members appointed byt the governor who are involved in the wine industry. A wine and grape fund would be established using moneys from the wine excise tax. Currently there is a $1.21 tax on each gallon of wine sold or distributed in Tennessee that is allocated to the state general fund and to counties.
Senate Status: Set for Senate Government Operations Committee 4/17/19.
House Status: Set for House Finance, Ways & Means Subcommittee 4/17/19.
TFBF Position: Monitoring
INSURANCE
SB309/HB176 Types of crop insurance offered under a limited lines producer license.
Sponsors: Sen. Lundberg, Jon , Rep. Hall, Mark
Summary: Expands types of crop insurance offered under a limited lines producer license to those included in the definition. It defines "crop insurance" as insurance providing protection against damage to crops from unfavorable weather conditions, fire, lightning, flood, hail, insect infestation, disease, or other yield-reducing conditions provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation. Currently, a person can receive a limited lines producer license without an examination in the limited lines of "Crop hail insurance". This term is not defined in law.
Senate Status: Passed Senate.
House Status: House Finance Subcommittee placed behind budget 3/27/19.
TFBF Position: Monitoring
TAXES
SJR3 Constitutional amendment - prohibits state property tax.
Sponsors: Sen. Niceley, Frank
Summary: Proposes additional language in Article II, Section 28 of the state constitution to prohibit the general assembly from levying, authorizing, or otherwise permitting any state tax on property.
Senate Status: Taken off Notice.
TFBF Position: Supports
SB713/HB1271 Exemption - agricultural trailers.
Sponsors: Sen. Stevens, John , Rep. Holt, Andy
Summary: Exempts from sales and use tax the sale of agricultural trailers.
Senate Status: Passed Senate.
House Status: Passed House.
TFBF Position: Supports
SB886/HB809 Adds Private Roads to the Land Hook Provisions of the Greenbelt Law.
Summary Tennessee law allows for parcels of land separated by a road, body of water, or public or private easement to be "land hooked," combined into one parcel, for Greenbelt purposes to attain the minimum 15-acre requirement. Would specify land separated by a private road may also be land hooked.
Sponsors: Sen. Niceley, Frank, Rep. Kumar, Sabi
Senate Status: Sent to Senate Finance 4/2/19.
House Status: House Finance Subcommittee place behind budget.
TFBF Position: Supports
SB1460/HB634 Taxation of water used in a farming operation.
Sponsors: Sen. Bailey, Paul, Rep. Halford, Curtis
Summary: Exempts water furnished by a utility district and used exclusively in a farming operation from sales and use tax.
Senate Status: Senate Finance Revenue returned to full committee 4/2/19.
House Status: Passed House.
TFBF Position: Supports
TRANSPORTATION
SB1496/HB696 Adds exemption to farm tractors or implements of husbandry.
Sponsors: Sen. Bailey, Paul, Rep. Doggett, Clay
Summary: Adds farm tractors or implements of husbandry are not to be considered a slow-moving vehicle that have to pull off of the road.
Senate Status: Passed Senate.
House Status: Passed House.
TFBF Position: Supports
Signed by Governor.
SB517/HB714 Issuing of a restricted commercial drivers license to a farm-related service industry employee.
Sponsors: Sen. Niceley, Frank, Rep. Moody, Debra
Summary: Authorizes the commissioner of safety to issue a farm-related service industry employee, in an agri-chemical business, a custom harvester, a farm retail outlet or supplier, or a livestock feeder, a restricted commercial driver licenses to persons if they hold a valid driver license, has at least one year of driving experience, and a good driving history.
Senate Status: Sent to Senate Finance.
House Status: Set for House Finance, Ways, and Means Subcommittee 4/17/19.
TFBF Position: Supports |
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