SB 847 - HB 1018 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 15, 2025 Fiscal Analyst: Justin Billingsley | Email: justin.billingsley@capitol.tn.gov | Phone: 615-741-2564 SB 847 - HB 1018 SUMMARY OF BILL: Authorizes an executive officer of a state department or agency, or an officer of this state which holds authority to approve a business license, permit, or certificate, that has received a written notice from a zoning authority attesting that a business operating within the jurisdiction of the local government is not in compliance with a zoning ordinance, resolution, or other law of the local government, to revoke or suspend such business’ license, permit, or certificate if the written notice is received no later than 30 days after the issuance or renewal of the license, permit, or certificate and such written notice provides proof satisfactory through documentation that the business was not in compliance. Requires a state entity to provide written notice, return receipt requested, to the affected business of any such revocation or suspension, which takes effect upon the state entity receiving receipt of proof of delivery of such notice. Authorizes a business owner to appeal any such revocation or suspension. If a zoning authority receives proof satisfactory that the business owner has come into compliance, it must notify the appropriate state entity, which, upon receipt of such notice, must reinstate the license, permit, or certificate. If a state entity finds proof satisfactory upon receiving the written notice that the business owner was not in compliance, it may charge the owner an additional reinstatement fee for reinstatement of the license, permit, or certificate in an amount not to exceed the original cost of the license, permit, or certification. If the state entity determines that the business owner was in compliance with applicable zoning ordinances, resolutions, and laws of the local government, it may require the zoning authority to pay such reinstatement fee. Beginning July 1, 2025, prohibits a register of deeds from recording a deed of conveyance of real property unless the zoning classification of the property at the time the dead is recorded is included. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. §§ 13-7-111 and 13-7-208, it is a Class C misdemeanor to use any building, structure or land in any county or municipality in violation of a regulation of the respective legislative body. SB 847 - HB 1018 2 • It is assumed that the overwhelming majority of businesses in this state comply with local zoning ordinances, resolutions, or other laws. • It is unknown how many instances will occur in which a zoning authority determines a business is not in compliance with local zoning ordinances, resolutions, or laws and seeks to have the state-issued license, permit, or certificate of the business suspended or revoked. • It is reasonably assumed that most zoning issues can be handled at the local government level, between the zoning authority and business, and that the authority this legislation provides will be rarely exercised by local zoning authorities. • If a local zoning authority does seek the suspension or revocation of a business license, permit, or certificate, there will be an increase in postage costs for both local zoning authorities to provide written notice to applicable state agencies and state departments to provide written notice to business owners. • If a state agency determines that the business is not in compliance, it can charge an additional fee not to exceed the original cost of license, permit, or certificate. If it is determined that the business was in-compliance, the state agency can charge such fee to the local zoning authority. • It is unknown whether a state agency will choose to charge this additional fee to business owners or local zoning authorities. • Any impact to state or local government as a result of this legislation is based on: (1) the number of instances in which a local zoning authority will exercise the authority to seek revocation or suspension of a business’ license, and (2) the resulting expenditures that could be incurred by state and local government. • Based on such unknown variables, any impact to state and local government cannot be determined with reasonable certainty, but is considered not significant, as it is broadly assumed that zoning authorities will only seek revocation or suspension of a business license as a last resort, if at all. • Property owners will ensure that the zoning classification of the property at the time the deed is recorded is included with a deed of conveyance of real property. • Any increase in costs for registers of deeds in this state to comply with this act is assumed to be not significant and can be handled within existing resources. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director