Tennessee 2025 2025-2026 Regular Session

Tennessee Senate Bill SB1316 Introduced / Fiscal Note

Filed 03/02/2025

                    SB 1316 - HB 1330 
FISCAL NOTE 
 
 
 
Fiscal Review Committee 
Tennessee General Assembly 
 
March 2, 2025 
Fiscal Analyst: Laura Moore | Email: laura.moore@capitol.tn.gov | Phone: 615-741-2564 
 
SB 1316 - HB 1330 
 
SUMMARY OF BILL:    Enacts the Less is More Act of 2025.  Terminates the Board of Court 
Reporting and moves all rules and regulations of licensing provided to the board under the 
Tennessee Court Report Act of 2009 to the Department of Commerce and Insurance (DCI). 
Deletes the provision in statute that grandfathered in the license of a court reporter who was 
licensed before January 1, 2010. Changes the name of the Tennessee Board of Court Reporting 
Fund to the Tennessee Court Reporting Fund. 
 
Exempts facilities that are operated for the provision of the Employment and Community First 
CHOICES program and services for comprehensive behavioral support for adults with intellectual 
or developmental disabilities, or severe behavioral or psychiatric conditions, or any successor 
program or service, or a home and community-based services waiver approved by the Centers for 
Medicare and Medicaid Services, from licensing under the Department of Mental Health and 
Substance Abuse Services, and moves such licensing requirements under the Department of 
Disability and Aging. 
 
Authorizes an additional option as one of the requirements for a certificate as a public account to 
include 120 hours of college education with the total educational program including an accounting 
concentration or equivalent as determined by the State Board of Accountancy. Requires applicants 
to obtain one to two years of experience depending on the type of completed education before 
being granted a certificate. Reduces regulations related to certificate issuance and renewals for 
accountants certified in other states.  
 
Removes annual inspection requirements of barber shops, barber schools, or colleges under the 
Board of Cosmetology and Barber Examiners and requires the Board to establish rules regarding the 
frequency of inspections. 
 
Extends, from six months to two years, the period that an applicant has to apply for a real estate 
broker's license after passing the examination before being required to retake the examination in 
order to be eligible for a license. Authorizes a broker who has temporarily retired to submit proof of 
completion of a commission-approved course consisting of 30 hours of continuing education to 
reactivate their license. Prohibits a licensed brokers penalty fee of $100 per month from exceeding 
12 months. Authorizes a licensee in good standing with the Commission, whose license has been 
expired for more than two years, but has not been temporarily retired, to reactivate the license upon 
payment of the penalty fee accessed for all 12 months and completion of a commission-approved 
course consisting of 30 hours of continuing education. 
 
Deletes the Soil Scientist Licensure Act of 2009, removing all licensing regulation. Renames the 
Geologist and Soil Scientist Regulatory Fund to the Geologist Regulatory Fund. 
   
 	SB 1316 - HB 1330  	2 
Authorize any board-run, commission-run, or commissioner-run program in the Division of 
Regulatory Boards of the DCI that issues a license, to enter into reciprocal agreements with 
appropriate officials in other jurisdictions to grant licenses to persons or entities licensed in the other 
jurisdictions who possess sufficient qualifications as established by the regulatory authority of this 
state to operate across state lines under mutually acceptable terms. 
 
Revises provisions governing participation in meetings by electronic means of communication. 
Deletes the provisions that authorizes a meeting of a governing body over electronic means only as 
necessary for purposes of a quorum, and authorizes a governing body to meet over electronic means 
at any point, so long as certain conditions are met and the governing body meets with a quorum 
physically present no less than once per calendar year. 
 
Makes various changes to the composition, appointment rules, and term lengths relative to members 
of a commission or board. Specifically makes variations of these changes to the following boards or 
commissions: the Commission on Intergovernmental Relations, Board of the Tennessee Education 
Lottery, Tennessee Peace Officer Standards and Training Commission (POST), Tennessee Motor 
Vehicle Commission, Board of Accountancy, Board of Cosmetology and Barber Examiners, Board 
of Funeral Directors and Embalmers, Tennessee Real Estate Commission, Board of Dentistry, 
Board of Medical Examiners, Board of Optometry, Board of Dispensing Opticians, Board of 
Respiratory Care, Tennessee Athletic Commission, and the Tennessee Fish and Wildlife 
Commission. 
 
 
FISCAL IMPACT: 
 
STATE GOVERNMENT 
REVENUE 	Geologist and Soil Scientist Regulatory Fund 
FY25-26 & Subsequent Years 	($6,500) 
 
EXPENDITURES 	Board of Court Reporting Fund 
FY25-26 & Subsequent Years 	($4,000) 
 
OTHER FISCAL IMPACT 
 
Passage of this legislation may result in both increases and decreases in state revenue to various 
boards, and a decrease in state expenditures for travel reimbursement across various governing 
bodies. However, due to multiple unknown variables, the extent and timing of any such impacts 
cannot be determined with reasonably certainty.  
 
      
 
 
 
 
 
   
 	SB 1316 - HB 1330  	3 
Assumptions: 
 
         Tennessee Board of Court Reporting: 
• Terminating the Tennessee Board of Court Reporting and moving its operations and 
regulatory duties under DCI will result in a significant impact.  
• The Tennessee Board of Court Reporting consists of 15 members. 
• Pursuant to Tenn. Code Ann. § 20-9-604(h), members of the Board are entitled to 
reimbursement for travel expenses. Board members are not entitled to any other 
compensation.  
• DCI provides that the Board’s annual average expenditures for travel reimbursements is 
$4,000.  
• Therefore, the recurring decrease in state expenditures is estimated to be $4,000 in FY25-26 
and subsequent years. 
• According to DCI, the operations and regulatory functions of the Board can be handled 
under DCI within existing resources. 
• Based on information provided by DCI, the department does not anticipate new licensing 
fee revenue from those that were previously grandfathered in, as these licensees were still 
required to pay the $200 biennial renewal fee. 
• Changing the name of the Tennessee Board of Court Reporting Fund to the Tennessee 
Court Reporting Fund will not impact revenue collections related to licensing. 
• Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-
sufficient over any two-year period. The Tennessee Board of Court Reporting experienced 
a deficit of $45,201 in FY22-23, a surplus of $2,379 in FY23-24, and had a cumulative 
reserve balance of $148,883 on June 30, 2024. 
 
         Department of Disability and Aging /Mental Health and Substance Abuse Services: 
• According to the Department of Disability and Aging, adding the licensing exemption to 
such facilities in statute under the Department of Mental Health and Substance Abuse 
Services and moving such licensing requirements under the Department of Disability and 
Aging is codifying current practice.  
• The department confirms that these facilities are already licensed under the Department of 
Disability and Aging; therefore, there will be no significant impact.  
 
         State Board of Accountancy: 
• According to DCI, adding new authorized education revised experience requirements as 
part of certification for a public accountant (CPA) is estimated to increase the number of 
certified public accounts. 
• The fee for an initial licensing as a CPA is $100 and the biennial renewal fee is $140. 
• The number of new licensees is unknown and cannot be determined with reasonable 
certainty. Any impact would increase revenue fee collections under the State Board of 
Accountancy. 
• DCI provides that the changes to certificate issuance and renewals for accountants certified 
in other states are to address changing practices across the country and that there is no 
estimated impact relative to the number of licenses issued or fee collected by the Board.   
 	SB 1316 - HB 1330  	4 
• Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-
sufficient over any two-year period. The State Board of Accountancy experienced a deficit 
of $7,556 in FY22-23, a deficit of $13,958 in FY23-24, and had a cumulative reserve balance 
of $1,587,244 on June 30, 2024. 
 
         Board of Cosmetology and Barber Examiners: 
• Based on information provided by DCI, removing the annual frequency of such inspections 
is estimated to reduce the Board’s expenditures. The new frequency of inspections is to be 
determined by the Board, and is unknown at this time. 
• The Board does not charge an annual inspection fee. 
• Any reduction in expenditures to the Board cannot be determined with reasonable 
certainty. 
• Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-
sufficient over any two-year period. The State Board of Cosmetology and Barber Examiners 
experienced a deficit of $77,148 in FY22-23, a deficit of $40,834 in FY23-24, and had a 
cumulative reserve balance of $1,181,639 on June 30, 2024. 
 
          Real Estate Commission: 
• The provisions relative to the licensing, reinstatement, or prenatal fee cap of a real estate 
broker's or affiliate broker's license are not estimated to increase the number of licensees 
under the Tennessee Real Estate Commission. Any impact to the Commission’s revenue 
collections or expenditures is estimated to be not significant.  
• Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-
sufficient over any two-year period. The Tennessee Real Estate Commission experienced a 
surplus of $606,386 in FY22-23, a surplus of $449,941 in FY23-24, and had a cumulative 
reserve balance of $9,206,575 on June 30, 2024. 
 
         Tennessee Professional Soil Scientists Licensing Act of 2009: 
• Deleting the Soil Scientist Licensure Act of 2009 is estimated to decrease state revenue. 
• Under the Act there is no board; licensing is regulated under DCI. 
• According to DCI, all licensing rules and regulations will be terminated. Soil scientists will 
no longer have a licensing requirement.  
• DCI provides that there is a total of 65 licensed scientists, who pay a biennial fee of $400. 
• Licensing revenue fee collections are deposited into the Geologist and Soil Scientist 
Regulatory Fund. The proposed legislation changes the Fund to the Geologist Regulatory 
Fund. 
• The decrease in state revenue is estimated to be $13,000 ($400 fee x 65 licensees x 2 
biennial fee) in FY25-26 and every two years thereafter. Annualized, the recurring decrease 
in revenue is estimated to be $6,500 ($13,000 / 2).  
• Pursuant to Tenn. Code Ann. § 4-29-121, all regulatory boards are required to be self-
sufficient over any two-year period. The Tennessee Professional Geologists/Soil Scientist 
Licensing Program experienced a surplus of $42,424 in FY22-23, a surplus of $14,151 in 
FY23-24, and had a cumulative reserve balance of $614,764 on June 30, 2024. 
 
 
   
 	SB 1316 - HB 1330  	5 
         Reciprocal agreements under DCI’s Division of Regulatory boards: 
• Authorizing the Division of Regulatory Boards under DCI to enter into reciprocal 
agreements to grant licenses to persons or entities licensed in the other jurisdictions is 
estimated to increase licensing revenue fee collections; however, the number of new 
licensees cannot be determined with reasonable certainty. 
 
         Meeting by Electronic Means: 
• Tennessee Code Annotated § 8-44-108(b)(1) states that certain governing bodies may allow 
participation in meetings by electronic means if a physical quorum is present or a 
determination of necessity exists. Members who participate electronically are not eligible to 
receive per diem. 
• The proposed legislation authorizes participation in any meeting by electronic means so 
long as certain conditions are met. Members who participate electronically will still not be 
eligible for compensation.  
• As a result of allowing more meetings by electronic means, it is estimated that there will be 
a decrease to governing body travel expenditures.  However, each governing body meets at 
different frequencies, consist of different numbers of members, and receive different 
compensation. Therefore, any reduction in state expenditures is dependent upon the 
circumstances of the governing body and the extent and timing of the decrease in state 
expenditures cannot be determined with reasonable certainty. 
 
         Appointment-related changes: 
• The various changes to the composition, or appointment rules, or term lengths, relative to 
members of a commission or board are not estimated to have a significant impact on state 
government.  
 
 
CERTIFICATION: 
 
 The information contained herein is true and correct to the best of my knowledge. 
   
Bojan Savic, Executive Director