2002 Legislative Report
All-out efforts by TAR members and staff in 2002 resulted in the best advocacy for the real estate industry to date, and unprecedented success with our legislative priorities.
Informed Advocates Made A Difference
Over 200 well-prepared and enthusiastic REALTORS® from across the state turned out for this year's "REALTORS® Day on the Hill" and were welcomed into the offices of Tennessee's 132 legislators to discuss issues affecting the real estate industry.
Throughout the session, REALTORS® generated hundreds of phone calls and e-mails to legislative offices on a wide variety of topics. The successful implementation of the online "Voter Voice" program was most impressive. Since March, over 930 REALTORS® have registered.
Protecting Homebuyers and Other Consumers
This year's number-one legislative priority remained the defeat of the proposed local option transfer tax, HB 295. Due in large part to REALTOR® efforts in 2001, the legislation never came up for a House floor vote in 2002, nor did the Senate version of the bill emerge from committee.
Other successes include the passage of SB 2434, which requires training and continuing education for Planning Commissioners, Board of Zoning Appeals members, and their staff members.
REALTORS® spoke out against HB 2840, which would have eliminated regulatory oversight and escrow account requirements for vacation lodging services (VLS) firms. Although we reached an agreement on language for the bill with the Senate sponsor and the lobbyist for the VLS industry, the lobbyist made an eleventh-hour attempt to force the bill into a conference committee. We successfully fought this attempt in the House, where the bill was ultimately re referred to committee.
REALTORS® also defeated several attempts by the legislature to authorize the creation of local impact fees and adequate facilities taxes.
Protecting Our Industry
The tax bill that was eventually adopted, HB 3046, included an increase in the annual Professional Privilege Tax from $200 to $400. This tax is levied on a wide variety of professions, including principal real estate brokers. The new tax rate will begin on June 1, 2003. Although we would have preferred no increase in this tax rate, it is important to note that an earlier proposal would have broadened the tax base to include all real estate brokers.
Another issue from last year that re-emerged in 2002 was the attempt to prohibit the use of mobile phones while driving. Thanks in part to REALTOR® efforts, several versions of this legislation were stalled at the committee level. REALTORS® were also successful in stopping a proposal to merge the Real Estate and Auctioneer Commissions.
Looking Ahead
With the 2002 Election behind us, it's now time to focus on the future. TAR's legislative priorities for 2003 include fixing the license reinstatement process, as well as enhancing liability protection for licensees.
Building relationships will also be a focus area for 2003. There will be 21 new House members (12 Republicans, 9 Democrats) and five new Senators (4 R, 1 D), as well as a new Administration. Yet another new Senator will be chosen in a special election to be held in January or February to fill the final two years of Sen. Lincoln Davis's term. Davis was the victor in the 4th Congressional District race.