SB 2224

This bill makes various changes and additions to present law concerning regulatory authorities. State Board of Examiners for Architects, Engineers, and Land Surveyors Present law establishes a three-member state board of examiners for land surveyors to provide registrations to qualified land surveyors and regulate the profession. This bill terminates the state board of examiners for land surveyors and transfers the bo ard's responsibilities to the state board of examiners for architects and engineers, renamed by this bill the state board of examiners for architects, engineers, and land surveyors. This bill increases the membership of the state board of examiners for architects, engineers, and land surveyors by adding three registered land surveyors appointed by the governor. This bill changes various quorum and committee membership size requirem ents commensurate with the board's increased membership. This bill creates a fund comprised of monies received by the board, which fund is to be used for the board's regulation of the professions within its jurisdiction. This bill authorizes the board's executive director to assign applications for registration to a panel of two board members who hold the same registration as that being applied for (or in the case of a landscape architect, one of whom is a registered land scape architect and one of whom is a registered architect or engineer). If a two-member panel, after reviewing an application, approves the application and full board review is not otherwise required, the application is approved. If any reviewing member requests full board review, or if the executive director determines that the level of complexity of the application needs full board review, the application must be reviewed at a board meeting and approval only requires the affirmative vote of a majority of the members who hold the registration being applied for. Court Reporters Under present law, when a person files a complaint concerning the conduct of a court reporter with the commissioner of commerce and insurance a copy must be provided to the licensed court reporter within five business days of receipt by the commissioner. The copy must be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint receives actual notice. This bill revises the requirements for providing a copy of a complaint to the court reporter by removing the requirement that the copy must be provided within five days of receipt by the commissioner and authorizing the copy to be sent by electronic mail. Motor Vehicle Commission This bill removes obsolete language concerning certain commission members being residents of particular congressional districts. This bill removes a requirement that, before assuming any official duties, the commission's executive director take and subscribe to the oath of office and execute a bond. Registered Interior Designers This bill repeals the Interior Designers Title Registration Act and removes the registered interior designer member from the state board of examiners for architects and engineers. Communications to Licensees, Registrants, and Certificate Holders This bill authorizes various boards to send renewal notices by electronic mail and to communicate with persons subject to their jurisdiction by any reasonable method, as opposed to specifying that communication must be by mail, electronic mail, or anothe r format. Contractors Present law requires the state board for licensing contractors to include in its criteria for licensure an applicant's financial statement. This bill authorizes an applicant, whether for initial licensure or in conjunction with a request to increase the monetary limit on an existing license, to obtain a surety bond in an amount that is equal to at least 50% of the monetary limitation that is requested by the applicant in lieu of providing a financial statement. This bill removes authorization for the board to use revenues from licensing fees, penalties, or interest for the Go Build Tennessee Act so that all such monies may only be used for the administration and enforcement of laws pertaining to licensing contr actors. Present law generally requires that financial statements submitted by contractors be treated as confidential and used by the board only for the purposes of determining the qualifications of applicants for licenses and the monetary limitations. This bill authorizes the board to provide a bond, surety, or personal guaranty that is submitted to the board to a person requesting a copy of such document. This bill requires the board to provide any financial records submitted by an applicant or licensee to an y law enforcement agency, state or federal agency, or any other governmental agency having jurisdiction over an applicant or licensee upon request from such agency or by the board's own recommendation. This bill requires that all funds held by the state treasurer in the limited licensed electricians fund and the limited licensed plumbers fund must be deposited in the fund for the state board for licensing contractors, to be used for any lawful purpose of the board, and the separate funds for limited licensees no longer exist upon such transfers of funds. Real Estate Brokers This bill extends from three to four years the amount of time within which a licensee holding an original broker's license must obtain 120 hours of additional classroom hours in real estate in order to renew the license. This bill deletes the requirement that real estate offices be located to conform with zoning laws and ordinances. This bill deletes the requirement that a licensed broker's signage clearly state that the broker is engaged in the real estate business. This bill adds authorization for the Tennessee real estate commission to refuse, suspend, or revoke a license based on a conviction for a felony or misdemeanor related to homicide, assault, battery, force, or any other act of violence against persons or property. Present law requires persons licensed by the commission to report certain criminal convictions to the commission. This bill specifies that persons must also report a guilty plea for such offenses. Present law 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 a penalty and completion of 30 hours of continuing education. This bill authorizes reactivation under such terms when the person's license has been expired for more than one year, but less than two years. Polygraph Examiners This bill repeals the Polygraph Examiners Act and removes the polygraph examiner member of the detection services advisory committee, if the commissioner of commerce and insurance establishes such committee. Marinas Present law requires periodic safety inspections of marinas to check for unsafe electric conditions. If a deficiency is found during a safety inspection, any subsequent inspection that is required for the inspection of repairs that are made to address s uch deficiency must be conducted by a commissioned deputy electrical inspector. This removes the requirement that the follow up inspection be conducted by a commissioned deputy electrical inspector. Blasting Notices Present law requires the department of commerce and insurance to retain fines imposed and collected for failure to give required notice of blasting. The fines must be used to defray the cost of administering and enforcing the Tennessee Blasting Standard s Act and do not revert to the general fund. This bill deletes such requirement.