Zoning - As enacted, authorizes zoning consideration of temporary family healthcare structures; adds a requirement that, as part of the plan to expand cost-effective community-based residential alternatives to institutional care as required by the Long-Term Care Community Choices Act of 2008, the bureau of TennCare must seek written guidance from the centers for Medicare and Medicaid services regarding whether a temporary family healthcare structure may be covered in whole or in part under the program established by the Long-Term Care Community Choices Act of 2008. - Amends TCA Title 13; Title 68 and Title 71.
Companion bill has been assigned Public Chapter Number 992 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB2040Date
    Comp. became Pub. Ch. 99205/02/2016
    Sponsor(s) Added.04/18/2016
    Comp. SB subst.04/18/2016
    H. Placed on Regular Calendar for 4/18/201604/14/2016
    Placed on cal. Calendar & Rules Committee for 4/14/201604/13/2016
    Sponsor(s) Added.04/13/2016
    Rec. for pass; ref to Calendar & Rules Committee04/12/2016
    Placed on cal. Finance, Ways & Means Committee for 4/12/201604/12/2016
    Rec. for pass by s/c ref. to Finance, Ways & Means Committee04/12/2016
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/13/201604/06/2016
    Assigned to s/c Finance, Ways & Means Subcommittee04/06/2016
    Rec. for pass; ref to Finance, Ways & Means Committee04/05/2016
    Placed on cal. Local Government Committee for 4/6/201604/04/2016
    Rec. for pass. if am., ref. to Local Government Committee03/30/2016
    Placed on cal. Health Committee for 3/30/201603/23/2016
    Action def. in Health Committee to 3/30/201603/23/2016
    Placed on cal. Health Committee for 3/23/201603/16/2016
    Rec for pass if am by s/c ref. to Health Committee03/15/2016
    Placed on s/c cal Health Subcommittee for 3/15/201603/09/2016
    Action Def. in s/c Health Subcommittee to 3/15/201603/08/2016
    Placed on s/c cal Health Subcommittee for 3/8/201603/02/2016
    Action Def. in s/c Health Subcommittee to 3/8/201603/01/2016
    Placed on s/c cal Health Subcommittee for 3/1/201602/24/2016
    Assigned to s/c Health Subcommittee01/27/2016
    P2C, ref. to Health Committee--Local Government01/25/2016
    Intro., P1C.01/21/2016
    Filed for intro.01/20/2016
    Actions For SB2375Date
    Pub. Ch. 99205/02/2016
    Effective date(s) 07/01/201605/02/2016
    Signed by Governor.04/27/2016
    Transmitted to Governor for action.04/21/2016
    Signed by H. Speaker04/20/2016
    Signed by Senate Speaker04/20/2016
    Enrolled and ready for signatures04/19/2016
    Passed H., Ayes 93, Nays 0, PNV 004/18/2016
    Am. withdrawn. (Amendment 1 - HA1114)04/18/2016
    Subst. for comp. HB.04/18/2016
    Rcvd. from S., held on H. desk.04/14/2016
    Sponsor(s) Added.04/13/2016
    Engrossed; ready for transmission to House04/13/2016
    Passed Senate as amended, Ayes 32, Nays 004/13/2016
    Senate adopted Amendment (Amendment 1 - SA0981)04/13/2016
    Placed on Senate Regular Calendar calendar for 4/13/201604/11/2016
    Senate Reset on calendar for 4/13/201604/11/2016
    Placed on Senate Regular Calendar calendar for 4/11/201604/08/2016
    Senate Reset on calendar for 4/11/201604/07/2016
    Placed on Senate Regular Calendar calendar for 4/7/201604/05/2016
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 003/30/2016
    Placed on Senate State and Local Government Committee calendar for 3/30/201603/30/2016
    Action deferred in Senate State & Local Government Committee to 3/30/201603/29/2016
    Placed on Senate State and Local Government Committee calendar for 3/29/201603/23/2016
    Passed on Second Consideration, refer to Senate State and Local Government Committee01/25/2016
    Introduced, Passed on First Consideration01/21/2016
    Filed for introduction01/21/2016
  • AmendmentsFiscal Memos
    HA1114Amendment 1-1 to HB2040Fiscal Memo for HA1114 (14993)  
    AmendmentsFiscal Memos
    SA0981Amendment 1-1 to SB2375Fiscal Memo for SA0981 (14993)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB2040

  • Fiscal Summary

    Increase Local Revenue - Exceeds $1,500/Permissive


    Bill Summary

    This bill requires that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are:

    (1) For use by a caregiver in providing care for a mentally or physically impaired person; and
    (2) On property owned or occupied by the caregiver as their residence.

    Under this bill, temporary family healthcare structures will not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this bill. Temporary family healthcare structures must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one temporary family healthcare structure will be allowed on a lot or parcel of land.

    This bill requires any person proposing to install a temporary family healthcare structure to first obtain a permit from the local governing body, for which the local government may charge a fee of up to $100. The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this bill. The local government may require that the applicant provide evidence of compliance with this bill on an annual basis as long as the temporary family healthcare structure remains on the property. This evidence may involve the inspection by the locality of the temporary family healthcare structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

    A temporary family healthcare structure installed pursuant to this bill may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the department of health. No signage advertising or otherwise promoting the existence of the structure will be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property.

    Any temporary family healthcare structure installed pursuant to this bill must be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this bill. The local governing body, or planning commission on its behalf, may revoke the permit granted if the permit holder violates this bill. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this bill. This bill vests the planning commission with all necessary authority on behalf of the governing body of the locality to ensure compliance with this bill.

    For purposes of this bill:

    (1) "Caregiver" means an adult who provides care for a mentally or physically impaired person within this state, and who is related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for whom the adult is caring; and
    (2) "Temporary family healthcare structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that:
    (A) Is primarily assembled at a location other than its site of installation;
    (B) Is limited to one occupant who is the mentally or physically impaired person;
    (C) Has no more than 300 gross square feet; and
    (D) Complies with applicable provisions present law governing healthcare facilities and codes adopted by a county. Placing the temporary family healthcare structure on a permanent foundation will not be required or permitted.

    ON APRIL 13, 2016, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2375, AS AMENDED.

    AMENDMENT #1 redefines "temporary family healthcare structure" to mean a transportable healthcare environment that is specifically designed with environmental controls, biometric and other remote monitoring technology, sensors, and communication systems to support extended home-based medical care, rehabilitation, and the provision of home and community-based support and assistance for an older adult or person with a disability on the property where family members or unpaid caregivers who participate in the person's care reside. A temporary family healthcare structure:
    (A) Is primarily assembled at a location other than its site of installation;
    (B) Is limited to one occupant who shall be the older adult or person with a disability who requires extended home-based medical care, rehabilitation, or the provision of home and community-based support and assistance;
    (C) Meets the accessibility guidelines of the federal department of housing and urban development and the Americans with Disabilities Act;
    (D) Has no more than 500 gross square feet; and
    (E) Complies with applicable provisions applicable provisions present law governing healthcare facilities and codes adopted by a county. Placing the temporary family healthcare structure on a permanent foundation shall not be required or permitted.

    This amendment makes permissive this bill's requirement that zoning ordinances consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that meet the requirements of this bill.

    This amendment deletes this bill's prohibition against special use permits for temporary healthcare structures.

    This amendment authorizes local governments to fine property owners up to $50 per day for failure to remove a temporary family healthcare structure within 30 days after it is no longer needed.

    This amendment specifies that the local codes department or building inspector is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this bill's requirements concerning temporary family healthcare structures.

    This amendment adds a requirement that, as part of the plan to expand cost-effective community-based residential alternatives to institutional care as required by the Long-Term Care Community Choices Act of 2008, the bureau of TennCare must seek written guidance from the centers for Medicare and Medicaid services regarding whether a temporary family healthcare structure may be covered in whole or in part under the program established by the Long-Term Care Community Choices Act of 2008, and, if so, upon appropriation by the general assembly specifically to cover temporary family healthcare structures, seek federal approval of a waiver amendment to offer such benefit to eligible older adults and persons with disabilities who choose temporary family healthcare structures in lieu of care in other settings. Any waiver approved pursuant to the requirement added by this amendment will apply only to a person who:

    (1) Meets the CHOICES 2 activities of daily living criteria;
    (2) Meets present law financial eligibility requirements for medical assistance; and
    (3) Is either: a person with a developmental or intellectual disability who is related to the owner or occupier of the property, or an older adult who is related to the owner or occupier of the property.

  • FiscalNote for HB2040/SB2375 filed under HB2040
  • House Floor and Committee Votes

    House moved to substitute and conform to SB2375

    SB2375 by Bell - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/18/2016
    Passed
              Ayes...............................................93
              Noes................................................0

              Representatives voting aye were: Akbari, Alexander, Armstrong, Brooks H, Brooks K, Butt, Byrd, Calfee, Camper, Carr, Carter, Casada, Casada, Clemmons, Coley, Cooper, Daniel, DeBerry, Doss, Dunlap, Dunn, Durham, Eldridge, Faison, Farmer, Favors, Fitzhugh, Fitzhugh, Forgety, Goins, Gravitt, Halford, Hardaway, Harwell, Hawk, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Jenkins, Johnson, Johnson, Jones, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Love, Lynn, Marsh, Matlock, McCormick, McCormick, McDaniel, McDaniel, Miller, Mitchell, Moody, Parkinson, Pitts, Pody, Powell, Powers, Ragan, Ramsey, Reedy, Rogers, Sanderson, Sargent, Sexton C, Sexton J, Shaw, Shepard, Smith, Sparks, Spivey, Stewart, Swann, Terry, Todd, Towns, Travis, Turner, VanHuss, Weaver, White D, White M, Williams, Windle, Wirgau, Womick, Zachary, Mr. Speaker Harwell -- 93.

              HB2040 by Farmer - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/18/2016 4/14/2016
              Voice Vote - Ayes Prevail

              HB2040 by Farmer - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways & Means Committee 4/13/2016
              Voice Vote - Ayes Prevail

              HB2040 by Farmer - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/12/2016
              Voice Vote - Ayes Prevail

              HB2040 by Farmer - HOUSE LOCAL GOVERNMENT COMMITTEE:
    Rec. for pass; ref to Finance, Ways & Means Committee 4/6/2016
              Voice Vote - Ayes Prevail

              HB2040 by Farmer - HOUSE HEALTH COMMITTEE:
    Rec. for pass. if am., ref. to Local Government Committee 3/30/2016
              Voice Vote - Ayes Prevail

              HB2040 by Farmer - HOUSE HEATH SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Health Committee 3/15/2016
              Voice Vote - Ayes Prevail Rep(s). Clemmons requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB2375 by Bell - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/13/2016
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Massey, McNally, Niceley, Norris, Overbey, Ramsey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yager, Yarbro, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB2375 by Bell - SENATE STATE & LOCAL GOVERNMENT COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 0 3/30/2016
    Passed
              Ayes................................................7
              Noes................................................0

              Senators voting aye were: Briggs, Dickerson, Harper, Jackson, Johnson, Ketron, Yager -- 7.