Tourism - As enacted, enacts the "Tennessee Adventure Tourism and Rural Development Act of 2011." - Amends TCA Title 4; Title 5; Title 6; Title 11; Title 54; Title 55; Title 67; Title 68 and Title 70.
SB1205 has been assigned Public Chapter Number 383 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1205Date
    Pub. Ch. 383 06/03/2011
    Effective date(s) 06/01/1106/03/2011
    Signed by Governor.06/01/2011
    Transmitted to Gov. for action.05/27/2011
    Signed by H. Speaker05/26/2011
    Signed by S. Speaker05/25/2011
    Enrolled and ready for signatures05/25/2011
    S. concurred in H. am. 205/21/2011
    Placed on Senate Message Calendar 2 cal. for 5/21/201105/21/2011
    Passed H., as am., Ayes 83, Nays 0 05/21/2011
    H. adopted am.(Amendment 2 of 0 - HA0572)05/21/2011
    Am. withdrawn.(Amendment 1 - HA0220)05/21/2011
    Subst. for comp. HB.05/21/2011
    Rcvd. from S., held on H. desk.05/19/2011
    Engrossed; ready for transmission to House05/18/2011
    Sponsor(s) Added.05/18/2011
    Passed S. as am., Ayes 28, Nays 305/18/2011
    S. adopted am.(Amendment 2 of 0 - SA0271)05/18/2011
    Am. withdrawn.(Amendment 1 - SA0204)05/18/2011
    Placed on Senate Regular Calendar cal. for 5/18/201105/16/2011
    Rec. For Pass. ref. to: S. Cal. Comm.05/11/2011
    Placed on S. FW&M Comm. cal. for 5/11/201105/10/2011
    Action Def. in S. FW&M Comm. to 5/11/201105/10/2011
    Placed on S. FW&M Comm. cal. for 5/10/201105/04/2011
    Action def. in S. F,W&M Comm. to 5/10/1105/03/2011
    Placed on S. FW&M Comm. cal. for 5/3/201104/27/2011
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 7, Nays 1 PNV 104/20/2011
    Placed on S. E,C&T Comm. cal. for 4/20/201104/13/2011
    Action Def. in S. E,C&T Comm. to 4/20/201104/13/2011
    Placed on S. E,C&T Comm. cal. for 4/13/201104/07/2011
    Action Def. in S. E,C&T Comm. to 4/13/201104/06/2011
    Placed on S. E,C&T Comm. cal. for 4/6/201103/31/2011
    P2C, ref. to S. E,C&T Comm.02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
    Actions For HB1278Date
    Comp. became Pub. Ch. 38306/03/2011
    Comp. SB subst.05/21/2011
    Sponsor(s) Added.05/21/2011
    Sponsor(s) Added.05/20/2011
    H. Placed on Regular Calendar 3 for 5/20/201105/20/2011
    Placed on cal. Calendar & Rules Committee for 5/19/201105/20/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee05/19/2011
    Placed on cal. Finance, Ways & Means Committee for 5/19/201105/19/2011
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 05/19/2011
    Sponsor(s) Added.05/19/2011
    Placed on s/c cal Finance Subcommittee for 5/19/201105/19/2011
    Placed Behind the Budget 05/18/2011
    Sponsor(s) Added.05/18/2011
    Placed on s/c cal Finance Subcommittee for 5/18/201105/17/2011
    Action Def. in s/c Finance Subcommittee to 5/18/201105/17/2011
    Placed on s/c cal Finance Subcommittee for 5/17/201105/12/2011
    Placed on s/c cal Finance Subcommittee for 5/12/201105/11/2011
    Assigned to s/c Finance Subcommittee05/11/2011
    Rec. For Pass. ref. to: Finance, Ways & Means Committee05/11/2011
    Placed on cal. Government Operations Committee for 5/11/201105/04/2011
    Action Def. in Government Operations Committee to 5/11/201105/04/2011
    Placed on cal. Government Operations Committee for 5/4/201104/28/2011
    Re-ref. to Government Operations Committee 04/28/2011
    Action Def. in s/c Finance Subcommittee 04/27/2011
    Sponsor(s) Added.04/25/2011
    Placed on s/c cal Finance Subcommittee for 4/27/201104/20/2011
    Action Def. in s/c Finance Subcommittee to 4/27/201104/20/2011
    Placed on s/c cal Finance Subcommittee for 4/20/201104/13/2011
    Assigned to s/c Finance Subcommittee04/13/2011
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee04/13/2011
    Placed on cal. Conservation & Environment Committee for 4/13/201104/06/2011
    Rec. For Pass. by s/c ref. to Conservation & Environment Committee 04/05/2011
    Placed on s/c cal Conservation Subcommittee for 4/5/201103/30/2011
    Action Def. in s/c Conservation Subcommittee to 4/5/201103/29/2011
    Placed on s/c cal Conservation Subcommittee for 3/29/201103/23/2011
    Assigned to s/c General Sub of Conservation03/01/2011
    P2C, ref. to Conservation & Environment Committee02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
  • AmendmentsFiscal Memos
    SA0204Amendment 1-1 to SB1205 
    SA0271Amendment 2-2 to SB1205Fiscal Memo for SA0271 (6716)  
    AmendmentsFiscal Memos
    HA0220Amendment 1-1 to HB1278Fiscal Memo for HA0220 (6256)  Fiscal Memo for HA0220 (6256)  Fiscal Memo for HA0220 (6256)  
    HA0572Amendment 2-1 to HB1278Fiscal Memo for HA0572 (8395)  

    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: SB1205

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill directs the department of tourist development, in cooperation with the department of environment and conservation and the department of economic and community development, to study and develop a plan for the promotion and development of adventure tourism and other recreational and economic development activities in rural areas of this state. Such study and plan must be developed within existing departmental resources. The plan must identify those areas of the state where those activities currently exist and could easily be developed and should include recommendations on whether and to what extent existing laws should be amended in order to encourage development of adventure tourism in this state. "Adventure tourism" means outdoor recreational opportunities such as equine and motorized trail riding, white-water rafting and kayaking, rappelling, rock climbing, hang-gliding, spelunking and other such activities.

    The department of tourist development, prior to February 1, 2012, must identify geographic regions of the state where promotion and development of adventure tourism is suitable. The department must identify for each area the appropriate types of recreational activities suitable to the region and recommend rules and regulations to apply within appropriately designated adventure tourism districts. When the department has identified suitable areas of the state for the promotion of adventure tourism, a local governing body, may, by a two-thirds vote of its governing body, authorize the creation of a district within the boundaries of such governing body as an adventure tourism district. Alternatively, one or more counties or one or more municipalities may enter into an intergovernmental agreement to designate jointly an adventure tourism district that contains an area within the boundaries of more than one local government.

    This bill authorizes the operation of an off-highway vehicle upon any streets, roads or highways designated for such purpose and included within the boundaries of an adventure tourism district established pursuant to this bill.

    This bill authorizes the department of tourist development and the department of economic and community development to work together to provide assistance as deemed appropriate by the departments to encourage the development of adventure tourism within those regions of the state designated as suitable for such activities and where persistent high unemployment exists.

    ON MAY 18, 2011, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 1205, AS AMENDED.

    AMENDMENT #2 adds the following as adventure tourism activities: shooting sports; road biking; mountain biking; canoeing; paragliding, zip lining and the exploration of trails and natural areas by use of four wheel drive motorized vehicles. Under this amendment, instead of the department identifying adventure tourism areas prior to local governing bodies being authorized to create adventure tourism districts within their boundaries, local governments will be authorized to authorize the creation of an adventure tourism district within their boundaries upon two-thirds vote of the local governing body. Once a local governing body, or group of local governing bodies, authorizes the creation of an adventure tourism district, a district plan must be submitted to the department of environment and conservation (TDEC) and the department of revenue for joint approval. Such approval would be granted if the commissioner of economic and community development and the commissioner of revenue determine that the allocation of franchise and excise tax credits are in the best interest of the state. "Best interests of the state" means a determination by the commissioner of revenue, with approval by the commissioner of economic and community development, that:

    (1) The qualified business enterprise made within or adjacent to an adventure tourism district is a result of the special allocation and tax credits provided for in the bill; and
    (2) The adventure tourism district is a result of such qualified business enterprise.

    If the adventure tourism district plan is approved, the local governing body will be authorized to submit the plan to the department of economic and community development and the department of revenue for approval of tax credits and to the department of tourist development for promotional support through the use of the department's existing resources.

    This amendment extends immunity from civil liability from damages made by participants in adventure tourism activities for adventure tourism businesses that are located in an adventure tourism district, if the businesses post a notice warning of the inherent dangers of adventure tourism activities.

    This amendment requires each adventure tourism professional or business to maintain liability insurance with limits of at least $1 million per occurrence.

    This amendment grants immunity from civil liability to any adventure tourism professional or business engaged in business within an adventure tourism district from damages arising from any injury caused by the professional's or business's action or inaction, if the professional or business maintains liability insurance with limits of at least $1 million per occurrence and posts a notice warning of the inherent dangers of adventure tourism activities as detailed in the amendment. This immunity would not apply if the adventure tourism professional or business acts intentionally or with gross negligence. This immunity would not prevent the maintenance of an action against an adventure tourism professional or business for other causes of injury or death, including design construction or operation maintenance.

    This amendment specifies that no action may be maintained against an adventure tourism professional or business that maintains liability insurance with limits of at least $1 million per occurrence and posts a notice warning as described above, unless the action is commenced within one year from the time of injury. As a condition precedent to an action, the adventure tourism professional or business must be notified by registered mail within 90 days of the occurrence of the act or omission that is alleged to have caused the injury, unless the court finds under the circumstances of the particular case that the adventure tourism professional or business or any of its employees either had actual knowledge of the injury or had a reasonable opportunity to learn of the injury within the 90-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of the injury within the period. In any case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within the 90-day period is alleged by a adventure tourism professional or business, the burden of proof would be on the operator to show that it was substantially prejudiced by the lack of written notice, actual knowledge or opportunity to obtain knowledge.

    This amendment authorizes a tax credit of up to $4,500 per year for three years for the creation of an adventure tourism job. The credit will apply to an adventure tourism business' franchise tax liability. Any unused credit will not carry forward into subsequent tax years.

    Under the bill, an all-terrain vehicle may be operated or driven upon any streets, roads, or highways designated for such purpose and included within the boundaries of an adventure tourism district. This amendment specifies that an all-terrain vehicle may only be operated or driven within such adventure tourism district, if such all-terrain vehicle complies with the following:

    (1) The governing body of any municipality or metropolitan government may regulate by ordinance the operation of any all-terrain vehicle crossing of a street, road or highway solely under the municipality's jurisdiction, as long as such municipality provides written notification to the department of safety prior to the effective date of the ordinance and posts appropriate signage designating such all-terrain vehicle crossing on such street, road or highway;
    (2) The governing body of any county may by resolution regulate the operation of all-terrain vehicles on any street, road or highway solely under the county's jurisdiction, as long as such county provides written notification to the department of safety prior to such resolution becoming effective and posts appropriate signage designating such street, road or highway for all-terrain vehicle use;
    (2) An all-terrain vehicle is specifically restricted to only between a half hour after sunrise and a half hour before sunset, and the headlight and taillight must be illuminated during such operation;
    (3) The operator and all passengers of an all-terrain vehicle must wear a helmet while driving or operating such vehicle on a street, road or highway;
    (4) Any additional safety requirements imposed by the local governing body for all-terrain vehicle operation on street, roads or highways in such municipality, metropolitan government or county; and
    (5) No all-terrain vehicles may be operated on any state highway or any highway that is a part of the interstate and defense highway system.

    However, operation of the following all-terrain vehicles would be exempt from the above (1) - (5):

    (1) All-terrain vehicles operated for agricultural purposes; and
    (2) Publicly-owned and operated all-terrain vehicles that are used for management, law enforcement, emergency services and other such purposes.

    ON MAY 21, 2011, THE HOUSE SUBSTITUTED SENATE BILL 1205 FOR HOUSE BILL 1278, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 1205, AS AMENDED.

    AMENDMENT #2 makes the following changes to the bill:
    (1) (A) Under the bill, any adventure tourism professional or business engaged in business within an adventure tourism district is granted immunity from civil liability from damages arising from any injury caused by the professional's or business's action or inaction, if the professional or business maintains liability insurance with limits of at least $1 million per occurrence and posts a notice warning of the inherent dangers of adventure tourism activities as detailed in the amendment. This immunity does not apply if the adventure tourism professional or business acts intentionally or with gross negligence. This immunity does not prevent the maintenance of an action against an adventure tourism professional or business for other causes of injury or death, including design construction or operation maintenance;
    (B) This amendment rewrites the provisions in (1)(A) to instead specify that no action would lie against any adventure tourism professional or business by any adventure tourism activity participant or representative of an adventure tourism activity participant, unless an adventure tourism professional or business acts intentionally or with gross negligence or is in violation of the bill, or any other laws, ordinances, resolutions, rules or regulations pertaining to adventure tourism and such intentional or grossly negligent act or omission or violation is causal of the injury complained of. However, this prohibition would not prevent the maintenance of an action against an adventure tourism professional or business for negligent design construction or operation maintenance;
    (2) Under the bill, each adventure tourism professional or business may post and maintain signs that contain a notice warning that an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to the bill. This amendment requires, instead of authorizes, each adventure tourism professional or business to post such notice;
    (3) (A) Under the bill, as a condition precedent to an action against an adventure tourism professional or business, the adventure tourism professional or business must be notified by registered mail within 90 days of the occurrence of the act or omission that is alleged to have caused the injury, unless the court finds under the circumstances of the particular case that the adventure tourism professional or business or any of its employees either had actual knowledge of the injury or had a reasonable opportunity to learn of the injury within the 90-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of the injury within the period. In any case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within the 90-day period is alleged by an adventure tourism professional or business, the burden of proof would be on the operator to show that it was substantially prejudiced by the lack of written notice, actual knowledge or opportunity to obtain knowledge;
    (B) This amendment removes the provisions in (3)(A);
    (4) Under the bill, an all-terrain vehicle may be operated or driven upon any streets, roads, or highways designated for such purpose and included within the boundaries of an adventure tourism district, if such all-terrain vehicle complies with the provisions described in the above summary in (1) - (5). This amendment specifies that an all-terrain vehicle may be operated or driven upon any such "unpaved" street, road, or highway. Additionally, this amendment specifies that such streets, roads, or highways would be designated by the local governing body for such purpose "by a 2/3 vote"; and
    (5) This amendment revises the definition of "all-terrain vehicle."

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB1278

    SB1205 by Yager - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/21/2011
    Passed
              Ayes...............................................83
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Curtiss, Dean, DeBerry L, Dennis, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harwell, Hawk, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 83.

              HB1278 by Matheny - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 3 5/20/2011
              Voice Vote - Ayes Prevail

              HB1278 by Matheny - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 5/19/2011
              Voice Vote - Ayes Prevail

              HB1278 by Matheny - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/19/2011
              Voice Vote - Ayes Prevail

              HB1278 by Matheny - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/11/2011
              Voice Vote - Ayes Prevail

              HB1278 by Matheny - HOUSE CIVIL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/13/2011
              Voice Vote - Ayes Prevail

              HB1278 by Matheny - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Conservation & Environment Committee 4/5/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB1205 by Yager - FLOOR VOTE: CONCUR IN HOUSE AMEND# 2 5/21/2011
    Passed
              Ayes...............................................30
              Noes................................................1

              Senators voting aye were: Barnes, Beavers, Bell, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 30.
              Senators voting no were: Berke -- 1.

    SB1205 by Yager - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/18/2011
    Passed
              Ayes...............................................28
              Noes................................................3

              Senators voting aye were: Barnes, Beavers, Bell, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Johnson, Kelsey, Ketron, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Berke, Henry, Herron -- 3.

              SB1205 by Yager - FLOOR VOTE: MOTION TO ADOPT AMEND# 2 BY Southerland 5/18/2011
              VOICE VOTE: Failed

    SB1205 by Yager - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 5/11/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Finney L, Haynes, Kelsey, Ketron, Kyle, McNally, Norris, Watson, Woodson, Mr. Speaker McNally -- 9.

    SB1205 by Yager - SENATE ENERGY, AGRICULTURE AND NATURAL RESOURCES COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 4/20/2011
    Passed
              Ayes................................................7
              Noes................................................1

              Senators voting aye were: Bell, Faulk, Johnson, Marrero, Roberts, Southerland, Summerville -- 7.
              Senators voting no were: Herron -- 1.