Motor Vehicles

Plain English Breakdown

The official source does not provide information on the removal of requirements for traffic studies and enclosed vehicles unless there's a safety issue, so this claim was removed.

Rules for Entertainment Transportation in Tennessee

This bill changes rules about permits and partnerships for entertainment transportation vehicles like tour buses or amusement rides.

What This Bill Does

• Changes when a government can refuse to renew a permit for businesses that provide entertainment transportation if the initial permit was issued before May 1, 2024.
• Prevents governments from denying the transfer of permits between different businesses under certain conditions.
• Prohibits governments from stopping partnerships between businesses with valid permits under specific circumstances.
• Does not allow governments to create noise rules that treat entertainment vehicles differently than other commercial properties in tourist areas.
• Removes requirements for traffic studies and enclosed vehicles unless there's a safety issue.

Who It Names or Affects

• Businesses providing entertainment transportation services
• Government entities regulating these businesses

Terms To Know

entertainment transportation

Services like tour buses, amusement rides, and other vehicles used for fun or sightseeing.

permit

A document from the government that allows a business to operate legally.

Limits and Unknowns

• The bill does not specify what happens if a permit is unused for six months.
• It's unclear how this will affect existing noise ordinances in tourist areas.
• This bill was withdrawn and its current status is unknown.

Official Summary Text

Present law prohibits a governmental entity that regulates entertainment transportation from refusing to renew a permit to a business that provides entertainment transportation if the governmental entity issued the permit to the business prior to May 1,
2024. This bill revises this prohibition by, instead, applying it if
the governmental entity issued the initial permit to a business to provide entertainment transportation
.

This bill also prohibits a governmental entity that regulates entertainment transportation from taking any of the following actions:



Denying
the transfer of a permit or any other regulatory credentials issued by the governmental entity for purposes of operating an entertainment transportation vehicle from one business that provides entertainment transportation to another
(i) if the business
receiving the permit or regulatory credentials demonstrates the ability to operate an entertainment transportation vehicle that is qualified under state law or local ordinance, resolution, rule, or regulation to operate in the jurisdiction of the governmental entity for which it was issued
; and (ii) if
notice of the transfer is provided to the permitting authority designated by the governmental entity
.



Prohibiting
the holder of a permit or any other regulatory credentials issued by a governmental entity for the purposes of operating an entertainment transportation vehicle from entering into a partnership with another business
if (i)
all parties are otherwise qualified under state law or local ordinance, resolution, rule, or regulation to operate in the jurisdiction of the governmental entity for which it was issued
; and (ii)
notice of the partnership is provided to the permitting authority designated by the governmental entity
.



Establishing
noise ordinances for entertainment transportation vehicles that create different maximum allowable decibel limits from other commercial property within a commercial zoning area designed for tourism activity
.



Requiring
entertainment transportation vehicles to be enclosed if all other safety requirements established by state law or local ordinance, resolution, rule, or regulation are met.

Current Bill Text

SENATE BILL 2474
By Bailey

HOUSE BILL 2362
By Hawk
HB2362
012310
- 1 -

AN ACT to amend Tennessee Code Annotated, Section 7-
51-1008, relative to entertainment transportation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 7-51-1008, is amended by deleting
the section and substituting:
(a) Notwithstanding this part to the contrary, a governmental entity that regulates
entertainment transportation pursuant to this part shall not:
(1) Refuse to renew a permit to a business that provides entertainment
transportation if the governmental entity issued the initial permit to a business to
provide entertainment transportation;
(2) Revoke a permit issued to a business that provides entertainment
transportation except for good cause shown in an administrative hearing;
(3) Deny the transfer of a permit or any other regulatory credentials
issued by the governmental entity for purposes of operating an entertainment
transportation vehicle from one business that provides entertainment
transportation to another:
(A) If the business receiving the permit or regulatory credentials
demonstrates the ability to operate an entertainment transportation
vehicle that is qualified under state law or local ordinance, resolution, rule,
or regulation to operate in the jurisdiction of the governmental entity for
which it was issued; and
(B) If notice of the transfer is provided to the permitting authority
designated by the governmental entity;

- 2 - 012310

(4) Prohibit the holder of a permit or any other regulatory credentials
issued by a governmental entity for the purposes of operating an entertainment
transportation vehicle from entering into a partnership with another business:
(A) If all parties are otherwise qualified under state law or local
ordinance, resolution, rule, or regulation to operate in the jurisdiction of
the governmental entity for which it was issued; and
(B) If notice of the partnership is provided to the permitting
authority designated by the governmental entity;
(5) Establish noise ordinances for entertainment transportation vehicles
that create different maximum allowable decibel limits from other commercial
property within a commercial zoning area designed for tourism activity;
(6) Require an applicant for permit or other regulatory credentials to
submit a traffic study as a condition of approval; or
(7) Require entertainment transportation vehicles to be enclosed if all
other safety requirements established by state law or local ordinance, resolution,
rule, or regulation are met.
(b) As used in this section, "good cause":
(1) Means a repeated, material violation of a state law or a local
ordinance, resolution, rule, or regulation governing the permit, which may be
demonstrated by a knowing failure or refusal to comply with such law, ordinance,
resolution, rule, or regulation; and
(2) Includes the disuse or dormancy of a permit for a period of six (6)
months or longer prior to the governmental entity taking action to revoke the
permit; provided, that the start date for calculating a six-month period of disuse or
dormancy begins on or after May 1, 2024.

- 3 - 012310

SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.