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SENATE BILL 2224
By Johnson
HOUSE BILL 2530
By Lamberth
HB2530
012417
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 29, Part 2; Title 20, Chapter 9, Part 6;
Title 55, Chapter 17, Part 1; Title 62, Chapter 13;
Title 62, Chapter 18; Title 62, Chapter 2; Title 62,
Chapter 20; Title 62, Chapter 27; Title 62, Chapter
35; Title 62, Chapter 4; Title 62, Chapter 6; Title
62, Chapter 76; Title 68, Chapter 102 and Title 68,
Chapter 105, relative to professions regulated by
the department of commerce and insurance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-29-248(a), is amended by deleting
subdivision (43).
SECTION 2. Tennessee Code Annotated, Section 20-9-606(a), is amended by deleting
the subsection and substituting:
(a) All complaints must be in writing, signed by the person making the complaint,
and addressed to the commissioner. All complaints must contain the name and address
of the person against whom the complaint is brought and a description of the conduct
giving rise to the complaint. Complaints must be submitted within ninety (90) days of the
conduct complained about, and a copy must be provided to the licensed court reporter.
The copy may be sent by electronic mail or by such other means of delivery to ensure
that the licensed court reporter charged in the complaint receives actual notice. After
investigation of the charges, the commissioner shall determine if a hearing is warranted,
dismiss the complaint, or take other action the commissioner deems appropriate. Any
hearing deemed warranted must be conducted in accordance with the contested cases
provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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SECTION 3. Tennessee Code Annotated, Section 55-17-103(b), is amended by
deleting the subsection and substituting:
(b) Each of the members of the commission must, at the time of appointment, be
a resident of this state and be of good moral character. Industry members must have
been actually engaged in the manufacture, distribution, or sale of motor vehicles in this
state for at least five (5) consecutive years preceding the appointment, and each must
have the necessary qualifications for the applicable license under this part, and be the
holder of such license at all times while a member of the commission. Being engaged in
more than one (1) licensed activity does not disqualify a person from serving as an
industry member of the commission.
SECTION 4. Tennessee Code Annotated, Section 55-17-106, is amended by deleting
subsection (b).
SECTION 5. Tennessee Code Annotated, Section 62-2-101, is amended by deleting the
section and substituting:
In order to safeguard life, health, and property and to promote public welfare, by
requiring that only properly qualified persons may practice architecture, engineering,
land surveying, and landscape architecture, any person practicing architecture,
engineering, land surveying, or landscape architecture must be registered as provided in
this chapter and chapter 18, part 1 of this title, as appropriate, and it is unlawful for a
person to practice or offer to practice architecture, engineering, land surveying, or
landscape architecture unless the person has been duly registered under this chapter
and chapter 18, part 1 of this title, as appropriate, except as otherwise provided.
SECTION 6. Tennessee Code Annotated, Section 62-2-105, is amended by deleting the
section and substituting:
(a)
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(1) A person shall not:
(A) Present or attempt to file as the person's own the certificate of
registration of another;
(B) Give forged or willfully false evidence of any kind to the state
board of examiners for architects, engineers, and land surveyors or any
member of the board for the purpose of obtaining a certificate;
(C) Falsely impersonate any other practitioner; or
(D) Use or attempt to use an expired or revoked certificate of
registration.
(2) A violation of subdivision (a)(1) is a Class B misdemeanor.
(b)
(1) A person shall not practice or offer to practice engineering,
architecture, land surveying, or landscape architecture in this state in violation of
this chapter.
(2) A violation of subdivision (b)(1) is a Class B misdemeanor.
(3) Each day's violation of subdivision (b)(1) is a separate offense.
(c) A person is construed to practice or offer to practice engineering,
architecture, land surveying, or landscape architecture who, by verbal claim, sign,
advertisement, letterhead, card, or in any other way, represents that person to be an
architect, engineer, land surveyor, or landscape architect, with or without qualifying
adjective, or through the use of some other title implies that the person is an architect,
engineer, land surveyor, or landscape architect.
(d) It is the duty of the members of the board to report any violations of this
chapter to the proper authorities.
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SECTION 7. Tennessee Code Annotated, Section 62-2-106, is amended by deleting the
section and substituting:
(a) It is the duty of the state board of examiners for architects, engineers, and
land surveyors to inquire into the identity of a person claiming to be an architect,
engineer, land surveyor, or landscape architect and to prosecute any person violating
this chapter.
(b) The board may, when it deems appropriate, seek civil remedies at law or
equity to restrain or enjoin any unauthorized practice or other violation of this chapter or
chapter 18, part 1 of this title.
SECTION 8. Tennessee Code Annotated, Section 62-2-201, is amended by deleting the
section and substituting:
(a)
(1) There is created a state board of examiners for architects, engineers,
and land surveyors called the board in this part, parts 1 and 3-8 of this chapter,
and chapter 18, part 1 of this title.
(2) The board consists of eleven (11) members as follows:
(A) Ten (10) professional members to be appointed by the
governor; three (3) of whom are registered architects who may be
appointed from lists of qualified persons submitted by interested architect
groups, including, but not limited to, the representative professional
architects of this state; three (3) of whom are registered engineers who
may be appointed from lists of qualified persons submitted by interested
engineering groups, including, but not limited to, the representative
professional engineering society of this state; three (3) of whom are
registered land surveyors who may be appointed from lists of qualified
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persons submitted by interested land surveyor groups, including, but not
limited to, the Tennessee association of professional surveyors; and one
(1) of whom is a registered landscape architect who may be appointed
from lists of qualified persons submitted by interested landscape architect
groups, including, but not limited to, the representative professional
landscape architecture society of this state. The governor shall consult
with interested statewide architect, engineering, land surveying, and
landscape architect groups, including, but not limited to, the professional
societies listed in this subdivision (a)(2)(A) to determine qualified persons
to fill the positions;
(B) One (1) member to be appointed by the governor who is not
engaged in the practice of architecture, engineering, land surveying, or
landscape architecture and who is a resident of this state and possesses
good moral character. Except as provided in § 62-2-302 and § 62-18-
112, the member appointed pursuant to this subdivision (a)(2)(B) is a
participating member of the board in all board matters; and
(C) The members serving on the board of architects and
engineers as of June 30, 2026 shall serve the remainder of their terms.
(3) In the event of a vacancy on the board for any reason and the
governor failing to appoint a successor within three (3) months after the vacancy
occurs, the board may fill the vacancy from the lists of qualified persons
submitted by the interested groups, including, but not limited to, the respective
societies, until the governor makes an appointment as provided in subdivision
(a)(2).
(4)
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(A) The governor shall appoint one (1) architect member from
each grand division of this state to serve for a term of four (4) years.
(B) The governor shall appoint one (1) engineer member from
each grand division of this state to serve for a term of four (4) years.
(C) The governor shall appoint one (1) land surveyor member
from each grand division of this state to serve for a term of four (4) years,
except for the initial three (3) land surveyors appointed to the board, who
must be appointed to staggered terms as follows:
(i) One (1) for a term of two (2) years;
(ii) One (1) for a term of three (3) years; and
(iii) One (1) for a term of four (4) years.
(D) The successor to any architect, engineer, or land surveyor
member must be appointed from the same grand division as that
member.
(E) The governor shall appoint the member who is a landscape
architect to serve for a term of four (4) years. The successor of that
member must be appointed from a different grand division than the
member's predecessor.
(F) The governor shall appoint the public member required by
subdivision (a)(2)(B) to serve a term of four (4) years.
(5) Appointments to the board must be in such manner that the terms of
members in the same profession expire at different times.
(6) Terms of office begin on July 1 of the year of appointment, except
that successors may, at any time, qualify and serve for the remainder of the
given term.
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(b)
(1) In addition to members serving on the board under the authority of
subsection (a), the board also includes three (3) registered engineers as
associate members, who may be appointed by the governor from lists of qualified
persons submitted by interested engineering groups, including, but not limited to,
the representative professional engineering society of this state. The governor
shall consult with such interested engineering groups to determine qualified
persons to fill the positions.
(2) An associate engineer member is appointed from each grand division
of the state, to serve for a term of four (4) years. The successor of any associate
engineer member must be appointed from the grand division of the member.
(3) Appointments to the board under this subsection (b) must be in a
manner that the terms of the associate engineer members expire at different
times.
(4) Terms of office begin on July 1 of the year of appointment, except
that successors may, at any time, qualify and serve for the remainder of the
given term.
(5) Associate engineer board members appointed under this subsection
(b) are subject to § 62-2-202.
(6) Associate engineer members approved under this subsection (b)
shall assist the board with routine matters and responsibilities as requested by
the board. Associate engineer members shall attend board meetings, committee
meetings, and other board functions only as required by the board. The
associate engineer members have no voting privileges and are not to be
considered as members for quorum or election purposes.
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(7) Associate engineer members shall render technical assistance to the
board and staff as authorized by the board.
SECTION 9. Tennessee Code Annotated, Section 62-2-202(a), is amended by deleting
the subsection and substituting:
(a) Each of the members of the board appointed under § 62-2-201(a) must
possess at least ten (10) years' experience in their respective practices as either a
registered architect, a registered engineer, a registered land surveyor, or a registered
landscape architect, as applicable, with no record of any formal disciplinary action. Such
members must each have been in responsible charge of work for at least five (5) years,
and must each have demonstrated an interest in improving the profession by their
involvement in a statewide association directly related to their profession for at least five
(5) years. Each member must be a citizen of the United States and must have been a
resident of this state for five (5) years at the time of their appointment.
SECTION 10. Tennessee Code Annotated, Section 62-2-203, is amended by deleting
the section and substituting:
(a) Each member appointed under § 62-2-201(a) must receive a letter of
appointment from the governor, and a person is not eligible for appointment who does
not, at such the time, hold an unexpired certificate to practice architecture, engineering,
land surveying, or landscape architecture issued under this chapter or other applicable
law. Before beginning a term of office, each appointed member must file the oath of
office with the secretary of state.
(b) The board or any committee of the board shall utilize the services of an
assistant attorney general in connection with the affairs of the board, and the board shall
compel the attendance of witnesses on behalf of the state or any party having issue
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before the board, shall administer oaths, and shall take testimony concerning all matters
within its jurisdiction.
(c) The board shall adopt and have an official seal, which must be affixed to all
certificates of registration granted, and shall make all bylaws and rules consistent with
the law.
(d) The board may establish continuing professional education requirements for
architects, engineers, land surveyors, and landscape architects. Any rules promulgated
relative to such continuing professional education requirements under this subsection (d)
must be promulgated in compliance with the Uniform Administrative Procedures Act,
compiled in title 4, chapter 5.
SECTION 11. Tennessee Code Annotated, Section 62-2-204(c), is amended by
deleting the subsection and substituting:
(c) A quorum of the board must consist of at least six (6) members. For the
purpose of formal disciplinary matters involving an architect, engineer, land surveyor, or
landscape architect, at least one (1) board member from the respective profession must
be present as part of the six-member quorum.
SECTION 12. Tennessee Code Annotated, Section 62-2-206, is amended by deleting
the language "three (3) board members" and substituting "four (4) board members".
SECTION 13. Tennessee Code Annotated, Title 62, Chapter 2, Part 2, is amended by
adding the following as a new section:
62-2-208. Funds.
(a) All moneys collected pursuant to this chapter and chapter 18, part 1 of this
title must be deposited in the state treasury in a separate account for the board and for
the administration of this chapter and chapter 18, part 1, which is governed by § 56-1-
310.
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(b) Notwithstanding subsection (a), disbursements from the account may be
made for the purpose of defraying expenses incurred in the implementation and
enforcement of this chapter and chapter 18, part 1.
SECTION 14. Tennessee Code Annotated, Section 62-2-301, is amended by deleting
the section and substituting:
(a) The board shall, upon application for a certificate of registration, on the
prescribed form and the payment by the applicant of a fee as prescribed by the board,
consider the application, and, in proper cases, issue a certificate of registration, either as
an architect, engineer, land surveyor, or landscape architect, to a person who submits
evidence satisfactory to the board that the person is fully qualified to practice
architecture, engineering, land surveying, or landscape architecture.
(b) A person must not be granted any combination of licenses as an architect,
engineer, land surveyor pursuant to chapter 18, part 1 of this title, or landscape architect
unless the person makes a separate application and pays a separate fee for each
profession, both the original fee and the annual renewal fee, and is found by the board to
be qualified for a license in each profession.
SECTION 15. Tennessee Code Annotated, Section 62-2-302, is amended by deleting
the section and substituting:
(a)
(1) In determining the qualifications of applicants for registration as
architects, the executive director of the board may assign the application to two
(2) or more of the architect members to review individually. If two (2) reviewing
members approve the application and full board review is not otherwise required
by this subdivision (a)(1), the application is approved. If any reviewing member
requests full board review, or if the executive director determines that the level of
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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 architect members.
(2) In determining the qualifications of applicants for registration as
engineers, the executive director of the board may assign the application to two
(2) or more of the engineer members, or associate engineer members, to review
individually. If two (2) reviewing members approve the application and full board
review is not otherwise required by this subdivision (a)(2), 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 requires a full
review, the application must be reviewed at a board meeting and approval only
requires the affirmative vote of a majority of the engineer members.
(3) In determining the qualifications of applicants for registration as a
landscape architect, the executive director of the board may assign the
application to the one (1) landscape architect board member and at least one (1)
architect or one (1) engineer board member. If the two (2) reviewing members
approve the application and full board review is not otherwise required by this
subdivision (a)(3), 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 requires a full board review, the application must be
reviewed at a board meeting and approval only requires the affirmative vote from
the one (1) landscape architect member and a majority of the voting architect and
engineer members; provided, however, that at least one (1) architect or one (1)
engineer member vote is required for approval.
(b)
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(1) Applicants for registration as architects must be examined by
architect members of the board only; applicants for registration as engineers
must be examined by the engineer members of the board only; and applicants for
registration as land surveyors must be examined by land surveying members of
the board only.
(2) Applicants for registration as landscape architects must be examined
by the landscape architect member and one (1) architect or one (1) engineer
member of the board.
(c) If the board denies issuance of a certificate to an applicant, a refund of any
part of the application fee must not be returned to the applicant.
(d) For purposes of this section, the public member of the board appointed under
the authority of § 62-2-201(b) is not a voting member of the board.
SECTION 16. Tennessee Code Annotated, Section 62-2-304(a), is amended by
deleting the language "registered interior designer" and substituting "land surveyor,".
SECTION 17. Tennessee Code Annotated, Section 62-2-307, is amended by deleting
the section and substituting:
(a) Certificates of registration expire two (2) years following the date of issuance
or renewal and are invalid on that date unless renewed.
(b) It is the duty of the board to notify every person registered under this chapter
of the date of the expiration of that person's certificate and the amount of the fee
required for its two-year renewal. The notice must be sent at least one (1) month in
advance of the date of the expiration of the certificate. Notice may be sent by electronic
mail if the licensee maintains an electronic mailing address on file with the board.
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(c) Renewal may be affected at any time during the thirty (30) days preceding
the certificate expiration date by the payment of the renewal fee determined by and
payable to the board.
(d) Certificates of registration are subject to late renewal for six (6) months
following their expiration date by payment of the renewal fee plus a penalty as set by the
board for each month or fraction of a month that elapses before payment is tendered.
(e) A person who renews a certificate later than six (6) months after its expiration
date must reapply for certification. The board may, in its discretion, waive any further
examination of the applicant and any further education and experience beyond that
obtained at the time of the applicant's original registration in this state.
(f) Notwithstanding this chapter to the contrary, the board may establish, by rule,
procedures and criteria pursuant to which persons who are retired may continue to use
the titles of "architect," "engineer," or "landscape architect" without the payment of a
registration renewal fee.
SECTION 18. Tennessee Code Annotated, Section 62-2-308, is amended by deleting
the section and substituting:
(a)
(1) The board may refuse to issue or renew, and may revoke or suspend,
the certificate of registration of any architect, engineer, land surveyor, or
landscape architect registered under this chapter who is convicted, placed on
pretrial probation, found liable, or found to have committed the following:
(A) Fraud or deceit in obtaining a certificate of registration;
(B) Gross negligence, incompetency, or misconduct in the
practice of architecture, engineering, land surveying, or landscape
architecture;
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(C) Failure to obtain, keep, and utilize the registrant's seal as
provided in this chapter;
(D) Breach of contract for professional services as ruled by a
court of competent jurisdiction;
(E) Any violation of the rules adopted by the board;
(F) An act that resulted in the suspension or revocation of the
person's right to practice architecture, engineering, or landscape
architecture by another state or national registration board; or
(G) Any felony as ruled by a court of competent jurisdiction.
However, an action taken under this subdivision (a)(1)(G) is subject to the
applicable provisions of the Fresh Start Act, compiled in chapter 76, part
1 of this title.
(2) A person may prefer charges in writing to the board against an
architect, engineer, landscape architect, or land surveyor registered under this
chapter or chapter 18 part 1 of this title, on any of the grounds listed in
subdivision (a)(1).
(3) The affirmative vote of six (6) or more members of the board is
required to revoke or suspend the certificate of registration of an architect,
engineer, or landscape architect registered under this chapter, or of a land
surveyor registered under chapter 18, part 1 of this title.
(b) The board may reissue a certificate of registration to a person whose
certificate has been revoked; provided, that six (6) or more members of the board vote in
favor of reissuance for reasons the board may deem sufficient.
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(c) The board members are officers of the state in carrying out the duties
imposed by this chapter and chapter 18 part 1 of this title, and as such have the full
measure of governmental immunity provided by law.
SECTION 19. Tennessee Code Annotated, Title 62, Chapter 2, Part 9, is amended by
deleting the part in its entirety.
SECTION 20. Tennessee Code Annotated, Section 62-4-139, is amended by deleting
the section and substituting instead:
The board shall provide written notice of the requirements of §§ 62-4-110(f), 62-
4-118(m), 62-4-120(i), and 62-4-120(k) to all applicable licensees and schools under the
jurisdiction of the board through the board's website, e-blasts, print mailings, electronic
mail, license renewal communications, or any other reasonable methods to provide
notice of these requirements, as determined by the board.
SECTION 21. Tennessee Code Annotated, Section 62-6-111(b), is amended by adding
the following as a new subdivision:
(5) In lieu of providing a financial statement, an applicant may obtain a surety
bond in an amount that is equal to at least fifty percent (50%) of the monetary limitation
that is requested by the applicant. The bond must be continuous in form and must be
maintained in effect for as long as the applicant maintains a license or until the applicant
provides a financial statement that meets the requirements of subdivisions (b)(3) or
(b)(4). The applicant shall submit proof of the surety bond with the application. The
bond is for the benefit of a person who is damaged by an act or omission of the applicant
constituting a breach of a construction contract or by an unlawful act or omission of the
applicant in the performance of contracting. A person so damaged may sue directly on
the bond without assignment thereof. The bond may not be construed to require any
surety to be responsible for the completion of a construction contract entered into by the
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principal on the bond. The liability of the surety under any bond may not exceed in the
aggregate the amount of the bond. If the bond ceases to be in effect, the contractor's
license becomes invalid.
SECTION 22. Tennessee Code Annotated, Section 62-6-111(h), is amended by
deleting the subsection and substituting instead:
(h) Notwithstanding § 56-1-302(a)(7) to the contrary, all revenues generated
from licensing fees, penalties, or interest must be allocated solely to the board for
licensing contractors to be utilized for the administration and enforcement of this part.
SECTION 23. Tennessee Code Annotated, Section 62-6-111(k), is amended by adding
the following as a new subdivision:
(5) In lieu of providing a financial statement for the request in a change of
monetary limitation as required by subdivisions (k)(1) and (2), an applicant may provide
a surety bond that meets the requirements of subdivision (b)(5).
SECTION 24. Tennessee Code Annotated, Section 62-6-116(b), is amended by
deleting the subsection and substituting:
(b) Renewal notices must be sent ninety (90) days prior to the expiration date of
the license. Renewal notices may be sent by electronic mail if the licensee maintains an
electronic mailing address on file with the board.
SECTION 25. Tennessee Code Annotated, Section 62-6-116(c), is amended by adding
the following language immediately following the last sentence:
In lieu of submitting a financial statement, the renewal applicant may submit proof of a
surety bond that meets the requirements of § 62-6-111(b)(5) with the renewal
application.
SECTION 26. Tennessee Code Annotated, Section 62-6-116(d), is amended by adding
the following language immediately following the last sentence:
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If the renewal applicant submits proof of a surety bond with the renewal application or
maintains an effective surety bond on file with the board that meets the requirements of
§ 62-6-111(b)(5), then the renewal applicant is not required to provide a financial
statement.
SECTION 27. Tennessee Code Annotated, Section 62-6-116(e), is amended by
deleting the subsection and substituting:
(e) It is the duty of the executive director to notify every person licensed under
this part of the date of expiration of this certificate of license and the amount of the fee
required for its two-year renewal. Notice may be accomplished by electronic mail or by
any other reasonable method determined by the board, in accordance with this section.
SECTION 28. Tennessee Code Annotated, Section 62-6-124, is amended by adding
the following as a new subsection:
(c) The board may provide a bond, surety, or personal guaranty that is submitted
to the board to a person requesting a copy of such document. The board must provide
any financial records submitted by an applicant or licensee to any 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.
SECTION 29. Tennessee Code Annotated, Section 62-6-131(c), is amended by
deleting the subsection and substituting:
(c) The board shall prescribe fees for the issuance and renewal of licenses of
limited licensed electricians.
SECTION 30. Tennessee Code Annotated, Section 62-6-131, is amended by adding
the following as a new subsection:
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(e) Effective July 1, 2026, all funds held by the state treasurer in the limited
licensed electricians fund must be deposited in the fund for the state board for licensing
contractors pursuant to § 56-1-310(a), to be used for any lawful purpose of the board,
and the separate limited licensed electricians fund no longer exists upon such transfer of
funds. All fees, penalties, and any other payments received regarding limited licensed
electricians must be deposited in the fund for the board and may be used for any lawful
purpose of the board.
SECTION 31. Tennessee Code Annotated, Section 62-6-408(a), is amended by
deleting the subsection and substituting:
(a) The board shall prescribe fees for the application, examination, issuance,
and renewal of licenses of limited licensed plumbers.
SECTION 32. Tennessee Code Annotated, Section 62-6-408, is amended by adding
the following as a new subsection:
(c) Effective July 1, 2026, all funds held by the state treasurer in the limited
licensed plumbers fund must be deposited in the fund for the state board for licensing
contractors pursuant to § 56-1-310(a), to be used for any lawful purpose of the board,
and the separate limited licensed plumbers fund no long exists upon such transfer of
funds. All fees, penalties, and any other payments received regarding limited licensed
plumbers must be deposited in the fund for the board and may be used for any lawful
purpose of the board.
SECTION 33. Tennessee Code Annotated, Section 62-6-411, is amended by deleting
subsections (b) and (c) and substituting:
(b) It is the duty of the board to notify every person licensed under this part of
the date of expiration of the license and the amount of fee required for its renewal.
Renewal notices must be sent ninety (90) days prior to the expiration date of the license.
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Renewal notices may be sent by electronic mail if the licensee maintains an electronic
mailing address on file with the board. The renewal notice must be accompanied by a
renewal fee.
SECTION 34. Tennessee Code Annotated, Section 62-13-104(b)(8)(B), is amended by
deleting the subdivision and substituting:
(B) All notices and answers required or authorized to be made or filed under this
subsection (b) may be served or filed personally, by electronic mail, or by registered mail
to the last known business address of the addressee. If served personally or by
electronic mail, the time runs from the date of service and if by registered mail, from the
postmarked date of the letter enclosing the document.
SECTION 35. Tennessee Code Annotated, Section 62-13-112(j)(2), is amended by
deleting the subdivision and substituting:
(2) The commission shall send notification of the license suspension by regular
or electronic mail:
(A) To the licensee at the last known business address or electronic mail
business address and home address or electronic mail home address of the
licensee as registered with the commission; and
(B) To the licensee's broker at the broker's address or electronic mail
address as registered with the commission.
SECTION 36. Tennessee Code Annotated, Section 62-13-112(l)(2), is amended by
deleting the subdivision and substituting:
(2) The commission shall send notification of the license revocation by regular
mail or electronic mail:
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(A) To the licensee at the last known business address or electronic mail
business address and home address or electronic mail home address of the
licensee as registered with the commission; and
(B) To the licensee's broker at the broker's address or electronic mail
address as registered with the commission.
SECTION 37. Tennessee Code Annotated, Section 62-13-303(h)(1), is amended by
deleting the language "three (3) years" and substituting "four (4) years".
SECTION 38. Tennessee Code Annotated, Section 62-13-309(a)(1)(A), is amended by
deleting the language ", located to conform with zoning laws and ordinances".
SECTION 39. Tennessee Code Annotated, Section 62-13-309(b)(1), is amended by
deleting the language ", which shall clearly state that the broker is engaged in the real estate
business".
SECTION 40. Tennessee Code Annotated, Section 62-13-309(b)(2), is amended by
deleting the subdivision.
SECTION 41. Tennessee Code Annotated, Section 62-13-312(b)(12), is amended by
deleting the subdivision and substituting instead:
(12) Being convicted in a court of competent jurisdiction of this or any other state
or federal court of a felony or misdemeanor related to homicide, assault, battery, force,
or any other act of violence against persons or property, forgery, embezzlement,
obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to
defraud, any crime requiring registration on the Tennessee Sexual Offender and Violent
Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40,
chapter 39, part 2, or any crime or any similar offense or offenses, or pleading guilty or
nolo contendere to any such offense or offenses;
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SECTION 42. Tennessee Code Annotated, Section 62-13-312(f), is amended by
inserting the language "or guilty plea" immediately following "conviction" wherever it appears.
SECTION 43. Tennessee Code Annotated, Section 62-13-313(b), is amended by
deleting the subsection and substituting:
(b) All notices and answers required or authorized to be made or filed under this
section may be served or filed personally, by electronic mail, or by first-class mail to the
last known business address or electronic business mail address of the addressee. If
served personally or by electronic mail, the time runs from the date of service and if by
registered mail, from the postmarked date of the letter enclosing the document.
SECTION 44. Tennessee Code Annotated, Section 62-13-317(b), is amended by
adding the language "or electronically mailed" immediately following the word "mailed".
SECTION 45. Tennessee Code Annotated, Section 62-13-319(c), is amended by
deleting the language "more than two (2) years" and substituting "more than one (1) year, but
less than two (2) years,".
SECTION 46. Tennessee Code Annotated, Section 62-18-102(1), is amended by
deleting the subdivision and substituting:
(1) "Board" means the state board of examiners for architects, engineers, and
land surveyors created by § 62-2-201;
SECTION 47. Tennessee Code Annotated, Title 62, Chapter 18, Part 1, is amended by
deleting sections 62-18-103, 62-18-104, 62-18-105, 62-18-107, and 62-18-108.
SECTION 48. Tennessee Code Annotated, Section 62-18-106, is amended by deleting
the section and substituting:
(a) The board shall, in compliance with the Uniform Administrative Procedures
Act, compiled in title 4, chapter 5, promulgate rules that incorporate and establish
minimum acceptable standards of practice for licensed land surveyors.
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(b) The board may establish continuing educational requirements and standards
for land surveyors. Any rules promulgated to effect this subsection (b) must be
promulgated in compliance with the Uniform Administrative Procedures Act.
SECTION 49. Tennessee Code Annotated, Section 62-18-112, is amended by deleting
the section and substituting instead:
(a) In determining the qualifications of applicants for registration as land
surveyors, the executive director of the board may assign the application to two (2) or
more of the land surveying members to review individually. If two (2) reviewing
members approve the application and full board review is not otherwise required by this
subsection (a), 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 requires only the affirmative vote of a majority of the land surveying
members. Applicants for registration as land surveyors must be examined by land
surveyor members of the board only.
(b) If the board denies the issuance of a certificate to an applicant, a refund of
any part of the application fee must not be returned by the board to the applicant.
(c) For purposes of this section, the public member of the board appointed under
the authority of § 62-2-201(b) is not a voting member of the board.
SECTION 50. Tennessee Code Annotated, Section 62-18-116(a)(1)(D), is amended by
deleting the language "§ 62-18-106(c)" and substituting "§ 62-18-106(a)".
SECTION 51. Tennessee Code Annotated, Section 62-20-115(a)(2), is amended by
deleting the subdivision and substituting:
(2) The board shall transmit any such complaint to the accused licensee. The
board may transmit any such complaint by electronic mail or first-class mail.
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SECTION 52.
(a) Tennessee Code Annotated, Title 62, Chapter 27, is amended by deleting
the chapter.
(b) Tennessee Code Annotated, Section 62-76-203(a)(7), is amended by
deleting the subdivision.
SECTION 53. Tennessee Code Annotated, Section 62-35-143(a), is amended by
deleting the subsection and substituting:
(a)
(1) The detection services licensing program includes the commissioner's
implementation of the requirements of this chapter, chapter 26 of this title, and
the Alarm Contractors Licensing Act of 1991, compiled in chapter 32, part 3 of
this title.
(2) All moneys collected pursuant to this chapter, chapter 26 of this title,
and the Alarm Contractors Licensing Act of 1991 must be deposited in the state
treasury in a separate account governed by § 56-1-310 for the administration of
this chapter, chapter 26 of this title, and the Alarm Contractors Licensing Act of
1991.
SECTION 54. Tennessee Code Annotated, Section 62-35-143(c), is amended by
deleting the subsection and substituting:
(c) If the commissioner establishes the committee pursuant to subsection (b),
then the committee must include ten (10) members as follows:
(1) Three (3) members representing the alarm industry;
(2) Three (3) members representing the private investigation industry;
(3) Three (3) members representing the private security industry; and
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(4) One (1) public member who is not eligible for membership under
subdivisions (c)(1)-(3).
SECTION 55. Tennessee Code Annotated, Section 68-102-602(a)(2), is amended by
deleting the language ". In the event that a deficiency is found during a safety inspection, any
subsequent inspection that is required for the inspection of repairs that are made to address
such deficiency shall be conducted by a deputy electrical inspector who is commissioned under
§ 68-102-143".
SECTION 56. Tennessee Code Annotated, Section 68-105-103(b)(7), is amended by
deleting the subdivision.
SECTION 57. All moneys of boards, commissions, and regulatory funds eliminated by
Sections 46 through 50 of this act shall be transferred to the account for the state board of
examiners for architects, engineers, and land surveyors created in Section 13 of this act.
SECTION 58. All moneys and regulatory funds eliminated by the deletion of title 62,
chapter 27, remain in the account created by § 62-35-143, and shall be used for the
administration of the detection services licensing program.
SECTION 59. All members, excluding public members, of boards created by §§ 62-2-
201 and 62-18-103, shall continue to serve out their existing term on the state board for
architects, engineers, and land surveyors created by Section 5 of this act. New members shall
be appointed, in accordance with § 62-2-203(a), immediately to fill any vacant seats. A public
member shall be appointed, in accordance with § 62-2-203(b), to the state board for architects,
engineers, and land surveyors created by Section 5 of this act.
SECTION 60. For the purpose of promulgating rules, this act takes effect upon
becoming a law, the public welfare requiring it. For all other purposes, this act takes effect July
1, 2026, the public welfare requiring it.