Amendments	Fiscal Memos
HA0063	Amendment 1-0 to HB0578

No amendments for SB1121.

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.

Fiscal Summary

(CORRECTED) Decrease State Revenue – $4,510,300/FY23-24 and Subsequent Years/Handgun Permit Division $202,100/FY23-24 and Subsequent Years/Tennessee Bureau of Investigation Decrease Local Revenue – $220,400/FY23-24 and Subsequent Years Other Fiscal Impact - To the extent that the required modifications to the Department of Safety’s A-List system can be accomplished within available resources provided under the current vendor contract, the proposed legislation will not result in a significant increase in state expenditures. Otherwise, those modifications could result in a one-time increase in state expenditures of up to $30,000 in FY23-24.

Bill Summary

HANDGUN CARRY PERMIT

Present law generally provides the following:

(1) The department of safety ("department") must charge an application and processing fee of $100 to cover all aspects of processing the application and issuing a permit;

(2) In addition to any other portion of the permit application fee that goes to the Tennessee bureau of investigation (TBI), $15 of the fee must go to the TBI for the sole purpose of updating and maintaining its fingerprint criminal history data base. By February 1 of each year, the TBI should provide documentation to the judiciary committee of the senate and the criminal justice committee of the house of representatives that the extra $15 are being used exclusively for such intended purposes;

(3) A person, who has been discharged from a branch of the United States armed forces, who is on active duty in any branch of the armed forces, or who is currently serving in the national guard or armed forces reserve, and who makes the initial application for an enhanced handgun permit is required to pay only that portion of the initial application fee that is necessary to conduct the required criminal history record checks; and

(4) Fifteen dollars of the fee must be submitted to the sheriff of the county where the applicant resides for the purpose of verifying the truthfulness of the applicant's answers.

This bill deletes the above provisions.

RENEWAL

Present law provides that prior to the expiration of a permit, a permit holder may apply to the department for a renewal by submitting a renewal application with a renewal fee of $50. The renewal application must require the applicant to disclose under oath the information concerning the applicant that is statutorily mandated, and must require the applicant to certify that the applicant still satisfies all eligibility requirements for the issuance of a permit. If the permit expires prior to the department’s approval or issuance of notion of denial regarding the renewal application, then the permit holder is entitled to continue to use the expired permit. However, the permit holder must also be required to prove, by displaying a receipt for the renewal application fee, that the renewal application was delivered to the department prior to the expiration date of the permit. The department is authorized to contract with a local government agency for the provision of any service related to the renewal of enhanced handgun carry permits, subject to applicable contracting statutes and regulations. An agency contracting with the department is authorized to charge an additional fee of $4.00 for each renewal application, which must be retained by the agency for administrative costs.

Under this bill, the renewal fee of $50 is eliminated along with the requirement for an applicant to prove by displaying a receipt for the renewal application fee that the applicant had delivered the renewal application to the department prior to the expiration date of the permit. This bill also eliminates the authorization of an agency contracting with the department to charge an additional fee of $4.00 for each renewal application.

LIFETIME ENHANCED CARRY PERMIT

Present law requires the department to charge an application and processing fee for a lifetime enhanced carry permit equal to the application and processing fee charge for an initial handgun carry permit, plus a lifetime enhanced handgun carry permit fee of $200. However, a permit holder who is applying for the renewal of an enhanced handgun carry permit may instead obtain a lifetime enhanced handgun carry permit by submitting to the department a fee of $200. Any funds from such fees that are not used for processing applications and issuing permits must be retained by the department to fund any necessary system modifications required to create a lifetime enhanced handgun carry permit and monitor the eligibility of lifetime enhanced handgun carry permit holders.

Present law also requires the total fee required for an enhanced carry permit to be waived if the applicant is a retired federal, state, or local law enforcement officer; served for at least 10 years prior to retirement and was POST-certified, or had equivalent training, on the date the officer retired; was in good standing at the time of leaving the law enforcement agency, as certified by the chief law enforcement or designee of the organization that employed the applicant; and is a resident of this state on the date of the application.

This bill deletes these provisions.