Public Chapter 156

HOUSE BILL NO. 1186

By Representatives Kerr, Walker

Substituted for: Senate Bill No. 951

By Senators Miller, Koella

AN ACT to amend Tennessee Code Annotated, Title 54, Chapter 5, Part 13, relative to the tourist-oriented directional signs (TODS) program.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 54, Chapter 5, Part 13, is amended by adding the following language as a new appropriately designated section:

Section 54-5-13__. (a) Notwithstanding any provision of law, rule or regulation to the contrary, when there are two (2) or more competing applications for inclusion on a particular TODS sign assembly, the department shall award installation on such TODS sign assembly to the business from which the department first received a qualified application for such installation.

(b) If the department receives on the same day two (2) or more competing applications for a particular TODS sign assembly and such competing applications qualify for participation in the TODS program, the department shall award installation on such TODS sign assembly to the business with the greatest eligibility distance.

(c) Once the TODS sign of a business has been installed on a particular TODS sign assembly, such business shall have the right to renew such TODS sign notwithstanding the application and qualification of a business with a greater eligibility distance. The provisions of this subsection shall not apply if the business fails to comply with all applicable rules and regulations or fails to pay any applicable fees.

(d) No business shall be eligible to have a TODS sign on a particular TODS sign assembly if such business is greater than ten (10) miles from such TODS sign assembly. The mileage from the TODS sign to the business must be placed on such TODS sign, unless two (2) or more businesses which offer similar activities, features or opportunities have a single sign on such TODS sign.

SECTION 2. Tennessee Code Annotated, Section 54-17-109(B)(i), is amended by deleting the figures:

not less than nor more than

51,000 51,300

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.