Amends TCA Title 68, Chapter 211, Part 8.

ON FEBRUARY 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 126, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to revise provisions relative to the tipping fee upon each ton of municipal solid waste or its volume equivalent received at a municipal solid waste disposal facility or incinerator that each county, municipality, or solid waste authority that owns such a facility or incinerator may impose.<br /> <br /> Present law provides that in Haywood, McNairy, and Hardeman counties, the fee is subject to the same penalty and interest as delinquent property taxes if not paid within 30 days after notice of the fee is mailed. The unpaid fees, penalty, interest, and cost must be a lien on the real property and improvements on the property upon filing of a notice with the county office of the register of deeds. The lien is in favor of the jurisdiction, second only to liens of the state, county, and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right, or interest in the property recorded or perfected by filing, prior to the filing of the notice. The notice must identify the debtor, owner of record of the real property; contain the property address; describe the property sufficiently to identify it; and recite the amount of the obligation secured by the lien. Present law prohibits a sale or transfer of the property from being legally closed and recorded until the lien has been satisfied. The same applies if the property is to be made the subject of a contract of sale. Upon the sale or transfer of the property, the successor, successors, or assigns are required to withhold a sufficient amount of the purchase money to cover the amount of the fees, interest, penalty, and cost. Present law authorizes the jurisdiction to collect the delinquent fees, penalty, interest, and cost through an action for debt filed in court.<br /> <br /> This amendment applies the same provisions to Wayne County.<br />