HB 57 – SB 115 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly January 25, 2025 Fiscal Analyst: Justin Billingsley | Email: justin.billingsley@capitol.tn.gov | Phone: 615-741-2564 HB 57 – SB 115 SUMMARY OF BILL: Requires municipal governing bodies to submit mandatory annual audits to the Comptroller of the Treasury (COT) no later than six months following the end of a municipality’s fiscal year. Establishes a penalty for any municipality having two or more outstanding late annual audits, equal to no more than 15 percent of the total amount of state-shared sales tax revenue due to the municipality in any given fiscal year, which must be held in reserve by the Department of Revenue (DOR) and allocated to a municipality upon compliance. Authorizes the COT to waive any such penalty in accordance with its established policies and procedures. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 6-56-105(e), all municipal annual audits must be completed as soon as practicable after the end of each municipality’s fiscal year. • Requiring municipalities submit mandatory audits to the COT no later than six months following the end of a fiscal year will not significantly impact local operations; any fiscal impact is estimated to be not significant. • A municipality having two or more outstanding annual audits would be subject to the following penalty: an amount mutually agreed upon by the COT and the Commissioner of DOR, up to 15 percent of the total amount of state-shared sales tax revenue due to the municipality in any given fiscal year, must be held in reserve by the DOR until the municipality is compliant. • Any impact to the operations of the COT and DOR is not significant. • Based on information provided by the COT and DOR, the following table includes municipalities which currently have two or more outstanding annual audits, their FY23-24 state-shared sales tax revenue, and the potential maximum amount of revenue reserved: HB 57 – SB 115 2 Municipality FY23-24 State- Shared Sales Tax Revenue Potential Local Revenue Reserved Big Sandy $ 59,642 $ 8,946 Decherd $ 291,953 $ 43,793 Gibson $ 44,916 $ 6,737 Moscow $ 70,196 $ 10,529 Oneida $ 464,743 $ 69,711 Sharon $ 114,744 $ 17,212 Yorkville $ 28,962 $ 4,344 Totals $ 1,075,156 $ 161,273 • Following passage of the proposed legislation, if the above municipalities remain noncompliant, it is estimated that a maximum of $161,273 will be held in reserve by DOR and allocated to the appropriate municipalities upon compliance. • It is assumed that noncompliant municipalities will come into compliance with this new deadline and ultimately receive their portions of state-shared sales tax revenue; therefore, this legislation is estimated to result in no significant fiscal impact to state or local government. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director