1 | 1 | | |
---|
2 | 2 | | HOUSE BILL 521 |
---|
3 | 3 | | By Reedy |
---|
4 | 4 | | |
---|
5 | 5 | | SENATE BILL 574 |
---|
6 | 6 | | By Powers |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | SB0574 |
---|
10 | 10 | | 002196 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 57, |
---|
14 | 14 | | Chapter 5 and Title 67, Chapter 4, relative to the |
---|
15 | 15 | | taxation of certain beverages. |
---|
16 | 16 | | |
---|
17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 57-5-201(a)(1), is amended by |
---|
19 | 19 | | deleting the language: |
---|
20 | 20 | | Every person, firm, corporation, joint-stock company, syndicate or association in |
---|
21 | 21 | | this state storing, selling, distributing, or manufacturing such beer or other |
---|
22 | 22 | | beverages as are described in this chapter shall pay a special privilege tax, in |
---|
23 | 23 | | addition to all other taxes, in an amount equal to four dollars and twenty-nine |
---|
24 | 24 | | cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold, |
---|
25 | 25 | | distributed by gift or sale or manufactured in this state; provided, that the rate |
---|
26 | 26 | | shall be reduced by fifty cents (50¢) on July 1 of any year following the |
---|
27 | 27 | | enactment of any state or federal law that imposes mandatory deposits by |
---|
28 | 28 | | consumers on beverage containers sold in this state or on July 1, 2028, |
---|
29 | 29 | | whichever occurs first. |
---|
30 | 30 | | and substituting instead: |
---|
31 | 31 | | Every person, firm, corporation, joint-stock company, syndicate, or association in |
---|
32 | 32 | | this state storing, selling, distributing, or manufacturing such beer or other |
---|
33 | 33 | | beverages as are described in this chapter shall pay a special privilege tax, in |
---|
34 | 34 | | addition to all other taxes, in an amount equal to two dollars ($2.00) per barrel of |
---|
35 | 35 | | thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale, or |
---|
36 | 36 | | manufactured in this state. |
---|
37 | 37 | | |
---|
38 | 38 | | |
---|
39 | 39 | | - 2 - 002196 |
---|
40 | 40 | | |
---|
41 | 41 | | SECTION 2. Tennessee Code Annotated, Section 57-5-201(a)(2), is amended by |
---|
42 | 42 | | deleting the subdivision and substituting instead: |
---|
43 | 43 | | (2) Notwithstanding this section or another law to the contrary, one dollar ($1.00) |
---|
44 | 44 | | of the revenue generated from the special privilege tax authorized in subdivision (a)(1) |
---|
45 | 45 | | shall be allocated to the highway fund for the purpose of funding programs for the |
---|
46 | 46 | | prevention and collection of litter and trash and matters related to the programs, |
---|
47 | 47 | | including special grants for programs described in § 54-1-407. |
---|
48 | 48 | | (3) One dollar ($1.00) of the revenue generated from the special privilege tax |
---|
49 | 49 | | authorized in subdivision (a)(1) must be allocated to recycling grants issued by the |
---|
50 | 50 | | department of environment and conservation for the purpose of funding material |
---|
51 | 51 | | recycling programs, including aluminum, plastic, glass, and other recyclable materials. |
---|
52 | 52 | | (4) No later than March 31 of each year, the department of transportation and |
---|
53 | 53 | | department of environment and conservation shall transmit to the governor and the |
---|
54 | 54 | | speakers of the house of representatives and senate a report listing the programs |
---|
55 | 55 | | receiving funds generated by this subsection (a), the amount of funds received by each |
---|
56 | 56 | | program, and the purpose for which the funds were spent. |
---|
57 | 57 | | (5) This subsection (a) and subsection (b) are repealed on July 1 of any year |
---|
58 | 58 | | following the enactment of any state or federal law that imposes mandatory deposits by |
---|
59 | 59 | | consumers, taxes, or fees on beverage containers sold in this state or on July 1, 2028, |
---|
60 | 60 | | whichever occurs first. |
---|
61 | 61 | | SECTION 3. Tennessee Code Annotated, Section 57-5-202(a), is amended by deleting |
---|
62 | 62 | | the language "The commissioner shall expend so much of four percent (4%)" in the |
---|
63 | 63 | | second sentence and substituting instead the language "Prior to July 1, 2025, the |
---|
64 | 64 | | commissioner shall expend so much of four percent (4%)". |
---|
65 | 65 | | |
---|
66 | 66 | | |
---|
67 | 67 | | - 3 - 002196 |
---|
68 | 68 | | |
---|
69 | 69 | | SECTION 4. Tennessee Code Annotated, Section 57-5-205, is amended by deleting the |
---|
70 | 70 | | language "The state privilege tax collected under §§ 57-5-201 -- 57-5-204" and |
---|
71 | 71 | | substituting instead the language "Prior to July 1, 2025, the state privilege tax collected |
---|
72 | 72 | | under §§ 57-5-201 -- 57-5-204". |
---|
73 | 73 | | SECTION 5. Tennessee Code Annotated, Section 67-4-402(b), is amended by deleting |
---|
74 | 74 | | the subsection and substituting instead: |
---|
75 | 75 | | (1) Imposition of Tax. A person manufacturing or producing and selling within |
---|
76 | 76 | | this state any bottled soft drinks and a person importing or causing to be imported |
---|
77 | 77 | | bottled soft drinks into this state from outside the state and selling such imported bottled |
---|
78 | 78 | | soft drinks within this state shall, for the privilege of engaging in such business, pay to |
---|
79 | 79 | | the state for state purposes an amount equal to nine-tenths percent (0.9%) of the |
---|
80 | 80 | | person's gross receipts derived from such business. |
---|
81 | 81 | | (2) |
---|
82 | 82 | | (A) Notwithstanding this section or another law to the contrary: |
---|
83 | 83 | | (i) Five-tenths percent (0.5%) of the revenue generated from the |
---|
84 | 84 | | special privilege tax authorized in subdivision (b)(1) must be allocated to |
---|
85 | 85 | | the highway fund for the purpose of funding programs for the prevention |
---|
86 | 86 | | and collection of litter and trash and matters related to the programs, |
---|
87 | 87 | | including special grants for programs described in § 54-1-407; and |
---|
88 | 88 | | (ii) Four-tenths percent (0.4%) of the revenue generated from the |
---|
89 | 89 | | special privilege tax authorized in subdivision (b)(1) must be allocated to |
---|
90 | 90 | | recycling grants issued by the department of environment and |
---|
91 | 91 | | conservation for the purpose of funding material recycling programs, |
---|
92 | 92 | | including aluminum, plastic, glass, and other recyclable materials. |
---|
93 | 93 | | |
---|
94 | 94 | | |
---|
95 | 95 | | - 4 - 002196 |
---|
96 | 96 | | |
---|
97 | 97 | | (B) No later than March 31 of each year, the department of transportation |
---|
98 | 98 | | and department of environment and conservation shall transmit to the governor |
---|
99 | 99 | | and the speakers of the house of representatives and senate a report listing the |
---|
100 | 100 | | programs receiving funds generated by this subsection (b), the amount of funds |
---|
101 | 101 | | received by each program, and the purpose for which the funds were spent. |
---|
102 | 102 | | SECTION 6. Tennessee Code Annotated, Section 67-4-402, is amended by adding the |
---|
103 | 103 | | following new subsection: |
---|
104 | 104 | | (e) This section is repealed on July 1 of any year following the enactment of any |
---|
105 | 105 | | state or federal law that imposes mandatory deposits by consumers, taxes, or fees on |
---|
106 | 106 | | beverage containers or sold in this state or on July 1, 2028, whichever occurs first. |
---|
107 | 107 | | SECTION 7. The Tennessee Code Commission is directed to delete references to the |
---|
108 | 108 | | taxes repealed by this act, when such repeal occurs. |
---|
109 | 109 | | SECTION 8. This act takes effect on July 1, 2025, the public welfare requiring it. |
---|