Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0574 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 521
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55 SENATE BILL 574
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99 SB0574
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1313 AN ACT to amend Tennessee Code Annotated, Title 57,
1414 Chapter 5 and Title 67, Chapter 4, relative to the
1515 taxation of certain beverages.
1616
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1818 SECTION 1. Tennessee Code Annotated, Section 57-5-201(a)(1), is amended by
1919 deleting the language:
2020 Every person, firm, corporation, joint-stock company, syndicate or association in
2121 this state storing, selling, distributing, or manufacturing such beer or other
2222 beverages as are described in this chapter shall pay a special privilege tax, in
2323 addition to all other taxes, in an amount equal to four dollars and twenty-nine
2424 cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold,
2525 distributed by gift or sale or manufactured in this state; provided, that the rate
2626 shall be reduced by fifty cents (50¢) on July 1 of any year following the
2727 enactment of any state or federal law that imposes mandatory deposits by
2828 consumers on beverage containers sold in this state or on July 1, 2028,
2929 whichever occurs first.
3030 and substituting instead:
3131 Every person, firm, corporation, joint-stock company, syndicate, or association in
3232 this state storing, selling, distributing, or manufacturing such beer or other
3333 beverages as are described in this chapter shall pay a special privilege tax, in
3434 addition to all other taxes, in an amount equal to two dollars ($2.00) per barrel of
3535 thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale, or
3636 manufactured in this state.
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4141 SECTION 2. Tennessee Code Annotated, Section 57-5-201(a)(2), is amended by
4242 deleting the subdivision and substituting instead:
4343 (2) Notwithstanding this section or another law to the contrary, one dollar ($1.00)
4444 of the revenue generated from the special privilege tax authorized in subdivision (a)(1)
4545 shall be allocated to the highway fund for the purpose of funding programs for the
4646 prevention and collection of litter and trash and matters related to the programs,
4747 including special grants for programs described in § 54-1-407.
4848 (3) One dollar ($1.00) of the revenue generated from the special privilege tax
4949 authorized in subdivision (a)(1) must be allocated to recycling grants issued by the
5050 department of environment and conservation for the purpose of funding material
5151 recycling programs, including aluminum, plastic, glass, and other recyclable materials.
5252 (4) No later than March 31 of each year, the department of transportation and
5353 department of environment and conservation shall transmit to the governor and the
5454 speakers of the house of representatives and senate a report listing the programs
5555 receiving funds generated by this subsection (a), the amount of funds received by each
5656 program, and the purpose for which the funds were spent.
5757 (5) This subsection (a) and subsection (b) are repealed on July 1 of any year
5858 following the enactment of any state or federal law that imposes mandatory deposits by
5959 consumers, taxes, or fees on beverage containers sold in this state or on July 1, 2028,
6060 whichever occurs first.
6161 SECTION 3. Tennessee Code Annotated, Section 57-5-202(a), is amended by deleting
6262 the language "The commissioner shall expend so much of four percent (4%)" in the
6363 second sentence and substituting instead the language "Prior to July 1, 2025, the
6464 commissioner shall expend so much of four percent (4%)".
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6969 SECTION 4. Tennessee Code Annotated, Section 57-5-205, is amended by deleting the
7070 language "The state privilege tax collected under §§ 57-5-201 -- 57-5-204" and
7171 substituting instead the language "Prior to July 1, 2025, the state privilege tax collected
7272 under §§ 57-5-201 -- 57-5-204".
7373 SECTION 5. Tennessee Code Annotated, Section 67-4-402(b), is amended by deleting
7474 the subsection and substituting instead:
7575 (1) Imposition of Tax. A person manufacturing or producing and selling within
7676 this state any bottled soft drinks and a person importing or causing to be imported
7777 bottled soft drinks into this state from outside the state and selling such imported bottled
7878 soft drinks within this state shall, for the privilege of engaging in such business, pay to
7979 the state for state purposes an amount equal to nine-tenths percent (0.9%) of the
8080 person's gross receipts derived from such business.
8181 (2)
8282 (A) Notwithstanding this section or another law to the contrary:
8383 (i) Five-tenths percent (0.5%) of the revenue generated from the
8484 special privilege tax authorized in subdivision (b)(1) must be allocated to
8585 the highway fund for the purpose of funding programs for the prevention
8686 and collection of litter and trash and matters related to the programs,
8787 including special grants for programs described in § 54-1-407; and
8888 (ii) Four-tenths percent (0.4%) of the revenue generated from the
8989 special privilege tax authorized in subdivision (b)(1) must be allocated to
9090 recycling grants issued by the department of environment and
9191 conservation for the purpose of funding material recycling programs,
9292 including aluminum, plastic, glass, and other recyclable materials.
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9797 (B) No later than March 31 of each year, the department of transportation
9898 and department of environment and conservation shall transmit to the governor
9999 and the speakers of the house of representatives and senate a report listing the
100100 programs receiving funds generated by this subsection (b), the amount of funds
101101 received by each program, and the purpose for which the funds were spent.
102102 SECTION 6. Tennessee Code Annotated, Section 67-4-402, is amended by adding the
103103 following new subsection:
104104 (e) This section is repealed on July 1 of any year following the enactment of any
105105 state or federal law that imposes mandatory deposits by consumers, taxes, or fees on
106106 beverage containers or sold in this state or on July 1, 2028, whichever occurs first.
107107 SECTION 7. The Tennessee Code Commission is directed to delete references to the
108108 taxes repealed by this act, when such repeal occurs.
109109 SECTION 8. This act takes effect on July 1, 2025, the public welfare requiring it.