HB 115
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 16, 2025
Fiscal Analyst: Elizabeth Bransford | Email: elizabeth.bransford@capitol.tn.gov | Phone: 615-741-2564
HB 115
SUMMARY OF BILL: Clarifies that the imposition of a criminal offense, penalty, or
dismissal from employment for an officer or employee of the Department of Revenue (DOR) or
other employee or officer of the state does not apply to those who in good faith act in accordance
with current law requiring the DOR to publish the names of certain taxpayers issued franchise tax
refunds.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. §§ 67-1-1702(a) and 67-1-1709(a):
o Returns, tax information, and tax administration information shall be confidential,
and no officer or employee of DOR, any office of a District Attorney General, or
any state or local law enforcement agency, and no other person, officer, or
employee of the state who has or had access to such information shall disclose any
such information, except as authorized by state law;
o It is a Class E felony for any person who has or had access to a return or tax
information to disclose such information to any person, except as authorized by
law; and
o If an officer or employee of the state is convicted of such offense, such person shall
be dismissed from office or discharged from employment, in addition to other
punishment.
• Pursuant to Tenn. Code Ann. § 67-4-2122(a)(8), for purposes of administering the franchise
tax refund, DOR shall publish on its website, from May 31, 2025 through June 30, 2025,
the name of each taxpayer issued a refund and the total refunded amount. If a taxpayer has
filed a refund claim, but has not yet been issued a refund by May 31, 2025, the total
refunded amount will be designated as pending.
• The proposed legislation clarifies that those acting in good faith in accordance with Tenn.
Code Ann. § 67-4-2122(a)(8) will not be subject to a criminal offense, penalties, or dismissal
from employment.
• It is reasonably assumed that individuals acting in accordance with state law would not be
convicted of a Class E felony in the absence of this legislation. There will not be a sufficient
change in the number of prosecutions for state or local government to experience any
significant change in revenue or expenditures.
• Such clarification will not significantly impact state or local government operations;
therefore, any fiscal impact is estimated to be not significant.
HB 115 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director