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Tennessee General Assembly· HB 375Transmitted to Governor for his action.

Local Government, General - As enacted, requires each department, agency, or official of a local government that assesses and collects a fee of more than $250 to document the justification and cost basis of the fee; make, the official text

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                        ~tate of \lrennessee

                         PUBLIC CHAPTER NO. 140

                                                  HOUSE BILL NO. 375

   By Representatives Zachary, Crawford, Littleton, Powers, Butler, Gant, Burkhart, Tim
                               Hicks, White, Stinnett, Renea Jones, Hardaway

                                        Substituted for: Senate Bill No. 988

                                                      By Senator Haile

         AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 10 and Title
67, Chapter 4, Part 29, relative to fees assessed by a local government.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 5, Chapter 1, Part 1, is amended by
adding the following as a new section:

                     (a)

                              (1) Except as provided in subsection (d), each department, agency, or
                    official of a county who assesses and collects a fee related to development in
                    excess of two hundred fifty dollars ($250) shall maintain documentation
                    describing the justification and cost basis for such fee. Such documentation is
                    also required upon the adoption of a new fee or for a change in the amount of an
                    existing fee that is related to development and in excess of two hundred fifty
                    dollars ($250).

                              (2) Subdivision (a)(1) only requires such documentation to be produced
                    one (1) time for each existing fee, new fee, or change in the amount of an
                    existing fee. Production of such documentation is not required each time the fee
                    is assessed against a person or entity responsible for paying the fee.

                    (b) The documentation under subsection (a):

                              (1) Must be maintained and kept on file by the department, agency, or
                    official;

                               (2) Is a public record and available for public inspection upon request
                    pursuant to title 10, chapter 7, part 5; and

                               (3) Is subject to an annual audit by the comptroller of the treasury. The
                     comptroller may incorporate the annual audit into any other financial audit of the
                     county performed by the comptroller of the treasury.

                     (c) As used in this section:

                               (1) "Cost basis" means the rationale for charging a fee, particularly in
                     regard to how a fee reasonably relates to cost incurred by the government; and

                               (2) "Development" means the construction, building, erection, or
                     improvement to land or any infrastructure contributing to the ability to provide a
                     new building or structure.

                     (d) For a connection cost of a utility, as such terms are defined in § 65-5-401, of
           a county, the utility shall maintain and provide documentation according to title 65,
           chapter 5, part 4.

           SECTION 2. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by
 adding the following as a new section:
HB375

                    (a)

                              (1) Except as provided in subsection (d), each department, agency, or
                    official of a municipal government who assesses and collects a fee related to
                    development in excess of two hundred fifty dollars ($250) shall maintain
                    documentation describing the justification and cost basis for such fee. Such
                    documentation is also required upon the adoption of a new fee or for a change in
                    the amount of an existing fee that is related to development and in excess of two
                    hundred fifty dollars ($250).

                              (2) Subdivision (a)(1) only requires such documentation to be produced
                    one (1) time for each existing fee, new fee, or change in the amount of an
                    existing fee. Production of such documentation is not required each time the fee
                    is assessed against a person or entity responsible for paying the fee.

                    (b) The documentation under subsection (a):

                              (1) Must be maintained and kept on file by the department, agency, or
                    official;

                              (2) Is a public record and available for public inspection upon request
                    pursuant to title 10, chapter 7, part 5; and

                              (3) Is subject to an annual audit by the comptroller of the treasury. The
                    comptroller may incorporate the annual audit into any other financial audit of the
                    municipality performed by the comptroller of the treasury.

                     (c) As used in this section:

                               (1) "Cost basis" means the rationale for charging a fee, particularly in
                     regard to how a fee reasonably relates to cost incurred by the government; and

                               (2) "Development" means the construction, building, erection, or
                     improvement to land or any infrastructure contributing to the ability to provide a
                     new building or structure.

                     (d) For a connection cost of a utility, as such terms are defined in § 65-5-401, of
           a municipality, the utility shall maintain and provide documentation according to title 65,
           chapter 5, part 4.

           SECTION 3. Tennessee Code Annotated, Title 7, Chapter 1, is amended by adding the
 following as a new section:

                     (a)

                               (1) Except as provided in subsection (d), each department, agency, or
                     official of a metropolitan government who assesses and collects a fee related to
                     development in excess of two hundred fifty dollars ($250) shall maintain
                     documentation describing the justification and cost basis for such fee. Such
                     documentation is also required upon the adoption of a new fee or for a change in
                     the amount of an existing fee that is related to development and in excess of two
                     hundred fifty dollars ($250).

                               (2) Subdivision (a)(1) only requires such documentation to be produced
                     one (1) time for each existing fee, new fee, or change in the amount of an
                     existing fee. Production of such documentation is not required each time the fee
                     is assessed against a person or entity responsible for paying the fee.

                     (b) The documentation under subsection (a):

                               (1) Must be maintained and kept on file by the department, agency, or
                     official;

                               (2) Is a public record and available for public inspection upon request
                     pursuant to title 10, chapter 7, part 5; and

                                                                     2
HB375
                              (3) Is subject to an annual audit by the comptroller of the treasury. The

                    comptroller may incorporate the annual audit into any other financial audit of the
                    metropolitan government performed by the comptroller of the treasury.
                    (c) As used in this section:

                              (1) "Cost basis" means the rationale for charging a fee, particularly in
                    regard to how a fee reasonably relates to cost to the government; and

                              (2) "Development" means the construction, building, erection, or
                    improvement to land or any infrastructure contributing to the ability to provide a
                    new building or structure.
                    (d) For a connection cost of a utility, as such terms are defined in § 65-5-401, of
          a metropolitan government, the utility shall maintain and provide documentation
          according to title 65, chapter 5, part 4.
          SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.

                                                                 3
                    HOUSE BILL NO. 375

PASSED:  March 20, 2025

                            C?&
                             CAMERONSEXTON,SPEAKER
                            HOUSE OF REPRESENTATIVES

                                            RANDY MCNALLY
                               SPEAKER OF T~E SENATE

~ Apa APPROVED this         f
                    day of              2025

BILL LEE, GOVERNOR  ~
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