67-5-1902 - Monthly settlement and annual statement. - Tennessee Statutes

67-5-1902. Monthly settlement and annual statement.

(a)  (1)  On or before the tenth day in each month, the trustee shall report to and make settlement for all taxes collected during the preceding month, with the county mayor and with the financial agent or treasurer of each municipality, and pay over to the same the amounts shown by the respective settlements to be due each.

     (2)  [Deleted by 2009 amendment.]

(b)  (1)  The trustee shall make a full and complete financial report on or before the first Monday in September, for the year ended June 30, of the condition of such trustee's office. This annual financial report shall be filed with the county mayor and with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. This shall be the same report as required pursuant to § 5-8-505.

     (2)  The trustee shall not be allowed any commission when the trustee fails to make such filing, and in the event commissions are allowed when the filing is not made, any citizen and taxpayer of the county may bring suit against the trustee and the trustee's bondspersons and recover for the use of the state and county all commissions thus illegally paid or allowed. The trustee shall not forfeit and lose the trustee's commission, and commission shall not be recovered from the trustee when allowed or paid, unless it shall appear that the trustee failed or refused to make the filing, willfully with full knowledge of the purport of this part, for the purpose of defrauding the state, county or municipality.

     (3)  [Deleted by 2009 amendment.]

     (4)  It is the duty of the county mayor to submit a copy of this settlement, showing all debits and credits, to the county legislative body at the following term for inspection, which shall be entered upon the minutes of the county legislative body.

[Acts 1907, ch. 602, §§ 68, 70; 1913, ch. 34, § 1; Shan., §§ 914-916a1; Code 1932, §§ 1614-1620; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), §§ 67-1406 67-1411; Acts 1991, ch. 484, § 3; 1993, ch. 315, § 5; 2003, ch. 90, § 2; 2009, ch. 346, §§ 1, 2.]