HB 132 – SB 396
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 9, 2025
Fiscal Analyst: Rebecca Chandler | Email: rebecca.chandler@capitol.tn.gov | Phone: 615-741-2564
HB 132 – SB 396
SUMMARY OF BILL: Limits the duration of a State of Emergency declared by the
Governor to 30 days. Requires a renewal to be approved by a joint resolution by the General
Assembly during a regular session or approval by a legislative council if the General Assembly is not
in session.
Creates an ad-hoc legislative council (Council) consisting of eight specified legislative members to
operate during the duration of a State of Emergency when the General Assembly is not in legislative
session. Establishes that the Council may convene with no fewer than six members present and may
extend a State of Emergency for an additional 30 days by majority vote.
Prohibits the Governor from issuing executive orders, proclamations, and rules that violate Article I
of the Tennessee Constitution or the First through Tenth Amendments to the United States
Constitution.
FISCAL IMPACT:
OTHER FISCAL IMPACT
If the General Assembly is not in-session and a decision is needed whether to renew an initial
declaration of emergency beyond 30 days, an ad-hoc legislative council will need to be convened.
In such case, there would be an increase in state expenditures of at least $4,400.
Assumptions:
• Pursuant to Tenn. Code Ann. § 58-2-107(b), the Governor can declare a State of
Emergency by executive order, proclamation, or activation of the Tennessee Emergency
Management Plan and cannot continue such beyond 45 days, unless renewed by the
Governor.
• The proposed legislation would prohibit the Governor from extending a State of
Emergency beyond 30 days. Extensions beyond 30 days would require approval either
through a joint resolution by the General Assembly during a legislative session or by the
Council convened if the General Assembly is not in session.
• The Council will consist of eight specified Representatives and Senators, with a minimum
of six members required for a quorum.
HB 132 – SB 396 2
• The number of State of Emergency declarations that may require extensions beyond 30
days and whether the Council would need to be convened, cannot be reasonably
determined.
• Based on information provided by Legislative Administration, the total cost for a member’s
mileage and per diem, assuming all eight members are present for each meeting and the
meeting will only take one day, are shown below:
Legislative Member Reimbursement FY25-26 and Subsequent Years
Members Per Mtg Cost/Member Reimbursed Meetings/Year Total
Mileage 8 $173 1 $1,384
Per Diem 8 $379 1 $3,032
Total: $4,416
• Therefore, it is reasonable to assume that convening the Council would result in an increase
in state expenditures of $4,416 per day.
• Additionally, the proposed legislation requires the Governor not to executive orders,
proclamations, and rules that violate any provisions in the Tennessee State Constitution, or
the First through Tenth Amendments of the U.S. Constitution.
• The Governor can abide by these requirements without an increase in state expenditures.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director