SB 290 - HB 764 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 22, 2025 Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564 SB 290 - HB 764 SUMMARY OF BILL: Specifies that certain physical searches of students, lockers, vehicles, or other property on school grounds must be conducted by a school resource officer (SRO). Requires a principal to notify the parent or legal guardian of a student under 18 years of age of the need to conduct a physical search of the student and to receive consent prior to conducting a search. Clarifies that current law does not authorize a physical search that violates the United States Constitution or the Constitution of Tennessee. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. §§ 49-6-4204(a) and 49-6-2405(a), a principal of a school is authorized to order the search of students, lockers, vehicles, and other property on school grounds while in presence of the principal or principal’s staff, if circumstances deem the search necessary. • The proposed legislation requires any such search to only be conducted by an SRO who is acting as a school official for the purposes of the search. • There are approximately 1,894 schools in this state and based on a survey conducted by the Department of Education in October 2023, there are 1,302 schools with existing SROs. • Schools that employ an SRO will be able to comply with the proposed physical search requirements within existing resources such that any fiscal impact is estimated to be not significant. • Schools that do not employ an SRO will be unable to conduct physical searches pursuant to Tenn. Code Ann. §§ 49-6-4204 and 49-6-4205. • It is assumed such school may utilize an SRO from another school or request assistance from a local law enforcement agency. A search conducted by a visiting SRO or other local law enforcement officer will be performed utilizing existing personnel and resources; any fiscal impact is estimated to be not significant. • However, it is unknown if a physical search conducted on school grounds by an SRO from another school or local law enforcement officer would be in compliance with the proposed legislation. • Clarifying that current law does not authorize a search that violates the United States Constitution or the Tennessee Constitution will have no impact on state or local government. SB 290 - HB 764 2 CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director