SB 845 - HB 1097
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 15, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 845 - HB 1097
SUMMARY OF BILL: Requires the Attorney General and Reporter (AG), at the request of
a member of the General Assembly, to investigate an ordinance, regulation, order, or other official
action adopted or taken by the chief executive officer or governing body of a local government or
any written policy, written rule, or written regulation adopted by any agency, department, or other
entity of the local government that the member alleges violates, or that would violate if enacted or
enforced, state law or the Constitution of Tennessee. Requires the AG to make a written report of
findings and conclusions as a result of the investigation within 30 days after receipt of the request
and provide a copy of the report to the Governor, the Speaker of the Senate, the Speaker of the
House of Representatives, the member or members of the General Assembly making the original
request, and the Secretary of State.
Establishes that, if the AG determines that the ordinance, order, regulation, written policy, or other
violates or would violate state law or the Constitution of Tennessee, the AG to notify the local
government by certified mail, and file a special action in the Supreme Court to resolve the issue.
Requires the Supreme Court to give the action precedence over all other cases. Establishes that the
local government has 30 days to resolve the violation or file an action challenging the conclusion
and any withholding of funds. Authorizes the state to withhold funds administered by the state
allotted or appropriated to the local government, including state-shared taxes, if the entity fails to
resolve the violation within 30 days. Restores such funding to the local government upon the AG’s
determination that the issue has been resolved.
Requires the member of the General Assembly to notify the chief executive officer and governing
body of the local government of the alleged violation before requesting an investigation by the AG.
Authorizes the member of the General Assembly to request an investigation from the AG if the
alleged violation is not resolved, or the local government does not appeal within 60 days of the
written notification from the member.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• The proposed legislation requires the AG, at the request of a member of the General
Assembly, to investigate an ordinance, regulation, order, or other official action adopted or
taken by the chief executive officer or governing body of a local government, or any written
policy, written rule, or written regulation adopted by any agency, department, or other entity
SB 845 - HB 1097 2
of the local government that the member alleges violates, or that would violate if enacted or
enforced, state law or the Constitution of Tennessee.
• Pursuant to Tenn. Code Ann. § 8-6-109(b)(6), the office of the AG is required to give the
Governor, Secretary of State, State Treasurer, Comptroller of the Treasury, members of the
General Assembly and other state officials, when called upon, written legal opinions on all
matters submitted by them in the discharge of their official duties.
• The AG can conduct the required investigations, make determinations of constitutionality,
and perform all other responsibilities within existing resources.
• The Supreme Court can address any special actions filed by the AG within existing judicial
resources.
• The proposed legislation requires the state to withhold state funds to the local government
if the entity fails to resolve the violation within 30 days.
• It is assumed that local governments will comply with the requirements of the proposed
legislation, and resolve any issues related to determinations of unconstitutionality or
violations of state law; therefore, the legislation is not expected to result in any significant
decrease in local revenue.
• Any fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director