SB 1065 - HB 1128
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 3, 2025
Fiscal Analyst: Laura Moore | Email: laura.moore@capitol.tn.gov | Phone: 615-741-2564
SB 1065 - HB 1128
SUMMARY OF BILL: Requires the Tennessee Peace Officer Standards and Training
(POST) Commission to issue a certificate of compliance to a qualified county constable, provided
that the person meets the qualifications for employment as a police officer and completes an
approved recruit training program. Requires a POST-certified constable to complete annual in-
service training to retain the POST certification. Specifies that a constable is not required to be
certified by the POST commission to perform the duties of a constable.
Requires each new constable elected or appointed on or after July 1, 2025, to complete 128 hours of
training in law enforcement duties during the first year following the constable’s election or
appointment. Requires the new constable to be paired with a POST-certified constable or law
enforcement officer before completing the training requirements, except for those who are elected
or appointed within five years of having served as a full-time, POST-certified law enforcement
officer. Waives the required 128 hours of training if the constable completes a comparable basic law
enforcement course within one year of the date of election or appointment.
Removes the Class C misdemeanor offense for a constable who exercises their authority prior to
completing their required in-service education.
FISCAL IMPACT:
LOCAL GOVERNMENT
REVENUE Mandatory
FY25-26 & Subsequent Years $661,500
Assumptions:
• Pursuant to Tenn. Code Ann. § 38-8-107(a), the POST commission shall issue a certificate
of compliance to any person who meets the qualifications for employment and satisfactorily
completes an approved recruit training program. All officers must:
o Enroll in an approved recruit training program within six months of their date of
employment;
o Successfully complete an approved recruit training program as required by current
law; and
o Successfully complete an annual in-service training session appropriate for their
rank and responsibilities.
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• The proposed legislation requires the POST commission to also issue a certificate of
compliance to any duly elected or appointed constable; provided, that the person meets the
qualifications for employment as a police officer and satisfactorily completes an approved
recruit training program as required under current law. To retain such certification, the
constable must also successfully complete an annual in-service training session appropriate
for the constable's responsibilities.
• Pursuant to Tenn. Code Ann. § 8-10-202(a) each constable elected must complete 40 hours
of in-service course time for each 12-month period during which the constable holds office,
beginning on the date the constable is sworn into office.
• Pursuant to Tenn. Code Ann. § 8-10-201, the Tennessee Constable Association, the
Tennessee Constable Council, and the East Tennessee Constables Association may develop
and maintain a series of in-service education courses to be offered routinely throughout the
year in the various divisions of the state. These courses shall be offered at nights or on
weekends so as not to interfere with the constables' other full-time work. Courses offered
shall contain information pertinent to the various aspects of civil and criminal process,
firearms certification, and other issues relative to the powers and duties of constables. The
constables shall pay costs of the courses unless state or local funds are made available.
Upon completion of the in-service course, the Tennessee Constable Association, the
Tennessee Constable Council, or the East Tennessee Constables Association, as applicable,
must issue a certificate of completion to each officer.
• As constables are already completing an annual in-service training, there is estimated to be
no cost for the additional required in-service under POST or to the constable.
• The proposed legislation specifies that a constable is not required to be certified by the
POST commission in order to perform the duties of a constable. Therefore, whether or
not a constable seeks to obtain a certificate of compliance from the POST Commission is
understood to be optional.
• Any update to POST rules and regulations can be accommodated with existing resources
during the course of normal business duties.
• It is not known how many constables currently meet the qualifications for employment to
be eligible to be POST-certified.
• It is assumed, however, that those constables are former full-time law enforcement officers,
and, according to DCI, there will be no significant impact to issue a certificate of
compliance to a qualified county constable.
• According to DCI, the basic recruit training program is 488 hours over 9-12 weeks.
• Therefore, it is not expected that other constables will seek to become POST-certified due
to the prohibitive cost and time associated with attaining such certification. The
certification is not required for the constable to perform the constable’s duties. Any fiscal
impact to the DCI related to constable certification is estimated to be not significant.
• This legislation requires each new constable elected or appointed on or after July 1, 2025, to
complete 128 hours of training in law enforcement duties.
• It is not known what availability currently exists to accommodate the additional constable
training. There are currently law enforcement training academies that could satisfy such
requirements offered at various places across the state, most if not all of which are public
entities. The average cost per student to complete one of these courses is approximately
$3,500.
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• According to DCI, there is not availability at the Tennessee Law Enforcement Training
Academies to accommodate the additional constable training.
• Based on previous information provided by the Tennessee Constables Association, there is
estimated to be approximately 378 constable positions across the state.
• Pursuant to Tenn. Code Ann. § 8-10-101(a)(1)-(2), the term for a constable can be
established by a county to be for either two or four years. This analysis assumes the average
term of office is two years.
• Therefore, it is assumed that each year, roughly half of all constables, or 189 constables (378
constables x 50%), in the state will be required to complete the required training.
• It is assumed they will be receiving the required training at an academy run by a local public
entity or law enforcement agency, and that each constable will be responsible for paying out
of pocket for the required training.
• The increase in local revenue related to constable training is therefore estimated to be
$661,500 (189 constables x $3,500) in FY25-26 and subsequent years.
• The legislation provides that the 128-hr training requirement may be waived if the officer
successfully completes a comparable basic law enforcement course within one year of the
date of election or appointment. It is not known what would be considered a comparable
basic law enforcement course under the legislation. No such waivers are assumed in this
analysis.
• The elimination of the Class C misdemeanor offense is not expected to result in any
significant impact to local revenue or expenditures.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director