SB 1351 - HB 1394 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 9, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 SB 1351 - HB 1394 SUMMARY OF BILL: Requires the Tennessee Bureau of Investigation (TBI) to maintain with each case file copies of all original investigative materials, including, but not limited to audio and video files, recordings, transcripts, documents, reports, paperwork, and other print or digital media generated by the Bureau and germane to an investigation by the Bureau. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES General Fund FY25-26 $400,000 FY26-27 & Subsequent Years $150,000 OTHER FISCAL IMPACT It is estimated that the Tennessee Bureau of Investigation will require significant additional recurring funding in future years to accommodate the physical storage requirements of the legislation. The storage needs and related expenditures will continue to compound each year as the legislation is assumed to require storage in perpetuity. Storage needs could eventually require the construction of additional sophisticated storage facilities. Significant additional expenditures could also be required for digitization services. The extent and timing of the expenditures required cannot be reasonably determined at this time. Assumptions: • The proposed legislation requires the TBI to keep all original investigative materials with each investigative case file. Such investigative materials include, but are not limited to, audio and video files, recordings, transcripts, documents, reports, paperwork, and other print or digital media generated by the Bureau and relevant to an investigation. • The TBI asserts that retention of paper photocopies and electronic copies of original investigative materials would also be required under the proposed legislation. The TBI will require additional physical and electronic storage space to store these materials. • Four of the TBI’s divisions (Medicaid Fraud Control, Technology & Innovation, Criminal Investigations, Drug Investigations) operate within eight office locations. The TBI also operates three lab locations. SB 1351 - HB 1394 2 • It is estimated that each division within each location will require an additional 300 square feet of storage space each year, or 10,500 square feet {[(4 divisions x 8 locations) + 3 labs] x 300} beginning at some point in the near future. • However, at the time of drafting, it was not clear what the current capacity for additional storage is, what the current policies for storage and purging currently are and how the legislation affects such, and when exactly the additional physical storage needs will be necessary. • The legislation is assumed to require such retention in perpetuity. • Because of this, the storage needs will continue to compound each year. • The TBI asserts that eventually the legislation could require the construction of three sophisticated storage warehouses – one in each of the three grand divisions – at significant expense. • The precise increase in expenditures to the TBI required to accommodate the physical storage needs, and the timing of those expenditures is unclear. It is assumed that the Bureau can accommodate the legislation’s requirements in this regard in FY25-26 within existing resources. • However, it is assumed that the Bureau will need to expand its electronic storage capacity in FY25-26 at an estimated recurring cost of $150,000 per year in cloud storage under the relevant vendor. An additional $250,000 will be required for hardware and consulting services to support the expansion. • The total increase in expenditures to the TBI is estimated to be $400,000 ($150,000 cloud + $250,000 hardware and consulting) in FY25-26 and $150,000 (cloud storage) in FY26-27 and subsequent years. • The TBI may also incur significant future expenditures related to ongoing digitization. The Bureau is currently under a one-year contract to digitize one division at a cost of $1,500,000. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director