SB 136 - HB 152
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 27, 2025
Fiscal Analyst: Justin Billingsley | Email: justin.billingsley@capitol.tn.gov | Phone: 615-741-2564
SB 136 - HB 152
SUMMARY OF BILL: Establishes limitations on when and how a member of a county
legislative body (CLB) or a municipal legislative body (MLB) may participate in scheduled CLB or
MLB meetings via electronic means, as well as the number of members who may participate
electronically. Establishes certain access and notification requirements. Requires CLBs and MLBs to
establish policies for the conduction of meeting with electronic participation. Authorizes CLBs and
MBLs to opt-in or opt-out of electronic participation upon a two-thirds majority vote of the
respective body. Repeals the act on July 1, 2028.
FISCAL IMPACT:
OTHER FISCAL IMPACT
Due to multiple unknown factors, the extent and timing of any recurring, permissive increase in
local government expenditures, until July 1, 2028, cannot reasonably be determined.
Assumptions:
• Pursuant to Tenn. Code Ann. § 8-44-109, CLBs and MLBs are authorized to allow
members to participate in meetings via electronic means, in certain circumstances; however,
members participating via electronic means are ineligible for receipt of per diem.
• The proposed language:
o Authorizes a CLB or MLB to allow members to participate in meetings
electronically, or to opt out of electronic participation, by resolution or by
ordinance, respectively.
o Specifies that if a CLB or MLB allows electronic participation, then CLB and MLB
members are only allowed to participate in meetings electronically if they are dealing
with a family or medical emergency, are called into military service, or are unable to
attend in person due to inclement weather;
o Prohibits CLBs and MLBs from conducting meetings utilizing electronic
participation unless a quorum is physically present at the meeting location;
o Limits the number of members who can participate electronically to three members;
o Limits the number of times a CLB or MLB member may participate electronically
to two times per year;
o Requires all meetings of a CLB or MLB conducted by electronic means to be
accessible to the public in real-time live audio or video access and for a recording of
such meeting to be made available to the public within two business days after the
meeting; and
SB 136 - HB 152 2
o Requires public notice of such meeting to provide how the public can access the
meeting.
• This analysis assumes:
o Any resolution or ordinance allowing members to participate electronically will
occur at a regularly scheduled meeting of the CLB or MLB, respectively.
o CLB and MLB members do not currently participate via electronic means
frequently given that such participation is ineligible for per diem;
o Under the proposed legislation, the number of CLB or MLB members who will
participate electronically will be similar to current participation rates due to the
specific criteria established for electronic participation;
o Policies adopted by CLBs and MLBs will address per diem eligibility of members
participating electronically;
o Any CLB or MLB opting to allow electronic participation by members currently has
the necessary infrastructure in place to meet the requirements for meeting
electronically; and
o Requiring additional information to be included in the public notice for meetings
conducted electronically will not result in any significant fiscal impact to local
government.
• In the event a CLB or MLB establishes a policy which maintains per diem ineligibility for
electronic participation, the increase in local government expenditures is considered not
significant.
• In the event a CLB or MLB elects to allow for electronic participation and permits
members to receive per diem, there will be a permissive increase in local government
expenditures.
• However, due to multiple unknown factors, such as the number of CLBs or MLBs that will
elect to opt-in, the extent of per diem paid to individual members, and the timing of any
payments, the extent and timing of any recurring permissive increase or decrease in local
expenditures until July 1, 2028 cannot reasonably be determined.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director