General Assembly

Plain English Breakdown

The candidate explanation included claims about district attorneys general that were not directly supported by the official source material.

Law for Oaths and Affidavits in Tennessee

This law requires executive branch employees to take oaths or sign affidavits when giving statements before legislative committees or submitting documents related to fiscal impact analysis, with penalties for false statements.

What This Bill Does

• Requires the chair of a committee to ask an executive branch employee to give sworn testimony under oath if they appear before the committee.
• Requires the executive director of the fiscal review committee to make employees sign affidavits when submitting documents about the financial impact of proposed laws or resolutions.
• Allows the chair of a legislative committee or the executive director of the fiscal review committee to report suspected false statements to the appropriate speaker for possible legal action.
• Makes it illegal for an executive branch employee to submit false material statements with intent to deceive, punishable as perjury.

Who It Names or Affects

• Executive branch employees who appear before legislative committees or submit financial impact analysis documents.
• Legislative committee chairs and the executive director of the fiscal review committee.
• Speakers of the Senate and House of Representatives.

Terms To Know

Material statement

A written or oral statement that is offered for the truth of the matter contained in the statement.

Affidavit

A sworn, written statement attesting to the accuracy of information submitted by an executive branch employee.

Limits and Unknowns

• The law does not apply to statements or documents given under subpoena.
• It remains unclear how often this law will be enforced in practice.

Official Summary Text

This bill authorizes the
chair of a legislative committee
to
require an employee of the executive branch appearing before the committee to offer a material statement under oath or affirmation, subject to penalty of perjury.

"Employee of the executive branch" includes, but is not limited to, a liaison, employee, or agent of the office of the governor, or the executive head or a liaison, employee, or agent of a department or agency of the executive branch of this state
. Such a
n oath or affirmation may be a
dministered by the chair of the respective committee.

AFFIDAVIT

This bill requires the
executive director of the fiscal review committee
to
require an employee of the executive branch who submits a material statement for the purpose of analyzing the fiscal impact of a

proposed bill or resolution, including an amendment to such bill or resolution
("
legislative measure
")
, or for the purpose of preparing and distributing a fiscal note, as applicable, to execute an affidavit attesting that the material statement submitted is true and correct, subject to penalty of perjury
.

WRITTEN NOTICE

If the chair of a legislative committee or the executive director of the fiscal review committee has reasonable suspicion supported by facts that an employee of the executive branch has submitted a false material statement, in whole or in part, with the i
ntent to deceive while under oath or affirmation, as applicable, then
this bill requires
the chair or executive director
to
provide written notice
under the following circumstances to these persons:



The speaker of the senate if the material statement was germane to a legislative measure before a committee of the senate
.


The speaker of the house of representatives if the material statement was germane to a legislative measure before a committee of the house of representatives
.


Both speakers if the material statement was germane to a legislative measure before a joint committee of both houses of the general assembly.

PROSECUTION

Upon receipt of notice
to either speaker
,
this bill authorizes
the respective speaker
to
refer the allegation of the submission of
one
or more false material statements to the appropriate district attorney general for prosecution. Upon receipt of notice
to both speakers jointly
, the speakers may jointly refer such allegation to the appropriate district attorney general for prosecution. Prior to the referral of an allegation, the speaker or speakers, as applicable, may initiate an investigation into the a
llegation for the purpose of determining whether sufficient evidence exists to justify such referral for prosecution.

PENALTY

This bill provides that an
employee of the executive branch who is found to have submitted
one
or more false material statements with the intent to deceive commits the offense of perjury
, classified as a Class C misdemeanor
.

EXEMPTION

This bill
does not apply to testimony provided or documents submitted pursuant to a
legislative
subpoena.

Current Bill Text

SENATE BILL 1721
By Harshbarger

HOUSE BILL 1698
By Rudd
HB1698
009920
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3;
Title 4; Title 29; Title 39 and Title 40, relative to the
general assembly.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 3, Part 1, is amended by
adding the following as a new section:
3-3-1__.
(a) As used in this section:
(1) "Employee of the executive branch" includes, but is not limited to, a
liaison, employee, or agent of the office of the governor, or the executive head or
a liaison, employee, or agent of a department or agency of the executive branch
of this state;
(2) "Legislative measure" means a proposed bill or resolution, including
an amendment to such bill or resolution; and
(3) "Material statement" means a written or oral statement that is offered
for the truth of the matter contained in the statement.
(b)
(1) The chair of a legislative committee may require an employee of the
executive branch appearing before the committee to offer a material statement
under oath or affirmation, subject to the penalty of perjury.
(2) An oath or affirmation required under subdivision (b)(1) may be
administered by the chair of the respective committee.

- 2 - 009920

(c) The executive director of the fiscal review committee appointed pursuant to §
3-7-107 shall require an employee of the executive branch who submits a material
statement for the purpose of analyzing the fiscal impact of a legislative measure, or for
the purpose of preparing and distributing a fiscal note required under § 3-2-107, as
applicable, to execute an affidavit attesting that the material statement submitted is true
and correct, subject to the penalty of perjury.
(d)
(1) If the chair of a legislative committee or the executive director of the
fiscal review committee has reasonable suspicion supported by facts that an
employee of the executive branch has submitted a false material statement, in
whole or in part, with the intent to deceive while under oath or affirmation
pursuant to subsection (b) or subsection (c), as applicable, then the chair or
executive director shall provide written notice to:
(A) The speaker of the senate if the material statement was
germane to a legislative measure before a committee of the senate;
(B) The speaker of the house of representatives if the material
statement was germane to a legislative measure before a committee of
the house of representatives; or
(C) Both speakers if the material statement was germane to a
legislative measure before a joint committee of both houses of the
general assembly.
(2) Upon receipt of notice under subdivision (d)(1)(A) or (d)(1)(B), the
respective speaker may refer the allegation of the submission of one (1) or more
false material statements to the appropriate district attorney general for
prosecution in accordance with § 3-3-121(c). Upon receipt of notice under

- 3 - 009920

subdivision (d)(1)(C), the speakers may jointly refer such allegation to the
appropriate district attorney general for prosecution. Prior to the referral of an
allegation, the speaker or speakers, as applicable, may initiate an investigation
into the allegation for the purpose of determining whether sufficient evidence
exists to justify such referral for prosecution.
(e) An employee of the executive branch who is found to have submitted one (1)
or more false material statements under this section with the intent to deceive commits
the offense of perjury under § 39-16-702(a).
(f) This section does not apply to testimony provided or documents submitted
pursuant to a subpoena issued pursuant to this chapter 3 or § 3-7-106.
SECTION 2. Tennessee Code Annotated, Section 3-3-121, is amended by adding the
following new subsection (c):
(c) A district attorney general who receives a referral for prosecution under
SECTION 1(d)(2) may prosecute the individual who is the subject of the referral in a
court of competent jurisdiction for such prosecution.
SECTION 3. Tennessee Code Annotated, Section 39-16-702(b), is amended by adding
the following new subdivision (4):
(4) Perjury committed under SECTION 1 is a Class C misdemeanor.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.