Tennessee Senate Bill SB2105

Tennessee 2023-2024 Regular Session

• Introduced: 1/29/24
• Engrossed: 3/18/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5 and Title 20, relative to public records.

Impact

The proposed changes in SB2105 are likely to impact state laws by redefining the conditions under which individuals can seek judicial relief for denied access to public records. By restricting standing solely to the requester, the bill may reduce the instances of third-party litigations that can complicate or prolong public records disputes. This could streamline the process for individuals seeking information and enhance clarity in the public records law. However, it raises questions about the potential consequences for public oversight and transparency, as advocacy groups often intervene on behalf of the public interest.

Summary

Senate Bill 2105 aims to amend certain sections of the Tennessee Code Annotated, specifically within Titles 10 and 20, focusing on public records and the standing of requesters in actions related to public records. The key provision introduced by this bill is that only the individual or entity requesting the public records has the standing to file an action against a government body that fails to provide access to such records. This effectively limits the involvement of non-governmental third parties in public records lawsuits, simplifying the legal framework surrounding these requests.

Sentiment

The reception of SB2105 has been largely positive among those who favor reducing litigation complexities around public records. Proponents argue that the bill will help clarify the roles and rights of requesters, thereby promoting a more efficient access to information. Conversely, critics express concern that the elimination of third-party standing could hinder accountability and transparency, as it limits the ability of watchdog organizations to act on behalf of citizens when a government entity disregards public records laws.

Contention

Notable points of contention surrounding SB2105 include the balance between efficiency in public records litigation and the need for robust oversight in maintaining governmental accountability. Critics argue that restricting standing could dissuade individuals from seeking records, especially in cases where they may be intimidated by government power. Additionally, the implications for organizations tasked with advocating for public transparency and accountability remain a significant concern, as these groups often rely on the ability to intervene in legal disputes.