SB 1114 - HB 1293
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 26, 2025
Fiscal Analyst: Justin Billingsley | Email: justin.billingsley@capitol.tn.gov | Phone: 615-741-2564
SB 1114 - HB 1293
SUMMARY OF BILL: Deletes the automatic repeal on July 1, 2025 of a provision which
authorizes records custodians to seek an injunction against a person who makes requests to view or
copy public records with the intent to disrupt government operations.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 10-7-503(a)(7)(C), when a person makes a request to view
or copy a public record with the intent to disrupt government operations, the records
custodian charged with fulfilling the request may petition a court of record of competent
jurisdiction for an order to prohibit the person from making records requests.
• The records custodian must notify the person making such disruptive requests after their
fifth request, that such conduct may constitute intent to disrupt government operations in
violation of state law.
• After such notification is provided, the records custodian may file a petition with the
appropriate court, and while the case is pending, the records custodian must continue to
comply with such open records requests. If the court grants such petition, the person
making such requests is required to reimburse the records custodian for the labor costs
incurred in producing such requests during the pendency of the case.
• A court, finding clear and convincing evidence that a records request was made with intent
to disrupt government operations, may prevent the person making such request from
making a public records request for a period of up to one year; provided, such person, while
subject to the injunction, may petition the same court for permission to make a public
records request and the court may approve such petition if the petitioner shows that the
public records request is not made with the intent to disrupt government services.
• Pursuant to Tenn. Code Ann. § 10-7-503(a)(7)(C)(v), any records custodian who petitions a
court for injunction for the aforementioned reasons must provide a written report to the
Office of Open Records Counsel (OORC), which is administratively attached to the
Comptroller of the Treasury (COT).
• According to the COT, the OORC has never received any such written report, nor has any
governmental entity indicated that any such injunction has been sought or granted.
• Therefore, deleting this repealing language will result in no significant impact to state or
local government.
SB 1114 - HB 1293 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director