1 | 1 | | |
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2 | 2 | | HOUSE BILL 49 |
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3 | 3 | | By Davis |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 245 |
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6 | 6 | | By Haile |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0245 |
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10 | 10 | | 000388 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 8, |
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14 | 14 | | Chapter 7, Part 1 and Title 8, Chapter 7, Part 3, |
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15 | 15 | | relative to district attorneys general. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 8-7-309(a), is amended by adding |
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19 | 19 | | the following as a new subdivision: |
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20 | 20 | | (7) Provide legal counsel and advice to district attorneys general and their staff |
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21 | 21 | | related to the performance of their duties. The legal counsel and advice to district |
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22 | 22 | | attorneys general and their staff may be provided by attorneys employed with the district |
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23 | 23 | | attorneys general conference. |
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24 | 24 | | SECTION 2. Tennessee Code Annotated, Section 8-7-309, is amended by adding the |
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25 | 25 | | following as a new subsection: |
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26 | 26 | | (d) Legal counsel and advice provided pursuant to subdivision (a)(7) is |
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27 | 27 | | confidential and privileged, including any documents or other communications made or |
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28 | 28 | | used in connection with the legal counsel or advice. All communications and documents |
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29 | 29 | | made confidential by this subsection (d) are not public records as defined by § 10-7-503 |
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30 | 30 | | and are not open to public inspection, examination, or copying except pursuant to a valid |
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31 | 31 | | and final court order as provided by § 10-7-505. |
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32 | 32 | | SECTION 3. Tennessee Code Annotated, Section 8-7-302, is amended by designating |
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33 | 33 | | the existing language as subsection (a) and adding the following: |
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34 | 34 | | (b) All meetings of the conference are subject to the open meetings provisions of |
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35 | 35 | | title 8, chapter 44, except that the conference executive committee and the finance and |
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36 | 36 | | audit committee may hold confidential, nonpublic executive sessions to discuss: |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 000388 |
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40 | 40 | | |
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41 | 41 | | (1) Items deemed not subject to public inspection under §§ 10-7-503 and |
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42 | 42 | | 10-7-504, and all other matters designated as confidential or privileged under this |
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43 | 43 | | code; |
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44 | 44 | | (2) Litigation; |
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45 | 45 | | (3) Audits or investigations; |
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46 | 46 | | (4) Information protected by federal law; and |
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47 | 47 | | (5) Matters involving requests, information, investigations, proceedings, |
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48 | 48 | | or prosecutions conducted by a district attorney general pro tem appointed under |
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49 | 49 | | § 8-7-106. |
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50 | 50 | | (c) During a confidential, nonpublic executive session by the executive |
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51 | 51 | | committee or finance and audit committee of the conference, the committee shall not |
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52 | 52 | | consider any business other than matters described in subdivisions (b)(1)–(5). |
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53 | 53 | | (d) A meeting at which both subject matter open to the public and confidential |
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54 | 54 | | subject matter will be discussed must be conducted as follows: |
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55 | 55 | | (1) All business relating to subject matter that is public in nature must be |
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56 | 56 | | conducted first; and |
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57 | 57 | | (2) At the conclusion of the meeting relating to subject matter that is |
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58 | 58 | | public in nature, the chair shall announce that the public portion of the meeting is |
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59 | 59 | | adjourned and that the remainder of the meeting will concern matters that are |
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60 | 60 | | confidential under subdivisions (b)(1)–(5). When everyone at the meeting who is |
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61 | 61 | | not authorized to attend the confidential portion of the meeting has departed, the |
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62 | 62 | | confidential portion of the meeting may commence. |
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63 | 63 | | SECTION 4. Tennessee Code Annotated, Section 8-7-106(b), is amended by deleting |
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64 | 64 | | "specific criminal proceedings, including grand jury proceedings," wherever it appears and |
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65 | 65 | | substituting "specific criminal or civil proceedings, including, but not limited to, grand jury |
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66 | 66 | | |
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67 | 67 | | |
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68 | 68 | | - 3 - 000388 |
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69 | 69 | | |
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70 | 70 | | proceedings; actions for removal of officers under title 8, chapter 47; quo warranto actions under |
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71 | 71 | | title 29, chapter 35; actions for abatement of nuisance under title 29, chapter 3; forfeiture actions |
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72 | 72 | | under title 40, chapter 33, or title 39, chapter 11, part 7; actions pursuant to the Post-Conviction |
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73 | 73 | | Procedure Act codified in title 40, chapter 30, part 1; actions related to the regulation, care, and |
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74 | 74 | | maintenance of cemeteries under § 46-1-304; and any other proceeding". |
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75 | 75 | | SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it. |
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