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VOL. 133 | NO. 23 | Wednesday, January 31, 2018

Report: 538 Public Records Exemptions in Tennessee Law

By JONATHAN MATTISE, Associated Press

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NASHVILLE, Tenn. (AP) – A report has found that there are now 538 exemptions to Tennessee's public records law, about six times as many as there were three decades ago.

According to the state comptroller's office, the Tennessee Public Records Act only had two statutory exceptions when it was enacted in 1957. By 1988, a legislative committee reported there were 89 exceptions.

In its report released Tuesday, the comptroller's Office of Open Records Counsel found that number has grown to include hundreds of exceptions in Tennessee Code.

"I will tell you, they are hodgepodge all over the Tennessee Code Annotated," Jason Mumpower, comptroller's office chief of staff, told a Senate committee Tuesday. "I think we found them all."

Senate Speaker Randy McNally, R-Oak Ridge, and House Speaker Beth Harwell, R-Nashville, requested the list to evaluate which exemptions may need to be removed or placed in sunset, where lawmakers vote to let a law continue, change it or let it expire. The legislative leaders made the request after reporters asked them about the exemptions last year.

Out of the 538 exemptions, only two are now scheduled to sunset: Protections for investment records of higher education institutions, to sunset in July 2021; and some exceptions for police body camera footage, slated to sunset in July 2022, Mumpower said.

Sen. Ken Yager, a Kingston Republican, said he plans to form a subcommittee during the ongoing legislative to review the report and make recommendations for next session in January 2019, possibly including legislation.

"We should take a very careful approach to this and avoid any knee-jerk type of reaction," Yager said.

The report doesn't include other exceptions that may be in Tennessee court rules, federal law, common law or agency rules.

Some exemptions are obvious, including Social Security numbers, financial routing codes and medical records of people treated at state or local government hospitals.

Others aren't uniform. State employee job performance evaluations are exempt from public disclosure, but city and county employee evaluations are not, Mumpower said.

Some may be obsolete. One exemption requires 911 districts to keep unpublished phone numbers confidential, which traces back to a time when phone books were widely used. But 911 systems now receive numbers over a computer-aided dispatch system, so figuring out if the numbers are unpublished requires extensive research or cooperation from phone companies, Mumpower said.

The comptroller's report does not make any recommendations.

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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