Public Records

Plain English Breakdown

The official source material did not provide specific details about updating guidelines on reasonable charges, only that it amends existing sections related to these fees.

Public Records Fee Changes

This bill changes how government entities in Tennessee can charge fees for people to view and copy public records.

What This Bill Does

• Eliminates a rule that stops government entities from charging fees to look at public records unless required by law.
• Allows custodians of records to ask requesters to pay the costs of making copies or preparing materials for inspection.
• Requires people who want redacted copies of records to cover the costs associated with redacting those records.

Who It Names or Affects

• Government entities in Tennessee that hold public records
• People requesting access to or copies of public records

Terms To Know

Records custodian

A person responsible for managing and providing access to public records.

Redaction

The process of removing or covering up parts of a document that are confidential or not allowed to be shared.

Limits and Unknowns

• It's unclear how much extra money the state and local governments will get from these changes.
• The bill does not specify who exactly is responsible for setting the new fee guidelines.

Official Summary Text

Present law prohibits a governmental entity from
assessing a charge to view a public record unless otherwise required by law. This bill eliminates that prohibition.

PRODUCTION OF RECORDS FOR INSPECTION

Present law authorizes a records custodian to charge a requestor a fee to pay the custodian's reasonable costs incurred in producing the requested material for inspection. This bill also authorizes a records custodian to charge a requester the reasonabl
e costs of copies of such requested material.

REDACTION OF RECORDS

Present law requires costs associated with redacting records, including the cost of copies and staff time to provide redacted copies, as provided in the schedule of reasonable charges promulgated by the office of open records counsel. This bill instead
requires such costs to be borne by the requestor seeking to inspect or receive copies of records that require redaction.

Current Bill Text

SENATE BILL 2540
By Hatcher

HOUSE BILL 2500
By Alexander
HB2500
012564
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8,
Chapter 4, Part 6 and Title 10, Chapter 7, Part 5,
relative to public record fees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 10-7-503(a)(7)(A)(i), is amended by
deleting the subdivision and substituting:
(i) A governmental entity shall not require a written request to view a public
record unless otherwise required by law. Requests to view public records may be
submitted in person or by telephone, fax, mail, or email if the governmental entity uses
such means of communication to transact official business, or via internet portal if the
governmental entity maintains an internet portal that is used for accepting public records
requests.
SECTION 2. Tennessee Code Annotated, Section 10-7-503(a)(5), is amended by
deleting the subdivision and substituting instead the following:
(5) Information made confidential by state law shall be redacted whenever
possible, and the redacted record shall be made available for inspection and copying.
The redaction of confidential information shall not constitute the creation of a new
record. Costs associated with redacting records, including the cost of copies and staff
time to provide redacted copies, shall be borne by the requestor seeking to inspect or
receive copies of records that require redaction.
SECTION 3. Tennessee Code Annotated, Section 10-7-503(a)(7)(B)(i), is amended by
deleting the subdivision and substituting instead the following:

- 2 - 012564

(i) A records custodian may require a requestor to pay the custodian's
reasonable costs incurred in producing the requested material for inspection and the
reasonable costs of copies of such requested material. The reasonable costs must be
assessed in the manner established by the office of open records counsel pursuant to §
8-4-604.
SECTION 4. Tennessee Code Annotated, Section 8-4-604(a)(1)(A), is amended by
deleting the first sentence and substituting:
A schedule of reasonable charges that a records custodian may use as a
guideline to charge a citizen requesting to inspect or make copies of public records
pursuant to title 10, chapter 7, part 5.
SECTION 5. This act takes effect on July 1, 2026, the public welfare requiring it.