State Government

Plain English Breakdown

The official source material did not include specific details about costs or office space requirements, which were removed from the candidate explanation.

Tennessee Fiscal Review Committee Data Access Act

This bill requires state agencies to provide access to their information and records for the fiscal review committee staff.

What This Bill Does

• Requires all state agencies to give the fiscal review committee staff access to any information or records related to the committee's work, including electronic data systems.
• Specifies that this includes administrative records, financial details, program performance data, and other relevant documents.
• Allows the committee staff to request data in various ways: direct electronic access, reports, or on-site visits when necessary.
• Exempts information if it is legally protected from disclosure by state or federal laws.
• Requires agencies to provide a yearly list of all their data systems and databases used.

Who It Names or Affects

• State agencies such as the Tennessee education lottery corporation, sports wagering council, alcoholic beverage commission, wildlife resources agency, and higher education commission.
• The fiscal review committee staff who will have access to these records.

Terms To Know

Agency

Any department, board, commission, or other entity of the executive branch of Tennessee state government.

Data system

An electronic record system used by an agency to manage information and records.

Limits and Unknowns

• The bill does not allow committee staff to change or update agency data systems.
• It is unclear how much it will cost to implement this requirement, especially for office space and equipment needs of the fiscal review committee staff.

Official Summary Text

This bill creates the requirement for the
fiscal review committee staff
to
have access to all information and records, confidential or otherwise, of any agency, in whatever form the
information and records
may be, that are directly related to the performance of the committee's statutory duties, including, direct electronic access to all agency data systems and databases containing programmatic, financial, contractual, or performance-related information.
Access includes
the ability to inspect, examine, que
ry, and retrieve information and records maintained in paper, electronic, or other form, including:

'

Administrative records, contracts, grant agreements, and related documents.
'

Financial and accounting records, including transaction-level data.
'

Program eligibility, utilization, outcome, and performance data.
'

Records and data housed in enterprise, shared, or integrated data systems maintained by or on behalf of an agency.

"AGENCY" DEFINED

As used in this bill, an
"
a
gency" means the administrative office of the courts and any department, agency, board, commission, office, or other instrumentality of the executive branch of state government, including the departments of state and the treasury.

This also includes the following entities:

'

Tennessee education lottery corporation
,
'

Sports wagering council
,
'

Alcoholic beverage commission
,
'

Wildlife resources agency
, and
'

Tennessee higher education commission
.

METHODS OF COMPLIANCE WITH REQUESTS

This bill requires such access to
be provided as requested by the fiscal review committee staff through
any of the following methods
:

'

Direct, secure electronic access to relevant data systems and databases
.
'

Provision of data extracts, reports, or other machine-readable files
.
'

On-site access to systems and records at agency locations, when necessary to protect system integrity or data security.

EXEMPTIONS TO DISCLOSURE

This
bill does not require an agency to disclose information or provide system access where disclosure to fiscal review committee staff is expressly prohibited by state law, federal law, a federal grant
,
or participation agreement that has the force of law, or by court order.

If an agency asserts that state law, federal law, or court order prohibits disclosure of requested information or denies system access:

'

The agency must, within
10
business days of the request, provide to the fiscal review committee staff a written explanation identifying the specific legal authority relied upon; and the scope of information or access claimed to be restricted.

'

The agency and the fiscal review committee staff must make reasonable efforts to identify redacted, de-identified, aggregated, or limited-access data that may be provided consistent with applicable law or court order; and any technical or procedural accommodations, including on-site review or restricted-use workspaces, that allow the committee to perform its duties while maintaining legal protections.

CONFIDENTIALITY

This bill provides that i
nformation and records obtained by fiscal review committee staff that are otherwise confidential under state or federal law, and for which the disclosure to fiscal review committee staff is not prohibited by state or federal law or court order, retain con
fidential status while in the possession of the committee and are not public records.

This bill requires f
iscal review committee staff
to
maintain appropriate safeguards for confidential information, including training, access controls, and secure storage and transmission consistent with any applicable state information-security standards.

Confidential information and records obtained must be used solely for the performance of the committee's statutory duties. Fiscal review committee staff
is prohibited from
disclos
ing
such confidential information and records to any person, except
as fol
lows:

'

In aggregate, de-identified, or summary form in reports to the general assembly
.
'

As otherwise expressly authorized by law.

TIME PERIOD IN WHICH TO COMPLY WITH A REQUEST

Unless a
shorter period is required under other law,
this bill requires
an agency
to
provide information or access requested by fiscal review committee staff as soon as practicable and without unnecessary delay, and
no
more than 15 business days after actual receipt of the request, unless the agency and committee mutually agree to an alternative schedule for voluminous or technically complex requests.

COMPREHENSIVE LISTING OF ALL DATA SYSTEMS AND DATABASES OF AN AGENCY

Within 30 days of the effective date of this
bill
, and no later than January 1 of each year thereafter,
this bill requires
all agencies
to
provide in writing to the fiscal review committee staff a
comprehensive listing of all data systems and databases used by the agency, including, the names of all data sets contained within any such data system or database, the types of data within each data set, and an explanation of the actual or potential uses
of such data sets.

SCOPE OF AUTHORITY

This bill does not do any of the following:

'

Authorize fiscal review committee staff to alter or update agency data systems or records.
'

Diminish the authority of the comptroller of the treasury, the office of legislative budget analysis, or any other legislative office that has existing statutory access to agency data.
'

Limit the ability of the general assembly to enact more specific data-access provisions for particular programs, agencies, or subject-matter domains.

REQUEST FOR SERVICES OR ADVICE FROM LIS AND OLS

This bill
authorizes
the fiscal review committee staff to request services or advice from the office of legislative information systems
(LIS)
and the office of legal services
(OLS)
to assist the committee in the committee's implementation and administration of this bill.

ACCESS TO DATA HELD BY COMMISSIONER OF FINANCE AND ADMINISTRATION

This bill requires the commissioner of finance and administration to provide the office of legislative budget analysis with full access, including access to budget requests submitted by the various departments and agencies, to the following
data and information
:



Historical data from the state's Budget Entry Analysis and Reporting System (BEARS).


The state's Sherpa budget formulation and management system, or any successor budget management system.


Any information or data held by the office of evidence and impact (OEI), or any successor office.

Current Bill Text

HOUSE BILL 2281
By Martin B

SENATE BILL 2330
By Gardenhire
SB2330
012328
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3,
Chapter 13; Title 3, Chapter 14 and Title 3,
Chapter 7, relative to access to information.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 7, is amended by adding the
following as a new section:
3-7-115. Data access to records and information systems.
(a) For purposes of this section:
(1) "Agency":
(A) Means the administrative office of the courts and any
department, agency, board, commission, office, or other instrumentality of
the executive branch of state government, including the departments of
state and the treasury; and
(B) Includes, but is not limited to, the following entities:
(i) Tennessee education lottery corporation, created by §
4-51-101;
(ii) Sports wagering council, created by § 4-49-105;
(iii) Alcoholic beverage commission, created by § 57-1-
102;
(iv) Wildlife resources agency, created by § 70-1-301; and
(v) Tennessee higher education commission, created by §
49-7-201;

- 2 - 012328

(2) "Data system" means any information system, database, case-
management system, or comparable electronic record system used or
maintained by an agency in the administration of its programs; and
(3) "Fiscal review committee staff" means the executive director of the
fiscal review committee and employees of the committee acting within the scope
of their official duties.
(b) Notwithstanding any law to the contrary, and subject to subsection (d), fiscal
review committee staff shall have access to all information and records, confidential or
otherwise, of any agency, in whatever form they may be, that are directly related to the
performance of the committee's statutory duties, including, but not limited to, direct
electronic access to all agency data systems and databases containing programmatic,
financial, contractual, or performance-related information.
(c) Access under subsection (b):
(1) Includes the ability to inspect, examine, query, and retrieve
information and records maintained in paper, electronic, or other form, including:
(A) Administrative records, contracts, grant agreements, and
related documents;
(B) Financial and accounting records, including transaction-level
data;
(C) Program eligibility, utilization, outcome, and performance
data; and
(D) Records and data housed in enterprise, shared, or integrated
data systems maintained by or on behalf of an agency; and
(2) Must be provided as requested by the fiscal review committee staff
through:

- 3 - 012328

(A) Direct, secure electronic access to relevant data systems and
databases;
(B) Provision of data extracts, reports, or other machine-readable
files; or
(C) On-site access to systems and records at agency locations,
when necessary to protect system integrity or data security.
(d) This section does not require an agency to disclose information or provide
system access where disclosure to fiscal review committee staff is expressly prohibited
by state law, federal law, a federal grant or participation agreement that has the force of
law, or by court order.
(e) If an agency asserts that state law, federal law, or court order prohibits
disclosure of requested information or denies system access:
(1) The agency shall, within ten (10) business days of the request,
provide to the fiscal review committee staff a written explanation identifying:
(A) The specific legal authority relied upon; and
(B) The scope of information or access claimed to be restricted;
and
(2) The agency and the fiscal review committee staff shall make
reasonable efforts to identify:
(A) Redacted, de-identified, aggregated, or limited-access data
that may be provided consistent with applicable law or court order; and
(B) Any technical or procedural accommodations, including on-
site review or restricted-use workspaces, that allow the committee to
perform its duties while maintaining legal protections.
(f)

- 4 - 012328

(1) Information and records obtained by fiscal review committee staff
under this section that are otherwise confidential under state or federal law, and
for which the disclosure to fiscal review committee staff is not prohibited by state
or federal law or court order pursuant to subsection (d), retain their confidential
status while in the possession of the committee and are not public records under
title 10, chapter 7.
(2) Fiscal review committee staff shall maintain appropriate safeguards
for confidential information, including training, access controls, and secure
storage and transmission consistent with any applicable state information-
security standards.
(3) Confidential information and records obtained under this section must
be used solely for the performance of the committee's statutory duties. Fiscal
review committee staff shall not disclose such confidential information and
records to any person, except:
(A) In aggregate, de-identified, or summary form in reports to the
general assembly; or
(B) As otherwise expressly authorized by law.
(g) Unless a shorter period is required under other law, an agency shall provide
information or access requested by fiscal review committee staff as soon as practicable
and without unnecessary delay, and in no event more than fifteen (15) business days
after actual receipt of the request, unless the agency and committee mutually agree to
an alternative schedule for voluminous or technically complex requests.
(h) This section does not:
(1) Authorize fiscal review committee staff to alter or update agency data
systems or records;

- 5 - 012328

(2) Diminish the authority of the comptroller of the treasury, the office of
legislative budget analysis, or any other legislative office that has existing
statutory access to agency data; or
(3) Limit the ability of the general assembly to enact more specific data-
access provisions for particular programs, agencies, or subject-matter domains.
(i) The fiscal review committee staff may request services or advice from the
office of legislative information systems and the office of legal services to assist the
committee in the committee's implementation and administration of this section.
(j) Within thirty (30) days of the effective date of this act, and not later than
January 1 of each year thereafter, all agencies shall provide in writing to the fiscal review
committee staff a comprehensive listing of all data systems and databases used by the
agency, including, but not limited to, the names of all data sets contained within any
such data system or database, the types of data within each data set, and an
explanation of the actual or potential uses of such data sets.
SECTION 2. Tennessee Code Annotated, Section 3-14-202(h), is amended by adding
the following as a new subdivision:
(3) The commissioner of finance and administration shall provide the office of
legislative budget analysis with full access, including access to budget requests
submitted by the various departments and agencies, to the following:
(A) Historical data from the state's Budget Entry Analysis and Reporting
System (BEARS);
(B) The state's Sherpa budget formulation and management system, or
any successor budget management system; and
(C) Any information or data held by the office of evidence and impact
(OEI), or any successor office.

- 6 - 012328

SECTION 3. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.