' Subsection (e) further provides that all business of the General Assembly will be transacted by the House of Representatives; and the House of Representatives by the Senate; provided, that a majority, but not less than a majority, of each such House shall comprise a quorum for all business, and all matters within its jurisdiction. The act contains numerous provisions relating to records and records management. It is the intent of the Legislature to improve and reinforce the existing law, particularly that related to records in the state archives, state agencies, and public school systems. The main purpose of the act is to make governmental records more accessible to the public. The legislature considered several proposals relating to records, but the majority of the recommendations in the public testimony were concerned with the need to simplify the law and emphasize openness. Subsection (a) of subsection (e) of the Public Records Act permits the use of such information by either the governor or the speaker of the House of Representatives or the president of the Senate, whichever is appropriate, to initiate or pursue inquiries, investigations, or investigations concerning the performance of their respective offices (Tenn. Code Ann. §§ 7-27-106 and 7-27-110). The act creates a presumption that public records can be obtained through an official request or subpoena (Tenn. Code Ann. § 7-27-107 [2013]). However, the legislature decided that the presumption should not apply where the request or subpoena contains a provision prohibiting disclosure, including in circumstances where the record may not otherwise be available except through an official request or subpoena. Subsection (d)(3) of subsection (e) provides for a public records exemption from disclosure by a state or local agency. The exemption is available only for records created by the agency and not by an official request or subpoena, to which the agency is legally bound (Tenn. Code Ann. § 7-27-108[2012]). The act requires agencies to have a written records' management policy that sets forth standards and methods for compliance (Tenn. Code Ann. §§ 7-27-110[2013]).
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Lunch and Learn: Recent Changes to the Tennessee Public Records Act Elisha D. Hodge, Esq. Open Records Specialist Office of Open Records Counsel Background Information The act was passed as a symbol
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