CHAPTER NO. 906

HOUSE BILL NO. 1935

By Representative Phelan

Substituted for: Senate Bill No. 1920

By Senator Carter

AN ACT to amend Tennessee Code Annotated, Section 39-16-504, relative to government records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-16-504, is amended by adding the following new subsections:

(c)(1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section.

(2) Such records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED: April 22, 1998

APPROVED this 7th day of May 1998