T. C. A. § 10-7-503 West's Tennessee Code Annotated Currentness Title 10. Public Libraries, Archives and Records Chapter 7. Public Records (Refs & Annos) Part 5. Miscellaneous Provisions (Refs & Annos) § 10-7-503. Inspection by citizens; confidentiality; availability; law enforcement personnel records (a)(1) As used in this part and title 8, chapter 4, part 6, “public record or records” or “state record or records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. (2)(A) All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. (B) The custodian of a public record or the custodian's designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days: (i) Make the information available to the requestor; (ii) Deny the request in writing or by completing a records request response form developed by the office of open records counsel. The response shall include the basis for the denial; or (iii) Furnish the requestor a completed records request response form developed by the office of open records counsel stating the time reasonably necessary to produce the record or information. (C) Deleted by the code commission in 2008. (3) Failure to respond to the request as described in subdivision (a)(2) shall constitute a denial and the person making the request shall have the right to bring an action as provided in § 10-7-505. (4) This section shall not be construed as requiring a governmental entity or public official to sort through files to compile information; however, a person requesting the information shall be allowed to inspect the nonexempt records. (5) This section shall not be construed as requiring a governmental entity or public official to create a record that does not exist; however, the redaction of confidential information from a public record or electronic database shall not constitute a new record. (6) A governmental entity is prohibited from avoiding its disclosure obligations by contractually delegating its responsibility to a private entity. (7)(A) A records custodian may not require a written request or assess a charge to view a public record unless otherwise required by law; however, a records custodian may require a request for copies of public records to be in writing or that the request be made on a form developed by the office of open records counsel. The records custodian may also require any citizen making a request to view a public record or to make a copy of a public record to present a photo identification, if the person possesses a photo identification, issued by a governmental entity, that includes the person's address. If a person does not possess a photo identification, the records custodian may require other forms of identification acceptable to the records custodian. (B) Any request for inspection or copying of a public record shall be sufficiently detailed to enable the records custodian to identify the specific records to be located or copied. (C)(i) A records custodian may require a requestor to pay the custodian's reasonable costs incurred in producing the requested material and to assess the reasonable costs in the manner established by the office of open records counsel pursuant to § 8-4-604. (ii) The records custodian shall provide a requestor an estimate of the reasonable costs to provide copies of the requested material. (b) The head of a governmental entity may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to maintain the confidentiality of records concerning adoption proceedings or records required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program. (c)(1) Except as provided in § 10-7-504(g), all law enforcement personnel records shall be open for inspection as provided in subsection (a); however, whenever the personnel records of a law enforcement officer are inspected as provided in subsection (a), the custodian shall make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the officer whose personnel records have been inspected: (A) That such inspection has taken place; (B) The name, address and telephone number of the person making such inspection; (C) For whom the inspection was made; and (D) The date of such inspection. (2) Information made confidential by this chapter shall be redacted whenever possible, but the costs associated with redacting records or information, including the cost of copies and staff time to provide redacted copies, shall be borne as provided by current law. (3) Any person making an inspection of such records shall provide such person's name, address, business telephone number, home telephone number, driver license number or other appropriate identification prior to inspecting such records. (d)(1) All records of any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i) shall be open for inspection as provided in subsection (a); provided, that any such organization shall not be subject to the requirements of this subsection (d) so long as it complies with the following requirements: (A) The board of directors of the organization shall cause an annual audit to be made of the financial affairs of the organization, including all receipts from every source and every expenditure or disbursement of the money of the organization, made by a disinterested person skilled in such work. Each audit shall cover the period extending back to the date of the last preceding audit and it shall be paid out of the funds of the organization; (B) Each audit shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) for local governments; (C) The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards, and determining whether the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury; (D) The audits may be prepared by a certified public accountant, a public accountant or by the department of audit. If the governing body of the municipality fails or refuses to have the audit prepared, the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department to prepare the audit. The cost of such audit shall be paid by the organization; (E) Each such audit shall be completed as soon as practicable after the end of the fiscal year of the organization. One (1) copy of each audit shall be furnished to the organization and one (1) copy shall be filed with the comptroller of the treasury. The copy of the comptroller of the treasury shall be available for public inspection. Copies of each audit shall also be made available to the press; and (F) In addition to any other information required by the comptroller of the treasury, each audit shall also contain: (i) A listing, by name of the recipient, of all compensation, fees or other remuneration paid by the organization during the audit year to, or accrued on behalf of, the organization's directors and officers; (ii) A listing, by name of recipient, of all compensation and any other remuneration paid by the organization during the audit year to, or accrued on behalf of, any employee of the organization who receives more than twenty-five thousand dollars ($25,000) in remuneration for such year; (iii) A listing, by name of beneficiary, of any deferred compensation, salary continuation, retirement or other fringe benefit plan or program (excluding qualified health and life insurance plans available to all employees of the organization on a nondiscriminatory basis) established or maintained by the organization for the benefit of any of the organization's directors, officers or employees, and the amount of any funds paid or accrued to such plan or program during the audit year; and (iv) A listing, by name of recipient, of all fees paid by the organization during the audit year to any contractor, professional advisor or other personal services provider, which exceeds two thousand five hundred dollars ($2,500) for such year. Such listing shall also include a statement as to the general effect of each contract, but not the amount paid or payable thereunder. The provisions of this subsection (d) shall not apply to any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i), that employs no more than two (2) full-time staff members. (2) The provisions of this subsection (d) shall not apply to any association, organization or corporation that was exempt from federal income taxation under the provisions of § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)) as of January 1, 1998, and which makes available to the public its federal return of organization exempt from income tax (Form 990) in accordance with the Internal Revenue Code and related regulations. (e) All contingency plans of law enforcement agencies prepared to respond to any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident shall not be open for inspection as provided in subsection (a). (f) All records, employment applications, credentials and similar documents obtained by any person in conjunction with an employment search for a director of schools or any chief public administrative officer shall at all times, during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of such records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. For the purposes of this subsection (f), the term “person” includes a natural person, corporation, firm, company, association or any other business entity. CREDIT(S) 1957 Pub.Acts, c. 285, § 1; 1981 Pub.Acts, c. 376, § 1; 1984 Pub.Acts, c. 929, §§ 1, 3; 1991 Pub.Acts, c. 369, § 7; 1993 Pub.Acts, c. 475, § 1, eff. May 31, 1993; 1998 Pub.Acts, c. 1102, §§ 2, 4, eff. May 19, 1998; 1999 Pub.Acts, c. 514, § 1, eff. June 17, 1999; 2000 Pub.Acts, c. 714, § 1, eff. May 17, 2000; 2005 Pub.Acts, c. 263, § 1, eff. May 28, 2005; 2007 Pub.Acts, c. 425, § 1, eff. June 13, 2007; 2008 Pub.Acts, c. 1179, § 1, eff. July 1, 2008. Formerly § 15-304. HISTORICAL AND STATUTORY NOTES The code commission deleted subsec. (a)(2)(C) in 2008. Former subsec. (a)(2)(C) read: “(C)(i) Until the office of open records counsel develops a schedule of reasonable charges in accordance with § 8-4-604(a), a records custodian may require a to pay the custodian’s actual costs incurred in producing the requested material; provided, that no charge shall accrue for the first five (5) hours incurred by the records custodian in producing the requested material. The actual costs shall include, but not be limited to: “(a) The making of extracts, copies, photographs or photostats; and “(b) The hourly wage of an employee or employees reasonably necessary to produce the requested information. “(ii) When the schedule of reasonable charges is developed, subdivision (a)(7)(C)(i) shall become effective. “(iii) Following the development of the schedule of reasonable charges by the office of open records counsel, the office of open records counsel shall notify the code commission. When the code commission receives the notice, this subdivision (a)(2)(C) shall no longer apply and the language in this subdivision (a)(2)(C) shall be repealed and deleted by the code commission as volumes are replaced or supplements are published.” The code commission was advised by the comptroller’s office that the office of open records counsel has developed a schedule of reasonable charges. CROSS REFERENCES Agency rules, orders, decisions and publications, inspection and copying, see § 4-5-218. Baccalaureate education system trust, records available to the public, see § 49-7-804. Child care agencies, inspection of persons or entities providing child care, agency records, see § 71-3-508. Child care broker services, open records of contract or grant with the state, see § 71-3-513. Civil service test ratings and list of eligibles, see § 8-30-307. Claims administration, amount of funds reserved for each claim for the claims award fund, confidentiality, see § 9-8-307. Clerks of court, records on computer, availability for public inspection, see §§ 16-15-303, 18-1-105. Complaints of judicial misconduct or incapacity, filing of formal charges, records and proceedings subject to this section, see § 17-5-304. Health care consumer right-to know, public records, see § 63-51-116. Higher education institution, research data, annual report of confidential and privileged information, see § 49-7-120. High school graduation, proficiency tests, confidentiality, see § 49-6-6001. Insurance companies, delinquency proceedings, records, see § 56-9-133. Insurance companies, rehabilitation and liquidation, see §§ 56-9-202, 56-9-504. Legislative computer system, applications for access, confidential information, see § 3-10-108. Library records that identify users, prohibited disclosure, see § 10-8-102. Motor vehicle accidents, reports open to the public, see § 55-10-108. Nursing homes, resident morbidity and mortality data, confidentiality, see § 68-11-909. Prepaid health services, confidentiality of information, see § 56-51-150. Qualified public depositories, reports, confidential information, see § 9-4-518. Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, availability for public inspection, see § 68-11-1001. Statewide enhanced 911 service, records available to the public, see §§ 7-86-302, 7-86-317. LAW REVIEW AND JOURNAL COMMENTARIES 2008 Public Records Act. Craig E. Willis, 45 Tenn. B.J. 20 (June 2009). The Tennessee Public Records Act. Craig E. Willis, 43 Tenn. B.J. 20 (Feb. 2007). Updating Tennessee's Public Records Law. Douglas Pierce, 24 Tenn. B.J. 24 (Sept./Oct. 1988). LIBRARY REFERENCES Key Numbers Records 31, 53 to 60. Westlaw Key Number Searches: 326k53 to 326k60; 326k31. Corpus Juris Secundum C.J.S. Criminal Law §§ 449 to 450. C.J.S. Records §§ 74 to 92, 99 to 111. RESEARCH REFERENCES ALR Library 27 ALR 4th 680, What Are “Records” of Agency Which Must be Made Available Under State Freedom of Information Act. 27 ALR 4th 742, What Constitutes an Agency Subject to Application of State Freedom of Information Act. 82 ALR 3rd 19, Validity, Construction, and Application of Statutory Provisions Relating to Public Access to Police Records. Encyclopedias 110 Am. Jur. Trials 367, Litigation Under Freedom of Information Act. Forms Am. Jur. Pl & Pr Forms Freedom of Information Act § 46, Introductory Comments. Treatises and Practice Aids 20 Tennessee Employment Law Letter 3, Overview of 2005 Tennessee Employment Legislation. UNITED STATES SUPREME COURT Records open to inspection, Disclosure of documents submitted to federal agency by Indian tribes, see Department of Interior v. Klamath Water Users Protective Ass'n, 2001, 121 S.Ct. 1060, 532 U.S. 1, 149 L.Ed.2d 87. District court tax decisions as agency records of Department of Justice, alternative sources, see U.S. Dept. of Justice v. Tax Analysts, U.S.Dist.Col.1989, 109 S.Ct. 2841, 492 U.S. 136, 106 L.Ed.2d 112. Freedom of information, public interest test, Bureau of Land Management mailing list, see Bibles v. Oregon Natural Desert Ass'n, 1997, 117 S.Ct. 795, 519 U.S. 355, 167 A.L.R. Fed. 821, 136 L.Ed.2d 825, on remand 125 F.3d 1282. Presentence investigation reports, disclosure to prisoners under Freedom of Information Act, see U.S. Dept. of Justice v. Julian, U.S.Ariz.1988, 108 S.Ct. 1606, 486 U.S. 1, 100 L.Ed.2d 1, on remand 859 F.2d 124. Exemption of particular records, In general, Freedom of information, law enforcement records exemption, death scene photographs, privacy interest of family, public interest, see National Archives and Records v. Favish, 2004, 124 S.Ct. 1570. Personnel and medical files exemption, similar files, interviews of Haitian nationals returned to Haiti, invasion of privacy, see U.S. Dept. of State v. Ray, U.S.Fla.1991, 112 S.Ct. 541, 502 U.S. 164, 116 L.Ed.2d 526. Press freedom, newspaper liability, publishing name of rape victim, see The Florida Star v. B.J.F., U.S.Fla.1989, 109 S.Ct. 2603, 491 U.S. 524, 105 L.Ed.2d 443. Law enforcement exemption, FOIA, FBI rap sheet, personal privacy interest, see U.S. Dept. of Justice v. Reporters Committee For Freedom of Press, U.S.Dist.Col.1989, 109 S.Ct. 1468, 489 U.S. 749, 103 L.Ed.2d 774. Freedom of information, confidential sources, presumptions, see U.S. Dept. of Justice v. Landano, U.S.N.J.1993, 113 S.Ct. 2014, 508 U.S. 165, 124 L.Ed.2d 84, on remand 873 F.Supp. 884. Public records, time of compilation, see John Doe Agency v. John Doe Corp., U.S.N.Y.1989, 110 S.Ct. 471, 493 U.S. 146, 107 L.Ed.2d 462, rehearing denied 110 S.Ct. 884, 493 U.S. 1064, 107 L.Ed.2d 966. NOTES OF DECISIONS In general 1 Construction and application 2 Construction with federal laws and rules 2.7 Construction with other laws 2.5 Denial of disclosure 9.5 Discovery 11 Fee for disclosure 8 Functional equivalency 3.5 Identification of persons 4.5 Identification of records 4 Non-citizens 10 Notice and hearing 12 Notice of disclosure 9 Personnel records 6.5 Presumptions and burden of proof 13 Public records defined 3 Records not subject to inspection 6 Records subject to inspection 5 Review 14 Standing to seek disclosure 7 1. In general Neither municipality nor the Tennessee Attorney General have the power to create exceptions to Tennessee's Open Records Act. Deja Vu of Nashville, Inc. v. Metropolitan Government of Nashville and Davidson County, Tennessee, 2001, 274 F.3d 377, rehearing and suggestion for rehearing en banc denied, certiorari denied 122 S.Ct. 1952, 535 U.S. 1073, 152 L.Ed.2d 855. Records 54 Tennessee statutes, requiring all records to be available for public inspection, provided strong reason for vacating consent decree, entered prior to adoption of statute, prohibiting disclosure of names of persons arrested but not convicted. Doe v. Briley, 2007, 511 F.Supp.2d 904, affirmed 562 F.3d 777. Federal Civil Procedure 2397.4 When the public's access to public records is at issue, the courts should take great care to draft their orders with precision to avoid unnecessarily or inadvertently impeding access to the public records. Konvalinka v. Chattanooga-Hamilton County Hosp. Authority, 2008, 249 S.W.3d 346. Records 30 Public's right of access to government records must be balanced with the burden the disclosure of these records will place on the government. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 64 Subject to several narrow exceptions, records in the hands of private parties are beyond the reach of public records statutes. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 54 Scope and application of public records statutes are purposefully broad; they are an all encompassing legislative attempt to cover all printed matter created or received by government in its official capacity. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 50 Purpose of public records statutes is to promote public awareness of the government's actions and to ensure the accountability of government officials and agencies by facilitating the public's access to governmental records. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 50 Tennessee Public Records Act governs the right of access to records of government agencies in Tennessee, and through its provisions, the Act serves a crucial role in promoting accountability in government through public oversight of governmental activities. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 50 While custodians of public records do not have an obligation to review and search their records pursuant to a Public Records Act request, they do have the clear obligation to produce those records for inspection, unless otherwise provided by state law, and to provide a copy or copies of any such record requested by such citizen, upon the payment of a reasonable charge or fee therefor. T.C.A. § 10-7-503. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 15; Records 62 In ruling on a petition for access to public records, the Chancery Court is empowered to exercise full injunctive remedies and relief under the Public Records Act. West's Tenn.Code, § 10-7-504. Cole v. Campbell, 1998, 968 S.W.2d 274. Records 63 Supreme Court is precluded from inquiring into legislature's rationale for designating some records as confidential under Public Records Act while opening others for public inspection. T.C.A. §§ 10-7-503 to 10-7-505. Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Constitutional Law 2500 State Public Obligations Registration Act and public records laws did not preclude utility from discovering identities of its bond holders for purposes of serving bond holders with notice of declaratory judgment suit challenging constitutionality of state statute changing, contrary to bond covenant, the size and way the utility's board was elected. T.C.A. §§ 9-19-101 et seq., 9-19-109, 10-7-503(a), 10-7-504. Huntsville Utility Dist. of Scott County, Tenn. v. General Trust Co., 1992, 839 S.W.2d 397, appeal denied. Records 31; Records 54 While the legality of any particular arrangement to enter into a business venture with a private entity to sell public records would depend on all of its terms and conditions, any such contract would have to be consistent with the county's statutory duty to provide public access to public records. For example, except in the narrow circumstances regarding maps set forth in § 10-7-506(c), or some other applicable exception, a county generally may not charge more than the actual cost of allowing access to public records or providing a copy of the record; consequently, a court could conclude that, absent express statutory provisions, such a contract is not authorized. Op.Atty.Gen. No. 00-101, May 24, 2000. No statute expressly requires a citizen to make an appointment in order to inspect public records and if an agency required a citizen to make an appointment for this purpose, and the citizen challenged such requirement in court, the court might not view the requirement as tantamount to a denial of access to public records if the agency could articulate a reasonable basis for the appointment requirement. Absent a reasonable basis for the requirement, a court could conclude that the agency was merely using it to delay access. Op.Atty.Gen. No. 01-021, Feb. 8, 2001. 2. Construction and application Names and current and past residential addresses of applicants for sexually oriented business license or permit constituted protected private information exempted from Tennessee's Open Records Act. Deja Vu of Nashville, Inc. v. Metropolitan Government of Nashville and Davidson County, Tennessee, 2001, 274 F.3d 377, rehearing and suggestion for rehearing en banc denied, certiorari denied 122 S.Ct. 1952, 535 U.S. 1073, 152 L.Ed.2d 855. Records 58 It is the court's duty to apply rather than construe the language of the Public Records Act, since the intent of the Legislature is represented by clear and unambiguous language. T.C.A. § 10-7-503. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 50 Where inmate's post conviction appeal was pending when he filed petition under Tennessee Public Records Act seeking to secure copies of photographs in possession of municipal police department taken during investigation of his criminal case, his access to such documents was “otherwise provided by state law” within meaning of Act, and thus, any discovery of those documents was governed not by Act, but by Post-Conviction Procedure Act and by Supreme Court rule that dictates procedure to follow concerning discovery in post-conviction proceeding. T.C.A. §§ 10-7-503(a), 40-30-209(b); Sup.Ct.Rules, Rule 28, § 1 et seq. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 55 “Records,” within meaning of provision of Tennessee Public Records Act declaring all state, county and municipal records subject to public inspection, did not refer only to documents created by governmental agency in course of its duties as governmental agency but also included material made or received in connection with transaction of official business; Act was to be construed as broadly as possible to insure public access to governmental records. T.C.A. §§ 10-7-503(a), 10-7-505(d). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 50; Records 54 “Official business” of city and county, within meaning of rule subjecting to public inspection under Public Records Act materials made or received in connection with transaction of official business by governmental agency, could not be interpreted so as to exclude legal action aimed at protecting legitimate economic interests of those governmental entities. T.C.A. §§ 10-7-503(a), 10-7-505(d). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 54 Traditional public records, within meaning of Public Records Act, which are primarily intended to apprise public about status of land titles, existence of judgments, and so forth, are by definition not accessible to public unless they have been filed in court; on other hand, agency records, which are available to apprise public about goings-on of its governmental bodies, are accessible at any time unless specifically excepted under Public Records Act. T.C.A. § 10-7-503. Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 54 A public official can justify refusing a Tennessee citizen access to a governmental record only by proving by a preponderance of the evidence that the record in controversy comes within the statutory exemption. T.C.A. § 10-7-503. Memphis Pub. Co. v. Holt, 1986, 710 S.W.2d 513. Records 65 The Sumner County Airport Authority is required to make requested public records in its custody and control available for inspection and the authority cannot fulfill its obligations by directing a requesting citizen to another agency that may also have the records. Op.Atty.Gen. 08-64, March 24, 2008. Records made or received by the Department of Commerce and Insurance during the course of a reserve audit of a governmental pool that constitute attorney-client communications or attorney work product are confidential and not subject to inspection under the Public Records Act; however, any other records are subject to inspection. Op.Atty.Gen. No. 06-104, June 23, 2006. The Tennessee Public Records Act requires a records custodian make any public records in their custody available for inspection during normal business hours unless a state law provides otherwise. Op.Atty.Gen. 06-069, April 12, 2006. If a records custodian fails to comply with the Public Records Act, a court may assess reasonable litigation costs, including attorney fees, against that custodian provided the court finds the entity or its agent knew the records were public and refused to disclose them. Op.Atty.Gen. 06-069, April 12, 2006. The biennial audit report of a municipality and the annual audits of all departments, boards, and agencies of the municipality are public records and thus subject to inspection under the Public Records Act. Op.Atty.Gen. No. 06-060, April 5, 2006. Municipalities are subject to public disclosure requirements for municipal records. Op.Atty.Gen. No. 02-065, May 17, 2002. 2.5. Construction with other laws A list of names of individuals whose records were alleged to have been accessed without authorization by a member of the Tennessee Highway Patrol through the Integrated Criminal Justice Web Portal is a public record; however, Tenn.R.Crim.P. 16(a)(2) would protect this list from compulsory inspection and disclosure under the Public Records Act to the extent it is relevant to a contemplated criminal prosecution and if any of the names on the list were obtained by accessing the states Drivers License database, those names are confidential under the provisions of the federal Drivers Privacy Protection Act of 1994 and the corresponding state law, Tenn. Code Ann. § 55-25-102, et seq., and would need to be redacted when the list is no longer protected from disclosure and inspection by Tenn.R.Crim.P. 16(a)(2). Op.Atty.Gen. No. 08-147, Sept. 11, 2008. Social security numbers must be redacted from state agency records before such records are open to public inspection. Op.Atty.Gen. No. 02-016, Feb. 6, 2002. 2.7. Construction with federal laws and rules Rules governing proceedings in federal courts do not pre-empt Tennessee's public records statutes when it comes to discovery in federal court; rules do not contain an explicit pre-emption provision applicable to public records proceedings in state court, rules were adopted chiefly to govern practice in the federal courts and not to displace state substantive laws regarding access to official records, and control over access to state or local government records is a central attribute of state sovereignty. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 50; States 18.15 3. Public records defined Statutory definition of “public record” in Tennessee Public Records Act does not identify with precision how courts should determine whether any given record has been made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency, as required for a record to be a “public record.” Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 54 Statutory definition of “records” as any records of the county legislative body and common law, circuit, criminal, or chancery court, the register's books, the surveyor's and entry taker's book, and all other public records, required by law to be kept in the several courts of this state, as used in part of Tennessee Public Records Act relating to preserving and transcribing records, was not intended to apply to all parts of Act. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 54 Work product of governmental attorneys is considered “record,” under Public Records Act. T.C.A. § 10-7-503(a). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 54 Proper test in determining whether handwritten notes of decedent, confiscated at death scene by municipal police department in course of homicide investigation were “public records” within meaning of Public Records Act was not whether notes constituted evidence, but whether they were received “in connection with the transaction of official business by any governmental agency.” T.C.A. § 10-7-503. Griffin v. City of Knoxville, 1991, 821 S.W.2d 921. Records 60 Handwritten notes of decedent, confiscated at death scene by municipal police department in course of homicide investigation, were “public records” within meaning of the Public Records Act, since evidence preponderated in favor of conclusion that notes were received by police department in connection with transaction of official business. T.C.A. § 10-7-503. Griffin v. City of Knoxville, 1991, 821 S.W.2d 921. Records 60 Tenant subleases of city-owned property in possession of sublessee, which was private corporation, qualified as “public records” under Public Records Act. T.C.A. § 10-7-501 et seq. Creative Restaurants, Inc. v. City of Memphis, 1990, 795 S.W.2d 672. Records 54 Tenant subleases of city-owned property, which where in possession of private attorney, who was under contract with city as part-time assistant city attorney, were “public records” within meaning Public Records Act. T.C.A. § 10-7-501 et seq. Creative Restaurants, Inc. v. City of Memphis, 1990, 795 S.W.2d 672. Records 54 Items contained in closed investigative file of police department with respect to a certain incident in which seven occupants of residence were killed in shoot-out with police officers were “records” within statute granting access to all state, county, and municipal records not excepted by state statute or, with very limited application, by rules properly promulgated by the head of a governmental entity. T.C.A. § 10-7-503. Memphis Pub. Co. v. Holt, 1986, 710 S.W.2d 513. Records 60 As a general rule, recordings of law enforcement transmissions are public records. Op.Atty.Gen. No. 05-155, Oct. 13, 2005. As a general rule, recordings made by a 911 operator are public records. Op.Atty.Gen. No. 05-155, Oct. 13, 2005. 3.5. Functional equivalency Functional equivalency test provides a superior means for applying public records laws to private entities that perform contracted governmental services, such that when the private entity serves as the functional equivalent of a governmental agency, the accountability created by public oversight is preserved, given that private entities that perform public services on behalf of a government often do so as independent contractors, but the public's fundamental right to scrutinize the performance of public services and the expenditure of public funds should not be subverted merely because public duties have been delegated to an independent contractor. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 Whether a private entity operates as the functional equivalent of a governmental agency, so as to render its records subject to the Tennessee Public Records Act, is judged in light of the totality of the circumstances in each given case, and no single factor will be dispositive. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 Cornerstone of the analysis of whether a private entity operates as the functional equivalent of a governmental agency, such that its records are public records governed by the Tennessee Public Records Act, is whether and to what extent the entity performs a governmental or public function, so that a governmental agency cannot, intentionally or unintentionally, avoid its disclosure obligations under the Act by contractually delegating its responsibilities to a private entity. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 Factors relevant to the analysis of whether a private entity operates as the functional equivalent of a governmental agency, such that its records are public records governed by the Tennessee Public Records Act include, but are not limited to: (1) the level of government funding of the entity, (2) the extent of government involvement with, regulation of, or control over the entity, and (3) whether the entity was created by an act of the legislature or previously determined by law to be open to public access. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 Under Tennessee Public Records Act, public should have access to the records of every private entity which provides any specific, contracted-for services to governmental agencies, and while a private business does not open its records to public scrutiny merely by doing business with, or performing services on behalf of, state or municipal government, when an entity assumes responsibility for providing public functions to such an extent that it becomes the functional equivalent of a governmental agency, the Tennessee Public Records Act guarantees that the entity is held accountable to the public for its performance of those functions. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 Non-profit corporation that administered state-funded day care program was functional equivalent of government agency, and thus records were public records subject to disclosure under Tennessee Public Records Act, where services performed for indigent families and supervising child care placements under state guidelines, were undeniably public, state directly performed services prior to contract with non-profit corporation, and non-profit corporations's involvement in services was extensive and exclusive, and significant level of governmental control and oversight was evidenced by contracts. Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 2002, 87 S.W.3d 67, rehearing denied. Records 51 4. Identification of records Under the Public Records Act, if a citizen can sufficiently identify the documents of which he wishes to obtain copies so as to enable the custodian of the records to know which documents are to be copied, the citizen's personal presence before the record custodian is not required. T.C.A. § 10-7-503. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 15 A records custodian is not required under the Public Records Act to make an inspection for a citizen requesting documents; rather, the citizen, to be able to obtain copies of those documents without making a personal inspection, must sufficiently identify those documents so that the records custodian can produce and copy those documents without the requirement of a search by the records custodian. T.C.A. § 10-7-503. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 15; Records 62 4.5. Identification of persons Statute mandating confidentiality of tax returns and tax information applied to require that identities of taxpayers licensed for wholesale tobacco distribution in Tennessee remain confidential when requested under the Public Records Act, even though licensing and taxing functions performed by the Department of Revenue are distinct. McLane Co., Inc. v. State, 2002, 115 S.W.3d 925, appeal denied. Records 55 5. Records subject to inspection Unless it is clear that a record or class of records is legally exempt from disclosure, the requested record must be produced. Konvalinka v. Chattanooga-Hamilton County Hosp. Authority, 2008, 249 S.W.3d 346. Records 54 Telephone records of a drug task force were public records pursuant to the Public Records Act, and thus, citizen was entitled to have access to the records, except for confidential information subject to redaction at county expense. Eldridge v. Putnam County, 2001, 86 S.W.3d 572, appeal denied. Records 54; Records 66 Quality improvement reviews submitted to the statewide quality improvement coordinator, prisons, or institutional improvement committee/persons, regarding provision of medical care to inmates, were confidential under the medical Peer Review Law, and thus, such reviews were not public records that were subject to disclosure under the Public Records Act. Shabazz v. Campbell, 2001, 63 S.W.3d 776, appeal denied. Records 54 City electric utility was required to disclose to newspaper its customers' names, addresses, and telephone numbers, as information was a “public record” under the Public Records Act, despite fact that requested information was stored electronically in a different format from that requested by newspaper. T.C.A. §§ 10-7-301(6), 10-7-503, 10-7-505. Tennessean v. Electric Power Bd. of Nashville, 1998, 979 S.W.2d 297. Records 54 Transcripts of depositions taken by city and county in bankruptcy proceeding in attempt to protect substantial public investment in large construction project were material “made or received in connection with the transaction of official business” of the city and county, and thus, depositions were “records” subject to public inspection under Tennessee Public Records Act. T.C.A. §§ 10-7-503(a), 10-7-504, 10-7-505, 10-7-505(d). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 54 Transcripts of depositions taken by city and county in bankruptcy proceeding in attempt to protect substantial public investment in large construction project did not have to be filed in bankruptcy court before public had right to inspect deposition transcripts under Tennessee Public Records Act. T.C.A. § 10-7-503. Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 54 Lease agreements between sublessee of city-owned property and its sub-sublessees were not excluded from public access by definition of “records” in Public Records Act. T.C.A. § 10-7-101. Creative Restaurants, Inc. v. City of Memphis, 1990, 795 S.W.2d 672. Records 54 Ruling that information contained in closed investigative file of police department was available for inspection by media and public was not so contrary to public policy that it was necessary to imply an exception to preclude such inspection. T.C.A. § 10-7-503. Memphis Pub. Co. v. Holt, 1986, 710 S.W.2d 513. Records 60 Payroll records of public hospital were encompassed within statute providing that all state, county and municipal records shall be open to public inspection unless otherwise provided, and were subject to public inspection. T.C.A. § 10-7-503. Cleveland Newspapers, Inc. v. Bradley County Memorial Hospital Bd. of Directors, 1981, 621 S.W.2d 763. Records 54 Applications of applicants for position of superintendent of city schools, which were in hands of search committee established by board of education, were in hands of a public body and became part of such body's records so as to constitute “public records” within meaning of public records law, and, therefore, a citizen had right to review such records. T.C.A. §§ 15-301, 15-304. Board of Ed. of Memphis City Schools v. Memphis Pub. Co., 1979, 585 S.W.2d 629. Records 54 When a request is directed to a municipality for information with regard to the amount of municipal inspection fees paid by each retail liquor store located in the municipality, the information is not confidential and is available for public dissemination upon request. Op.Atty.Gen. No. 09-40, March 25, 2009, 2009 WL 837833. Records of the Sumner County Regional Airport Authority are subject to public inspection under this Act. Op.Atty.Gen. No. 08-64, March 24, 2008. The Loudon County Economic Development Agency is likely the functional equivalent of a government agency and, therefore, its records would be subject to inspection under the Public Records Act. Op.Atty.Gen. No. 07-170, Dec. 21, 2007. The release of pole attachment rates received by the Tennessee Advisory Commission on Intergovernmental Relations does not violate any state or federal law. Op.Atty.Gen. No. 06-129, Aug. 15, 2006. Utility districts are subject to the Public Records Act; their records must be open for personal inspection by any Tennessee citizen during normal business hours unless otherwise provided by state law. Op.Atty.Gen. No. 06-028, Feb. 8, 2006. The application for a license and/or the license of a health care provider are public records § 10-7-503 so that if health care providers' license numbers, dates of birth and home addresses appear on such records, then this information may be disclosed to the public in accordance with the provisions of the Public Records Act. Assuming that the legislature determines that the dissemination of this information narrowly serves the interest of the public in making informed choices regarding health care choices, this information could be included in the provider profile information contemplated under the Health Care Consumer Right-to-Know Act. Op.Atty.Gen. No. 99-061, March 10, 1999. A 911 tape made or received by a state or local government agency in connection with the transaction of its official business would be a public record open for inspection pursuant to § 10-7-503 and copying pursuant to § 10-7-506, “unless otherwise provided by state law.” Tennessee court rules of procedure, which have the force and effect of state law, as well as applicable statutes or common law, may provide an exception to the Public Records Act. The availability of the tape must, therefore, be determined on a case-by-case basis. Op.Atty.Gen. No. 99-022, Feb. 9, 1999. The names, addresses and phone numbers of the board members of the Memphis Area Transit Authority are subject to public inspection under § 10-7-503 if the Authority maintains the names, addresses and phone numbers of its board members in connection with its official business. Op.Atty.Gen. No. 99-011, Jan. 25, 1999. Unlisted telephone numbers, in the custody of the emergency communications district, are public records that the agency must make available for public inspection and copying during business hours unless otherwise provided by state law and no such exemption in state law, either by statute or under the Tennessee Constitution, exists. Similarly, release of this information would not violate any federal statute or any provision of the United States Constitution. An agreement by a governmental agency to restrict public access to public records that are not exempt under state law violates public policy and is unenforceable. Thus, the district must make these records available for personal inspection and copying by any citizen of the State. Op.Atty.Gen. No. 96-144, Dec. 3, 1996. Generally, a 911 tape made or received by a state or local governmental agency in connection with the transaction of its official business would be a public record open for inspection in accordance with § 10-7-503. Because the contents of a 911 tape may vary, however, along with the facts and circumstances surrounding a particular tape, each request to inspect a 911 tape should be examined on a case-by-case basis. Op.Atty.Gen. No. 93-65, Nov. 29, 1993. Payroll information maintained by a municipal school system is open for public inspection pursuant to § 10-7-503. Op.Atty.Gen. No. 90-15, Feb. 6, 1990. 6. Records not subject to inspection State's investigative and prosecutorial work product materials prepared in the defense of recently-concluded writ of error coram nobis proceeding that criminal defendant was collaterally attacking in federal habeas corpus proceeding were not “public records” subject to disclosure to defendant's lawyers or to any other interested citizen; discovery in the pending federal habeas proceeding was to be governed by federal rules applicable to that proceeding, and State's public records statutes were not to be used to circumvent those rules. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 54 Documents produced during discovery in suit by residents against operators of life care center that remained sealed under modified protective order were not subject to inspection under the Public Records Act, even though documents were “public records” under Act. West's Tenn.Code, § 10-7-503(a); Rules Civ.Proc., Rule 26.03. Ballard v. Herzke, 1996, 924 S.W.2d 652. Records 32 Hospital operated by not-for-profit corporation was a private hospital rather than a governmental entity, and was not subject to provisions of Public Records Act; although the hospital was on property leased from county and received substantial funding from county, it treated indigent medical patients in return for such funding, and never claimed governmental immunity. T.C.A. §§ 8-4-101 et seq., 10-7-101 et seq. Memphis Pub. Co. v. Shelby County Health Care Corp., 1990, 799 S.W.2d 225. Records 51 Records of an investigation into the death of an inmate in a state correctional facility, which were sought by two of the defendants charged with the murder and their counsel, were not available for inspection under the Public Records Act as the records were relevant to a pending criminal prosecution. T.C.A. §§ 10-7-101 et seq., 10-7-503, 10-7-504. Appman v. Worthington, 1987, 746 S.W.2d 165. Records 60 Investigative reports and other evidence sent to the District Attorney General in anticipation of criminal litigation are not subject to citizen inspection if such records are relevant to a pending or contemplated criminal action. Op.Atty.Gen. No. 07-039, April 2, 2007. The records of the TML Risk Management Pool would be subject to the Public Records Act under. § 10-7-503(d)(1), but the Pool has excepted itself under a proviso in the statute. Op.Atty.Gen. No. 01-014, Jan. 30, 2001. The Public Records Act does not require turning over voter registration records under circumstances where disclosure would reveal the way in which a specific voter voted; the constitutional guarantee of a secret ballot creates an exception to the Public Records Act where disclosure of public documents would reveal both a voter's identity and the way in which that voter voted. Op.Atty.Gen. No. 96-027, Feb. 28, 1996. Evaluations of school principals conducted under the Career Ladder Program are open for public inspection are open for inspection by the principal or a designated representative pursuant to § 49-5-5302(c), and thus, are not open for inspection by the public generally. Op.Atty.Gen. No. 91-108, Dec. 27, 1991. 6.5. Personnel records Provision in Public Records Act relating to personnel information of any police officer designated as working undercover police, which made confidential certain information included in telephone records requested by citizen, dealt with information segregated and kept by the chief law enforcement officer of the entity for which the officer was working, which was not one of the exceptions listed under provision requiring public disclosure, and thus, the undercover officer provision was irrelevant to whether county was required to disclose telephone records of the drug task force. Eldridge v. Putnam County, 2001, 86 S.W.3d 572, appeal denied. Records 58; Records 60 7. Standing to seek disclosure Inmate's inability to present himself in person at municipal police department to inspect and request copies of documents would not prohibit him from obtaining those copies if he were otherwise entitled to receive them under Public Records Act. T.C.A. § 10-7-503(a). Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 52 Convicted felon was “citizen” for purposes of Public Records Act, which by its terms was available for use by “citizens,” and thus felon had standing to utilize Act's provisions. T.C.A. §§ 10-7-503 to 10-7-505. Goodwin v. Hendersonville Police Dept., 1999, 5 S.W.3d 633, rehearing denied. Records 52 Convicted felon had standing to seek public records in possession of Department of Corrections pursuant to Public Records Act; statute rendering convicted felon infamous pertained to specific disabilities, such as loss of the right to vote and retention of right to testify, and did not prohibit inmate from filing of petition under Act. West's Tenn.Code, §§ 10-7-503, 40-20-112. Cole v. Campbell, 1998, 968 S.W.2d 274. Records 52 The denial of a request by the executive director of a California organization for copies of state, county, and municipal records, on the basis of lack of state citizenship, does not violate the Privileges and Immunities Clause of the United States Constitution. Op.Atty.Gen. No. 99-067, March 18, 1999. 8. Fee for disclosure Inmate who requested documents under the Public Records Act was not entitled to view the documents free of charge before requesting copies, though inmate, because of his confinement, could not travel to the places where the records were kept so that inmate could select which documents he wanted to be copied. Shabazz v. Campbell, 2001, 63 S.W.3d 776, appeal denied. Records 15 Under the Public Records Act, a records custodian can require a charge or fee per copy that will cover both the costs of producing the copies and delivering the copies. T.C.A. § 10-7-503. Waller v. Bryan, 1999, 16 S.W.3d 770, appeal denied. Records 15 Public Records Act authorized city electric utility to require newspaper to pay utility's actual costs incurred in disclosing “public record” of its customers' names, addresses, and telephone numbers, but Act did not authorize utility to require newspaper to pay for utility's costs incurred in notifying customers of newspaper's request under utility's customer notification policy. T.C.A. § 10-7-506(a). Tennessean v. Electric Power Bd. of Nashville, 1998, 979 S.W.2d 297. Records 15; Records 68 Section 10-7-503(a) does not authorize a local government body to charge a fee for allowing inspection of a public record and there are no provisions in Title 10, Chapter 7 of the Code that would allow a local agency to charge a research and/or location fee per se. Op.Atty.Gen. No. 01-021, Feb. 8, 2001. Conditioning the right inspect a public record upon the payment of a fee unauthorized by state law would be tantamount to denying the right of inspection that is set forth in § 10-7-503. Op.Atty.Gen. No. 01-021, Feb. 8, 2001. 9. Notice of disclosure A crime victim has the right to be notified before the Department of Correction releases personal information about the victim, such as the victim's current address and telephone number, under Tennessee's Public Records Act if the custodian of the information knows or clearly should know that release of the information could potentially threaten the personal security of the crime victim or his or her family by substantially increasing the likelihood that a private actor will harm them, then the crime victim has the right to prior notice and an opportunity to object. Under circumstances where prior notice to the crime victim is required, the crime victim should be afforded, at a minimum, the opportunity to object to release of the information in question before it is released. Op.Atty.Gen. No. 99-069, March 22, 1999. Insofar as § 10-7-503(c) requires custodians of law enforcement officers' personnel information to allow the public to inspect it, but to obtain information regarding the person making the inspection and to notify the officer whose records have been inspected within three days, the provision does not comply with federal due process requirements where the custodian of the information knows or should know that release of information could potentially threaten the personal security of a law enforcement officer or his or her family by substantially increasing the likelihood that a private actor will harm them. Op.Atty.Gen. No. 98-229, Dec. 10, 1998. Under § 2-10-111 (the “Notice Requirement”) the Registry of Election Finance or any county election commission must provide notice within three business days from the date of inspection to a candidate or single candidate political campaign committee whose files, statements, or records have been inspected or copied by a member of the public. The statute specifies what information the notice must include. The Notice Requirement does not conflict with the Tennessee Public Records Act since under the Public Records Act, § 10-7-503, the right of access to public records is available “unless otherwise provided by state law.” Op.Atty.Gen. No. 98-040, Feb. 9, 1998. 9.5. Denial of disclosure Citizen failed to allege that clerk and deputy clerk of chancery court denied his request in whole or in part to see court file, as required to state claim against them under provision of Public Records Act providing that, when citizen's request to see public record was in whole or in part denied, citizen was entitled to petition for access to any such record and to obtain judicial review of actions taken to deny access. Kersey v. Bratcher, 2007, 253 S.W.3d 625, appeal denied. Records 63 Conduct of clerk and deputy clerk of chancery court in asking citizen why he wanted to view court file that he sought access to, while improper, did not result in citizen being denied access to file, for purposes of provision of Public Records Act providing that, when citizen's request to see public record was in whole or in part denied, citizen was entitled to petition for access to any such record and to obtain judicial review of actions taken to deny access. Kersey v. Bratcher, 2007, 253 S.W.3d 625, appeal denied. Records 62 Judicial assistant to circuit court judge, by asking citizen who sought access to court file to sit on office couch while reviewing file, rather that continue standing over her, did not deny citizen's request to view file either in whole or in part, as element of claim under provision of Public Records Act providing that, when citizen's request to see public record was in whole or in part denied, citizen was entitled to petition for access to any such record and to obtain judicial review of actions taken to deny access. Kersey v. Bratcher, 2007, 253 S.W.3d 625, appeal denied. Records 62 10. Non-citizens A state may deny access to public records to persons who are not citizens of the state. Op.Atty.Gen. No. 01-132, Aug. 22, 2001. 11. Discovery Public records statutes cannot be used as a discovery device in litigation between private parties. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 50 Inmate's requests to prison authorities, for such information as names and duties of charge nurses, and detailed descriptions of what wardens and health administrators did to insure that inmates were provided with adequate medical care, were simply interrogatories for discovery purposes, rather than requests for “public records” under the Public Records Act. Shabazz v. Campbell, 2001, 63 S.W.3d 776, appeal denied. Records 62 12. Notice and hearing County sheriff was not entitled to a separate notice informing him that county commissioner was seeking to hold him in criminal contempt in his individual capacity, in access to public records proceeding brought by county commissioner related to construction projects conducted by sheriff, where sheriff personally signed second amended responses to commissioner's Open Records Act Request, sheriff had notice that the basis for the claimed criminal contempt was his allegedly false statements in the second amended response, and sheriff's counsel represented to trial court four months before the trial on the criminal contempt charges that sheriff understood the nature of the charges placed against him. Moody v. Hutchison, 2004, 159 S.W.3d 15, appeal denied, rehearing of denial of appeal denied. Contempt 55 13. Presumptions and burden of proof Public records statutes amount to a clear mandate in favor of disclosure; they create a presumption that records described in statute defining public or state records and statute governing inspection by citizens are to be open to the public. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 50 14. Review When called upon to interpret and apply public records statute governing inspection by citizens, Court of Appeals' role is to determine whether state law either explicitly or implicitly excepts particular records or a class of records from disclosure under the public records statutes; however, Court must be guided by the clear legislative policy favoring disclosure, and thus, unless it is clear that disclosure of a record or class of records is excepted from disclosure, Court must require disclosure even in the face of serious countervailing considerations. Swift v. Campbell, 2004, 159 S.W.3d 565, appeal denied. Records 54 T. C. A. § 10-7-503, TN ST § 10-7-503 Current through end of 2010 First Ex. Sess. and with laws from 2010 Reg. Sess., eff. through June 9, 2010 (c) 2010 Thomson Reuters.