A measure backed by Gov. Bill Lee would allow the state’s Department of Tourist Development to make deals without making the public aware, and it has now passed the Senate.
The sponsor says some companies would be more likely to do business with the state if they knew the negotiations and final deal wouldn’t be made public right away. That could include efforts such as hosting the Super Bowl, which Tennessee Titans President Burke Nihill said could be a reality by 2030.
“Traditionally, the league doesn’t award a new stadium (a Super Bowl) until it has had two full seasons of operation,” Nihill said at the NFL Owners meeting Tuesday. “Which means the earliest they would consider us, if they start with that same line of thinking, would be 2029.”
Still, several senators rejected the need for such an extensive exemption to the state’s open records rules. Republican Todd Gardenhire, of Chattanooga, was among the group.
“Anytime we tinker with the open records law and allow exemptions for different bodies and stuff I think we’re down a slippery slope,” he said.
The measure allows the tourism commissioner, in agreement with the attorney general, to shield sensitive documents for 10 years if they believe they would harm the state’s ability to negotiate contracts. The Senate added an amendment that would allow records to be released during that time window if the contract has expired, event in the contract has concluded or state funds have for the contract have already been spent.
That change came after it was pointed out that after six years certain records could be legally destroyed — allowing them to be remain secret forever.
Deborah Fisher, the executive director for the Tennessee Coalition for Open Government, says her group, “is not going to be supportive of a bill that allows signed contracts by the state committing money to be closed. However, the bill is definitely better than it was.”
The measure is now headed to the House for approval and can be taken up as early as Thursday.
