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SB 2364

Human Rights - As enacted, repeals rules transferred from the defunct human rights commission to the attorney general and reporter; clarifies that complaints filed with the attorney general pursuant to a human rights investigation must not be produced for inspection by or disclosed to a person, other than an authorized representative of the attorney general, without the consent of the person who filed the complaint. - Amends TCA Title 4, Chapter 21.

114th Regular Session (2025-2026) Introduced by Paul Rose

Strengthens confidentiality of human rights investigation materials held by the Attorney General and repeals old rules from the defunct Human Rights Commission.

Pub. Ch. 662
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Bill Summary · SB 2364

Summary of Bill: SB 2364 / HB 2077 (Session 114, Tennessee)

Overview

  • Title: Human Rights - As enacted, repeals rules transferred from the defunct human rights commission to the attorney general and reporter; clarifies that complaints filed with the attorney general pursuant to a human rights investigation must not be produced for inspection by or disclosed to a person, other than an authorized representative of the attorney general, without the consent of the person who filed the complaint.
  • Jurisdiction: Tennessee
  • Amends: Tennessee Code Annotated (TCA) Title 4, Chapter 21
  • Status: Enacted and effective upon becoming law (public welfare requiring it)
  • Effective date (enactment): Generally upon becoming law; specific effective date shown as 04/01/2026 in fiscal notes, but act states “takes effect upon becoming a law.”

1) Main Purpose and Intent

  • Repeals rules that were transferred from the now-dissolved Tennessee Human Rights Commission to the Attorney General and Reporter (AG).
  • Strengthens confidentiality protections for complaints filed with the AG in human rights investigations.
  • Aligns references from the former commission to the AG in relevant statutory provisions.
  • Clarifies confidentiality and permitted disclosure of investigative materials.

2) Key Provisions and Changes

A. Repeal of Transferred Rules

  • Section 1 adds a new subdivision to 4-21-1201(a) stating that all rules transferred to the AG from the former Human Rights Commission under § 4-5-226(b)(2) are repealed.
  • Effect: The rules previously in force under the now-defunct commission are repealed and not in effect as binding rules, with the AG remaining responsible for the administration of those functions under applicable statutes.

B. Confidentiality of Complaint Materials

  • Section 2 amends 4-21-205(g):
    • (1) General rule: Complaints and related documentary material or information obtained by the AG in a human rights investigation may not be produced for inspection, copied, or disclosed to anyone other than an authorized AG representative without the complaint filer’s consent, unless ordered by a court for good cause.
    • Exception: The complaint materials may be provided to the complainant, the respondent, their attorneys, or any state or federal law enforcement agency enforcing anti-discrimination statutes.
    • (2) The AG may use copies of materials in enforcement actions or to present material in court as needed.
    • (3) Transcripts and other materials provided voluntarily or obtained via external processes (e.g., from other states/federal AGs or under statutory obligations) must be treated as if obtained under this section if they relate to the investigation.

C. Terminology and Reference Updates

  • Section 3 changes references from “commission” to “attorney general” in 4-21-302(b)(3)(F).

D. Confidentiality of Conciliation Agreements

  • Section 4 revises 4-21-303(d):
    • The conciliation agreement must not be made public unless both parties and the AG consent to disclosure.

3) Who/What Is Affected

  • Attorney General and Reporter (AG): Authority and procedures for handling human rights investigations; confidentiality rules governing investigative materials; ability to present materials in court; repeal of transferred rules requires AG to rely on existing statutes and agency rules.
  • Complainants and Respondents: Protections around confidentiality of complaints and related materials; access exceptions for specified parties (complainant, respondent, their counsel, law enforcement) with consent or court order.
  • Conciliation Agreements: Public disclosure rules expanded to require mutual consent among all parties and the AG for disclosure.
  • State/Local Agencies and Statutes: References updated to reflect AG as the primary entity for human rights investigations and enforcement; consequential alignment with § 4-5-226(b)(2) regarding transferred functions.

4) Procedural and Timeline Highlights

  • Effective Date: Enactment and effectiveness upon becoming law; signed by the Governor and published as Public Chapter 662 with an effective date around April 1, 2026.
  • Rule Repeal: Immediate effect upon enactment for the repealing of transferred rules; the AG assumes ongoing responsibility per existing statutory framework.
  • Confidentiality Timeline: Confidentiality protections apply to materials obtained or produced during investigations, with specific disclosures permitted only to authorized parties or as required by court order or enforcement needs.

5) Fiscal Impact

  • Net Impact: Not significant. The fiscal note indicates minimal or no additional costs to the AG, relying on existing resources to implement changes.

6) Notable Details

  • The bill is a consolidation and confidentiality-focused reform following the dissolution of the former Human Rights Commission.
  • It preserves necessary disclosure to enforcement bodies and the involved parties while tightening privacy protections for investigative materials.
  • The legislative history shows bipartisan sponsorship (Sen. Rose with House sponsor Rep. Faison) and passage through both chambers in early 2026.

Compiled from official sources — confirm details with the bill’s official record.

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