Summary of Bill: SB 2330 (Session 114) – Tennessee
Note: The bill appears in tandem with HB 2281. It is titled “State Government – As introduced, requires departments, agencies, and other state governmental entities to make information and records available, including by means of direct electronic access, to the staff of the general assembly's fiscal review committee; requires the department of finance and administration to provide the office of legislative budget analysis with access to applicable state budget formulation and management systems.”
Purpose and intent
- Establishes broad information and data-access rights for the Fiscal Review Committee (FRC) staff to state agency information and records.
- Ensures the Office of Legislative Budget Analysis (OLBA) has access to key state budget systems and data maintained by the Department of Finance and Administration (F&A) to support budget analysis and oversight.
Key provisions
1) Data access to agency records and information systems (new section 3-7-115)
- Agencies covered: The bill defines “agency” to include the Administrative Office of the Courts and any executive-branch department, agency, board, commission, office, or instrumentality, including:
- State departments and treasury
- Specific entities such as the Tennessee Education Lottery Corporation, Sports Wagering Council, Alcoholic Beverage Commission, Wildlife Resources Agency, and Tennessee Higher Education Commission, among others.
- Data system: Any information system, database, case-management system, or comparable electronic record system used or maintained by an agency.
- Access: FRC staff may access all information and records directly related to the performance of the FRC’s statutory duties, including direct electronic access to agency data systems and databases containing programmatic, financial, contractual, or performance-related information.
- Forms of access: Direct electronic access, data extracts/reports/machine-readable files, or on-site access at agency locations when necessary to protect system integrity or data security.
- Scope of records: Administrative records, contracts, grants, financial/transaction data, program eligibility/outcomes/performance data, and data housed in enterprise/shared/ integrated systems.
- Limitations: Access is subject to existing law prohibitions (state, federal, grants/agreements, or court orders). If access is restricted, agencies must explain legal authority and scope within 10 business days and work toward redacted/limited-access data or accommodations.
- Confidential information: Maintains confidentiality; data obtained remains confidential and not public records; safeguards required; use limited to FRC duties; allowed in aggregate/de-identified form in reports.
- Timelines: Agencies must provide access or information as soon as practicable, but no later than 15 business days after receipt of a request, unless a slower schedule is mutually agreed for voluminous/complex requests.
- No authority to alter data systems; preserves existing powers of other legislative offices (COT, OLBA, etc.); allows for future, more specific data-access provisions.
- Implementation and support: FRC staff may request services from the Office of Legislative Information Systems and Office of Legal Services to implement and administer this section.
- Annual data-system inventory: By January 1 each year, agencies must provide a comprehensive listing of all data systems/databases, including data set names, data types, and uses.
2) Access to budget systems by the Commissioner of Finance and Administration (section 3-14-202(h))
- The commissioner must provide OLBA with full access to:
- Historical data from BEARS (Budget Entry Analysis and Reporting System)
- Sherpa budget formulation/management system (or successor)
- Information/data held by the Office of Evidence and Impact (OEI) or successor
3) Administrative/operational details
- The act takes effect upon becoming law.
- Section headings are descriptive; the Tennessee Code Commission is asked to include headings in compilations.
Supplementary details from fiscal notes (as amended)
- Fiscal impact: General Fund expenditures for FY 2026-27 estimated at $1,055,200; for FY 2027-28 and onwards, $1,025,400.
- Staffing: The amendment contemplates adding 6 total positions (varies slightly between versions, but generally adds multiple new roles across FRC and involved agencies):
- Data Operations Director (1)
- Business Intelligence Specialist/Adv (2)
- Data Architect (1)
- Data Governance Coordinator (1)
- ITSD Data Officer (1)
- One-time and recurring costs:
- One-time General Fund: roughly $246,686 in FY 2026-27 (software setup, supplies, contingencies)
- Recurring costs begin FY 2027-28 (system maintenance, supplies, contingencies)
- Space constraints: FRC currently lacks sufficient office space for the new positions and equipment; future accommodations are not quantified.
- Policy intent caveat: The proposal explicitly does not authorize FRC to alter agency data systems, nor diminish authorities of COT, OLBA, or other legislative offices; does not authorize access to criminal justice data beyond published reports or approved formats.
Potential impact (summary)
- Positive: Enhanced legislative oversight capability for fiscal matters; more timely and comprehensive access to agency data for budgetary and performance analysis.
- Operational: Requires agencies to upgrade data-sharing processes, implement secure access arrangements, and maintain confidentiality standards; potential need for new staff and IT infrastructure within the FRC and participating offices.
- Fiscal: Significant start-up and ongoing costs financed by the General Fund, including personnel and IT-related expenditures; space and logistical considerations for FRC staff are noted.
Sponsor
- Primary: Senator Gardenhire
- Co-sponsor: Representative Martin B. (HB 2281)
Procedural posture
- Movement through committees in 2026, with scheduling for Senate Finance, Ways and Means and State and Local Government committees noted in the action history.
