Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Present law authorizes the attorney general to issue civil investigative demands to require the attendance of witnesses or the submission of documents, or both, at specified times and places, and to give testimony in the case or matter therein stated. The demand must mention the parties to the inquiry and the party at whose instance the witness is called, and, if necessary, require the witness also to bring any books, documents, or other writings, records or tangible objects under the witness' control, which may be pertinent to the inquiry.

This bill adds to the present law by requiring the attorney general, before issuing a civil investigative demand, to obtain judicial approval from a chancery court judge in Davidson County or a chancery court judge in the county in which the demand is to be served. When seeking the judicial approval, the attorney general must do the following:

(1) Create and use a standardized form for requesting judicial approval of a demand;

(2) Certify in writing that the requested demand is necessary for the attorney general to perform a constitutional or statutory duty of office and that the information the attorney general seeks to discover is related to a matter where the state is a party litigant or there is reasonable cause to indicate that the state will be a party litigant; and

(3) Submit a copy of the proposed demand containing all necessary information as set forth in present law with the request for approval.

This bill authorizes the attorney general to file a request for approval of a demand under seal and request an in camera review by the court. The chancery court judge must issue an order approving or denying the attorney general's request for approval. If the court approves the request, then the attorney general must serve a copy of the court's order with the civil investigative demand.