reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 3 - COMMITTEE INVESTIGATIONS (§§ 3-3-101 — 3-3-125) › Section 3-3-121 - Prosecution by district attorney general

(a)
Whenever a witness, summoned by subpoena issued as hereinbefore provided, fails to appear, or, having appeared, fails to answer, as provided in §
3-3-112
, and the facts are reported to either house, the speaker of the senate or the speaker of the house of representatives, as the case may be or the chair of the committee in any event, shall certify such facts forthwith to the district attorney general for any county or counties in which such failing or refusing witness is subject to indictment and trial under this chapter, whose duty it shall be to bring the matter before the grand jury for its action, at the first opportunity, and to prosecute such offending witness by virtue of the office as such district attorney general, and is also the district attorney general's duty ex officio to prefer an indictment against such offending person.
(b)
It is also the duty of the district attorney general for any county or counties in which any person or witness is subject to indictment and trial under §§
3-3-113
,
3-3-114
and
3-3-120
, to bring the matter of any violations of those sections before the grand jury for its action, at the first opportunity, and to prosecute such offending person by virtue of the office as such district attorney general, and it is the district attorney general's duty ex officio to prefer an indictment against such offending person.
Acts 1931, ch. 3, § 20; C. Supp. 1950, § 172.20; T.C.A. (orig. ed.), § 3-321.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 3 - COMMITTEE INVESTIGATIONS (§§ 3-3-101 — 3-3-125) › Section 3-3-122 - Compensation of witnesses

(a)
Any person or persons subpoenaed to appear as a witness before any such committee, or subcommittee, shall be entitled to compensation including travel pay, as is now provided by law in respect of witnesses subpoenaed to appear in civil cases in courts of record of this state.
(b)
Such compensation for witnesses, when certified as due and payable by the chair of any such committee, or the member or members thereof acting as such subcommittee, shall be paid by the state treasurer, upon warrants drawn by the commissioner of finance and administration, out of any funds of the state not otherwise appropriated.
Acts 1931, ch. 3, § 15; mod. C. Supp. 1950, § 172.15; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 3-322.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 3 - COMMITTEE INVESTIGATIONS (§§ 3-3-101 — 3-3-125) › Section 3-3-123 - Committee reports on investigations

Upon the completion of any investigation, made as herein contemplated and provided, the committee making such investigation shall then report its findings, embodying its recommendations, to the house or houses of the general assembly by which such committee was authorized and empowered to act.
Acts 1931, ch. 3, § 12; C. Supp. 1950, § 172.12; T.C.A. (orig. ed.), § 3-323.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 3 - COMMITTEE INVESTIGATIONS (§§ 3-3-101 — 3-3-125) › Section 3-3-124 - Legislative powers unabridged

(a)
Nothing in this chapter shall be construed as inconsistent with the continued reservation by each house of the general assembly of the right and purpose at all times directly to exercise, in all proper cases, all other powers necessary for a branch of the general assembly as expressly declared in article II, § 12 of the Constitution of Tennessee.
(b)
Nor shall anything in this chapter be construed as inconsistent with the continued power and purpose of each house of the general assembly directly to deal with any matter of contempt intrinsic to the right of either house to preserve the means of discharging its legislative duties, when any person willfully fails and refuses to appear and testify regarding any matter under inquiry or investigation as provided and authorized by the direct action of either or both houses of the general assembly.
(c)
Nor shall anything in this chapter be construed as providing that any person who commits any contempt of either house of the general assembly, which, under the law, can be directly dealt with by either house for the purpose of enabling the house to perform its legislative duties, shall be imprisoned, as the result of the action of either house, or any committee of either or both houses of the general assembly, without indictment and court trial, for any term of imprisonment which shall extend beyond the session of the general assembly during which such imprisonment shall have been ordered.
Acts 1931, ch. 3, § 18; C. Supp. 1950, § 172.18; T.C.A. (orig. ed.), § 3-324.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 3 - COMMITTEE INVESTIGATIONS (§§ 3-3-101 — 3-3-125) › Section 3-3-125 - Liberal construction

This chapter shall be liberally construed in favor of making more effective any investigation ordered by either or both houses of the general assembly for the purpose of obtaining information to aid the general assembly, or either house thereof, in the performance of its legislative duties and obligations to the people of this state.
Acts 1931, ch. 3, § 19; C. Supp. 1950, § 172.19; T.C.A. (orig. ed.), § 3-325.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 4 - MISCELLANEOUS COMMITTEE PROVISIONS (§§ 3-4-101 — 3-4-104) › Section 3-4-101 - Subpoena powers

(a)
Any standing committee or select committee of the general assembly shall have the power to issue subpoenas, including subpoenas duces tecum, and to enforce the attendance of witnesses and the production of records, documents, papers or other items of evidence.
(b)
In proceedings before such committees, §§
3-3-108
- 3-3-121 shall apply.
Acts 1967, ch. 125, § 1; T.C.A., § 3-801.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 4 - MISCELLANEOUS COMMITTEE PROVISIONS (§§ 3-4-101 — 3-4-104) › Section 3-4-102 - Interim meetings

(a)
Any standing, special or select committee of the general assembly may meet during any recess of the general assembly, in the interim period between sessions, or after adjournment, for the purpose of considering or investigating any matter of state business within the scope of its authority.
(b)
Meetings shall be called by the chair of any such committee and/or upon the request of a majority of the committee members.
(c)
Senate and house of representatives committees having the same area of interest may have joint meetings if they wish, but each committee shall file a report, with recommendations, if any, with the chief clerk of its house, with the request that copies be forwarded immediately to each member of that house.
(d)
Committees investigating any matter of state business shall have the powers granted to investigating committees in chapter 3 of this title.
(e)
Members of committees meeting as provided in this section are entitled to such allowances and expenses for attending meetings as may be established by law.
(f)
All committees shall meet within the boundaries of the state of Tennessee.
Acts 1967, ch. 180, § 1; 1974, ch. 613, § 5; T.C.A., § 3-802.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 4 - MISCELLANEOUS COMMITTEE PROVISIONS (§§ 3-4-101 — 3-4-104) › Section 3-4-103 - Expenses - Mileage allowance

Each member of any standing, select or special committee of the general assembly, shall be paid the same expense allowance provided in §
3-1-106
for each day in attendance at any authorized meeting of a committee of which such person is a member, and a mileage allowance at the same rate as provided in §
3-1-106
, for each mile traveled from the member's home to the site of the meeting and back.
Acts 1967, ch. 6, § 2; modified; Acts 1974, ch. 613, § 2; T.C.A., § 3-803.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 4 - MISCELLANEOUS COMMITTEE PROVISIONS (§§ 3-4-101 — 3-4-104) › Section 3-4-104 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Select or special committee" means any committee, or subcommittee thereof, of the general assembly appointed by:
(A)
Either the house of representatives or by the senate;
(B)
Joint action of the house of representatives and the senate;
(C)
The speaker of the house of representatives or the speaker of the senate or a joint committee appointed by both speakers in accordance with the rules of proceedings adopted by the respective houses; or
(D)
The speaker of the house of representatives or the speaker of the senate or a joint committee appointed by both speakers; and
(2)
"Standing committee" means any standing committee, or subcommittee thereof, of the general assembly created by the rules of proceedings of the house of representatives or the senate.
Acts 1974, ch. 613, § 4; T.C.A., § 3-804; Acts 1981, ch. 50, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 5 - TENNESSEE CIVIL RIGHTS CRIMES INFORMATION, RECONCILIATION, AND RESEARCH CENTER (§§ 3-5-101 — 3-5-102) › Section 3-5-102 - Website and toll-free telephone line for receipt of information related to unsolved civil right crimes and cold cases

(a)
The Tennessee civil rights crimes information, reconciliation, and research center shall obtain and operate a website and a toll-free telephone line for the express purpose of receiving information related to unsolved civil right crimes and cold cases in this state.
(b)
The center shall regularly undertake appropriate activities to inform and remind the citizens of this state of the services provided by the center and of the availability of the website and toll-free telephone line. Such promotional activities shall regularly include, but not necessarily be limited to, press releases, posters, speeches, and public service announcements on radio and television. The center shall undertake special activities to improve public awareness of the center within those counties and areas of the state with the highest numbers of unsolved civil rights crimes and cold cases based upon available information.
Acts 2018 , ch. 966, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-101 - Short title

Parts 1 and 2 of this chapter shall be known and may be cited as the "Tennessee Ethics Commission Act of 2006."
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-102 - Legislative intent

It is the intent of the general assembly that the integrity of the processes of government be secured and protected from abuse. The general assembly recognizes that a public office is a public trust and that the citizens of Tennessee are entitled to a responsive, accountable, and incorruptible government. The Tennessee ethics commission is established to sustain the public's confidence in government by increasing the integrity and transparency of state and local government through regulation of lobbying activities, financial disclosure requirements, and ethical conduct. A determination of the intent of the general assembly shall be based on the operative statutory provisions, as well as the legislative history pertaining to such statutory provisions, as evidenced by legislative committee and floor actions, discussions and debates.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2008, ch. 1182, § 3.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-105 - Jurisdiction of commission - Referral of complaints

(a)
The Tennessee ethics commission is vested with jurisdiction to administer and enforce this chapter, §§
2-10-115
and
2-10-122
- 2-10-130, and title 8, chapter 50, part 5.
(b)
In addition to the jurisdiction vested in subsection (a), with respect to members of the general assembly, the commission also has jurisdiction to investigate, in accordance with §
3-6-203
, complaints alleging acts by a member of the general assembly that constitute misuse of office for personal financial gain; provided, however, that, if a member of the general assembly makes the declaration required by §
2-10-127(d)
, then the member shall not be deemed to have misused the member's office for personal financial gain based solely upon the member's relationship to a sibling, spouse or child who lobbied for or against the legislative action.
(c)
The ethics committee in each house is authorized to refer to the commission for investigation, in accordance with §
3-6-203
, any complaint it receives alleging a violation of this chapter, §§
2-10-115
and
2-10-122
- 2-10-130, title 8, chapter 50, part 5, or misuse of legislative office for personal financial gain.
(d)
The governor is authorized to refer to the commission for investigation, in accordance with §
3-6-203
, any allegation the governor receives concerning a violation by an officer or staff member of the executive branch subject to the jurisdiction of the commission, pursuant to this chapter, §§
2-10-115
and
2-10-122
- 2-10-130, title 8, chapter 50, part 5, an executive order related to ethics, or misuse of office for personal financial gain.
(e)
The commission shall refer to the registry of election finance for investigation and appropriate action any complaint filed with the commission that is within the jurisdiction of the registry.
(f)
The commission is vested with jurisdiction over any violation of the laws administered and enforced by the commission, or any alleged violation referred to the commission pursuant to this section, that occurs within five (5) years prior to the filing of a complaint alleging a violation.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2009, ch. 556, § 16.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-107 - Powers of the commission

The Tennessee ethics commission possesses power to:
(1)
Subpoena witnesses, compel their attendance and testimony, conduct audits, administer oaths, take evidence and require, by subpoena duces tecum, the production of books, papers, records or other evidence needed for the performance of the commission's duties or exercise of its powers, including its duties and powers of investigation;
(2)
Issue written advisory opinions to any person subject to the jurisdiction of the commission in accordance with §§
3-6-117
and
3-6-308(a)(4)
. When issuing any advisory opinion or any other interpretive document, the commission shall review and consider all operative statutory provisions, as well as the legislative history pertaining to the statutory provisions, as evidenced by legislative committee and floor actions, discussions and debates;
(3)
Request legal and investigative assistance from the office of the attorney general and reporter;
(4)
Conduct a hearing to determine if an actual violation has occurred;
(5)
Issue an appropriate order following a determination of an actual violation;
(6)
Assess and collect late filing fees in amounts provided by statute;
(7)
Assess and collect a civil penalty as provided in this chapter, title 8, chapter 50, part 5, and rules promulgated pursuant to this chapter and title 8, chapter 50, part 5; provided, that the commission shall only have the power to assess a civil penalty after notice and opportunity for hearing; and
(8)
Seek injunctive relief in the chancery court of Davidson County to prevent continuing violations of this chapter.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2008, ch. 1182, § 2; 2009, ch. 556, § 18.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-108 - Prospective application of chapter

For the purposes of enforcement, this chapter shall be prospective only, and the Tennessee ethics commission shall limit its investigations to acts or omissions that occur on or after October 1, 2006.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-109 - Referral of criminal violations to law enforcement

Where the results of an investigation indicate a criminal violation has occurred, the commission shall refer the matter to the appropriate law enforcement agency.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-110 - Authority to petition for an order of enforcement

The Tennessee ethics commission has the authority to petition the chancery court, through the attorney general and reporter or its own legal counsel, for enforcement of any order it has issued. The court's order of enforcement has the same force and effect as a civil judgment.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-112 - Annual ethics course for supervisory personnel in the executive branch - Manuals and guides

(a)
The Tennessee ethics commission shall provide an annual ethics course concerning compliance with the laws administered and enforced by the commission for supervisory personnel in the executive branch of state government. The commission shall notify administrative departments and divisions in advance of the time and location of the course. The course may be offered on multiple occasions in locations that will make attendance by personnel in the three (3) grand divisions reasonably convenient. The ethics course shall include, but not be limited to, discussion of relevant laws, administrative regulations, advisory opinions, current ethical issues and situations, and development of problem-solving skills.
(b)
Administrative departments and divisions shall annually select appropriate supervisory personnel and shall communicate the name, position, and contact information of each individual required to attend the annual course to the commission prior to February 1.
(c)
In addition to any other manuals or guides prepared and published by the commission, the commission shall provide a manual for supervisory personnel of the executive branch that includes ethics statutes and administrative regulations relevant to such personnel, explanations of purposes and principles underlying the laws, explanations of technical and specific legal requirements, examples of practical applications of the laws and principles, a question-and-answer section regarding common problems and situations, summaries of advisory opinions, and any other information that would inform supervisory personnel of the executive branch about ethics laws and regulations and assist them in applying those laws and regulations to specific situations. The manual may be distributed to supervisory personnel, and shall be made available to the public, by posting the manual in pdf format on the commission's website.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-113 - Annual orientation ethics course and current issues course for members of the general assembly - Manuals and guides

(a)
(1)
The Tennessee ethics commission shall provide an annual orientation ethics course concerning compliance with the laws administered and enforced by the commission for members of the general assembly who have not yet taken the orientation ethics course and shall offer an annual current issues course for members of the general assembly who have taken the orientation course. Such courses shall be offered on a date or dates when the general assembly is in session. The commission shall notify members in advance of the time and location of the courses.
(2)
The orientation ethics course shall include, but not be limited to, laws administered and enforced by the commission, administrative regulations, relevant internal policies, specific technical and legal requirements, summaries of advisory opinions, underlying purposes and principles of ethics laws, examples of practical applications of ethics laws, and a question-and-answer participatory segment regarding common problems and situations.
(3)
The current issues course shall include, but not be limited to, discussion of changes in relevant laws, administrative regulations, new advisory opinions, current ethical issues and situations, and development of problem-solving skills.
(b)
Members of the general assembly shall attend the courses provided by the commission pursuant to subsection (a). However, a member may petition the commission to approve an ethics course other than a course offered by the commission to fulfill the current issues course requirement.
(c)
In addition to any other manuals or guides prepared and published by the commission, the commission shall provide a manual for members of the general assembly that includes ethics statutes and administrative regulations relevant to members, explanations of purposes and principles underlying the laws, explanations of technical and specific legal requirements, examples of practical applications of the laws and principles, a question-and-answer section regarding common problems and situations, summaries of advisory opinions, and any other information that would inform members about ethics laws and regulations and assist them in applying those laws and regulations to specific situations. The manual may be distributed to members of the general assembly, and shall be made available to the public, by posting the manual in pdf format on the commission's website.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-114 - Annual ethics course for lobbyists and employers of lobbyists - Manuals and guides

(a)
The Tennessee ethics commission shall provide an annual ethics course on multiple dates, both when the general assembly is in session and when the general assembly is not in session for both lobbyists and employers of lobbyists. The training may be offered electronically. Training shall include, but not be limited to, laws administered and enforced by the commission, administrative regulations, relevant internal policies, specific technical and legal requirements, and summaries of advisory opinions. The commission shall impose a fee for attending the ethics course that will enable participation in the course to be funded from the fee.
(b)
Each lobbyist shall attend one (1) ethics course annually. A lobbyist may petition the commission to approve an ethics course other than a course offered by the commission to fulfill the ethics course requirement. A lobbyist may also attend one (1) of the annual ethics courses provided for members of the general assembly pursuant to §
3-6-113
in lieu of the course described in this section.
(c)
In addition to any other manuals or guides prepared and published by the commission, the commission shall provide a manual for lobbyists and employers of lobbyists that includes ethics statutes and administrative regulations relevant to lobbyists and employers of lobbyists, explanations of purposes and principles underlying the laws, explanations of technical and specific legal requirements, examples of practical applications of the laws and principles, a question-and-answer section regarding common problems and situations, summaries of advisory opinions, and any other information that would inform lobbyists and employers of lobbyists about ethics laws and regulations and assist them in applying those laws and regulations to specific situations. The manual may be distributed to lobbyists and employers of lobbyists, and shall be made available to the public, by posting the manual in pdf format on the commission's website.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2007 , ch. 413, § 1; 2008 , ch. 697, § 1; 2011 , ch. 124, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 1 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - ETHICS COMMISSION (§§ 3-6-101 — 3-6-117) › Section 3-6-116 - Training program for members of the commission

(a)
A person who is appointed to the Tennessee ethics commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program provided by the office of the attorney general and reporter that complies with this section. This section shall not apply to members who are reappointed to the commission for a subsequent term.
(b)
The training program shall provide the person with information regarding:
(1)
The legislation that created the commission;
(2)
The role and function of the commission;
(3)
The rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(4)
The current budget for the commission;
(5)
The results of the most recent formal audit of the commission;
(6)
The requirements of the laws administrated and enforced by the commission; and
(7)
Any applicable policies adopted by the commission.
(c)
A person appointed to the commission is entitled to reimbursement for expenses incurred in attending the training program.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-202 - Confidentiality - Public disclosure

(a)
(1)
The members and staff of the Tennessee ethics commission shall preserve the confidentiality of all commission proceedings, including records relating to a preliminary investigation. Such records shall be exempt from title 10, chapter 7 and shall be confidential until:
(A)
The alleged violator requests in writing that the investigation and associated records and meetings be made public;
(B)
The commission finds that probable cause exists to believe that a violation has occurred. Upon this determination, the records and proceedings shall be made public on:
(i)
The date the public hearing to determine whether a violation has occurred commences; or
(ii)
The date the commission refers a matter based upon a finding of probable cause; or
(C)
The commission determines that no probable cause exists to believe that a violation has occurred. Upon such determination, the records and proceedings shall be made public sixty (60) days after:
(i)
The date the report of the commission's finding is issued, if the complainant does not request a probable cause hearing pursuant to §
3-6-203(b)(2)
; or
(ii)
The date the commission issues its finding of no probable cause from a probable cause hearing.
(2)
No personal or professional financial records of the alleged violator shall be disclosed pursuant to this section upon a finding of no probable cause.
(3)
A member of the commission or a member of the commission staff may acknowledge receipt of a complaint or may disclose information to the extent necessary to successfully pursue an investigation. In no event shall such information against a candidate in any election, as defined in §
2-10-102
, be disclosed during the period from thirty (30) days immediately preceding the commencement of voting for that election through election day, unless the candidate requests in writing the disclosure of the information.
(b)
A member of the commission or member of the commission staff who knowingly discloses information in violation of this section commits a Class C misdemeanor. A violation of this section also subjects the person to the civil penalties imposed by §
3-6-205(a)(2)
. Violation of this section by a member of the commission shall be grounds for removal from office.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27; 2008 , ch. 697, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-203 - Preliminary investigation - Referral of sufficient complaint to attorney general - Presentation of evidence on probable cause - Determination of probable cause - Public hearing

(a)
The commission shall initiate a preliminary investigation of each sworn complaint that complies with §
3-6-201
. If the commission determines that the sworn complaint does not comply with §
3-6-201
, then the commission shall dismiss the complaint and notify the complainant. In the notification sent to the complainant, the commission shall state with particularity why the complaint does not comply with §
3-6-201
. If the commission has referred the complaint to the registry of election finance, then the commission shall also notify the complainant of the referral.
(b)
(1)
The commission shall refer a factually and legally sufficient complaint to the office of the attorney general and reporter, who shall conduct a preliminary investigation. The commission shall make a probable cause determination after the office of the attorney general and reporter completes its investigation and reports its findings to the commission. Both the alleged violator and the complainant shall be entitled, upon request, to present evidence before the commission prior to the commission's probable cause determination. The commission shall have notice that evidence will be presented to the commission personally served upon, or sent by return receipt requested mail, to the alleged violator and the complainant. The commission has discretion to determine the appropriate procedure for the presenting of evidence.
(2)
If the commission determines that no probable cause exists to believe a violation of any law or rule administered and enforced by the commission occurred, the commission shall dismiss the complaint by issuing a report to the complainant and the alleged violator, stating with particularity its reasons for dismissal of the complaint. A complainant may request a hearing upon a determination of no probable cause. If after the hearing the commission determines that there is no probable cause, the commission may order the complainant to reimburse the alleged violator for any reasonable costs and reasonable attorney fees the alleged violator has incurred.
(3)
If the commission determines that probable cause exists to believe a violation of any law or rule administered and enforced by the commission occurred, the commission shall conduct a public hearing and, if the alleged violator is a member of the general assembly, shall notify the ethics committee of the appropriate house of the probable cause determination. Both the alleged violator and the complainant shall receive, by personal service or return receipt requested mail, notice of the time, date, and location of the hearing.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-204 - Subpoena power - Fees - Judicial review - Procedure

(a)
The Tennessee ethics commission, on its own motion or at the request of the alleged violator, may issue subpoenas in accordance with the Tennessee Rules of Civil Procedure, except that service may be by certified mail, in addition to the means of service provided by the Tennessee Rules of Civil Procedure. Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided by law or by action of the commission. The party requesting the subpoenas shall bear the cost of paying the fees to the witnesses subpoenaed.
(b)
(1)
A person who is aggrieved by a final disposition of the commission shall be entitled to judicial review.
(2)
Proceedings for review shall be instituted by filing a petition for review in the chancery court of Davidson County, unless another court is specified by statute. The petition shall be filed within sixty (60) days after the entry of the commission's final disposition on the complaint. Copies of the petition shall be served upon the commission, the complainant and all parties of record, including the attorney general and reporter, in accordance with the provisions of the Tennessee Rules of Civil Procedure pertaining to service of process.
(3)
The provision of §
4-5-322
relating to judicial review of agency decisions shall apply to a petition of review filed pursuant to this section.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-206 - Register of unpaid penalties - Effect of unpaid penalties

(a)
The Tennessee ethics commission shall maintain a register of all civil penalties imposed under this chapter and remaining unpaid.
(b)
If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, any candidate owing a civil penalty shall be ineligible to qualify for election to any state public office until the penalty and costs are paid.
(c)
If a civil penalty authorized by this section is imposed, it shall be considered a personal judgment against the person subject to the civil penalty.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-207 - Misuse of office for personal gain by general assembly member

Notwithstanding §
3-6-203
, if the commission determines that probable cause exists to believe that a member of the general assembly has committed an act constituting misuse of office for personal financial gain, then, except as otherwise provided in §
3-6-306(a)(3)
, no civil penalty shall be imposed and the commission shall instead report its determination and findings to the ethics committee of the appropriate house of the general assembly.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-208 - Sanctions for unsubstantiated complaints - Immunity

(a)
If the commission determines that a person:
(1)
Filed a complaint or provided information that resulted in an investigation knowing that the material statements in the complaint or the information provided was not true;
(2)
Filed an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or
(3)
Filed one (1) or more unsubstantiated complaints that constituted abuse of process, then the complainant is subject to the civil penalties authorized by §
3-6-205(a)(2)
and may be liable for any reasonable costs and reasonable attorney fees the alleged violator has incurred. The commission may also decline to consider any further complaints brought by the complainant.
(b)
The sanctions authorized by subsection (a) are not exclusive and do not preclude any other remedies or rights of action the alleged violator may have against the complainant or informant under the law; provided, that any person who in good faith files a verified complaint or any person, official, or agency that gives credible information that results in a formal complaint filed by the commission is immune from any civil liability that otherwise might result by reason of such actions.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 2 - TENNESSEE ETHICS COMMISSION ACT OF 2006 - VIOLATIONS (§§ 3-6-201 — 3-6-210) › Section 3-6-210 - Applicability of Sections 3-6-201 - 3-6-203 - Authority of commission to investigate alleged violations of title 8, chapter 50, part 5 - Petitions considered as contested case

(a)
Except as provided in subdivision (b)(1), §§
3-6-201
- 3-6-203 shall only apply to a complaint alleging a violation of this chapter.
(b)
(1)
The commission has the authority to investigate any alleged violation of title 8, chapter 50, part 5, upon a sworn complaint by a citizen of this state that meets the requirements of §
3-6-201(b)
or upon its own motion. The commission shall only have the power to assess a civil penalty after notice and opportunity for hearing.
(2)
A petition filed pursuant to §
3-6-205(a)(1)(B) or (a)(2)(B)
may be considered as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2009 , ch. 556, § 20.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 6 - ETHICS AND LOBBYING (§§ 3-6-101 — 3-6-309) › Part 3 - LOBBYISTS (§§ 3-6-301 — 3-6-309) › Section 3-6-307 - Exemption of lobbying activities when paid only out-of-pocket personal expenses

(a)
Notwithstanding any provision of this chapter to the contrary, if a person receives as compensation for lobbying only reimbursement for actual out-of-pocket personal expenses, and if the person receives reimbursement for ten (10) days or less per year, then the person is not a lobbyist for purposes of this chapter or §
67-4-1702(a)(1)
.
(b)
Notwithstanding any provision of this chapter to the contrary, if a person receives as compensation for lobbying only reimbursement for actual out-of-pocket personal expenses, and if the person receives the reimbursement for more than ten (10) days per year, then the person shall register as a lobbyist and shall comply with all lobbyist requirements imposed pursuant to this chapter; provided, however, that the commission shall waive the person's registration fee and the person shall be exempt from payment of the occupational privilege tax on lobbyists imposed by §
67-4-1702(a)(1)
.
(c)
Notwithstanding any provision of this chapter to the contrary, if an individual or entity employs, retains or otherwise arranges for one or more persons to engage in lobbying for compensation, and if the only compensation paid is reimbursement for actual out-of-pocket personal expenses, and if the reimbursement is not paid for more than ten (10) days per person per year, then the individual or entity is not an employer of a lobbyist for purposes of this chapter.
(d)
For purposes of this section, the term "out-of-pocket personal expenses" includes such things as the lobbyist registration fee, legislative information services material, copying expenses, transportation costs, parking fees, and personal lodging and food expenses incurred while actually engaging in lobbying. Reimbursement for transportation, parking, personal lodging and food costs shall be limited to expenses allowed for those items in the comprehensive state travel regulations. No such reimbursed expenses shall be for the benefit of any public official, except for informational materials delivered to public officials.
Acts 2006 (1st Ex. Sess.), ch. 1, § 35; 2008 , ch. 1182, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 7 - FISCAL REVIEW COMMITTEE (§§ 3-7-101 — 3-7-114) › Section 3-7-102 - Meetings - Subcommittees - Expenses - Hearings on emergency purchase

(a)
The committee shall meet at least once in each fiscal quarter on such dates as it shall choose and at such other times as it considers necessary or upon call of the chair.
(b)
The committee may create subcommittees for such purposes as it considers advisable.
(c)
Members of the committee are entitled to be reimbursed for their expenses in attending meetings of the committee or any subcommittee thereof (including a mileage allowance for travel expenses), at the same rates and in the same manner as when attending the general assembly.
(d)
Upon agreement of the chair and vice chair, the committee may hold hearings on an emergency purchase reported to the committee pursuant to §
4-56-111
.
Amended by 2022 Tenn. Acts, ch. 1076, s 2, eff. 5/25/2022.
Acts 1967, ch. 12, § 2; 1967, ch. 198, § 2; T.C.A., § 3-702.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 7 - FISCAL REVIEW COMMITTEE (§§ 3-7-101 — 3-7-114) › Section 3-7-103 - Purpose of committee - Duties of committee and comptroller

(a)
The purpose of the committee is to become knowledgeable about the fiscal affairs of the state and to use every means of imparting this knowledge to the members of the general assembly, it being the function of the committee to conduct a continuing review of such items as revenue collections, budget requests from the several spending agencies of the state, the recommended executive budget, appropriations, work programs, allotments, reserves, impoundments, the state debt, and the condition of the various state funds.
(b)
The fiscal review committee has the responsibility of preparing and distributing the fiscal note statements required in §
3-2-107
.
(c)
The committee shall also call on the staff of the office of legal services, the [former] office of legislative services [repealed], or the office of legislative administration of the general assembly for such advice or services as it may require.
(d)
(1)
The comptroller of the treasury shall make quarterly reports to the committee concerning the state's fiscal affairs, which reports shall concern such subjects and be of such scope and depth as the committee may direct.
(2)
The comptroller of the treasury shall also perform such other duties and furnish such other information or services from time to time as the committee or any subcommittee thereof shall direct.
(e)
In carrying out the responsibilities of the committee, the committee, any subcommittee thereof, the staff director, or the comptroller of the treasury shall call upon the department of finance and administration, the department of revenue, the department of the treasury, and other executive, legislative, and judicial departments and agencies of state government for such information as the committee desires, and it is the duty of such departments and agencies to furnish promptly the desired information upon request of the comptroller of the treasury, the staff director, the committee or any subcommittee thereof.
(f)
The committee, with the comptroller of the treasury and the commissioner of finance and administration, or appointed members of their respective staffs, shall review at least annually the organization and operation of state government in order to determine if changes need to be made.
(g)
The comptroller of the treasury may delegate certain responsibilities in connection with serving the committee to one (1) or more members of the staff of the comptroller of the treasury, but shall be responsible to the committee and shall be personally available to the committee upon its request.
Acts 1967, ch. 12, § 3; 1967, ch. 198, § 3; 1968, ch. 526, § 1; 1971, ch. 24, § 1; 1977, ch. 89, § 21; T.C.A., §3-703; Acts 2012 , ch. 833, §§ 1, 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 7 - FISCAL REVIEW COMMITTEE (§§ 3-7-101 — 3-7-114) › Section 3-7-104 - Committee representation at executive budget meetings - Documents concerning budget and appropriations

(a)
The commissioner of finance and administration shall give the committee as much advance notice as possible of any formal meeting, hearing, or conference concerning the formulation of the executive budget for submission to the general assembly, and shall give the committee an opportunity to be represented at such meeting, hearing, or conference. The committee may be represented, at the direction of the committee or its chair, by one (1) or more of its members or by the comptroller of the treasury or by one (1) or more members of the staff of the comptroller of the treasury, or by any consultants or other staff, or by any combination thereof.
(b)
The commissioner of finance and administration shall, upon receipt thereof, furnish to the comptroller of the treasury and staff director copies of the estimated expenditure requirements, budget requests, proposed work programs and allotment requests from the various departments and agencies, and upon completion thereof, copies of revenue estimates, the approved or revised budgets, work programs and allotments for the various departments and agencies, the budget document, the appropriation bill, and any other documents pertinent to the state budget and appropriations.
Acts 1967, ch. 12, § 4; 1967, ch. 198, § 4; 1968, ch. 526, § 1; T.C.A., § 3-704.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 7 - FISCAL REVIEW COMMITTEE (§§ 3-7-101 — 3-7-114) › Section 3-7-105 - Reports

The committee shall report at least quarterly to the general assembly, and shall make such special reports to such standing committees as it thinks appropriate, concerning its work and may include any recommendation it wishes to make pertaining to the state's fiscal affairs.
Acts 1967, ch. 12, § 5; 1967, ch. 198, § 5; T.C.A., § 3-705.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 7 - FISCAL REVIEW COMMITTEE (§§ 3-7-101 — 3-7-114) › Section 3-7-106 - Subpoenas - Oaths

In carrying out its work, the committee is authorized to issue subpoenas, including subpoenas duces tecum, to enforce the attendance of witnesses and the production of records, documents, papers, or other items of evidence, and to administer oaths to persons testifying before the committee.
Acts 1967, ch. 12, § 6; 1967, ch. 198, § 6; T.C.A., § 3-706.