Tenn. Comp. R. & Regs. 0580-01-01-.04 - LOBBYIST REGISTRATION
(1) Not later than
seven (7) days after becoming a lobbyist, the lobbyist shall, as required by
T.C.A. §
3-6-302, register with the
Commission in the form and manner directed by the Commission; provided,
however, persons engaged solely in monitoring legislation and rule-making
activities are not required to register so long as their activities are limited
to information-gathering, passive observation of legislative or rulemaking
proceedings, reporting to clients, rendering opinions to clients, or advising
clients on proposed legislation, rules, executive orders and similar actions;
provided, further, the lobbyist and employer must register not later than seven
(7) days after the commencement of an agreement to actively communicate, or not
later than seven (7) days of the activities and responsibilities otherwise
changing from passive monitoring to active direct or indirect communication
with legislative or executive officials for the purpose of influencing any
legislative or administrative action.
(2) As a component of the registration
process, the lobbyist shall verify the delivery of the Commission ethics manual
as required by T.C.A. §
3-6-114(c)(1). In
lieu of physical delivery, for the purpose of this rule, the ethics manual
shall be considered "delivered" by the lobbyist to the employer if:
(a) the lobbyist provided to the employer the
Commission's current internet address where the manual is located; or
(b) a lobbying firm, which provides more than
one (1) lobbyist to the employer, mails or e-mails a copy of the ethics manual
to the employer with a listing of all individuals who are authorized to lobby
for the employer. The manual will be considered delivered to the employer by
all of the duly authorized lobbyists contained on the list.
(3) A lobbyist shall, within
thirty (30) days of registration, submit a nonrefundable registration fee to
the Commission in the form and manner directed by the Commission in the amount
of one hundred and fifty dollars ($150.00) per individual employer registered;
provided, however, that the Commission may, in its discretion in cases of
extreme hardship as determined by a quorum of the Commission, reduce the
registration fee or grant a waiver from the registration fee for a lobbyist
employed by a duly incorporated not-for-profit organization whose only
compensation is reimbursement of expenses.
(4) Regardless of whether or not subject to a
fee pursuant to the preceeding paragraph (3), registered lobbyists shall be
subject to the lobbying restrictions and gift prohibitions contained in T.C.A.
§§
3-6-304 and
3-6-305 for the entire registration
year, which runs from October 1 through September 30, even if the lobbyist's
employment is terminated.
(5) A
lobbyist shall, within thirty (30) days of registration, submit a photographic
portrait to the Commission for posting on the Commission's web page in the form
and manner directed by the Commission; provided, however:
(a) A new photographic portrait is not
required for the annual renewal or modification of an existing registration;
and
(b) Photographic portraits may
be updated or amended no more than annually unless otherwise authorized by the
Commission due to technological errors.
(6) For the purposes of this Chapter, no
registration shall be considered completed until all information and
documentation reasonably required to verify compliance with these rules has
been received by the Commission and all fees have been submitted as directed by
the Commission.
(7) In the event
that the Commission determines that circumstances beyond the lobbyist's
control, including, but not limited to technological problems on the
Commission's website, prevent the lobbyist from timely submitting forms or fees
in the manner, electronic or otherwise, directed by the Commission, the
Commission may, in its discretion, allow the form or fee to be submitted in an
alternative manner, or may grant the lobbyist a reasonable extension of time to
submit the required form or fee in the proper manner.
(8) A lobbyist who registers with the
Commission shall be subject to the lobbying restrictions and gift prohibitions
contained in T.C.A. §§
3-6-304 and
3-6-305 for the entire registration
year, which runs from October 1 through September 30, even if the lobbyist's
employment is terminated.
(9) A
lobbyist shall update, correct or otherwise modify the lobbyist's registration
statement within seven (7) days of the occurrence of any event, action or
changed circumstance that renders the registration statement inaccurate or
incomplete.
(a) Lobbyists shall not be
required to verify delivery of the Commission ethics manual when amending a
current registration.
(b)
Registration Following Termination of Lobbyist's Employment. If a lobbyist's
employment with the employer is terminated for any reason by either party but
the lobbyist is subsequently re-employed or retained the lobbyist must submit a
new registration form and fee in accordance with this part, regardless of
whether the lobbyist was already registered with that employer in the current
registration year.
(10)
The Commission may, in its discretion in cases of extreme hardship as
determined by a quorum of the Commission, reduce the fee assessed under T.C.A.
§
3-6-114(a) or
grant a waiver of such fee.
(11)
The computation of time within which to do any act required by this part shall
be in accordance with §
1-3-102; provided, however, that
documentation which has been properly submitted electronically in the form and
manner directed by the Commission shall be considered filed at the actual date
and time electronically received by the Commission.
Notes
Authority: T.C.A. §§ 3-6-102, 3-6-104, 3-6-105, 3-6-302, 3-6-304, 3-6-305 and 3-6-308(a)(9).
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