Tenn. Comp. R. & Regs. 1360-11-02-.01 - [Effective until 9/14/2024] DEFINITIONS

The following terms as used in this Chapter have the following meanings:

(1) "Commercial sex industry" means a commercial enterprise primarily engaged in providing services or offering for sale, rental, or exhibition, devices or items intended to facilitate sexual stimulation or gratification for its clientele.

(2) "Entity" means a domestic or foreign for-profit corporation, limited partnership, limited liability company, professional association, cooperative association, bank, trust company, savings and loan association or company, insurance company, reciprocal or interinsurance exchange, railroad company, cemetery company, government-regulated cooperative, stock company, abstract and title insurance company, organization that engages in for-profit activities through the use of employees, or any other organization that is governed under the Tennessee Code Annotated, federal law, or the laws of another state or nation.

(3) "Human trafficking" means any offense referred to in TCA § 39-13-314(a)(1).

(4) "Human trafficking prevention training" means training designed to combat human trafficking, focusing on the accurate and prompt identification and reporting of, and response to, suspected human trafficking.

(5) "Partnership" or "partner" means an entity that has applied to participate in the Tennessee Businesses Against Trafficking program, has satisfied the requirements of participation in the program, and has received a Tennessee Businesses Against Trafficking Certificate.

(6) "Secretary of State" or "Secretary" means the Secretary of State or the Secretary of State's authorized representative or designee;

(7) "TBAT" means Tennessee Businesses Against Trafficking;

(8) "Zero-tolerance policy" means a policy regarding human trafficking that includes, at a minimum, the following:

(a) Compliance with relevant federal and state laws and regulations pertaining to human trafficking;

(b) A periodic review of the business's supply lines, supplies, agents, subcontractors, other inputs, and facilities associated with the business to identify potential vulnerabilities to human trafficking, and taking appropriate actions to address any adverse findings, which may include incorporating language in supplier contracts outlining the entity's human trafficking policies and encouraging suppliers to adhere to these policies; and

(c) Implementation of measures to prevent the use of business funds for patronizing business entities or others involved in the commercial sex industry and to ensure that business resources are not used to engage in sexual conduct that violates state or federal laws or to operate a business within the commercial sex industry.

Notes

Tenn. Comp. R. & Regs. 1360-11-02-.01

Emergency rules filed 3/18/2024; exp. through 9/14/2024 (Emergency).

Authority: T.C.A. § 38-1-802.