Amends TCA Title 3 and Title 4.
Present law concerning the regulation of lobbyists exempts certain types of communications from the definition of "lobbying," including communications by an employee of any department, agency or entity of state, county, or municipal government. This bill removes the exemption for communications of state government employees. This bill prohibits an executive agency, their employees, or authorized representatives or liaisons from using appropriated funds or funds under the agency's control, or engaging in any activity, in an attempt to influence legislative or administrative action. This bill requires the ethics commission to administratively assess a civil penalty in the amount of up to $100 per day (to a maximum of $3,000) against an executive agency or an employee of an agency, or both, for a violation. In addition to civil penalties, a violation of this bill's prohibition against using public funds to attempt to influence legislative or administrative action may result in: (1) The employee's dismissal; and (2) The agency being compelled to appear, upon proper motion, before the government operations committees for review. Upon review, either this bill authorizes either chamber's government operations committee to recommend to the general assembly to suspend the agency's rulemaking authority for a reasonable time period or with respect to a subject matter, by legislative enactment. This bill specifies that it does not prohibit an executive agency or executive agency employee from providing information pursuant to a request or communicating with others as employees of state government in pursuit of federal appropriations or in support for federal programs.
Present law concerning the regulation of lobbyists exempts certain types of communications from the definition of "lobbying," including communications by an employee of any department, agency or entity of state, county, or municipal government. This bill removes the exemption for communications of state government employees. This bill prohibits an executive agency, their employees, or authorized representatives or liaisons from using appropriated funds or funds under the agency's control, or engaging in any activity, in an attempt to influence legislative or administrative action. This bill requires the ethics commission to administratively assess a civil penalty in the amount of up to $100 per day (to a maximum of $3,000) against an executive agency or an employee of an agency, or both, for a violation. In addition to civil penalties, a violation of this bill's prohibition against using public funds to attempt to influence legislative or administrative action may result in: (1) The employee's dismissal; and (2) The agency being compelled to appear, upon proper motion, before the government operations committees for review. Upon review, either this bill authorizes either chamber's government operations committee to recommend to the general assembly to suspend the agency's rulemaking authority for a reasonable time period or with respect to a subject matter, by legislative enactment. This bill specifies that it does not prohibit an executive agency or executive agency employee from providing information pursuant to a request or communicating with others as employees of state government in pursuit of federal appropriations or in support for federal programs.
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