1 | 1 | | |
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2 | 2 | | SENATE BILL 317 |
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3 | 3 | | By Lowe |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 471 |
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6 | 6 | | By Zachary |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0471 |
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10 | 10 | | 002014 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 3, |
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14 | 14 | | Chapter 6 and Title 4, relative to agents of foreign |
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15 | 15 | | entities. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 3, Chapter 6, is amended by adding the |
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19 | 19 | | following as a new part: |
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20 | 20 | | 3-6-401. Findings. |
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21 | 21 | | The general assembly finds that: |
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22 | 22 | | (1) The voters, citizens, and policymakers of this state are entitled to |
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23 | 23 | | transparency in the political and propaganda activities of organizations that may |
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24 | 24 | | be controlled by or under the influence of foreign countries hostile to the interests |
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25 | 25 | | of this state and of the United States; |
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26 | 26 | | (2) In an increasingly globalized world, determining whether an |
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27 | 27 | | organization's political and propaganda activities are funded by hostile foreign |
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28 | 28 | | interests is often difficult; and |
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29 | 29 | | (3) Legislation is needed to ensure the transparency necessary to allow |
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30 | 30 | | voters, citizens, and policymakers to evaluate whether political and propaganda |
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31 | 31 | | activities are funded by potentially hostile foreign actors. |
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32 | 32 | | 3-6-402. Part definitions. |
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33 | 33 | | As used in this part: |
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34 | 34 | | (1) "Agent of a hostile foreign principal" means: |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 002014 |
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38 | 38 | | |
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39 | 39 | | (A) An individual who acts as an agent, employee, representative, |
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40 | 40 | | or servant, or otherwise acts at the order, request, or under the direction |
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41 | 41 | | or control of a hostile foreign principal; |
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42 | 42 | | (B) Whose actions are financed in whole or in part by a hostile |
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43 | 43 | | foreign principal; and |
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44 | 44 | | (C) Who engages in political activity; |
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45 | 45 | | (2) "Foreign-supported political organization" means a political party or a |
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46 | 46 | | domestic partnership, association, corporation, organization, or any other |
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47 | 47 | | combination of persons that has, within the past five (5) calendar years, received |
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48 | 48 | | money or other things of value from a hostile foreign principal or an agent of a |
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49 | 49 | | hostile foreign principal and that engages in political activity; |
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50 | 50 | | (3) "Hostile foreign nation" means the People's Republic of China, the |
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51 | 51 | | Russian Federation, the People's Republic of North Korea, and the Islamic |
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52 | 52 | | Republic of Iran; |
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53 | 53 | | (4) "Hostile foreign principal" means: |
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54 | 54 | | (A) A government of a hostile foreign nation, a political party of a |
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55 | 55 | | hostile foreign nation, or any member of a political party of a hostile |
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56 | 56 | | foreign nation; |
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57 | 57 | | (B) A nonresident alien of a hostile foreign nation; |
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58 | 58 | | (C) A partnership, association, corporation, organization, or other |
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59 | 59 | | combination of persons organized under the law of or having its principal |
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60 | 60 | | place of business in a hostile foreign nation; or |
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61 | 61 | | (D) A domestic partnership, association, corporation, |
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62 | 62 | | organization, or other combination of persons that is at least twenty |
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63 | 63 | | percent (20%) beneficially owned by a hostile foreign government, a |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 002014 |
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67 | 67 | | |
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68 | 68 | | nonresident alien of a hostile foreign nation, or an entity organized under |
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69 | 69 | | the laws of or having its principal place of business in a hostile foreign |
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70 | 70 | | nation; and |
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71 | 71 | | (5) "Political activity" means an activity that is performed to influence an |
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72 | 72 | | agency or public official of this state, a local governmental entity within this state, |
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73 | 73 | | or the public within this state, with reference to formulating, adopting, or changing |
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74 | 74 | | the policies or laws of this state or electing or opposing a candidate for local or |
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75 | 75 | | state public office. |
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76 | 76 | | 3-6-403. Registration of representatives of hostile foreign principals. |
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77 | 77 | | (a) A person shall not act as an agent of a hostile foreign principal unless the |
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78 | 78 | | person has filed with the Tennessee ethics commission a true and complete registration |
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79 | 79 | | statement and supplements to such statements as required by this part. |
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80 | 80 | | (b) Each person who is an agent of a hostile foreign principal shall, within ten |
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81 | 81 | | (10) days after becoming an agent, file with the Tennessee ethics commission a |
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82 | 82 | | registration statement, under oath, on a form prescribed by the Tennessee ethics |
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83 | 83 | | commission. The obligation of an agent of a hostile foreign principal to file a registration |
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84 | 84 | | statement shall, after the tenth day of becoming an agent, continue from day to day, and |
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85 | 85 | | the termination of such status does not relieve such agent from the obligation to file a |
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86 | 86 | | registration statement for the period during which the person was an agent of a foreign |
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87 | 87 | | principal. |
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88 | 88 | | (c) The registration statement must include the following: |
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89 | 89 | | (1) Registrant's name, principal business address, and all other business |
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90 | 90 | | addresses in the United States or elsewhere, and all residential addresses, if |
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91 | 91 | | any; |
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92 | 92 | | (2) A comprehensive statement of the nature of the registrant's business; |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 002014 |
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96 | 96 | | |
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97 | 97 | | (3) A statement of the nature of the work of each hostile foreign principal |
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98 | 98 | | for whom the registrant is acting, assuming, or purporting to act or has agreed to |
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99 | 99 | | act, and the character of the business or other activities of every such hostile |
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100 | 100 | | foreign principal. For a hostile foreign principal that is not a natural person, such |
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101 | 101 | | statement must also detail the ownership and control to which each such foreign |
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102 | 102 | | principal is supervised, directed, owned, controlled, financed, or subsidized, in |
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103 | 103 | | whole or in part, by any government of a hostile foreign nation or political party of |
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104 | 104 | | a hostile foreign nation, or by any other hostile foreign principal; |
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105 | 105 | | (4) The nature and amount of contributions, income, money, or thing of |
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106 | 106 | | value, if any, that the registrant has received within the preceding sixty (60) days |
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107 | 107 | | from each such hostile foreign principal, either as compensation or for |
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108 | 108 | | disbursement or otherwise, and the form and time of each such payment and |
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109 | 109 | | from whom received; |
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110 | 110 | | (5) A detailed statement of every activity that the registrant is performing |
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111 | 111 | | or is assuming or purporting or has agreed to perform for the registrant or any |
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112 | 112 | | other person other than a hostile foreign principal and that requires registration |
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113 | 113 | | under this part; |
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114 | 114 | | (6) The name, business, and residential addresses, and if an individual |
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115 | 115 | | the nationality, of any person other than a hostile foreign principal for whom the |
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116 | 116 | | registrant is acting, assuming, or purporting to act or has agreed to act under |
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117 | 117 | | such circumstances that require registration under this part; |
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118 | 118 | | (7) The nature and amount of contributions, income, money, or thing of |
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119 | 119 | | value, if any, that the registrant has received during the preceding sixty (60) days |
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120 | 120 | | from each person in connection with any of the activities referred to in subdivision |
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121 | 121 | | (c)(6); |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | - 5 - 002014 |
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125 | 125 | | |
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126 | 126 | | (8) A detailed statement of the money and other things of value spent or |
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127 | 127 | | disposed of by the registrant during the preceding sixty (60) days in furtherance |
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128 | 128 | | of or in connection with activities that require the registrant's registration under |
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129 | 129 | | this part and that have been undertaken by the registrant either as an agent of a |
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130 | 130 | | hostile foreign principal or for the registrant or any other person or in connection |
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131 | 131 | | with any activities relating to the registrant becoming an agent of such principal; |
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132 | 132 | | (9) A detailed statement of any contributions of money or other things of |
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133 | 133 | | value made by the registrant during the preceding sixty (60) days to bring about |
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134 | 134 | | the nomination or election of a candidate for any office, to bring about the recall |
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135 | 135 | | of a public officer holding elective office, to oppose the recall of a public officer |
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136 | 136 | | holding elective office, to bring about the approval or rejection by the voters of |
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137 | 137 | | any proposed constitutional amendment, a state-wide referendum, or a proposed |
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138 | 138 | | question that is to appear on the ballot in this state or in a county or a municipal |
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139 | 139 | | election in this state; and |
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140 | 140 | | (10) Such other statements, information, or documents pertinent to the |
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141 | 141 | | purposes of this part as the Tennessee ethics commission may from time to time |
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142 | 142 | | require. |
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143 | 143 | | (d) The Tennessee ethics commission shall by rule require a registrant to update |
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144 | 144 | | the information required by subsection (c) on at least a quarterly basis. |
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145 | 145 | | 3-6-404. Transparency in foreign-supported political organizations. |
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146 | 146 | | (a) No later than July 1, 2025, each foreign-supported political organization shall |
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147 | 147 | | register with the Tennessee ethics commission and provide the following information: |
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148 | 148 | | (1) The name of the organization, its business address, and the names, |
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149 | 149 | | titles, and addresses of all officers and directors of the organization; |
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150 | 150 | | |
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151 | 151 | | |
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152 | 152 | | - 6 - 002014 |
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153 | 153 | | |
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154 | 154 | | (2) If the organization is affiliated with, or a chapter of, a national |
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155 | 155 | | organization, the name of the national organization, its address, and the names |
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156 | 156 | | and addresses of its officers and directors; |
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157 | 157 | | (3) A detailed statement of any expenditures of money or other things of |
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158 | 158 | | value made by the organization within the prior calendar year to influence any |
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159 | 159 | | agency or public official of this state, any local governmental entity within this |
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160 | 160 | | state, or the public within this state, with reference to formulating, adopting, or |
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161 | 161 | | changing the policies or laws of this state or electing a candidate to local or state |
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162 | 162 | | public office; and |
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163 | 163 | | (4) A detailed statement of all money or other things of value received by |
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164 | 164 | | the organization from a hostile foreign principal or an agent of a hostile foreign |
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165 | 165 | | principal during the preceding calendar year. |
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166 | 166 | | (b) The Tennessee ethics commission shall, by rule, require a registered foreign- |
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167 | 167 | | supported organization to update the required information on no less than a quarterly |
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168 | 168 | | basis. |
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169 | 169 | | 3-6-405. Penalties for violation – Authority of Tennessee ethics commission – |
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170 | 170 | | Role of attorney general and reporter. |
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171 | 171 | | (a) Upon receipt of a complaint that an agent of a hostile foreign principal or a |
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172 | 172 | | foreign-supported political organization has failed to comply with the registration and |
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173 | 173 | | reporting requirements of this part, or upon its own determination, the Tennessee ethics |
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174 | 174 | | commission shall have authority to investigate and to assess penalties for the violation of |
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175 | 175 | | this part. |
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176 | 176 | | (b) The Tennessee ethics commission may assess penalties up to and including |
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177 | 177 | | the following: |
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178 | 178 | | (1) For any violation, up to five hundred dollars ($500) per infraction; and |
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179 | 179 | | |
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180 | 180 | | |
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181 | 181 | | - 7 - 002014 |
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182 | 182 | | |
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183 | 183 | | (2) For willful or repeated violations, up to ten thousand dollars ($10,000) |
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184 | 184 | | per infraction and, if the violator is an attorney, a reference of the matter to the |
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185 | 185 | | supreme court for disbarment. |
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186 | 186 | | (c) The Tennessee ethics commission may refer any matter to the attorney |
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187 | 187 | | general and reporter for further civil or criminal action. |
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188 | 188 | | SECTION 2. The headings in this act are for reference purposes only and do not |
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189 | 189 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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190 | 190 | | requested to include the headings in any compilation or publication containing this act. |
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191 | 191 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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