Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0653 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	SENATE BILL 229
3	3	By Briggs
4	4
5	5	HOUSE BILL 653
6	6	By Hicks T
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8	8
9	9	HB0653
10	10	001629
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13	13	AN ACT to amend Tennessee Code Annotated, Title 2;
14	14	Title 3 and Title 67, relative to the bureau of ethics
15	15	and campaign finance.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 2-10-105(e)(1), is amended by
19	19	adding the following after the first sentence:
20	20	If a local election covers more than one (1) county, then the local candidate shall
21	21	file the certification of a political treasurer with the local election commission in
22	22	each county in which the local election occurs.
23	23	SECTION 2. Tennessee Code Annotated, Title 2, Chapter 10, Part 1, is amended by
24	24	adding the following new section:
25	25	All political campaign committees registered with the registry of election finance
26	26	shall pay an annual registration fee of one hundred fifty dollars ($150) to the registry of
27	27	election finance upon registration and by no later than January 31 of each successive
28	28	year to partially offset the costs incurred by the registry of election finance in regulating
29	29	political campaign committees. Candidates for elective office are not required to pay a
30	30	registration fee in order to encourage persons to run for elective office.
31	31	SECTION 3. Tennessee Code Annotated, Section 2-10-102(4)(E), is amended by
32	32	deleting the language "one hundred dollars ($100)" and substituting instead "two hundred fifty
33	33	dollars ($250)", and by adding the words "or an entity's commercial" before the word "premises".
34	34	SECTION 4. Tennessee Code Annotated, Section 2-10-104, is amended by deleting the
35	35	section and substituting instead:
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40	40	All statements required by this part must be signed by the person filing such
41	41	statement under penalty of perjury. All statements required by this part to be filed
42	42	electronically must be filed under penalty of perjury, and each filer is required to
43	43	acknowledge such as part of the electronic filing process.
44	44	SECTION 5. Tennessee Code Annotated, Section 2-10-108(b)(1), is amended by
45	45	deleting the last two sentences of the subdivision and substituting instead:
46	46	Alternatively, if the registry determines that the complaint is factually and legally
47	47	sufficient and that the circumstances are appropriate, then the registry may order
48	48	the registry's staff to conduct an investigation or investigative audit of the alleged
49	49	violator's campaign finance disclosure reports. In such instances, the alleged
50	50	violator is obligated to produce all documentation required to be maintained by §
51	51	2-10-105(f) and to comply in good faith and with total candor with all requests for
52	52	documentation or clarification properly requested by the registry's investigator,
53	53	auditor, or counsel. Alternatively, the registry, in lieu of conducting any
54	54	investigation or audit, may proceed directly to a show cause hearing on the
55	55	sworn complaint.
56	56	SECTION 6. Tennessee Code Annotated, Section 2-10-108(b)(2), is amended by
57	57	deleting in the first sentence the language "either the attorney general’s investigation or the
58	58	audit" and substituting instead the language "a show cause hearing is ordered by the registry, or
59	59	any investigation or audit".
60	60	SECTION 7. Tennessee Code Annotated, Section 2-10-114(b), is amended by adding
61	61	the following as a new subdivision (3) and redesignating the existing subdivision (3) accordingly:
62	62	(3) Expenditures of campaign funds for the purposes of litigation to advance or
63	63	support the candidate's nomination for election or election to office or to challenge the
64	64	legitimacy of a potential opponent's candidacy is deemed not for personal use.
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69	69	However, expenditures of campaign funds for the purposes of litigation to defend the
70	70	candidate's standing or reputation in the community is deemed a personal use and is
71	71	prohibited.
72	72	SECTION 8. Tennessee Code Annotated, Section 2-10-302(e)(1), is amended by
73	73	deleting the second sentence and substituting instead:
74	74	A successful candidate for state or local public office who reports no outstanding
75	75	loans or obligations may continue to accept contributions for the purpose of
76	76	defraying officeholder expenses until the close of the reporting period following
77	77	the date of the election of the officeholder's successor, not including the reporting
78	78	period in which the election occurs.
79	79	SECTION 9. Tennessee Code Annotated, Section 2-10-302(e)(1), is amended by
80	80	designating the existing language as subdivision (e)(1)(A) and adding the following as new
81	81	subdivisions:
82	82	(B) A candidate for state or local public office, or an elected state or local official,
83	83	may continue to accept contributions in excess of outstanding debts and obligations
84	84	relating to an election between the date of the election and the close of the reporting
85	85	period immediately following the reporting period in which the election occurred.
86	86	(C) Notwithstanding subdivision (e)(1)(B), a candidate shall not accept an in-kind
87	87	contribution relating to an election after the date of the election, unless such in-kind
88	88	contribution is of a nature that allows such contribution to be converted to a monetary
89	89	value for the purpose of defraying outstanding debts and obligations incurred during that
90	90	election.
91	91	SECTION 10. Tennessee Code Annotated, Section 2-10-306, is amended by deleting
92	92	the section and substituting instead:
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97	97	(a) It is the intent of the general assembly to recognize that political campaign
98	98	committees controlled by a political party serve different and distinct purposes than other
99	99	registered political campaign committees.
100	100	(b)
101	101	(1) Political campaign committees controlled by a political party or a
102	102	caucus of such political party established by members of either house of the
103	103	general assembly are not subject to the contribution limits established by § 2-10-
104	104	302(b).
105	105	(2) A political campaign committee that is associated with a political party
106	106	or a caucus of such political party established by members of either house of the
107	107	general assembly, but not directly established, financed, maintained, or
108	108	controlled by such political party or caucus, is subject to the limits established by
109	109	§ 2-10-302(b).
110	110	SECTION 11. Tennessee Code Annotated, Section 3-6-113, is amended by adding the
111	111	following new subsection:
112	112	(d) The annual ethics training referenced in subsection (a) must also be provided
113	113	by the Tennessee ethics commission to all department commissioners in the executive
114	114	branch and all of the governor's cabinet level staff. Staff of the ethics commission shall
115	115	coordinate with the governor's ethics counsel to identify all executive staff required to
116	116	receive this annual training and to establish the location for this training. Such training
117	117	must be offered on a date when the general assembly is in session, and the governor's
118	118	ethics counsel shall notify impacted executive branch members of the time and location
119	119	of this annual training. The manual referenced in subsection (c) must be made available
120	120	to all executive branch officials taking this annual training.
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125	125	SECTION 12. Tennessee Code Annotated, Section 3-6-202, is amended by deleting the
126	126	section and substituting instead:
127	127	(a) Except as provided in subsections (b)-(d), all commission proceedings
128	128	regarding a sworn complaint, including records relating to a preliminary investigation, are
129	129	public records and are open to public inspection under title 10, chapter 7.
130	130	(b) All personal or professional financial records of the alleged violator are
131	131	confidential and not subject to public inspection.
132	132	(c) All information related to a sworn complaint against a candidate in an
133	133	election, as defined in § 2-10-102, is confidential and not subject to public inspection
134	134	during the period from thirty (30) days immediately preceding the commencement of
135	135	voting for that election through election day, unless the candidate requests in writing the
136	136	disclosure of the information.
137	137	(d) If a member of the commission or member of the commission staff knowingly
138	138	discloses information in violation of this section, then such disclosure is grounds for
139	139	immediate termination of a staff member's employment or immediate removal of a
140	140	commission member from office.
141	141	SECTION 13. Tennessee Code Annotated, Section 3-6-203(b)(1), is amended by
142	142	deleting the first two sentences and substituting instead:
143	143	The commission may refer a factually and legally sufficient complaint to
144	144	the office of the attorney general and reporter, who may conduct a preliminary
145	145	investigation, or the commission may conduct its own investigation, or the
146	146	commission may conduct a probable cause determination without first conducting
147	147	an investigation. If an investigation is requested, the commission shall make a
148	148	probable cause determination after the office of the attorney general and reporter
149	149	completes its investigation and reports its findings to the commission.
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154	154	SECTION 14. Tennessee Code Annotated, Section 67-4-1702, is amended by
155	155	designating the existing language as subsection (a) and adding the following as a new
156	156	subsection (b):
157	157	(b) Eighty percent (80%) of the privilege tax paid by registered lobbyists under
158	158	subdivision (a)(1), beginning in fiscal year 2025, must be allocated to the budget of the
159	159	bureau of ethics and campaign finance for purposes of replacing and updating its current
160	160	information technology platforms and website and to further offset the costs of the
161	161	bureau in performing its statutory responsibilities.
162	162	SECTION 15. Sections 2 and 11 of this act take effect on January 1, 2026, the public
163	163	welfare requiring it. All other provisions of this act take effect upon becoming law, the public
164	164	welfare requiring it.