Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0229 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 653
3		-	By Hicks T
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 229
6	5		By Briggs
7	6
8	7
9	8		SB0229
10	9		001629
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 2;
14	13		Title 3 and Title 67, relative to the bureau of ethics
15	14		and campaign finance.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Section 2-10-105(e)(1), is amended by
19	18		adding the following after the first sentence:
20	19		If a local election covers more than one (1) county, then the local candidate shall
21	20		file the certification of a political treasurer with the local election commission in
22	21		each county in which the local election occurs.
23	22		SECTION 2. Tennessee Code Annotated, Title 2, Chapter 10, Part 1, is amended by
24	23		adding the following new section:
25	24		All political campaign committees registered with the registry of election finance
26	25		shall pay an annual registration fee of one hundred fifty dollars ($150) to the registry of
27	26		election finance upon registration and by no later than January 31 of each successive
28	27		year to partially offset the costs incurred by the registry of election finance in regulating
29	28		political campaign committees. Candidates for elective office are not required to pay a
30	29		registration fee in order to encourage persons to run for elective office.
31	30		SECTION 3. Tennessee Code Annotated, Section 2-10-102(4)(E), is amended by
32	31		deleting the language "one hundred dollars ($100)" and substituting instead "two hundred fifty
33	32		dollars ($250)", and by adding the words "or an entity's commercial" before the word "premises".
34	33		SECTION 4. Tennessee Code Annotated, Section 2-10-104, is amended by deleting the
35	34		section and substituting instead:
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37	36
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40	39		All statements required by this part must be signed by the person filing such
41	40		statement under penalty of perjury. All statements required by this part to be filed
42	41		electronically must be filed under penalty of perjury, and each filer is required to
43	42		acknowledge such as part of the electronic filing process.
44	43		SECTION 5. Tennessee Code Annotated, Section 2-10-108(b)(1), is amended by
45	44		deleting the last two sentences of the subdivision and substituting instead:
46	45		Alternatively, if the registry determines that the complaint is factually and legally
47	46		sufficient and that the circumstances are appropriate, then the registry may order
48	47		the registry's staff to conduct an investigation or investigative audit of the alleged
49	48		violator's campaign finance disclosure reports. In such instances, the alleged
50	49		violator is obligated to produce all documentation required to be maintained by §
51	50		2-10-105(f) and to comply in good faith and with total candor with all requests for
52	51		documentation or clarification properly requested by the registry's investigator,
53	52		auditor, or counsel. Alternatively, the registry, in lieu of conducting any
54	53		investigation or audit, may proceed directly to a show cause hearing on the
55	54		sworn complaint.
56	55		SECTION 6. Tennessee Code Annotated, Section 2-10-108(b)(2), is amended by
57	56		deleting in the first sentence the language "either the attorney general’s investigation or the
58	57		audit" and substituting instead the language "a show cause hearing is ordered by the registry, or
59	58		any investigation or audit".
60	59		SECTION 7. Tennessee Code Annotated, Section 2-10-114(b), is amended by adding
61	60		the following as a new subdivision (3) and redesignating the existing subdivision (3) accordingly:
62	61		(3) Expenditures of campaign funds for the purposes of litigation to advance or
63	62		support the candidate's nomination for election or election to office or to challenge the
64	63		legitimacy of a potential opponent's candidacy is deemed not for personal use.
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69	68		However, expenditures of campaign funds for the purposes of litigation to defend the
70	69		candidate's standing or reputation in the community is deemed a personal use and is
71	70		prohibited.
72	71		SECTION 8. Tennessee Code Annotated, Section 2-10-302(e)(1), is amended by
73	72		deleting the second sentence and substituting instead:
74	73		A successful candidate for state or local public office who reports no outstanding
75	74		loans or obligations may continue to accept contributions for the purpose of
76	75		defraying officeholder expenses until the close of the reporting period following
77	76		the date of the election of the officeholder's successor, not including the reporting
78	77		period in which the election occurs.
79	78		SECTION 9. Tennessee Code Annotated, Section 2-10-302(e)(1), is amended by
80	79		designating the existing language as subdivision (e)(1)(A) and adding the following as new
81	80		subdivisions:
82	81		(B) A candidate for state or local public office, or an elected state or local official,
83	82		may continue to accept contributions in excess of outstanding debts and obligations
84	83		relating to an election between the date of the election and the close of the reporting
85	84		period immediately following the reporting period in which the election occurred.
86	85		(C) Notwithstanding subdivision (e)(1)(B), a candidate shall not accept an in-kind
87	86		contribution relating to an election after the date of the election, unless such in-kind
88	87		contribution is of a nature that allows such contribution to be converted to a monetary
89	88		value for the purpose of defraying outstanding debts and obligations incurred during that
90	89		election.
91	90		SECTION 10. Tennessee Code Annotated, Section 2-10-306, is amended by deleting
92	91		the section and substituting instead:
93	92
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97	96		(a) It is the intent of the general assembly to recognize that political campaign
98	97		committees controlled by a political party serve different and distinct purposes than other
99	98		registered political campaign committees.
100	99		(b)
101	100		(1) Political campaign committees controlled by a political party or a
102	101		caucus of such political party established by members of either house of the
103	102		general assembly are not subject to the contribution limits established by § 2-10-
104	103		302(b).
105	104		(2) A political campaign committee that is associated with a political party
106	105		or a caucus of such political party established by members of either house of the
107	106		general assembly, but not directly established, financed, maintained, or
108	107		controlled by such political party or caucus, is subject to the limits established by
109	108		§ 2-10-302(b).
110	109		SECTION 11. Tennessee Code Annotated, Section 3-6-113, is amended by adding the
111	110		following new subsection:
112	111		(d) The annual ethics training referenced in subsection (a) must also be provided
113	112		by the Tennessee ethics commission to all department commissioners in the executive
114	113		branch and all of the governor's cabinet level staff. Staff of the ethics commission shall
115	114		coordinate with the governor's ethics counsel to identify all executive staff required to
116	115		receive this annual training and to establish the location for this training. Such training
117	116		must be offered on a date when the general assembly is in session, and the governor's
118	117		ethics counsel shall notify impacted executive branch members of the time and location
119	118		of this annual training. The manual referenced in subsection (c) must be made available
120	119		to all executive branch officials taking this annual training.
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125	124		SECTION 12. Tennessee Code Annotated, Section 3-6-202, is amended by deleting the
126	125		section and substituting instead:
127	126		(a) Except as provided in subsections (b)-(d), all commission proceedings
128	127		regarding a sworn complaint, including records relating to a preliminary investigation, are
129	128		public records and are open to public inspection under title 10, chapter 7.
130	129		(b) All personal or professional financial records of the alleged violator are
131	130		confidential and not subject to public inspection.
132	131		(c) All information related to a sworn complaint against a candidate in an
133	132		election, as defined in § 2-10-102, is confidential and not subject to public inspection
134	133		during the period from thirty (30) days immediately preceding the commencement of
135	134		voting for that election through election day, unless the candidate requests in writing the
136	135		disclosure of the information.
137	136		(d) If a member of the commission or member of the commission staff knowingly
138	137		discloses information in violation of this section, then such disclosure is grounds for
139	138		immediate termination of a staff member's employment or immediate removal of a
140	139		commission member from office.
141	140		SECTION 13. Tennessee Code Annotated, Section 3-6-203(b)(1), is amended by
142	141		deleting the first two sentences and substituting instead:
143	142		The commission may refer a factually and legally sufficient complaint to
144	143		the office of the attorney general and reporter, who may conduct a preliminary
145	144		investigation, or the commission may conduct its own investigation, or the
146	145		commission may conduct a probable cause determination without first conducting
147	146		an investigation. If an investigation is requested, the commission shall make a
148	147		probable cause determination after the office of the attorney general and reporter
149	148		completes its investigation and reports its findings to the commission.
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154	153		SECTION 14. Tennessee Code Annotated, Section 67-4-1702, is amended by
155	154		designating the existing language as subsection (a) and adding the following as a new
156	155		subsection (b):
157	156		(b) Eighty percent (80%) of the privilege tax paid by registered lobbyists under
158	157		subdivision (a)(1), beginning in fiscal year 2025, must be allocated to the budget of the
159	158		bureau of ethics and campaign finance for purposes of replacing and updating its current
160	159		information technology platforms and website and to further offset the costs of the
161	160		bureau in performing its statutory responsibilities.
162	161		SECTION 15. Sections 2 and 11 of this act take effect on January 1, 2026, the public
163	162		welfare requiring it. All other provisions of this act take effect upon becoming law, the public
164	163		welfare requiring it.