Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0317 Compare Versions

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2-HOUSE BILL 471
3- By Zachary
2+<BillNo> <Sponsor>
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54 SENATE BILL 317
65 By Lowe
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87
98 SB0317
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1312 AN ACT to amend Tennessee Code Annotated, Title 3,
1413 Chapter 6 and Title 4, relative to agents of foreign
1514 entities.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Title 3, Chapter 6, is amended by adding the
1918 following as a new part:
2019 3-6-401. Findings.
2120 The general assembly finds that:
2221 (1) The voters, citizens, and policymakers of this state are entitled to
2322 transparency in the political and propaganda activities of organizations that may
2423 be controlled by or under the influence of foreign countries hostile to the interests
2524 of this state and of the United States;
2625 (2) In an increasingly globalized world, determining whether an
2726 organization's political and propaganda activities are funded by hostile foreign
2827 interests is often difficult; and
2928 (3) Legislation is needed to ensure the transparency necessary to allow
3029 voters, citizens, and policymakers to evaluate whether political and propaganda
3130 activities are funded by potentially hostile foreign actors.
3231 3-6-402. Part definitions.
3332 As used in this part:
3433 (1) "Agent of a hostile foreign principal" means:
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3938 (A) An individual who acts as an agent, employee, representative,
4039 or servant, or otherwise acts at the order, request, or under the direction
4140 or control of a hostile foreign principal;
4241 (B) Whose actions are financed in whole or in part by a hostile
4342 foreign principal; and
4443 (C) Who engages in political activity;
4544 (2) "Foreign-supported political organization" means a political party or a
4645 domestic partnership, association, corporation, organization, or any other
4746 combination of persons that has, within the past five (5) calendar years, received
4847 money or other things of value from a hostile foreign principal or an agent of a
4948 hostile foreign principal and that engages in political activity;
5049 (3) "Hostile foreign nation" means the People's Republic of China, the
5150 Russian Federation, the People's Republic of North Korea, and the Islamic
5251 Republic of Iran;
5352 (4) "Hostile foreign principal" means:
5453 (A) A government of a hostile foreign nation, a political party of a
5554 hostile foreign nation, or any member of a political party of a hostile
5655 foreign nation;
5756 (B) A nonresident alien of a hostile foreign nation;
5857 (C) A partnership, association, corporation, organization, or other
5958 combination of persons organized under the law of or having its principal
6059 place of business in a hostile foreign nation; or
6160 (D) A domestic partnership, association, corporation,
6261 organization, or other combination of persons that is at least twenty
6362 percent (20%) beneficially owned by a hostile foreign government, a
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6867 nonresident alien of a hostile foreign nation, or an entity organized under
6968 the laws of or having its principal place of business in a hostile foreign
7069 nation; and
7170 (5) "Political activity" means an activity that is performed to influence an
7271 agency or public official of this state, a local governmental entity within this state,
7372 or the public within this state, with reference to formulating, adopting, or changing
7473 the policies or laws of this state or electing or opposing a candidate for local or
7574 state public office.
7675 3-6-403. Registration of representatives of hostile foreign principals.
7776 (a) A person shall not act as an agent of a hostile foreign principal unless the
7877 person has filed with the Tennessee ethics commission a true and complete registration
7978 statement and supplements to such statements as required by this part.
8079 (b) Each person who is an agent of a hostile foreign principal shall, within ten
8180 (10) days after becoming an agent, file with the Tennessee ethics commission a
8281 registration statement, under oath, on a form prescribed by the Tennessee ethics
8382 commission. The obligation of an agent of a hostile foreign principal to file a registration
8483 statement shall, after the tenth day of becoming an agent, continue from day to day, and
8584 the termination of such status does not relieve such agent from the obligation to file a
8685 registration statement for the period during which the person was an agent of a foreign
8786 principal.
8887 (c) The registration statement must include the following:
8988 (1) Registrant's name, principal business address, and all other business
9089 addresses in the United States or elsewhere, and all residential addresses, if
9190 any;
9291 (2) A comprehensive statement of the nature of the registrant's business;
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9796 (3) A statement of the nature of the work of each hostile foreign principal
9897 for whom the registrant is acting, assuming, or purporting to act or has agreed to
9998 act, and the character of the business or other activities of every such hostile
10099 foreign principal. For a hostile foreign principal that is not a natural person, such
101100 statement must also detail the ownership and control to which each such foreign
102101 principal is supervised, directed, owned, controlled, financed, or subsidized, in
103102 whole or in part, by any government of a hostile foreign nation or political party of
104103 a hostile foreign nation, or by any other hostile foreign principal;
105104 (4) The nature and amount of contributions, income, money, or thing of
106105 value, if any, that the registrant has received within the preceding sixty (60) days
107106 from each such hostile foreign principal, either as compensation or for
108107 disbursement or otherwise, and the form and time of each such payment and
109108 from whom received;
110109 (5) A detailed statement of every activity that the registrant is performing
111110 or is assuming or purporting or has agreed to perform for the registrant or any
112111 other person other than a hostile foreign principal and that requires registration
113112 under this part;
114113 (6) The name, business, and residential addresses, and if an individual
115114 the nationality, of any person other than a hostile foreign principal for whom the
116115 registrant is acting, assuming, or purporting to act or has agreed to act under
117116 such circumstances that require registration under this part;
118117 (7) The nature and amount of contributions, income, money, or thing of
119118 value, if any, that the registrant has received during the preceding sixty (60) days
120119 from each person in connection with any of the activities referred to in subdivision
121120 (c)(6);
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126125 (8) A detailed statement of the money and other things of value spent or
127126 disposed of by the registrant during the preceding sixty (60) days in furtherance
128127 of or in connection with activities that require the registrant's registration under
129128 this part and that have been undertaken by the registrant either as an agent of a
130129 hostile foreign principal or for the registrant or any other person or in connection
131130 with any activities relating to the registrant becoming an agent of such principal;
132131 (9) A detailed statement of any contributions of money or other things of
133132 value made by the registrant during the preceding sixty (60) days to bring about
134133 the nomination or election of a candidate for any office, to bring about the recall
135134 of a public officer holding elective office, to oppose the recall of a public officer
136135 holding elective office, to bring about the approval or rejection by the voters of
137136 any proposed constitutional amendment, a state-wide referendum, or a proposed
138137 question that is to appear on the ballot in this state or in a county or a municipal
139138 election in this state; and
140139 (10) Such other statements, information, or documents pertinent to the
141140 purposes of this part as the Tennessee ethics commission may from time to time
142141 require.
143142 (d) The Tennessee ethics commission shall by rule require a registrant to update
144143 the information required by subsection (c) on at least a quarterly basis.
145144 3-6-404. Transparency in foreign-supported political organizations.
146145 (a) No later than July 1, 2025, each foreign-supported political organization shall
147146 register with the Tennessee ethics commission and provide the following information:
148147 (1) The name of the organization, its business address, and the names,
149148 titles, and addresses of all officers and directors of the organization;
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154153 (2) If the organization is affiliated with, or a chapter of, a national
155154 organization, the name of the national organization, its address, and the names
156155 and addresses of its officers and directors;
157156 (3) A detailed statement of any expenditures of money or other things of
158157 value made by the organization within the prior calendar year to influence any
159158 agency or public official of this state, any local governmental entity within this
160159 state, or the public within this state, with reference to formulating, adopting, or
161160 changing the policies or laws of this state or electing a candidate to local or state
162161 public office; and
163162 (4) A detailed statement of all money or other things of value received by
164163 the organization from a hostile foreign principal or an agent of a hostile foreign
165164 principal during the preceding calendar year.
166165 (b) The Tennessee ethics commission shall, by rule, require a registered foreign-
167166 supported organization to update the required information on no less than a quarterly
168167 basis.
169168 3-6-405. Penalties for violation – Authority of Tennessee ethics commission –
170169 Role of attorney general and reporter.
171170 (a) Upon receipt of a complaint that an agent of a hostile foreign principal or a
172171 foreign-supported political organization has failed to comply with the registration and
173172 reporting requirements of this part, or upon its own determination, the Tennessee ethics
174173 commission shall have authority to investigate and to assess penalties for the violation of
175174 this part.
176175 (b) The Tennessee ethics commission may assess penalties up to and including
177176 the following:
178177 (1) For any violation, up to five hundred dollars ($500) per infraction; and
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183182 (2) For willful or repeated violations, up to ten thousand dollars ($10,000)
184183 per infraction and, if the violator is an attorney, a reference of the matter to the
185184 supreme court for disbarment.
186185 (c) The Tennessee ethics commission may refer any matter to the attorney
187186 general and reporter for further civil or criminal action.
188187 SECTION 2. The headings in this act are for reference purposes only and do not
189188 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
190189 requested to include the headings in any compilation or publication containing this act.
191190 SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.