Gifts
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IMPORTANT DEFINITIONS:
"Gift” is defined as “any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received.” T.C.A. § 3-6-301(11). Violations of the gift prohibitions may result in civil penalties of up to ten thousand dollars ($10,000). T.C.A. § 3-6-306.
“Lobby” means to communicate, directly or indirectly, with any official in the legislative branch or executive branch for the purpose of influencing any legislative action or administrative action.”
“Lobbyist” means any person who engages in lobbying for compensation.
"Official in the executive branch” means the governor, any member of the governor’s staff, any member or employee of a state regulatory commission, including, without limitation, directors of the Tennessee Regulatory Authority, or any member or employee of any executive department or agency or other state body in the executive branch. T.C.A. § 3-6-301(19).
”Immediate family” means a spouse or minor child living in the household. T.C.A. § 3-6-301(12).
IMPORTANT:
Lobbying can take place before the Legislature as well as before State agencies.
An Employer of a Lobbyist is any entity that retains a Lobbyist. Government entities can be Employers of Lobbyists if they retain outside Lobbyists (non-employees) but the government entity need not register and is not subject to the gift prohibitions.
Membership associations may be Employers of Lobbyists but the individual members are not Employers unless they retain their own Lobbyist.
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