Tennessee § 8-50-502 - Disclosure statements — Contents.

§ 8-50-502. Disclosure statements — Contents.

Disclosure shall be made of: The major source or sources of private income of more than one thousand dollars ($1,000), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, the spouse, or minor children residing with such person, but no dollar amounts need be stated. This subdivision (1) shall not be construed to require the disclosure of any client list or customer list; Any investment which the person making disclosure, that person's spouse, or minor children residing with that person has in any corporation or other business organization in excess of ten thousand dollars ($10,000) or five percent (5%) of the total capital; however, it shall not be necessary to state specific dollar amounts or percentages of such investments; Any person, firm, or organization for whom compensated lobbying is done by any associate of the person making disclosure, that person's spouse, or minor children residing with the person making disclosure, or any firm in which the person making disclosure or they hold any interest, complete to include the terms of any such employment and the measure or measures to be supported or opposed; In general terms by areas of the client's interest, the entities to which professional services, such as those of an attorney, accountant, or architect, are furnished by the person making disclosure or that person's spouse; By any member of the general assembly, the amount and source, by name, of any: Contributions from private sources for use in defraying the expenses necessarily related to the adequate performance of that member's legislative duties. The expenditure of campaign funds by an officeholder for the furtherance of the office of the officeholder is considered an expenditure under title 2, chapter 10, and such expenditures need not be reported under this chapter; and Travel expenses, including any expenses incidental to such travel, paid on behalf of the member by a person with an interest in a public policy of this state if the travel was for the purpose of informing or advising the member with respect to the public policy. Travel expenses do not include expenses for travel, if such expenses are paid for or reimbursed by a governmental entity or an established and recognized organization of elected or appointed state government officials, staff of state government officials, or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff; Any retainer fee which the person making the disclosure receives from any person, firm, or organization who is in the practice of promoting or opposing, influencing or attempting to influence, directly or indirectly, the passage or defeat of any legislation before the general assembly, the legislative committees, or the members to such entities; Any adjudication of bankruptcy or discharge received in any United States district court within five (5) years of the date of the disclosure; Any loan or combination of loans of more than one thousand dollars ($1,000) from the same source made in the previous calendar year to the person making disclosure or to the spouse or minor children unless: The loan is from an immediate family member; The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; The loan is from a partnership in which the legislator has at least ten percent (10%) partnership interest; or The loan is from a corporation in which more than fifty percent (50%) of the outstanding voting shares are owned by the person making disclosure or by a member of such person's immediate family. As used in this subdivision (8), “immediate family member” means a spouse, parent, sibling or child; and Such additional information as the person making disclosure might desire. Acts 1972, ch. 843, § 2; T.C.A., § 8-4126; Acts 1989, ch. 589, § 9; 1992, ch. 932, §§ 2, 3; 1992, ch. 978, §§ 2, 3; 1992, ch. 988, § 7; 2002, ch. 596, § 1; 2003, ch. 244, § 1; 2017, ch. 470, § 3. Compiler's Notes. For codification of Acts 1989, ch. 589, which enacted the Lobbying Ethics Acts of 1989, see Session Law Disposition Tables in Volume 13. Acts 2017, ch. 470, § 4 provided that the act, which amended this section, shall only apply to travel expenses incurred on or after May 30, 2017. Amendments. The 2017 amendment divided former (5) into the present introductory language of (5) and (5)(A); in the present introductory language of (5), substituted “of any:” for “or any contributions” at the end; in present (A), inserted “Contributions”, substituted “is considered” for “shall be considered as” preceding “an expenditure”, and inserted “and” at the end; and added (5)(B). Effective Dates. Acts 2017, ch. 470, § 4. May 30, 2017. Attorney General Opinions. Lobbying ethics, OAG 89-87, 1989 Tenn. AG LEXIS 69 (5/22/89). Application of campaign contribution limits to donations to constituent service accounts, OAG 95-098, 1995 Tenn. AG LEXIS 111 (9/22/95). T.C.A. § 8-50-502(5)(B) is ambiguous about whether travel expenses paid for or reimbursed by a foreign government are exempt from disclosure. The statutory context and legislative history suggest that the General Assembly did not intend to exempt from disclosure travel expenses paid for or reimbursed by a foreign government. The Ethics Commission, however, has the ultimate statutory authority to implement, enforce, and issue guidance on the proper interpretation of this provision. OAG 18-49, 2018 Tenn. AG LEXIS 48 (12/27/2018).