Part 1 Tennessee Ethics Commission Act of 2006 — Ethics Commission 3-6-101 – 3-6-117
Part 2 Tennessee Ethics Commission Act of 2006 — Violations 3-6-201 – 3-6-210
Part 3 Lobbyists 3-6-301 – 3-6-309

Terms Used In Tennessee Code > Title 3 > Chapter 6 - Ethics and Lobbying

  • Administrative action: means the taking of any recommendation, report or nonministerial action. See Tennessee Code 3-6-301
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. Allegation: something that someone says happened.
    3. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    4. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    5. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    6. Appraisal: A determination of property value.
    7. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    8. Arrest: Taking physical custody of a person by lawful authority.
    9. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    10. Association: means any union, league, chamber of commerce, committee, club, or other membership organization. See Tennessee Code 3-6-301
    11. Attorney general: means the attorney general and reporter. See Tennessee Code 3-6-301
    12. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
    13. Board: means the Tennessee hall of fame board created within the department under §. See Tennessee Code 4-3-5402
    14. Board: means the state board for licensing contractors, created by §. See Tennessee Code 4-41-102
    15. Campaign contribution: means any contribution as defined by §. See Tennessee Code 3-6-301
    16. Candidate for public office: means any individual who has made a formal announcement of candidacy or who qualified under the law of this state to seek nomination for election or elections to any state public office, or has received contributions or made expenditures, except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures, with a view to bringing about that person's nomination for election or the election to state public office, and any individual who has been nominated for appointment as an official in the legislative or executive branch. See Tennessee Code 3-6-301
    17. Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
    18. Chambers: A judge's office.
    19. Citizen support organization: means an organization which:

      1. Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51. See Tennessee Code 4-3-2802
      2. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
      3. Commission: means the Tennessee film, entertainment and music commission. See Tennessee Code 4-3-4902
      4. Commission: means the Tennessee commission for the United States semiquincentennial commission. See Tennessee Code 4-44-102
      5. Commission: means the state procurement commission, which replaces the board of standards within former title 12, chapter 3, part 4. See Tennessee Code 4-56-101
      6. Commission: means the Tennessee state fair and exposition commission. See Tennessee Code 4-57-103
      7. Commissioner: means the commissioner of finance and administration or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner. See Tennessee Code 4-3-2802
      8. Commissioner: means the commissioner of economic and community development. See Tennessee Code 4-3-4902
      9. Commissioner: means the commissioner of tourist development, or the commissioner's designee. See Tennessee Code 4-3-5402
      10. Commissioner: means the commissioner of agriculture. See Tennessee Code 4-57-103
      11. Committee: means the state protest committee, which replaces the board of standards protest authority within former §. See Tennessee Code 4-56-101
      12. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
      13. Compensation: means any salary, fee, payment, reimbursement or other valuable consideration, or any combination thereof, whether received or to be received. See Tennessee Code 3-6-301
      14. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      15. Contract: A legal written agreement that becomes binding when signed.
      16. Conviction: A judgement of guilt against a criminal defendant.
      17. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      18. Corporation: means a nonprofit corporation, which shall be properly incorporated under the laws of this state and approved by the United States internal revenue service as an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code (26 U. See Tennessee Code 4-41-102
      19. Council: means the advisory council on state procurement. See Tennessee Code 4-56-101
      20. County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      21. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      22. Deed: The legal instrument used to transfer title in real property from one person to another.
      23. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      24. Department: means the department of finance and administration. See Tennessee Code 4-3-2802
      25. Department: means the department of economic and community development. See Tennessee Code 4-3-4902
      26. Department: means the department of tourist development. See Tennessee Code 4-3-5402
      27. Department: means the department of agriculture. See Tennessee Code 4-57-103
      28. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      29. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      30. Donor: The person who makes a gift.
      31. Electric operations: means all activities associated with the establishment, development, and administration of an electric system and the business of supplying electricity and associated services to the public, including, but not limited to, the generation, purchase, and sale of electric energy and the purchase, use and consumption of electric energy by ultimate consumers. See Tennessee Code 7-52-303
      32. Electric system: means all tangible and intangible property and resources of every kind and description used or held for use in the purchase, generation, transmission, distribution, and sale of electric energy. See Tennessee Code 7-52-303
      33. employer: means any person or entity that employs, retains or otherwise arranges for a lobbyist to engage in lobbying on behalf of the person or entity for compensation. See Tennessee Code 3-6-301
      34. Entertainment properties: means motion pictures, television programs, computer-generated imagery, interactive digital media, stand-alone post-production scoring and editing, sound recordings, and other audio, video, or audiovisual programs produced for distribution to the public. See Tennessee Code 4-3-5002
      35. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
      36. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
      37. Escrow: Money given to a third party to be held for payment until certain conditions are met.
      38. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
      39. Ex officio: Literally, by virtue of one's office.
      40. Executive director: means the director of the commission. See Tennessee Code 4-3-4902
      41. Exhibition: means one (1) or more displays or demonstrations which are of educational or entertainment value to those witnessing such exhibition. See Tennessee Code 4-57-103
      42. Expenditure: means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, to make an expenditure. See Tennessee Code 3-6-301
      43. exposition: means an exhibition of agricultural, business, manufacturing, or other industries and labor, education service organizations, social and religious groups or any other events or activities consistent with the general welfare and interests of the people of the state, and includes such services as are necessary for the care and comfort or amusement of the public. See Tennessee Code 4-57-103
      44. Firearms accessories: means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination. See Tennessee Code 4-54-103
      45. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
      46. Forbearance: A means of handling a delinquent loan. A
      47. Fraud: Intentional deception resulting in injury to another.
      48. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
      49. Generic and insignificant parts: includes , but is not limited to, springs, screws, nuts and pins. See Tennessee Code 4-54-103
      50. Gift: means any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received. See Tennessee Code 3-6-301
      51. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
      52. Goods: means all property, including, but not limited to, supplies, equipment, materials, printing, and insurance. See Tennessee Code 4-56-101
      53. Grant: means any grant awarded to the state or awarded by the state for the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Tennessee Code 4-56-101
      54. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
      55. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      56. Hall of fame: means the Tennessee sports hall of fame created under §. See Tennessee Code 4-3-5402
      57. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      58. Immediate family: means a spouse or minor child living in the household. See Tennessee Code 3-6-301
      59. incentive grant: means a grant for a state-certified production that is approved by the department to receive a grant based upon the recommendation of the executive director. See Tennessee Code 4-3-4902
      60. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
      61. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      62. Investigatory audit information: means data obtained pursuant to a finding of probable cause to believe that an employer or lobbyist has violated this part, including information pertaining to the source or amount of employer or lobbyist income, expenditures, receipts, assets, liabilities, net worth, or related financial or proprietary information that is received by, recorded by, prepared by, or collected by or on behalf of the ethics commission during the course of any audit, investigation or other examination undertaken for the purpose of ensuring compliance with, or imposing civil or criminal sanctions for violation of, this part. See Tennessee Code 3-6-301
      63. Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
      64. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      65. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      66. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
      67. Legislative action: means introduction, sponsorship, debate, voting or any other nonministerial official action or nonaction on any bill, resolution, amendment, nomination, appointment, report or any other matter pending or proposed in a legislative committee or in either house of the general assembly. See Tennessee Code 3-6-301
      68. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      69. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      70. lobby: includes communications by the contractor, subcontractor or other representative, and the contractor, subcontractor or other representative shall comply with the lobbying registration and other provisions of this part pertaining to lobbyists. See Tennessee Code 3-6-301
      71. Lobbying firm: means any firm, corporation, partnership or other business entity that regularly supplies lobbying services to others for compensation. See Tennessee Code 3-6-301
      72. Lobbyist: means any person who engages in lobbying for compensation. See Tennessee Code 3-6-301
      73. Local government: means any county, municipality, city or other political subdivision of this state. See Tennessee Code 4-3-5002
      74. Manufactured: means creating a firearm, a firearm accessory or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining or other processes for working materials. See Tennessee Code 4-54-103
      75. Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
      76. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      77. Month: means a calendar month. See Tennessee Code 1-3-105
      78. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      79. Municipality: means any incorporated city or town, metropolitan government, or county that now or hereafter owns and operates an electric system and buys all or part of its power requirements for resale and distribution from the Tennessee Valley authority. See Tennessee Code 7-52-303
      80. Net plant value of the electric plant: means the depreciated original cost of the electric plant, in service and held for future use, and the book value of construction work in progress, all as shown on the books of the electric system and all of which are for use in the generation, transmission, and distribution of electricity. See Tennessee Code 7-52-303
      81. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
      82. Oath: includes affirmation. See Tennessee Code 1-3-105
      83. Oath: A promise to tell the truth.
      84. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      85. Official: means an agent, employee, member, or representative of a state governmental entity, but does not mean the attorney general and reporter. See Tennessee Code 4-42-102
      86. 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, commissioners of the Tennessee public utility commission, or any member or employee of any executive department or agency or other state body in the executive branch. See Tennessee Code 3-6-301
      87. Official in the legislative branch: means any member, member-elect, any staff person or employee of the general assembly or any member of a commission established by and responsible to the general assembly or either house of the general assembly who takes legislative action. See Tennessee Code 3-6-301
      88. Other governing body: means only that body having the taxing authority. See Tennessee Code 5-16-101
      89. Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
      90. Oversight: Committee review of the activities of a Federal agency or program.
      91. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
      92. Person: means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. See Tennessee Code 3-6-301
      93. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      94. Plaintiff: The person who files the complaint in a civil lawsuit.
      95. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
      96. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
      97. Political subdivision: means any local governmental entity, including, but not limited to, any municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities. See Tennessee Code 4-58-102
      98. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
      99. Private act: includes , without limitation, the charter and any amendments to the charter of any home rule municipality or any metropolitan government. See Tennessee Code 7-52-303
      100. Probable cause: A reasonable ground for belief that the offender violated a specific law.
      101. Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any goods or services. See Tennessee Code 4-56-101
      102. Production company: means any person or entity that produces a film, movie, pilot, or show in this state. See Tennessee Code 4-3-4902
      103. Property: includes both personal and real property. See Tennessee Code 1-3-105
      104. Proposer: includes a "bidder" or "proposer" that is a legal entity that has properly registered as required by the state. See Tennessee Code 4-56-101
      105. Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
      106. Public defender: Represent defendants who can't afford an attorney in criminal matters.
      107. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
      108. Qualified alien: means :

        1. A qualified alien as defined by 8 U. See Tennessee Code 4-58-102
        2. Quorum: The number of legislators that must be present to do business.
        3. Random audit information: means information obtained pursuant to an examination of a lobbyist's employment contract, job description or other documentation in order to determine that no contingency fee arrangement prohibited under §. See Tennessee Code 3-6-301
        4. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
        5. real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        6. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
        7. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
        8. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        9. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        10. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        11. Sanctuary policy: means any directive, order, ordinance, resolution, practice, or policy, whether formally enacted, informally adopted, or otherwise effectuated, that:

          1. Limits or prohibits any state governmental entity or official from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien. See Tennessee Code 4-42-102
          2. SAVE program: means the systematic alien verification for entitlements program created pursuant to the federal Immigration Reform and Control Act of 1986 (8 U. See Tennessee Code 4-58-102
          3. Service of process: The service of writs or summonses to the appropriate party.
          4. Services: means all services and agreements obligating the state, except services for highway and road improvements, which are governed by title 54, and designer and construction services, which are governed under chapter 15 of this title. See Tennessee Code 4-56-101
          5. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
          6. SEVIS system: means the student and exchange visitor information system created pursuant to §. See Tennessee Code 4-58-102
          7. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
          8. Solicit: means to entreat, to implore, to ask, to attempt, or to try to obtain. See Tennessee Code 3-6-301
          9. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          10. State governmental entity: means any state agency, bureau, commission, council, department, law enforcement agency, or unit thereof, but does not mean the office of the attorney general and reporter. See Tennessee Code 4-42-102
          11. State-certified production: means a film, movie, pilot, or show. See Tennessee Code 4-3-4902
          12. Statute: A law passed by a legislature.
          13. Subpoena: A command to a witness to appear and give testimony.
          14. Subpoena duces tecum: A command to a witness to produce documents.
          15. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
          16. Taxing jurisdiction: means any county, incorporated city or town, or metropolitan government in Tennessee having the power to levy taxes, or any special taxing district in Tennessee on behalf of which ad valorem property taxes may be levied, for the support of governmental and related activities and services. See Tennessee Code 7-52-303
          17. Testify: Answer questions in court.
          18. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
          19. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
          20. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          21. Trustee: A person or institution holding and administering property in trust.
          22. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          23. Urban type public facilities: means and includes sanitary and storm sewer lines and facilities, plants for the collection, treatment and disposal of sewage and waste matter, facilities and plants for the incineration or other disposal of garbage, trash, ashes and other waste matter, or water supply and distribution lines, facilities and plants, chemical pipelines and docks, or all of these things, and fire protection and emergency medical services. See Tennessee Code 5-16-101
          24. Vendor: means a legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. See Tennessee Code 4-56-101
          25. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
          26. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
          27. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105