Section 0580-01-01-.04 - LOBBYIST REGISTRATION(1) Not later than seven (7) days after becoming a lobbyist, the lobbyist shall, as required by T.C.A. § 3-6-302, register with the Commission in the form and manner directed by the Commission; provided, however, persons engaged solely in monitoring legislation and rule-making activities are not required to register so long as their activities are limited to information-gathering, passive observation of legislative or rulemaking proceedings, reporting to clients, rendering opinions to clients, or advising clients on proposed legislation, rules, executive orders and similar actions; provided, further, the lobbyist and employer must register not later than seven (7) days after the commencement of an agreement to actively communicate, or not later than seven (7) days of the activities and responsibilities otherwise changing from passive monitoring to active direct or indirect communication with legislative or executive officials for the purpose of influencing any legislative or administrative action.(2) As a component of the registration process, the lobbyist shall verify the delivery of the Commission ethics manual as required by T.C.A. § 3-6-114(c)(1). In lieu of physical delivery, for the purpose of this rule, the ethics manual shall be considered "delivered" by the lobbyist to the employer if: (a) the lobbyist provided to the employer the Commission's current internet address where the manual is located; or(b) a lobbying firm, which provides more than one (1) lobbyist to the employer, mails or e-mails a copy of the ethics manual to the employer with a listing of all individuals who are authorized to lobby for the employer. The manual will be considered delivered to the employer by all of the duly authorized lobbyists contained on the list.(3) A lobbyist shall, within thirty (30) days of registration, submit a nonrefundable registration fee to the Commission in the form and manner directed by the Commission in the amount of one hundred and fifty dollars ($150.00) per individual employer registered; provided, however, that the Commission may, in its discretion in cases of extreme hardship as determined by a quorum of the Commission, reduce the registration fee or grant a waiver from the registration fee for a lobbyist employed by a duly incorporated not-for-profit organization whose only compensation is reimbursement of expenses.(4) Regardless of whether or not subject to a fee pursuant to the preceeding paragraph (3), registered lobbyists shall be subject to the lobbying restrictions and gift prohibitions contained in T.C.A. §§ 3-6-304 and 3-6-305 for the entire registration year, which runs from October 1 through September 30, even if the lobbyist's employment is terminated.(5) A lobbyist shall, within thirty (30) days of registration, submit a photographic portrait to the Commission for posting on the Commission's web page in the form and manner directed by the Commission; provided, however: (a) A new photographic portrait is not required for the annual renewal or modification of an existing registration; and(b) Photographic portraits may be updated or amended no more than annually unless otherwise authorized by the Commission due to technological errors.(6) For the purposes of this Chapter, no registration shall be considered completed until all information and documentation reasonably required to verify compliance with these rules has been received by the Commission and all fees have been submitted as directed by the Commission.(7) In the event that the Commission determines that circumstances beyond the lobbyist's control, including, but not limited to technological problems on the Commission's website, prevent the lobbyist from timely submitting forms or fees in the manner, electronic or otherwise, directed by the Commission, the Commission may, in its discretion, allow the form or fee to be submitted in an alternative manner, or may grant the lobbyist a reasonable extension of time to submit the required form or fee in the proper manner.(8) A lobbyist who registers with the Commission shall be subject to the lobbying restrictions and gift prohibitions contained in T.C.A. §§ 3-6-304 and 3-6-305 for the entire registration year, which runs from October 1 through September 30, even if the lobbyist's employment is terminated.(9) A lobbyist shall update, correct or otherwise modify the lobbyist's registration statement within seven (7) days of the occurrence of any event, action or changed circumstance that renders the registration statement inaccurate or incomplete.(a) Lobbyists shall not be required to verify delivery of the Commission ethics manual when amending a current registration.(b) Registration Following Termination of Lobbyist's Employment. If a lobbyist's employment with the employer is terminated for any reason by either party but the lobbyist is subsequently re-employed or retained the lobbyist must submit a new registration form and fee in accordance with this part, regardless of whether the lobbyist was already registered with that employer in the current registration year.(10) The Commission may, in its discretion in cases of extreme hardship as determined by a quorum of the Commission, reduce the fee assessed under T.C.A. § 3-6-114(a) or grant a waiver of such fee.(11) The computation of time within which to do any act required by this part shall be in accordance with § 1-3-102; provided, however, that documentation which has been properly submitted electronically in the form and manner directed by the Commission shall be considered filed at the actual date and time electronically received by the Commission.Tenn. Comp. R. & Regs. 0580-01-01-.04
Public necessity rule filed August 9, 2006; expired January 21, 2007. Public necessity rule filed February 2, 2007; expired July 17, 2007. Original rule filed March 23, 2007; effective July 27, 2007. Amendments filed November 30, 2007; effective March 28, 2008.Authority: T.C.A. §§ 3-6-102, 3-6-104, 3-6-105, 3-6-302, 3-6-304, 3-6-305 and 3-6-308(a)(9).