Tennessee Advisory Opinions January 01, 2006: TN Att. Gen. Op. 06-013

Collection: Tennessee Attorney General Opinions
Date: Jan. 1, 2006

Advisory Opinion Text

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202

January 19, 2006

Opinion No. 06-013

Application of Tenn. Code Ann. § 3-6-114 to Non-Registered Lobbyists_ QUESTION Whether the prohibition contained in Tenn. Code Ann. § 3-6-114 applies to non-registered lobbyists?

OPINION Yes.

ANALYSIS You have asked whether the prohibition contained in Tenn. Code Ann. § 3-6-114 applies to lobbyists that are paid, but not registered with the Tennessee Registry of Election Finance pursuant to Tenn. Code Ann. § 3-6-104. Tenn. Code Ann. § 3-6-114 provides in relevant part:

(a)(1) No lobbyist or employer of a lobbyist may provide a gift, directly or indirectly, to a candidate for public office, official in the legislative branch, official in the executive branch, or immediate family of such candidate or official.

(2) A candidate for public office, an official in the legislative branch, or an official in the executive branch, or immediate family of such candidate or official may not solicit or accept directly or indirectly a gift from a lobbyist or an employer of a lobbyist.

This Office has previously opined that a person who is a lobbyist within the meaning of the statute must comply with the gift ban outlined in Tenn. Code Ann. § 3-6-114(a), whether or not he or she is required to register as a lobbyist. See Op. Tenn. Att'y Gen. 95-108 (October 19, 1995) and 96-024 (February 22, 1996). Under the lobbying statutes, the term "lobbyist" is defined as "any person who engages in lobbying." Tenn. Code Ann. § 3-6-102(14) (2003). To "lobby" means "to communicate, directly or indirectly, with any official in the legislative branch or executive branch, for pay or for any consideration, for the purpose of influencing any legislative action or administrative action." Tenn. Code Ann. § 3-6-102(13) (2003).

It should be emphasized that whether any particular individual falls within the definition of the term "lobbyist" will depend on particular facts and circumstances. For example, whether an

individual is being paid for the lobbying activity may require an analysis of the duties of his or her job and whether such activity is a part of such duties. Under state law, the Registry of Election Finance is responsible for administering the state lobbying laws. Tenn. Code Ann. § 3-6-103. The statute gives these officials primary responsibility to apply the lobbying laws to specific facts and circumstances. As a result, questions requiring the application of the lobbying laws to specific facts and circumstances should be referred in the first instance to the Registry of Election Finance.

PAUL G. SUMMERS Attorney General

MICHAEL E. MOORE
Solicitor General

JANET M. KLEINFELTER
Senior Counsel

Requested by:

Honorable Bill Dunn State Representative 205 War Memorial Building Nashville, TN 37243-0116