Tennessee Registry of Election Finance

Consulting FAQ

What are Consulting Services?
Who is affected by the Consulting Statute (Public Acts 2005 Chapter 102)?
What information must be disclosed on an In-State Consulting Disclosure report?
What information must be disclosed on an Out-of-State Consulting Disclosure report?
What information must be disclosed on a Lobbyist Relationship Disclosure report?
When is an In-State Consulting Disclosure report to be filed?
When is an Out-of-State Consulting Disclosure report to be filed?
When is a Lobbyist Relationship Disclosure report to be filed?
Where can I get one of the disclosure forms?
What happens if someone violates a provision of the Public Acts 2005 Chapter No. 102?

1. What are Consulting Services?

Public Acts 2005 Chapter 102 defined Consulting Services as follows:

Officials in Legislative or Executive Branches

Consulting Services is defined as "services to advise or assist a person or entity in influencing state legislative or administrative action as such term is defined in §3-6-102(11), including, but not limited to, services to advise or assist such person or entity in maintaining, applying for, soliciting or entering into a contract with the state. The term “consulting services” does not mean the practice or business of law in connection with representation of clients by a licensed attorney in a contested case action, administrative proceeding or rule making procedure.

Elected Municipal or County Officials (including members-elect)

Consulting Services is defined as "services to advise or assist a person or entity in influencing municipal or county legislative or administrative action as such term is defined in §3-6-102(11), including, but not limited to, services to advise or assist such person or entity in maintaining, applying for, soliciting or entering into a contract with the municipality or county represented by such official. The term “consulting services” does not mean the practice or business of law in connection with representation of clients by a licensed attorney in a contested case action, administrative proceeding or rule making procedure.

2. Who is affected by the Consulting Statute (Public Acts 2005 Chapter 102)?

Public Acts 2005 Chapter 102 applies to several different groups of individuals. Each group is affected differently. Below are the groups affected and how Chapter 102 applies to them.

Consulting Services Ban

General Assembly Members (including member-elects), Governor, Member of the Governor's Staff, Secretary of Sate, Treasurer and Comptroller of the Treasury

It is illegal for any of the above persons to knowingly receive a fee, commission or any form of compensation for consulting services from any person or entity other than compensation paid by the state, a county or municipality. It is also illegal for any person or entity to pay a consulting fee to any of the above persons.

Elected Municipal or County Officials (including member-elects)

In-State Consulting Services

Staff Person or Employee of the General Assembly; Member of a Commission established by and responsible to the General Assembly or either House thereof; Member or Employee of a State Regulatory Authority; and Member or Employee of any Executive Department or Agency or other State Body in the Executive Branch who receives a fee, commission, or other form of compensation for consulting services

Any person that meets the above definition must file an In-State Consulting Disclosure with the Registry of Election Finance detailing the activity.

Any person or entity (other than a state, county or municipality) that pays a fee , commission, or any other form of compensation for consulting services to a Staff Person or Employee of the General Assembly; Member of a Commission established by and responsible to the General Assembly or either House thereof; Member or Employee of a State Regulatory Authority; and Member or Employee of any Executive Department or Agency or other State Body in the Executive Branch

Any person or entity that meets the above definition must file an In-State Consulting Disclosure with the Registry of Election Finance detailing the activity.

Out-of-State Consulting Services

Any Person or Entity that contracts with the State of Tennessee and pays a fee, commission or any other form of compensation over $200 for consulting services to a General Assembly Member or their spouse for consulting services on contracts that the State of Tennessee is not a party for consulting services outside the State of Tennessee

Any person or entity that meets the above definition must file an Out-of-State Consulting Disclosure with the Registry of Election Finance detailing the activity.

Lobbyist Relationship

General Assembly Members (including member-elects), Governor, Member of the Governor's Staff, Secretary of Sate, Treasurer and Comptroller of the Treasury

Any of the above persons who have a sibling, spouse or child who is registered as a lobbyist with the Registry of Election Finance must file a Lobbyist Relationship Disclosure with the Registry of Election Finance.

Statement of Interests

General Assembly Members

Please note, General Assembly members should also be aware that the information that is required to be disclosed on their Statement of Interests was changed by Public Acts 2005 Chapter No. 102. These changes are detailed in the FAQs under the Conflict of Interest section.

3. What information must be disclosed on an In-State Consulting Disclosure report?

The following must be disclosed on an In-State Consulting Disclosure report:

name of the person to whom the fee was paid
position of the person to whom the fee was paid
complete address of the person receiving the fee
name of the person or entity paying the fee (if entity listed a contact person must also be listed)
complete address of the person or entity paying the fee
amount of the fee
date the services were rendered
general description of the services rendered

In addition, the In-State Consulting Disclosure report must be signed by the person completing the form and be notarized.

4. What information must be disclosed on an Out-of-State Consulting Disclosure report?

The following must be disclosed on an Out-of-State Consulting Disclosure report:

name of the person or entity paying the fee (if entity listed a contact person must also be listed)
complete address of the person or entity paying the fee
name of the person to whom the fee was paid
position of the person to whom the fee was paid
complete address of the person to whom the fee was paid
amount of the fee
date the services were rendered
general description of the services rendered

In addition, the Out-of-State Consulting Disclosure report must be signed by the person completing the form and be notarized.

5. What information must be disclosed on a Lobbyist Relationship Disclosure report?

The following must be disclosed on a Lobbyist Relationship Disclosure report:

name of the person making the disclosure
complete business address of the person making the disclosure
name of the registered lobbyist
complete business address of the registered lobbyist
position of the registered lobbyist
name of each person for whom the lobbyist is registered
address of each person for whom the lobbyists is registered

In addition, the Lobbyist Relationship Disclosure must be signed by the person completing the form and be notarized.

6. When is an In-State Consulting Disclosure report to be filed?

An In-State Consulting Disclosure is to be filed with the Registry of Election Finance within five (5) days of entering into the contract for consulting services. The disclosure is required to be updated quarterly until the contract has ended. The quarterly report must be filed with the Registry of Election Finance within ten (10) days of the end of the quarter. If the due date is a weekend or holiday, the disclosure must be filed with the Registry of Election Finance by the next business day.

7. When is an Out-of-State Consulting Disclosure report to be filed?

An Out-of-State Consulting Disclosure is to be filed with the Registry of Election Finance within five (5) days of entering into the contract for consulting services. The disclosure is required to be updated annually. The annual update must be filed with the Registry of Election Finance by February 1.

8. When is a Lobbyist Relationship Disclosure report to be filed?

A Lobbyist Relationship Disclosure is required to be filed no later than February 1 of each year. A supplementary Lobbyist Relationship Disclosure should be filed with the Registry of Election Finance within ten (10) days of any change.

9. Where can I get one of the disclosure forms?

All disclosure forms are available online at www.state.tn.us/tref or by calling (615) 741-7959.

10. What happens if someone violates a provision of the Public Acts 2005 Chapter No. 102?

Consulting Services Ban

A violation of the consulting services ban that would also constitute the offense of bribery, §39-16-102, would result in the violation being treated as a Class C felony. In addition, any person convicted of such an offense would be forever afterwards disqualified from holding any office under the laws or Constitution of the State of Tennessee.

Any other violation of the consulting services ban would result in a Class A misdemeanor. In addition, any person convicted of such an offense would be forever afterwards disqualified from holding any office under the laws or Constitution of the State of Tennessee.

In-State Consulting Services

It is a Class C misdemeanor for any person or entity to knowingly fail to file an In-State Consulting Disclosure. It is also a Class C misdemeanor for any person or entity to file an In-State Consulting Disclosure more than 30 days after the due date.

Out-of-State Consulting Disclosure

It is a Class C misdemeanor for any person or entity to knowingly fail to file an Out-of-State Consulting Disclosure. It is also a Class C misdemeanor for any person or entity to file an Out-of-State Consulting Disclosure more than 30 days after the due date.

Lobbyist Relationship Disclosure

It is a Class C misdemeanor for any person to fail to file a Lobbyist Relationship Disclosure.