3-6-105 - Jurisdiction of commission Referral of complaints.

3-6-105. Jurisdiction of commission Referral of complaints.

(a)  The Tennessee ethics commission is vested with jurisdiction to administer and enforce the provisions of this chapter, §§ 2-10-115 and 2-10-122 2-10-130, and title 8, chapter 50, part 5.

(b)  In addition to the jurisdiction vested in subsection (a), with respect to members of the general assembly, the commission also has jurisdiction to investigate, in accordance with § 3-6-203, complaints alleging acts by a member of the general assembly that constitute misuse of office for personal financial gain; provided, however, that, if a member of the general assembly makes the declaration required by § 2-10-127(d), then the member shall not be deemed to have misused the member's office for personal financial gain based solely upon the member's relationship to a sibling, spouse or child who lobbied for or against the legislative action.

(c)  The ethics committee in each house is authorized to refer to the commission for investigation, in accordance with § 3-6-203, any complaint it receives alleging a violation of the provisions of this chapter, §§ 2-10-115 and 2-10-122 2-10-130, title 8, chapter 50, part 5, or misuse of legislative office for personal financial gain.

(d)  The governor is authorized to refer to the commission for investigation, in accordance with § 3-6-203, any allegation the governor receives concerning a violation by an officer or staff member of the executive branch subject to the jurisdiction of the commission, pursuant to the provisions of this chapter, §§ 2-10-115 and 2-10-122 2-10-130, title 8, chapter 50, part 5, an executive order related to ethics, or misuse of office for personal financial gain.

(e)  The commission shall refer to the registry of election finance for investigation and appropriate action any complaint filed with the commission that is within the jurisdiction of the registry.

(f)  The commission is vested with jurisdiction over any violation of the laws administered and enforced by the commission, or any alleged violation referred to the commission pursuant to this section, that occurs within five (5) years prior to the filing of a complaint alleging a violation.

[Acts 2006 (1st Ex. Sess.) ch. 1, § 26; 2009, ch. 556, § 16.]