Public Officials

Plain English Breakdown

The official source material does not provide details on enforcement mechanisms or oversight bodies for this legislation.

Rules for Naming Public Facilities and Charitable Donations

This bill sets rules about naming public facilities after local officials during their term or within two years of leaving office unless private funds are used, and prohibits using public funds for charitable donations in the official's name.

What This Bill Does

• It stops public facilities from being named or designated for a person who is currently in a local government position, during their term of office, or within two years after they leave the job unless private money covers the costs.
• Public facilities cannot be named for someone who has been convicted of a felony or a crime involving moral turpitude.
• Local officials are not allowed to make charitable donations in their own name using public funds; instead, such donations must be attributed to the government entity providing the money.

Who It Names or Affects

• Local government officials and employees
• People who want to name public facilities after local officials

Terms To Know

Public facility

A place owned by or funded by the state or a part of it, like parks or buildings.

Public official

Someone who is elected to local public office or appointed or employed by a local government.

Limits and Unknowns

• The bill does not specify what happens if someone tries to name a facility after an official during the two-year waiting period.
• It's unclear how this will be enforced and who will oversee compliance with these rules.

Official Summary Text

This bill prohibits a
public facility
from
be
ing
named or designated for a person elected
to local public office
,
or appointed or employed by a local government
, (together, "
public official
")
during the public official's term of office or during the two-year period immediately following the public official's departure from office unless private
funds are used to cover the costs of naming or designating the public facility.
However, such
two-year limitation does not apply if the public official is deceased or an honorably discharged veteran of the United States armed forces.
Additionally, a
pub
lic facility
must
not be named for a public official who has been convicted of a felony or a crime of moral turpitude.

This bill prohibits

a
public official
from
mak
ing
charitable donations in the name of
a
public official if the public official is usi
ng public funds. Such donations must be attributed to the public entity from which the funds originated.

This bill provides that a
public facility that has been named for a person who was not a public official at the time of the naming may continue to b
ear that name if the person subsequently becomes a public official
, and a
public facility named for a public official prior to the effective date of this
bill
may
likewise
continue to bear the name of that public official.

Current Bill Text

SENATE BILL 214
By Gardenhire

HOUSE BILL 434
By Raper

HB0434
001031
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3;
Title 4; Title 5; Title 6; Title 7; Title 8; Title 9 and
Title 12, relative to public officials.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 8, Chapter 50, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Public facility" means real property owned by, or the acquisition,
construction, maintenance, or operation of which is funded in whole or in part by,
this state or a subdivision of this state; and
(2) "Public official" means a person elected to local public office or any
person appointed or employed by a local government.
(b) A public facility shall not be named or designated for an individual public
official during the public official's term of office or during the two-year period immediately
following the public official's departure from office unless private funds are used to cover
the costs of naming or designating the public facility. The two-year limitation in this
subsection (b) does not apply if the public official is deceased or an honorably
discharged veteran of the United States armed forces.
(c) A public official shall not make charitable donations in the name of the public
official if the public official is using public funds. Such donations must be attributed to
the public entity from which the funds originated.
(d) A public facility shall not be named for a public official who has been
convicted of a felony or a crime of moral turpitude.

- 2 - 001031

(e) A public facility that has been named for a person who was not a public
official at the time of the naming may continue to bear that name if the person
subsequently becomes a public official.
(f) A public facility named for a public official prior to the effective date of this act
may continue to bear the name of that public official.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.