ORDINANCE NO. BL2017-644

An ordinance amending Title 6 of the Metropolitan Code of Laws to add a new Chapter 6.33 pertaining to the use of public facilities and property by Presidents and candidates for President of the United States.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 6 of the Code of The Metropolitan Government of Nashville and Davidson County is hereby amended by adding the following new Chapter 6.33 entitled “Use of public facilities and property by Presidents and Presidential Candidates”:

Chapter 6.33 – USE OF PUBLIC FACILITIES AND PROPERTY BY PRESIDENTS AND PRESIDENTIAL CANDIDATES

6.33.010 – Definitions.

As used in this section:

“Candidate for the office of President of the United States” means any individual who is required to file a report under Title I of the Ethics in Government Act of 1978 (5 U.S.C.), section 101(c) and who is nominated by a major party as a candidate for the office of President of the United States of America.

“Income tax return” means any return within the meaning of section 6103(b) of the Internal Revenue Code of 1986 related to Federal income taxes, but does not include (a) information returns issued to persons other than such individual or candidate and (b) declarations of estimated tax.

“Major party” has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.

“President of the United States” means a President required to file a report under Title I of the Ethics in Government Act of 1978 (5 U.S.C.), section (a) or (d) of section 101 of Title I of the Ethics in Government Act of 1978 (5 U.S.C.), and an individual who occupies the office of the President required to file a report under section 101(e) thereof.

6.33.20 – Requirements for use of public facilities and property.

Notwithstanding any provision to the contrary, no public facility or property owned by the Metropolitan Government of Nashville and Davidson County shall be made available to any President of the United States, or to any candidate for the office of President of the United States unless and until such individual has filed with the Metropolitan Clerk’s Office a copy of the income tax returns of the individual for the three (3) most recent taxable years for which a return have been filed with the Internal Revenue Service as of the date on which the report is filed. In addition, such individual shall simultaneously provide additional copies of the income tax return, or a link to its available location online, to the Metropolitan Clerk’s Office for distribution to each member of the Metropolitan Council.

Section 2. If any provision of this Ordinance shall be declared unconstitutional or otherwise invalid by the judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining provisions of the Ordinance.

Section 3. Be it further enacted that this Ordinance shall take effect from after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Freddie O'Connell, Jeremy Elrod

LEGISLATIVE HISTORY

Introduced: March 21, 2017
Passed First Reading: March 21, 2017
Referred to: Convention, Tourism, and Public Entertainment Facilities Committee 
Deferred Indefinitely: April 4, 2017
Passed Second Reading:  
Passed Third Reading:  
Approved:  
By:  
Next Consideration: Deferred Indefinitely

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.