Tenn. Code Ann. § 4-29-123 — TN Code / Title 4 / Chapter 29 / Section 4-29-123
Infringement of an entity member's freedom of speech prohibited
Status: in_force

(a) No board, commission, council, committee, authority, task force, or other similar multi-member governmental entity created by statute and subject to review under this part shall promulgate rules, issue statements concerning only the internal management of state government, or issue intra-agency memoranda as described in § 4-5-102(12) , that infringe on an entity member's freedom of speech in violation of the Constitution of Tennessee, Article I, § 19 or the First Amendment of the United States Constitution. As used in this subsection (a), "freedom of speech" includes, but is not limited to, a governmental entity member's freedom to express an opinion concerning any matter relating to that governmental entity, excluding matters deemed to be confidential under § 10-7-504 . (b) Upon a determination by a joint evaluation committee created under § 4-29-103 that reasonable cause exists to believe a governmental entity has infringed on a member's freedom of speech as described in subsection (a), that entity shall be reviewed by that evaluation committee during the next legislative session following the determination. The evaluation committee may make recommendations for legislation to the general assembly concerning the entity's sunset status and rulemaking authority, and the termination of state funding to the entity. Acts 2018 , ch. 754, § 1.
(a) No board, commission, council, committee, authority, task force, or other similar multi-member governmental entity created by statute and subject to review under this part shall promulgate rules, issue statements concerning only the internal management of state government, or issue intra-agency memoranda as described in § 4-5-102(12) , that infringe on an entity member's freedom of speech in violation of the Constitution of Tennessee, Article I, § 19 or the First Amendment of the United States Constitution. As used in this subsection (a), "freedom of speech" includes, but is not limited to, a governmental entity member's freedom to express an opinion concerning any matter relating to that governmental entity, excluding matters deemed to be confidential under § 10-7-504 .
(b) Upon a determination by a joint evaluation committee created under § 4-29-103 that reasonable cause exists to believe a governmental entity has infringed on a member's freedom of speech as described in subsection (a), that entity shall be reviewed by that evaluation committee during the next legislative session following the determination. The evaluation committee may make recommendations for legislation to the general assembly concerning the entity's sunset status and rulemaking authority, and the termination of state funding to the entity.
Acts 2018 , ch. 754, § 1.
Tenn. Code Ann. § 4-5-106 — TN Code / Title 4 / Chapter 5 / Section 4-5-106
Application
Status: in_force

(a) This chapter shall not apply to the military, the governor, the general assembly, the state building commission, the state funding board or the courts, nor shall it apply to county and municipal boards, commissions, committees, departments or officers. (b) Disciplinary and job termination proceedings for inmates under the supervision of the department of correction or juveniles under the supervision of the department of children's services shall not be considered "contested cases" as defined by § 4-5-102 . (c) Sections 4-5-105 , 4-5-219 , 4-5-223 , 4-5-225 and 4-5-301 - 4-5-323 shall not apply to the board of claims, the state election commission or the board of parole. (d) The rulemaking and publication provisions of this chapter shall not apply to proclamations promulgated under title 70, and the promulgation, filing and publication provisions of such title shall control, except that the secretary of state shall publish on the administrative register website current and effective proclamations in the same manner that rules and other notices are published under § 4-5-220 . The text of proclamations shall be published on the administrative register website under the proclamation section and shall have the same weight and effect prescribed in § 4-5-221(c) , for the text of rules so published. The wildlife resources agency shall keep an original copy of all proclamations from which the effective dates of all proclamations can be determined. (e) Sections 4-5-303 , 4-5-309 , 4-5-311(a), (b) and (c) , 4-5-312(c) , 4-5-314(b) , 4-5-315 - 4-5-318, 4-5-322 and 4-5-323, shall not apply to the department administering the Tennessee Employment Security Law, compiled in title 50, chapter 7. (f) This chapter shall not apply to revenue rulings and letter rulings issued by the commissioner of revenue. Acts 1975, ch. 370, § 2; 1976, ch. 685, § 1; 1977, ch. 467, § 1; 1978, ch. 938, § 17; T.C.A., §§ 4-529, 4-5-123; Acts 1982, ch. 874, § 5; 1983, ch. 103, § 1; 1988, ch. 562, § 2; 1989, ch. 278, § 21; 1989, ch. 454, § 3; 1996, ch. 1079, § 16; 1998, ch. 1049, § 1; 1999, ch. 520, § 26; 2000, ch. 864, § 1; 2007 , ch. 183, § 1; 2009 , ch. 566, §§ 2, 3.
(a) This chapter shall not apply to the military, the governor, the general assembly, the state building commission, the state funding board or the courts, nor shall it apply to county and municipal boards, commissions, committees, departments or officers.
(b) Disciplinary and job termination proceedings for inmates under the supervision of the department of correction or juveniles under the supervision of the department of children's services shall not be considered "contested cases" as defined by § 4-5-102 .
(c) Sections 4-5-105 , 4-5-219 , 4-5-223 , 4-5-225 and 4-5-301 - 4-5-323 shall not apply to the board of claims, the state election commission or the board of parole.
(d) The rulemaking and publication provisions of this chapter shall not apply to proclamations promulgated under title 70, and the promulgation, filing and publication provisions of such title shall control, except that the secretary of state shall publish on the administrative register website current and effective proclamations in the same manner that rules and other notices are published under § 4-5-220 . The text of proclamations shall be published on the administrative register website under the proclamation section and shall have the same weight and effect prescribed in § 4-5-221(c) , for the text of rules so published. The wildlife resources agency shall keep an original copy of all proclamations from which the effective dates of all proclamations can be determined.
(e) Sections 4-5-303 , 4-5-309 , 4-5-311(a), (b) and (c) , 4-5-312(c) , 4-5-314(b) , 4-5-315 - 4-5-318, 4-5-322 and 4-5-323, shall not apply to the department administering the Tennessee Employment Security Law, compiled in title 50, chapter 7.
(f) This chapter shall not apply to revenue rulings and letter rulings issued by the commissioner of revenue.
Acts 1975, ch. 370, § 2; 1976, ch. 685, § 1; 1977, ch. 467, § 1; 1978, ch. 938, § 17; T.C.A., §§ 4-529, 4-5-123; Acts 1982, ch. 874, § 5; 1983, ch. 103, § 1; 1988, ch. 562, § 2; 1989, ch. 278, § 21; 1989, ch. 454, § 3; 1996, ch. 1079, § 16; 1998, ch. 1049, § 1; 1999, ch. 520, § 26; 2000, ch. 864, § 1; 2007 , ch. 183, § 1; 2009 , ch. 566, §§ 2, 3.
Tenn. Code Ann. § 4-21-311 — TN Code / Title 4 / Chapter 21 / Section 4-21-311
Additional remedies preserved - Civil Action - Allocations of burden of proof
Status: repealed

(a) Any person injured by any act in violation of this chapter shall have a civil cause of action in chancery court or circuit court. (b) In such an action, the court may issue any permanent or temporary injunction, temporary restraining order, or any other order and may award to the plaintiff actual damages sustained by such plaintiff, together with the costs of the lawsuit, including a reasonable fee for the plaintiff's attorney of record, all of which shall be in addition to any other remedies contained in this chapter. (c) In cases involving discriminatory housing practices, the court may award punitive damages to the plaintiff, in addition to the other relief specified in this section and this chapter. In addition to the remedies set forth in this section, all remedies described in § 4-21-306 , except the civil penalty described in § 4-21-306(a)(9) , shall be available in any lawsuit filed pursuant to this section. (d) A civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases, and any such action shall supersede any complaint or hearing before the commission concerning the same alleged violations, and any such administrative action shall be closed upon such filing. (e) In any civil cause of action alleging a violation of this chapter or of § 8-50-103 , the plaintiff shall have the burden of establishing a prima facie case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination or retaliation raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the challenged employment action and that the stated reason was a pretext for illegal discrimination or retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of intentional discrimination or retaliation. Acts 1978, ch. 748, § 26; T.C.A., §§ 4-2124, 4-21-124; Acts 1989, ch. 374, § 1; 1992, ch. 1027, § 8; 1996, ch. 777, §§ 8, 9; 2011 , ch. 461, § 1.
(a) Any person injured by any act in violation of this chapter shall have a civil cause of action in chancery court or circuit court.
(b) In such an action, the court may issue any permanent or temporary injunction, temporary restraining order, or any other order and may award to the plaintiff actual damages sustained by such plaintiff, together with the costs of the lawsuit, including a reasonable fee for the plaintiff's attorney of record, all of which shall be in addition to any other remedies contained in this chapter.
(c) In cases involving discriminatory housing practices, the court may award punitive damages to the plaintiff, in addition to the other relief specified in this section and this chapter. In addition to the remedies set forth in this section, all remedies described in § 4-21-306 , except the civil penalty described in § 4-21-306(a)(9) , shall be available in any lawsuit filed pursuant to this section.
(d) A civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases, and any such action shall supersede any complaint or hearing before the commission concerning the same alleged violations, and any such administrative action shall be closed upon such filing.
(e) In any civil cause of action alleging a violation of this chapter or of § 8-50-103 , the plaintiff shall have the burden of establishing a prima facie case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination or retaliation raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the challenged employment action and that the stated reason was a pretext for illegal discrimination or retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of intentional discrimination or retaliation.
Acts 1978, ch. 748, § 26; T.C.A., §§ 4-2124, 4-21-124; Acts 1989, ch. 374, § 1; 1992, ch. 1027, § 8; 1996, ch. 777, §§ 8, 9; 2011 , ch. 461, § 1.
Tenn. Code Ann. § 4-21-804 — TN Code / Title 4 / Chapter 21 / Section 4-21-804
Higher education adjunct organizations - Provision of discriminatory club membership prohibited
Status: in_force

No adjunct organization, including, but not limited to, booster groups, of a state university, community college or institution of higher learning shall enter into a contract on behalf of, or purchase membership for, an employee of such university, college or institution of higher learning to a club that denies to a person entry, use of facilities or membership, or unreasonably prevents the full enjoyment of such club on the basis of sex, race, creed, color, religion, ancestry, national origin or disability. Acts 1990, ch. 1053, § 4.
No adjunct organization, including, but not limited to, booster groups, of a state university, community college or institution of higher learning shall enter into a contract on behalf of, or purchase membership for, an employee of such university, college or institution of higher learning to a club that denies to a person entry, use of facilities or membership, or unreasonably prevents the full enjoyment of such club on the basis of sex, race, creed, color, religion, ancestry, national origin or disability.
Acts 1990, ch. 1053, § 4.
Tenn. Code Ann. § 4-44-107 — TN Code / Title 4 / Chapter 44 / Section 4-44-107
[Effective until 12/31/2027, see T.C.A. 4-44-116] Duties of the commission
Status: in_force

The commission shall: (1) Plan, coordinate, and implement a program to commemorate the 250th anniversary of the founding of the United States in the year 2026, specifically highlighting the role of Tennessee and Tennesseans in, and the events succeeding, the historic event; and (2) Coordinate with federal, state, and local agencies on infrastructural improvements and projects to welcome regional, national, and international tourists. Acts 2019, ch. 384, § 7.
The commission shall:
(1) Plan, coordinate, and implement a program to commemorate the 250th anniversary of the founding of the United States in the year 2026, specifically highlighting the role of Tennessee and Tennesseans in, and the events succeeding, the historic event; and
(2) Coordinate with federal, state, and local agencies on infrastructural improvements and projects to welcome regional, national, and international tourists.
Acts 2019, ch. 384, § 7.
Tenn. Code Ann. § 4-3-1010 — TN Code / Title 4 / Chapter 3 / Section 4-3-1010
Posting of report of travel and expense reimbursements on state website
Status: in_force

(a) In addition to their other powers and duties, the department of finance and administration and its commissioner are vested with all the authority, powers and duties given them by title 12, chapter 2. (b) The commissioner of finance and administration shall cause to be posted on the official website of the state a report that contains all out-of-state travel expenditures and any expense reimbursements made for the expenditures to the governor, any member of the governor's cabinet, and cabinet level staff in accordance with the comprehensive travel regulations of the state or any policy of the governor; provided, however, that information shall not be posted if the out-of-state travel occurred for the purpose of recruiting industry or economic development in the state and the information, in the judgment of the commissioner, has the potential to harm contract negotiations or otherwise place the state at a competitive disadvantage in seeking industrial or economic development opportunities. For the purposes of this subsection (b), "out-of-state travel expenditures" includes: expenses for which corresponding reimbursements are made; and direct travel expenditures, including airfare, travel, hotel, and any other expenses paid for directly by using a state-approved vendor or with the use of a state-issued payment card. The report shall include the purpose of the expenditures and any reimbursements made, and shall be reported by the person making the expenditures. The initial report shall be filed no later than fifteen (15) days following the last day of April 2006 and shall include all payments made from the first day of January 2006, until the last day of March 2006. Thereafter, the report shall be updated quarterly, no later than fifteen (15) days following the end of the quarter. The reports shall remain on the website until one (1) month following the end of the governor's term of office. The last quarter reported in each such term shall include the period of time from the last quarter reported until the regular November election at which the next governor will be elected, and the first report in each governor's term shall include the period of time from the regular November election until the end of the first quarter. Amended by 2020 Tenn. Acts, ch. 690, s 18, eff. 6/11/2020. Amended by 2018 Tenn. Acts, ch. 616, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 797, s 11, eff. 4/14/2016. Amended by 2015 Tenn. Acts, ch. 123, s 2, eff. 4/10/2015. Acts 1959, ch. 9, § 3; 1977, ch. 392, § 1; T.C.A., § 4-323; modified; Acts 1980, ch. 699, § 1; 2006 (1st Ex. Sess.), ch. 1, § 45.
(a) In addition to their other powers and duties, the department of finance and administration and its commissioner are vested with all the authority, powers and duties given them by title 12, chapter 2.
(b) The commissioner of finance and administration shall cause to be posted on the official website of the state a report that contains all out-of-state travel expenditures and any expense reimbursements made for the expenditures to the governor, any member of the governor's cabinet, and cabinet level staff in accordance with the comprehensive travel regulations of the state or any policy of the governor; provided, however, that information shall not be posted if the out-of-state travel occurred for the purpose of recruiting industry or economic development in the state and the information, in the judgment of the commissioner, has the potential to harm contract negotiations or otherwise place the state at a competitive disadvantage in seeking industrial or economic development opportunities. For the purposes of this subsection (b), "out-of-state travel expenditures" includes: expenses for which corresponding reimbursements are made; and direct travel expenditures, including airfare, travel, hotel, and any other expenses paid for directly by using a state-approved vendor or with the use of a state-issued payment card. The report shall include the purpose of the expenditures and any reimbursements made, and shall be reported by the person making the expenditures. The initial report shall be filed no later than fifteen (15) days following the last day of April 2006 and shall include all payments made from the first day of January 2006, until the last day of March 2006. Thereafter, the report shall be updated quarterly, no later than fifteen (15) days following the end of the quarter. The reports shall remain on the website until one (1) month following the end of the governor's term of office. The last quarter reported in each such term shall include the period of time from the last quarter reported until the regular November election at which the next governor will be elected, and the first report in each governor's term shall include the period of time from the regular November election until the end of the first quarter.
Amended by 2020 Tenn. Acts, ch. 690, s 18, eff. 6/11/2020.
Amended by 2018 Tenn. Acts, ch. 616, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 797, s 11, eff. 4/14/2016.
Amended by 2015 Tenn. Acts, ch. 123, s 2, eff. 4/10/2015.
Acts 1959, ch. 9, § 3; 1977, ch. 392, § 1; T.C.A., § 4-323; modified; Acts 1980, ch. 699, § 1; 2006 (1st Ex. Sess.), ch. 1, § 45.
Tenn. Code Ann. § 4-4-123 — TN Code / Title 4 / Chapter 4 / Section 4-4-123
Title IX implementation plan
Status: in_force

(a) Each entity of state government that is subject to the requirements of Title IX of the Education Amendments Act of 1972 ( 20 U.S.C. § 1681 et seq.), and regulations promulgated pursuant to Title IX, shall develop a Title IX implementation plan with participation by protected beneficiaries as may be required by such law or regulations. To the extent applicable, such plan shall include Title IX implementation plans of any subrecipients of federal funds through the state entity. Each such entity of state government shall submit annual Title IX compliance reports and implementation plan updates to the department of audit by October 1, 2008, and each October 1 thereafter. The reporting period shall cover the most recent full fiscal year. At least once each year, the department of audit shall publish a cumulative report of its findings and recommendations concerning compliance with the requirements of this section. The cumulative annual report shall be distributed to the governor, to each member of the general assembly, and to each library designated as a depository of state reports and documents. (b) It is the legislative intent that any increased costs incurred by state entities as a result of this section shall, to the extent legally available, be paid from federal funds available therefor. Acts 1998, ch. 758, §§1, 2; 2008 , ch. 629, § 1.
(a) Each entity of state government that is subject to the requirements of Title IX of the Education Amendments Act of 1972 ( 20 U.S.C. § 1681 et seq.), and regulations promulgated pursuant to Title IX, shall develop a Title IX implementation plan with participation by protected beneficiaries as may be required by such law or regulations. To the extent applicable, such plan shall include Title IX implementation plans of any subrecipients of federal funds through the state entity. Each such entity of state government shall submit annual Title IX compliance reports and implementation plan updates to the department of audit by October 1, 2008, and each October 1 thereafter. The reporting period shall cover the most recent full fiscal year. At least once each year, the department of audit shall publish a cumulative report of its findings and recommendations concerning compliance with the requirements of this section. The cumulative annual report shall be distributed to the governor, to each member of the general assembly, and to each library designated as a depository of state reports and documents.
(b) It is the legislative intent that any increased costs incurred by state entities as a result of this section shall, to the extent legally available, be paid from federal funds available therefor.
Acts 1998, ch. 758, §§1, 2; 2008 , ch. 629, § 1.
Tenn. Code Ann. § 4-49-129 — TN Code / Title 4 / Chapter 49 / Section 4-49-129
Civil penalties
Status: in_force

(a) A licensee, registrant, or other person who violates this part is liable for a civil penalty of not more than five thousand dollars ($5,000) per violation, not to exceed fifty thousand dollars ($50,000) for violations arising out of the same transaction or occurrence, which must accrue to the council and may be recovered in a civil action brought by the office of the attorney general and reporter or its designee in the name of the council. (b) The office of the attorney general may seek and obtain an injunction in a court of competent jurisdiction for purposes of enforcing this part. (c) Costs must not be taxed against the office of the attorney general and reporter or this state for actions brought under this section. Amended by 2023 Tenn. Acts, ch. 450, s 30, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-329 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) A licensee, registrant, or other person who violates this part is liable for a civil penalty of not more than five thousand dollars ($5,000) per violation, not to exceed fifty thousand dollars ($50,000) for violations arising out of the same transaction or occurrence, which must accrue to the council and may be recovered in a civil action brought by the office of the attorney general and reporter or its designee in the name of the council.
(b) The office of the attorney general may seek and obtain an injunction in a court of competent jurisdiction for purposes of enforcing this part.
(c) Costs must not be taxed against the office of the attorney general and reporter or this state for actions brought under this section.
Amended by 2023 Tenn. Acts, ch. 450, s 30, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-329 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-13-110 — TN Code / Title 4 / Chapter 13 / Section 4-13-110
Conveyance of all interest of board of trustees
Status: in_force

The right, title and interest of any real or personal property or rights of the Ladies' Hermitage Association board of trustees that have not already been conveyed to the association are hereby transferred and conveyed to the association, a corporation organized and chartered under the laws of this state, subject to the trust terms and conditions set forth in this part. Acts 1990, ch. 893, § 10.
The right, title and interest of any real or personal property or rights of the Ladies' Hermitage Association board of trustees that have not already been conveyed to the association are hereby transferred and conveyed to the association, a corporation organized and chartered under the laws of this state, subject to the trust terms and conditions set forth in this part.
Acts 1990, ch. 893, § 10.
Tenn. Code Ann. § 4-29-235 — TN Code / Title 4 / Chapter 29 / Section 4-29-235
§ 4-29-235
Status: in_force

(a) The following governmental entities shall terminate on June 30, 2014: (1) Deleted by 2014 Pub.Acts, c. 607, § 1, eff. April 4, 2014 . (2) Deleted by 2014 Pub.Acts, c. 514, § 1, eff. March 6, 2014 . (3) Deleted by 2014 Pub.Acts, c. 777, § 1, eff. April 24, 2014 . (4) Deleted by 2014 Pub.Acts, c. 520, § 1, eff. March 6, 2014 . (5) Deleted by 2014 Pub.Acts, c. 656, § 1, eff. April 10, 2014 . (6) Deleted by 2014 Pub.Acts, c. 490, § 1, eff. Feb. 19, 2014 . (7) Deleted by 2014 Pub.Acts, c. 602, § 1, eff. April 4, 2014 . (8) Deleted by 2014 Pub.Acts, c. 603, § 1, eff. April 4, 2014 . (9) Deleted by 2014 Pub.Acts, c. 600, § 1, eff. April 4, 2014 . (10) Deleted by 2014 Pub.Acts, c. 601, § 1, eff. April 4, 2014 . (11) Deleted by 2011 Pub.Acts, c. 295, § 19, eff. April 1, 2012 . (12) Deleted by 2014 Pub.Acts, c. 518, § 1, eff. March 6, 2014 . (13) Deleted by 2014 Pub.Acts, c. 513, § 1, eff. March 6, 2014 . (14) Deleted by 2014 Pub.Acts, c. 552, § 1, eff. March 17, 2014 . (15) Deleted by 2014 Pub.Acts, c. 657, § 1, eff. April 10, 2014 . (16) Deleted by 2014 Pub.Acts, c. 680, § 1, eff. April 14, 2014 . (17) Deleted by 2014 Pub.Acts, c. 801, § 1, eff. April 25, 2014 . (18) Deleted by 2014 Pub.Acts, c. 668, § 1, eff. April 14, 2014 . (19) Deleted by 2014 Pub.Acts, c. 666, § 1, eff. April 14, 2014 . (20) Deleted by 2014 Pub.Acts, c. 773, § 1, eff. April 24, 2014 . (21) Deleted by 2014 Pub.Acts, c. 655, § 1, eff. April 10, 2014 . (22) Deleted by 2014 Pub.Acts, c. 780, § 1, eff. April 24, 2014 . (23) Deleted by 2014 Pub.Acts, c. 779, § 1, eff. July 1, 2014 . (24) Deleted by 2015 Pub.Acts, c. 350, § 1, eff. May 4, 2015 . (25) Deleted by 2014 Pub.Acts, c. 512, § 1, eff. March 6, 2014 . (26) Deleted by 2014 Pub.Acts, c. 491, § 1, eff. Feb. 19, 2014 . (27) Deleted by 2014 Pub.Acts, c. 492, § 1, eff. Feb. 19, 2014 . (28) Deleted by 2014 Pub.Acts, c. 511, § 1, eff. March 6, 2014 . (29) Deleted by 2015 Pub.Acts, c. 90, § 1, eff. April 9, 2015 . (30) Deleted by 2014 Pub.Acts, c. 510, § 1, eff. March 6, 2014 . (31) Deleted by 2014 Pub.Acts, c. 493, § 1, eff. Feb. 19, 2014 . (32) Deleted by 2014 Pub.Acts, c. 494, § 1, eff. Feb. 19, 2014 . (33) Deleted by 2014 Pub.Acts, c. 499, § 1, eff. Feb. 28, 2014 . (34) Deleted by 2014 Pub.Acts, c. 605, § 1, eff. April 4, 2014 . (35) Deleted by 2014 Pub.Acts, c. 606, § 1, eff. April 4, 2014 . (36) Deleted by 2014 Pub.Acts, c. 608, § 1, eff. April 4, 2014 . (37) Deleted by 2014 Pub.Acts, c. 509, § 1, eff. March 6, 2014 . (38) Deleted by 2014 Pub.Acts, c. 566, § 1, eff. March 21, 2014 . (39) Deleted by 2014 Pub.Acts, c. 495, § 1, eff. Feb. 19, 2014 . (40) Deleted by 2014 Pub.Acts, c. 517, § 1, eff. March 6, 2014 . (41) Deleted by 2014 Pub.Acts, c. 774, § 1, eff. April 24, 2014 . (42) Deleted by 2014 Pub.Acts, c. 665, § 1, eff. April 14, 2014 . (43) Deleted by 2014 Pub.Acts, c. 604, § 1, eff. April 4, 2014 . (44) Deleted by 2014 Pub.Acts, c. 945, § 1, eff. May 19, 2014 . (45) Deleted by 2014 Pub.Acts, c. 496, § 1, eff. Feb. 19, 2014 . (46) Deleted by 2014 Pub.Acts, c. 776, § 1, eff. April 24, 2014 . (47) Deleted by 2014 Pub.Acts, c. 946, § 1, eff. May 19, 2014 . (48) Deleted by 2014 Pub.Acts, c. 981, § 1, eff. January 1, 2015 . (49) Deleted by 2014 Pub.Acts, c. 725, § 1, eff. April 16, 2014 . (50) Deleted by 2014 Pub.Acts, c. 525, § 1, eff. March 12, 2014 . (51) Deleted by 2014 Pub.Acts, c. 500, § 1, eff. Feb. 28, 2014 . (52) Deleted by 2015 Pub.Acts, c. 351, § 1, eff. May 4, 2015 . (53) Deleted by 2014 Pub.Acts, c. 564, § 1, eff. March 21, 2014 . (54) Deleted by 2014 Pub.Acts, c. 858, § 1, eff. April 29, 2014 . (55) Deleted by 2014 Pub.Acts, c. 775, § 1, eff. April 24, 2014 . (56) Deleted by 2014 Pub.Acts, c. 664, § 1, eff. April 14, 2014 . (57) Deleted by 2014 Pub.Acts, c. 541, § 1, eff. March 17, 2014 . (58) Deleted by 2014 Pub.Acts, c. 501, § 1, eff. Feb. 28, 2014 . (59) Deleted by 2014 Pub.Acts, c. 565, § 1, eff. March 21, 2014 . (60) Deleted by 2014 Pub.Acts, c. 516, § 1, eff. March 6, 2014 . (61) Deleted by 2014 Pub.Acts, c. 778, § 1, eff. April 24, 2014 . (62) Deleted by 2014 Pub.Acts, c. 542, § 1, eff. March 17, 2014 . (63) Deleted by 2014 Pub.Acts, c. 502, § 1, eff. Feb. 28, 2014 . (64) Deleted by 2014 Pub.Acts, c. 572, § 1, eff. March 28, 2014 . (65) Deleted by 2014 Pub.Acts, c. 726, § 1, eff. April 16, 2014 . (66) Deleted by 2013 Pub.Acts, c. 126, § 2, eff. July 1, 2013 . (67) Deleted by 2014 Pub.Acts, c. 497, § 1, eff. Feb. 1, 2014 . (68) Deleted by 2014 Pub.Acts, c. 667, § 1, eff. April 14, 2014 . (69) Deleted by 2014 Pub.Acts, c. 620, § 1, eff. April 4, 2014 . (70) Deleted by 2014 Pub.Acts, c. 727, § 1, eff. April 16, 2014 . (71) Deleted by 2014 Pub.Acts, c. 503, § 1, eff. Feb. 28, 2014 . (72) Deleted by 2014 Pub.Acts, c. 609, § 1, eff. April 4, 2014 . (73) Deleted by 2014 Pub.Acts, c. 728, § 1, eff. April 16, 2014 . (74) Deleted by 2014 Pub.Acts, c. 543, § 1, eff. March 17, 2014 . (75) Deleted by 2014 Pub.Acts, c. 580, § 1, eff. March 28, 2014 .

(b) Each department, commission, board, agency, or council of state government created during calendar year 2012 terminates on June 30, 2014.

(c) Any governmental entity that has been terminated under this section may be continued, reestablished or restructured in accordance with this chapter.
Tenn. Code Ann. § 4-43-104 — TN Code / Title 4 / Chapter 43 / Section 4-43-104
Duties
Status: in_force

The state geographer shall be available at all times to serve as a consultant, advisor or director of research on geographic matters of interest to, and at the request of, appropriate officials in state government on a task-by-task contract basis. Acts 1993, ch. 274, § 4.
The state geographer shall be available at all times to serve as a consultant, advisor or director of research on geographic matters of interest to, and at the request of, appropriate officials in state government on a task-by-task contract basis.
Acts 1993, ch. 274, § 4.
Tenn. Code Ann. § 4-28-110 — TN Code / Title 4 / Chapter 28 / Section 4-28-110
Report by TNInvestco - Annual, nonrefundable certification fee - Satisfaction of the requirements of Section 4-28-106 (a)
Status: in_force

(a) Each qualified TNInvestco shall report the following to the department of economic and community development: (1) As soon as practicable, but no later than thirty (30) days after the receipt of designated capital: (A) The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number; (B) The amount of each participating investor's investment of designated capital; and (C) The date on which the designated capital was received; (2) On an annual basis, on or before January 31 of each year: (A) The amount of the qualified TNInvestco's remaining uninvested designated capital at the end of the immediately preceding taxable year; (B) Whether or not the qualified TNInvestco has invested more than fifteen percent (15%) of its total designated capital in any one (1) business; (C) All qualified investments that the qualified TNInvestco has made in the previous taxable year and the number of employees, including the number of minority and women employees, of each such qualified business at the time of such investment and as of December 31 of the preceding taxable year; and (D) For any qualified business where the qualified TNInvestco no longer has an investment, the qualified TNInvestco must provide employment figures for that company as of the last day before the investment was terminated; (3) Other information that the department may reasonably request that will help the department ascertain the impact of the TNInvestco program both directly and indirectly on the economy of this state; and (4) Within one hundred twenty (120) days of the close of its fiscal year, annual audited financial statements of the qualified TNInvestco, which must include the opinion of an independent certified public accountant, and an examination review of follow-on capital, jobs data and pacing requirement compliance also performed by the independent certified public accountant, prepared in accordance with audit and attestation standards established by the American Institute of Certified Public Accountants. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information. (b) A qualified TNInvestco must pay to the department of economic and community development an annual, nonrefundable certification fee of five thousand dollars ($5,000) on or before April 1, or ten thousand dollars ($10,000) if later. No annual certification fee is required if the payment date for such fee is within six (6) months of the date a qualified TNInvestco is first certified by the department. (c) Upon satisfying each of the requirements of § 4-28-106(a)(1) , a qualified TNInvestco shall provide notice to the department of economic and community development and the department shall, within sixty (60) days of receipt of such notice, either confirm that the qualified TNInvestco has satisfied such requirement of § 4-28-106(a)(1) as of such date or provide notice of noncompliance and an explanation of any existing deficiencies. If the department does not provide such notification within sixty (60) days, the qualified TNInvestco shall be deemed to have met such requirement of § 4-28-106(a)(1) . (d) (1) For the purposes of this subsection (d), "key person" means: (A) The TNInvestco investment managers listed in part II, item 6, of such TNInvestco's application under § 4-28-105 ; or (B) A list of investment managers as has been previously approved by the department of economic and community development under subdivision (d)(2) or otherwise. (2) A TNInvestco's success shall be deemed to depend, in particular, on the TNInvestco's key person or persons. On or before July 1, 2010, each qualified TNInvestco shall provide to the department of economic and community development a description of the TNInvestco's procedure for choosing a successor should any key person die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days. In the event that a majority of key persons do die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days for any reason, the commissioner of economic and community development, in consultation with the commissioner of revenue, the Tennessee Technology Development Corporation, or any other appropriate professional advisors, shall determine whether a new individual or individuals will be able to assume the role of key person so that the TNInvestco's performance will remain unimpaired. If the commissioner of economic and community development determines, in the commissioner's sole discretion, that the key person cannot be adequately replaced and the TNInvestco's performance therefore will be impaired, then any funds not already invested by the TNInvestco shall be deposited into the general fund unless the department of finance and administration has certified, pursuant to § 4-28-109 , that the total amount of payments deposited in the general fund under this chapter equals or exceeds the total amount of revenue forgone pursuant to the credits used as provided in § 4-28-103 . If the department of finance and administration has made such a determination, then any funds not already invested by the TNInvestco shall be deposited into the Tennessee rural opportunity fund to further support the state's economic development efforts. (e) To promote openness and transparency, a copy of each annual report received by the department of economic and community development pursuant to this section shall be posted on the Tennessee TNInvestco website that is maintained by the department of economic and community development. Amended by 2014 Tenn. Acts, ch. 611, s 4, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 611, s 3, eff. 7/1/2014. Acts 2009 , ch. 610, § 11; 2010 , ch. 1142, §§ 13, 16, 30.
(a) Each qualified TNInvestco shall report the following to the department of economic and community development: (1) As soon as practicable, but no later than thirty (30) days after the receipt of designated capital: (A) The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number; (B) The amount of each participating investor's investment of designated capital; and (C) The date on which the designated capital was received; (2) On an annual basis, on or before January 31 of each year: (A) The amount of the qualified TNInvestco's remaining uninvested designated capital at the end of the immediately preceding taxable year; (B) Whether or not the qualified TNInvestco has invested more than fifteen percent (15%) of its total designated capital in any one (1) business; (C) All qualified investments that the qualified TNInvestco has made in the previous taxable year and the number of employees, including the number of minority and women employees, of each such qualified business at the time of such investment and as of December 31 of the preceding taxable year; and (D) For any qualified business where the qualified TNInvestco no longer has an investment, the qualified TNInvestco must provide employment figures for that company as of the last day before the investment was terminated; (3) Other information that the department may reasonably request that will help the department ascertain the impact of the TNInvestco program both directly and indirectly on the economy of this state; and (4) Within one hundred twenty (120) days of the close of its fiscal year, annual audited financial statements of the qualified TNInvestco, which must include the opinion of an independent certified public accountant, and an examination review of follow-on capital, jobs data and pacing requirement compliance also performed by the independent certified public accountant, prepared in accordance with audit and attestation standards established by the American Institute of Certified Public Accountants. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information.
(1) As soon as practicable, but no later than thirty (30) days after the receipt of designated capital: (A) The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number; (B) The amount of each participating investor's investment of designated capital; and (C) The date on which the designated capital was received;
(A) The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number;
(B) The amount of each participating investor's investment of designated capital; and
(C) The date on which the designated capital was received;
(2) On an annual basis, on or before January 31 of each year: (A) The amount of the qualified TNInvestco's remaining uninvested designated capital at the end of the immediately preceding taxable year; (B) Whether or not the qualified TNInvestco has invested more than fifteen percent (15%) of its total designated capital in any one (1) business; (C) All qualified investments that the qualified TNInvestco has made in the previous taxable year and the number of employees, including the number of minority and women employees, of each such qualified business at the time of such investment and as of December 31 of the preceding taxable year; and (D) For any qualified business where the qualified TNInvestco no longer has an investment, the qualified TNInvestco must provide employment figures for that company as of the last day before the investment was terminated;
(A) The amount of the qualified TNInvestco's remaining uninvested designated capital at the end of the immediately preceding taxable year;
(B) Whether or not the qualified TNInvestco has invested more than fifteen percent (15%) of its total designated capital in any one (1) business;
(C) All qualified investments that the qualified TNInvestco has made in the previous taxable year and the number of employees, including the number of minority and women employees, of each such qualified business at the time of such investment and as of December 31 of the preceding taxable year; and
(D) For any qualified business where the qualified TNInvestco no longer has an investment, the qualified TNInvestco must provide employment figures for that company as of the last day before the investment was terminated;
(3) Other information that the department may reasonably request that will help the department ascertain the impact of the TNInvestco program both directly and indirectly on the economy of this state; and
(4) Within one hundred twenty (120) days of the close of its fiscal year, annual audited financial statements of the qualified TNInvestco, which must include the opinion of an independent certified public accountant, and an examination review of follow-on capital, jobs data and pacing requirement compliance also performed by the independent certified public accountant, prepared in accordance with audit and attestation standards established by the American Institute of Certified Public Accountants. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information.
(b) A qualified TNInvestco must pay to the department of economic and community development an annual, nonrefundable certification fee of five thousand dollars ($5,000) on or before April 1, or ten thousand dollars ($10,000) if later. No annual certification fee is required if the payment date for such fee is within six (6) months of the date a qualified TNInvestco is first certified by the department.
(c) Upon satisfying each of the requirements of § 4-28-106(a)(1) , a qualified TNInvestco shall provide notice to the department of economic and community development and the department shall, within sixty (60) days of receipt of such notice, either confirm that the qualified TNInvestco has satisfied such requirement of § 4-28-106(a)(1) as of such date or provide notice of noncompliance and an explanation of any existing deficiencies. If the department does not provide such notification within sixty (60) days, the qualified TNInvestco shall be deemed to have met such requirement of § 4-28-106(a)(1) .
(d) (1) For the purposes of this subsection (d), "key person" means: (A) The TNInvestco investment managers listed in part II, item 6, of such TNInvestco's application under § 4-28-105 ; or (B) A list of investment managers as has been previously approved by the department of economic and community development under subdivision (d)(2) or otherwise. (2) A TNInvestco's success shall be deemed to depend, in particular, on the TNInvestco's key person or persons. On or before July 1, 2010, each qualified TNInvestco shall provide to the department of economic and community development a description of the TNInvestco's procedure for choosing a successor should any key person die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days. In the event that a majority of key persons do die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days for any reason, the commissioner of economic and community development, in consultation with the commissioner of revenue, the Tennessee Technology Development Corporation, or any other appropriate professional advisors, shall determine whether a new individual or individuals will be able to assume the role of key person so that the TNInvestco's performance will remain unimpaired. If the commissioner of economic and community development determines, in the commissioner's sole discretion, that the key person cannot be adequately replaced and the TNInvestco's performance therefore will be impaired, then any funds not already invested by the TNInvestco shall be deposited into the general fund unless the department of finance and administration has certified, pursuant to § 4-28-109 , that the total amount of payments deposited in the general fund under this chapter equals or exceeds the total amount of revenue forgone pursuant to the credits used as provided in § 4-28-103 . If the department of finance and administration has made such a determination, then any funds not already invested by the TNInvestco shall be deposited into the Tennessee rural opportunity fund to further support the state's economic development efforts.
(1) For the purposes of this subsection (d), "key person" means: (A) The TNInvestco investment managers listed in part II, item 6, of such TNInvestco's application under § 4-28-105 ; or (B) A list of investment managers as has been previously approved by the department of economic and community development under subdivision (d)(2) or otherwise.
(A) The TNInvestco investment managers listed in part II, item 6, of such TNInvestco's application under § 4-28-105 ; or
(B) A list of investment managers as has been previously approved by the department of economic and community development under subdivision (d)(2) or otherwise.
(2) A TNInvestco's success shall be deemed to depend, in particular, on the TNInvestco's key person or persons. On or before July 1, 2010, each qualified TNInvestco shall provide to the department of economic and community development a description of the TNInvestco's procedure for choosing a successor should any key person die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days. In the event that a majority of key persons do die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days for any reason, the commissioner of economic and community development, in consultation with the commissioner of revenue, the Tennessee Technology Development Corporation, or any other appropriate professional advisors, shall determine whether a new individual or individuals will be able to assume the role of key person so that the TNInvestco's performance will remain unimpaired. If the commissioner of economic and community development determines, in the commissioner's sole discretion, that the key person cannot be adequately replaced and the TNInvestco's performance therefore will be impaired, then any funds not already invested by the TNInvestco shall be deposited into the general fund unless the department of finance and administration has certified, pursuant to § 4-28-109 , that the total amount of payments deposited in the general fund under this chapter equals or exceeds the total amount of revenue forgone pursuant to the credits used as provided in § 4-28-103 . If the department of finance and administration has made such a determination, then any funds not already invested by the TNInvestco shall be deposited into the Tennessee rural opportunity fund to further support the state's economic development efforts.
(e) To promote openness and transparency, a copy of each annual report received by the department of economic and community development pursuant to this section shall be posted on the Tennessee TNInvestco website that is maintained by the department of economic and community development.
Amended by 2014 Tenn. Acts, ch. 611, s 4, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 611, s 3, eff. 7/1/2014.
Acts 2009 , ch. 610, § 11; 2010 , ch. 1142, §§ 13, 16, 30.
Tenn. Code Ann. § 4-18-103 — TN Code / Title 4 / Chapter 18 / Section 4-18-103
Liability for violations
Status: in_force

(a) Any person who commits any of the following acts shall be liable to the state or to the political subdivision for three (3) times the amount of damages that the state or the political subdivision sustains because of the act of that person. A person who commits any of the following acts shall also be liable to the state or to the political subdivision for the costs of a civil action brought to recover any of those penalties or damages, and shall be liable to the state or political subdivision for a civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than ten thousand dollars ($10,000) for each false claim: (1) Knowingly presents or causes to be presented to an officer or employee of the state or of any political subdivision thereof, a false claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the state or by any political subdivision; (3) Conspires to defraud the state or any political subdivision by getting a false claim allowed or paid by the state or by any political subdivision; (4) Has possession, custody, or control of public property or money used or to be used by the state or by any political subdivision and knowingly delivers or causes to be delivered less property than the amount for which the person receives a certificate or receipt; (5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state or by any political subdivision and knowingly makes or delivers a receipt that falsely represents the property used or to be used; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property; (7) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the state or to any political subdivision; (8) Is a beneficiary of an inadvertent submission of a false claim to the state or a political subdivision, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the state or the political subdivision within a reasonable time after discovery of the false claim; or (9) Knowingly makes, uses, or causes to be made or used any false or fraudulent conduct, representation, or practice in order to procure anything of value directly or indirectly from the state or any political subdivision. (b) Notwithstanding subsection (a), the court may assess not less than two (2) times nor more than three (3) times the amount of damages that the state or the political subdivision sustains because of the act of the person described in that subsection, and no civil penalty, if the court finds all of the following: (1) The person committing the violation furnished officials of the state or of the political subdivision responsible for investigating false claims violations with all information known to that person about the violation within thirty (30) days after the date on which the person first obtained the information; (2) The person fully cooperated with any investigation by the state or a political subdivision of the violation; and (3) At the time the person furnished the state or the political subdivision with information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation. (c) Liability under this section shall be joint and several for any act committed by two (2) or more persons. (d) This section does not apply to any controversy involving an amount of less than five hundred dollars ($500) in value, unless the controversy arose from a violation of chapter 58 of this title. For purposes of this subsection (d), "controversy" means any one (1) or more false claims submitted by the same person in violation of this chapter. (e) This section does not apply to claims, records, or statements made pursuant to workers' compensation claims. (f) This section does not apply to claims, records, or statements made under any statute applicable to any tax administered by the department of revenue. Acts 2001, ch. 367, §3; 2003 , ch. 418, § 4; 2012, ch. 1061, § 2.
(a) Any person who commits any of the following acts shall be liable to the state or to the political subdivision for three (3) times the amount of damages that the state or the political subdivision sustains because of the act of that person. A person who commits any of the following acts shall also be liable to the state or to the political subdivision for the costs of a civil action brought to recover any of those penalties or damages, and shall be liable to the state or political subdivision for a civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than ten thousand dollars ($10,000) for each false claim: (1) Knowingly presents or causes to be presented to an officer or employee of the state or of any political subdivision thereof, a false claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the state or by any political subdivision; (3) Conspires to defraud the state or any political subdivision by getting a false claim allowed or paid by the state or by any political subdivision; (4) Has possession, custody, or control of public property or money used or to be used by the state or by any political subdivision and knowingly delivers or causes to be delivered less property than the amount for which the person receives a certificate or receipt; (5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state or by any political subdivision and knowingly makes or delivers a receipt that falsely represents the property used or to be used; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property; (7) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the state or to any political subdivision; (8) Is a beneficiary of an inadvertent submission of a false claim to the state or a political subdivision, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the state or the political subdivision within a reasonable time after discovery of the false claim; or (9) Knowingly makes, uses, or causes to be made or used any false or fraudulent conduct, representation, or practice in order to procure anything of value directly or indirectly from the state or any political subdivision.
(1) Knowingly presents or causes to be presented to an officer or employee of the state or of any political subdivision thereof, a false claim for payment or approval;
(2) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the state or by any political subdivision;
(3) Conspires to defraud the state or any political subdivision by getting a false claim allowed or paid by the state or by any political subdivision;
(4) Has possession, custody, or control of public property or money used or to be used by the state or by any political subdivision and knowingly delivers or causes to be delivered less property than the amount for which the person receives a certificate or receipt;
(5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state or by any political subdivision and knowingly makes or delivers a receipt that falsely represents the property used or to be used;
(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property;
(7) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the state or to any political subdivision;
(8) Is a beneficiary of an inadvertent submission of a false claim to the state or a political subdivision, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the state or the political subdivision within a reasonable time after discovery of the false claim; or
(9) Knowingly makes, uses, or causes to be made or used any false or fraudulent conduct, representation, or practice in order to procure anything of value directly or indirectly from the state or any political subdivision.
(b) Notwithstanding subsection (a), the court may assess not less than two (2) times nor more than three (3) times the amount of damages that the state or the political subdivision sustains because of the act of the person described in that subsection, and no civil penalty, if the court finds all of the following: (1) The person committing the violation furnished officials of the state or of the political subdivision responsible for investigating false claims violations with all information known to that person about the violation within thirty (30) days after the date on which the person first obtained the information; (2) The person fully cooperated with any investigation by the state or a political subdivision of the violation; and (3) At the time the person furnished the state or the political subdivision with information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation.
(1) The person committing the violation furnished officials of the state or of the political subdivision responsible for investigating false claims violations with all information known to that person about the violation within thirty (30) days after the date on which the person first obtained the information;
(2) The person fully cooperated with any investigation by the state or a political subdivision of the violation; and
(3) At the time the person furnished the state or the political subdivision with information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation.
(c) Liability under this section shall be joint and several for any act committed by two (2) or more persons.
(d) This section does not apply to any controversy involving an amount of less than five hundred dollars ($500) in value, unless the controversy arose from a violation of chapter 58 of this title. For purposes of this subsection (d), "controversy" means any one (1) or more false claims submitted by the same person in violation of this chapter.
(e) This section does not apply to claims, records, or statements made pursuant to workers' compensation claims.
(f) This section does not apply to claims, records, or statements made under any statute applicable to any tax administered by the department of revenue.
Acts 2001, ch. 367, §3; 2003 , ch. 418, § 4; 2012, ch. 1061, § 2.
Tenn. Code Ann. § 4-7-122 — TN Code / Title 4 / Chapter 7 / Section 4-7-122
Retired members - Employment by local enforcement agencies
Status: in_force

Notwithstanding any other law to the contrary, retired members of the Tennessee highway patrol are eligible to be employed by local law enforcement agencies; provided, that the retired member meets the certification and firearms training requirements of the local law enforcement agency with which the retired member seeks employment. Acts 2008, ch. 972, § 1.
Notwithstanding any other law to the contrary, retired members of the Tennessee highway patrol are eligible to be employed by local law enforcement agencies; provided, that the retired member meets the certification and firearms training requirements of the local law enforcement agency with which the retired member seeks employment.
Acts 2008, ch. 972, § 1.
Tenn. Code Ann. § 4-49-112 — TN Code / Title 4 / Chapter 49 / Section 4-49-112
Persons ineligible to place a bet or wager
Status: in_force

(a) The following persons or categories of persons shall not, directly or indirectly, wager or bet on a sporting event in this state: (1) A member, officer, or employee of the council, except that an employee of the council may place a nominal wager as part of an investigation or audit on behalf of the council. Winnings paid to an employee of the council based on a winning wager as part of an investigation or audit must be separately accounted for by the council and returned to the operator on a quarterly basis; (2) With respect to a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee; (3) With respect to a vendor of a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee; (4) Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a licensee, if the person is directly involved in the licensee's operation of sports wagering or the processing of sports wagering claims or payments through the licensee's online sports wagering platform; (5) Any person subject to a contract with the council if the contract contains a provision prohibiting the person from participating in sports wagering; (6) Any person with access to information that is known exclusively to a person who is prohibited from placing a wager in this state under this section; (7) Any amateur or Olympic athlete if the wager is based on the sport or athletic event in which the athlete participates and that is overseen by the athlete's sports governing body; (8) Any professional athlete if the wager is based on any sport or athletic event overseen by the athlete's sports governing body; (9) Any owner or employee of a team, player, umpire or sports union personnel, or employee, referee, coach, or official of a sports governing body, if the wager is based on a sporting event overseen by the person's sports governing body; (10) Any trustee or regent of a governing board of a public or private institution of higher education; (11) Any member of an advisory board established under title 49, chapter 9, part 5; (12) Any person prohibited by the rules of a governing body of a collegiate sports team, league, or association from participating in sports wagering activities; (13) With respect to a student or an employee of a public or private institution of higher education, any person who has access to material nonpublic information concerning a student athlete or team, and the information is relevant to the outcome of a sporting event; provided, that the person is only prohibited from using the information to place a wager on a collegiate sporting event; and (14) Any person having the ability to directly affect the outcome of a sporting event. (b) The council may prescribe by rule additional categories of persons who are prohibited from placing a wager in this state. (c) The council shall post on its website the categories set forth in subsection (a) of persons who are ineligible to place a wager in this state. (d) A violation of subsection (a) is: (1) For a first offense, a Class C misdemeanor; (2) For a second offense, a Class B misdemeanor; and (3) For a third or subsequent offense, a Class A misdemeanor. (e) As used in this section, "material nonpublic information" has the same meaning as defined in § 4-49-130(d) . Amended by 2023 Tenn. Acts, ch. 450, s 11, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 10, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-312 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 9, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) The following persons or categories of persons shall not, directly or indirectly, wager or bet on a sporting event in this state: (1) A member, officer, or employee of the council, except that an employee of the council may place a nominal wager as part of an investigation or audit on behalf of the council. Winnings paid to an employee of the council based on a winning wager as part of an investigation or audit must be separately accounted for by the council and returned to the operator on a quarterly basis; (2) With respect to a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee; (3) With respect to a vendor of a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee; (4) Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a licensee, if the person is directly involved in the licensee's operation of sports wagering or the processing of sports wagering claims or payments through the licensee's online sports wagering platform; (5) Any person subject to a contract with the council if the contract contains a provision prohibiting the person from participating in sports wagering; (6) Any person with access to information that is known exclusively to a person who is prohibited from placing a wager in this state under this section; (7) Any amateur or Olympic athlete if the wager is based on the sport or athletic event in which the athlete participates and that is overseen by the athlete's sports governing body; (8) Any professional athlete if the wager is based on any sport or athletic event overseen by the athlete's sports governing body; (9) Any owner or employee of a team, player, umpire or sports union personnel, or employee, referee, coach, or official of a sports governing body, if the wager is based on a sporting event overseen by the person's sports governing body; (10) Any trustee or regent of a governing board of a public or private institution of higher education; (11) Any member of an advisory board established under title 49, chapter 9, part 5; (12) Any person prohibited by the rules of a governing body of a collegiate sports team, league, or association from participating in sports wagering activities; (13) With respect to a student or an employee of a public or private institution of higher education, any person who has access to material nonpublic information concerning a student athlete or team, and the information is relevant to the outcome of a sporting event; provided, that the person is only prohibited from using the information to place a wager on a collegiate sporting event; and (14) Any person having the ability to directly affect the outcome of a sporting event.
(1) A member, officer, or employee of the council, except that an employee of the council may place a nominal wager as part of an investigation or audit on behalf of the council. Winnings paid to an employee of the council based on a winning wager as part of an investigation or audit must be separately accounted for by the council and returned to the operator on a quarterly basis;
(2) With respect to a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee;
(3) With respect to a vendor of a licensee, any principal owner, partner, member of the board of directors, officer, or supervisory employee;
(4) Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a licensee, if the person is directly involved in the licensee's operation of sports wagering or the processing of sports wagering claims or payments through the licensee's online sports wagering platform;
(5) Any person subject to a contract with the council if the contract contains a provision prohibiting the person from participating in sports wagering;
(6) Any person with access to information that is known exclusively to a person who is prohibited from placing a wager in this state under this section;
(7) Any amateur or Olympic athlete if the wager is based on the sport or athletic event in which the athlete participates and that is overseen by the athlete's sports governing body;
(8) Any professional athlete if the wager is based on any sport or athletic event overseen by the athlete's sports governing body;
(9) Any owner or employee of a team, player, umpire or sports union personnel, or employee, referee, coach, or official of a sports governing body, if the wager is based on a sporting event overseen by the person's sports governing body;
(10) Any trustee or regent of a governing board of a public or private institution of higher education;
(11) Any member of an advisory board established under title 49, chapter 9, part 5;
(12) Any person prohibited by the rules of a governing body of a collegiate sports team, league, or association from participating in sports wagering activities;
(13) With respect to a student or an employee of a public or private institution of higher education, any person who has access to material nonpublic information concerning a student athlete or team, and the information is relevant to the outcome of a sporting event; provided, that the person is only prohibited from using the information to place a wager on a collegiate sporting event; and
(14) Any person having the ability to directly affect the outcome of a sporting event.
(b) The council may prescribe by rule additional categories of persons who are prohibited from placing a wager in this state.
(c) The council shall post on its website the categories set forth in subsection (a) of persons who are ineligible to place a wager in this state.
(d) A violation of subsection (a) is: (1) For a first offense, a Class C misdemeanor; (2) For a second offense, a Class B misdemeanor; and (3) For a third or subsequent offense, a Class A misdemeanor.
(1) For a first offense, a Class C misdemeanor;
(2) For a second offense, a Class B misdemeanor; and
(3) For a third or subsequent offense, a Class A misdemeanor.
(e) As used in this section, "material nonpublic information" has the same meaning as defined in § 4-49-130(d) .
Amended by 2023 Tenn. Acts, ch. 450, s 11, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 10, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-312 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 9, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-2-102 — TN Code / Title 4 / Chapter 2 / Section 4-2-102
Commissioners' North Carolina boundary
Status: in_force

The boundary line between this state and the state of North Carolina, as run by commissioners appointed for the purpose of running and marking the same, begins at a stone set up on the north side of Cataloochee Turnpike Road, and marked on the west side, "Ten., 1821," and on the east side, "N.C., 1821"; running thence in a southwestwardly course to the Bald Rock, on the summit of the Great Iron or Smoky Mountain, and continuing southwestwardly on the extreme height thereof to where it strikes Tennessee River, about seven (7) miles above the old Indian town of Tallassee, crossing Porter's Gap at the distance of twenty-two (22) miles from the beginning, passing Meigs' boundary line at thirty-one and one-half (31 1/2) miles, the Equovettly path at fifty-three (53) miles and crossing Tennessee River at the distance of sixty-five (65) miles from the beginning; from Tennessee River to the main ridge, and along the extreme height of the same to the place where it is called Unicoi or Unaka Mountain, striking the old trading path leading from the Valley Towns to the Overhills Towns, near the head of the west fork of Tellico River, and at the distance of ninety-three (93) miles from the beginning; thence along the extreme height of Unicoi or Unaka Mountain to the southwest end thereof, at the Unicoi or Unaka Turnpike Road, where a cornerstone is set up, marked "Ten." on the west side and "N.C." on the east side, and where a hickory tree is also marked on the south side, "Ten. 101 M.," and on the north side, "N.C. 101 M.," being one hundred one (101) miles from the beginning; from thence a due course south two (2) miles and two hundred fifty-two (252) poles to a spruce pine on the north bank of the Hiwassee River below the mouth of Cane Creek; thence up that river the same course about one (1) mile, and crossing the same to a maple, marked "W.D." and "R.A.," on the south bank of the river; thence continuing the same course due south eleven (11) miles and two hundred seventy-three (273) poles to the southern boundary of the states of Tennessee and North Carolina, making in all one hundred sixteen (116) miles and two hundred twenty-three (223) poles from the beginning, and striking the southern boundary line twenty-three (23) poles west of a tree in that line, marked "72 M.," where was set up by the commissioners a square post, marked on the west side "Ten., 1821," and on the east side, "N.C., 1821," and on the south, "G." Code 1858, § 61 (deriv. Acts 1821, ch. 35); Shan., § 72; Code 1932, § 83; T.C.A. (orig. ed.), § 4-202.
The boundary line between this state and the state of North Carolina, as run by commissioners appointed for the purpose of running and marking the same, begins at a stone set up on the north side of Cataloochee Turnpike Road, and marked on the west side, "Ten., 1821," and on the east side, "N.C., 1821"; running thence in a southwestwardly course to the Bald Rock, on the summit of the Great Iron or Smoky Mountain, and continuing southwestwardly on the extreme height thereof to where it strikes Tennessee River, about seven (7) miles above the old Indian town of Tallassee, crossing Porter's Gap at the distance of twenty-two (22) miles from the beginning, passing Meigs' boundary line at thirty-one and one-half (31 1/2) miles, the Equovettly path at fifty-three (53) miles and crossing Tennessee River at the distance of sixty-five (65) miles from the beginning; from Tennessee River to the main ridge, and along the extreme height of the same to the place where it is called Unicoi or Unaka Mountain, striking the old trading path leading from the Valley Towns to the Overhills Towns, near the head of the west fork of Tellico River, and at the distance of ninety-three (93) miles from the beginning; thence along the extreme height of Unicoi or Unaka Mountain to the southwest end thereof, at the Unicoi or Unaka Turnpike Road, where a cornerstone is set up, marked "Ten." on the west side and "N.C." on the east side, and where a hickory tree is also marked on the south side, "Ten. 101 M.," and on the north side, "N.C. 101 M.," being one hundred one (101) miles from the beginning; from thence a due course south two (2) miles and two hundred fifty-two (252) poles to a spruce pine on the north bank of the Hiwassee River below the mouth of Cane Creek; thence up that river the same course about one (1) mile, and crossing the same to a maple, marked "W.D." and "R.A.," on the south bank of the river; thence continuing the same course due south eleven (11) miles and two hundred seventy-three (273) poles to the southern boundary of the states of Tennessee and North Carolina, making in all one hundred sixteen (116) miles and two hundred twenty-three (223) poles from the beginning, and striking the southern boundary line twenty-three (23) poles west of a tree in that line, marked "72 M.," where was set up by the commissioners a square post, marked on the west side "Ten., 1821," and on the east side, "N.C., 1821," and on the south, "G."
Code 1858, § 61 (deriv. Acts 1821, ch. 35); Shan., § 72; Code 1932, § 83; T.C.A. (orig. ed.), § 4-202.
Tenn. Code Ann. § 4-49-120 — TN Code / Title 4 / Chapter 49 / Section 4-49-120
Persons prohibited from obtaining licenses
Status: in_force

The council shall not grant a license or approve a registration for an applicant that has one (1) or more of the following individuals associated with it as key personnel: (1) A member or employee of the council; (2) An employee of, coach of, player for, or person who is a member or employee of a governing body of, a sports team, league, or association, upon which wagers are permitted to be placed; (3) [Deleted by 2023 amendment.] (4) [Deleted by 2023 amendment.] (5) A person who has been convicted of a crime as specified in rules promulgated by the council; (6) A person having the ability to directly affect the outcome of a sporting event; and (7) Any other category of persons, established by rule of the council, that if licensed, would affect the integrity of sports wagering in this state. Amended by 2023 Tenn. Acts, ch. 450, s 21, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 20, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-320 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
The council shall not grant a license or approve a registration for an applicant that has one (1) or more of the following individuals associated with it as key personnel:
(1) A member or employee of the council;
(2) An employee of, coach of, player for, or person who is a member or employee of a governing body of, a sports team, league, or association, upon which wagers are permitted to be placed;
(3) [Deleted by 2023 amendment.]
(4) [Deleted by 2023 amendment.]
(5) A person who has been convicted of a crime as specified in rules promulgated by the council;
(6) A person having the ability to directly affect the outcome of a sporting event; and
(7) Any other category of persons, established by rule of the council, that if licensed, would affect the integrity of sports wagering in this state.
Amended by 2023 Tenn. Acts, ch. 450, s 21, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 20, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-320 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-13-101 — TN Code / Title 4 / Chapter 13 / Section 4-13-101
Conveyance of property
Status: in_force

(a) All property belonging to the state and known as the "Hermitage Farm," consisting of approximately five hundred (500) acres, located in the fourth civil district of Davidson County, and being the same property referred to in Acts 1889, chapter 180, § 1 and being the same property acquired by the state by virtue of Acts 1856, chapter 96, be and the same is conveyed in trust to the Ladies' Hermitage Association, a corporation organized and chartered under the laws of the state. (b) The association shall be deemed the successor in interest to the Ladies' Hermitage Association board of trustees and shall assume all rights, responsibilities and liabilities of such board of trustees. Acts 1935, ch. 79, § 1; C. Supp. 1950, § 4976 (Williams, § 4976, note); T.C.A. (orig. ed.), § 4-1301; Acts 1990, ch. 893, § 2.
(a) All property belonging to the state and known as the "Hermitage Farm," consisting of approximately five hundred (500) acres, located in the fourth civil district of Davidson County, and being the same property referred to in Acts 1889, chapter 180, § 1 and being the same property acquired by the state by virtue of Acts 1856, chapter 96, be and the same is conveyed in trust to the Ladies' Hermitage Association, a corporation organized and chartered under the laws of the state.
(b) The association shall be deemed the successor in interest to the Ladies' Hermitage Association board of trustees and shall assume all rights, responsibilities and liabilities of such board of trustees.
Acts 1935, ch. 79, § 1; C. Supp. 1950, § 4976 (Williams, § 4976, note); T.C.A. (orig. ed.), § 4-1301; Acts 1990, ch. 893, § 2.
Tenn. Code Ann. § 4-49-117 — TN Code / Title 4 / Chapter 49 / Section 4-49-117
Applying for licenses - Fees
Status: in_force

(a) An applicant for a license shall submit an application on a form, in such manner, and in accordance with such requirements as may be prescribed by rule of the council. (b) An application for a license must include the following: (1) The identification of the applicant's key personnel; (2) A national criminal background check for each person identified under subdivision (b)(1) conducted by the Tennessee bureau of investigation or another appropriate law enforcement agency. A set of fingerprints must be supplied upon request and in the manner requested by the investigating agency; (3) Information, documentation, and assurances, as prescribed by rule of the council, that may be required to establish by clear and convincing evidence the good character, honesty, and integrity of the applicant and its key personnel; (4) Notice and a description of all civil judgments obtained against the applicant or its key personnel; (5) [Deleted by 2023 amendment.] (6) A list of all jurisdictions where the applicant and its key personnel have conducted gaming or sports wagering operations; (7) Information, documentation, and assurances concerning financial background and resources as may be required to establish by clear and convincing evidence the financial stability, integrity, and responsibility of the applicant, including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. Each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the council. The council may consider any relevant evidence of financial stability. The applicant is presumed to be financially stable if the applicant establishes by clear and convincing evidence that it meets each of the following standards: (A) The ability to assure the financial integrity of sports wagering operations by the maintenance of a bankroll or equivalent provisions adequate to pay winning wagers to bettors when due. An applicant is presumed to have met this standard if the applicant maintains, on a daily basis, a bankroll and equivalent provisions, in an amount which is at least equal to the average daily minimum bankroll or equivalent provisions, calculated on a monthly basis, for the corresponding month in the previous year; (B) The ability to meet ongoing operating expenses which are essential to the maintenance of continuous and stable sports wagering operations; (C) The ability to pay, as and when due, all state and federal taxes; and (D) If an applicant has not previously been engaged in business operations prior to applying for licensure, the applicant shall submit documents that establish, by clear and convincing evidence, that the applicant has made sufficient arrangements to fund its proposed sports wagering operations; (8) Information, documentation, and assurances as may be required to establish by clear and convincing evidence that the applicant has sufficient business ability and gaming experience as to establish the likelihood of the creation and maintenance of a successful, efficient sports wagering operations; (9) Information, as required by rule of the council, regarding the financial standing of the applicant, including, without limitation, each person or entity that has provided loans or financing to the applicant; (10) A nonrefundable application fee in the amount of fifty thousand dollars ($50,000), and an initial license fee to process the application and for the first year of licensure, if the application is approved, of seven hundred fifty thousand dollars ($750,000). Upon approval of the application, the application fee of fifty thousand dollars ($50,000) must be applied to the initial license fee of seven hundred fifty thousand dollars ($750,000); (11) (A) Except as provided in subdivision (11)(B), for the second or subsequent year of licensure: (i) Prior to June 30, 2025, for licensees receiving one hundred million dollars ($100,000,000) or more in gross wagers in the immediately preceding twelve-month period, a license fee of seven hundred fifty thousand dollars ($750,000); and (ii) Prior to June 30, 2025, for licensees receiving less than one hundred million dollars ($100,000,000) in gross wagers in the immediately preceding twelve-month period, a license fee of three hundred seventy-five thousand dollars ($375,000); and (B) The council shall promulgate rules effective July 1, 2025, to set license fees sufficient to defray the operating and administrative expenses incurred in administering and enforcing this chapter. The council shall adjust the fee structure by rule no more often than biennially; and (12) Any additional information required by the council by rule. (c) Upon review of the application, the council shall approve or deny an application for a license not more than ninety (90) days after receipt of an application. (d) A license issued by the council authorizes the licensee to offer interactive sports wagering in this state. (e) A licensee may renew its license by submitting an application on a form, in such manner, and in accordance with such requirements as may be prescribed by rule of the council. A licensee shall submit the nonrefundable annual license and application fees prescribed under subdivision (b)(10) with its application for the renewal of its license. (f) For each application for licensure or renewal of a license that is approved under this section, the amount of the application fee must be credited toward the licensee's annual license fee and the licensee shall remit the balance of the annual fee to the council upon approval of a license. The fees collected from licensees under this section must be used by the council to pay the actual operating and administrative expenses incurred under this part. Ten percent (10%) of all remaining fees must not be distributed in accordance with subsection (g), but must remain available for use by the council for the purposes set forth herein and must carry forward into each subsequent fiscal year. (g) Except as provided in subsection (f), licensing and application fees collected by the council must be distributed to the state treasurer for deposit into the Tennessee Promise scholarship endowment fund created under § 49-4-708(d) . (h) Each person holding a license under this part has a continuing duty to immediately inform the council of any change in status relating to any information that may disqualify the person from holding the license. Amended by 2023 Tenn. Acts, ch. 450, s 42, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 19, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 18, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 17, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 16, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 14, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 13, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-317 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) An applicant for a license shall submit an application on a form, in such manner, and in accordance with such requirements as may be prescribed by rule of the council.
(b) An application for a license must include the following: (1) The identification of the applicant's key personnel; (2) A national criminal background check for each person identified under subdivision (b)(1) conducted by the Tennessee bureau of investigation or another appropriate law enforcement agency. A set of fingerprints must be supplied upon request and in the manner requested by the investigating agency; (3) Information, documentation, and assurances, as prescribed by rule of the council, that may be required to establish by clear and convincing evidence the good character, honesty, and integrity of the applicant and its key personnel; (4) Notice and a description of all civil judgments obtained against the applicant or its key personnel; (5) [Deleted by 2023 amendment.] (6) A list of all jurisdictions where the applicant and its key personnel have conducted gaming or sports wagering operations; (7) Information, documentation, and assurances concerning financial background and resources as may be required to establish by clear and convincing evidence the financial stability, integrity, and responsibility of the applicant, including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. Each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the council. The council may consider any relevant evidence of financial stability. The applicant is presumed to be financially stable if the applicant establishes by clear and convincing evidence that it meets each of the following standards: (A) The ability to assure the financial integrity of sports wagering operations by the maintenance of a bankroll or equivalent provisions adequate to pay winning wagers to bettors when due. An applicant is presumed to have met this standard if the applicant maintains, on a daily basis, a bankroll and equivalent provisions, in an amount which is at least equal to the average daily minimum bankroll or equivalent provisions, calculated on a monthly basis, for the corresponding month in the previous year; (B) The ability to meet ongoing operating expenses which are essential to the maintenance of continuous and stable sports wagering operations; (C) The ability to pay, as and when due, all state and federal taxes; and (D) If an applicant has not previously been engaged in business operations prior to applying for licensure, the applicant shall submit documents that establish, by clear and convincing evidence, that the applicant has made sufficient arrangements to fund its proposed sports wagering operations; (8) Information, documentation, and assurances as may be required to establish by clear and convincing evidence that the applicant has sufficient business ability and gaming experience as to establish the likelihood of the creation and maintenance of a successful, efficient sports wagering operations; (9) Information, as required by rule of the council, regarding the financial standing of the applicant, including, without limitation, each person or entity that has provided loans or financing to the applicant; (10) A nonrefundable application fee in the amount of fifty thousand dollars ($50,000), and an initial license fee to process the application and for the first year of licensure, if the application is approved, of seven hundred fifty thousand dollars ($750,000). Upon approval of the application, the application fee of fifty thousand dollars ($50,000) must be applied to the initial license fee of seven hundred fifty thousand dollars ($750,000); (11) (A) Except as provided in subdivision (11)(B), for the second or subsequent year of licensure: (i) Prior to June 30, 2025, for licensees receiving one hundred million dollars ($100,000,000) or more in gross wagers in the immediately preceding twelve-month period, a license fee of seven hundred fifty thousand dollars ($750,000); and (ii) Prior to June 30, 2025, for licensees receiving less than one hundred million dollars ($100,000,000) in gross wagers in the immediately preceding twelve-month period, a license fee of three hundred seventy-five thousand dollars ($375,000); and (B) The council shall promulgate rules effective July 1, 2025, to set license fees sufficient to defray the operating and administrative expenses incurred in administering and enforcing this chapter. The council shall adjust the fee structure by rule no more often than biennially; and (12) Any additional information required by the council by rule.
(1) The identification of the applicant's key personnel;
(2) A national criminal background check for each person identified under subdivision (b)(1) conducted by the Tennessee bureau of investigation or another appropriate law enforcement agency. A set of fingerprints must be supplied upon request and in the manner requested by the investigating agency;
(3) Information, documentation, and assurances, as prescribed by rule of the council, that may be required to establish by clear and convincing evidence the good character, honesty, and integrity of the applicant and its key personnel;
(4) Notice and a description of all civil judgments obtained against the applicant or its key personnel;
(5) [Deleted by 2023 amendment.]
(6) A list of all jurisdictions where the applicant and its key personnel have conducted gaming or sports wagering operations;
(7) Information, documentation, and assurances concerning financial background and resources as may be required to establish by clear and convincing evidence the financial stability, integrity, and responsibility of the applicant, including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. Each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the council. The council may consider any relevant evidence of financial stability. The applicant is presumed to be financially stable if the applicant establishes by clear and convincing evidence that it meets each of the following standards: (A) The ability to assure the financial integrity of sports wagering operations by the maintenance of a bankroll or equivalent provisions adequate to pay winning wagers to bettors when due. An applicant is presumed to have met this standard if the applicant maintains, on a daily basis, a bankroll and equivalent provisions, in an amount which is at least equal to the average daily minimum bankroll or equivalent provisions, calculated on a monthly basis, for the corresponding month in the previous year; (B) The ability to meet ongoing operating expenses which are essential to the maintenance of continuous and stable sports wagering operations; (C) The ability to pay, as and when due, all state and federal taxes; and (D) If an applicant has not previously been engaged in business operations prior to applying for licensure, the applicant shall submit documents that establish, by clear and convincing evidence, that the applicant has made sufficient arrangements to fund its proposed sports wagering operations;
(A) The ability to assure the financial integrity of sports wagering operations by the maintenance of a bankroll or equivalent provisions adequate to pay winning wagers to bettors when due. An applicant is presumed to have met this standard if the applicant maintains, on a daily basis, a bankroll and equivalent provisions, in an amount which is at least equal to the average daily minimum bankroll or equivalent provisions, calculated on a monthly basis, for the corresponding month in the previous year;
(B) The ability to meet ongoing operating expenses which are essential to the maintenance of continuous and stable sports wagering operations;
(C) The ability to pay, as and when due, all state and federal taxes; and
(D) If an applicant has not previously been engaged in business operations prior to applying for licensure, the applicant shall submit documents that establish, by clear and convincing evidence, that the applicant has made sufficient arrangements to fund its proposed sports wagering operations;
(8) Information, documentation, and assurances as may be required to establish by clear and convincing evidence that the applicant has sufficient business ability and gaming experience as to establish the likelihood of the creation and maintenance of a successful, efficient sports wagering operations;
(9) Information, as required by rule of the council, regarding the financial standing of the applicant, including, without limitation, each person or entity that has provided loans or financing to the applicant;
(10) A nonrefundable application fee in the amount of fifty thousand dollars ($50,000), and an initial license fee to process the application and for the first year of licensure, if the application is approved, of seven hundred fifty thousand dollars ($750,000). Upon approval of the application, the application fee of fifty thousand dollars ($50,000) must be applied to the initial license fee of seven hundred fifty thousand dollars ($750,000);
(11) (A) Except as provided in subdivision (11)(B), for the second or subsequent year of licensure: (i) Prior to June 30, 2025, for licensees receiving one hundred million dollars ($100,000,000) or more in gross wagers in the immediately preceding twelve-month period, a license fee of seven hundred fifty thousand dollars ($750,000); and (ii) Prior to June 30, 2025, for licensees receiving less than one hundred million dollars ($100,000,000) in gross wagers in the immediately preceding twelve-month period, a license fee of three hundred seventy-five thousand dollars ($375,000); and (B) The council shall promulgate rules effective July 1, 2025, to set license fees sufficient to defray the operating and administrative expenses incurred in administering and enforcing this chapter. The council shall adjust the fee structure by rule no more often than biennially; and
(A) Except as provided in subdivision (11)(B), for the second or subsequent year of licensure: (i) Prior to June 30, 2025, for licensees receiving one hundred million dollars ($100,000,000) or more in gross wagers in the immediately preceding twelve-month period, a license fee of seven hundred fifty thousand dollars ($750,000); and (ii) Prior to June 30, 2025, for licensees receiving less than one hundred million dollars ($100,000,000) in gross wagers in the immediately preceding twelve-month period, a license fee of three hundred seventy-five thousand dollars ($375,000); and
(i) Prior to June 30, 2025, for licensees receiving one hundred million dollars ($100,000,000) or more in gross wagers in the immediately preceding twelve-month period, a license fee of seven hundred fifty thousand dollars ($750,000); and
(ii) Prior to June 30, 2025, for licensees receiving less than one hundred million dollars ($100,000,000) in gross wagers in the immediately preceding twelve-month period, a license fee of three hundred seventy-five thousand dollars ($375,000); and
(B) The council shall promulgate rules effective July 1, 2025, to set license fees sufficient to defray the operating and administrative expenses incurred in administering and enforcing this chapter. The council shall adjust the fee structure by rule no more often than biennially; and
(12) Any additional information required by the council by rule.
(c) Upon review of the application, the council shall approve or deny an application for a license not more than ninety (90) days after receipt of an application.
(d) A license issued by the council authorizes the licensee to offer interactive sports wagering in this state.
(e) A licensee may renew its license by submitting an application on a form, in such manner, and in accordance with such requirements as may be prescribed by rule of the council. A licensee shall submit the nonrefundable annual license and application fees prescribed under subdivision (b)(10) with its application for the renewal of its license.
(f) For each application for licensure or renewal of a license that is approved under this section, the amount of the application fee must be credited toward the licensee's annual license fee and the licensee shall remit the balance of the annual fee to the council upon approval of a license. The fees collected from licensees under this section must be used by the council to pay the actual operating and administrative expenses incurred under this part. Ten percent (10%) of all remaining fees must not be distributed in accordance with subsection (g), but must remain available for use by the council for the purposes set forth herein and must carry forward into each subsequent fiscal year.
(g) Except as provided in subsection (f), licensing and application fees collected by the council must be distributed to the state treasurer for deposit into the Tennessee Promise scholarship endowment fund created under § 49-4-708(d) .
(h) Each person holding a license under this part has a continuing duty to immediately inform the council of any change in status relating to any information that may disqualify the person from holding the license.
Amended by 2023 Tenn. Acts, ch. 450, s 42, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 19, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 18, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 17, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 16, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 15, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 14, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 13, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-317 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-3-706 — TN Code / Title 4 / Chapter 3 / Section 4-3-706
Industrial development - Powers and duties
Status: in_force

(a) It is the function of the department of economic and community development to stimulate the creation of new jobs and income through services to business and industry. (b) The department shall exercise all of the administrative powers, duties and functions described in §§ 4-14-103 - 4-14-107. (c) The department has the power to make rules and regulations not inconsistent with law for the administration of its functions and duties. (d) The department shall provide for the administration of title 68, chapter 202, part 1. Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 2, 3; 1972, ch. 852, § 12; T.C.A., §§ 4-331, 4-343; modified; Acts 1985, ch. 256, § 6.
(a) It is the function of the department of economic and community development to stimulate the creation of new jobs and income through services to business and industry.
(b) The department shall exercise all of the administrative powers, duties and functions described in §§ 4-14-103 - 4-14-107.
(c) The department has the power to make rules and regulations not inconsistent with law for the administration of its functions and duties.
(d) The department shall provide for the administration of title 68, chapter 202, part 1.
Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 2, 3; 1972, ch. 852, § 12; T.C.A., §§ 4-331, 4-343; modified; Acts 1985, ch. 256, § 6.
Tenn. Code Ann. § 4-3-2803 — TN Code / Title 4 / Chapter 3 / Section 4-3-2803
Agreement with citizen support organization
Status: in_force

The commissioner, upon the approval of the board of directors of Volunteer Tennessee, may enter into an agreement with a citizen support organization for purposes consistent with this part if the commissioner determines it is in the best interest of Volunteer Tennessee. Acts 2011, ch. 200, § 1.
The commissioner, upon the approval of the board of directors of Volunteer Tennessee, may enter into an agreement with a citizen support organization for purposes consistent with this part if the commissioner determines it is in the best interest of Volunteer Tennessee.
Acts 2011, ch. 200, § 1.
Tenn. Code Ann. § 4-45-107 — TN Code / Title 4 / Chapter 45 / Section 4-45-107
[For postponed repeal, see T.C.A. 4-45-108] Final report on division's operations
Status: in_force

No later than January 31, 2023, the division shall submit a final report on its overall operations to the legislative committees listed in § 4-45-101(a)(2)(D) . The division shall also provide the legislative committees with any other information related to the function of the division upon request. Added by 2021 Tenn. Acts, ch. 546, s 1, eff. 7/1/2021.
No later than January 31, 2023, the division shall submit a final report on its overall operations to the legislative committees listed in § 4-45-101(a)(2)(D) . The division shall also provide the legislative committees with any other information related to the function of the division upon request.
Added by 2021 Tenn. Acts, ch. 546, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 4-31-401 — TN Code / Title 4 / Chapter 31 / Section 4-31-401
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Local Development Authority Capital Projects Loan Act of 1990." Acts 1986, ch. 846, § 13; 1990, ch. 885, § 6.
This part shall be known and may be cited as the "Tennessee Local Development Authority Capital Projects Loan Act of 1990."
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 6.
Tenn. Code Ann. § 4-51-102 — TN Code / Title 4 / Chapter 51 / Section 4-51-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of directors of the Tennessee education lottery corporation; (2) "Chief executive officer" means the chief executive officer of the Tennessee education lottery corporation; (3) "Corporation" means the Tennessee education lottery corporation; (4) "Director" means a member of the board of directors of the Tennessee education lottery corporation; (5) "Educational programs and purposes" means financial assistance to Tennessee citizens to enable such citizens to attend post-secondary educational institutions located within Tennessee, capital outlay projects for grades kindergarten through twelve (K-12) educational facilities, early learning programs and after school programs in accordance with article XI, § 5 of the Constitution of Tennessee; (6) "Immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent; (7) "Local government unit" means any county, metropolitan government, incorporated town or city, or special district of the state; (8) "Lottery," "lotteries," "lottery game," or "lottery games" means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices. For the purposes of this chapter, "lottery," "lotteries," "lottery game," or "lottery games" does not include: (A) Casino gambling or games of chance associated with casinos and prohibited pursuant to the Constitution of Tennessee, Article XI, § 5. For the purposes of this subdivision (8)(A), "casino gambling" means a location or business for the purpose of conducting illegal gambling activities, excluding the sale and purchase of lottery tickets or shares as authorized by this chapter; or (B) Video lottery. For the purposes of this subdivision (8)(B), "video lottery" means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance; (9) "Lottery proceeds" or "proceeds" means all lottery revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery or received by the Tennessee education lottery corporation; (10) "Lottery retailer" or "retailer" means a person who sells lottery tickets or shares on behalf of the Tennessee education lottery corporation pursuant to a contract; (11) "Lottery vendor" or "vendor" means a person who provides or proposes to provide goods or services to the Tennessee education lottery corporation pursuant to a major procurement contract, but does not include an employee of the Tennessee education lottery corporation, a retailer, or a state agency or instrumentality of the Tennessee education lottery corporation. Such term does include a corporation whose shares are traded publicly and that is the parent company of the contracting party in a major procurement contract; (12) "Major procurement contract" means any gaming product or service costing in excess of seventy-five thousand dollars ($75,000), including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Tennessee lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of a corporation; (13) "Minority-owned business" means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business and who is impeded from normal entry into the economic mainstream because of: (A) Past practices of discrimination based on race, religion, ethnic background, or sex; (B) A disability as defined in § 4-26-102 ; or (C) Past practices of racial discrimination against African-Americans; (14) "Net proceeds" or "net lottery proceeds" means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from lottery games minus operating expenses. "Net proceeds" or "net lottery proceeds" does not include unclaimed prize money; (15) "Operating expense" means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, amounts held in or paid from a fidelity fund pursuant to § 4-51-118 , and all other operating costs; (16) "Person" means any individual, corporation, partnership, unincorporated association, or other legal entity; (17) "Prize" means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt; (18) "Share" means any intangible evidence of participation in a lottery game; and (19) "Ticket" means any tangible evidence issued by the lottery to provide participation in a lottery game. Acts 2003 , ch. 297, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of directors of the Tennessee education lottery corporation;
(2) "Chief executive officer" means the chief executive officer of the Tennessee education lottery corporation;
(3) "Corporation" means the Tennessee education lottery corporation;
(4) "Director" means a member of the board of directors of the Tennessee education lottery corporation;
(5) "Educational programs and purposes" means financial assistance to Tennessee citizens to enable such citizens to attend post-secondary educational institutions located within Tennessee, capital outlay projects for grades kindergarten through twelve (K-12) educational facilities, early learning programs and after school programs in accordance with article XI, § 5 of the Constitution of Tennessee;
(6) "Immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent;
(7) "Local government unit" means any county, metropolitan government, incorporated town or city, or special district of the state;
(8) "Lottery," "lotteries," "lottery game," or "lottery games" means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices. For the purposes of this chapter, "lottery," "lotteries," "lottery game," or "lottery games" does not include: (A) Casino gambling or games of chance associated with casinos and prohibited pursuant to the Constitution of Tennessee, Article XI, § 5. For the purposes of this subdivision (8)(A), "casino gambling" means a location or business for the purpose of conducting illegal gambling activities, excluding the sale and purchase of lottery tickets or shares as authorized by this chapter; or (B) Video lottery. For the purposes of this subdivision (8)(B), "video lottery" means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance;
(A) Casino gambling or games of chance associated with casinos and prohibited pursuant to the Constitution of Tennessee, Article XI, § 5. For the purposes of this subdivision (8)(A), "casino gambling" means a location or business for the purpose of conducting illegal gambling activities, excluding the sale and purchase of lottery tickets or shares as authorized by this chapter; or
(B) Video lottery. For the purposes of this subdivision (8)(B), "video lottery" means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance;
(9) "Lottery proceeds" or "proceeds" means all lottery revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery or received by the Tennessee education lottery corporation;
(10) "Lottery retailer" or "retailer" means a person who sells lottery tickets or shares on behalf of the Tennessee education lottery corporation pursuant to a contract;
(11) "Lottery vendor" or "vendor" means a person who provides or proposes to provide goods or services to the Tennessee education lottery corporation pursuant to a major procurement contract, but does not include an employee of the Tennessee education lottery corporation, a retailer, or a state agency or instrumentality of the Tennessee education lottery corporation. Such term does include a corporation whose shares are traded publicly and that is the parent company of the contracting party in a major procurement contract;
(12) "Major procurement contract" means any gaming product or service costing in excess of seventy-five thousand dollars ($75,000), including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Tennessee lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of a corporation;
(13) "Minority-owned business" means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business and who is impeded from normal entry into the economic mainstream because of: (A) Past practices of discrimination based on race, religion, ethnic background, or sex; (B) A disability as defined in § 4-26-102 ; or (C) Past practices of racial discrimination against African-Americans;
(A) Past practices of discrimination based on race, religion, ethnic background, or sex;
(B) A disability as defined in § 4-26-102 ; or
(C) Past practices of racial discrimination against African-Americans;
(14) "Net proceeds" or "net lottery proceeds" means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from lottery games minus operating expenses. "Net proceeds" or "net lottery proceeds" does not include unclaimed prize money;
(15) "Operating expense" means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, amounts held in or paid from a fidelity fund pursuant to § 4-51-118 , and all other operating costs;
(16) "Person" means any individual, corporation, partnership, unincorporated association, or other legal entity;
(17) "Prize" means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt;
(18) "Share" means any intangible evidence of participation in a lottery game; and
(19) "Ticket" means any tangible evidence issued by the lottery to provide participation in a lottery game.
Acts 2003 , ch. 297, § 2.
Tenn. Code Ann. § 4-6-110 — TN Code / Title 4 / Chapter 6 / Section 4-6-110
Dentists - Appointment and removal
Status: in_force

The commissioner of the department having control of the state prisons shall appoint a dentist, or may appoint dentists, whose duty it is to do the necessary dental work for the inmates of such of these institutions as may be under the commissioner's administration. Such dentist or dentists may at any time be removed by the commissioner for just cause. Only dentists who are licensed to practice dentistry in this state shall be eligible for appointment. Such appointment may be by employment in the department or by contract for services. Acts 1919, ch. 173, § 1; impl. am. Acts 1919, ch. 17, § 1; impl. am. Acts 1921, ch. 4, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 3, 5, 42; Shan. Supp., § 2642a54; mod. Code 1932, § 4567; impl. am. Acts 1955, ch. 17, § 1; impl. am. Acts 1955, ch. 220, § 1; modified; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; T.C.A. (orig. ed.), § 4-620; Acts 2003, ch. 355, § 21; 2012, ch. 1026, § 3.
The commissioner of the department having control of the state prisons shall appoint a dentist, or may appoint dentists, whose duty it is to do the necessary dental work for the inmates of such of these institutions as may be under the commissioner's administration. Such dentist or dentists may at any time be removed by the commissioner for just cause. Only dentists who are licensed to practice dentistry in this state shall be eligible for appointment. Such appointment may be by employment in the department or by contract for services.
Acts 1919, ch. 173, § 1; impl. am. Acts 1919, ch. 17, § 1; impl. am. Acts 1921, ch. 4, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 3, 5, 42; Shan. Supp., § 2642a54; mod. Code 1932, § 4567; impl. am. Acts 1955, ch. 17, § 1; impl. am. Acts 1955, ch. 220, § 1; modified; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; T.C.A. (orig. ed.), § 4-620; Acts 2003, ch. 355, § 21; 2012, ch. 1026, § 3.
Tenn. Code Ann. § 4-51-126 — TN Code / Title 4 / Chapter 51 / Section 4-51-126
Procurement contracts - Competitive bidding
Status: in_force

(a) (1) All major procurement contracts shall be competitively bid pursuant to policies and procedures adopted by the board pursuant to § 4-51-104(c)(5) and approved by the procurement commission pursuant to subdivision (a)(2). Such policies and procedures shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation and the best service and products for the public. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. (2) (A) Policies and procedures concerning competitive bidding of major procurement contracts for on-line and instant ticket lottery vendors and for advertising contracts estimated to be valued in excess of five hundred thousand dollars ($500,000) shall be filed with the procurement commission for review in accordance with subdivision (a)(2)(B). (B) (i) Notwithstanding title 12, chapter 3, part 4 to the contrary, the procurement commission shall review and approve, or disapprove, such policies and procedures within five (5) working days after submission. (ii) Upon approval, such policies and procedures shall become effective immediately and shall remain effective until amended, altered, or repealed. (iii) If not approved, the procurement commission shall file a statement with the corporation stating its basis for nonapproval. The corporation shall make any necessary revisions and file such revised policies and procedures with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2). (iv) If the procurement commission neither approves nor disapproves of such policies and procedures within five (5) working days, such policies and procedures shall become effective after the tenth calendar day and shall remain effective until amended, altered, or repealed. (C) Any amendment to such policies and procedures shall be filed with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2). (b) In any bidding process, the corporation may administer its own bidding and procurement or may utilize the services of the department of general services or other state agency or subdivision thereof. (c) (1) There shall be a lottery procurement panel consisting of the secretary of state, state treasurer and the commissioner of finance and administration. The commissioner of finance and administration shall serve as chair of the panel, and the department of finance and administration shall provide staff support to the panel as needed. (2) Prior to issuance of procurement documents for major procurement contracts regarding on-line and instant ticket lottery vendors, and any advertising contract estimated to be valued in excess of five hundred thousand dollars ($500,000), the corporation shall file such procurement documents with the lottery procurement panel. Such panel may individually, or collectively, review the procurement document and submit comments, if any, to the corporation within five (5) working days after submission to the panel for review. After receiving comments from the panel and, in any event, after the tenth calendar day after submission to the panel for review, the corporation may: (A) Revise such procurement document based on the comments of the panel. Any revised procurement document based on the comments of the panel shall be filed with the panel prior to issuance; or (B) Revise such procurement document in a manner not based on the comments of the panel. Any revised procurement document not based on the comments of the panel shall be filed with the panel and reviewed by the panel in accordance with this subsection (c) prior to issuance; or (C) Issue the procurement document without revision. Notwithstanding this subdivision (c)(2) to the contrary, the corporation may revise such procurement document prior to the fifth working day provided that the revised procurement document is filed with the panel and reviewed in accordance with this subsection (c) prior to issuance. (3) Comments of the procurement panel, or failure of the corporation to modify procurement documents based on such comments, shall not confer any rights or constitute a basis for a challenge by a vendor to the procurement process. (d) If the corporation determines that the requirement for competitive bidding does not apply to a major procurement contract regarding an on-line or instant ticket lottery vendor because such vendor is a single vendor having exclusive rights to offer a particular service or product, then, immediately upon making such a determination, the corporation shall file with the panel a notice of its intent not to require competitive bidding and a statement of reasons supporting that determination. (e) Executed copies of major procurement contracts regarding on-line and instant ticket lottery vendors, and any advertising contract valued in excess of five hundred thousand dollars ($500,000), shall be filed with the lottery procurement panel within five (5) working days of execution. (f) Procurement documents, contracts, and any other documentation, or portions thereof, filed with the lottery procurement panel by the corporation shall be subject to § 4-51-124 . Such information shall retain its confidentiality, if any, and shall only be used by the panel in the performance of its official duties. (g) (1) Except for information deemed confidential pursuant to § 4-51-124 , major procurement contracts entered into by the corporation regarding on-line and instant ticket lottery vendors, and any advertising contract valued in excess of five hundred thousand dollars ($500,000), shall be posted, via link to "Major Procurement Contracts," on the website of the Tennessee education lottery corporation. The corporation may post additional major procurement contracts. (2) The corporation shall post all major procurement contract procurement documents, via link to "Major Procurement Opportunities," on the website of the Tennessee education lottery corporation. Acts 2003 , ch. 297, § 2; 2011 , ch. 295, § 19.
(a) (1) All major procurement contracts shall be competitively bid pursuant to policies and procedures adopted by the board pursuant to § 4-51-104(c)(5) and approved by the procurement commission pursuant to subdivision (a)(2). Such policies and procedures shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation and the best service and products for the public. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. (2) (A) Policies and procedures concerning competitive bidding of major procurement contracts for on-line and instant ticket lottery vendors and for advertising contracts estimated to be valued in excess of five hundred thousand dollars ($500,000) shall be filed with the procurement commission for review in accordance with subdivision (a)(2)(B). (B) (i) Notwithstanding title 12, chapter 3, part 4 to the contrary, the procurement commission shall review and approve, or disapprove, such policies and procedures within five (5) working days after submission. (ii) Upon approval, such policies and procedures shall become effective immediately and shall remain effective until amended, altered, or repealed. (iii) If not approved, the procurement commission shall file a statement with the corporation stating its basis for nonapproval. The corporation shall make any necessary revisions and file such revised policies and procedures with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2). (iv) If the procurement commission neither approves nor disapproves of such policies and procedures within five (5) working days, such policies and procedures shall become effective after the tenth calendar day and shall remain effective until amended, altered, or repealed. (C) Any amendment to such policies and procedures shall be filed with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2).
(1) All major procurement contracts shall be competitively bid pursuant to policies and procedures adopted by the board pursuant to § 4-51-104(c)(5) and approved by the procurement commission pursuant to subdivision (a)(2). Such policies and procedures shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation and the best service and products for the public. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product.
(2) (A) Policies and procedures concerning competitive bidding of major procurement contracts for on-line and instant ticket lottery vendors and for advertising contracts estimated to be valued in excess of five hundred thousand dollars ($500,000) shall be filed with the procurement commission for review in accordance with subdivision (a)(2)(B). (B) (i) Notwithstanding title 12, chapter 3, part 4 to the contrary, the procurement commission shall review and approve, or disapprove, such policies and procedures within five (5) working days after submission. (ii) Upon approval, such policies and procedures shall become effective immediately and shall remain effective until amended, altered, or repealed. (iii) If not approved, the procurement commission shall file a statement with the corporation stating its basis for nonapproval. The corporation shall make any necessary revisions and file such revised policies and procedures with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2). (iv) If the procurement commission neither approves nor disapproves of such policies and procedures within five (5) working days, such policies and procedures shall become effective after the tenth calendar day and shall remain effective until amended, altered, or repealed. (C) Any amendment to such policies and procedures shall be filed with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2).
(A) Policies and procedures concerning competitive bidding of major procurement contracts for on-line and instant ticket lottery vendors and for advertising contracts estimated to be valued in excess of five hundred thousand dollars ($500,000) shall be filed with the procurement commission for review in accordance with subdivision (a)(2)(B).
(B) (i) Notwithstanding title 12, chapter 3, part 4 to the contrary, the procurement commission shall review and approve, or disapprove, such policies and procedures within five (5) working days after submission. (ii) Upon approval, such policies and procedures shall become effective immediately and shall remain effective until amended, altered, or repealed. (iii) If not approved, the procurement commission shall file a statement with the corporation stating its basis for nonapproval. The corporation shall make any necessary revisions and file such revised policies and procedures with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2). (iv) If the procurement commission neither approves nor disapproves of such policies and procedures within five (5) working days, such policies and procedures shall become effective after the tenth calendar day and shall remain effective until amended, altered, or repealed.
(i) Notwithstanding title 12, chapter 3, part 4 to the contrary, the procurement commission shall review and approve, or disapprove, such policies and procedures within five (5) working days after submission.
(ii) Upon approval, such policies and procedures shall become effective immediately and shall remain effective until amended, altered, or repealed.
(iii) If not approved, the procurement commission shall file a statement with the corporation stating its basis for nonapproval. The corporation shall make any necessary revisions and file such revised policies and procedures with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2).
(iv) If the procurement commission neither approves nor disapproves of such policies and procedures within five (5) working days, such policies and procedures shall become effective after the tenth calendar day and shall remain effective until amended, altered, or repealed.
(C) Any amendment to such policies and procedures shall be filed with the procurement commission for review and approval in a manner consistent with this subdivision (a)(2).
(b) In any bidding process, the corporation may administer its own bidding and procurement or may utilize the services of the department of general services or other state agency or subdivision thereof.
(c) (1) There shall be a lottery procurement panel consisting of the secretary of state, state treasurer and the commissioner of finance and administration. The commissioner of finance and administration shall serve as chair of the panel, and the department of finance and administration shall provide staff support to the panel as needed. (2) Prior to issuance of procurement documents for major procurement contracts regarding on-line and instant ticket lottery vendors, and any advertising contract estimated to be valued in excess of five hundred thousand dollars ($500,000), the corporation shall file such procurement documents with the lottery procurement panel. Such panel may individually, or collectively, review the procurement document and submit comments, if any, to the corporation within five (5) working days after submission to the panel for review. After receiving comments from the panel and, in any event, after the tenth calendar day after submission to the panel for review, the corporation may: (A) Revise such procurement document based on the comments of the panel. Any revised procurement document based on the comments of the panel shall be filed with the panel prior to issuance; or (B) Revise such procurement document in a manner not based on the comments of the panel. Any revised procurement document not based on the comments of the panel shall be filed with the panel and reviewed by the panel in accordance with this subsection (c) prior to issuance; or (C) Issue the procurement document without revision. Notwithstanding this subdivision (c)(2) to the contrary, the corporation may revise such procurement document prior to the fifth working day provided that the revised procurement document is filed with the panel and reviewed in accordance with this subsection (c) prior to issuance. (3) Comments of the procurement panel, or failure of the corporation to modify procurement documents based on such comments, shall not confer any rights or constitute a basis for a challenge by a vendor to the procurement process.
(1) There shall be a lottery procurement panel consisting of the secretary of state, state treasurer and the commissioner of finance and administration. The commissioner of finance and administration shall serve as chair of the panel, and the department of finance and administration shall provide staff support to the panel as needed.
(2) Prior to issuance of procurement documents for major procurement contracts regarding on-line and instant ticket lottery vendors, and any advertising contract estimated to be valued in excess of five hundred thousand dollars ($500,000), the corporation shall file such procurement documents with the lottery procurement panel. Such panel may individually, or collectively, review the procurement document and submit comments, if any, to the corporation within five (5) working days after submission to the panel for review. After receiving comments from the panel and, in any event, after the tenth calendar day after submission to the panel for review, the corporation may: (A) Revise such procurement document based on the comments of the panel. Any revised procurement document based on the comments of the panel shall be filed with the panel prior to issuance; or (B) Revise such procurement document in a manner not based on the comments of the panel. Any revised procurement document not based on the comments of the panel shall be filed with the panel and reviewed by the panel in accordance with this subsection (c) prior to issuance; or (C) Issue the procurement document without revision. Notwithstanding this subdivision (c)(2) to the contrary, the corporation may revise such procurement document prior to the fifth working day provided that the revised procurement document is filed with the panel and reviewed in accordance with this subsection (c) prior to issuance.
(A) Revise such procurement document based on the comments of the panel. Any revised procurement document based on the comments of the panel shall be filed with the panel prior to issuance; or
(B) Revise such procurement document in a manner not based on the comments of the panel. Any revised procurement document not based on the comments of the panel shall be filed with the panel and reviewed by the panel in accordance with this subsection (c) prior to issuance; or
(C) Issue the procurement document without revision. Notwithstanding this subdivision (c)(2) to the contrary, the corporation may revise such procurement document prior to the fifth working day provided that the revised procurement document is filed with the panel and reviewed in accordance with this subsection (c) prior to issuance.
(3) Comments of the procurement panel, or failure of the corporation to modify procurement documents based on such comments, shall not confer any rights or constitute a basis for a challenge by a vendor to the procurement process.
(d) If the corporation determines that the requirement for competitive bidding does not apply to a major procurement contract regarding an on-line or instant ticket lottery vendor because such vendor is a single vendor having exclusive rights to offer a particular service or product, then, immediately upon making such a determination, the corporation shall file with the panel a notice of its intent not to require competitive bidding and a statement of reasons supporting that determination.
(e) Executed copies of major procurement contracts regarding on-line and instant ticket lottery vendors, and any advertising contract valued in excess of five hundred thousand dollars ($500,000), shall be filed with the lottery procurement panel within five (5) working days of execution.
(f) Procurement documents, contracts, and any other documentation, or portions thereof, filed with the lottery procurement panel by the corporation shall be subject to § 4-51-124 . Such information shall retain its confidentiality, if any, and shall only be used by the panel in the performance of its official duties.
(g) (1) Except for information deemed confidential pursuant to § 4-51-124 , major procurement contracts entered into by the corporation regarding on-line and instant ticket lottery vendors, and any advertising contract valued in excess of five hundred thousand dollars ($500,000), shall be posted, via link to "Major Procurement Contracts," on the website of the Tennessee education lottery corporation. The corporation may post additional major procurement contracts. (2) The corporation shall post all major procurement contract procurement documents, via link to "Major Procurement Opportunities," on the website of the Tennessee education lottery corporation.
(1) Except for information deemed confidential pursuant to § 4-51-124 , major procurement contracts entered into by the corporation regarding on-line and instant ticket lottery vendors, and any advertising contract valued in excess of five hundred thousand dollars ($500,000), shall be posted, via link to "Major Procurement Contracts," on the website of the Tennessee education lottery corporation. The corporation may post additional major procurement contracts.
(2) The corporation shall post all major procurement contract procurement documents, via link to "Major Procurement Opportunities," on the website of the Tennessee education lottery corporation.
Acts 2003 , ch. 297, § 2; 2011 , ch. 295, § 19.
Tenn. Code Ann. § 4-10-111 — TN Code / Title 4 / Chapter 10 / Section 4-10-111
Study on titling of boats
Status: in_force

(a) The Tennessee advisory commission on intergovernmental relations (TACIR) is directed to perform a study of the creation and implementation of a system for the titling of boats in this state. This study must be conducted from TACIR's existing resources. (b) All appropriate state departments and agencies shall provide assistance to TACIR in connection with the study required by subsection (a). (c) TACIR shall report its findings and recommendations, including any proposed legislation or interim reports upon conclusion of its study. Added by 2017 Tenn. Acts, ch. 179,s 1, eff. 4/24/2017.
(a) The Tennessee advisory commission on intergovernmental relations (TACIR) is directed to perform a study of the creation and implementation of a system for the titling of boats in this state. This study must be conducted from TACIR's existing resources.
(b) All appropriate state departments and agencies shall provide assistance to TACIR in connection with the study required by subsection (a).
(c) TACIR shall report its findings and recommendations, including any proposed legislation or interim reports upon conclusion of its study.
Added by 2017 Tenn. Acts, ch. 179,s 1, eff. 4/24/2017.
Tenn. Code Ann. § 4-5-101 — TN Code / Title 4 / Chapter 5 / Section 4-5-101
Short title
Status: in_force

This chapter may be cited as the "Uniform Administrative Procedures Act." Acts 1974, ch. 725, § 1; T.C.A., § 4-507.
This chapter may be cited as the "Uniform Administrative Procedures Act."
Acts 1974, ch. 725, § 1; T.C.A., § 4-507.
Tenn. Code Ann. § 4-8-405 — TN Code / Title 4 / Chapter 8 / Section 4-8-405
Report on operation and accomplishments - Termination of commission
Status: in_force

Within thirty (30) days of the erection of the monument or statue in accordance with this part, the David Crockett commission shall submit to the governor, the speakers of the senate and the house of representatives, and the chairs of the government operations committees of the house of representatives and senate a complete and detailed report setting forth its operation and accomplishments, at which time the commission shall cease to exist. Acts 2012, ch. 1064, § 5.
Within thirty (30) days of the erection of the monument or statue in accordance with this part, the David Crockett commission shall submit to the governor, the speakers of the senate and the house of representatives, and the chairs of the government operations committees of the house of representatives and senate a complete and detailed report setting forth its operation and accomplishments, at which time the commission shall cease to exist.
Acts 2012, ch. 1064, § 5.
Tenn. Code Ann. § 4-3-2019 — TN Code / Title 4 / Chapter 3 / Section 4-3-2019
State facility protection officers
Status: in_force

(a) The commissioner of safety may appoint and commission peace officers as provided in this section. Such peace officers shall be known as state facility protection officers. Any company licensed under title 62, chapter 35 as a private protective service and which has a contract with the state to provide armed guards may apply to the commissioner of safety for the appointment and commissioning of such number of its employees as the company shall designate to act as state facility protection officers. (b) (1) The commissioner, or the commissioner's designee, upon receipt of a state facility protection officer application, shall review the application to verify the person seeking the commission is qualified to receive such commission, and may issue such commission if all requirements are met. (2) No person shall be commissioned unless: (A) The person holds an armed guard certification issued under title 62, chapter 35; (B) The person has received initial civilian or military training substantially similar to that of the peace officers standards and training commission in the areas pertaining to their duties; (C) The person substantially meets the pre-employment standards as set forth by the peace officers standards and training commission; and (D) The person has completed a department approved training course pertaining to their duties as a state facility protection officer. (3) All commissioned persons are required to maintain their armed guard certification and comply with any required, recurrent training as may be mandated by the department. (4) The commission issued under this subsection (b) shall only be issued to persons who are assigned to property or buildings owned or leased by the state. (c) (1) The state facility protection officer program shall be overseen and directed by the commissioner or the commissioner's designee. (2) Each state facility protection officer assigned in accordance with subdivision (b)(4) shall have and exercise the following authority for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the department of safety: (A) The authority to make arrests for public offenses committed against state officials or employees or committed upon, about, or against property owned or leased by the state or on public roads or rights-of-way passing through such owned or leased property; (B) The authority to provide security at property owned or leased by the state; and (C) The authority to carry weapons for the reasonable purposes of the officer's employment and only while in the performance of the officer's assigned duties. (d) Every state facility protection officer appointed pursuant to this section, when on duty shall possess a badge or identification card issued by the department identifying the officer as a state facility protection officer, and the officer shall exhibit the badge or identification card on demand and before making an arrest. (e) (1) When a person appointed and commissioned as a state facility protection officer leaves employment with the company that person's powers as a state facility protection officer shall cease and terminate at that time. The company shall notify the commissioner in writing within one (1) business day of the person leaving employment, and shall return any badge or identification to the department within five (5) business days of the day the person leaves employment. (2) When the department no longer requires the services of a person appointed and commissioned as a state facility protection officer, the department of safety shall notify the company. Upon notification, the powers of the state facility protection officer shall cease and terminate. The company shall not return the person to an assignment under the contract and shall return any badge or identification held by the person to the department. Amended by 2017 Tenn. Acts, ch. 153,s 3, eff. 4/17/2017. Added by 2014 Tenn. Acts, ch. 855,s 1, eff. 4/30/2014.
(a) The commissioner of safety may appoint and commission peace officers as provided in this section. Such peace officers shall be known as state facility protection officers. Any company licensed under title 62, chapter 35 as a private protective service and which has a contract with the state to provide armed guards may apply to the commissioner of safety for the appointment and commissioning of such number of its employees as the company shall designate to act as state facility protection officers.
(b) (1) The commissioner, or the commissioner's designee, upon receipt of a state facility protection officer application, shall review the application to verify the person seeking the commission is qualified to receive such commission, and may issue such commission if all requirements are met. (2) No person shall be commissioned unless: (A) The person holds an armed guard certification issued under title 62, chapter 35; (B) The person has received initial civilian or military training substantially similar to that of the peace officers standards and training commission in the areas pertaining to their duties; (C) The person substantially meets the pre-employment standards as set forth by the peace officers standards and training commission; and (D) The person has completed a department approved training course pertaining to their duties as a state facility protection officer. (3) All commissioned persons are required to maintain their armed guard certification and comply with any required, recurrent training as may be mandated by the department. (4) The commission issued under this subsection (b) shall only be issued to persons who are assigned to property or buildings owned or leased by the state.
(1) The commissioner, or the commissioner's designee, upon receipt of a state facility protection officer application, shall review the application to verify the person seeking the commission is qualified to receive such commission, and may issue such commission if all requirements are met.
(2) No person shall be commissioned unless: (A) The person holds an armed guard certification issued under title 62, chapter 35; (B) The person has received initial civilian or military training substantially similar to that of the peace officers standards and training commission in the areas pertaining to their duties; (C) The person substantially meets the pre-employment standards as set forth by the peace officers standards and training commission; and (D) The person has completed a department approved training course pertaining to their duties as a state facility protection officer.
(A) The person holds an armed guard certification issued under title 62, chapter 35;
(B) The person has received initial civilian or military training substantially similar to that of the peace officers standards and training commission in the areas pertaining to their duties;
(C) The person substantially meets the pre-employment standards as set forth by the peace officers standards and training commission; and
(D) The person has completed a department approved training course pertaining to their duties as a state facility protection officer.
(3) All commissioned persons are required to maintain their armed guard certification and comply with any required, recurrent training as may be mandated by the department.
(4) The commission issued under this subsection (b) shall only be issued to persons who are assigned to property or buildings owned or leased by the state.
(c) (1) The state facility protection officer program shall be overseen and directed by the commissioner or the commissioner's designee. (2) Each state facility protection officer assigned in accordance with subdivision (b)(4) shall have and exercise the following authority for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the department of safety: (A) The authority to make arrests for public offenses committed against state officials or employees or committed upon, about, or against property owned or leased by the state or on public roads or rights-of-way passing through such owned or leased property; (B) The authority to provide security at property owned or leased by the state; and (C) The authority to carry weapons for the reasonable purposes of the officer's employment and only while in the performance of the officer's assigned duties.
(1) The state facility protection officer program shall be overseen and directed by the commissioner or the commissioner's designee.
(2) Each state facility protection officer assigned in accordance with subdivision (b)(4) shall have and exercise the following authority for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the department of safety: (A) The authority to make arrests for public offenses committed against state officials or employees or committed upon, about, or against property owned or leased by the state or on public roads or rights-of-way passing through such owned or leased property; (B) The authority to provide security at property owned or leased by the state; and (C) The authority to carry weapons for the reasonable purposes of the officer's employment and only while in the performance of the officer's assigned duties.
(A) The authority to make arrests for public offenses committed against state officials or employees or committed upon, about, or against property owned or leased by the state or on public roads or rights-of-way passing through such owned or leased property;
(B) The authority to provide security at property owned or leased by the state; and
(C) The authority to carry weapons for the reasonable purposes of the officer's employment and only while in the performance of the officer's assigned duties.
(d) Every state facility protection officer appointed pursuant to this section, when on duty shall possess a badge or identification card issued by the department identifying the officer as a state facility protection officer, and the officer shall exhibit the badge or identification card on demand and before making an arrest.
(e) (1) When a person appointed and commissioned as a state facility protection officer leaves employment with the company that person's powers as a state facility protection officer shall cease and terminate at that time. The company shall notify the commissioner in writing within one (1) business day of the person leaving employment, and shall return any badge or identification to the department within five (5) business days of the day the person leaves employment. (2) When the department no longer requires the services of a person appointed and commissioned as a state facility protection officer, the department of safety shall notify the company. Upon notification, the powers of the state facility protection officer shall cease and terminate. The company shall not return the person to an assignment under the contract and shall return any badge or identification held by the person to the department.
(1) When a person appointed and commissioned as a state facility protection officer leaves employment with the company that person's powers as a state facility protection officer shall cease and terminate at that time. The company shall notify the commissioner in writing within one (1) business day of the person leaving employment, and shall return any badge or identification to the department within five (5) business days of the day the person leaves employment.
(2) When the department no longer requires the services of a person appointed and commissioned as a state facility protection officer, the department of safety shall notify the company. Upon notification, the powers of the state facility protection officer shall cease and terminate. The company shall not return the person to an assignment under the contract and shall return any badge or identification held by the person to the department.
Amended by 2017 Tenn. Acts, ch. 153,s 3, eff. 4/17/2017.
Added by 2014 Tenn. Acts, ch. 855,s 1, eff. 4/30/2014.
Tenn. Code Ann. § 4-31-203 — TN Code / Title 4 / Chapter 31 / Section 4-31-203
Loans - General power of authority
Status: in_force

(a) The authority may make, and undertake commitments to make, loans to or deposits with lenders under the agricultural development loan program for the financing of certain agricultural enterprises under terms and conditions that shall: (1) Require the proceeds thereof to be used by such lenders to make loans for agricultural enterprises; and (2) Require that no loans made by such lenders to finance a single agricultural enterprise shall exceed the aggregate principal amount of five hundred thousand dollars ($500,000). (b) The authority may invest in, purchase or make commitments to invest in or purchase, and take assignments of, loans made by lenders for the construction, rehabilitation or purchase of agricultural enterprises. No loan shall be eligible for investment in, purchase or assignment by the authority: (1) If the loan was initially made more than six (6) months prior to the date of investment, purchase or assignment; or (2) If the aggregate principal amount of the loan received by a person exceeds five hundred thousand dollars ($500,000), and in computing that amount a loan received by an individual shall be aggregated with those loans received by such individual's spouse and children, and a loan received by a firm, partnership or corporation shall be aggregated with those loans received by each owner, partner or stockholder thereof. Acts 1981, ch. 394, § 6; 1983, ch. 115, § 1.
(a) The authority may make, and undertake commitments to make, loans to or deposits with lenders under the agricultural development loan program for the financing of certain agricultural enterprises under terms and conditions that shall: (1) Require the proceeds thereof to be used by such lenders to make loans for agricultural enterprises; and (2) Require that no loans made by such lenders to finance a single agricultural enterprise shall exceed the aggregate principal amount of five hundred thousand dollars ($500,000).
(1) Require the proceeds thereof to be used by such lenders to make loans for agricultural enterprises; and
(2) Require that no loans made by such lenders to finance a single agricultural enterprise shall exceed the aggregate principal amount of five hundred thousand dollars ($500,000).
(b) The authority may invest in, purchase or make commitments to invest in or purchase, and take assignments of, loans made by lenders for the construction, rehabilitation or purchase of agricultural enterprises. No loan shall be eligible for investment in, purchase or assignment by the authority: (1) If the loan was initially made more than six (6) months prior to the date of investment, purchase or assignment; or (2) If the aggregate principal amount of the loan received by a person exceeds five hundred thousand dollars ($500,000), and in computing that amount a loan received by an individual shall be aggregated with those loans received by such individual's spouse and children, and a loan received by a firm, partnership or corporation shall be aggregated with those loans received by each owner, partner or stockholder thereof.
(1) If the loan was initially made more than six (6) months prior to the date of investment, purchase or assignment; or
(2) If the aggregate principal amount of the loan received by a person exceeds five hundred thousand dollars ($500,000), and in computing that amount a loan received by an individual shall be aggregated with those loans received by such individual's spouse and children, and a loan received by a firm, partnership or corporation shall be aggregated with those loans received by each owner, partner or stockholder thereof.
Acts 1981, ch. 394, § 6; 1983, ch. 115, § 1.
Tenn. Code Ann. § 4-12-201 — TN Code / Title 4 / Chapter 12 / Section 4-12-201
Short title
Status: in_force

This part shall be known and may be cited as the "Museum Inventory Act." Acts 1983, ch. 214, § 1.
This part shall be known and may be cited as the "Museum Inventory Act."
Acts 1983, ch. 214, § 1.
Tenn. Code Ann. § 4-3-1404 — TN Code / Title 4 / Chapter 3 / Section 4-3-1404
Purpose and goals of the department
Status: in_force

(a) Through the department of labor and workforce development, Tennessee state government, in cooperation with business and industry, will strive to provide integrated, effective, efficient delivery of employment related services and training, in compliance with the federal Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), so the state can increase the occupational skill attainment of its workforce and, as a result, improve the quality of the workforce, further the reduction of welfare dependency and enhance the state's productivity and competitiveness in the global economy. The department shall strive to meet the needs of business and industry in this state for the development of a highly skilled and productive workforce. (b) The department shall strive to meet the needs of employees, unemployed persons, and persons making the transition into the workplace through education, skills training, labor market information, and an efficient unemployment insurance program to enhance their employability, earnings and standard of living while ensuring that employees have a safe, healthy workplace. These services for employees shall focus, whenever possible, on assisting employees to obtain jobs of their choice that provide health insurance, job security and the opportunity for self-sufficiency. The department shall serve as a model employer relative to safety and working conditions in the workplace and in the training and retraining of employees to meet the changes in the work environment. The departments of labor and workforce development and economic and community development shall collaborate relative to job creation, attraction and expansion of business and industry. The department of labor and workforce development shall work to continuously improve the management and coordination of employment-related services for the benefit of business and industry and Tennessee's workforce and shall ensure the taxpayers of this state that revenues for workforce development and unemployment insurance programs are spent effectively and efficiently. Amended by 2016 Tenn. Acts, ch. 599,s 4, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 57,s 2, eff. 7/1/2015. Acts 1999, ch. 520, § 5.
(a) Through the department of labor and workforce development, Tennessee state government, in cooperation with business and industry, will strive to provide integrated, effective, efficient delivery of employment related services and training, in compliance with the federal Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), so the state can increase the occupational skill attainment of its workforce and, as a result, improve the quality of the workforce, further the reduction of welfare dependency and enhance the state's productivity and competitiveness in the global economy. The department shall strive to meet the needs of business and industry in this state for the development of a highly skilled and productive workforce.
(b) The department shall strive to meet the needs of employees, unemployed persons, and persons making the transition into the workplace through education, skills training, labor market information, and an efficient unemployment insurance program to enhance their employability, earnings and standard of living while ensuring that employees have a safe, healthy workplace. These services for employees shall focus, whenever possible, on assisting employees to obtain jobs of their choice that provide health insurance, job security and the opportunity for self-sufficiency. The department shall serve as a model employer relative to safety and working conditions in the workplace and in the training and retraining of employees to meet the changes in the work environment. The departments of labor and workforce development and economic and community development shall collaborate relative to job creation, attraction and expansion of business and industry. The department of labor and workforce development shall work to continuously improve the management and coordination of employment-related services for the benefit of business and industry and Tennessee's workforce and shall ensure the taxpayers of this state that revenues for workforce development and unemployment insurance programs are spent effectively and efficiently.
Amended by 2016 Tenn. Acts, ch. 599,s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 57,s 2, eff. 7/1/2015.
Acts 1999, ch. 520, § 5.
Tenn. Code Ann. § 4-28-105 — TN Code / Title 4 / Chapter 28 / Section 4-28-105
Standardized format for TNInvestco to apply for investment tax credits - Information required in applications - Submission of irrevocable investment commitments - Penalty for failure to perform - Review of applications - Criteria - Aggregate amount of investment tax credits to be allocated - Deadline for approval
Status: in_force

(a) The department of economic and community development, in consultation with the department of revenue must provide a standardized format for a TNInvestco to apply for the investment tax credits. (b) Applications shall contain such information as required by the department of revenue and the department of economic and community development, including statements regarding the ability to obtain the required investment commitments. Each TNInvestco shall submit irrevocable investment commitments from participating investors and TNInvestco owners in an aggregate amount equal to at least the base investment amount not later than November 30, 2009. TNInvestcos that are awarded investment tax credits under this chapter based on the asserted ability to raise the required capital shall be subject to a fifty-thousand-dollar ($50,000) penalty for failure to perform. The proceeds from any such penalty shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. (c) (1) (A) The department of revenue and the department of economic and community development, in consultation with the Tennessee Technology Development Corporation, shall review the applications and award the investment tax credits based on the overall strength of the application using the following criteria: (i) The applicant has at least two (2) investment managers with five (5) or more years of investment experience; (ii) The applicant has been based, as defined by having a principal office, in this state for at least five (5) years or has at least five (5) years of experience in investing primarily in Tennessee domiciled companies; (iii) The applicant's proposed investment strategy for achieving transformational economic development outcomes through focused investments of capital in seed or early stage companies with high-growth potential; and (iv) The applicant's demonstrated ability to lead investment rounds, advise and mentor entrepreneurs and facilitate follow-on investments. (B) TNInvestcos that do not meet the criteria in subdivision (c)(1)(A)(ii) may submit a joint application with an entity that meets the criteria set out in subdivision (c)(1)(A)(ii), and such application shall be judged based on the combined attributes of the joint application. (2) The awarding of investment tax credits shall be in the sole discretion of the commissioner of revenue and the commissioner of economic and community development. (d) The aggregate amount of investment tax credits to be allocated to all participating investors of qualified TNInvestcos under this chapter shall not exceed one hundred twenty million dollars ($120,000,000). The investment tax credits will be awarded in twenty-million-dollar ($20,000,000) allocations. No TNInvestco, on an aggregate basis with its joint applicants, may apply for more than two (2) twenty-million-dollar ($20,000,000) allocations. (e) The TNInvestco will receive, no later than December 31, 2009, a written notice from the department of economic and community development stating whether or not it has been approved as a qualified TNInvestco and, if applicable, stating the amount of its investment tax credit allocation. (f) Notwithstanding subsection (d), the commissioner of revenue and the commissioner of economic and community development are authorized to allocate additional investment tax credits in the total amount of eighty million dollars ($80,000,000) such that the aggregate amount of investment tax credits to be allocated under this chapter shall not exceed two hundred million dollars ($200,000,000). Such additional investment tax credits shall consist of four (4) twenty-million-dollar allocations, which shall be awarded, respectively, to the four (4) TNInvestcos, chosen as finalists by the commissioner of revenue and the commissioner of economic and community development during the selection process set out in subsections (a)-(e), that did not receive an allocation of investment tax credits under subsection (d). Final allocation of such tax credits to such TNInvestcos shall occur after the TNInvestcos have obtained irrevocable investment commitments from participating investors and TNInvestco owners in an aggregate amount equal to at least the base investment amount. The tax credits awarded pursuant to this section shall be syndicated in a manner approved by the state treasurer and the commissioner of economic and community development. Any contract to sell tax credits, entered on or after June 30, 2010, in a manner that has not been approved by the state treasurer and the commissioner of economic and community development shall be voidable in the sole discretion of the state treasurer. (g) If the general assembly subsequently authorizes an allocation of investment tax credits in addition to the two hundred million dollars ($200,000,000) authorized by subsection (f) and by chapter 610 of the Public Acts of 2009, in reviewing applications and awarding such credits, the commissioner of revenue and the commissioner of economic and community development shall strive to select applicants whose investment team membership is reflective of the racial, ethnic and gender diversity of Tennessee's population. Acts 2009 , ch. 610, § 6; 2010 , ch. 1142, §§ 8, 9, 32.
(a) The department of economic and community development, in consultation with the department of revenue must provide a standardized format for a TNInvestco to apply for the investment tax credits.
(b) Applications shall contain such information as required by the department of revenue and the department of economic and community development, including statements regarding the ability to obtain the required investment commitments. Each TNInvestco shall submit irrevocable investment commitments from participating investors and TNInvestco owners in an aggregate amount equal to at least the base investment amount not later than November 30, 2009. TNInvestcos that are awarded investment tax credits under this chapter based on the asserted ability to raise the required capital shall be subject to a fifty-thousand-dollar ($50,000) penalty for failure to perform. The proceeds from any such penalty shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts.
(c) (1) (A) The department of revenue and the department of economic and community development, in consultation with the Tennessee Technology Development Corporation, shall review the applications and award the investment tax credits based on the overall strength of the application using the following criteria: (i) The applicant has at least two (2) investment managers with five (5) or more years of investment experience; (ii) The applicant has been based, as defined by having a principal office, in this state for at least five (5) years or has at least five (5) years of experience in investing primarily in Tennessee domiciled companies; (iii) The applicant's proposed investment strategy for achieving transformational economic development outcomes through focused investments of capital in seed or early stage companies with high-growth potential; and (iv) The applicant's demonstrated ability to lead investment rounds, advise and mentor entrepreneurs and facilitate follow-on investments. (B) TNInvestcos that do not meet the criteria in subdivision (c)(1)(A)(ii) may submit a joint application with an entity that meets the criteria set out in subdivision (c)(1)(A)(ii), and such application shall be judged based on the combined attributes of the joint application. (2) The awarding of investment tax credits shall be in the sole discretion of the commissioner of revenue and the commissioner of economic and community development.
(1) (A) The department of revenue and the department of economic and community development, in consultation with the Tennessee Technology Development Corporation, shall review the applications and award the investment tax credits based on the overall strength of the application using the following criteria: (i) The applicant has at least two (2) investment managers with five (5) or more years of investment experience; (ii) The applicant has been based, as defined by having a principal office, in this state for at least five (5) years or has at least five (5) years of experience in investing primarily in Tennessee domiciled companies; (iii) The applicant's proposed investment strategy for achieving transformational economic development outcomes through focused investments of capital in seed or early stage companies with high-growth potential; and (iv) The applicant's demonstrated ability to lead investment rounds, advise and mentor entrepreneurs and facilitate follow-on investments. (B) TNInvestcos that do not meet the criteria in subdivision (c)(1)(A)(ii) may submit a joint application with an entity that meets the criteria set out in subdivision (c)(1)(A)(ii), and such application shall be judged based on the combined attributes of the joint application.
(A) The department of revenue and the department of economic and community development, in consultation with the Tennessee Technology Development Corporation, shall review the applications and award the investment tax credits based on the overall strength of the application using the following criteria: (i) The applicant has at least two (2) investment managers with five (5) or more years of investment experience; (ii) The applicant has been based, as defined by having a principal office, in this state for at least five (5) years or has at least five (5) years of experience in investing primarily in Tennessee domiciled companies; (iii) The applicant's proposed investment strategy for achieving transformational economic development outcomes through focused investments of capital in seed or early stage companies with high-growth potential; and (iv) The applicant's demonstrated ability to lead investment rounds, advise and mentor entrepreneurs and facilitate follow-on investments.
(i) The applicant has at least two (2) investment managers with five (5) or more years of investment experience;
(ii) The applicant has been based, as defined by having a principal office, in this state for at least five (5) years or has at least five (5) years of experience in investing primarily in Tennessee domiciled companies;
(iii) The applicant's proposed investment strategy for achieving transformational economic development outcomes through focused investments of capital in seed or early stage companies with high-growth potential; and
(iv) The applicant's demonstrated ability to lead investment rounds, advise and mentor entrepreneurs and facilitate follow-on investments.
(B) TNInvestcos that do not meet the criteria in subdivision (c)(1)(A)(ii) may submit a joint application with an entity that meets the criteria set out in subdivision (c)(1)(A)(ii), and such application shall be judged based on the combined attributes of the joint application.
(2) The awarding of investment tax credits shall be in the sole discretion of the commissioner of revenue and the commissioner of economic and community development.
(d) The aggregate amount of investment tax credits to be allocated to all participating investors of qualified TNInvestcos under this chapter shall not exceed one hundred twenty million dollars ($120,000,000). The investment tax credits will be awarded in twenty-million-dollar ($20,000,000) allocations. No TNInvestco, on an aggregate basis with its joint applicants, may apply for more than two (2) twenty-million-dollar ($20,000,000) allocations.
(e) The TNInvestco will receive, no later than December 31, 2009, a written notice from the department of economic and community development stating whether or not it has been approved as a qualified TNInvestco and, if applicable, stating the amount of its investment tax credit allocation.
(f) Notwithstanding subsection (d), the commissioner of revenue and the commissioner of economic and community development are authorized to allocate additional investment tax credits in the total amount of eighty million dollars ($80,000,000) such that the aggregate amount of investment tax credits to be allocated under this chapter shall not exceed two hundred million dollars ($200,000,000). Such additional investment tax credits shall consist of four (4) twenty-million-dollar allocations, which shall be awarded, respectively, to the four (4) TNInvestcos, chosen as finalists by the commissioner of revenue and the commissioner of economic and community development during the selection process set out in subsections (a)-(e), that did not receive an allocation of investment tax credits under subsection (d). Final allocation of such tax credits to such TNInvestcos shall occur after the TNInvestcos have obtained irrevocable investment commitments from participating investors and TNInvestco owners in an aggregate amount equal to at least the base investment amount. The tax credits awarded pursuant to this section shall be syndicated in a manner approved by the state treasurer and the commissioner of economic and community development. Any contract to sell tax credits, entered on or after June 30, 2010, in a manner that has not been approved by the state treasurer and the commissioner of economic and community development shall be voidable in the sole discretion of the state treasurer.
(g) If the general assembly subsequently authorizes an allocation of investment tax credits in addition to the two hundred million dollars ($200,000,000) authorized by subsection (f) and by chapter 610 of the Public Acts of 2009, in reviewing applications and awarding such credits, the commissioner of revenue and the commissioner of economic and community development shall strive to select applicants whose investment team membership is reflective of the racial, ethnic and gender diversity of Tennessee's population.
Acts 2009 , ch. 610, § 6; 2010 , ch. 1142, §§ 8, 9, 32.
Tenn. Code Ann. § 4-1-415 — TN Code / Title 4 / Chapter 1 / Section 4-1-415
Tennessee Archaeology Awareness Month
Status: in_force

The month of September shall be designated "Tennessee Archaeology Awareness Month" to encourage all citizens to learn more about prehistoric and historic archaeology in Tennessee. Added by 2015 Tenn. Acts, ch. 28,s 1, eff. 3/27/2015.
The month of September shall be designated "Tennessee Archaeology Awareness Month" to encourage all citizens to learn more about prehistoric and historic archaeology in Tennessee.
Added by 2015 Tenn. Acts, ch. 28,s 1, eff. 3/27/2015.
Tenn. Code Ann. § 4-51-105 — TN Code / Title 4 / Chapter 51 / Section 4-51-105
Corporate powers
Status: in_force

(a) The corporation shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter that are not in conflict with the constitution of the state of Tennessee and that are generally exercised by corporations engaged in entrepreneurial pursuits, including, but not limited to, the following powers: (1) To sue and be sued as provided in this chapter; (2) To adopt and alter a seal; (3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title; (4) To procure or to provide insurance; (5) To hold copyrights, trademarks, and service marks and enforce its rights with respect to the copyrights and marks; (6) To initiate, supervise, and administer the operation of the lottery in accordance with this chapter and regulations, policies, and procedures adopted pursuant to this chapter; (7) To enter into written agreements with one (1) or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games; (8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication; (9) To acquire or lease real property and make improvements to that real property and acquire by lease or by purchase tangible personal property and intangible personal property; (10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the state funding board; (11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation; (12) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan; provided, however, that the corporation may become a participating employer in the Tennessee consolidated retirement system pursuant to § 4-51-131 and may be eligible as a quasi-governmental organization for state group health insurance pursuant to § 8-27-207 [repealed and reenacted. See Compiler's Notes]; (13) To select and contract with vendors and retailers; (14) To enter into contracts or agreements with the Tennessee bureau of investigation, local law enforcement agencies, appropriate federal agencies or private companies for the performance of criminal record checks, background investigations, and security checks; (15) To enter into contracts of any and all types on such terms and conditions as the corporation may determine; (16) To establish and maintain banking and other financial relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit; (17) To advertise and promote the lottery and lottery games in a dignified and responsible manner; (18) To act as a retailer, to conduct promotions that involve the dispensing of lottery tickets or shares, and to establish and operate sales facilities to sell lottery tickets or shares and any related merchandise; (19) To establish and maintain regional offices; provided, however, that there shall be at least one (1) such office in each grand division; and (20) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies, and procedures shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title. (b) Title 67, chapter 4, parts 7, 20, and 21 shall not apply to the activities of the corporation. (c) The powers enumerated in subsection (a) are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and do not limit or restrict any other powers of the corporation. Acts 2003, ch. 297, § 2; 2005, ch. 417, § 1.
(a) The corporation shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter that are not in conflict with the constitution of the state of Tennessee and that are generally exercised by corporations engaged in entrepreneurial pursuits, including, but not limited to, the following powers: (1) To sue and be sued as provided in this chapter; (2) To adopt and alter a seal; (3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title; (4) To procure or to provide insurance; (5) To hold copyrights, trademarks, and service marks and enforce its rights with respect to the copyrights and marks; (6) To initiate, supervise, and administer the operation of the lottery in accordance with this chapter and regulations, policies, and procedures adopted pursuant to this chapter; (7) To enter into written agreements with one (1) or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games; (8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication; (9) To acquire or lease real property and make improvements to that real property and acquire by lease or by purchase tangible personal property and intangible personal property; (10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the state funding board; (11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation; (12) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan; provided, however, that the corporation may become a participating employer in the Tennessee consolidated retirement system pursuant to § 4-51-131 and may be eligible as a quasi-governmental organization for state group health insurance pursuant to § 8-27-207 [repealed and reenacted. See Compiler's Notes]; (13) To select and contract with vendors and retailers; (14) To enter into contracts or agreements with the Tennessee bureau of investigation, local law enforcement agencies, appropriate federal agencies or private companies for the performance of criminal record checks, background investigations, and security checks; (15) To enter into contracts of any and all types on such terms and conditions as the corporation may determine; (16) To establish and maintain banking and other financial relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit; (17) To advertise and promote the lottery and lottery games in a dignified and responsible manner; (18) To act as a retailer, to conduct promotions that involve the dispensing of lottery tickets or shares, and to establish and operate sales facilities to sell lottery tickets or shares and any related merchandise; (19) To establish and maintain regional offices; provided, however, that there shall be at least one (1) such office in each grand division; and (20) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies, and procedures shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(1) To sue and be sued as provided in this chapter;
(2) To adopt and alter a seal;
(3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title;
(4) To procure or to provide insurance;
(5) To hold copyrights, trademarks, and service marks and enforce its rights with respect to the copyrights and marks;
(6) To initiate, supervise, and administer the operation of the lottery in accordance with this chapter and regulations, policies, and procedures adopted pursuant to this chapter;
(7) To enter into written agreements with one (1) or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games;
(8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;
(9) To acquire or lease real property and make improvements to that real property and acquire by lease or by purchase tangible personal property and intangible personal property;
(10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the state funding board;
(11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation;
(12) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan; provided, however, that the corporation may become a participating employer in the Tennessee consolidated retirement system pursuant to § 4-51-131 and may be eligible as a quasi-governmental organization for state group health insurance pursuant to § 8-27-207 [repealed and reenacted. See Compiler's Notes];
(13) To select and contract with vendors and retailers;
(14) To enter into contracts or agreements with the Tennessee bureau of investigation, local law enforcement agencies, appropriate federal agencies or private companies for the performance of criminal record checks, background investigations, and security checks;
(15) To enter into contracts of any and all types on such terms and conditions as the corporation may determine;
(16) To establish and maintain banking and other financial relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit;
(17) To advertise and promote the lottery and lottery games in a dignified and responsible manner;
(18) To act as a retailer, to conduct promotions that involve the dispensing of lottery tickets or shares, and to establish and operate sales facilities to sell lottery tickets or shares and any related merchandise;
(19) To establish and maintain regional offices; provided, however, that there shall be at least one (1) such office in each grand division; and
(20) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies, and procedures shall be exempt from the requirements of the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(b) Title 67, chapter 4, parts 7, 20, and 21 shall not apply to the activities of the corporation.
(c) The powers enumerated in subsection (a) are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and do not limit or restrict any other powers of the corporation.
Acts 2003, ch. 297, § 2; 2005, ch. 417, § 1.
Tenn. Code Ann. § 4-58-110 — TN Code / Title 4 / Chapter 58 / Section 4-58-110
Limitations on application of chapter
Status: in_force

This chapter shall not apply to: (1) Any person applying for benefits who: (A) Lacks the mental capacity to commit perjury under oath; and (B) Has not been judicially appointed a guardian or conservator; (2) Legal services provided by a district public defender, court-appointed counsel, or other counsel for indigent services; (3) Prenatal care administered by the department of health; or (4) The special supplemental food program for women, infants and children administered by the department of health. Acts 2012, ch. 1061, § 1.
This chapter shall not apply to:
(1) Any person applying for benefits who: (A) Lacks the mental capacity to commit perjury under oath; and (B) Has not been judicially appointed a guardian or conservator;
(A) Lacks the mental capacity to commit perjury under oath; and
(B) Has not been judicially appointed a guardian or conservator;
(2) Legal services provided by a district public defender, court-appointed counsel, or other counsel for indigent services;
(3) Prenatal care administered by the department of health; or
(4) The special supplemental food program for women, infants and children administered by the department of health.
Acts 2012, ch. 1061, § 1.