Tenn. Code Ann. § 3-6-115 — TN Code / Title 3 / Chapter 6 / Section 3-6-115
Electronic filing and registration system
Status: in_force

(a) Notwithstanding any other law to the contrary, the Tennessee ethics commission shall: (1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all persons that are required to electronically register or file statements and reports with the commission pursuant to this chapter, §§ 2-10-115 and 2-10-122 - 2-10-130, and title 8, chapter 50, part 5; (2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each person required to register or file statements and reports with the commission secure access to the electronic registration and filing system. The system shall provide adequate safeguards to prevent unauthorized persons from inappropriately tampering with or changing the data and shall provide for secure authentication safeguards for documents such as electronic signatures and electronic notarization; (3) Provide training to each person required to register or file statements and reports with the commission on the use of the electronic filing system; (4) Make, with the advice, assistance and approval of the division of strategic technology solutions, electronically filed reports and statements available for viewing on the commission's website in a format that is searchable and that may be downloaded and managed by a user with appropriate software; provided, that this subdivision (a)(4) does not apply to those documents required to be confidential pursuant to § 3-6-202 . In addition to any other method of information management developed by the commission, conflict of interest disclosures shall be indexed and searchable by county; and (5) Beginning on October 1, 2006, with the advice, assistance and approval of the division of strategic technology solutions, provide the public access to lists compiled from the registrations and other documents filed by employers of lobbyists, lobbyists, and persons required to file conflict of interest disclosures. In addition, the commission shall provide assistance to anyone seeking to access this information on the Internet. (b) The commission, once the development of the electronic filing system is completed and tested, shall provide public notice that the system is operational and available for filers to commence use. (c) The commission shall, with the advice, assistance and approval of the division of strategic technology solutions, implement the electronic filing system for use by October 1, 2006. Any person required to electronically file statements and reports with the commission shall file required statements and reports electronically on or after October 1, 2006. Any required statements and reports filed with the registry of election finance prior to October 1, 2006, shall continue to be filed with the registry until such date. (d) All information entered by any person required to file statements and reports electronically with the commission shall remain confidential until the information is submitted to the commission. (e) The commission shall strive to establish electronic filing for all documents required to be filed with the commission; provided, however, that no candidate or appointee to a local public office, as defined in § 2-10-102 , shall be required to electronically file documents with the commission. (1) Except as provided in this subsection (e), the commission, unless otherwise required by law to provide for electronic filing, shall have the discretion to determine when electronic filing is financially feasible and will be an accessible and efficient method of filing. (2) The commission shall establish rules specifying the manner in which a report, statement or other documents shall be filed. The rules shall be published and posted conspicuously on the commission's website at least sixty (60) days prior to the due date of any document affected by the rules. Amended by 2020 Tenn. Acts, ch. 690, s 2, eff. 6/11/2020. Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2008 , ch. 735, § 1; 2009 , ch. 556, § 16.
(a) Notwithstanding any other law to the contrary, the Tennessee ethics commission shall: (1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all persons that are required to electronically register or file statements and reports with the commission pursuant to this chapter, §§ 2-10-115 and 2-10-122 - 2-10-130, and title 8, chapter 50, part 5; (2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each person required to register or file statements and reports with the commission secure access to the electronic registration and filing system. The system shall provide adequate safeguards to prevent unauthorized persons from inappropriately tampering with or changing the data and shall provide for secure authentication safeguards for documents such as electronic signatures and electronic notarization; (3) Provide training to each person required to register or file statements and reports with the commission on the use of the electronic filing system; (4) Make, with the advice, assistance and approval of the division of strategic technology solutions, electronically filed reports and statements available for viewing on the commission's website in a format that is searchable and that may be downloaded and managed by a user with appropriate software; provided, that this subdivision (a)(4) does not apply to those documents required to be confidential pursuant to § 3-6-202 . In addition to any other method of information management developed by the commission, conflict of interest disclosures shall be indexed and searchable by county; and (5) Beginning on October 1, 2006, with the advice, assistance and approval of the division of strategic technology solutions, provide the public access to lists compiled from the registrations and other documents filed by employers of lobbyists, lobbyists, and persons required to file conflict of interest disclosures. In addition, the commission shall provide assistance to anyone seeking to access this information on the Internet.
(1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all persons that are required to electronically register or file statements and reports with the commission pursuant to this chapter, §§ 2-10-115 and 2-10-122 - 2-10-130, and title 8, chapter 50, part 5;
(2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each person required to register or file statements and reports with the commission secure access to the electronic registration and filing system. The system shall provide adequate safeguards to prevent unauthorized persons from inappropriately tampering with or changing the data and shall provide for secure authentication safeguards for documents such as electronic signatures and electronic notarization;
(3) Provide training to each person required to register or file statements and reports with the commission on the use of the electronic filing system;
(4) Make, with the advice, assistance and approval of the division of strategic technology solutions, electronically filed reports and statements available for viewing on the commission's website in a format that is searchable and that may be downloaded and managed by a user with appropriate software; provided, that this subdivision (a)(4) does not apply to those documents required to be confidential pursuant to § 3-6-202 . In addition to any other method of information management developed by the commission, conflict of interest disclosures shall be indexed and searchable by county; and
(5) Beginning on October 1, 2006, with the advice, assistance and approval of the division of strategic technology solutions, provide the public access to lists compiled from the registrations and other documents filed by employers of lobbyists, lobbyists, and persons required to file conflict of interest disclosures. In addition, the commission shall provide assistance to anyone seeking to access this information on the Internet.
(b) The commission, once the development of the electronic filing system is completed and tested, shall provide public notice that the system is operational and available for filers to commence use.
(c) The commission shall, with the advice, assistance and approval of the division of strategic technology solutions, implement the electronic filing system for use by October 1, 2006. Any person required to electronically file statements and reports with the commission shall file required statements and reports electronically on or after October 1, 2006. Any required statements and reports filed with the registry of election finance prior to October 1, 2006, shall continue to be filed with the registry until such date.
(d) All information entered by any person required to file statements and reports electronically with the commission shall remain confidential until the information is submitted to the commission.
(e) The commission shall strive to establish electronic filing for all documents required to be filed with the commission; provided, however, that no candidate or appointee to a local public office, as defined in § 2-10-102 , shall be required to electronically file documents with the commission. (1) Except as provided in this subsection (e), the commission, unless otherwise required by law to provide for electronic filing, shall have the discretion to determine when electronic filing is financially feasible and will be an accessible and efficient method of filing. (2) The commission shall establish rules specifying the manner in which a report, statement or other documents shall be filed. The rules shall be published and posted conspicuously on the commission's website at least sixty (60) days prior to the due date of any document affected by the rules.
(1) Except as provided in this subsection (e), the commission, unless otherwise required by law to provide for electronic filing, shall have the discretion to determine when electronic filing is financially feasible and will be an accessible and efficient method of filing.
(2) The commission shall establish rules specifying the manner in which a report, statement or other documents shall be filed. The rules shall be published and posted conspicuously on the commission's website at least sixty (60) days prior to the due date of any document affected by the rules.
Amended by 2020 Tenn. Acts, ch. 690, s 2, eff. 6/11/2020.
Acts 2006 (1st Ex. Sess.), ch. 1, § 26; 2008 , ch. 735, § 1; 2009 , ch. 556, § 16.
Tenn. Code Ann. § 3-1-110 — TN Code / Title 3 / Chapter 1 / Section 3-1-110
Business or occupation participation not part-time or temporary
Status: in_force

Notwithstanding any law or rule to the contrary, a member of the general assembly shall not be considered as participating in a business or occupation on a part-time or temporary basis because of such member's attendance at sessions or committee meetings of the general assembly. Acts 1988, ch. 1031, § 1.
Notwithstanding any law or rule to the contrary, a member of the general assembly shall not be considered as participating in a business or occupation on a part-time or temporary basis because of such member's attendance at sessions or committee meetings of the general assembly.
Acts 1988, ch. 1031, § 1.
Tenn. Code Ann. § 3-1-106 — TN Code / Title 3 / Chapter 1 / Section 3-1-106
Expense and mileage allowances
Status: in_force

(a) Except as otherwise provided in this section, each member of the general assembly shall be paid for the member's expenses in attending legislative sessions and legislative committee meetings, and such conferences, symposiums, workshops, assemblages, gatherings and other official meetings and endeavors concerning state business and the duties of a legislator, held within or without the state of Tennessee, as are attended by members of the general assembly with the approval or at the direction of the speaker of either house or both houses. Expense and mileage allowances shall be paid for attending sessions and such other meetings as provided in this section. For attendance at such conferences, symposiums, workshops and meetings which are held outside this state, each member shall additionally receive the expense allowance provided in subsection (b) for one (1) day preceding and one (1) day following such activities if such days are required for travel purposes. (b) (1) For each legislative day, which is defined as each day the general assembly, or either house thereof, officially convenes for the transaction of business, or for each day in attendance at any such other meeting as described in subsection (a), each member must be paid an expense allowance: (A) For meals and incidentals in an amount equal to the allowance granted federal employees for such expenses in the Nashville area; and (B) For lodging in an amount equal to the higher of: (i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (ii) The allowance granted federal employees for lodging expenses in the Nashville area. (2) In addition to the other provisions of this section, a member of the general assembly who is attending a conference, symposium, workshop or other official meeting outside this state with the approval or at the direction of the speaker of either house, or both houses, shall be reimbursed for the actual receipted costs of a standard grade hotel room and intra-city transportation. Costs of meals shall be reimbursed out of the expense allowance otherwise provided by this section. (3) A member whose principal residence is fifty (50) miles from the capitol or less shall only be paid an expense allowance for meals and incidentals equal to the allowance granted federal employees for such expenses in the Nashville area for each legislative day in Nashville or any day the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville; provided, however, that, if such member is unable to return home at the conclusion of any such day, with the express approval of the speaker of such member's house, the member must be reimbursed an expense allowance for lodging in an amount equal to the higher of: (A) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (B) The allowance granted federal employees for lodging expenses in the Nashville area. (c) (1) Each member shall be paid a mileage allowance per mile, equal to the mileage allowance authorized for state employees who have been authorized to use personally owned vehicles in the daily performance of their duties, for each mile traveled from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session, and one (1) round trip from the member's home to the site of any such other meeting as described in subsection (a); provided, that a member whose principal residence is fifty (50) miles from the capitol or less shall be paid a mileage allowance per mile traveled for each legislative day in Nashville or any Monday, Tuesday, Wednesday, Thursday, or Friday that the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville, limited to one (1) round trip per day. The preceding allowance shall be paid only in the case of attendance at such meetings described in subsection (a) as are held within the state of Tennessee. In the case of travel to out-of-state meetings, each member traveling by commercial conveyance shall be reimbursed for the member's actual travel expenses which can include, but are not limited to, mileage to and from the member's home to the airport, parking fees at the airport, limousine or taxi fares to and from the member's hotel or motel, or public conveyance charges to and from a hotel or motel to a meeting place. Appropriate receipts shall be provided with the travel expenses claim. Each member traveling by the member's personally provided vehicle shall be reimbursed at the mileage rate fixed herein, as adjusted in accordance with § 8-23-101 . The reimbursement rate provided for by the first sentence of this subsection (c) shall be adjusted after the election of each general assembly at which time the rate shall be revised to reflect the reimbursement rate allowed state employees on the day previous to the regular November election, and the rate as adjusted shall continue in effect during the term of that general assembly. The first such adjustment shall take effect November 6, 1984. (2) A member shall be paid a mileage allowance per mile pursuant to subdivision (c)(1) when using a personally owned vehicle, regardless of the type of vehicle used. However, if a member uses a personally owned vehicle other than an automobile as the member's mode of transportation, the total amount reimbursed for travel shall not exceed the amount the member would have received if the member had traveled by automobile. (d) (1) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from Nashville may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session or may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip for attendance, approved by the speaker, for each committee meeting. (2) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from the site of a committee meeting may be reimbursed the cost of a coach-class airline ticket from the member's home to the airport nearest the site of such meeting and back, limited to one (1) round trip for attendance, approved by the speaker, for each such meeting. (3) For the purposes of this subsection (d), coach class shall be construed as the lowest fare available. (4) Each member of the general assembly shall be paid the member's expenses for transportation from an airport to the site of destination pursuant to this subsection (d). (e) Senators, when sitting as a court of impeachment, shall be paid expense and mileage allowances at the same rate and under the same conditions. (f) (1) Except as provided in subdivision (f)(2), each member of the general assembly shall be paid a monthly expense allowance of one thousand two hundred fifty dollars ($1,250), to provide for expenses necessitated in connection with the member's official duties when away from the seat of government including, but not limited to, telecommunications, office, secretarial and other assistance or incidental expenses. (2) In lieu of being paid the monthly expense in the manner provided in subdivision (f)(1), a member who is receiving early retirement benefits from social security may decline, in whole or in part, any such authorized expense and may apply to the appropriate speaker for reimbursement of actual monthly documented expenses otherwise authorized in this subsection (f); provided, that in no event shall the reimbursement requested exceed the maximum amount of expenditure authorized under subdivision (f)(1). If such member elects to be reimbursed as provided in this subdivision (f)(2), the records of the department of finance and administration shall reflect that such payments are a reimbursement for expenses incurred. (3) On the date of the statewide general election in 2024 and on the date of the statewide general election every two (2) years thereafter, the expense allowance established in subdivision (f)(1) must be adjusted to reflect the percentage increase in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the two-year period immediately preceding. Each such adjustment under this subdivision (f)(3) must be rounded up to the nearest multiple of one hundred dollars ($100). (g) [Deleted by 2021 amendment, effective November 8, 2022.] (h) For the purpose of this section, "fifty (50) miles from the capitol" means the most commonly traveled route between the member's principal residence and the state capitol building. Amended by 2021 Tenn. Acts, ch. 570, Sec.s 1, eff. 5/26/2021 and Secs.s 3, s 4, s 5, s 6, s 7 eff. 11/8/2022. Amended by 2021 Tenn. Acts, ch. 570, s 2, eff. 11/8/2022. Amended by 2013 Tenn. Acts, ch. 241, s 1, eff. 11/4/2014. Acts 1967, ch. 6, § 1; 1971, ch. 105, § 1; 1972, ch. 526, § 1; 1974, ch. 613, § 1; 1975, ch. 24, § 1; T.C.A., § 3-114; Acts 1981, ch. 494, §§ 1-3; 1983, ch. 265, § 1; 1984, ch. 600, § 1; 1984, ch. 709, §§ 1-3; 1988, ch. 975, §§ 1, 2; 1988, ch. 1027, § 1; 1990, ch. 867, §§ 1, 2; 1992, ch. 940, § 1; 2004, ch. 638, §§ 1, 2; 2004, ch. 955, § 2.
(a) Except as otherwise provided in this section, each member of the general assembly shall be paid for the member's expenses in attending legislative sessions and legislative committee meetings, and such conferences, symposiums, workshops, assemblages, gatherings and other official meetings and endeavors concerning state business and the duties of a legislator, held within or without the state of Tennessee, as are attended by members of the general assembly with the approval or at the direction of the speaker of either house or both houses. Expense and mileage allowances shall be paid for attending sessions and such other meetings as provided in this section. For attendance at such conferences, symposiums, workshops and meetings which are held outside this state, each member shall additionally receive the expense allowance provided in subsection (b) for one (1) day preceding and one (1) day following such activities if such days are required for travel purposes.
(b) (1) For each legislative day, which is defined as each day the general assembly, or either house thereof, officially convenes for the transaction of business, or for each day in attendance at any such other meeting as described in subsection (a), each member must be paid an expense allowance: (A) For meals and incidentals in an amount equal to the allowance granted federal employees for such expenses in the Nashville area; and (B) For lodging in an amount equal to the higher of: (i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (ii) The allowance granted federal employees for lodging expenses in the Nashville area. (2) In addition to the other provisions of this section, a member of the general assembly who is attending a conference, symposium, workshop or other official meeting outside this state with the approval or at the direction of the speaker of either house, or both houses, shall be reimbursed for the actual receipted costs of a standard grade hotel room and intra-city transportation. Costs of meals shall be reimbursed out of the expense allowance otherwise provided by this section. (3) A member whose principal residence is fifty (50) miles from the capitol or less shall only be paid an expense allowance for meals and incidentals equal to the allowance granted federal employees for such expenses in the Nashville area for each legislative day in Nashville or any day the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville; provided, however, that, if such member is unable to return home at the conclusion of any such day, with the express approval of the speaker of such member's house, the member must be reimbursed an expense allowance for lodging in an amount equal to the higher of: (A) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (B) The allowance granted federal employees for lodging expenses in the Nashville area.
(1) For each legislative day, which is defined as each day the general assembly, or either house thereof, officially convenes for the transaction of business, or for each day in attendance at any such other meeting as described in subsection (a), each member must be paid an expense allowance: (A) For meals and incidentals in an amount equal to the allowance granted federal employees for such expenses in the Nashville area; and (B) For lodging in an amount equal to the higher of: (i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (ii) The allowance granted federal employees for lodging expenses in the Nashville area.
(A) For meals and incidentals in an amount equal to the allowance granted federal employees for such expenses in the Nashville area; and
(B) For lodging in an amount equal to the higher of: (i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (ii) The allowance granted federal employees for lodging expenses in the Nashville area.
(i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or
(ii) The allowance granted federal employees for lodging expenses in the Nashville area.
(2) In addition to the other provisions of this section, a member of the general assembly who is attending a conference, symposium, workshop or other official meeting outside this state with the approval or at the direction of the speaker of either house, or both houses, shall be reimbursed for the actual receipted costs of a standard grade hotel room and intra-city transportation. Costs of meals shall be reimbursed out of the expense allowance otherwise provided by this section.
(3) A member whose principal residence is fifty (50) miles from the capitol or less shall only be paid an expense allowance for meals and incidentals equal to the allowance granted federal employees for such expenses in the Nashville area for each legislative day in Nashville or any day the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville; provided, however, that, if such member is unable to return home at the conclusion of any such day, with the express approval of the speaker of such member's house, the member must be reimbursed an expense allowance for lodging in an amount equal to the higher of: (A) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (B) The allowance granted federal employees for lodging expenses in the Nashville area.
(A) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or
(B) The allowance granted federal employees for lodging expenses in the Nashville area.
(c) (1) Each member shall be paid a mileage allowance per mile, equal to the mileage allowance authorized for state employees who have been authorized to use personally owned vehicles in the daily performance of their duties, for each mile traveled from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session, and one (1) round trip from the member's home to the site of any such other meeting as described in subsection (a); provided, that a member whose principal residence is fifty (50) miles from the capitol or less shall be paid a mileage allowance per mile traveled for each legislative day in Nashville or any Monday, Tuesday, Wednesday, Thursday, or Friday that the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville, limited to one (1) round trip per day. The preceding allowance shall be paid only in the case of attendance at such meetings described in subsection (a) as are held within the state of Tennessee. In the case of travel to out-of-state meetings, each member traveling by commercial conveyance shall be reimbursed for the member's actual travel expenses which can include, but are not limited to, mileage to and from the member's home to the airport, parking fees at the airport, limousine or taxi fares to and from the member's hotel or motel, or public conveyance charges to and from a hotel or motel to a meeting place. Appropriate receipts shall be provided with the travel expenses claim. Each member traveling by the member's personally provided vehicle shall be reimbursed at the mileage rate fixed herein, as adjusted in accordance with § 8-23-101 . The reimbursement rate provided for by the first sentence of this subsection (c) shall be adjusted after the election of each general assembly at which time the rate shall be revised to reflect the reimbursement rate allowed state employees on the day previous to the regular November election, and the rate as adjusted shall continue in effect during the term of that general assembly. The first such adjustment shall take effect November 6, 1984. (2) A member shall be paid a mileage allowance per mile pursuant to subdivision (c)(1) when using a personally owned vehicle, regardless of the type of vehicle used. However, if a member uses a personally owned vehicle other than an automobile as the member's mode of transportation, the total amount reimbursed for travel shall not exceed the amount the member would have received if the member had traveled by automobile.
(1) Each member shall be paid a mileage allowance per mile, equal to the mileage allowance authorized for state employees who have been authorized to use personally owned vehicles in the daily performance of their duties, for each mile traveled from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session, and one (1) round trip from the member's home to the site of any such other meeting as described in subsection (a); provided, that a member whose principal residence is fifty (50) miles from the capitol or less shall be paid a mileage allowance per mile traveled for each legislative day in Nashville or any Monday, Tuesday, Wednesday, Thursday, or Friday that the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville, limited to one (1) round trip per day. The preceding allowance shall be paid only in the case of attendance at such meetings described in subsection (a) as are held within the state of Tennessee. In the case of travel to out-of-state meetings, each member traveling by commercial conveyance shall be reimbursed for the member's actual travel expenses which can include, but are not limited to, mileage to and from the member's home to the airport, parking fees at the airport, limousine or taxi fares to and from the member's hotel or motel, or public conveyance charges to and from a hotel or motel to a meeting place. Appropriate receipts shall be provided with the travel expenses claim. Each member traveling by the member's personally provided vehicle shall be reimbursed at the mileage rate fixed herein, as adjusted in accordance with § 8-23-101 . The reimbursement rate provided for by the first sentence of this subsection (c) shall be adjusted after the election of each general assembly at which time the rate shall be revised to reflect the reimbursement rate allowed state employees on the day previous to the regular November election, and the rate as adjusted shall continue in effect during the term of that general assembly. The first such adjustment shall take effect November 6, 1984.
(2) A member shall be paid a mileage allowance per mile pursuant to subdivision (c)(1) when using a personally owned vehicle, regardless of the type of vehicle used. However, if a member uses a personally owned vehicle other than an automobile as the member's mode of transportation, the total amount reimbursed for travel shall not exceed the amount the member would have received if the member had traveled by automobile.
(d) (1) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from Nashville may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session or may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip for attendance, approved by the speaker, for each committee meeting. (2) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from the site of a committee meeting may be reimbursed the cost of a coach-class airline ticket from the member's home to the airport nearest the site of such meeting and back, limited to one (1) round trip for attendance, approved by the speaker, for each such meeting. (3) For the purposes of this subsection (d), coach class shall be construed as the lowest fare available. (4) Each member of the general assembly shall be paid the member's expenses for transportation from an airport to the site of destination pursuant to this subsection (d).
(1) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from Nashville may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session or may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip for attendance, approved by the speaker, for each committee meeting.
(2) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from the site of a committee meeting may be reimbursed the cost of a coach-class airline ticket from the member's home to the airport nearest the site of such meeting and back, limited to one (1) round trip for attendance, approved by the speaker, for each such meeting.
(3) For the purposes of this subsection (d), coach class shall be construed as the lowest fare available.
(4) Each member of the general assembly shall be paid the member's expenses for transportation from an airport to the site of destination pursuant to this subsection (d).
(e) Senators, when sitting as a court of impeachment, shall be paid expense and mileage allowances at the same rate and under the same conditions.
(f) (1) Except as provided in subdivision (f)(2), each member of the general assembly shall be paid a monthly expense allowance of one thousand two hundred fifty dollars ($1,250), to provide for expenses necessitated in connection with the member's official duties when away from the seat of government including, but not limited to, telecommunications, office, secretarial and other assistance or incidental expenses. (2) In lieu of being paid the monthly expense in the manner provided in subdivision (f)(1), a member who is receiving early retirement benefits from social security may decline, in whole or in part, any such authorized expense and may apply to the appropriate speaker for reimbursement of actual monthly documented expenses otherwise authorized in this subsection (f); provided, that in no event shall the reimbursement requested exceed the maximum amount of expenditure authorized under subdivision (f)(1). If such member elects to be reimbursed as provided in this subdivision (f)(2), the records of the department of finance and administration shall reflect that such payments are a reimbursement for expenses incurred. (3) On the date of the statewide general election in 2024 and on the date of the statewide general election every two (2) years thereafter, the expense allowance established in subdivision (f)(1) must be adjusted to reflect the percentage increase in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the two-year period immediately preceding. Each such adjustment under this subdivision (f)(3) must be rounded up to the nearest multiple of one hundred dollars ($100).
(1) Except as provided in subdivision (f)(2), each member of the general assembly shall be paid a monthly expense allowance of one thousand two hundred fifty dollars ($1,250), to provide for expenses necessitated in connection with the member's official duties when away from the seat of government including, but not limited to, telecommunications, office, secretarial and other assistance or incidental expenses.
(2) In lieu of being paid the monthly expense in the manner provided in subdivision (f)(1), a member who is receiving early retirement benefits from social security may decline, in whole or in part, any such authorized expense and may apply to the appropriate speaker for reimbursement of actual monthly documented expenses otherwise authorized in this subsection (f); provided, that in no event shall the reimbursement requested exceed the maximum amount of expenditure authorized under subdivision (f)(1). If such member elects to be reimbursed as provided in this subdivision (f)(2), the records of the department of finance and administration shall reflect that such payments are a reimbursement for expenses incurred.
(3) On the date of the statewide general election in 2024 and on the date of the statewide general election every two (2) years thereafter, the expense allowance established in subdivision (f)(1) must be adjusted to reflect the percentage increase in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the two-year period immediately preceding. Each such adjustment under this subdivision (f)(3) must be rounded up to the nearest multiple of one hundred dollars ($100).
(g) [Deleted by 2021 amendment, effective November 8, 2022.]
(h) For the purpose of this section, "fifty (50) miles from the capitol" means the most commonly traveled route between the member's principal residence and the state capitol building.
Amended by 2021 Tenn. Acts, ch. 570, Sec.s 1, eff. 5/26/2021 and Secs.s 3, s 4, s 5, s 6, s 7 eff. 11/8/2022.
Amended by 2021 Tenn. Acts, ch. 570, s 2, eff. 11/8/2022.
Amended by 2013 Tenn. Acts, ch. 241, s 1, eff. 11/4/2014.
Acts 1967, ch. 6, § 1; 1971, ch. 105, § 1; 1972, ch. 526, § 1; 1974, ch. 613, § 1; 1975, ch. 24, § 1; T.C.A., § 3-114; Acts 1981, ch. 494, §§ 1-3; 1983, ch. 265, § 1; 1984, ch. 600, § 1; 1984, ch. 709, §§ 1-3; 1988, ch. 975, §§ 1, 2; 1988, ch. 1027, § 1; 1990, ch. 867, §§ 1, 2; 1992, ch. 940, § 1; 2004, ch. 638, §§ 1, 2; 2004, ch. 955, § 2.
Tenn. Code Ann. § 3-17-104 — TN Code / Title 3 / Chapter 17 / Section 3-17-104
Annual event application - Requirements
Status: in_force

(a) Except as otherwise provided in § 3-17-103(a)(1) , all annual event applications shall be submitted to the secretary from July 1 to January 31 for the annual event period beginning July 1 following the close of the application period and ending June 30 of the subsequent calendar year. (b) The secretary of state may prescribe and furnish forms and filing methods for all filings required by this part. (c) (1) An initial application fee of fifty dollars ($50.00) must be paid at the time of submission of an annual event application. An annual event application must not be accepted by the secretary unless accompanied by the initial application fee. (2) The secretary shall collect a reasonable fee for annual event applications. The secretary may establish a fee schedule for annual event applications based on the gross revenue of the annual event. No fee shall exceed seven hundred dollars ($700). Funds collected under this chapter shall be used by the secretary to defray the cost of operating the division of the department of state administering this chapter, including, but not limited to, conducting investigations pursuant to § 3-17-113 . (3) Annual event application fees are nonrefundable. (4) Notwithstanding subdivision (c)(1), for the period of July 1, 2024, through January 31, 2025, the initial application fee referenced in subdivision (c)(1) is ten dollars ($10.00) rather than fifty dollars ($50.00). (5) Notwithstanding subdivision (c)(2), for the period of July 1, 2024, through June 30, 2025, the fee referenced in subdivision (c)(2) is ten dollars ($10.00) rather than the fees established in subdivision (c)(2) and by rule promulgated by the secretary of state. (d) All annual event applications must be signed by the nonprofit organization's chair, president, or chief administrative officer, and the preparer of the application. Such persons shall certify that the information contained in the annual event application is true and accurate. (e) A nonprofit organization filing an annual event application shall submit, on a form prescribed by the secretary, the following information: (1) The name, mailing address and physical address of the nonprofit organization. If the organization has multiple chapters or affiliates in Tennessee operating under the same tax exemption, the organization shall submit the physical addresses and mailing addresses of such multiple locations; provided that, for the purposes of this chapter, a post office box, or similar address at a mail or package delivery service, shall not be considered a physical address. If the principal office of the nonprofit organization is outside Tennessee, the organization shall submit the physical address and mailing address of such principal location; (2) The name of the event; (3) The date of the event; (4) The location of the event; (5) A description of the type of lottery game to be conducted. Such description shall include the estimated number of tickets, shares, chances or other similar records to be offered and the actual dollar amount at which a ticket, share, chance or other similar record shall be sold; provided that, if tickets, shares, chances or other similar records are to be sold at different value levels or tiers, then the actual dollar amounts and structure of such value levels or tiers; (6) A description of the charitable use of the proceeds from the event; (7) The name and telephone number of a contact person for the event; (8) A copy of the organization's determination letter from the internal revenue service showing that the organization is exempt from federal income taxation under § 501(a) of the Internal Revenue Code as an organization described in § 501(c)(3) or § 501(c)(19) of the Internal Revenue Code; (9) (A) A copy of the nonprofit organization's last annual report, Form 990, filed with the internal revenue service and any attached schedules for the organization's tax year ending immediately preceding the annual event application; (B) If the organization has not filed an annual report with the internal revenue service for the organization's tax year ending immediately preceding the annual event application, the organization shall submit a signed statement on a form prescribed by the secretary of state from the nonprofit organization's chair, president or administrative officer affirming that the organization has not filed an annual report and shall begin to file annual reports as required by this chapter; provided, that the organization may submit this statement only one (1) time; (C) An organization shall not be required to comply with this subdivision (e)(9) if it is not required to file a Form 990 with the internal revenue service; provided, that the organization submits proof of such determination by the internal revenue service; (10) The names and addresses of any officers, directors, trustees, and the principal salaried executive staff officer of the nonprofit organization; (11) A statement that the organization has been in continuous and active existence as a nonprofit organization located in Tennessee as defined by § 3-17-102 ; (12) A statement that no officer, director, trustee, or the principal salaried executive staff officer of the nonprofit organization has been convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-105 , § 39-16-702 , § 39-16-703 , title 39, chapter 17, parts 5 or 6, or a similar offense in another jurisdiction; and (13) A statement that the board, or functional equivalent, of the nonprofit organization has approved the filing of an annual event application and intends to operate an annual event if authorized by the general assembly. Amended by 2024 Tenn. Acts, ch. 615,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 615,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 231, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 231, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 867, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 867, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 773, Secs.s 1, s 2, s 3, s 4, s 5eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 295, Secs.s 2, s 3eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 295, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 517, s 2, eff. 2/27/2020. Amended by 2018 Tenn. Acts, ch. 584, s 4, eff. 3/20/2018. Amended by 2015 Tenn. Acts, ch. 134, Secs.s 7, s 8, s 9, s 10, s 11, s 12, s 13, s 14, s 15eff. 4/14/2015. Amended by 2015 Tenn. Acts, ch. 133, s 4, eff. 4/14/2015. Amended by 2014 Tenn. Acts, ch. 699, Secs.s 12, s 13eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 699, s 11, eff. 7/1/2014. Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 4 - 7; 2004, ch. 890, §2; 2005, ch. 207, §§ 9 - 14; 2006, ch. 508, §§4 - 6; 2007 , ch. 18, §§9, 10, 15; 2009 , ch. 177, §6; 2012 , ch. 747, § 3.
(a) Except as otherwise provided in § 3-17-103(a)(1) , all annual event applications shall be submitted to the secretary from July 1 to January 31 for the annual event period beginning July 1 following the close of the application period and ending June 30 of the subsequent calendar year.
(b) The secretary of state may prescribe and furnish forms and filing methods for all filings required by this part.
(c) (1) An initial application fee of fifty dollars ($50.00) must be paid at the time of submission of an annual event application. An annual event application must not be accepted by the secretary unless accompanied by the initial application fee. (2) The secretary shall collect a reasonable fee for annual event applications. The secretary may establish a fee schedule for annual event applications based on the gross revenue of the annual event. No fee shall exceed seven hundred dollars ($700). Funds collected under this chapter shall be used by the secretary to defray the cost of operating the division of the department of state administering this chapter, including, but not limited to, conducting investigations pursuant to § 3-17-113 . (3) Annual event application fees are nonrefundable. (4) Notwithstanding subdivision (c)(1), for the period of July 1, 2024, through January 31, 2025, the initial application fee referenced in subdivision (c)(1) is ten dollars ($10.00) rather than fifty dollars ($50.00). (5) Notwithstanding subdivision (c)(2), for the period of July 1, 2024, through June 30, 2025, the fee referenced in subdivision (c)(2) is ten dollars ($10.00) rather than the fees established in subdivision (c)(2) and by rule promulgated by the secretary of state.
(1) An initial application fee of fifty dollars ($50.00) must be paid at the time of submission of an annual event application. An annual event application must not be accepted by the secretary unless accompanied by the initial application fee.
(2) The secretary shall collect a reasonable fee for annual event applications. The secretary may establish a fee schedule for annual event applications based on the gross revenue of the annual event. No fee shall exceed seven hundred dollars ($700). Funds collected under this chapter shall be used by the secretary to defray the cost of operating the division of the department of state administering this chapter, including, but not limited to, conducting investigations pursuant to § 3-17-113 .
(3) Annual event application fees are nonrefundable.
(4) Notwithstanding subdivision (c)(1), for the period of July 1, 2024, through January 31, 2025, the initial application fee referenced in subdivision (c)(1) is ten dollars ($10.00) rather than fifty dollars ($50.00).
(5) Notwithstanding subdivision (c)(2), for the period of July 1, 2024, through June 30, 2025, the fee referenced in subdivision (c)(2) is ten dollars ($10.00) rather than the fees established in subdivision (c)(2) and by rule promulgated by the secretary of state.
(d) All annual event applications must be signed by the nonprofit organization's chair, president, or chief administrative officer, and the preparer of the application. Such persons shall certify that the information contained in the annual event application is true and accurate.
(e) A nonprofit organization filing an annual event application shall submit, on a form prescribed by the secretary, the following information: (1) The name, mailing address and physical address of the nonprofit organization. If the organization has multiple chapters or affiliates in Tennessee operating under the same tax exemption, the organization shall submit the physical addresses and mailing addresses of such multiple locations; provided that, for the purposes of this chapter, a post office box, or similar address at a mail or package delivery service, shall not be considered a physical address. If the principal office of the nonprofit organization is outside Tennessee, the organization shall submit the physical address and mailing address of such principal location; (2) The name of the event; (3) The date of the event; (4) The location of the event; (5) A description of the type of lottery game to be conducted. Such description shall include the estimated number of tickets, shares, chances or other similar records to be offered and the actual dollar amount at which a ticket, share, chance or other similar record shall be sold; provided that, if tickets, shares, chances or other similar records are to be sold at different value levels or tiers, then the actual dollar amounts and structure of such value levels or tiers; (6) A description of the charitable use of the proceeds from the event; (7) The name and telephone number of a contact person for the event; (8) A copy of the organization's determination letter from the internal revenue service showing that the organization is exempt from federal income taxation under § 501(a) of the Internal Revenue Code as an organization described in § 501(c)(3) or § 501(c)(19) of the Internal Revenue Code; (9) (A) A copy of the nonprofit organization's last annual report, Form 990, filed with the internal revenue service and any attached schedules for the organization's tax year ending immediately preceding the annual event application; (B) If the organization has not filed an annual report with the internal revenue service for the organization's tax year ending immediately preceding the annual event application, the organization shall submit a signed statement on a form prescribed by the secretary of state from the nonprofit organization's chair, president or administrative officer affirming that the organization has not filed an annual report and shall begin to file annual reports as required by this chapter; provided, that the organization may submit this statement only one (1) time; (C) An organization shall not be required to comply with this subdivision (e)(9) if it is not required to file a Form 990 with the internal revenue service; provided, that the organization submits proof of such determination by the internal revenue service; (10) The names and addresses of any officers, directors, trustees, and the principal salaried executive staff officer of the nonprofit organization; (11) A statement that the organization has been in continuous and active existence as a nonprofit organization located in Tennessee as defined by § 3-17-102 ; (12) A statement that no officer, director, trustee, or the principal salaried executive staff officer of the nonprofit organization has been convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-105 , § 39-16-702 , § 39-16-703 , title 39, chapter 17, parts 5 or 6, or a similar offense in another jurisdiction; and (13) A statement that the board, or functional equivalent, of the nonprofit organization has approved the filing of an annual event application and intends to operate an annual event if authorized by the general assembly.
(1) The name, mailing address and physical address of the nonprofit organization. If the organization has multiple chapters or affiliates in Tennessee operating under the same tax exemption, the organization shall submit the physical addresses and mailing addresses of such multiple locations; provided that, for the purposes of this chapter, a post office box, or similar address at a mail or package delivery service, shall not be considered a physical address. If the principal office of the nonprofit organization is outside Tennessee, the organization shall submit the physical address and mailing address of such principal location;
(2) The name of the event;
(3) The date of the event;
(4) The location of the event;
(5) A description of the type of lottery game to be conducted. Such description shall include the estimated number of tickets, shares, chances or other similar records to be offered and the actual dollar amount at which a ticket, share, chance or other similar record shall be sold; provided that, if tickets, shares, chances or other similar records are to be sold at different value levels or tiers, then the actual dollar amounts and structure of such value levels or tiers;
(6) A description of the charitable use of the proceeds from the event;
(7) The name and telephone number of a contact person for the event;
(8) A copy of the organization's determination letter from the internal revenue service showing that the organization is exempt from federal income taxation under § 501(a) of the Internal Revenue Code as an organization described in § 501(c)(3) or § 501(c)(19) of the Internal Revenue Code;
(9) (A) A copy of the nonprofit organization's last annual report, Form 990, filed with the internal revenue service and any attached schedules for the organization's tax year ending immediately preceding the annual event application; (B) If the organization has not filed an annual report with the internal revenue service for the organization's tax year ending immediately preceding the annual event application, the organization shall submit a signed statement on a form prescribed by the secretary of state from the nonprofit organization's chair, president or administrative officer affirming that the organization has not filed an annual report and shall begin to file annual reports as required by this chapter; provided, that the organization may submit this statement only one (1) time; (C) An organization shall not be required to comply with this subdivision (e)(9) if it is not required to file a Form 990 with the internal revenue service; provided, that the organization submits proof of such determination by the internal revenue service;
(A) A copy of the nonprofit organization's last annual report, Form 990, filed with the internal revenue service and any attached schedules for the organization's tax year ending immediately preceding the annual event application;
(B) If the organization has not filed an annual report with the internal revenue service for the organization's tax year ending immediately preceding the annual event application, the organization shall submit a signed statement on a form prescribed by the secretary of state from the nonprofit organization's chair, president or administrative officer affirming that the organization has not filed an annual report and shall begin to file annual reports as required by this chapter; provided, that the organization may submit this statement only one (1) time;
(C) An organization shall not be required to comply with this subdivision (e)(9) if it is not required to file a Form 990 with the internal revenue service; provided, that the organization submits proof of such determination by the internal revenue service;
(10) The names and addresses of any officers, directors, trustees, and the principal salaried executive staff officer of the nonprofit organization;
(11) A statement that the organization has been in continuous and active existence as a nonprofit organization located in Tennessee as defined by § 3-17-102 ;
(12) A statement that no officer, director, trustee, or the principal salaried executive staff officer of the nonprofit organization has been convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-105 , § 39-16-702 , § 39-16-703 , title 39, chapter 17, parts 5 or 6, or a similar offense in another jurisdiction; and
(13) A statement that the board, or functional equivalent, of the nonprofit organization has approved the filing of an annual event application and intends to operate an annual event if authorized by the general assembly.
Amended by 2024 Tenn. Acts, ch. 615,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 615,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 231, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 231, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 867, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 867, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 773, Secs.s 1, s 2, s 3, s 4, s 5eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 295, Secs.s 2, s 3eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 295, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 517, s 2, eff. 2/27/2020.
Amended by 2018 Tenn. Acts, ch. 584, s 4, eff. 3/20/2018.
Amended by 2015 Tenn. Acts, ch. 134, Secs.s 7, s 8, s 9, s 10, s 11, s 12, s 13, s 14, s 15eff. 4/14/2015.
Amended by 2015 Tenn. Acts, ch. 133, s 4, eff. 4/14/2015.
Amended by 2014 Tenn. Acts, ch. 699, Secs.s 12, s 13eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 699, s 11, eff. 7/1/2014.
Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 4 - 7; 2004, ch. 890, §2; 2005, ch. 207, §§ 9 - 14; 2006, ch. 508, §§4 - 6; 2007 , ch. 18, §§9, 10, 15; 2009 , ch. 177, §6; 2012 , ch. 747, § 3.
Tenn. Code Ann. § 3-9-104 — TN Code / Title 3 / Chapter 9 / Section 3-9-104
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 303, s 3, eff. 7/1/2021. Acts 1989, ch. 179, § 8.
Repealed by 2021 Tenn. Acts, ch. 303, s 3, eff. 7/1/2021.
Acts 1989, ch. 179, § 8.
Tenn. Code Ann. § 3-2-105 — TN Code / Title 3 / Chapter 2 / Section 3-2-105
Filing with secretary of state
Status: in_force

When any bill, joint resolution, or order has been returned duly signed by the governor, or has passed over the governor's veto, or shall otherwise become a law, the committee on enrolled bills of that house wherein such bill, joint resolution, or order originated, shall forthwith file the same in the office of the secretary of state, and shall report the fact and date of such filing, which report shall be entered upon the journal. Acts 1871, ch. 139, § 4; Shan., § 230; Code 1932, § 171; T.C.A. (orig. ed.), § 3-205.
When any bill, joint resolution, or order has been returned duly signed by the governor, or has passed over the governor's veto, or shall otherwise become a law, the committee on enrolled bills of that house wherein such bill, joint resolution, or order originated, shall forthwith file the same in the office of the secretary of state, and shall report the fact and date of such filing, which report shall be entered upon the journal.
Acts 1871, ch. 139, § 4; Shan., § 230; Code 1932, § 171; T.C.A. (orig. ed.), § 3-205.
Tenn. Code Ann. § 3-6-209 — TN Code / Title 3 / Chapter 6 / Section 3-6-209
Complaints against commission - Special joint committee - Probable cause - Recommendation on penalty - Sanctions for unsubstantiated complaints - Immunity
Status: in_force

(a) An individual who is within the jurisdiction of the commission may file a sworn complaint against any member or employee of the commission alleging a violation of this chapter, including allegations of arbitrary and capricious actions of the commission against the individual. The complaint shall state with specificity such allegation. Such complaint shall be filed with the speaker of the senate and the speaker of the house of representatives. Each speaker shall, after determining that there are sufficient grounds for review, appoint four (4) members of their respective bodies to a special joint committee, which shall investigate the complaint. Two (2) members of the majority party and two (2) members of the minority party shall be appointed to the committee by each speaker. The special joint committee shall appoint a chair and other officers deemed necessary. An affirmative vote of five (5) members of the committee shall be required for any committee action. (b) If the special joint committee finds insufficient evidence to establish probable cause to believe a violation has occurred, it shall dismiss the complaint. (c) If, upon completion of its preliminary investigation, the committee finds sufficient evidence to establish probable cause to believe a violation has occurred, the chair of the committee shall transmit the findings to the governor, who shall convene a meeting of the governor, the speaker of the senate and the speaker of the house of representatives to take such final action on the complaint as they shall deem appropriate consistent with penalties imposed pursuant to this chapter, including referring the matter to the office of the attorney general and reporter or removing the member of the commission from office and declaring the office vacant. (d) Upon request of a majority of the governor, the speaker of the senate and the speaker of the house of representatives, the special joint committee shall submit a recommendation as to what penalty, if any, should be imposed. (e) If a person: (1) Files a complaint against a member of the commission pursuant to this section that results in an investigation, knowing that the material statements in the complaint or the information provided was not true; (2) Files an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or (3) Files one (1) or more unsubstantiated complaints that constitute abuse of process, then the complainant is subject to the civil penalties authorized by § 3-6-205(a)(2) and may be liable for any reasonable costs and reasonable attorney fees the alleged violator has incurred. The sanctions authorized by this subsection (e) are not exclusive and do not preclude any other remedies or rights of action the member may have against the complainant or informant under the law; provided, that any person who in good faith files a verified complaint or any person, official, or agency who gives credible information that results in an investigation is immune from any civil liability that otherwise might result by reason of such actions. Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
(a) An individual who is within the jurisdiction of the commission may file a sworn complaint against any member or employee of the commission alleging a violation of this chapter, including allegations of arbitrary and capricious actions of the commission against the individual. The complaint shall state with specificity such allegation. Such complaint shall be filed with the speaker of the senate and the speaker of the house of representatives. Each speaker shall, after determining that there are sufficient grounds for review, appoint four (4) members of their respective bodies to a special joint committee, which shall investigate the complaint. Two (2) members of the majority party and two (2) members of the minority party shall be appointed to the committee by each speaker. The special joint committee shall appoint a chair and other officers deemed necessary. An affirmative vote of five (5) members of the committee shall be required for any committee action.
(b) If the special joint committee finds insufficient evidence to establish probable cause to believe a violation has occurred, it shall dismiss the complaint.
(c) If, upon completion of its preliminary investigation, the committee finds sufficient evidence to establish probable cause to believe a violation has occurred, the chair of the committee shall transmit the findings to the governor, who shall convene a meeting of the governor, the speaker of the senate and the speaker of the house of representatives to take such final action on the complaint as they shall deem appropriate consistent with penalties imposed pursuant to this chapter, including referring the matter to the office of the attorney general and reporter or removing the member of the commission from office and declaring the office vacant.
(d) Upon request of a majority of the governor, the speaker of the senate and the speaker of the house of representatives, the special joint committee shall submit a recommendation as to what penalty, if any, should be imposed.
(e) If a person: (1) Files a complaint against a member of the commission pursuant to this section that results in an investigation, knowing that the material statements in the complaint or the information provided was not true; (2) Files an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or (3) Files one (1) or more unsubstantiated complaints that constitute abuse of process, then the complainant is subject to the civil penalties authorized by § 3-6-205(a)(2) and may be liable for any reasonable costs and reasonable attorney fees the alleged violator has incurred. The sanctions authorized by this subsection (e) are not exclusive and do not preclude any other remedies or rights of action the member may have against the complainant or informant under the law; provided, that any person who in good faith files a verified complaint or any person, official, or agency who gives credible information that results in an investigation is immune from any civil liability that otherwise might result by reason of such actions.
(1) Files a complaint against a member of the commission pursuant to this section that results in an investigation, knowing that the material statements in the complaint or the information provided was not true;
(2) Files an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or
(3) Files one (1) or more unsubstantiated complaints that constitute abuse of process, then the complainant is subject to the civil penalties authorized by § 3-6-205(a)(2) and may be liable for any reasonable costs and reasonable attorney fees the alleged violator has incurred. The sanctions authorized by this subsection (e) are not exclusive and do not preclude any other remedies or rights of action the member may have against the complainant or informant under the law; provided, that any person who in good faith files a verified complaint or any person, official, or agency who gives credible information that results in an investigation is immune from any civil liability that otherwise might result by reason of such actions.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
Tenn. Code Ann. § 3-17-103 — TN Code / Title 3 / Chapter 17 / Section 3-17-103
Annual events - Application - Organizational requirements and restrictions - Proceeds - Omnibus list of qualifying applicants - Submission of financial accounting
Status: in_force

(a) (1) (A) (i) A nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state shall submit an annual event application to the secretary by January 31 each year for the annual event period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year. (ii) In addition to the submission deadline described in subdivision (a)(1)(A)(i), a nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within five (5) calendar days after March 21, 2024, for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. (B) For purposes of the submission deadline, the postmark date on the annual event application is deemed to be the date of submission; provided, that, for the purposes of the submission deadline pursuant to subdivision (a)(1)(A)(ii), an annual event application is not deemed to be submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation. (2) The organization shall be a nonprofit organization as defined in § 3-17-102 . (3) (A) A nonprofit organization, including chapters or affiliates operating under the same tax exemption, shall not operate more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30. (B) (i) An annual event shall be operated at a single location within a county in Tennessee where the nonprofit organization has a physical presence or in a county that is contiguous to a county where the organization maintains a physical presence, as disclosed pursuant to § 3-17-104(e)(1) , or a nonprofit organization may operate an annual event on the same day in one (1) county where it has a physical presence in each grand division as described in §§ 4-1-201 - 4-1-204. Such location, or locations, shall be listed as the location of the annual event in the annual event application pursuant to § 3-17-104(e)(4) . (ii) Nothing in this subdivision (a)(3)(B) shall be construed to limit the ability of an organization to sell tickets, shares, chances or similar records for an authorized annual event in any political subdivision of this state. (iii) No more than two (2) annual events per calendar month shall be held at the same location in each county during any annual event period. For the purpose of this subdivision (a)(3)(B), "location" means a single physical site in a county identified by an address or unique descriptive feature. (C) Notwithstanding any provision of this chapter to the contrary, a nonprofit organization authorized to conduct an annual event may change the location of the annual event if the location listed on the annual event application is subsequently unavailable during the time in which the annual event was to be conducted and if the following conditions are satisfied: (i) Written notice is given to the secretary of state, Tennessee bureau of investigation and district attorney general for the judicial district in which the annual event is to be conducted, stating that the listed location is unavailable, the reason for unavailability, and the new location; (ii) Sufficient public notice is given by means of posting notice on the organization's website, if any, and by publication in a newspaper of general circulation in the county in which the annual event will be conducted; and (iii) The new location complies with subdivision (a)(3)(B)(iii). (4) (A) A nonprofit organization may operate an annual event in conjunction with one (1) or more nonprofit organizations under the following circumstances: (i) Each nonprofit organization files an independent annual event application including, but not limited to, the appropriate application fee, in accordance with this chapter; (ii) Each nonprofit organization submits, with the annual event application, a joint statement of authorization indicating the intention to conduct a joint annual event and listing all organizations participating in such joint event; and (iii) Each nonprofit organization applicant is in compliance with this chapter and is eligible for inclusion on the omnibus list. (B) If one (1) or more nonprofit organizations are not eligible for inclusion on the omnibus list, or fail to timely file an annual event application, all applicants for a joint annual event shall be excluded from the omnibus list. No provision of this subdivision (a)(4) shall be construed as authorizing a nonprofit organization participating in a joint event to operate, participate or conduct, jointly or otherwise, more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30. (5) (A) (i) Except as otherwise provided in this subdivision (a)(5), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall not employ, contract with, or otherwise utilize the services of any person including, but not limited to, any management company, consultant or other entity, to manage, conduct or operate any aspect of an annual event. An authorized annual event shall be managed, conducted and operated only by bona fide directors, officers or employees of a nonprofit organization who: (a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and (b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event. (ii) Unpaid volunteer personnel, including members of a nonprofit organization, may be utilized by a nonprofit organization to manage, conduct or operate an annual event. (B) (i) Nothing in this subdivision (a)(5) or § 39-17-654(b) shall be construed as prohibiting a nonprofit organization from purchasing, leasing or accepting donations of prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event; provided, that the compensation paid for such purchases or leases shall not be at a price greater than fair market value and shall not be based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event. (ii) No nonprofit organization shall purchase or lease prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event from any director, officer or employee of the nonprofit organization. (6) (A) Except as provided in subdivision (a)(6)(B), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall return all of the gross proceeds, less any amount expended pursuant to subdivision (a)(5)(B), to the organization for the purposes or programs described in § 3-17-104(e)(6) , but in any event, a nonprofit organization shall return at least twenty-five percent (25%) of gross proceeds to the organization for the purposes or programs described in § 3-17-104(e)(6) . (B) A nonprofit organization that fails to return at least twenty-five percent (25%) of gross proceeds from the annual event to the purposes or programs described in § 3-17-104(e)(6) in any year shall file notice with the secretary on a form prescribed by the secretary. If, in the sound discretion of the secretary, the organization was not at fault in failing to return the required percentage, the organization shall be allowed to file an annual event application for the next annual event period; provided, that if an organization fails to return the required percentage in two (2) consecutive annual event periods, the organization shall be disqualified from filing annual event applications for a period of five (5) years. If an organization is not permitted by the secretary to file an event application pursuant to this subdivision (a)(6)(B), the organization may request a review pursuant to the procedure set forth in § 3-17-105(g) . (C) As used in this subdivision (a)(6), gross proceeds shall not include revenue disclosed as the fair market value of any donated prizes, goods and services. (7) A nonprofit organization seeking authorization to conduct an annual event pursuant to this chapter shall be in compliance with the registration requirements for charitable organizations set forth in title 48, chapter 101, part 5, or be exempt from annual registration pursuant to § 48-101-502 . (b) (1) The secretary shall review all annual event applications timely submitted and shall transmit an omnibus list of qualifying applicants to the clerk of the senate and the clerk of the house of representatives in an electronic format, as is required by the respective clerks, on or before March 8 of each year. The omnibus list shall include, at a minimum, the name of the nonprofit organization, the name of the event, the type of lottery game, the event date for the event and the location or locations of the event. The omnibus list shall list nonprofit organizations alphabetically by county in which the annual event is proposed to be operated. (2) In addition to the omnibus listing transferred to the clerk of the senate and the clerk of the house of representatives pursuant to subdivision (b)(1), the secretary shall transfer an additional omnibus listing of any organizations approved pursuant to subdivision (a)(1)(A)(ii) for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. The list must be transferred in a manner consistent with subdivision (b)(1) by twelve o'clock (12:00) noon central daylight time (CDT) within ten (10) calendar days after March 21, 2024. (c) Upon authorization by the general assembly, the clerk of the house last approving such authorization shall transmit a copy of such authorization to the secretary and to each district attorney general. The secretary shall transmit such authorization to each authorized nonprofit organization at the mailing address listed in such organization's annual event application; provided, that in the case of an organization with multiple chapters, branches or affiliates in Tennessee, such authorization shall be transmitted only to the primary mailing address of the applicant. Such authorization shall be posted on the website of the secretary with such additional information as the secretary deems appropriate. At a minimum, the secretary shall post the name of the nonprofit organization, the name of the event, the type of lottery game, the event date for the event and the location, or locations, of the event. (d) (1) (A) (i) An authorized annual event shall be held within twenty-eight (28) calendar days of the event date listed in the annual event application; provided, that nothing in this subdivision (d)(1) shall be construed as allowing two (2) annual events in any one-year period or as allowing a nonprofit organization to operate an annual event at authorized multiple locations on separate days. (ii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period July 1, 2020, through December 31, 2020, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application; provided, that such authorization under this subdivision (d)(1)(A)(ii) only applies on a one-time basis. (iii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period January 1, 2021, through June 30, 2021, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application, or June 30, 2021, whichever date is earlier; provided, that such authorization under this subdivision (d)(1)(A)(iii) only applies on a one-time basis. (B) A nonprofit organization shall give notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted one hundred thirty (130) days prior to the event date listed in the annual event application; provided, that if the event date is within one hundred thirty (130) days from notification of authorization to conduct an annual event, the nonprofit organization shall immediately, upon receipt of such notification and prior to the commencement of selling any tickets, shares, chances or similar records, give notice to the chief law enforcement officer of each county or municipality in which the annual event shall be conducted. In accordance with subdivision (d)(1)(A), if the actual event date is different than the event date listed in the annual event application, a nonprofit organization shall give an additional notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted prior to conducting the annual event. For the purposes of this subdivision (d)(1)(B), "notice" means a letter sent by certified mail, or by actual physical delivery of a letter to the chief law enforcement officer or such officer's designee, containing, at a minimum, the following information: (i) The name of the nonprofit organization; (ii) The name of the event; (iii) The location of the event, including the physical address where the annual event will be conducted; (iv) The type of lottery game to be conducted; (v) The event date for the event listed in the annual event application; (vi) If applicable, the actual event date for the annual event if different than the event date listed in the annual event application; (vii) If applicable, additional locations of the event, including the physical address where the annual event will be conducted, if such event will be operated at authorized multiple locations; (viii) The name, address and telephone number of the nonprofit organization's chair, president or chief administrative officer; and (ix) If applicable, the name, address and telephone number of the person responsible for the operation of the annual event for the nonprofit organization, if different than the organization's chair, president or chief administrative officer. (2) Except as provided in subdivision (d)(3), upon receipt of authorization from the secretary pursuant to subsection (c), a nonprofit organization may conduct all necessary activities for such event including, but not limited to, planning, advertising, promoting, printing of materials and tickets, shares, chances or similar records and the transportation of such records and other devices. (3) A nonprofit organization, or any person authorized pursuant to subdivision (a)(5)(A) on behalf of the nonprofit organization, may sell tickets, shares, chances or similar records on the actual date of the annual event and for one hundred twenty (120) days immediately preceding the event date listed in the application and for any period after the event date listed in the annual event application but prior to the actual date of the annual event if such actual date is after the event date in accordance with subdivision (d)(1). No person shall sell tickets, shares, chances or similar records outside of the period authorized by this subdivision (d)(3). Notwithstanding any provision of this chapter to the contrary, the secretary shall establish rules and regulations concerning modification of the actual dollar amounts at which a ticket, share, chance or other similar record shall be sold by a nonprofit organization authorized to conduct an annual event; provided, that only one (1) such modification shall be made prior to the sale of any ticket, share, chance or other similar record and only in amounts within fifty dollars ($50.00) of the actual dollar amounts disclosed pursuant to § 3-17-104(e)(5) . Tickets, shares, chances or other similar records may be sold at a single price or at different value levels or tiers. If tickets, shares, chances or other similar records are sold at different value levels or tiers, then the organization shall keep a written or electronic record of each sale, which shall include the name, the amount paid, the mailing address, and the contact information of the purchaser for the purpose of issuing refunds if a cancellation of the annual event occurs. (e) (1) Within ninety (90) days following the event date listed in the annual event application, a financial accounting as required pursuant to § 3-17-106 shall be submitted by the organization to the secretary. (2) For purposes of this chapter, the postmark date on the financial accounting shall be considered the date of submission. (3) The secretary shall post such accounting, or a synopsis of such accounting, on the web page of the secretary. (f) (1) Notwithstanding any provision of this chapter to the contrary, for the annual event period beginning July 1, 2015, and ending June 30, 2016, a nonprofit organization described in § 501 (c)(19) of the Internal Revenue Code ( 26 U.S.C. § 501 (c)(19) ) seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within three (3) calendar days after April 14, 2015. For purposes of this submission deadline, an annual event application shall not be considered submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation. (2) In addition to the omnibus list transferred to the clerk of the senate and the clerk of the house of representatives by March 1, 2015, the secretary shall transfer an additional omnibus list listing any organizations approved pursuant to subdivision (f)(1) for the annual event period beginning July 1, 2015, and ending June 30, 2016. This list shall be transferred in a manner consistent with subsection (b) by twelve o'clock noon central daylight time (CDT) within five (5) calendar days after April 14, 2015. Amended by 2024 Tenn. Acts, ch. 587,s 2, eff. 3/21/2024. Amended by 2024 Tenn. Acts, ch. 587,s 1, eff. 3/21/2024. Amended by 2023 Tenn. Acts, ch. 141, Secs.s 2, s 3, s 4eff. 4/10/2023. Amended by 2022 Tenn. Acts, ch. 851, Secs.s 1, s 2, s 3eff. 4/20/2022. Amended by 2022 Tenn. Acts, ch. 673, Secs.s 1, s 2, s 3eff. 3/18/2022. Amended by 2021 Tenn. Acts, ch. 1, s 1, eff. 3/23/2021. Amended by 2020 Tenn. Acts, ch. 673, Secs.s 1, s 2, s 3, s 4eff. 6/15/2020. Amended by 2020 Tenn. Acts, ch. 517, Secs.s 1, s 4, s 5, s 6eff. 2/27/2020. Amended by 2018 Tenn. Acts, ch. 584, Secs.s 1, s 2, s 3eff. 3/20/2018. Amended by 2016 Tenn. Acts, ch. 821, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 134, s 6, eff. 4/14/2015. Amended by 2015 Tenn. Acts, ch. 134, Secs.s 4, s 5eff. 4/14/2015. Amended by 2015 Tenn. Acts, ch. 133, Secs.s 1, s 2, s 3eff. 4/14/2015. Amended by 2014 Tenn. Acts, ch. 699, Secs.s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9, s 10eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 699, s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 550, Secs.s 1, s 2, s 3, s 4, s 5eff. 3/17/2014. Amended by 2014 Tenn. Acts, ch. 532, Secs.s 1, s 2, s 3, s 4, s 5eff. 3/5/2014. Amended by 2013 Tenn. Acts, ch. 109, Secs.s 1, s 2, s 3, s 4, s 5eff. 4/8/2013. Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 1 - 3; 2004, ch. 890, §1; 2005, ch. 207, §§ 1 - 8; 2006, ch. 508, §§1 - 3; 2007 , ch. 18, §§1-8; 2008 , ch. 997, §2; 2009 , ch. 177, §§2-5; 2010 , ch. 656, §§2-4; 2011 , ch. 10, §§1-6; 2012 , ch. 747, §§4-6; 2012 , ch. 758, §§ 1-6.
(a) (1) (A) (i) A nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state shall submit an annual event application to the secretary by January 31 each year for the annual event period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year. (ii) In addition to the submission deadline described in subdivision (a)(1)(A)(i), a nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within five (5) calendar days after March 21, 2024, for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. (B) For purposes of the submission deadline, the postmark date on the annual event application is deemed to be the date of submission; provided, that, for the purposes of the submission deadline pursuant to subdivision (a)(1)(A)(ii), an annual event application is not deemed to be submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation. (2) The organization shall be a nonprofit organization as defined in § 3-17-102 . (3) (A) A nonprofit organization, including chapters or affiliates operating under the same tax exemption, shall not operate more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30. (B) (i) An annual event shall be operated at a single location within a county in Tennessee where the nonprofit organization has a physical presence or in a county that is contiguous to a county where the organization maintains a physical presence, as disclosed pursuant to § 3-17-104(e)(1) , or a nonprofit organization may operate an annual event on the same day in one (1) county where it has a physical presence in each grand division as described in §§ 4-1-201 - 4-1-204. Such location, or locations, shall be listed as the location of the annual event in the annual event application pursuant to § 3-17-104(e)(4) . (ii) Nothing in this subdivision (a)(3)(B) shall be construed to limit the ability of an organization to sell tickets, shares, chances or similar records for an authorized annual event in any political subdivision of this state. (iii) No more than two (2) annual events per calendar month shall be held at the same location in each county during any annual event period. For the purpose of this subdivision (a)(3)(B), "location" means a single physical site in a county identified by an address or unique descriptive feature. (C) Notwithstanding any provision of this chapter to the contrary, a nonprofit organization authorized to conduct an annual event may change the location of the annual event if the location listed on the annual event application is subsequently unavailable during the time in which the annual event was to be conducted and if the following conditions are satisfied: (i) Written notice is given to the secretary of state, Tennessee bureau of investigation and district attorney general for the judicial district in which the annual event is to be conducted, stating that the listed location is unavailable, the reason for unavailability, and the new location; (ii) Sufficient public notice is given by means of posting notice on the organization's website, if any, and by publication in a newspaper of general circulation in the county in which the annual event will be conducted; and (iii) The new location complies with subdivision (a)(3)(B)(iii). (4) (A) A nonprofit organization may operate an annual event in conjunction with one (1) or more nonprofit organizations under the following circumstances: (i) Each nonprofit organization files an independent annual event application including, but not limited to, the appropriate application fee, in accordance with this chapter; (ii) Each nonprofit organization submits, with the annual event application, a joint statement of authorization indicating the intention to conduct a joint annual event and listing all organizations participating in such joint event; and (iii) Each nonprofit organization applicant is in compliance with this chapter and is eligible for inclusion on the omnibus list. (B) If one (1) or more nonprofit organizations are not eligible for inclusion on the omnibus list, or fail to timely file an annual event application, all applicants for a joint annual event shall be excluded from the omnibus list. No provision of this subdivision (a)(4) shall be construed as authorizing a nonprofit organization participating in a joint event to operate, participate or conduct, jointly or otherwise, more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30. (5) (A) (i) Except as otherwise provided in this subdivision (a)(5), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall not employ, contract with, or otherwise utilize the services of any person including, but not limited to, any management company, consultant or other entity, to manage, conduct or operate any aspect of an annual event. An authorized annual event shall be managed, conducted and operated only by bona fide directors, officers or employees of a nonprofit organization who: (a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and (b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event. (ii) Unpaid volunteer personnel, including members of a nonprofit organization, may be utilized by a nonprofit organization to manage, conduct or operate an annual event. (B) (i) Nothing in this subdivision (a)(5) or § 39-17-654(b) shall be construed as prohibiting a nonprofit organization from purchasing, leasing or accepting donations of prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event; provided, that the compensation paid for such purchases or leases shall not be at a price greater than fair market value and shall not be based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event. (ii) No nonprofit organization shall purchase or lease prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event from any director, officer or employee of the nonprofit organization. (6) (A) Except as provided in subdivision (a)(6)(B), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall return all of the gross proceeds, less any amount expended pursuant to subdivision (a)(5)(B), to the organization for the purposes or programs described in § 3-17-104(e)(6) , but in any event, a nonprofit organization shall return at least twenty-five percent (25%) of gross proceeds to the organization for the purposes or programs described in § 3-17-104(e)(6) . (B) A nonprofit organization that fails to return at least twenty-five percent (25%) of gross proceeds from the annual event to the purposes or programs described in § 3-17-104(e)(6) in any year shall file notice with the secretary on a form prescribed by the secretary. If, in the sound discretion of the secretary, the organization was not at fault in failing to return the required percentage, the organization shall be allowed to file an annual event application for the next annual event period; provided, that if an organization fails to return the required percentage in two (2) consecutive annual event periods, the organization shall be disqualified from filing annual event applications for a period of five (5) years. If an organization is not permitted by the secretary to file an event application pursuant to this subdivision (a)(6)(B), the organization may request a review pursuant to the procedure set forth in § 3-17-105(g) . (C) As used in this subdivision (a)(6), gross proceeds shall not include revenue disclosed as the fair market value of any donated prizes, goods and services. (7) A nonprofit organization seeking authorization to conduct an annual event pursuant to this chapter shall be in compliance with the registration requirements for charitable organizations set forth in title 48, chapter 101, part 5, or be exempt from annual registration pursuant to § 48-101-502 .
(1) (A) (i) A nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state shall submit an annual event application to the secretary by January 31 each year for the annual event period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year. (ii) In addition to the submission deadline described in subdivision (a)(1)(A)(i), a nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within five (5) calendar days after March 21, 2024, for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. (B) For purposes of the submission deadline, the postmark date on the annual event application is deemed to be the date of submission; provided, that, for the purposes of the submission deadline pursuant to subdivision (a)(1)(A)(ii), an annual event application is not deemed to be submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation.
(A) (i) A nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state shall submit an annual event application to the secretary by January 31 each year for the annual event period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year. (ii) In addition to the submission deadline described in subdivision (a)(1)(A)(i), a nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within five (5) calendar days after March 21, 2024, for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025.
(i) A nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state shall submit an annual event application to the secretary by January 31 each year for the annual event period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year.
(ii) In addition to the submission deadline described in subdivision (a)(1)(A)(i), a nonprofit organization seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within five (5) calendar days after March 21, 2024, for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025.
(B) For purposes of the submission deadline, the postmark date on the annual event application is deemed to be the date of submission; provided, that, for the purposes of the submission deadline pursuant to subdivision (a)(1)(A)(ii), an annual event application is not deemed to be submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation.
(2) The organization shall be a nonprofit organization as defined in § 3-17-102 .
(3) (A) A nonprofit organization, including chapters or affiliates operating under the same tax exemption, shall not operate more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30. (B) (i) An annual event shall be operated at a single location within a county in Tennessee where the nonprofit organization has a physical presence or in a county that is contiguous to a county where the organization maintains a physical presence, as disclosed pursuant to § 3-17-104(e)(1) , or a nonprofit organization may operate an annual event on the same day in one (1) county where it has a physical presence in each grand division as described in §§ 4-1-201 - 4-1-204. Such location, or locations, shall be listed as the location of the annual event in the annual event application pursuant to § 3-17-104(e)(4) . (ii) Nothing in this subdivision (a)(3)(B) shall be construed to limit the ability of an organization to sell tickets, shares, chances or similar records for an authorized annual event in any political subdivision of this state. (iii) No more than two (2) annual events per calendar month shall be held at the same location in each county during any annual event period. For the purpose of this subdivision (a)(3)(B), "location" means a single physical site in a county identified by an address or unique descriptive feature. (C) Notwithstanding any provision of this chapter to the contrary, a nonprofit organization authorized to conduct an annual event may change the location of the annual event if the location listed on the annual event application is subsequently unavailable during the time in which the annual event was to be conducted and if the following conditions are satisfied: (i) Written notice is given to the secretary of state, Tennessee bureau of investigation and district attorney general for the judicial district in which the annual event is to be conducted, stating that the listed location is unavailable, the reason for unavailability, and the new location; (ii) Sufficient public notice is given by means of posting notice on the organization's website, if any, and by publication in a newspaper of general circulation in the county in which the annual event will be conducted; and (iii) The new location complies with subdivision (a)(3)(B)(iii).
(A) A nonprofit organization, including chapters or affiliates operating under the same tax exemption, shall not operate more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30.
(B) (i) An annual event shall be operated at a single location within a county in Tennessee where the nonprofit organization has a physical presence or in a county that is contiguous to a county where the organization maintains a physical presence, as disclosed pursuant to § 3-17-104(e)(1) , or a nonprofit organization may operate an annual event on the same day in one (1) county where it has a physical presence in each grand division as described in §§ 4-1-201 - 4-1-204. Such location, or locations, shall be listed as the location of the annual event in the annual event application pursuant to § 3-17-104(e)(4) . (ii) Nothing in this subdivision (a)(3)(B) shall be construed to limit the ability of an organization to sell tickets, shares, chances or similar records for an authorized annual event in any political subdivision of this state. (iii) No more than two (2) annual events per calendar month shall be held at the same location in each county during any annual event period. For the purpose of this subdivision (a)(3)(B), "location" means a single physical site in a county identified by an address or unique descriptive feature.
(i) An annual event shall be operated at a single location within a county in Tennessee where the nonprofit organization has a physical presence or in a county that is contiguous to a county where the organization maintains a physical presence, as disclosed pursuant to § 3-17-104(e)(1) , or a nonprofit organization may operate an annual event on the same day in one (1) county where it has a physical presence in each grand division as described in §§ 4-1-201 - 4-1-204. Such location, or locations, shall be listed as the location of the annual event in the annual event application pursuant to § 3-17-104(e)(4) .
(ii) Nothing in this subdivision (a)(3)(B) shall be construed to limit the ability of an organization to sell tickets, shares, chances or similar records for an authorized annual event in any political subdivision of this state.
(iii) No more than two (2) annual events per calendar month shall be held at the same location in each county during any annual event period. For the purpose of this subdivision (a)(3)(B), "location" means a single physical site in a county identified by an address or unique descriptive feature.
(C) Notwithstanding any provision of this chapter to the contrary, a nonprofit organization authorized to conduct an annual event may change the location of the annual event if the location listed on the annual event application is subsequently unavailable during the time in which the annual event was to be conducted and if the following conditions are satisfied: (i) Written notice is given to the secretary of state, Tennessee bureau of investigation and district attorney general for the judicial district in which the annual event is to be conducted, stating that the listed location is unavailable, the reason for unavailability, and the new location; (ii) Sufficient public notice is given by means of posting notice on the organization's website, if any, and by publication in a newspaper of general circulation in the county in which the annual event will be conducted; and (iii) The new location complies with subdivision (a)(3)(B)(iii).
(i) Written notice is given to the secretary of state, Tennessee bureau of investigation and district attorney general for the judicial district in which the annual event is to be conducted, stating that the listed location is unavailable, the reason for unavailability, and the new location;
(ii) Sufficient public notice is given by means of posting notice on the organization's website, if any, and by publication in a newspaper of general circulation in the county in which the annual event will be conducted; and
(iii) The new location complies with subdivision (a)(3)(B)(iii).
(4) (A) A nonprofit organization may operate an annual event in conjunction with one (1) or more nonprofit organizations under the following circumstances: (i) Each nonprofit organization files an independent annual event application including, but not limited to, the appropriate application fee, in accordance with this chapter; (ii) Each nonprofit organization submits, with the annual event application, a joint statement of authorization indicating the intention to conduct a joint annual event and listing all organizations participating in such joint event; and (iii) Each nonprofit organization applicant is in compliance with this chapter and is eligible for inclusion on the omnibus list. (B) If one (1) or more nonprofit organizations are not eligible for inclusion on the omnibus list, or fail to timely file an annual event application, all applicants for a joint annual event shall be excluded from the omnibus list. No provision of this subdivision (a)(4) shall be construed as authorizing a nonprofit organization participating in a joint event to operate, participate or conduct, jointly or otherwise, more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30.
(A) A nonprofit organization may operate an annual event in conjunction with one (1) or more nonprofit organizations under the following circumstances: (i) Each nonprofit organization files an independent annual event application including, but not limited to, the appropriate application fee, in accordance with this chapter; (ii) Each nonprofit organization submits, with the annual event application, a joint statement of authorization indicating the intention to conduct a joint annual event and listing all organizations participating in such joint event; and (iii) Each nonprofit organization applicant is in compliance with this chapter and is eligible for inclusion on the omnibus list.
(i) Each nonprofit organization files an independent annual event application including, but not limited to, the appropriate application fee, in accordance with this chapter;
(ii) Each nonprofit organization submits, with the annual event application, a joint statement of authorization indicating the intention to conduct a joint annual event and listing all organizations participating in such joint event; and
(iii) Each nonprofit organization applicant is in compliance with this chapter and is eligible for inclusion on the omnibus list.
(B) If one (1) or more nonprofit organizations are not eligible for inclusion on the omnibus list, or fail to timely file an annual event application, all applicants for a joint annual event shall be excluded from the omnibus list. No provision of this subdivision (a)(4) shall be construed as authorizing a nonprofit organization participating in a joint event to operate, participate or conduct, jointly or otherwise, more than one (1) annual event within any twelve-month period beginning July 1 and ending June 30.
(5) (A) (i) Except as otherwise provided in this subdivision (a)(5), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall not employ, contract with, or otherwise utilize the services of any person including, but not limited to, any management company, consultant or other entity, to manage, conduct or operate any aspect of an annual event. An authorized annual event shall be managed, conducted and operated only by bona fide directors, officers or employees of a nonprofit organization who: (a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and (b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event. (ii) Unpaid volunteer personnel, including members of a nonprofit organization, may be utilized by a nonprofit organization to manage, conduct or operate an annual event. (B) (i) Nothing in this subdivision (a)(5) or § 39-17-654(b) shall be construed as prohibiting a nonprofit organization from purchasing, leasing or accepting donations of prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event; provided, that the compensation paid for such purchases or leases shall not be at a price greater than fair market value and shall not be based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event. (ii) No nonprofit organization shall purchase or lease prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event from any director, officer or employee of the nonprofit organization.
(A) (i) Except as otherwise provided in this subdivision (a)(5), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall not employ, contract with, or otherwise utilize the services of any person including, but not limited to, any management company, consultant or other entity, to manage, conduct or operate any aspect of an annual event. An authorized annual event shall be managed, conducted and operated only by bona fide directors, officers or employees of a nonprofit organization who: (a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and (b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event. (ii) Unpaid volunteer personnel, including members of a nonprofit organization, may be utilized by a nonprofit organization to manage, conduct or operate an annual event.
(i) Except as otherwise provided in this subdivision (a)(5), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall not employ, contract with, or otherwise utilize the services of any person including, but not limited to, any management company, consultant or other entity, to manage, conduct or operate any aspect of an annual event. An authorized annual event shall be managed, conducted and operated only by bona fide directors, officers or employees of a nonprofit organization who: (a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and (b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event.
(a) Manage, conduct or operate only one (1) such annual event in any twelve-month period beginning on July 1 and ending on June 30 each year for any nonprofit organization; and
(b) Receive no compensation for duties associated with the annual event from the proceeds of the annual event except compensation otherwise due to such person in the normal course of business. In no event shall such person's normal compensation, or any other form of compensation or benefit including, but not limited to, any bonus payment or any other form of supplemental payment, be based upon or determined by reference to a percentage of the proceeds derived from the operation of the annual event, the number of people participating in the annual event or any other factor related to the annual event.
(ii) Unpaid volunteer personnel, including members of a nonprofit organization, may be utilized by a nonprofit organization to manage, conduct or operate an annual event.
(B) (i) Nothing in this subdivision (a)(5) or § 39-17-654(b) shall be construed as prohibiting a nonprofit organization from purchasing, leasing or accepting donations of prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event; provided, that the compensation paid for such purchases or leases shall not be at a price greater than fair market value and shall not be based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event. (ii) No nonprofit organization shall purchase or lease prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event from any director, officer or employee of the nonprofit organization.
(i) Nothing in this subdivision (a)(5) or § 39-17-654(b) shall be construed as prohibiting a nonprofit organization from purchasing, leasing or accepting donations of prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event; provided, that the compensation paid for such purchases or leases shall not be at a price greater than fair market value and shall not be based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event.
(ii) No nonprofit organization shall purchase or lease prizes, facilities, locations, advertising services, printing services, telephone services and any records, devices or other supplies necessary to conduct an authorized annual event from any director, officer or employee of the nonprofit organization.
(6) (A) Except as provided in subdivision (a)(6)(B), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall return all of the gross proceeds, less any amount expended pursuant to subdivision (a)(5)(B), to the organization for the purposes or programs described in § 3-17-104(e)(6) , but in any event, a nonprofit organization shall return at least twenty-five percent (25%) of gross proceeds to the organization for the purposes or programs described in § 3-17-104(e)(6) . (B) A nonprofit organization that fails to return at least twenty-five percent (25%) of gross proceeds from the annual event to the purposes or programs described in § 3-17-104(e)(6) in any year shall file notice with the secretary on a form prescribed by the secretary. If, in the sound discretion of the secretary, the organization was not at fault in failing to return the required percentage, the organization shall be allowed to file an annual event application for the next annual event period; provided, that if an organization fails to return the required percentage in two (2) consecutive annual event periods, the organization shall be disqualified from filing annual event applications for a period of five (5) years. If an organization is not permitted by the secretary to file an event application pursuant to this subdivision (a)(6)(B), the organization may request a review pursuant to the procedure set forth in § 3-17-105(g) . (C) As used in this subdivision (a)(6), gross proceeds shall not include revenue disclosed as the fair market value of any donated prizes, goods and services.
(A) Except as provided in subdivision (a)(6)(B), a nonprofit organization authorized to conduct an annual event pursuant to this chapter shall return all of the gross proceeds, less any amount expended pursuant to subdivision (a)(5)(B), to the organization for the purposes or programs described in § 3-17-104(e)(6) , but in any event, a nonprofit organization shall return at least twenty-five percent (25%) of gross proceeds to the organization for the purposes or programs described in § 3-17-104(e)(6) .
(B) A nonprofit organization that fails to return at least twenty-five percent (25%) of gross proceeds from the annual event to the purposes or programs described in § 3-17-104(e)(6) in any year shall file notice with the secretary on a form prescribed by the secretary. If, in the sound discretion of the secretary, the organization was not at fault in failing to return the required percentage, the organization shall be allowed to file an annual event application for the next annual event period; provided, that if an organization fails to return the required percentage in two (2) consecutive annual event periods, the organization shall be disqualified from filing annual event applications for a period of five (5) years. If an organization is not permitted by the secretary to file an event application pursuant to this subdivision (a)(6)(B), the organization may request a review pursuant to the procedure set forth in § 3-17-105(g) .
(C) As used in this subdivision (a)(6), gross proceeds shall not include revenue disclosed as the fair market value of any donated prizes, goods and services.
(7) A nonprofit organization seeking authorization to conduct an annual event pursuant to this chapter shall be in compliance with the registration requirements for charitable organizations set forth in title 48, chapter 101, part 5, or be exempt from annual registration pursuant to § 48-101-502 .
(b) (1) The secretary shall review all annual event applications timely submitted and shall transmit an omnibus list of qualifying applicants to the clerk of the senate and the clerk of the house of representatives in an electronic format, as is required by the respective clerks, on or before March 8 of each year. The omnibus list shall include, at a minimum, the name of the nonprofit organization, the name of the event, the type of lottery game, the event date for the event and the location or locations of the event. The omnibus list shall list nonprofit organizations alphabetically by county in which the annual event is proposed to be operated. (2) In addition to the omnibus listing transferred to the clerk of the senate and the clerk of the house of representatives pursuant to subdivision (b)(1), the secretary shall transfer an additional omnibus listing of any organizations approved pursuant to subdivision (a)(1)(A)(ii) for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. The list must be transferred in a manner consistent with subdivision (b)(1) by twelve o'clock (12:00) noon central daylight time (CDT) within ten (10) calendar days after March 21, 2024.
(1) The secretary shall review all annual event applications timely submitted and shall transmit an omnibus list of qualifying applicants to the clerk of the senate and the clerk of the house of representatives in an electronic format, as is required by the respective clerks, on or before March 8 of each year. The omnibus list shall include, at a minimum, the name of the nonprofit organization, the name of the event, the type of lottery game, the event date for the event and the location or locations of the event. The omnibus list shall list nonprofit organizations alphabetically by county in which the annual event is proposed to be operated.
(2) In addition to the omnibus listing transferred to the clerk of the senate and the clerk of the house of representatives pursuant to subdivision (b)(1), the secretary shall transfer an additional omnibus listing of any organizations approved pursuant to subdivision (a)(1)(A)(ii) for the annual event period beginning July 1, 2023, and ending June 30, 2024, and for the annual event period beginning July 1, 2024, and ending June 30, 2025. The list must be transferred in a manner consistent with subdivision (b)(1) by twelve o'clock (12:00) noon central daylight time (CDT) within ten (10) calendar days after March 21, 2024.
(c) Upon authorization by the general assembly, the clerk of the house last approving such authorization shall transmit a copy of such authorization to the secretary and to each district attorney general. The secretary shall transmit such authorization to each authorized nonprofit organization at the mailing address listed in such organization's annual event application; provided, that in the case of an organization with multiple chapters, branches or affiliates in Tennessee, such authorization shall be transmitted only to the primary mailing address of the applicant. Such authorization shall be posted on the website of the secretary with such additional information as the secretary deems appropriate. At a minimum, the secretary shall post the name of the nonprofit organization, the name of the event, the type of lottery game, the event date for the event and the location, or locations, of the event.
(d) (1) (A) (i) An authorized annual event shall be held within twenty-eight (28) calendar days of the event date listed in the annual event application; provided, that nothing in this subdivision (d)(1) shall be construed as allowing two (2) annual events in any one-year period or as allowing a nonprofit organization to operate an annual event at authorized multiple locations on separate days. (ii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period July 1, 2020, through December 31, 2020, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application; provided, that such authorization under this subdivision (d)(1)(A)(ii) only applies on a one-time basis. (iii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period January 1, 2021, through June 30, 2021, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application, or June 30, 2021, whichever date is earlier; provided, that such authorization under this subdivision (d)(1)(A)(iii) only applies on a one-time basis. (B) A nonprofit organization shall give notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted one hundred thirty (130) days prior to the event date listed in the annual event application; provided, that if the event date is within one hundred thirty (130) days from notification of authorization to conduct an annual event, the nonprofit organization shall immediately, upon receipt of such notification and prior to the commencement of selling any tickets, shares, chances or similar records, give notice to the chief law enforcement officer of each county or municipality in which the annual event shall be conducted. In accordance with subdivision (d)(1)(A), if the actual event date is different than the event date listed in the annual event application, a nonprofit organization shall give an additional notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted prior to conducting the annual event. For the purposes of this subdivision (d)(1)(B), "notice" means a letter sent by certified mail, or by actual physical delivery of a letter to the chief law enforcement officer or such officer's designee, containing, at a minimum, the following information: (i) The name of the nonprofit organization; (ii) The name of the event; (iii) The location of the event, including the physical address where the annual event will be conducted; (iv) The type of lottery game to be conducted; (v) The event date for the event listed in the annual event application; (vi) If applicable, the actual event date for the annual event if different than the event date listed in the annual event application; (vii) If applicable, additional locations of the event, including the physical address where the annual event will be conducted, if such event will be operated at authorized multiple locations; (viii) The name, address and telephone number of the nonprofit organization's chair, president or chief administrative officer; and (ix) If applicable, the name, address and telephone number of the person responsible for the operation of the annual event for the nonprofit organization, if different than the organization's chair, president or chief administrative officer. (2) Except as provided in subdivision (d)(3), upon receipt of authorization from the secretary pursuant to subsection (c), a nonprofit organization may conduct all necessary activities for such event including, but not limited to, planning, advertising, promoting, printing of materials and tickets, shares, chances or similar records and the transportation of such records and other devices. (3) A nonprofit organization, or any person authorized pursuant to subdivision (a)(5)(A) on behalf of the nonprofit organization, may sell tickets, shares, chances or similar records on the actual date of the annual event and for one hundred twenty (120) days immediately preceding the event date listed in the application and for any period after the event date listed in the annual event application but prior to the actual date of the annual event if such actual date is after the event date in accordance with subdivision (d)(1). No person shall sell tickets, shares, chances or similar records outside of the period authorized by this subdivision (d)(3). Notwithstanding any provision of this chapter to the contrary, the secretary shall establish rules and regulations concerning modification of the actual dollar amounts at which a ticket, share, chance or other similar record shall be sold by a nonprofit organization authorized to conduct an annual event; provided, that only one (1) such modification shall be made prior to the sale of any ticket, share, chance or other similar record and only in amounts within fifty dollars ($50.00) of the actual dollar amounts disclosed pursuant to § 3-17-104(e)(5) . Tickets, shares, chances or other similar records may be sold at a single price or at different value levels or tiers. If tickets, shares, chances or other similar records are sold at different value levels or tiers, then the organization shall keep a written or electronic record of each sale, which shall include the name, the amount paid, the mailing address, and the contact information of the purchaser for the purpose of issuing refunds if a cancellation of the annual event occurs.
(1) (A) (i) An authorized annual event shall be held within twenty-eight (28) calendar days of the event date listed in the annual event application; provided, that nothing in this subdivision (d)(1) shall be construed as allowing two (2) annual events in any one-year period or as allowing a nonprofit organization to operate an annual event at authorized multiple locations on separate days. (ii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period July 1, 2020, through December 31, 2020, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application; provided, that such authorization under this subdivision (d)(1)(A)(ii) only applies on a one-time basis. (iii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period January 1, 2021, through June 30, 2021, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application, or June 30, 2021, whichever date is earlier; provided, that such authorization under this subdivision (d)(1)(A)(iii) only applies on a one-time basis. (B) A nonprofit organization shall give notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted one hundred thirty (130) days prior to the event date listed in the annual event application; provided, that if the event date is within one hundred thirty (130) days from notification of authorization to conduct an annual event, the nonprofit organization shall immediately, upon receipt of such notification and prior to the commencement of selling any tickets, shares, chances or similar records, give notice to the chief law enforcement officer of each county or municipality in which the annual event shall be conducted. In accordance with subdivision (d)(1)(A), if the actual event date is different than the event date listed in the annual event application, a nonprofit organization shall give an additional notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted prior to conducting the annual event. For the purposes of this subdivision (d)(1)(B), "notice" means a letter sent by certified mail, or by actual physical delivery of a letter to the chief law enforcement officer or such officer's designee, containing, at a minimum, the following information: (i) The name of the nonprofit organization; (ii) The name of the event; (iii) The location of the event, including the physical address where the annual event will be conducted; (iv) The type of lottery game to be conducted; (v) The event date for the event listed in the annual event application; (vi) If applicable, the actual event date for the annual event if different than the event date listed in the annual event application; (vii) If applicable, additional locations of the event, including the physical address where the annual event will be conducted, if such event will be operated at authorized multiple locations; (viii) The name, address and telephone number of the nonprofit organization's chair, president or chief administrative officer; and (ix) If applicable, the name, address and telephone number of the person responsible for the operation of the annual event for the nonprofit organization, if different than the organization's chair, president or chief administrative officer.
(A) (i) An authorized annual event shall be held within twenty-eight (28) calendar days of the event date listed in the annual event application; provided, that nothing in this subdivision (d)(1) shall be construed as allowing two (2) annual events in any one-year period or as allowing a nonprofit organization to operate an annual event at authorized multiple locations on separate days. (ii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period July 1, 2020, through December 31, 2020, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application; provided, that such authorization under this subdivision (d)(1)(A)(ii) only applies on a one-time basis. (iii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period January 1, 2021, through June 30, 2021, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application, or June 30, 2021, whichever date is earlier; provided, that such authorization under this subdivision (d)(1)(A)(iii) only applies on a one-time basis.
(i) An authorized annual event shall be held within twenty-eight (28) calendar days of the event date listed in the annual event application; provided, that nothing in this subdivision (d)(1) shall be construed as allowing two (2) annual events in any one-year period or as allowing a nonprofit organization to operate an annual event at authorized multiple locations on separate days.
(ii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period July 1, 2020, through December 31, 2020, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application; provided, that such authorization under this subdivision (d)(1)(A)(ii) only applies on a one-time basis.
(iii) Notwithstanding any law to the contrary, an organization that is authorized to hold an annual event from the period January 1, 2021, through June 30, 2021, may hold the authorized annual event no later than sixty (60) calendar days after the event date listed in the annual event application, or June 30, 2021, whichever date is earlier; provided, that such authorization under this subdivision (d)(1)(A)(iii) only applies on a one-time basis.
(B) A nonprofit organization shall give notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted one hundred thirty (130) days prior to the event date listed in the annual event application; provided, that if the event date is within one hundred thirty (130) days from notification of authorization to conduct an annual event, the nonprofit organization shall immediately, upon receipt of such notification and prior to the commencement of selling any tickets, shares, chances or similar records, give notice to the chief law enforcement officer of each county or municipality in which the annual event shall be conducted. In accordance with subdivision (d)(1)(A), if the actual event date is different than the event date listed in the annual event application, a nonprofit organization shall give an additional notice to each chief law enforcement officer of the county or municipality in which the annual event shall be conducted prior to conducting the annual event. For the purposes of this subdivision (d)(1)(B), "notice" means a letter sent by certified mail, or by actual physical delivery of a letter to the chief law enforcement officer or such officer's designee, containing, at a minimum, the following information: (i) The name of the nonprofit organization; (ii) The name of the event; (iii) The location of the event, including the physical address where the annual event will be conducted; (iv) The type of lottery game to be conducted; (v) The event date for the event listed in the annual event application; (vi) If applicable, the actual event date for the annual event if different than the event date listed in the annual event application; (vii) If applicable, additional locations of the event, including the physical address where the annual event will be conducted, if such event will be operated at authorized multiple locations; (viii) The name, address and telephone number of the nonprofit organization's chair, president or chief administrative officer; and (ix) If applicable, the name, address and telephone number of the person responsible for the operation of the annual event for the nonprofit organization, if different than the organization's chair, president or chief administrative officer.
(i) The name of the nonprofit organization;
(ii) The name of the event;
(iii) The location of the event, including the physical address where the annual event will be conducted;
(iv) The type of lottery game to be conducted;
(v) The event date for the event listed in the annual event application;
(vi) If applicable, the actual event date for the annual event if different than the event date listed in the annual event application;
(vii) If applicable, additional locations of the event, including the physical address where the annual event will be conducted, if such event will be operated at authorized multiple locations;
(viii) The name, address and telephone number of the nonprofit organization's chair, president or chief administrative officer; and
(ix) If applicable, the name, address and telephone number of the person responsible for the operation of the annual event for the nonprofit organization, if different than the organization's chair, president or chief administrative officer.
(2) Except as provided in subdivision (d)(3), upon receipt of authorization from the secretary pursuant to subsection (c), a nonprofit organization may conduct all necessary activities for such event including, but not limited to, planning, advertising, promoting, printing of materials and tickets, shares, chances or similar records and the transportation of such records and other devices.
(3) A nonprofit organization, or any person authorized pursuant to subdivision (a)(5)(A) on behalf of the nonprofit organization, may sell tickets, shares, chances or similar records on the actual date of the annual event and for one hundred twenty (120) days immediately preceding the event date listed in the application and for any period after the event date listed in the annual event application but prior to the actual date of the annual event if such actual date is after the event date in accordance with subdivision (d)(1). No person shall sell tickets, shares, chances or similar records outside of the period authorized by this subdivision (d)(3). Notwithstanding any provision of this chapter to the contrary, the secretary shall establish rules and regulations concerning modification of the actual dollar amounts at which a ticket, share, chance or other similar record shall be sold by a nonprofit organization authorized to conduct an annual event; provided, that only one (1) such modification shall be made prior to the sale of any ticket, share, chance or other similar record and only in amounts within fifty dollars ($50.00) of the actual dollar amounts disclosed pursuant to § 3-17-104(e)(5) . Tickets, shares, chances or other similar records may be sold at a single price or at different value levels or tiers. If tickets, shares, chances or other similar records are sold at different value levels or tiers, then the organization shall keep a written or electronic record of each sale, which shall include the name, the amount paid, the mailing address, and the contact information of the purchaser for the purpose of issuing refunds if a cancellation of the annual event occurs.
(e) (1) Within ninety (90) days following the event date listed in the annual event application, a financial accounting as required pursuant to § 3-17-106 shall be submitted by the organization to the secretary. (2) For purposes of this chapter, the postmark date on the financial accounting shall be considered the date of submission. (3) The secretary shall post such accounting, or a synopsis of such accounting, on the web page of the secretary.
(1) Within ninety (90) days following the event date listed in the annual event application, a financial accounting as required pursuant to § 3-17-106 shall be submitted by the organization to the secretary.
(2) For purposes of this chapter, the postmark date on the financial accounting shall be considered the date of submission.
(3) The secretary shall post such accounting, or a synopsis of such accounting, on the web page of the secretary.
(f) (1) Notwithstanding any provision of this chapter to the contrary, for the annual event period beginning July 1, 2015, and ending June 30, 2016, a nonprofit organization described in § 501 (c)(19) of the Internal Revenue Code ( 26 U.S.C. § 501 (c)(19) ) seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within three (3) calendar days after April 14, 2015. For purposes of this submission deadline, an annual event application shall not be considered submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation. (2) In addition to the omnibus list transferred to the clerk of the senate and the clerk of the house of representatives by March 1, 2015, the secretary shall transfer an additional omnibus list listing any organizations approved pursuant to subdivision (f)(1) for the annual event period beginning July 1, 2015, and ending June 30, 2016. This list shall be transferred in a manner consistent with subsection (b) by twelve o'clock noon central daylight time (CDT) within five (5) calendar days after April 14, 2015.
(1) Notwithstanding any provision of this chapter to the contrary, for the annual event period beginning July 1, 2015, and ending June 30, 2016, a nonprofit organization described in § 501 (c)(19) of the Internal Revenue Code ( 26 U.S.C. § 501 (c)(19) ) seeking to operate an annual event for the benefit of that organization located in this state may submit an annual event application to the secretary within three (3) calendar days after April 14, 2015. For purposes of this submission deadline, an annual event application shall not be considered submitted to the secretary until in the physical possession of the secretary as evidenced by the secretary's date and time endorsement on such documentation.
(2) In addition to the omnibus list transferred to the clerk of the senate and the clerk of the house of representatives by March 1, 2015, the secretary shall transfer an additional omnibus list listing any organizations approved pursuant to subdivision (f)(1) for the annual event period beginning July 1, 2015, and ending June 30, 2016. This list shall be transferred in a manner consistent with subsection (b) by twelve o'clock noon central daylight time (CDT) within five (5) calendar days after April 14, 2015.
Amended by 2024 Tenn. Acts, ch. 587,s 2, eff. 3/21/2024.
Amended by 2024 Tenn. Acts, ch. 587,s 1, eff. 3/21/2024.
Amended by 2023 Tenn. Acts, ch. 141, Secs.s 2, s 3, s 4eff. 4/10/2023.
Amended by 2022 Tenn. Acts, ch. 851, Secs.s 1, s 2, s 3eff. 4/20/2022.
Amended by 2022 Tenn. Acts, ch. 673, Secs.s 1, s 2, s 3eff. 3/18/2022.
Amended by 2021 Tenn. Acts, ch. 1, s 1, eff. 3/23/2021.
Amended by 2020 Tenn. Acts, ch. 673, Secs.s 1, s 2, s 3, s 4eff. 6/15/2020.
Amended by 2020 Tenn. Acts, ch. 517, Secs.s 1, s 4, s 5, s 6eff. 2/27/2020.
Amended by 2018 Tenn. Acts, ch. 584, Secs.s 1, s 2, s 3eff. 3/20/2018.
Amended by 2016 Tenn. Acts, ch. 821, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 134, s 6, eff. 4/14/2015.
Amended by 2015 Tenn. Acts, ch. 134, Secs.s 4, s 5eff. 4/14/2015.
Amended by 2015 Tenn. Acts, ch. 133, Secs.s 1, s 2, s 3eff. 4/14/2015.
Amended by 2014 Tenn. Acts, ch. 699, Secs.s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9, s 10eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 699, s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 550, Secs.s 1, s 2, s 3, s 4, s 5eff. 3/17/2014.
Amended by 2014 Tenn. Acts, ch. 532, Secs.s 1, s 2, s 3, s 4, s 5eff. 3/5/2014.
Amended by 2013 Tenn. Acts, ch. 109, Secs.s 1, s 2, s 3, s 4, s 5eff. 4/8/2013.
Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 1 - 3; 2004, ch. 890, §1; 2005, ch. 207, §§ 1 - 8; 2006, ch. 508, §§1 - 3; 2007 , ch. 18, §§1-8; 2008 , ch. 997, §2; 2009 , ch. 177, §§2-5; 2010 , ch. 656, §§2-4; 2011 , ch. 10, §§1-6; 2012 , ch. 747, §§4-6; 2012 , ch. 758, §§ 1-6.
Tenn. Code Ann. § 3-5-101 — TN Code / Title 3 / Chapter 5 / Section 3-5-101
Creation - Purpose - Staff - Duties
Status: in_force

(a) On May 15, 2018, there is created the "Tennessee civil rights crimes information, reconciliation, and research center" within the office of minority affairs created by Senate Joint Resolution No. 61 of the Public Acts of 1981. (b) The Tennessee civil rights crimes information, reconciliation, and research center shall serve as a civil rights crimes remembrance and reconciliation repository, function as an informational clearinghouse on unsolved civil rights crimes and cold cases in this state, and coordinate volunteer activities throughout the state pertinent to the mission and duties of the center. (c) The staff of the office of minority affairs shall also serve as staff for the Tennessee civil rights crimes information, reconciliation, and research center. The duties of the center shall include: (1) (A) Conducting a statewide survey of civil rights crimes in Tennessee, both solved and unsolved, by utilizing available volunteer resources. In designating volunteers and volunteer coordinators to conduct the survey, the director shall utilize the services of public and private sector institutions, including, but not limited to, the various Tennessee schools of law, universities and colleges, including the historically black universities and colleges such as Lemoyne-Owen, Lane, Fisk, Meharry, and Tennessee State, as well as private sector groups such as Tennesseans for Historical Justice; (B) The director shall have the authority to design and distribute the survey to the volunteer coordinators to ensure to the extent possible that the results will be uniform from county to county, designate volunteers and volunteer coordinators in participating geographic areas, act as a central coordinator to prevent duplicative and inconsistent results, catalogue and compile the results of the survey, and transmit the results of the survey in the report required by subdivision (c)(9); (2) Determining if any information submitted in the survey described in subdivision (c)(1), or by any other method the director acquires information, may still be subject to possible criminal prosecution and transferring any such information to the appropriate state and local law enforcement agencies, district attorneys general, and federal United States attorneys general with jurisdiction for the locations involved; (3) Communicating, discussing, and meeting with the department of justice as suggested by Congress in the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 to coordinate activities surrounding unsolved civil rights crimes and cold cases believed to have occurred in this state; (4) Collecting and maintaining, within the center, pertinent information on pending conferences, workshops, public hearings, remembrance and reconciliation events, information on the ten (10) Tennessee stops on the new Civil Rights Trail, information on the activities surrounding the fiftieth anniversary of the Dr. Martin Luther King assassination, and other meetings concerning unsolved civil rights crimes and cold cases occurring in this state; (5) Coordinating with the state archivist to determine if any material, information, report, or other document received by the Tennessee civil rights crimes information, reconciliation, and research center is of historical significance and possesses the indicia of authenticity necessary to consider its transfer to the state library and archives for permanent display and storage; (6) Assisting the public and federal, state, and local government entities with inquiries regarding information on unsolved civil rights crimes and cold cases in this state; (7) Initiating and participating in any reconciliation actions, meetings, ceremonies, services, and other similar activities on behalf of the state of Tennessee; (8) Researching, seeking, and applying for any available funding or grants from the federal government or the private sector awarded for any of the purposes of the Tennessee civil rights crimes information, reconciliation, and research center; and (9) Submitting a report by January 30, 2019, and each January 30th thereafter, to the speaker of the senate and the speaker of the house of representatives, the senate judiciary committee, and the criminal justice committee of the house of representatives of the general assembly detailing the activities of the Tennessee civil rights crimes information, reconciliation, and research center since May 15, 2018. Amended by 2021 Tenn. Acts, ch. 64, s 2, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 5, eff. 5/10/2019. Acts 2018 , ch. 966, § 1.
(a) On May 15, 2018, there is created the "Tennessee civil rights crimes information, reconciliation, and research center" within the office of minority affairs created by Senate Joint Resolution No. 61 of the Public Acts of 1981.
(b) The Tennessee civil rights crimes information, reconciliation, and research center shall serve as a civil rights crimes remembrance and reconciliation repository, function as an informational clearinghouse on unsolved civil rights crimes and cold cases in this state, and coordinate volunteer activities throughout the state pertinent to the mission and duties of the center.
(c) The staff of the office of minority affairs shall also serve as staff for the Tennessee civil rights crimes information, reconciliation, and research center. The duties of the center shall include: (1) (A) Conducting a statewide survey of civil rights crimes in Tennessee, both solved and unsolved, by utilizing available volunteer resources. In designating volunteers and volunteer coordinators to conduct the survey, the director shall utilize the services of public and private sector institutions, including, but not limited to, the various Tennessee schools of law, universities and colleges, including the historically black universities and colleges such as Lemoyne-Owen, Lane, Fisk, Meharry, and Tennessee State, as well as private sector groups such as Tennesseans for Historical Justice; (B) The director shall have the authority to design and distribute the survey to the volunteer coordinators to ensure to the extent possible that the results will be uniform from county to county, designate volunteers and volunteer coordinators in participating geographic areas, act as a central coordinator to prevent duplicative and inconsistent results, catalogue and compile the results of the survey, and transmit the results of the survey in the report required by subdivision (c)(9); (2) Determining if any information submitted in the survey described in subdivision (c)(1), or by any other method the director acquires information, may still be subject to possible criminal prosecution and transferring any such information to the appropriate state and local law enforcement agencies, district attorneys general, and federal United States attorneys general with jurisdiction for the locations involved; (3) Communicating, discussing, and meeting with the department of justice as suggested by Congress in the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 to coordinate activities surrounding unsolved civil rights crimes and cold cases believed to have occurred in this state; (4) Collecting and maintaining, within the center, pertinent information on pending conferences, workshops, public hearings, remembrance and reconciliation events, information on the ten (10) Tennessee stops on the new Civil Rights Trail, information on the activities surrounding the fiftieth anniversary of the Dr. Martin Luther King assassination, and other meetings concerning unsolved civil rights crimes and cold cases occurring in this state; (5) Coordinating with the state archivist to determine if any material, information, report, or other document received by the Tennessee civil rights crimes information, reconciliation, and research center is of historical significance and possesses the indicia of authenticity necessary to consider its transfer to the state library and archives for permanent display and storage; (6) Assisting the public and federal, state, and local government entities with inquiries regarding information on unsolved civil rights crimes and cold cases in this state; (7) Initiating and participating in any reconciliation actions, meetings, ceremonies, services, and other similar activities on behalf of the state of Tennessee; (8) Researching, seeking, and applying for any available funding or grants from the federal government or the private sector awarded for any of the purposes of the Tennessee civil rights crimes information, reconciliation, and research center; and (9) Submitting a report by January 30, 2019, and each January 30th thereafter, to the speaker of the senate and the speaker of the house of representatives, the senate judiciary committee, and the criminal justice committee of the house of representatives of the general assembly detailing the activities of the Tennessee civil rights crimes information, reconciliation, and research center since May 15, 2018.
(1) (A) Conducting a statewide survey of civil rights crimes in Tennessee, both solved and unsolved, by utilizing available volunteer resources. In designating volunteers and volunteer coordinators to conduct the survey, the director shall utilize the services of public and private sector institutions, including, but not limited to, the various Tennessee schools of law, universities and colleges, including the historically black universities and colleges such as Lemoyne-Owen, Lane, Fisk, Meharry, and Tennessee State, as well as private sector groups such as Tennesseans for Historical Justice; (B) The director shall have the authority to design and distribute the survey to the volunteer coordinators to ensure to the extent possible that the results will be uniform from county to county, designate volunteers and volunteer coordinators in participating geographic areas, act as a central coordinator to prevent duplicative and inconsistent results, catalogue and compile the results of the survey, and transmit the results of the survey in the report required by subdivision (c)(9);
(A) Conducting a statewide survey of civil rights crimes in Tennessee, both solved and unsolved, by utilizing available volunteer resources. In designating volunteers and volunteer coordinators to conduct the survey, the director shall utilize the services of public and private sector institutions, including, but not limited to, the various Tennessee schools of law, universities and colleges, including the historically black universities and colleges such as Lemoyne-Owen, Lane, Fisk, Meharry, and Tennessee State, as well as private sector groups such as Tennesseans for Historical Justice;
(B) The director shall have the authority to design and distribute the survey to the volunteer coordinators to ensure to the extent possible that the results will be uniform from county to county, designate volunteers and volunteer coordinators in participating geographic areas, act as a central coordinator to prevent duplicative and inconsistent results, catalogue and compile the results of the survey, and transmit the results of the survey in the report required by subdivision (c)(9);
(2) Determining if any information submitted in the survey described in subdivision (c)(1), or by any other method the director acquires information, may still be subject to possible criminal prosecution and transferring any such information to the appropriate state and local law enforcement agencies, district attorneys general, and federal United States attorneys general with jurisdiction for the locations involved;
(3) Communicating, discussing, and meeting with the department of justice as suggested by Congress in the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 to coordinate activities surrounding unsolved civil rights crimes and cold cases believed to have occurred in this state;
(4) Collecting and maintaining, within the center, pertinent information on pending conferences, workshops, public hearings, remembrance and reconciliation events, information on the ten (10) Tennessee stops on the new Civil Rights Trail, information on the activities surrounding the fiftieth anniversary of the Dr. Martin Luther King assassination, and other meetings concerning unsolved civil rights crimes and cold cases occurring in this state;
(5) Coordinating with the state archivist to determine if any material, information, report, or other document received by the Tennessee civil rights crimes information, reconciliation, and research center is of historical significance and possesses the indicia of authenticity necessary to consider its transfer to the state library and archives for permanent display and storage;
(6) Assisting the public and federal, state, and local government entities with inquiries regarding information on unsolved civil rights crimes and cold cases in this state;
(7) Initiating and participating in any reconciliation actions, meetings, ceremonies, services, and other similar activities on behalf of the state of Tennessee;
(8) Researching, seeking, and applying for any available funding or grants from the federal government or the private sector awarded for any of the purposes of the Tennessee civil rights crimes information, reconciliation, and research center; and
(9) Submitting a report by January 30, 2019, and each January 30th thereafter, to the speaker of the senate and the speaker of the house of representatives, the senate judiciary committee, and the criminal justice committee of the house of representatives of the general assembly detailing the activities of the Tennessee civil rights crimes information, reconciliation, and research center since May 15, 2018.
Amended by 2021 Tenn. Acts, ch. 64, s 2, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 5, eff. 5/10/2019.
Acts 2018 , ch. 966, § 1.
Tenn. Code Ann. § 3-6-205 — TN Code / Title 3 / Chapter 6 / Section 3-6-205
Penalties
Status: in_force

(a) The Tennessee ethics commission may impose a civil penalty for a violation of title 8, chapter 50, part 5. (1) "Class 1 offense" means the late filing of any report or statement required by title 8, chapter 50, part 5. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five dollars ($25.00) per day, up to a maximum of seven hundred fifty dollars ($750). (A) The Tennessee ethics commission shall have personally served upon, or sent by return receipt requested mail, an assessment letter to any person required to file, upon the commission's discovery that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day shall begin to accrue five (5) days after personal service or receipt of the letter and shall continue to accrue until the report is filed, or for thirty (30) days, whichever occurs first. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 1 offense, a person shall file a petition with the commission. (2) "Class 2 offense" means failing to file a report required by title 8, chapter 50, part 5, within thirty-five (35) days after service of process or receipt of notice by registered or certified mail of an assessment or any other violation of the requirements of title 8, chapter 50, part 5, except where another penalty is prescribed by law. A Class 2 offense is punishable by a maximum civil penalty of not more than ten thousand dollars ($10,000). (A) For any Class 2 offense, the Tennessee ethics commission shall send an assessment letter to a person required to file, in a form sufficient to advise the person required to file, of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a person required to file for correction, a copy of the original shall be retained on file until the corrected report is returned to the Tennessee ethics commission. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 2 offense, a person shall file a petition with the commission. (b) Any candidate for state public office who fails to file any statement or report required by title 8, chapter 50, part 5, shall be ineligible to qualify for election to any state public office until the statement or report is filed with the commission. (c) The commission shall not accept a settlement in which the aggregate amount of assessed civil penalties exceeds twenty-five thousand dollars ($25,000) unless the settlement proposal is considered at either a regular meeting or, notwithstanding § 3-6-103(f) , a special meeting called by the chair in which at least twenty-four (24) hours' notice is given to each member of the commission and each party seeking a settlement proposal. If a special meeting is called pursuant to this subsection (c), an agenda for the meeting must be placed on the home page of the commission's website at least twenty-four (24) hours prior to the meeting. The agenda must include the style of any matter to be considered, and the special meeting must be limited to consideration of only the matters listed on the agenda. Amended by 2022 Tenn. Acts, ch. 1087, s 4, eff. 5/27/2022. Acts 2006 (1st Ex. Sess.), ch. 1, § 27.
(a) The Tennessee ethics commission may impose a civil penalty for a violation of title 8, chapter 50, part 5. (1) "Class 1 offense" means the late filing of any report or statement required by title 8, chapter 50, part 5. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five dollars ($25.00) per day, up to a maximum of seven hundred fifty dollars ($750). (A) The Tennessee ethics commission shall have personally served upon, or sent by return receipt requested mail, an assessment letter to any person required to file, upon the commission's discovery that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day shall begin to accrue five (5) days after personal service or receipt of the letter and shall continue to accrue until the report is filed, or for thirty (30) days, whichever occurs first. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 1 offense, a person shall file a petition with the commission. (2) "Class 2 offense" means failing to file a report required by title 8, chapter 50, part 5, within thirty-five (35) days after service of process or receipt of notice by registered or certified mail of an assessment or any other violation of the requirements of title 8, chapter 50, part 5, except where another penalty is prescribed by law. A Class 2 offense is punishable by a maximum civil penalty of not more than ten thousand dollars ($10,000). (A) For any Class 2 offense, the Tennessee ethics commission shall send an assessment letter to a person required to file, in a form sufficient to advise the person required to file, of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a person required to file for correction, a copy of the original shall be retained on file until the corrected report is returned to the Tennessee ethics commission. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 2 offense, a person shall file a petition with the commission.
(1) "Class 1 offense" means the late filing of any report or statement required by title 8, chapter 50, part 5. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five dollars ($25.00) per day, up to a maximum of seven hundred fifty dollars ($750). (A) The Tennessee ethics commission shall have personally served upon, or sent by return receipt requested mail, an assessment letter to any person required to file, upon the commission's discovery that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day shall begin to accrue five (5) days after personal service or receipt of the letter and shall continue to accrue until the report is filed, or for thirty (30) days, whichever occurs first. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 1 offense, a person shall file a petition with the commission.
(A) The Tennessee ethics commission shall have personally served upon, or sent by return receipt requested mail, an assessment letter to any person required to file, upon the commission's discovery that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day shall begin to accrue five (5) days after personal service or receipt of the letter and shall continue to accrue until the report is filed, or for thirty (30) days, whichever occurs first.
(B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 1 offense, a person shall file a petition with the commission.
(2) "Class 2 offense" means failing to file a report required by title 8, chapter 50, part 5, within thirty-five (35) days after service of process or receipt of notice by registered or certified mail of an assessment or any other violation of the requirements of title 8, chapter 50, part 5, except where another penalty is prescribed by law. A Class 2 offense is punishable by a maximum civil penalty of not more than ten thousand dollars ($10,000). (A) For any Class 2 offense, the Tennessee ethics commission shall send an assessment letter to a person required to file, in a form sufficient to advise the person required to file, of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a person required to file for correction, a copy of the original shall be retained on file until the corrected report is returned to the Tennessee ethics commission. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed. (B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 2 offense, a person shall file a petition with the commission.
(A) For any Class 2 offense, the Tennessee ethics commission shall send an assessment letter to a person required to file, in a form sufficient to advise the person required to file, of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a person required to file for correction, a copy of the original shall be retained on file until the corrected report is returned to the Tennessee ethics commission. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed.
(B) To request a waiver, reduction, or to in any way contest a penalty imposed by the Tennessee ethics commission for a Class 2 offense, a person shall file a petition with the commission.
(b) Any candidate for state public office who fails to file any statement or report required by title 8, chapter 50, part 5, shall be ineligible to qualify for election to any state public office until the statement or report is filed with the commission.
(c) The commission shall not accept a settlement in which the aggregate amount of assessed civil penalties exceeds twenty-five thousand dollars ($25,000) unless the settlement proposal is considered at either a regular meeting or, notwithstanding § 3-6-103(f) , a special meeting called by the chair in which at least twenty-four (24) hours' notice is given to each member of the commission and each party seeking a settlement proposal. If a special meeting is called pursuant to this subsection (c), an agenda for the meeting must be placed on the home page of the commission's website at least twenty-four (24) hours prior to the meeting. The agenda must include the style of any matter to be considered, and the special meeting must be limited to consideration of only the matters listed on the agenda.
Amended by 2022 Tenn. Acts, ch. 1087, s 4, eff. 5/27/2022.
Acts 2006 (1st Ex. Sess.), ch. 1, § 27.