reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 49 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-49-101 — 4-49-212) › Part 2 - FANTASY SPORTS (§§ 4-49-201 — 4-49-212) › Section 4-49-211 - Continued operation as fantasy sports operator without license - Violation

(a)
(1)
Notwithstanding Chapter 978 of the Public Acts of 2016 to the contrary, the sports wagering advisory council and other state and local entities shall allow fantasy sports operators that are operating in this state as of April 27, 2016, to continue to legally operate until the later of:
(A)
A fantasy sports operator obtaining a fantasy sports operator license; or
(B)
Sixty (60) days after applications for licensure as a fantasy sports operator are made available to the public by the sports wagering advisory council.
(2)
The sports wagering advisory council shall have until July 1, 2016, to make applications for fantasy sports operator licenses available, and thirty (30) days after receiving an initial application for such license to issue or deny the license.
(b)
Any fantasy sports operator operating in this state without a license after the later of the events described in subsection (a) shall be in violation of §
39-17-503
.
Renumbered from 47-18-1611 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 49 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-49-101 — 4-49-212) › Part 2 - FANTASY SPORTS (§§ 4-49-201 — 4-49-212) › Section 4-49-212 - Promulgation of rules - Carrying out provisions

(a)
The sports wagering advisory council is authorized to promulgate rules, as the sports wagering advisory council may deem necessary, to effectuate the purposes of this part. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The sports wagering advisory council is authorized to carry out this part through existing divisions within its office or by creating a new division as may be deemed necessary by the sports wagering advisory council.
Renumbered from 47-18-1612 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-101 - Creation of corporation

(a)
There is hereby created a corporation, which shall be known as the "Tennessee education lottery corporation."
(b)
The corporation shall be registered with the secretary of state and shall be subject to the corporate laws of the state.
(c)
The corporation shall be a body, politic and corporate, and a quasi-public instrumentality, and not a state agency or department, which shall be deemed to be acting in all respects for the benefit of the people of the state through the operation of a state lottery and in the performance of other essential public functions entrusted to it.
(d)
The corporation shall have perpetual succession and shall adopt, amend, and repeal bylaws and regulations for the conduct of its affairs.
(e)
The corporation shall strive to maximize net lottery proceeds.
(f)
Venue for the corporation is Davidson County.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-104 - Chief executive officer - Board duties

(a)
The board of directors shall appoint and shall provide for the compensation of a chief executive officer who shall be an employee of the corporation and who shall direct the day-to-day operations and management of the corporation. The chief executive officer shall be vested with such powers and duties as specified by the board and by law. The chief executive officer shall serve at the pleasure of the board.
(b)
The board of directors shall provide the chief executive officer with private sector perspectives of a large marketing enterprise.
(c)
The board of directors shall:
(1)
Approve, disapprove, amend, or modify the budget recommended by the chief executive officer for the operation of the corporation;
(2)
Approve, disapprove, amend, or modify the terms of major lottery procurements recommended by the chief executive officer;
(3)
Hear appeals required by this chapter;
(4)
Not approve a bonus for, and no bonus shall be paid to, the chief executive officer or any other of the executive employees of the corporation for any fiscal year in which lottery revenues are flat or declining as measured against the previous fiscal year's revenues;
(5)
Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in §
4-51-108
; and
(6)
Perform such other functions as specified by this chapter.
Acts 2003, ch. 297, § 2; 2009, ch. 531, § 62.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-106 - Investments

(a)
(1)
Investment of funds of the corporation shall be undertaken in a manner that first seeks to ensure preservation of principal, that next ensures the liquidity needs of the corporation are met and, after satisfaction of these objectives, seeks a market rate of return.
(2)
Pursuant to §
4-51-105(a)(3)
, the corporation shall adopt an investment policy to govern the investment of assets consistent with the objectives listed in subdivision (a)(1).
(3)
A copy of the corporation's investment policy, and any revisions to that policy, shall be filed with the state funding board.
(b)
The corporation shall be authorized to invest in securities as provided in §
9-4-602
; provided, however, that if the business needs of the corporation necessitate investment in securities or classes of securities not specifically authorized in §
9-4-602
, the corporation shall be authorized to invest in such additional securities or classes of securities after filing a statement with the state funding board describing the need for, and nature of, such additional security or classes of securities.
(c)
The corporation is authorized, but not required, to invest its moneys as part of the local government investment pool created in title 9, chapter 4, part 7 and shall be deemed to be eligible for participation in such pool.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-107 - Bank accounts

(a)
In accordance with §
4-51-105(a)(16)
, the corporation shall establish and maintain bank accounts only in institutions deemed to be qualified public depositories pursuant to title 9, chapter 4, part 5; provided, however, that if business needs dictate the establishment of accounts with an institution other than a qualified public depository, the corporation may create such accounts after filing a statement with the state funding board describing the business need for accounts at such an institution and the corporation's plan for securing funds on deposit with such an institution.
(b)
For purposes of §
45-2-611
, the corporation shall be considered a "governmental entity" and funds in its possession shall be deemed to be "public funds."
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-114 - Vendor - Performance bond or letter of credit-Minority-owned business waiver

(a)
(1)
(A)
Except as provided in subdivision (a)(2), each vendor shall, at the execution of the contract with the corporation, post a performance bond or letter of credit from a bank or credit provider acceptable to the corporation in an amount as deemed necessary by the corporation for that particular bid or contract. In lieu of the bond, a vendor may, to assure the faithful performance of its obligations, deposit and maintain with the corporation securities that are interest bearing or accruing and that are rated in one (1) of the three (3) highest classifications by an established nationally recognized investment rating service. Securities eligible under this section are limited to:
(i)
Certificates of deposit issued by solvent banks or savings associations approved by the corporation and that are organized and existing under the laws of this state or under the laws of the United States;
(ii)
United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and
(iii)
Corporate bonds approved by the corporation. The corporation that issued the bonds shall not be an affiliate or subsidiary of the depositor.
(B)
Such securities shall be held in trust and shall have at all times a market value at least equal to the full amount estimated to be paid annually to the lottery vendor under contract.
(2)
Because of certain economic considerations, minority businesses may not be financially able to comply with the bonding, deposit of securities, or letter of credit requirements of subdivision (a)(1). In order to assure minority participation in major procurement contracts to the most feasible and practicable extent possible, the chief executive officer is authorized and directed to waive the bonding, deposit of securities, and letter of credit requirements of subdivision (a)(1) for a period of five (5) years from the time that a minority business enters into a major procurement contract in cases where any minority business substantiates financial hardship pursuant to the policies and procedures established by the board.
(b)
Each vendor shall be qualified to do business in this state and shall file appropriate tax returns as provided by the laws of this state. All contracts under this section shall be governed by the laws of the state.
(c)
No contract shall be secured with any vendor in which a public officer, as covered in §
8-50-501(a)
, or an employee of such officer, has an ownership interest of one percent (1%) or more.
Acts 2003 , ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-116 - Lottery retailer advisory board

(a)
The chair of the board of directors shall appoint a lottery retailer advisory board to be composed of twelve (12) lottery retailers, four (4) from each grand division, representing the broadest possible spectrum of geographical, racial, and business characteristics of lottery retailers. The function of the advisory board shall be to advise the board of directors on retail aspects of the lottery and to present the concerns of lottery retailers throughout the state.
(b)
Members appointed to the lottery retailer advisory board shall serve terms of two (2) years; provided, however, that six (6) of the initial appointees shall serve terms of one (1) year.
(c)
The advisory board shall establish its own rules and internal operating procedures. The advisory board may report to the board of directors or to the state and local government committee of the senate and the state government committee of the house of representatives in writing at any time. The board of directors may invite the advisory board to make an oral presentation to the board of directors at regular meetings of the board.
(d)
As an operating expense of the corporation, members of the advisory board shall receive a per diem not to exceed the per diem provided to members of the general assembly pursuant to §
3-1-106
, for each day's service spent in the performance of the duties and responsibilities of the advisory board.
Amended by 2013 Tenn. Acts, ch. 236,s 65, eff. 4/19/2013.
Acts 2003, ch. 297, § 2; 2012, ch. 925, § 16.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-117 - Lottery retailer contract

(a)
No lottery retailer contract shall be transferable or assignable.
(b)
No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.
(c)
Lottery tickets and shares shall only be sold by the retailer stated on the lottery retailer certificate of authority.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-118 - Retailer fidelity fund - Retailer fee - Reserve account to cover losses - Retailer bond

(a)
The corporation may establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed one hundred dollars ($100) per sales location. In accordance with §
4-51-106
, the corporation is authorized to invest the funds or place such funds in one (1) or more interest-bearing accounts. Moneys deposited to the fund may be used to cover losses the corporation experiences due to nonfeasance, misfeasance or malfeasance of a lottery retailer. In addition, the funds may be used to purchase blanket bonds covering the corporation against losses from all lottery retailers. At the end of each fiscal year, the corporation shall pay to the lottery for education account any amount in the fidelity fund that exceeds five hundred thousand dollars ($500,000), and such funds shall be commingled with and treated as net proceeds from the lottery.
(b)
A reserve account may be established as a general operating expense account to cover amounts deemed uncollectable. The corporation shall establish procedures for minimizing any losses that may be experienced for the foregoing reasons and shall exercise and exhaust all available options in such procedures prior to amounts being written off to this account.
(c)
(1)
The corporation may require any retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation; provided, however, that after one (1) full fiscal year of lottery operations the amount of any such bond shall not exceed the applicable district sales average of lottery tickets for two (2) quarterly billing periods.
(2)
In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest bearing or accruing. Securities eligible under this subdivision (c)(2) shall be limited to:
(A)
Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States;
(B)
United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest;
(C)
Federal agency securities by an agency or instrumentality of the United States government.
(3)
Such securities shall be held in trust in the name of the corporation.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-119 - Retail contract - Cancellation, suspension, revocation or termination

(a)
Any retail contract executed by the corporation pursuant to this chapter shall specify the reasons for which a contract may be cancelled, suspended, revoked, or terminated by the corporation, which reasons shall include, but not be limited to:
(1)
Commission of a violation of this chapter, a regulation, or a policy or procedure of the corporation;
(2)
Commission of a violation of title 39, chapter 17, part 6, relative to lottery offenses;
(3)
Failure to accurately or timely account for lottery tickets, lottery games, revenues, or prizes as required by the corporation;
(4)
Commission of any fraud, deceit, or misrepresentation;
(5)
Insufficient sales;
(6)
Conduct prejudicial to public confidence in the lottery;
(7)
The retailer filing for or being placed in bankruptcy or receivership;
(8)
Any material change as determined in the sole discretion of the corporation in any matter considered by the corporation in executing the contract with the retailer; or
(9)
Failure to meet any of the objective criteria established by the corporation pursuant to this chapter.
(b)
If, in the discretion of the chief executive officer, or such officer's designee, cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the state, the chief executive officer, or such officer's designee, may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, any contract issued pursuant to this chapter. Such contract may, however, be temporarily suspended by the chief executive officer or a designee without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the chief executive officer. A contract may be suspended, revoked or terminated by the chief executive officer, or such officer's designee, for any one (1) or more of the reasons enumerated in subsection (a). Any hearing held shall be conducted by the chief executive officer or such officer's designee. A party to the contract aggrieved by the decision of the chief executive officer, or such officer's designee, may appeal the adverse decision to the board. Such appeal shall be pursuant to the regulations, policies, and procedures set by the board and is not subject to the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-120 - Lottery retailers - Fiduciary duty - Protection against loss

(a)
All proceeds from the sale of the lottery tickets or shares shall constitute a trust fund until paid to the corporation either directly or through the corporation's authorized collection representative. A lottery retailer and officers of a lottery retailer's business shall have a fiduciary duty to preserve and account for lottery proceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes sold to or paid to winners by lottery retailers. Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand.
(b)
(1)
Pursuant to §
4-51-105(a)(3)
, the corporation shall adopt and enforce policies designed to safeguard and limit the opportunity for loss of lottery proceeds that are not in the possession of the corporation. Such policies may include, but are not limited to:
(A)
Requirements governing financial institutions into which retailers shall deposit lottery proceeds;
(B)
Requirements for the establishment of separate accounts for the deposit of lottery proceeds by retailers;
(C)
The timing of deposit of lottery proceeds by retailers; and
(D)
The timing of withdrawal of funds from retailer accounts by the corporation.
(2)
Any policies designed to safeguard and limit the opportunity for loss of lottery proceeds, and any revisions to such policies, shall be filed with the state funding board.
(c)
Notwithstanding any law to the contrary, whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer becomes insolvent or dies insolvent, the proceeds due the corporation from such person or that person's estate shall have preference over all debts or demands.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-121 - Lottery retailer - Rental payments based on percentage of retail sales

If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state-operated or state-managed lottery, only the compensation received by the lottery retailer from the corporation may be considered in determining the amount of the lottery retail sales for purposes of computing the rental payment.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-122 - Restrictions on sales

(a)
In accordance with title 39, chapter 17, part 6:
(1)
No person shall sell a ticket or share at a price other than the price established by the corporation unless authorized in writing by the chief executive officer;
(2)
No person, other than a duly certified lottery retailer, shall sell lottery tickets or shares;
(3)
This subsection (a) shall not be construed to prevent a person who may lawfully purchase tickets or shares from making a gift of lottery tickets or shares to another;
(4)
This subsection (a) shall not be construed to prevent a merchant who may lawfully purchase tickets or shares from making a gift of lottery tickets or shares as a means of promoting goods or services to customers or prospective customers subject to prior approval by the corporation; and
(5)
This subsection (a) shall not be construed to prohibit the corporation from designating certain of its agents and employees to sell or give lottery tickets or shares directly to the public.
(b)
No lottery retailer shall sell a lottery ticket or share except from the locations listed in the retailer's contract and as evidenced by the retailer's certificate of authorization unless the corporation authorizes in writing any temporary location not listed in the retailer's contract.
(c)
In accordance with title 39, chapter 17, part 6, no lottery tickets or shares shall be sold to persons under eighteen (18) years of age; provided, however, that nothing in this chapter or title 39, chapter 17, part 6, prohibits the purchase of a lottery ticket or share by a person eighteen (18) years of age or older for the purpose of making a gift to any person of any age. In such case, the corporation shall direct payment of proceeds of any lottery prize to an adult member of the person's family or a legal representative of the person on behalf of such person.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-125 - Intelligence sharing, reciprocal use, or restricted use agreements

(a)
The corporation may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions that provide for and regulate the use of information provided and received pursuant to the agreement.
(b)
Records, documents, and information in the possession of the corporation received pursuant to an intelligence-sharing, reciprocal use, or restricted use agreement entered into by the corporation with a federal department or agency, any law enforcement agency, the lottery regulation agency, or gaming enforcement agency of any jurisdiction shall be considered investigative records of a law enforcement agency and are not subject to §
10-7-503
and shall not be released under any condition without the permission of the person or agency providing the record or information.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-127 - Appealing final actions of the board

(a)
Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by a final action of the board may appeal that decision to the chancery court of Davidson County.
(b)
The chancery court of Davidson County shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be:
(1)
Clearly erroneous;
(2)
Arbitrary and capricious;
(3)
Procured by fraud;
(4)
A result of substantial misconduct by the board; or
(5)
Contrary to the United States Constitution or the Constitution of Tennessee or this chapter.
(c)
The chancery court may remand an appeal to the board to conduct further hearings.
(d)
Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system, or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award is upheld. Costs of appeal and defense shall include, but are not limited to, court costs, bond and attorney's fees; provided that, upon motion of the corporation, such costs shall also include any loss of income to the corporation resulting from institution of the appeal if the court finds the appeal to have been frivolous.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-128 - Disposition of funds

(a)
The corporation may borrow, or accept and expend, in accordance with this chapter, such moneys as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes, including the payment of the initial expenses of initiation, administration, and operation of the corporation and the lottery, and other lottery related purposes, including the payment of the initial expenses of initiation, administration, and operation of educational programs and purposes.
(b)
The corporation shall be self-sustaining and self-funded. Moneys in the state general fund shall not be used or obligated to pay the expenses of the corporation or prizes of the lottery and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any moneys other than moneys credited to the corporation operating account.
(c)
The corporation may purchase, lease, or lease-purchase such goods or services as are necessary for effectuating the purposes of this chapter. The corporation may make procurements that integrate functions such as lottery game design, lottery ticket distribution to retailers, supply of goods and services, and advertising. In all procurement decisions, the corporation shall take into account the particularly sensitive nature of the state lottery and shall act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net lottery proceeds for the benefit of educational programs and purposes.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-130 - Ineligibilty

(a)
No member of the general assembly, the governor, a member of the governor's cabinet or a cabinet-level member of the governor's staff shall serve as a director or employee of the corporation while holding such position in state government.
(b)
No member of the general assembly, the governor, a member of the governor's cabinet or a cabinet-level member of the governor's staff shall serve as an employee, or otherwise receive compensation or other benefit for consultation or services rendered directly or indirectly through a partnership, corporation or other business entity, from an on-line or instant ticket lottery vendor of the Tennessee education lottery corporation or an on-line or instant ticket lottery vendor seeking to become a vendor of the Tennessee education lottery corporation, while holding such position in state government. Nothing in this subsection (b) shall be construed as prohibiting continued employment of such official by a partnership, corporation, or other business entity receiving compensation from an on-line or instant ticket lottery vendor if:
(1)
Such official has no direct or indirect contact with an on-line or instant ticket lottery vendor; and
(2)
Such official does not share in any compensation or any benefit received from an on-line or instant ticket lottery vendor.
(c)
This section shall not apply to any employee of the corporation or of an on-line or instant ticket lottery vendor who, subsequent to such employment, seeks election to the general assembly or the office of governor. No provision of this subsection (c) shall be construed as prohibiting such employee from continuing in such employment during the individual's term in office as a member of the general assembly.
(d)
This section also applies to any children residing in the primary residence and the spouse of any member of the general assembly, the governor, a member of the governor's cabinet or a cabinet-level member of the governor's staff.
(e)
A violation of this section is a Class C misdemeanor punishable only by a fine of one thousand dollars ($1,000).
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-131 - Corporation participation in the Tennessee consolidated retirement system

(a)
The Tennessee education lottery corporation shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon:
(1)
Passage of a resolution by the corporation's board of directors authorizing an actuarial study; and
(2)
Passage of a resolution by the corporation's board of directors authorizing such participation and accepting the liability as a result of the participation by its full-time employees.
(b)
The employees of the corporation shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part.
(c)
The employees shall be entitled to credit for prior service as approved by the board of directors of the corporation under the same provisions that apply to employees of local governments.
(d)
The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the corporation or their beneficiaries for which reserves have not been previously created from funds contributed by the corporation, its employees or the corporation and its employees.
(e)
In case of the withdrawal of the corporation as a participating employer, the benefits of the members and beneficiaries shall be determined in accordance with §
8-35-211
.
(f)
It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the corporation.
Acts 2003, ch. 297, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-132 - Preemption

The general assembly, by enacting this chapter and title 39, chapter 17, part 6, intends to preempt any other regulation of the area covered by this chapter and title 39, chapter 17, part 6. No political subdivision or agency may enact or enforce a law, ordinance, resolution or regulation that regulates or prohibits any conduct in the area covered by this chapter and title 39, chapter 17, part 6.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-133 - List of individuals collecting more than $3,500

On a monthly basis, the Tennessee education lottery corporation shall provide to the department of human services the following information of any individual collecting a prize of more than three thousand five hundred dollars ($3,500):
(1)
Name;
(2)
Prize amount; and
(3)
Any other available identifying information.
Amended by 2020 Tenn. Acts, ch. 622, s 1, eff. 3/25/2020.
Added by 2017 Tenn. Acts, ch. 191, s 2, eff. 12/1/2017.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-134 - Participation in "Amber Alert."

The Tennessee education lottery corporation shall formulate and implement a plan, in cooperation with the Tennessee bureau of investigation, for the Tennessee lottery's participation in the state's AMBER ALERT program via on-line lottery ticket terminals and all other appropriate media and technology at the corporation's disposal.
Acts 2004, ch. 841, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-135 - Immunity of corporation - Corporation employees considered state employees - Property and casualty insurance

(a)
The corporation is immune from all tort causes of action. Notwithstanding §
4-51-101(c)
or any other law to the contrary, the corporation shall be considered a state agency for purposes of title 9, chapter 8, parts 3 and 4; provided, that the corporation shall not be considered a state agency for purposes of contract and workers' compensation actions. Actions for workers' compensation and contract actions, as provided in this chapter, may be brought against the corporation only in the chancery court for Davidson County.
(b)
Corporation employees shall be considered state employees for purposes of §§
8-42-103
,
9-8-112
and
9-8-307
; provided, that such employees shall not be considered state employees for workers' compensation coverage, pursuant to §
9-8-307(a)(1)(K)
.
(c)
The corporation shall have the authority to participate in the department of treasury's property/casualty risk program pursuant to title 12, chapter 4, part 10, for all buildings and building contents owned by the corporation, or that the corporation is contractually obligated to insure.
(d)
The corporation shall pay to the state, as a premium, any contribution required by the risk management fund under this section.
(e)
It is the legislative intent that the state shall incur no additional liability as a result of this section.
(f)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 450, s 32, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 507, s 4, eff. 7/1/2019.
Acts 2005, ch. 417, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-136 - Lottery ticket litter reduction program

The corporation shall establish a lottery ticket litter reduction program. In development of the program, the corporation is encouraged to examine successful litter reduction and recycling programs as established in other jurisdictions, including, but not limited to, the use of second chance drawings, nonwinning ticket collection incentives and other promotional recycling activities.
Acts 2006, ch. 893, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 1 - GENERAL PROVISIONS (§§ 4-51-101 — 4-51-137) › Section 4-51-137 - Establishment of mechanism for lottery ticket winner to make charitable contribution

The board, in coordination with the secretary of state, shall establish a mechanism whereby a lottery ticket winner of a drawing-style game may, upon redemption of prize money of one million dollars ($1,000,000) or more, make a charitable contribution of ten percent (10%) of the total prize money, either before taxes or after payment of taxes and fees, to a 501(c)(3) or 501(c)(19) nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
) or Section 501(c)(19) of the Internal Revenue Code (
26 U.S.C. § 501(c)(19)
), as applicable. The board shall carry out its duties under this section no later than January 1, 2019. This section does not apply to instant or scratch-off games.
Acts 2018, ch. 1022, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 2 - DEBTORS OWING MONEY TO THE STATE (§§ 4-51-201 — 4-51-206) › Section 4-51-201 - Purpose - Construction

The purpose of this part is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under part 1 of this chapter from the corporation. It is also the purpose of this part to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the general assembly that this part be liberally construed to effectuate these purposes.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 2 - DEBTORS OWING MONEY TO THE STATE (§§ 4-51-201 — 4-51-206) › Section 4-51-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Claimant agency" means any state agency, department, board, bureau, commission, or authority to which an individual owes a debt or that acts on behalf of an individual to collect a debt;
(2)
"Debt" means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law, regardless of whether there is an outstanding judgment for the sum or any sum that is due and owing any person and is enforceable by the state or any of the claimant agencies of the state. "Debt" specifically includes, but is not limited to, uncollected amounts owed by any person due to judgments for overdue child support as provided by title 36, chapter 5;
(3)
"Debtor" means any individual owing money or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. "Debtor" specifically includes, but is not limited to, all persons who are required by any order to pay child support and whose payments are overdue as provided by title 36, chapter 5, and which payments have become judgments by operation of law pursuant to §
36-5-101(a)(5)
, or by law in any other state or territory, or by judgment of a court in this or any other state or territory; and
(4)
"Prize" means the proceeds of any lottery prize awarded under part 1 of this chapter.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 2 - DEBTORS OWING MONEY TO THE STATE (§§ 4-51-201 — 4-51-206) › Section 4-51-203 - Collection remedy

The collection remedy authorized by this part is in addition to and not in substitution for any other remedy available by law.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 2 - DEBTORS OWING MONEY TO THE STATE (§§ 4-51-201 — 4-51-206) › Section 4-51-205 - Confidential information

(a)
Pursuant to §
4-51-124
, the corporation shall provide to a claimant agency all information necessary to accomplish and effectuate the intent of this part.
(b)
The information obtained by a claimant agency from the corporation in accordance with this part shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to a civil penalty of fifty dollars ($50.00), which shall be collected by the claimant agency as otherwise provided by law.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 51 - TENNESSEE EDUCATION LOTTERY IMPLEMENTATION LAW (§§ 4-51-101 — 4-51-301) › Part 2 - DEBTORS OWING MONEY TO THE STATE (§§ 4-51-201 — 4-51-206) › Section 4-51-206 - Application

This part shall only apply to prizes of six hundred dollars ($600) or more.
Acts 2003, ch. 297, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-101 - Establishment

There is established the "Governor's Books from Birth Fund."
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-102 - Purpose

The fund shall promote and foster the development of a comprehensive statewide program for encouraging preschool children to read.
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-103 - Staff, office space and supplies - Travel expenses - Administrative attachment

(a)
Any agency of state government may provide staff and other assistance to the fund, subject to existing statutes, rules, and policies.
(b)
Subject to existing statutes, rules, and policies, the fund may procure office space and supplies necessary to enable the fund to effectively carry out the program.
(c)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
For administrative purposes, the fund shall be attached to the department of education.
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-104 - Contracts and agreements

The fund may enter into such contractual and promotional agreements necessary to effectively stimulate a statewide program for encouraging preschool children to read.
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-105 - Partnership with nonprofit public benefit corporation

(a)
The fund is authorized to partner with a nonprofit public benefit corporation that is organized solely to promote and encourage reading by the children of the state of Tennessee, for the purpose of implementing the early reading initiatives of the fund.
(b)
The nonprofit partner shall have its board of directors elected by a process approved annually by the governor or the governor's designee. The nonprofit partner's board may select its own chairperson.
(c)
The nonprofit partner shall be properly incorporated under the laws of the state of Tennessee, and approved by the internal revenue service as an organization that is exempt from federal income tax under § 501(a) of the Internal Revenue Code (
26 U.S.C. § 501(a)
), by virtue of being an organization described in § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
).
(d)
The nonprofit partner may receive funds from the general public, and also may receive funds from the state of Tennessee, at such times and in such amounts as appropriated by the general assembly.
(e)
Costs to underwrite the nonprofit partner's activities related to the fund shall be borne from revenues of the nonprofit partner and no state employee shall benefit from such proceeds.
(f)
The nonprofit partner may exercise all powers authorized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68.
(g)
The nonprofit partner may receive staff and other assistance from any agency of state government, subject to existing statutes, rules, and policies.
(h)
All funds that are held by the fund on June 30, 2005, shall be transferred to the nonprofit partner for the purposes described in this chapter.
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-106 - Authorization to work with local government, private organizations and citizens

The governor's books from birth fund and the nonprofit partner may work with local governments, private organizations and citizens as it plans and engages in activities related to the fund.
Acts 2005, ch. 416, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 52 - GOVERNOR'S BOOKS FROM BIRTH FUND (§§ 4-52-101 — 4-52-111) › Section 4-52-107 - Participation by nonprofit partner in retirement system

(a)
The nonprofit partner shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the nonprofit's board of directors authorizing:
(1)
An actuarial study; and
(2)
Participation, and accepting the liability as a result of the participation, by its full-time employees.
(b)
The employees of the nonprofit partner shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this chapter.
(c)
The employees of the nonprofit partner shall be entitled to credit for prior service, as approved by the board of directors of the nonprofit, under the same provisions that apply to employees of local governments.
(d)
The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the nonprofit partner, or the beneficiaries of such employees, for which reserves have not been previously created from funds contributed by the nonprofit partner, its employees or the nonprofit partner and its employees.
(e)
In case of the withdrawal of the nonprofit partner as a participating employer, the benefits of the members and beneficiaries shall be determined in accordance with §
8-35-211
.
(f)
It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the nonprofit partner.
Acts 2005, ch. 416, § 1.