Tennessee § 3-17-105 - Omnibus list.

§ 3-17-105. Omnibus list.

The secretary shall examine each annual event application submitted under this chapter for inclusion on the omnibus list. An annual event shall be included on the omnibus list if: All annual event application filing requirements of § 3-17-104 are met; The secretary determines that the nonprofit organization has been recognized by the internal revenue service as a tax exempt nonprofit organization and that such exemption is valid at the time of filing an annual event application; The secretary determines that the organization is a nonprofit organization as defined in § 3-17-102; and The type of lottery game is authorized by the provisions of this chapter and article XI, § 5 of the Constitution of Tennessee. The secretary shall establish rules and regulations concerning the acceptance of amendments to annual event applications otherwise consistent with this chapter including, but not limited to, amendments concerning conflicting locations for an annual event. Notwithstanding any law to the contrary, an organization may submit a request for a location or date change, regardless of whether such location or date is in actual conflict with another organization, to the secretary no later than twelve o'clock (12:00) noon central standard time (CST) on the fifteenth day of February each year. The secretary shall include all qualified annual event applicants on an omnibus list to be transmitted to the general assembly pursuant to the provisions of § 3-17-103(b). Except as provided in subdivision (d)(2)(B), no extension of time shall be granted for submission, or completion, of an annual event application after the application deadline has passed for the appropriate annual event period. Except as provided in subdivision (d)(2)(B), the secretary shall have no authority to accept, and shall not accept, an annual event application, or an amendment to an annual event application, submitted after the application deadline has passed for the appropriate annual event period as established pursuant to § 3-17-103(a)(1). For annual event applications submitted by twelve o'clock (12:00) noon central standard time (CST) prior to January 31 each year, the secretary shall notify any organization that would not otherwise be included on the omnibus list of the reason, or reasons, why such organization would not be included. Such notification shall be made by February 15 each year. Any such organization may submit an amended annual event application to the secretary no later than February 25 each year. Any such annual event shall be included on the omnibus list if the amended annual event application complies with this chapter. An annual event application may be permanently withdrawn prior to the date of transmission of the omnibus list to the general assembly; provided, that once withdrawn, the nonprofit organization may not resubmit an annual event application for the annual event period in which the previously submitted application was withdrawn. If an annual event application is not included in the omnibus list, the secretary shall transmit notification to the applicant stating the basis for such non-inclusion by close of business on the last day of February. An applicant whose application is not included in the omnibus list may request in writing that the secretary reconsider the determination; provided, that such written request is filed with the secretary within three (3) calendar days from the date of notification of non-inclusion required by § 3-17-105(f). The secretary shall reconsider such determination and issue a final decision within seven (7) calendar days of receipt of such written request for reconsideration. [Deleted by 2016 amendment.] Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 8, 9; 2004, ch. 890, § 3; 2005, ch. 207, § 15; 2006, ch. 508, § 7; 2009, ch. 177, § 7; 2014, ch. 699, §§ 14-16; 2015, ch. 134, § 16; 2016, ch. 821, §§ 2-5. Compiler's Notes. Acts 2004, ch. 476, § 13 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Acts 2014, ch. 699, § 28 provided that the act, which amended this section, shall apply to annual event applications submitted, and annual events authorized, on and after July 1, 2014. Acts 2014, ch. 699, § 27 provided that the act, which amended this section, shall not be construed as rescinding authorization, prohibiting or otherwise altering the requirements for annual events authorized by the One Hundred Eighth General Assembly for the annual event period beginning July 1, 2013, and ending June 30, 2014, and the annual event period beginning July 1, 2014, and ending June 30, 2015. Amendments. The 2014 amendment substituted “no later than twelve o'clock (12:00) noon central standard time (CST) on the fifteenth day of February each year” for “no later than twelve o'clock (12:00) noon central daylight time (CDT) on May 10, 2004, and no later than twelve o'clock (12:00) noon central standard time (CST) on the first day in February in any subsequent year” at the end of (b)(2); and, in (d)(2), substituted “§ 3-17-103(a)(1) ” for “§ 3-17-103(a)(1) or (f)” at the end of (A), and rewrote (B) which read: “For annual event applications submitted by twelve o'clock (12:00) noon central daylight time (CDT) on April 20, 2004, for the annual event period beginning July 1, 2004, and ending June 30, 2005, prior to November 1, 2004, for the annual event period beginning July 1, 2005, and ending June 30, 2006, and prior to January 1 in any subsequent year for subsequent annual event periods, the secretary shall notify any organization that would not otherwise be included on the omnibus list of the reason, or reasons, why such organization would not be included. Such notification shall be made prior to May 10, 2004, and by January 15th in any subsequent year. Any such organization may submit an amended annual event application to the secretary no later than twelve o'clock (12:00) noon central daylight time (CDT) on May 10, 2004, and no later than twelve o'clock (12:00) noon central standard time (CST) on the first day in February in any subsequent year. Any such annual event shall be included on the omnibus list if the amended annual event application complies with this chapter.” The 2015 amendment substituted “nonprofit” for “501(c)(3)” throughout the section. The 2016 amendment substituted “no later than February 25 each year” for “no later than twelve o'clock (12:00) noon CST on the last day of February” at the end of the penultimate sentence of (d)(2)(B); in (f), added “by close of business on the last day of February” at the end, and deleted the former second sentence which read: “The secretary shall transmit such notice to the applicant at the primary mailing address listed in such applicant's annual event application.”; in (g), in the first sentence substituted “three (3) calendar days” for “ten (10) calendar days” and added “required by § 3-17-105(f) ” at the end, and substituted “within seven (7) calendar days” for “within ten (10) calendar days” in the last sentence; and deleted former (h) which read: “(h)(1) Review of final decisions of the secretary shall be heard by the Tennessee claims commission in accordance with rules and regulations promulgated by the commission. It is the intent of the general assembly that reviews pursuant to this subsection (h) shall be heard on an expedited basis. The venue for any such review shall be in the middle division of the Tennessee claims commission.“(2) A petition for review shall be filed not later than ten (10) calendar days after issuance of the final decision by the secretary. Copies of the petition shall be served upon the secretary and the attorney general and reporter.“(3) The review shall be conducted by the claims commission on the small claims docket pursuant to § 9-8-403 and shall be confined to the record of proceedings before the secretary.“(4) The claims commission shall issue written findings of fact and conclusions of law as to whether the secretary's decision was:“(A) Clearly erroneous; or“(B) Arbitrary and capricious. “(5) The claims commission shall have no authority to award monetary damages in any review made pursuant to this section.” Effective Dates. Acts 2014, ch. 699, § 28. July 1, 2014. Acts 2015, ch. 134, § 28. April 14, 2015. Acts 2016, ch. 821, § 8. July 1, 2016.