Tennessee § 49-4-901 - Disposition of lottery proceeds.

§ 49-4-901. Disposition of lottery proceeds.

Net proceeds of the state lottery shall be used exclusively for the purposes set out in the Constitution of Tennessee, Article XI, § 5 and this part. The net proceeds shall be used to supplement, not supplant, existing resources for educational purposes, projects and programs. It is the intent of the general assembly that if there exist net proceeds of the state lottery in excess of those allocated to provide financial assistance to citizens of this state to enable such citizens to attend postsecondary educational institutions located in this state, then the excess net proceeds shall be allocated first to early learning programs. It is further the intent of the general assembly that the scholarship and grant programs established under this part shall not create an entitlement to financial assistance to enable attendance at a postsecondary institution for any student. Acts 2003, ch. 298, § 1. Compiler's Notes. Acts 2003, ch. 298, § 2 provided that: “(1) The citizens of Tennessee in November 2002 approved an amendment to the Constitution of Tennessee to permit a state lottery, if the net proceeds of such lottery are used to provide financial assistance to Tennesseans to enable them to attend postsecondary institutions in this state, with excess proceeds used for capital outlay projects for K-12 educational facilities and early learning and after school programs; “(2) The availability of such financial assistance for postsecondary education should be structured to inspire students from a very early age to aspire to academic excellence in order to attend institutions of higher education; “(3) Such financial assistance should assist Tennesseans without the means the opportunity to attend institutions of higher education; “(4) Such financial assistance should be designed to increase the number of Tennesseans holding associate and baccalaureate degrees; “(5) The ultimate goal of such financial assistance should be to improve quality of life for all Tennesseans and to enhance the desirability of Tennessee as a place without equal in which to live and work; and “(6) The decision as to how to provide such financial assistance should be made after thorough study and deliberation.” Acts 2003, ch. 298, § 3 provided for the creation, membership and duties of a special joint committee to study the manner in which financial assistance for Tennesseans to attend postsecondary institutions in Tennessee shall be provided from net lottery proceeds of the state lottery. Cross-References. Early childhood development act, § 37-3-701 et seq. Law enforcement efforts, § 39-15-413 . Lotteries, Tenn. Const., art. XI, § 5. Lotteries, chain letters and pyramid clubs, § 39-17-506 . Lottery not gambling, § 8-47-127 . Lottery sales, title 39, ch. 17, part 6. Possession of gambling device or record, forfeiture, § 39-17-505 . Tennessee Education Lottery Corporation, title 4, ch. 51, part 1. Tennessee Education Lottery Implementation Law, title 4, ch. 51. Tennessee Lottery Funds for Education Projects Loan Act of 2003, title 4, ch. 31, part 10. Law Reviews. Let the Games Begin: Examining the Lottery (John P. Williams), 39 No. 11 Tenn. B.J. 18 (2003). Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621 . Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623 , and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).