(a)

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Terms Used In Tennessee Code 4-49-105

  • Contract: A legal written agreement that becomes binding when signed.
  • Council: means the sports wagering council. See Tennessee Code 4-49-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person who holds a license issued under §. See Tennessee Code 4-49-102
  • Minor: means a person who is less than twenty-one (21) years of age. See Tennessee Code 4-49-102
  • Person: means an individual, group of individuals, trust, or business entity. See Tennessee Code 4-49-102
  • Quorum: The number of legislators that must be present to do business.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) There is created the sports wagering council to enforce this part and supervise compliance with laws relating to the regulation and control of wagering on sporting events in this state.
(2) The council shall hire an executive director to direct and oversee the day-to-day operations and management of sports gaming under this part and other employees as deemed necessary by the council to assist the executive director and carry out the duties of the council. The executive director will be vested with such powers and duties as specified by the council by rule.
(3) The council shall establish the salaries of the executive director and employees hired under this subsection (a) and such executive director and employees serve at the pleasure of the council.
(b) The council is composed of nine (9) members appointed as follows:

(1) Three (3) by the governor, with one (1) member from each grand division of this state;
(2) Three (3) by the speaker of the senate, with one (1) member from each grand division of this state; and
(3) Three (3) by the speaker of the house of representatives, with one (1) member from each grand division of this state.
(c) Prior to the appointment of a person to the council, the appointing authority shall submit the name of the potential member to the Tennessee bureau of investigation. The bureau shall conduct a criminal records check on all such persons pursuant to § 38-6-109. The bureau may contract with any other law enforcement agency to assist in such investigation. Such potential member shall supply a set of fingerprints upon request and in the manner requested by the investigating entity.
(d) The term of each member begins on July 1. For purposes of staggering the terms of the council, each appointing authority shall appoint one (1) member to a term of four (4) years, one (1) member to a term of three (3) years, and one (1) member to a term of (2) years.
(e) After the initial terms, the term of an appointed or reappointed member is four (4) years. However, the term of a reappointed member or a new appointee replacing an existing member begins on the day of the expiration of the prior term.
(f) Notwithstanding subsection (e), at the end of the member’s term, the member shall continue to serve until a replacement is appointed by the appropriate appointing authority.
(g)

(1) Each member of the council must:

(A) Be a citizen of the United States;
(B) Be, and remain, a resident of this state; and
(C) Possess and demonstrate honesty, integrity, and good character.
(2) A person is not eligible for appointment to the council if the person:

(A) Holds any elective office in state government;
(B) Is an officer or official of any political party;
(C) Has a direct pecuniary interest in the sports wagering or gaming industry;
(D) Has been convicted of a felony;
(E) Has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor;
(F) Has been convicted of any violation under this part; or
(G) Has been convicted of any offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (g)(2)(D)-(F).
(h) In making appointments to the council, the appointing authorities shall strive to ensure that the council membership is diverse in educational background, ethnicity, race, gender, and geographic residency and has experience in:

(1) The sports industry;
(2) Accounting; and
(3) Law enforcement.
(i) A vacancy on the council must be filled for the balance of the unexpired term in the same manner as the original appointment.
(j) Five (5) members of the council constitute a quorum for the purposes of voting and conducting the business of the council.
(k) The council shall elect a chair from among its membership. The chair shall serve in that capacity for one (1) year and is eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of other members.
(l) The council shall meet not less than quarterly, and may hold additional regular and special meetings at the call of the chair.
(m) The members must be reimbursed for per diem and travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(n)

(1) Meetings of the council are subject to the public meeting requirements prescribed in title 8, chapter 44, part 1; provided, that the council may meet virtually using an internet platform in emergency circumstances in a manner prescribed by rule of the council and in accordance with subdivision (n)(2).
(2) Virtual emergency meetings may only be conducted if the council:

(A) Not less than twenty-four (24) hours prior to the meeting, provides on its website public notice of the meeting;
(B) Provides adequate electronic or other notice to each licensee or permittee with an interest in the meeting, if applicable;
(C) Provides an audio or video feed of the meeting on its website which is accessible to the general public; and
(D) Provides a mechanism by which any licensee or permittee subject to disciplinary action at the meeting, if applicable, has the opportunity to provide testimony and submit evidence to the council members electronically.
(3) Disciplinary action taken against a licensee or permittee at a virtual emergency meeting under this subsection (n) is temporary until the council conducts a full investigative hearing on the matter in accordance with § 4-49-126 not later than five (5) business days after the conclusion of the virtual emergency meeting. If the council does not comply with this subdivision (n)(3), the disciplinary action of the council taken at the virtual emergency meeting is null and void.
(o) The council may from time to time convene an ad hoc advisory committee composed of nonmembers with particular expertise in an area or areas relative to sports gaming to:

(1) Advise the board of best practices with respect to sports wagering;
(2) Provide administrative and technical advice to the board with respect to sports wagering;
(3) Conduct research or perform studies relative to sports wagering; and
(4) Perform any other activities to assist the council in carrying out its duties.
(p) The council may, in its discretion, reimburse members of an ad hoc advisory committee convened under subsection (o) for per diem and travel expenses in accordance with the comprehensive travel rules as promulgated by the department of finance and administration and approved by the attorney general and reporter.
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