Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publications.information@tn.gov For Department of State Use Only ~.. ~li~ - Sequence Number: - ~0~?~... _7,.C; Rule ID(s): -~ll~1_p_4- File Date: '?..,_. ~-,--V'l,_/~li_ Last Effective Day: ~ /7,,C;/tf; Emergency Rule Filing Form Emergency rules are effective from date of filing, unless otherwise stated in t/1e rule, for a period of up to 180 days.!\g~ric.;y/board/commission: De artment of State ---------------------------i Division: Charitabl~ Solicitation?, Fan~asy Spo.r:ts, and Garn)ng. - - -. Contact Person: Mona Hart Address: 312 Rosa LParks Ave., 8 th Floor, Nashville, T.e6ness ~e.... Zip: 37243-1102 Phone: 615-741-2555 Email: mona.hart@t.r:i:g~o_v ~ Revision Type (check all that apply): X Amendment New Repeal Statement of Necessity: Public Chapter 584 was enacted by the 110 th General Assembly, signed into law.on March 20: 2 O1a and.. contains provisions which require amending current rules. Thus, these rules are promulgated as emergency rules.in _ac~ordanc~with Tg:~ 4-:5-:~Q?(a)(!?k. -- - - _. - --........ Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title... 1360-03-03.Procedures for Operating_9haritable Gaming Events Rule Number Rule Title 1360-03-03-. 02 A plication Sliding Fee Scale 1360-03-03-. 11 Accounting Procedures ------...,.-- - ---- -- - -- - OHOOOOH,,_,_,, SS-7040 (September 2017) RDA 1693
Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s). Statutory authority must be given for each rule change. For information on formatting rules go to http:/ /sos-tn-gov-fi les. s3. a mazonaws. com/forms/ru lemaking %20Gu idelines September2016. pdf. Amendment to Chapter 1360-03-03 Procedures for Operating Charitable Gaming Events Rule 1360-03-03-. 02 Application Sliding Fee Scale is deleted in its entirety and amended so that as rewritten it shall read: 1360-03-03-.02 APPLICATION INITIAL FEE AND REMAINDER FEE SLIDING SCALE. An application to hold an annual gaming event shall be submitted with an initial application fee of fifty dollars ($50). An organization authorized by the General Assembly to operate an annual event shall file within ninety (90) calendar days following the actual event date, a financial accounting pursuant to Tenn. Code Ann. 3-17- 106(a)(1) along with the remaining application fee due according to the organization's gross revenue for the annual event based of the following scale: Event Gross Revenue $0.00 to $5,000 $5,000.01 to $10,000 $10,000.01 to $20,000 Over $20,000.01 Filing Fee $100 $250 $400 $550 Authority: TC.A 3-17-104, 3-17-106, and 3-17-115. Paragraph (2) of Rule 1360-03-03-. 11 Accounting Procedures is amended by deleting the paragraph in its entirety and by substituting instead the following so that, as amended paragraph (2) shall read as follows: (2) Reporting. All organizations must file a firancial accounting with the Division on forms approved by the Division along with the remainder fee due pursuant to Tenn. Code Ann. 3-17-106(a)( 1) and Rule 1360-03-03-.02. If the organization generates over fifty thousand dollars ($50,000) in gross revenue, the organization must also complete an audit of the annual event in accordance with Tenn. Code Ann. 3-17-106(c). Authority: T.C.A. 3-17-106, and 3-17-115. SS-7040 (September 2017) 2 RDA 1693
* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows: Board Member Aye No Abstain Absent Signature (if required) I certify that this is an accurate and complete copy of an emergency rule(s), lawfully promulgated and adopted. Date: \\\\III 11111,,, PEA,9 11 11,,, \.. :... I A.",~ ' y, V...,. ' ~ / STATE ~ ~ I OF \ ~ : f TENNESSEE i : ~ 0\ NOTARY l~:, J...... -:. "1/. PUBLIC /~.:, ', /D... O'-' ~,,,, SON C,,,, "' V.,,,,,,u,,,,,,... ~' Signature: Name of Officer: Title of Officer: Subscribed and sworn to before me on: 7)/JZez:_,7!}/Z- tfr C~~~LC-..;0llCl7/l-l'/t?~ FAW'/J-f'Y S/tJ,iT~ ~7) GA/fl/-VG /)A ~~ I ff Notary Public Signature: ---+--t+---1-'~~~ ~ ------- M y commission expires on: 7]py. 9' I 20 2- ( Agency/Board/Commission: Rule Chapter Number(s): All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. djj,u,w-tl~ -g; Attorney General and Reporter 1/J.8/.z-0/8 r I Date Department of State Use Only u.' u cc l' J = LLJ I- <( ~u. {f ) :_--, u _ c Cl f-..:;,- :-c., L.L! _, er:: c._ u w if> Filed with the Department of State on: Effective for: _ ----~~--------- 2/i,q /11/J \ q, _ Q_*_d~ay'-s_ q/1,c;(l?j Effective through: - ---------- ---- * Emergency rule{s) may be effective for up to 180 days from the date of filing. Tre Hargett ecretary of State SS-7040 (September 2017) 3 RDA 1693
Impact on Local Governments Pursuant to T.C.A. 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) The emergency rules will not impact local government. SS-7040 (September 2017) 4 RDA 1693
Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to TC.A. 4-5-226(i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; The emergency rules permit a charitable organization that is authorized by the General Assembly to conduct an annual event to submit the required application fee in two stages. An organization must submit an initial application fee of fifty dollars ($50). Within ninety (90) calendar days following the actual event, the organization must pay the remainder of the filing fee. The remainder of the filing fee is set up as a sliding scale and is based on the Qross revenue received at the orqanization's annual event. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; I Public Chapter 584 of the 110 th General Assembly signed into law on March 20, 2018. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Charitable organizations properly registered with the Secretary of State's Division of Charitable Solicitations, Fantasy Sports, and Gaming that are authorized by the General Assembly to conduct an annual event are most directly affected by this rule. Due to the convenience of paying a low initial application fee of fifty dollars ($50) and the ability to accurately calculate the remainder fee due, these organizations should urge adoption of this rule. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; N/A (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; I The emergency rules will neither increase nor decrease local or state government revenues and expenditures. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Mona Hart, Director of Charitable Solicitations, Fantasy Sports, and Gaming and Tabatha Blackwell, Assistant Director of Charitable Solicitations, Fantas S orts, and Gamin (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Mona Hart, Director of Charitable Solicitations, Fantasy Sports, and Gaming and Tabatha Blackwell, Assistant Director of Charitable Solicitations, Fantas S orts, and Gamin (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Mona Hart, Director of Charitable Solicitations, Fantasy Sports, and Gaming and Tabatha Blackwell, Assistant Director of Charitable Solicitations, Fantasy Sports, and Gaming located at 312 Rosa L. Parks Ave., 8 th Floor, Tennessee Tower, Nashville, Tennessee, 37243-1102; 615-741-2555, mona.hart@tn.gov; tabatha.blackwell@tn.gov SS-7040 (September 2017) 5 RDA 1693
(I) Any additional information relevant to the rule proposed for continuation that the committee requests. N/A SS-7040 (September 2017) 6 RDA 1693
REDLINE Amendment to Chapter 1360-03-03 Procedures for Operating Charitable Gaming Events Rule 1360-03-03-.02 Application Sliding Fee Scale is deleted in its entirety and amended so that as rewritten it shall read: 1360 03 03.02 APPLICATION SLIDING FEE SCALE. An application to hold an annual gaming e'lent shall be submitted with the appropriate fil ing fee according to the organization's gross re'lenue for the annual el/ent based on the fo llowing scale: Event Gross Revenue $0.00 to $5,000.00 $5001.00 to $10,000.00 $10,001.00 to $20,000.00 O'ler $20,001.00 filing fee $150.00 $300.00 $450.00 $600.00 1360-03-03-.02 APPLICATION INITIAL FEE AND REMAINDER FEE SLIDING SCALE. An application to hold an annual gaming event shall be submitted with an initial application fee of fifty dollars ($50). An organization authorized by the General Assembly to operate an annual event shall file within ninety (90) calendar days following the actual event date, a financial accounting pursuant to Tenn. Code Ann. 3-17-106(a)(1) along with the remaining application fee due according to the organization's gross revenue for the annual event based of the following scale: Event Gross Revenue Filing Fee $0.00 to $5,000 $5,000.01 to $10,000 $10,000.01 to $20,000 Over $20,000.01 Authority: T.C.A. 3-17-104, 3-17-106, and 3-17-115. Paragraph (2) of Rule 1360-03-03-.11 Accounting Procedures is amended by deleting the paragraph in its entirety and by substituting instead the following so that, as amended paragraph (2) shall read as follows: f2-) ill Reporting. All organizations must file a financial report with the Di'lision on forms appro'led by the Di'lision. If the organ ization grosses more than fifty thousand dollars ($50,000) in revenue, the organization must also complete an audit of the annual event in accordance with T.C.A. 3 17 106(c). Reporting. All organizations must file a financial accounting with the Division on forms approved by the Division along with the remainder fee due pursuant to Tenn. Code Ann. 3-17-106(a)(1) and Rule 1360-03-03-. 02. If the organization generates over fifty thousand dollars ($50,000) in gross revenue, the organization must also complete an audit of the annual event in accordance with Tenn. Code Ann. 3-17-106(c). Authority: T.C.A. 3-17-106, and 3-17-115.