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State Government > Lottery for Education
Short Summary
The provided legal document pertains to the Georgia Lottery for Education Act, which governs the operations of the Georgia Lottery Corporation. The Act establishes the Georgia Lottery Corporation as a state agency responsible for administering the lottery. The document highlights a judicial decision, Ga. Lottery Corp. v. Patel, where the court ruled that the Georgia Lottery Corporation is protected by sovereign immunity and cannot be held liable for claims under Georgia’s Uniform Deceptive Trade Practices Act (UDTPA). The court determined that the UDTPA did not expressly waive the state’s sovereign immunity, did not create a cause of action against the state, and exempted conduct in compliance with a statute administered by a state agency. Therefore, the appellee’s UDTPA claim for injunctive relief against the Georgia Lottery Corporation was dismissed. No specific penalties are mentioned in the provided document. This legal document contains the legislative findings and declarations related to the operation and management of lottery games in Georgia. It states that the net proceeds of lottery games conducted under this chapter should be used to support improvements and enhancements for educational purposes, without supplanting existing resources. The document establishes the Georgia Lottery Corporation as a public body with comprehensive powers to operate lottery games as an entrepreneurial enterprise. It emphasizes the importance of providing entertainment to the public, maximizing revenues, and ensuring the integrity and dignity of the lottery. The Georgia Lottery Corporation is accountable to the General Assembly and the public through audits and reports. Additionally, a judicial decision mentioned in the document establishes that the Georgia Lottery Corporation is entitled to assert sovereign immunity. Another judicial decision clarifies the definition of ’tampering’ in relation to lottery tickets and highlights the intent of the General Assembly to maximize revenues and operate the lottery with integrity and dignity. This legal document provides definitions for various terms used in the Georgia Code related to the Lottery for Education. It applies to the Georgia Lottery Corporation, board members, retailers, vendors, assignors, assignees, interested parties, and individuals or entities involved in lottery games. The document defines terms such as administrative expenses, assignee, assignment, assignor, board, capital outlay projects, casino gambling, chief executive officer, corporation, educational facilities, educational purposes and programs, interested party, lottery, major procurement contract, member, member of a minority, minority business, net proceeds, operating expenses, pari-mutuel betting, person, retailer, share, ticket, and vendor. The document also includes judicial decisions related to the definition of casino gambling and the classification of a retailer in a bankruptcy case. This legal document establishes the Georgia Lottery Corporation as a body corporate and politic. The corporation is deemed to be an instrumentality of the state and a public corporation, but not a state agency. The venue for the corporation is specified to be in Fulton County. The document also includes references to judicial decisions regarding the Georgia Lottery Corporation’s status as a state agency and its entitlement to sovereign immunity. Overall, this document governs the creation and venue of the Georgia Lottery Corporation. The board of directors shall provide the chief executive officer with private-sector perspectives of a large marketing enterprise. The board 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 of hearings required by this chapter; (4) Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in Code Section 50-27-9; and (5) Perform such other functions as specified by this chapter. 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 and 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. This legal document outlines the general powers and abilities of the Georgia Lottery Corporation. The corporation is granted various powers necessary for carrying out its purposes, as long as they are not in conflict with the Constitution of Georgia. These powers include the ability to sue and be sued, adopt and alter a seal, adopt and amend bylaws and regulations, procure or provide insurance, hold copyrights and trademarks, administer the operation of the lottery, enter into agreements with other states for joint lotteries, conduct market research, acquire or lease real and personal property, enter into contracts and financing agreements, administer oaths and issue subpoenas, appoint officers and employees, select vendors and retailers, enter into contracts with law enforcement agencies, establish banking relationships, advertise and promote the lottery, act as a retailer, and adopt and amend regulations, policies, and procedures. The corporation is exempt from certain administrative procedure requirements. No specific penalties are mentioned in this document. This legal document pertains to the adoption of regulations, policies, and procedures governing the conduct of lottery games in Georgia. The document applies to the board responsible for conducting lottery games. The regulations cover various aspects, including the type of games to be conducted (such as instant lotteries and online games), the sale price and manner of sale of tickets or shares, the number and amount of prizes, the method and location of selecting or validating winning tickets or shares, and the manner and time of payment of prizes. The regulations also address the means of conducting drawings, the method of selling tickets or shares (including the use of electronic or mechanical devices), and the compensation to lottery retailers. Additionally, the regulations ensure the efficient and effective operation of lottery games, the entertainment and convenience of the public, and the integrity of the lottery. It is important to note that allowing a person under 18 years of age to purchase a lottery ticket or share from an electronic or mechanical device is subject to penalties as specified in Code Section 50-27-26. This legal document outlines the duties and responsibilities of the chief executive officer (CEO) of the corporation. The CEO is required to direct and supervise all administrative and technical activities in accordance with the provisions of this chapter and the regulations, policies, and procedures adopted by the board. The specific duties of the CEO include facilitating the initiation and administration of lottery games, employing and directing necessary personnel, contracting and compensating individuals and firms as needed, promoting the lottery and related functions, preparing a budget for board approval, requiring bonds from retailers and vendors, reporting quarterly on lottery revenues and expenses, and performing other duties typically associated with a CEO of an entrepreneurial corporation. The CEO also has the authority to suspend, revoke, or refuse to renew contracts for good cause and may conduct hearings and administer oaths to ensure the security and integrity of lottery operations or to assess the qualifications and compliance of vendors and retailers. This legal document governs the personnel program, compensation, background investigations, and bonding for employees of the corporation. The corporation is responsible for establishing and maintaining a personnel program and determining the compensation of its employees, including production incentive payments. However, production incentive payments, bonuses, or any additional consideration cannot exceed 25 percent of an employee’s base compensation. Bonuses are also limited to 1 percent of the net increase in the Lottery for Education Account. Employees of the corporation are prohibited from having a financial interest in any vendor doing business with the corporation and from participating in decisions involving retailers with whom they have a financial interest. Former employees are restricted from representing vendors or lottery retailers before the corporation for two years after leaving employment. Background investigations are required for certain positions, and the corporation may pay for the cost of such investigations. Convicted felons or individuals involved in illegal gambling or crimes of moral turpitude cannot be employed by the corporation. The corporation is also required to bond employees with access to corporation funds or lottery revenue. No specific penalties are mentioned in this document. It is the intent of the General Assembly that the corporation encourage participation by minority businesses. Accordingly, the board of directors shall adopt a plan which achieves to the greatest extent possible a level of participation by minority businesses taking into account the total number of all retailers and vendors, including any subcontractors. The corporation is authorized and directed to undertake training programs and other educational activities to enable such minority businesses to compete for contracts on an equal basis. The board shall monitor the results of minority business participation and shall report the results of minority business participation to the Governor at least on an annual basis. This section of the Georgia Code governs the investigation of vendors, disclosure requirements, and restrictions on entry into procurement contracts for the Lottery for Education. The corporation responsible for the lottery system is required to investigate the financial responsibility, security, and integrity of any lottery system vendor who is a finalist in submitting a bid, proposal, or offer for a major procurement. The vendor is required to disclose various information, including their name, address, and details of their business operations and contracts in other states and jurisdictions. The vendor must also disclose any findings or convictions of criminal offenses, details of bankruptcy or pending litigation, and provide additional disclosures as determined by the corporation. If at least 25 percent of the cost of a vendor’s contract is subcontracted, the vendor must disclose the same information for the subcontractor. Failure to comply with the disclosure requirements may result in voiding the contract or termination. The section also prohibits entering into major procurement contracts with vendors found guilty of felonies related to the lottery’s security or integrity, or with vendors having an ownership interest in entities that provided consultation services for the request for proposals. Additionally, vendors and applicants are prohibited from providing certain economic opportunities or gifts to specific individuals associated with the corporation. The provisions aim to ensure full disclosure and evaluation of the competence, integrity, background, and character of vendors for major procurements. This legal document governs the bonding requirements for vendors, qualifications of vendors, and the competitive bid requirement in the context of the Georgia Lottery for Education. According to the document, each vendor is required to post a performance bond or letter of credit at the execution of the contract with the corporation. Alternatively, vendors may deposit and maintain interest-bearing securities that meet specific criteria. However, minority businesses facing financial hardship may be exempt from these requirements for a period of five years. Additionally, vendors must be qualified to do business in the state and comply with the tax return filing requirements. The document also prohibits contracts with vendors in which a public official has an ownership interest of 10 percent or more. Furthermore, all major procurement contracts must be competitively bid, unless there is only one qualified vendor with an exclusive right to offer the service or product. The document does not specify any specific penalties for non-compliance or violation of its provisions. This legal document, part of the Georgia Code, pertains to the lottery for education and its general provisions. It recognizes the need for a state-wide network of lottery retailers to promote ticket sales and lottery game participation while ensuring the integrity of operations. The document emphasizes providing small retailers with opportunities to participate. Lottery retailers are compensated through commissions and may receive other forms of incentive compensation. The corporation issues a certificate of authority to each retailer, which must be displayed publicly. Qualification criteria for retailers are based on objective factors such as financial responsibility, security, accessibility, integrity, and reputation. The document outlines various disqualifications for retailers, including criminal convictions, violations of lottery provisions, and exclusive engagement in lottery ticket sales. Application fees are charged for each outlet, and retailer contracts can be suspended, revoked, or terminated for violations. The document also prohibits retailers from providing gifts or gratuities to certain individuals associated with the corporation. No specific penalties are mentioned in the document. (a) No lottery retailer contract shall be transferable or assignable. No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board. (b) Lottery tickets and shares shall only be sold by the retailer stated on the lottery retailer certificate. History. Code 1981, 50-27-18, enacted by Ga. L. 1992, p. 3173, 2. JUDICIAL DECISIONS Bankruptcy by lottery retailer. When a Chapter 7 debtor executed a retail lottery contract with the state as an officer of a corporation that had not yet been formed, subsequent adoption of the pre-incorporation contract by the corporation was not equivalent of assignment or transfer and would not be prohibited by O.C.G.A. 50-27-18. Ga. Lottery Corp. v. Ingram (In re Ingram), No. 06-11313-WHD, No. 07-1013, 2008 Bankr. LEXIS 1036 (Bankr. N.D. Ga. Feb. 29, 2008). This legal document governs the establishment and management of a fidelity fund for lottery retailers. The Georgia Lottery Corporation is authorized to establish a separate fidelity fund and assess a one-time fee not exceeding $100.00 per sales location from each retailer. The funds collected can be invested or placed in interest-bearing accounts. The purpose of the fidelity fund is to cover losses incurred by the corporation due to nonfeasance, misfeasance, or malfeasance of a lottery retailer. The funds may also be used to purchase blanket bonds to protect against losses from all retailers. Any amount in the fidelity fund exceeding $500,000.00 at the end of each fiscal year is to be paid to the general lottery fund. Additionally, the document allows for the establishment of a reserve account to cover uncollectable amounts. The corporation may require retailers to post an appropriate bond, and retailers may also deposit and maintain interest-bearing securities with the corporation. The eligible securities include certificates of deposit, United States bonds, notes, bills, and federal agency securities. This section of the Georgia Code governs the cancellation, suspension, revocation, or termination of retail contracts related to the Lottery for Education. The retail contracts executed by the corporation must specify the reasons for which a contract may be canceled, suspended, revoked, or terminated. These reasons include violations of the chapter, failure to account for lottery tickets or revenues accurately, fraud or misrepresentation, insufficient sales, conduct prejudicial to public confidence in the lottery, retailer bankruptcy or receivership, material changes determined by the corporation, and failure to meet objective criteria established by the corporation. The chief executive officer or their designee has the discretion to cancel, suspend, revoke, or terminate a contract if it is in the best interest of the lottery, public welfare, or the State of Georgia. The decision can be appealed to the board. The document does not specify any penalties for non-compliance or violation of the contract terms. This legal document governs the preservation and accounting of lottery proceeds by retailers, as well as the preference accorded to proceeds of insolvent retailers. It establishes that all proceeds from the sale of lottery tickets or shares constitute a trust fund until paid to the corporation. Lottery retailers and officers of a lottery retailers business have a fiduciary duty to preserve and account for lottery proceeds, and they are personally liable for all proceeds. The document also outlines the requirement for retailers to place lottery proceeds in insured accounts and to establish separate bank accounts for lottery proceeds. In case of insolvency, the proceeds due to the corporation have preference over all debts or demands. The document has been amended in 2020 to include provisions regarding the preference of proceeds from the estate of an insolvent retailer. The document does not specify any specific penalties for non-compliance or violation of its provisions. If a lottery retailers 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 the amount of the lottery retail sale for purposes of computing the rental payment. History. Code 1981, 50-27-22, enacted by Ga. L. 1992, p. 3173, 2. This section of the Georgia Code governs the sale of lottery tickets or shares. It prohibits the sale of tickets or shares at a price other than the one established by the corporation, unless authorized in writing by the chief executive officer. Only duly certified lottery retailers are allowed to sell lottery tickets, but individuals who can lawfully purchase tickets or shares are permitted to gift them to others. The corporation may designate certain agents and employees to sell or give lottery tickets or shares directly to the public. Merchants can give lottery tickets or shares as a means of promoting goods or services, subject to prior approval by the corporation. Lottery retailers can only sell tickets or shares from the locations listed in their contract, unless the corporation authorizes temporary locations. It is prohibited to sell lottery tickets or shares to persons under 18 years of age, but individuals who are 18 years or older can purchase tickets or shares to gift to others. In such cases, the corporation will direct the payment of any lottery prize to an adult member of the recipient’s family or a legal representative. The person named as custodian will have the same powers and duties as prescribed for a custodian under Article 5 of Chapter 5 of Title 44. This legal document pertains to the Georgia state income tax on lottery prize proceeds, the withholding of attachments, garnishments, or executions served upon the corporation, the validation of winning tickets, prohibited purchases, the use of money-dispensing machines, and unclaimed prize money. The proceeds of any lottery prize are subject to the Georgia state income tax. Attachments, garnishments, or executions authorized by law can be withheld if timely served upon the corporation, except for retailers. The corporation is required to adopt regulations, policies, and procedures to verify the validity of winning tickets and effect payment of prizes. Assignability of prizes is generally prohibited, except in specific circumstances. Prizes cannot be paid for stolen, counterfeit, altered, fraudulent, or unissued tickets, among other conditions. Only one claimant can be awarded a particular prize. Cash prizes must be claimed within specific timeframes, and unclaimed prize money is subject to certain provisions. Violation of this chapter may result in the prize being considered unclaimed. The corporation is discharged of all liability upon payment of a prize. Certain individuals, such as board members, officers, employees, and their relatives, are prohibited from purchasing tickets or receiving prizes. Lottery games utilizing money-dispensing machines are not allowed. Unclaimed prize money may be directed to the Department of Behavioral Health and Developmental Disabilities or used for future prizes or special promotions. This legal document, part of the Georgia Code, pertains to the payment of lottery prizes to persons other than the winners and the voluntary assignment of prize rights. It outlines the requirements and procedures for such assignments, including the need for a judicial order, a hearing, and specific findings justifying the approval of the assignment. The document also specifies the obligations of the assignee, such as withholding taxes and providing a disclosure statement to the assignor. It further addresses the rights and responsibilities of the assignor, the assignee, and the Georgia Lottery for Education. The document emphasizes that the corporation and its officials are not liable for making any assigned payments. Additionally, it establishes limitations on the assignment, including restrictions on dividing a single prize payment among more than three different persons. The document does not mention any specific penalties or exemptions. Overall, it provides a framework for the lawful transfer of lottery prize rights in Georgia. This legal document governs the confidentiality of information, investigations, supervision and inspections, reports of suspected violations, assistance in the investigation of violations, and confidentiality in relation to the operation of the lottery. The document applies to the corporation responsible for the lottery. The corporation is authorized to determine which information relating to the lottery’s operation is confidential, including trade secrets, security measures, systems, or procedures, security reports, and information obtained through investigations. The corporation is required to perform criminal background investigations prior to executing any vendor contract and conduct criminal background and credit investigations on potential retailers. The corporation is also responsible for supervising ticket or share validation and lottery drawings, inspecting vendor or lottery retailer facilities to ensure compliance with contracts, and reporting suspected violations to appropriate authorities. Additionally, the corporation is required to provide assistance to law enforcement agencies investigating violations. The document also addresses the confidentiality of information regarding prize winners upon their written request. Exemptions from certain provisions are provided for information deemed confidential. No specific penalties are mentioned in this document. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative defense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale. History. Code 1981, 50-27-26, enacted by Ga. L. 1992, p. 3173, 2; Ga. L. 1994, p. 1372, 2. This legal document, part of the Georgia Code, specifically the State Government section, pertains to the Lottery for Education and its General Provisions. It governs the actions of any person who engages in the false making, altering, forging, uttering, passing, or counterfeiting of a state lottery ticket with the intent to defraud. The document also covers the penalties for attempting to influence the winning of a prize through coercion, fraud, deception, or tampering with lottery equipment or materials. The penalties for these offenses include a fine not exceeding $50,000.00, imprisonment for a maximum of five years, or both. The document does not mention any exemptions. This legal document, Ga. L. 2013, p. 37, 1-1/HB 487, effective April 10, 2013, redesignated former Chapter 17 of Title 48 as Article 3 of Chapter 27 of Title 50. It governs the regulation of Bona Fide Coin Operated Amusement Machines in the state of Georgia. The document provides information about the redesignation of the relevant chapter and section numbers. It also includes provisions stating that if any section of this Act is determined to be unconstitutional, the Act shall stand repealed by operation of law, except for specific subsections. Additionally, the Act clarifies that it does not affect the legality of repair, transport, possession, or use of prohibited gambling devices on maritime vessels within Georgia’s jurisdiction. The Act does not make illegal any repair, transport, possession, or use that was lawful before its enactment, nor does it change the prohibition on activities that were already prohibited before the Act was enacted. The provided legal document pertains to the regulation of the bona fide coin operated amusement machine industry in the state of Georgia. It proposes the establishment of a Class B accounting terminal linked to all Class B machines through a communications network for auditing, reporting, and regulation purposes. The document clarifies that the Act does not impact the legality of certain activities related to gambling devices on maritime vessels within Georgia’s jurisdiction. The document governs the procurement, operation, and monitoring of Class B accounting terminals and communication networks. It prohibits entities involved in building, operating, or maintaining the accounting terminal from obtaining a license as an operator or location owner/operator. The document also outlines the distribution of net receipts, dispute resolution procedures, and the removal of Class B machines from a local jurisdiction. No specific penalties for non-compliance or violations are mentioned in the document.
Whom does it apply to?
The document applies to the Georgia Lottery Corporation, board members, retailers, vendors, assignors, assignees, interested parties, and individuals or entities involved in lottery games.
What does it govern?
The provided legal document pertains to the Georgia Lottery for Education Act, which governs the operations of the Georgia Lottery Corporation.
What are exemptions?
No specific exemptions are mentioned in the provided document.
What are the Penalties?
No specific penalties are mentioned in the provided document.
Jurisdiction
Georgia