Bill Text: GA SB19 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Forgery/Fraudulent Practices; definitions; medical identity fraud; provide punishment

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2011-05-13 - Veto V1 [SB19 Detail]

Download: Georgia-2011-SB19-Comm_Sub.html

---

11 LC 28 5771S

The House Committee on Judiciary Non-civil offers the following substitute to SB 19:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to revise a definition; to provide for the applicability of certain provisions to certain games and devices; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise and add definitions relating to coin operated amusement machines; to provide for fees; to authorize the commissioner of revenue to retain a portion of certain fees as administrative costs; to provide that the commissioner is not authorized to impose any additional fee; to provide an exception from a limitation on the allowable number of such machines at the same location; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising paragraph (4) of Code Section 16-12-20, relating to definitions, as follows:

"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. Except as otherwise provided in Code Section 16-12-35, a lottery shall also include the payment of cash or other consideration or the payment for merchandise and the option to participate in or play, even if others can participate or play for free, a no skill game or to participate for cash or noncash prizes by lot or in a finite pool on a computer, mechanical device, or electronic device whereby the player is able to win a cash or noncash prize. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a:

(A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393;

(B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:

(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and

(ii) No person to be eligible to receive such prize shall be required to:

(I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value;

(II) Purchase any goods, wares, merchandise, or anything of value from such business; or

(III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or

(C) Raffle authorized under Code Section 16-12-22.1; or

(D) National promotion, contest, or sweepstakes conducted by any corporation or wholly owned subsidiary of such corporation, provided that, at the time of such promotion, contest, or sweepstakes, such corporation:

(i) Is registered under the federal Securities Exchange Act of 1934; and

(ii) Has total assets of not less than $50 million."

SECTION 2.

Said chapter is further amended by adding a new subsection to Code Section 16-12-35, relating to applicability of part, to read as follows:

"(k) All games and devices subject to this Code section shall comply with the provisions of Chapter 17 of Title 48."

SECTION 3.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraphs (2.2) and (2.3) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines, and adding a new paragraph to read as follows:

"(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and:

(A) Provides no reward to a successful player; or

(B) Rewards a successful player only with free replays or additional time to play;

(C) Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35;

(D) Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or

(E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph.

(2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35 allows a successful player to accrue points on the machine and carry over points won on one play to a subsequent play or plays in accordance with paragraph (2) of subsection (d) of Code Section 16-12-35 and:

(A) Rewards a successful player in compliance with the provisions of paragraphs (1) and (2) of subsection (d) of Code Section 16-12-35; and

(B) Does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35."

"(3.1) 'Gift certificate' means a document, electronic transmission, coupon, or other medium of exchange, other than currency or a gift card. A gift certificate can be exchanged for noncash merchandise, prizes, toys, or novelties for which applicable sales or use tax may or may not be subtracted, subject to the limitations of subsections (h) and (i) of Code Section 16-12-35."

SECTION 4.

Said title is further amended by revising subsection (a) of Code Section 48-17-2, relating to license fees regarding coin operated amusement machines, as follows:

"(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows:

(1) For Class A machines:

(A) For five or fewer machines, the owner shall pay a master license fee of $500.00.

In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,500.00;

(B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,500.00; or

(C) For 61 or more machines, the owner shall pay a master license fee of $3,500.00; and

(2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00.

The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order, and the commissioner shall be authorized to retain as the cost of administration an amount not to exceed $75.00. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this Code section shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any license or permit period. The fees imposed by this Code section shall not be revenue measures and are imposed pursuant to Code Section 45-12-92.1."

SECTION 5.

Said title is further amended by revising subsection (a.1) of Code Section 48-17-2, relating to license fees regarding coin operated amusement machines, and adding a new subsection to read as follows:

"(a.1) Every business owner or business operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner by company check, cash, cashier's check, or money order, and the commissioner shall be authorized to retain from such fees as the cost of administration an amount not to exceed 12 percent of such fees. Upon payment, the commissioner shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business owner or business operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. The fees imposed by this Code section shall not be revenue measures and are imposed pursuant to Code Section 45-12-92.1.

(a.2) The commissioner shall not be authorized to impose any fee in addition to those fees set forth in this chapter."

SECTION 6.

Said title is further amended by revising subsection (a) of Code Section 48-17-9, relating to payment and collection of annual permit fee, as follows:

"(a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay an annual permit fee for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order, and the commissioner shall be authorized to retain from such fees as the cost of administration an amount not to exceed 12 percent of such fees. Upon payment, the commissioner shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this chapter shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any license or permit period. The fees imposed by this Code section shall not be revenue measures and are imposed pursuant to Code Section 45-12-92.1."

SECTION 7.

Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-17-15, relating to limitations on percent of monthly gross retail receipts derived from certain coin operated amusement machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, as follows:

"(2) Except as authorized by a local ordinance, no business owner or business operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply: to an

(A) To an amusement or recreational establishment; or

(B) If the Class A bona fide coin operated amusement machines meet the following criteria:

(i) The machines reward the player or players with tickets, tokens, or other noncash representations of value only redeemable for noncash merchandise within one of the operator's licensed premises;

(ii) The outcome of the game involves some skill in its operation;

(iii) The award of tickets, tokens, or other noncash representations of value is based solely on the player's success in achieving the object of the game or the player's score;

(iv) Only merchandise prizes are awarded;

(v) The average wholesale value of the prizes awarded in lieu of tickets or tokens for a single play of such a machine does not exceed $5.00; and

(vi) The redemption value of each ticket, token, or other noncash representation of value that may be accumulated by a player or players to redeem prizes of greater value does not exceed the cost of a single play of such a machine."

SECTION 8.

This Act shall become effective on July 1, 2011, and shall apply to conduct that occurs on and after July 1, 2011. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before July 1, 2011, shall be prosecuted and punished under the statutes in effect at the time the offense was committed.

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.