08 LC 29
3087S
The
House committee on Judiciary Non-civil offers the following substitute to HB
259:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to gambling and related offenses, so as to provide that
certain nonprofit organizations may give away certain noncash prizes to advance
the purposes of such nonprofit organization; to provide conditions for the
giving of such prizes by nonprofit organizations and businesses; 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.
Article
2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating
to gambling and related offenses, 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. 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
or a nonprofit
organization qualified under Section 501(c) of the federal Internal Revenue
Code, as amended, gives away
noncash
prizes that
cannot be exchanged or redeemed for cash
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
or solely to
advance the purposes of such nonprofit organization; provided, however, that a
business may participate in a promotion to advance the purposes of a nonprofit
organization;
and
(ii)
No
A
person to be eligible to receive such prize
may,
but shall
not
be required to:
(I)
Pay any tangible consideration to the operator of such business
or to such
nonprofit organization 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 such
nonprofit organization; 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
(iii)
A business or nonprofit organization that offers promotional prizes to the
public by means of a mechanical or electronic device shall not offer more than
two such promotions using such devices in any location at any given
time;
(iv)
The rules or procedures for eligibility for such prizes must clearly and
conspicuously allow a person to become eligible without paying any tangible
consideration to the operator of such business or to such nonprofit organization
in the form of money or other property or thing of value; purchasing any goods,
wares, merchandise, or anything of value from such business or nonprofit
organization; or being present or participating in a seminar, sales
presentation, or any other presentation by whatever name denominated;
and
(v)
The method actually used to select winners of such prizes shall not discriminate
against persons who have followed eligibility procedures described in division
(iv) of this subparagraph; or
(C)
Raffle authorized under Code Section 16-12-22.1."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to the award of
prizes and related conduct that occurs on or after such date. Any offense
committed before July 1, 2008, shall be punishable as provided by the statute in
effect at the time the offense was committed.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.