| 48 | | - | fantasy contest as defined in Code Section 50-27-122 or traditional lottery games which41 |
|---|
| 49 | | - | may involve the distribution of winnings by pools."42 |
|---|
| 50 | | - | H. B. 1329 (SUB) |
|---|
| 51 | | - | - 2 - 24 LC 36 5799S |
|---|
| 52 | | - | SECTION 1-2.43 |
|---|
| 53 | | - | Said title is further amended in Code Section 50-27-9, relating to general powers of the44 |
|---|
| 54 | | - | Georgia Lottery Corporation, by revising paragraphs (18) and (19) of subsection (a) and45 |
|---|
| 55 | | - | adding a new paragraph to read as follows:46 |
|---|
| 56 | | - | "(18) To act as a retailer, to conduct promotions which involve the dispensing of lottery47 |
|---|
| 57 | | - | tickets or shares, and to establish and operate a sales facility to sell lottery tickets or48 |
|---|
| 58 | | - | shares and any related merchandise; and49 |
|---|
| 59 | | - | (19) To perform any actions and carry out any responsibilities provided for in Article 450 |
|---|
| 60 | | - | of this chapter; and51 |
|---|
| 61 | | - | (19)(20) To adopt and amend such regulations, policies, and procedures as necessary to52 |
|---|
| 62 | | - | carry out and implement its powers and duties, organize and operate the corporation,53 |
|---|
| 63 | | - | regulate the conduct of lottery games in general, and any other matters necessary or54 |
|---|
| 64 | | - | desirable for the efficient and effective operation of the lottery or the convenience of the55 |
|---|
| 65 | | - | public. The promulgation of any such regulations, policies, and procedures shall be56 |
|---|
| 66 | | - | exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative57 |
|---|
| 67 | | - | Procedure Act.'"58 |
|---|
| 68 | | - | SECTION 1-3.59 |
|---|
| 69 | | - | Said title is further amended in Code Section 50-27-13, relating to disposition of lottery60 |
|---|
| 70 | | - | proceeds, budget report by Governor, appropriations by General Assembly, and shortfall61 |
|---|
| 71 | | - | reserve subaccount, by revising paragraph (3) of subsection (b) as follows:62 |
|---|
| 72 | | - | "(3)(A) Beginning in Fiscal Year 2025, a A shortfall reserve shall be maintained within63 |
|---|
| 73 | | - | the Lottery for Education Account in an amount equal to at least 50 percent of net64 |
|---|
| 74 | | - | proceeds deposited into such account for the preceding fiscal year of the average65 |
|---|
| 75 | | - | amount of net proceeds deposited into such account for the preceding three fiscal years,66 |
|---|
| 76 | | - | hereinafter referred to as the minimum reserve. Beginning in Fiscal Year 2025 and for67 |
|---|
| 77 | | - | each fiscal year thereafter, if on the last day of the preceding fiscal year the total reserve68 |
|---|
| 78 | | - | H. B. 1329 (SUB) |
|---|
| 79 | | - | - 3 - 24 LC 36 5799S |
|---|
| 80 | | - | fund balance exceeds the minimum reserve, an amount equal to 10 percent of the excess69 |
|---|
| 81 | | - | reserve funds, meaning the amount that the total reserve fund balance exceeds the70 |
|---|
| 82 | | - | minimum reserve, shall be appropriated for educational purposes and programs.71 |
|---|
| 83 | | - | (B) If the net proceeds paid into the Lottery for Education Account in any year are not72 |
|---|
| 84 | | - | sufficient to meet the amount appropriated for education educational purposes and73 |
|---|
| 85 | | - | programs, the shortfall reserve may be drawn upon to meet the deficiency and any74 |
|---|
| 86 | | - | amount so drawn may count for purposes of appropriations in subparagraph (A) of this75 |
|---|
| 87 | | - | paragraph.76 |
|---|
| 88 | | - | (C) If In the event the shortfall reserve is drawn upon and falls below 50 percent of the77 |
|---|
| 89 | | - | average amount of net proceeds deposited into such account for the preceding three78 |
|---|
| 90 | | - | fiscal year years, the shortfall reserve shall be replenished to the level required by79 |
|---|
| 91 | | - | subparagraph (A) of this paragraph in the next fiscal year and the lottery-funded lottery80 |
|---|
| 92 | | - | funded programs shall be reviewed and adjusted accordingly."81 |
|---|
| 93 | | - | PART II.82 |
|---|
| 94 | | - | SECTION 2-1.83 |
|---|
| 95 | | - | Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia84 |
|---|
| 96 | | - | Lottery for Education Act," to read as follows:85 |
|---|
| 97 | | - | "ARTICLE 486 |
|---|
| 98 | | - | Part 187 |
|---|
| 99 | | - | 50-27-120.88 |
|---|
| 100 | | - | This article shall be known and may be cited as the 'Georgia Fantasy Contest Consumer89 |
|---|
| 101 | | - | Protection Act.'90 |
|---|
| 102 | | - | H. B. 1329 (SUB) |
|---|
| 103 | | - | - 4 - 24 LC 36 5799S |
|---|
| 104 | | - | 50-27-121.91 |
|---|
| 105 | | - | The General Assembly finds that:92 |
|---|
| 106 | | - | (1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia93 |
|---|
| 107 | | - | authorizes the General Assembly to provide by law for any matters relating to purposes94 |
|---|
| 108 | | - | or provisions of that subparagraph, including, but not limited to, the operation and95 |
|---|
| 109 | | - | regulation of a lottery or lotteries and which purposes and provisions may encompass a96 |
|---|
| 110 | | - | fantasy contest or fantasy contests as a game or games offered by the Georgia Lottery97 |
|---|
| 111 | | - | Corporation;98 |
|---|
| 112 | | - | (2) All fantasy contests shall be overseen and regulated by the Georgia Lottery99 |
|---|
| 113 | | - | Corporation in a manner that provides continuing entertainment to the public, maximizes100 |
|---|
| 114 | | - | revenues, protects consumers, and ensures that such fantasy contests are operated in this101 |
|---|
| 115 | | - | state with integrity and dignity and free of political influence;102 |
|---|
| 116 | | - | (3) The corporation shall be accountable to the General Assembly and to the public for103 |
|---|
| 117 | | - | the management and oversight of fantasy contests in this state through a system of audits104 |
|---|
| 118 | | - | and reports;105 |
|---|
| 119 | | - | (4) The ability to offer fantasy contests in this state under a license issued in accordance106 |
|---|
| 120 | | - | with this article constitutes a taxable privilege and not a right; and107 |
|---|
| 121 | | - | (5) Net proceeds of fantasy contests conducted pursuant to this article shall be used for108 |
|---|
| 122 | | - | the purposes authorized by Article I, Section II, Paragraph VIII(c) of the Constitution.109 |
|---|
| 123 | | - | 50-27-122.110 |
|---|
| 124 | | - | As used in this article, the term:111 |
|---|
| 125 | | - | (1) 'Adjusted gross fantasy contest receipts' means the amount equal to the total of all112 |
|---|
| 126 | | - | entry fees that a fantasy contest operator collects from all participants minus federal113 |
|---|
| 127 | | - | excise taxes paid on entry fees and the total of all prizes paid out to all participants114 |
|---|
| 128 | | - | multiplied by the location percentage for this state.115 |
|---|
| 129 | | - | (2) 'Applicant' means any person that applies for a license under this article.116 |
|---|
| 130 | | - | H. B. 1329 (SUB) |
|---|
| 131 | | - | - 5 - 24 LC 36 5799S |
|---|
| 132 | | - | (3) 'Entry fee' means a nonrefundable cash or cash equivalent payment that is paid by a117 |
|---|
| 133 | | - | participant and set in advance by a fantasy contest operator granting the participant the118 |
|---|
| 134 | | - | right to participate in a fantasy contest.119 |
|---|
| 135 | | - | (4) 'Fantasy contest' means any online fantasy or simulated game or contest of skill with120 |
|---|
| 136 | | - | an entry fee in which:121 |
|---|
| 137 | | - | (A) The values of all prizes offered to a winning participant are established and made122 |
|---|
| 138 | | - | known to the participant in advance of the contest;123 |
|---|
| 139 | | - | (B) All winning outcomes reflect the relative knowledge and skill of the participant;124 |
|---|
| 140 | | - | (C) The participant assembles, owns, or manages a fictional entry or roster of actual125 |
|---|
| 141 | | - | professional or amateur athletes who participate in real-world sporting events;126 |
|---|
| 142 | | - | (D) A participant competes for prizes awarded by the fantasy contest operator based127 |
|---|
| 143 | | - | on terms and conditions published by the fantasy contest operator and made known to128 |
|---|
| 144 | | - | the participant in advance of the contest;129 |
|---|
| 145 | | - | (E) Winning outcomes are determined solely by clearly established scoring criteria130 |
|---|
| 146 | | - | based on one or more statistical results of the performance of individual athletes in131 |
|---|
| 147 | | - | sporting events, including, but not limited to, a fantasy score or a single-statistical132 |
|---|
| 148 | | - | measure of performance; and133 |
|---|
| 149 | | - | (F) No winning outcome is entirely based on the score, point spread, or any134 |
|---|
| 150 | | - | performance of any single actual team or combination of teams or solely on any single135 |
|---|
| 151 | | - | performance of an individual athlete or player in any single sporting event. Such term136 |
|---|
| 152 | | - | may include contests wherein participants compete against each other and contests137 |
|---|
| 153 | | - | wherein only a single participant competes against a target score set by the fantasy138 |
|---|
| 154 | | - | contest operator. Such term shall not include any fantasy contest without an entry fee.139 |
|---|
| 155 | | - | (5) 'Fantasy contest operator' or 'operator' shall mean a person that offers fantasy contests140 |
|---|
| 156 | | - | to members of the public. Such term shall not include an internet service provider or a141 |
|---|
| 157 | | - | provider of mobile data services merely as a result of such provider transporting general142 |
|---|
| 158 | | - | traffic that may include a fantasy contest.143 |
|---|
| 159 | | - | H. B. 1329 (SUB) |
|---|
| 160 | | - | - 6 - 24 LC 36 5799S |
|---|
| 161 | | - | (6) 'Large operator' means an operator that, at the time of receiving its initial or renewed144 |
|---|
| 162 | | - | fantasy contest operator license, has adjusted gross fantasy contests receipts greater than145 |
|---|
| 163 | | - | or equal to $5 million for the preceding 12 months.146 |
|---|
| 164 | | - | (7) 'License' means any of the licenses issued by the corporation under this article.147 |
|---|
| 165 | | - | (8) 'Licensee' means a person that holds a license issued by the corporation under this148 |
|---|
| 166 | | - | article.149 |
|---|
| 167 | | - | (9) 'Location percentage' means the percentage rounded to the nearest tenth of 1 percent150 |
|---|
| 168 | | - | of the total entry fees collected from players located in this state divided by the total entry151 |
|---|
| 169 | | - | fees collected from all players in this state in the fantasy contest activity.152 |
|---|
| 170 | | - | (10) 'Minor' means an individual who is under 19 years of age.153 |
|---|
| 171 | | - | (11) 'Participant' means an individual who participates in a fantasy contest offered by a154 |
|---|
| 172 | | - | fantasy contest operator.155 |
|---|
| 173 | | - | (12) 'Person' means an individual or entity.156 |
|---|
| 174 | | - | (13) 'Principal owner' means a person that owns an interest of 10 percent or more of the157 |
|---|
| 175 | | - | entity.158 |
|---|
| 176 | | - | (14) 'Prohibited participant' means any individual prohibited from paying an entry fee159 |
|---|
| 177 | | - | for a fantasy contest under Code Section 50-27-162.160 |
|---|
| 178 | | - | (15) 'Sports governing body' means the organization, league, or association that oversees161 |
|---|
| 179 | | - | a professional sporting event and prescribes final rules and enforces codes of conduct162 |
|---|
| 180 | | - | with respect to such professional sporting event and participants therein.163 |
|---|
| 181 | | - | (16) 'Sporting event' means any:164 |
|---|
| 182 | | - | (A) Professional sporting or professional athletic event, including motor sports,165 |
|---|
| 183 | | - | sanctioned by a national or international organization or association;166 |
|---|
| 184 | | - | (B) Collegiate sporting event;167 |
|---|
| 185 | | - | (C) Olympic sporting or athletic event;168 |
|---|
| 186 | | - | (D) Sporting or athletic event sanctioned by a national or international organization or169 |
|---|
| 187 | | - | association;170 |
|---|
| 188 | | - | H. B. 1329 (SUB) |
|---|
| 189 | | - | - 7 - 24 LC 36 5799S |
|---|
| 190 | | - | (E) Sporting or athletic event conducted or organized by a sporting events operator;171 |
|---|
| 191 | | - | (F) Esports event; or172 |
|---|
| 192 | | - | (G) Other events authorized by the corporation. Such term shall not include any event173 |
|---|
| 193 | | - | of which the majority of the participants are under the age of 18 years.174 |
|---|
| 194 | | - | 50-27-123.175 |
|---|
| 195 | | - | (a) The corporation shall have all powers and duties necessary to carry out the provisions176 |
|---|
| 196 | | - | of this article and to exercise the control of the fantasy contests in this state as authorized177 |
|---|
| 197 | | - | by this article. Such powers and duties shall include, but shall not be limited to, the178 |
|---|
| 198 | | - | following:179 |
|---|
| 199 | | - | (1) To have jurisdiction, supervision, and regulatory authority over fantasy contests,180 |
|---|
| 200 | | - | including, but not limited to, regulation and licensure of fantasy contests on mobile181 |
|---|
| 201 | | - | applications available state wide via the internet;182 |
|---|
| 202 | | - | (2) To appoint and employ such persons as the corporation deems essential to perform183 |
|---|
| 203 | | - | its duties under this article and to ensure that such fantasy contests are conducted with184 |
|---|
| 204 | | - | order and the highest integrity. Such employees shall possess such authority and perform185 |
|---|
| 205 | | - | such duties as the corporation shall prescribe or delegate to them. Such employees shall186 |
|---|
| 206 | | - | be compensated as provided by the corporation;187 |
|---|
| 207 | | - | (3) To enter upon, investigate, and have free access to all places of business of any188 |
|---|
| 208 | | - | licensee under this article and to compel the production of any books, ledgers, documents,189 |
|---|
| 209 | | - | records, memoranda, or other information of any licensee to ensure such licensee's190 |
|---|
| 210 | | - | compliance with the rules and regulations promulgated by the corporation pursuant to this191 |
|---|
| 211 | | - | article;192 |
|---|
| 212 | | - | (4) To promulgate any rules and regulations as the corporation deems necessary and193 |
|---|
| 213 | | - | proper to administer the provisions of this article; provided, however, that, prior to194 |
|---|
| 214 | | - | October 1, 2024, the initial rules and regulations governing fantasy contests shall be195 |
|---|
| 215 | | - | promulgated and adopted after a period of public comment. Such initial rules and196 |
|---|
| 216 | | - | H. B. 1329 (SUB) |
|---|
| 217 | | - | - 8 - 24 LC 36 5799S |
|---|
| 218 | | - | regulations and all other rules and regulations of the corporation promulgated and197 |
|---|
| 219 | | - | adopted pursuant to this article shall not be subject to Chapter 13 of this title, the 'Georgia198 |
|---|
| 220 | | - | Administrative Procedure Act';199 |
|---|
| 221 | | - | (5) To issue subpoenas for the attendance of witnesses before the corporation, administer200 |
|---|
| 222 | | - | oaths, and compel production of records or other documents and testimony of witnesses201 |
|---|
| 223 | | - | whenever, in the judgment of the corporation, it is necessary to do so for the effectual202 |
|---|
| 224 | | - | discharge of the duties of the corporation under this article;203 |
|---|
| 225 | | - | (6) To compel any person licensed by the corporation to file with the corporation such204 |
|---|
| 226 | | - | data, documents, and information as shall appear to the corporation to be necessary for205 |
|---|
| 227 | | - | the performance of the duties of the corporation under this article;206 |
|---|
| 228 | | - | (7) To prescribe the manner in which books and records of persons licensed or permitted207 |
|---|
| 229 | | - | by the corporation under this article shall be kept;208 |
|---|
| 230 | | - | (8) To enter into arrangements with any foreign or domestic government or209 |
|---|
| 231 | | - | governmental agency for the purposes of exchanging information or performing any other210 |
|---|
| 232 | | - | act to better ensure the proper conduct of fantasy contests under this article;211 |
|---|
| 233 | | - | (9) To order any audits as the corporation deems necessary and desirable;212 |
|---|
| 234 | | - | (10) Upon the receipt of a credible complaint of an alleged criminal violation of this213 |
|---|
| 235 | | - | article, to immediately report such complaint to the appropriate law enforcement agency214 |
|---|
| 236 | | - | with jurisdiction to investigate criminal activity;215 |
|---|
| 237 | | - | (11) To provide for the reporting of the applicable amount of state and federal income216 |
|---|
| 238 | | - | tax levied on persons claiming a prize or payout for a winning entry under this article;217 |
|---|
| 239 | | - | (12) To establish and administer programs for providing assistance to individuals with218 |
|---|
| 240 | | - | problem gaming disorders and in furtherance of responsible play, including, but not219 |
|---|
| 241 | | - | limited to:220 |
|---|
| 242 | | - | (A) Educating potential participants on the odds or likelihood of winning any monies,221 |
|---|
| 243 | | - | prizes, or awards;222 |
|---|
| 244 | | - | H. B. 1329 (SUB) |
|---|
| 245 | | - | - 9 - 24 LC 36 5799S |
|---|
| 246 | | - | (B) Establishing and administering programs for educating potential participants about223 |
|---|
| 247 | | - | responsible play, the warning signs of problem gaming disorders, and how to prevent224 |
|---|
| 248 | | - | and treat problem gaming disorders;225 |
|---|
| 249 | | - | (C) Developing and funding responsible education campaigns coupled with prevention226 |
|---|
| 250 | | - | and education efforts within communities that raise awareness of potential signs or risk227 |
|---|
| 251 | | - | factors of problem gaming;228 |
|---|
| 252 | | - | (D) Encouraging the use of harm-minimizing measures by participants, such as229 |
|---|
| 253 | | - | utilizing limit-setting tools and reviewing personal data and information to make230 |
|---|
| 254 | | - | informed decisions about fantasy contests;231 |
|---|
| 255 | | - | (E) Promulgating rules and regulations that enable participants to self-limit with a232 |
|---|
| 256 | | - | licensee and self-exclude from fantasy contest activities state wide. Any such rules or233 |
|---|
| 257 | | - | regulations related to self-exclusion shall require the individual seeking self-exclusion234 |
|---|
| 258 | | - | to provide identifying information, including, at a minimum, full name, address, date235 |
|---|
| 259 | | - | of birth, and the last four digits of the person's social security number;236 |
|---|
| 260 | | - | (F) Adopting processes for individuals to express concerns related to problem gaming237 |
|---|
| 261 | | - | disorders to the corporation;238 |
|---|
| 262 | | - | (G) Developing state-wide advertising guidelines to ensure that the marketing of 239 |
|---|
| 263 | | - | fantasy contests is not targeted to minors and does not include content, themes, and240 |
|---|
| 264 | | - | promotions that have special appeal to individuals with problem gaming disorders; and241 |
|---|
| 265 | | - | (H) Requiring the electronic posting of signs or notifications on online fantasy contest242 |
|---|
| 266 | | - | platforms that bear a toll-free number which provides or directs callers to assistance and243 |
|---|
| 267 | | - | resources for individuals with problem gaming disorders;244 |
|---|
| 268 | | - | (13) To keep a true and full record of all proceedings of the corporation under this article245 |
|---|
| 269 | | - | and preserve at the corporation's principal office all books, documents, and papers of the246 |
|---|
| 270 | | - | corporation; and247 |
|---|
| 271 | | - | (14) To adopt rules and regulations specific to the manner in which a licensee may248 |
|---|
| 272 | | - | advertise its business operations as authorized by this article.249 |
|---|
| 273 | | - | H. B. 1329 (SUB) |
|---|
| 274 | | - | - 10 - 24 LC 36 5799S |
|---|
| 275 | | - | (b) The corporation shall not have the power to prescribe a licensee's maximum or250 |
|---|
| 276 | | - | minimum prize payout of a fantasy contest.251 |
|---|
| 277 | | - | 50-27-124.252 |
|---|
| 278 | | - | The corporation shall prescribe by rules and regulations:253 |
|---|
| 279 | | - | (1) Required verifiable technical and operational measures to be used by licensees to254 |
|---|
| 280 | | - | prevent prohibited participants from taking part in a fantasy contest;255 |
|---|
| 281 | | - | (2) Identity verification procedures to be used by licensees, which may require the use256 |
|---|
| 282 | | - | of a reputable independent third party that is in the business of verifying an individual's257 |
|---|
| 283 | | - | personally identifiable information;258 |
|---|
| 284 | | - | (3) Requirements of geolocation technology to be used by licensees to verify that a259 |
|---|
| 285 | | - | participant is not taking part in a fantasy contest from a restricted jurisdiction;260 |
|---|
| 286 | | - | (4) Compliance with standards to prohibit and detect money laundering or unlawful261 |
|---|
| 287 | | - | banking practices; and262 |
|---|
| 288 | | - | (5) Any reserves that shall be maintained by licensees to provide payouts of prizes to263 |
|---|
| 289 | | - | participants.264 |
|---|
| 290 | | - | Part 2265 |
|---|
| 291 | | - | 50-27-130.266 |
|---|
| 292 | | - | (a) Any person offering, operating, or managing a fantasy contest in this state shall be267 |
|---|
| 293 | | - | licensed by the corporation as a fantasy contest operator.268 |
|---|
| 294 | | - | (b) An applicant for a license shall submit an application on a form in such manner and in269 |
|---|
| 295 | | - | accordance with such requirements as may be prescribed by rules and regulations of the270 |
|---|
| 296 | | - | corporation. Such rules and regulations shall require, at a minimum, that the application271 |
|---|
| 297 | | - | include the following:272 |
|---|
| 298 | | - | (1) The name and principal place of business of the applicant;273 |
|---|
| 299 | | - | H. B. 1329 (SUB) |
|---|
| 300 | | - | - 11 - 24 LC 36 5799S |
|---|
| 301 | | - | (2) If the applicant is an entity, identification of the applicant's principal owners, board274 |
|---|
| 302 | | - | of directors, and officers;275 |
|---|
| 303 | | - | (3) If the applicant is an entity, the name and address of each principal owner;276 |
|---|
| 304 | | - | (4) The applicant's social security number or, if applicable, the applicant's federal tax277 |
|---|
| 305 | | - | identification number;278 |
|---|
| 306 | | - | (5) Evidence of the applicant's certificate of fitness for fantasy contest affiliation279 |
|---|
| 307 | | - | pursuant to Code Section 50-27-180. If the applicant is an entity, such evidence shall be280 |
|---|
| 308 | | - | provided for every individual who is a principal owner;281 |
|---|
| 309 | | - | (6) The name of any jurisdiction in which the applicant has or is currently offering,282 |
|---|
| 310 | | - | conducting, or managing a fantasy contest or has applied for or been granted any license,283 |
|---|
| 311 | | - | registration, or certificate issued by a licensing authority for any fantasy contest or284 |
|---|
| 312 | | - | gaming activity;285 |
|---|
| 313 | | - | (7) Any ownership interest that a director, officer, or principal owner of the applicant286 |
|---|
| 314 | | - | holds in any entity that is or was offering, conducting, or managing a fantasy contest in287 |
|---|
| 315 | | - | any jurisdiction and the name of such jurisdiction;288 |
|---|
| 316 | | - | (8) Notice and a description of civil actions filed against the applicant pertaining to the289 |
|---|
| 317 | | - | payment of taxes to or antitrust or security regulation laws of the federal government, this290 |
|---|
| 318 | | - | state, or any other state, jurisdiction, province, or country;291 |
|---|
| 319 | | - | (9) A nonrefundable application fee and annual licensing fee as follows:292 |
|---|
| 320 | | - | (A) Applicants that are large operators shall pay a nonrefundable application fee in the293 |
|---|
| 321 | | - | amount of $100,000.00 and an annual licensing fee in the amount of $1,000,000.00; and294 |
|---|
| 322 | | - | (B) All other applicants shall not be charged an application fee, but shall pay an annual295 |
|---|
| 323 | | - | licensing fee in the amount of $5,000.00.296 |
|---|
| 324 | | - | The corporation may, at its discretion, charge a reasonable fee to cover the costs of297 |
|---|
| 325 | | - | application review and renewal to all applicants not required to pay a nonrefundable298 |
|---|
| 326 | | - | licensing fee pursuant to subparagraph (B) of this paragraph; and299 |
|---|
| 327 | | - | H. B. 1329 (SUB) |
|---|
| 328 | | - | - 12 - 24 LC 36 5799S |
|---|
| 329 | | - | (10) Any additional information, documents, or assurances required by rules and300 |
|---|
| 330 | | - | regulations of the corporation.301 |
|---|
| 331 | | - | (c) The corporation shall review and approve or deny an application for a license or a302 |
|---|
| 332 | | - | renewal of a license not more than 60 days after receipt of an application.303 |
|---|
| 333 | | - | (d) Any person that was offering fantasy contests to persons located in the state prior to304 |
|---|
| 334 | | - | October 1, 2024, may continue to offer fantasy contests until such person's application for305 |
|---|
| 335 | | - | licensure has been approved or denied in accordance with this article, provided that an306 |
|---|
| 336 | | - | application for licensure that meets all the requirements of this Code section is filed by307 |
|---|
| 337 | | - | such person with the corporation on or before the sixtieth day following the corporation's308 |
|---|
| 338 | | - | publication of such an application for licensure.309 |
|---|
| 339 | | - | (e) The corporation may waive any portion of the licensure review process excepting the310 |
|---|
| 340 | | - | licensure and application fees for an applicant that:311 |
|---|
| 341 | | - | (1) Provides evidence of licensure, registration, or certification in other United States312 |
|---|
| 342 | | - | jurisdictions; or313 |
|---|
| 343 | | - | (2) Has been licensed by the corporation or any other authority under the State of314 |
|---|
| 344 | | - | Georgia as a sports wagering operator.315 |
|---|
| 345 | | - | (f) A licensee may renew its license by submitting an application on a form in such manner316 |
|---|
| 346 | | - | and in accordance with such requirements as may be prescribed by rules and regulations317 |
|---|
| 347 | | - | of the corporation. A licensee shall submit the nonrefundable application fee prescribed318 |
|---|
| 348 | | - | under paragraph (9) of this subsection with its application for license renewal.319 |
|---|
| 349 | | - | (g) Each licensee shall have a continuing duty to promptly inform the corporation of any320 |
|---|
| 350 | | - | change in status relating to any information that may disqualify the licensee from holding321 |
|---|
| 351 | | - | a license under this article.322 |
|---|
| 352 | | - | (h) All licenses issued under this article shall be valid for a term of five years unless323 |
|---|
| 353 | | - | suspended or revoked as provided under this article.324 |
|---|
| 354 | | - | (i) The corporation may adopt rules and regulations prescribing the manner in which a325 |
|---|
| 355 | | - | license may be transferred and a fee for a license transfer.326 |
|---|
| 356 | | - | H. B. 1329 (SUB) |
|---|
| 357 | | - | - 13 - 24 LC 36 5799S |
|---|
| 358 | | - | 50-27-131.327 |
|---|
| 359 | | - | (a) The following persons shall not be eligible to apply for or obtain a license as a fantasy328 |
|---|
| 360 | | - | contest operator:329 |
|---|
| 361 | | - | (1) A member of the board of directors or employee of the corporation or an employee330 |
|---|
| 362 | | - | of a corporation vendor; provided, however, that a corporation vendor as an entity may331 |
|---|
| 363 | | - | be eligible to apply for or obtain a license;332 |
|---|
| 364 | | - | (2) An employee of a professional sports team on which the applicant offers a fantasy333 |
|---|
| 365 | | - | contest;334 |
|---|
| 366 | | - | (3) A coach of or player for a collegiate, professional, or Olympic sports team or sport335 |
|---|
| 367 | | - | for which the applicant offers a fantasy contest, or an entity that has an affiliation or336 |
|---|
| 368 | | - | interest in such a sports team or sport;337 |
|---|
| 369 | | - | (4) An individual who is a member or employee of any professional sports governing338 |
|---|
| 370 | | - | body which the applicant offers a fantasy contest;339 |
|---|
| 371 | | - | (5) An individual or entity with an owner, officer, or director who has been convicted of340 |
|---|
| 372 | | - | a crime of moral turpitude or similar degree as specified in rules and regulations341 |
|---|
| 373 | | - | promulgated by the corporation pursuant to this article;342 |
|---|
| 374 | | - | (6) A person having the ability to directly affect the outcome of a sporting event upon343 |
|---|
| 375 | | - | which the applicant offers a fantasy contest;344 |
|---|
| 376 | | - | (7) A trustee or regent of a governing board of a public or private institution of higher345 |
|---|
| 377 | | - | education;346 |
|---|
| 378 | | - | (8) An individual prohibited by the rules or regulations of a professional sports347 |
|---|
| 379 | | - | governing body or sporting events operator of a collegiate sports team, league, or348 |
|---|
| 380 | | - | association from participating in a fantasy contest;349 |
|---|
| 381 | | - | (9) A student or an employee of a public or private institution of higher education who350 |
|---|
| 382 | | - | has access to material nonpublic information concerning a student athlete or a sports team351 |
|---|
| 383 | | - | unless such access to information is deemed incidental; and352 |
|---|
| 384 | | - | H. B. 1329 (SUB) |
|---|
| 385 | | - | - 14 - 24 LC 36 5799S |
|---|
| 386 | | - | (10) Any other category of persons established by rules and regulations of the353 |
|---|
| 387 | | - | corporation, that, if licensed, would negatively affect the integrity of fantasy contests in354 |
|---|
| 388 | | - | this state.355 |
|---|
| 389 | | - | (b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code356 |
|---|
| 390 | | - | section may hold an ownership interest in an applicant or licensee without disqualifying357 |
|---|
| 391 | | - | the applicant or licensee from obtaining or holding a license; provided, however, that such358 |
|---|
| 392 | | - | an ownership interest of 25 percent or more shall require approval from the corporation. 359 |
|---|
| 393 | | - | In determining whether such an ownership interest shall be the basis of disqualification, the360 |
|---|
| 394 | | - | corporation shall consider whether such interest would negatively affect the integrity of361 |
|---|
| 395 | | - | fantasy contests in this state and any other factors the corporation shall deem relevant.362 |
|---|
| 396 | | - | 50-27-132.363 |
|---|
| 397 | | - | A large operator shall contract with a certified public accountant to conduct an annual364 |
|---|
| 398 | | - | independent audit, consistent with generally accepted standards of accounting and auditing,365 |
|---|
| 399 | | - | as approved by the corporation. The large operator shall submit a copy of such audit report366 |
|---|
| 400 | | - | to the corporation.367 |
|---|
| 401 | | - | Part 3368 |
|---|
| 402 | | - | 50-27-150.369 |
|---|
| 403 | | - | (a) Notwithstanding any other law to the contrary, there shall be imposed an annual370 |
|---|
| 404 | | - | privilege tax of 20 percent of a fantasy contest operator's adjusted gross fantasy contest371 |
|---|
| 405 | | - | receipts in accordance with this Code section. The accrual method of accounting shall be372 |
|---|
| 406 | | - | used for purposes of calculating the amount of the privilege tax owed by the fantasy contest373 |
|---|
| 407 | | - | operator.374 |
|---|
| 408 | | - | (b) The privilege tax imposed under this Code section shall be paid monthly by the fantasy375 |
|---|
| 409 | | - | contest operator based on its monthly adjusted gross fantasy contest receipts for the376 |
|---|
| 410 | | - | H. B. 1329 (SUB) |
|---|
| 411 | | - | - 15 - 24 LC 36 5799S |
|---|
| 412 | | - | immediately preceding calendar month. The privilege tax shall be paid to the corporation377 |
|---|
| 413 | | - | in accordance with rules and regulations promulgated by the corporation. If the fantasy378 |
|---|
| 414 | | - | contest operator's adjusted fantasy contest receipts for a month is a negative number, such379 |
|---|
| 415 | | - | fantasy contest operator may carry over such negative amount to subsequent months.380 |
|---|
| 416 | | - | (c) All moneys from privilege taxes and fees collected under this Code section shall be381 |
|---|
| 417 | | - | distributed and used as provided under Article I, Section II, Paragraph VIII(c) of the382 |
|---|
| 418 | | - | Constitution.383 |
|---|
| 419 | | - | Part 4384 |
|---|
| 420 | | - | 50-27-160.385 |
|---|
| 421 | | - | (a) No person shall knowingly:386 |
|---|
| 422 | | - | (1) Allow a minor to pay an entry fee or otherwise be a participant;387 |
|---|
| 423 | | - | (2) Target minors in advertising or promotions for fantasy contests; or388 |
|---|
| 424 | | - | (3) Accept an entry fee from a prohibited participant.389 |
|---|
| 425 | | - | (b) If the corporation determines that a person has violated any provision of this Code390 |
|---|
| 426 | | - | section, the corporation may impose an administrative fine not to exceed $25,000.00 per391 |
|---|
| 427 | | - | violation or a total of $50,000.00 for violations arising out of the same transaction or392 |
|---|
| 428 | | - | occurrence.393 |
|---|
| 429 | | - | 50 27 161.394 |
|---|
| 430 | | - | (a) Except for those individuals who are prohibited participants, an individual who is 19395 |
|---|
| 431 | | - | years of age or older and who is physically located in this state may take part in a fantasy396 |
|---|
| 432 | | - | contest in this state as a participant in the manner authorized under this article and the rules397 |
|---|
| 433 | | - | and regulations of the corporation.398 |
|---|
| 434 | | - | (b) A fantasy contest operator shall use a geolocation system to ensure that a participant399 |
|---|
| 435 | | - | is physically present in this state when taking part in a fantasy contest.400 |
|---|
| 436 | | - | H. B. 1329 (SUB) |
|---|
| 437 | | - | - 16 - 24 LC 36 5799S |
|---|
| 438 | | - | 50-27-162.401 |
|---|
| 439 | | - | (a) The following individuals and categories of individuals shall not, directly or indirectly,402 |
|---|
| 440 | | - | pay an entry fee for a fantasy contest in this state:403 |
|---|
| 441 | | - | (1) A minor;404 |
|---|
| 442 | | - | (2) Any individual who has excluded himself or herself from the ability to participate in405 |
|---|
| 443 | | - | a fantasy contest offered by the licensee;406 |
|---|
| 444 | | - | (3) Any athlete who is involved in an activity that is the subject of a fantasy contest;407 |
|---|
| 445 | | - | (4) Any coach or trainer of an athlete who is involved in an activity that is the subject of408 |
|---|
| 446 | | - | a fantasy contest;409 |
|---|
| 447 | | - | (5) Any athlete, coach, referee, trainer, or staff of a team that is involved in an activity410 |
|---|
| 448 | | - | that is the subject of a fantasy contest; 411 |
|---|
| 449 | | - | (6) A member, officer, employee, or vendor of the corporation or an officer or employee412 |
|---|
| 450 | | - | of a vendor of the corporation; or413 |
|---|
| 451 | | - | (7) A licensee or principal owner, partner, member of the board of directors, officer, or414 |
|---|
| 452 | | - | supervisory employee of a licensee.415 |
|---|
| 453 | | - | (b) The corporation may prescribe by rules and regulations additional individuals and416 |
|---|
| 454 | | - | categories of individuals who are prohibited from paying an entry fee for a fantasy contest417 |
|---|
| 455 | | - | in this state.418 |
|---|
| 456 | | - | (c) Any individual who pays an entry fee in violation of this Code section:419 |
|---|
| 457 | | - | (1) For a first offense, shall be:420 |
|---|
| 458 | | - | (A) Required to forfeit any prize won as a result of such conduct; and421 |
|---|
| 459 | | - | (B) Guilty of a misdemeanor and fined not less than $500.00 nor more than $1,000.00;422 |
|---|
| 460 | | - | (2) For a second offense, shall be:423 |
|---|
| 461 | | - | (A) Required to forfeit any prize won as a result of such conduct;424 |
|---|
| 462 | | - | (B) Guilty of a misdemeanor; and425 |
|---|
| 463 | | - | (C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more426 |
|---|
| 464 | | - | than five months, or both; and427 |
|---|
| 465 | | - | H. B. 1329 (SUB) |
|---|
| 466 | | - | - 17 - 24 LC 36 5799S |
|---|
| 467 | | - | (3) For a third or subsequent offense, shall be:428 |
|---|
| 468 | | - | (A) Required to forfeit any prize won as a result of such conduct;429 |
|---|
| 469 | | - | (B) Guilty of a misdemeanor of a high and aggravated nature; and430 |
|---|
| 470 | | - | (C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.431 |
|---|
| 471 | | - | 50-27-163.432 |
|---|
| 472 | | - | A fantasy contest operator shall not be considered a fantasy contest participant by virtue433 |
|---|
| 473 | | - | of doing any combination of the following:434 |
|---|
| 474 | | - | (1) Setting house rules for a fantasy contest;435 |
|---|
| 475 | | - | (2) Assigning a salary or target score to any eligible athlete or other sporting event436 |
|---|
| 476 | | - | participant;437 |
|---|
| 477 | | - | (3) Accepting an entry fee from a fantasy contest participant; or438 |
|---|
| 478 | | - | (4) Awarding or disbursing prizes as part of a fantasy contest.439 |
|---|
| 479 | | - | Part 5440 |
|---|
| 480 | | - | 50-27-170.441 |
|---|
| 481 | | - | (a) Each fantasy contest operator shall adopt a registration policy to ensure that all442 |
|---|
| 482 | | - | individuals that pay an entry fee are authorized to be participants with a licensee within this443 |
|---|
| 483 | | - | state. Such policy shall include, without limitation, commercially reasonable mechanisms444 |
|---|
| 484 | | - | to:445 |
|---|
| 485 | | - | (1) Verify the identity and age of the registrant;446 |
|---|
| 486 | | - | (2) Verify that the registrant is not knowingly prohibited from placing a wager under447 |
|---|
| 487 | | - | Code Section 50-27-162; and448 |
|---|
| 488 | | - | (3) Obtain the following information from the registrant:449 |
|---|
| 489 | | - | (A) Legal name;450 |
|---|
| 490 | | - | (B) Date of birth;451 |
|---|
| 491 | | - | H. B. 1329 (SUB) |
|---|
| 492 | | - | - 18 - 24 LC 36 5799S |
|---|
| 493 | | - | (C) Physical address other than a post office box;452 |
|---|
| 494 | | - | (D) A unique username; and453 |
|---|
| 495 | | - | (E) An active email account.454 |
|---|
| 496 | | - | (b) A participant shall not register more than one account with a licensee, and each455 |
|---|
| 497 | | - | licensee shall use commercially and technologically reasonable means to ensure that each456 |
|---|
| 498 | | - | participant is limited to one account.457 |
|---|
| 499 | | - | (c) Each licensee, in addition to complying with state and federal law pertaining to the458 |
|---|
| 500 | | - | protection of the private, personal information of each registered participant, shall use all459 |
|---|
| 501 | | - | other commercially and technologically reasonable means to protect such information460 |
|---|
| 502 | | - | consistent with industry standards.461 |
|---|
| 503 | | - | 50-27-171.462 |
|---|
| 504 | | - | (a) A fantasy contest operator shall allow individuals to voluntarily prohibit themselves463 |
|---|
| 505 | | - | from accessing that participant's registered account with the fantasy contest operator and464 |
|---|
| 506 | | - | to alternatively place limits on the number of fantasy contests in which they can be465 |
|---|
| 507 | | - | participants.466 |
|---|
| 508 | | - | (b) The corporation shall promulgate rules and regulations that require a fantasy contest467 |
|---|
| 509 | | - | operator to implement responsible fantasy contest programs that shall include, but shall not468 |
|---|
| 510 | | - | be limited to, prominently displaying messaging designed to prevent problem gaming469 |
|---|
| 511 | | - | disorders and providing information about how to access resources related to responsible470 |
|---|
| 512 | | - | play.471 |
|---|
| 513 | | - | 50-27-172.472 |
|---|
| 514 | | - | Each licensee shall adopt and adhere to a written comprehensive policy outlining its rules473 |
|---|
| 515 | | - | governing the acceptance of entry fees and payout of prizes offered to winning participants. 474 |
|---|
| 516 | | - | Such policy and rules must be approved by the corporation prior to the acceptance of entry475 |
|---|
| 517 | | - | H. B. 1329 (SUB) |
|---|
| 518 | | - | - 19 - 24 LC 36 5799S |
|---|
| 519 | | - | fees by a licensee. Such policy and rules must be readily available to a participant on the476 |
|---|
| 520 | | - | licensee's public website.477 |
|---|
| 521 | | - | Part 6478 |
|---|
| 522 | | - | 50-27-180.479 |
|---|
| 523 | | - | (a) As used in this Code section, the term 'department' means the Department of Revenue.480 |
|---|
| 524 | | - | (b) Each person required under Code Section 50-28-130 to have a certificate of fitness for481 |
|---|
| 525 | | - | fantasy contest affiliation shall submit to the department an application for such482 |
|---|
| 526 | | - | certification. Such application shall constitute express consent and authorization for the483 |
|---|
| 527 | | - | department to perform a criminal background check. Each applicant who submits an484 |
|---|
| 528 | | - | application to the department for certification agrees to provide the department with any485 |
|---|
| 529 | | - | and all information necessary to run a criminal background check, including, but not486 |
|---|
| 530 | | - | limited to, classifiable sets of fingerprints as set forth in subsection (c) of this Code section. 487 |
|---|
| 531 | | - | The applicant shall be responsible for all fees associated with the performance of such488 |
|---|
| 532 | | - | background check.489 |
|---|
| 533 | | - | (c) An applicant who submits an application for a certificate of fitness for fantasy contest490 |
|---|
| 534 | | - | affiliation to the department shall submit with such application one set of classifiable491 |
|---|
| 535 | | - | electronically recorded fingerprints to the department in accordance with the fingerprint492 |
|---|
| 536 | | - | system of identification established by the director of the Federal Bureau of Investigation. 493 |
|---|
| 537 | | - | The department shall transmit the fingerprints to the Georgia Crime Information Center,494 |
|---|
| 538 | | - | which shall perform technical searches of the fingerprints as required by the National495 |
|---|
| 539 | | - | Fingerprint File Qualification Requirements and, thereafter, submit the fingerprints to the496 |
|---|
| 540 | | - | Federal Bureau of Investigation for a search of the bureau's records. After receiving results497 |
|---|
| 541 | | - | of the Georgia Crime Information Center's technical searches and the Federal Bureau of498 |
|---|
| 542 | | - | Investigation's search of its records, the department shall determine whether the applicant499 |
|---|
| 543 | | - | may be issued a certificate in accordance with subsection (d) of this Code section.500 |
|---|
| 544 | | - | H. B. 1329 (SUB) |
|---|
| 545 | | - | - 20 - 24 LC 36 5799S |
|---|
| 546 | | - | (d) The department shall not issue a certificate of fitness for fantasy contest affiliation to501 |
|---|
| 547 | | - | any person who has been convicted of, has been found guilty of, or has pled guilty to,502 |
|---|
| 548 | | - | regardless of adjudication and in any jurisdiction, any felony or any misdemeanor that is503 |
|---|
| 549 | | - | directly related to gambling, dishonesty, theft, or fraud.504 |
|---|
| 550 | | - | Part 7505 |
|---|
| 551 | | - | 50-27-190.506 |
|---|
| 552 | | - | Members of the corporation or designated employees thereof may, during normal business507 |
|---|
| 553 | | - | hours, enter the premises of any facility of a licensee, or a third party utilized by the508 |
|---|
| 554 | | - | licensee to operate and conduct business in accordance with this article, for the purpose of509 |
|---|
| 555 | | - | inspecting books and records kept as required by this article to ensure that the licensee is510 |
|---|
| 556 | | - | in compliance with this article or to make any other inspection of the premises necessary511 |
|---|
| 557 | | - | to protect the public interests of this state and its consumers.512 |
|---|
| 558 | | - | 50-27-191.513 |
|---|
| 559 | | - | (a) The corporation and licensees shall use commercially reasonable efforts to cooperate514 |
|---|
| 560 | | - | with investigations conducted by law enforcement agencies, including, but not limited to,515 |
|---|
| 561 | | - | using commercially reasonable efforts to provide or facilitate the provision of account-level516 |
|---|
| 562 | | - | entry and participation information.517 |
|---|
| 563 | | - | (b) Licensees shall promptly report to the corporation any information relating to:518 |
|---|
| 564 | | - | (1) A confirmed breach of a relevant sports governing body's internal rules and codes of519 |
|---|
| 565 | | - | conduct pertaining to participation in gambling;520 |
|---|
| 566 | | - | (2) Any conduct that corrupts any outcome related to a sporting event for purposes of521 |
|---|
| 567 | | - | financial gain, including match fixing; and522 |
|---|
| 568 | | - | H. B. 1329 (SUB) |
|---|
| 569 | | - | - 21 - 24 LC 36 5799S |
|---|
| 570 | | - | (3) Illegal activity, including, but not limited to, the use of funds derived from illegal523 |
|---|
| 571 | | - | activity, entries to conceal or launder funds derived from illegal activity, multi524 |
|---|
| 572 | | - | accounting, and using false identification.525 |
|---|
| 573 | | - | (c) All records, documents, and information received by the corporation pursuant to this526 |
|---|
| 574 | | - | Code section shall be considered investigative records of a law enforcement agency and527 |
|---|
| 575 | | - | shall not be subject to Article 4 of Chapter 18 of this title.528 |
|---|
| 576 | | - | 50-27-192.529 |
|---|
| 577 | | - | (a) The corporation may investigate and conduct a hearing with respect to a licensee upon530 |
|---|
| 578 | | - | information and belief that the licensee has violated this article. The corporation shall531 |
|---|
| 579 | | - | conduct investigations and hearings in accordance with rules and regulations adopted by532 |
|---|
| 580 | | - | the corporation.533 |
|---|
| 581 | | - | (b) If the corporation determines that a licensee has violated any provision of this article534 |
|---|
| 582 | | - | or any rules and regulations of the corporation, the corporation may suspend, revoke, or535 |
|---|
| 583 | | - | refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per536 |
|---|
| 584 | | - | violation or a total of $50,000.00 for violations arising out of the same transaction or537 |
|---|
| 585 | | - | occurrence; or both.538 |
|---|
| 586 | | - | (c) The corporation shall promulgate rules and regulations establishing a schedule of539 |
|---|
| 587 | | - | administrative fines that may be assessed in accordance with subsection (b) of this Code540 |
|---|
| 588 | | - | section for each violation of this article; provided, however, that, if the corporation finds541 |
|---|
| 589 | | - | that a licensee is knowingly allowing prohibited participants to participate in fantasy542 |
|---|
| 590 | | - | contests in this state, the corporation shall impose a fine against the licensee as follows:543 |
|---|
| 591 | | - | (1) For a first offense, $1,000.00;544 |
|---|
| 592 | | - | (2) For a second offense, $2,000.00; and545 |
|---|
| 593 | | - | (3) For a third or subsequent offense, $5,000.00; or546 |
|---|
| 594 | | - | (4) If the corporation receives a complaint of prohibited conduct by an athlete, the547 |
|---|
| 595 | | - | corporation shall notify the appropriate sports governing body of the athlete.548 |
|---|
| 596 | | - | H. B. 1329 (SUB) |
|---|
| 597 | | - | - 22 - 24 LC 36 5799S |
|---|
| 598 | | - | 50-27-193.549 |
|---|
| 599 | | - | (a) Any person that violates any provisions of this article shall be liable for a civil penalty550 |
|---|
| 600 | | - | of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising551 |
|---|
| 601 | | - | out of the same transaction or occurrence, which shall accrue to the corporation and may552 |
|---|
| 602 | | - | be recovered in a civil action brought by or on behalf of the corporation.553 |
|---|
| 603 | | - | (b) The corporation may seek and obtain an injunction in a court of competent jurisdiction554 |
|---|
| 604 | | - | for purposes of enforcing this article.555 |
|---|
| 605 | | - | (c) Costs shall not be taxed against the corporation or this state for actions brought under556 |
|---|
| 606 | | - | this article.557 |
|---|
| 607 | | - | 50-27-194.558 |
|---|
| 608 | | - | (a) Fines assessed under this article shall be accounted for separately for use by the559 |
|---|
| 609 | | - | corporation in a manner consistent with rules and regulations of the corporation.560 |
|---|
| 610 | | - | (b) The corporation may issue subpoenas to compel the attendance of witnesses and the561 |
|---|
| 611 | | - | production of relevant books, accounts, records, and documents for purposes of carrying562 |
|---|
| 612 | | - | out its duties under this article.563 |
|---|
| 613 | | - | 50-27-195.564 |
|---|
| 614 | | - | (a) A licensee or other individual aggrieved by a final decision or action of the corporation565 |
|---|
| 615 | | - | may appeal such decision or action to the Superior Court of Fulton County.566 |
|---|
| 616 | | - | (b) The Superior Court of Fulton County shall hear appeals from decisions or actions of567 |
|---|
| 617 | | - | the corporation and, based upon the record of the proceedings before the corporation, may568 |
|---|
| 618 | | - | reverse the decision or action of the corporation only if the appellant proves the decision569 |
|---|
| 619 | | - | or action to be:570 |
|---|
| 620 | | - | (1) Clearly erroneous;571 |
|---|
| 621 | | - | (2) Arbitrary and capricious;572 |
|---|
| 622 | | - | (3) Procured by fraud;573 |
|---|
| 623 | | - | H. B. 1329 (SUB) |
|---|
| 624 | | - | - 23 - 24 LC 36 5799S |
|---|
| 625 | | - | (4) A result of substantial misconduct by the corporation; or574 |
|---|
| 626 | | - | (5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.575 |
|---|
| 627 | | - | (c) The Superior Court of Fulton County may remand an appeal to the corporation to576 |
|---|
| 628 | | - | conduct further hearings.577 |
|---|
| 629 | | - | PART III.578 |
|---|
| 630 | | - | SECTION 3-1.579 |
|---|
| 631 | | - | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,580 |
|---|
| 632 | | - | relating to gambling, is amended by revising paragraph (1) of Code Section 16-12-20,581 |
|---|
| 633 | | - | relating to definitions, as follows:582 |
|---|
| 634 | | - | "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied583 |
|---|
| 635 | | - | by some skill, one stands to win or lose something of value. A bet does not include:584 |
|---|
| 636 | | - | (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;585 |
|---|
| 637 | | - | or586 |
|---|
| 638 | | - | (B) An offer of a prize, award, or compensation to the actual contestants in any bona587 |
|---|
| 639 | | - | fide contest for the determination of skill, speed, strength, or endurance or to the owners588 |
|---|
| 640 | | - | of animals, vehicles, watercraft, or aircraft entered in such contest; or589 |
|---|
| 641 | | - | (C) Any consideration paid to participate in a fantasy contest as defined in Code590 |
|---|
| 642 | | - | Section 50-27-122 and offered pursuant to Article 4 of Chapter 27 of Title 50."591 |
|---|
| 643 | | - | SECTION 3-2.592 |
|---|
| 644 | | - | Said part is further amended by revising Code Section 16-12-27, relating to advertisement593 |
|---|
| 645 | | - | or solicitation for participation in lotteries, as follows:594 |
|---|
| 646 | | - | "16-12-27.595 |
|---|
| 647 | | - | (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to596 |
|---|
| 648 | | - | sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio597 |
|---|
| 649 | | - | H. B. 1329 (SUB) |
|---|
| 650 | | - | - 24 - 24 LC 36 5799S |
|---|
| 651 | | - | commercial, or any book, magazine, periodical, newspaper, or other written or printed598 |
|---|
| 652 | | - | matter containing an advertisement or solicitation for participation in any lottery declared599 |
|---|
| 653 | | - | to be unlawful by the laws of this state unless such advertisement, commercial, or600 |
|---|
| 654 | | - | solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be601 |
|---|
| 655 | | - | clearly legible or audible to persons viewing or hearing such advertisement, commercial,602 |
|---|
| 656 | | - | or solicitation.603 |
|---|
| 657 | | - | (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of604 |
|---|
| 658 | | - | this Code section shall be guilty of a misdemeanor.605 |
|---|
| 659 | | - | (c) This Code section shall not apply to any advertisement or solicitation for participation606 |
|---|
| 660 | | - | in a fantasy contest by any person licensed by the Georgia Lottery Corporation under607 |
|---|
| 661 | | - | Article 4 of Chapter 27 of Title 50 that is concerning such licensee's lawful activities."608 |
|---|
| 662 | | - | SECTION 3-3.609 |
|---|
| 663 | | - | Said part is further amended by revising Code Section 16-12-28, relating to communicating610 |
|---|
| 664 | | - | gambling information, as follows:611 |
|---|
| 665 | | - | "16-12-28.612 |
|---|
| 666 | | - | (a) A person who knowingly communicates information as to bets, betting odds, or613 |
|---|
| 667 | | - | changes in betting odds or who knowingly installs or maintains equipment for the614 |
|---|
| 668 | | - | transmission or receipt of such information with the intent to further gambling commits the615 |
|---|
| 669 | | - | offense of communicating gambling information.616 |
|---|
| 670 | | - | (b) A person who commits the offense of communicating gambling information, upon617 |
|---|
| 671 | | - | conviction thereof, shall be punished by imprisonment for not less than one nor more than618 |
|---|
| 672 | | - | five years or by a fine not to exceed $5,000.00, or both.619 |
|---|
| 673 | | - | (c) This Code section shall not apply to the activities of a person licensed by the Georgia620 |
|---|
| 674 | | - | Lottery Corporation under Article 4 of Chapter 27 of Title 50 or an employee, agent, or621 |
|---|
| 675 | | - | other person acting in furtherance of his or her employment or grant of agency by such622 |
|---|
| 676 | | - | licensee."623 |
|---|
| 677 | | - | H. B. 1329 (SUB) |
|---|
| 678 | | - | - 25 - 24 LC 36 5799S |
|---|
| 679 | | - | PART IV.624 |
|---|
| 680 | | - | SECTION 4-1.625 |
|---|
| 681 | | - | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is626 |
|---|
| 682 | | - | amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from627 |
|---|
| 683 | | - | state sales and use tax, as follows:628 |
|---|
| 684 | | - | "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or entry fees629 |
|---|
| 685 | | - | authorized by Article 4 of Chapter 27 of Title 50;"630 |
|---|
| 686 | | - | PART V.631 |
|---|
| 687 | | - | SECTION 5-1.632 |
|---|
| 688 | | - | For purposes of promulgating rules and regulations, this Act shall become effective upon its633 |
|---|
| 689 | | - | approval by the Governor or upon its becoming law without such approval. For all other634 |
|---|
| 690 | | - | purposes, this Act shall become effective on October 1, 2024.635 |
|---|
| 691 | | - | SECTION 5-2.636 |
|---|
| 692 | | - | All laws and parts of laws in conflict with this Act are repealed.637 |
|---|
| 693 | | - | H. B. 1329 (SUB) |
|---|
| 60 | + | fantasy sports contest as defined in Code Section 50-27-122 or traditional lottery games41 |
|---|
| 61 | + | which may involve the distribution of winnings by pools."42 |
|---|
| 62 | + | H. B. 1329 |
|---|
| 63 | + | - 2 - 24 LC 36 5758 |
|---|
| 64 | + | "(23.1) 'Fantasy contest' shall have the same meaning as provided in Code Section43 |
|---|
| 65 | + | 50-27-122."44 |
|---|
| 66 | + | SECTION 1-2.45 |
|---|
| 67 | + | Said title is further amended in Code Section 50-27-9, relating to general powers of the46 |
|---|
| 68 | + | Georgia Lottery Corporation, by revising paragraphs (18) and (19) of subsection (a) and47 |
|---|
| 69 | + | adding a new paragraph to read as follows:48 |
|---|
| 70 | + | "(18) To act as a retailer, to conduct promotions which involve the dispensing of lottery49 |
|---|
| 71 | + | tickets or shares, and to establish and operate a sales facility to sell lottery tickets or50 |
|---|
| 72 | + | shares and any related merchandise; and51 |
|---|
| 73 | + | (19) To perform any actions and carry out any responsibilities provided for in Article 452 |
|---|
| 74 | + | of this chapter; and53 |
|---|
| 75 | + | (19)(20) To adopt and amend such regulations, policies, and procedures as necessary to54 |
|---|
| 76 | + | carry out and implement its powers and duties, organize and operate the corporation,55 |
|---|
| 77 | + | regulate the conduct of lottery games in general, and any other matters necessary or56 |
|---|
| 78 | + | desirable for the efficient and effective operation of the lottery or the convenience of the57 |
|---|
| 79 | + | public. The promulgation of any such regulations, policies, and procedures shall be58 |
|---|
| 80 | + | exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative59 |
|---|
| 81 | + | Procedure Act.'"60 |
|---|
| 82 | + | PART II.61 |
|---|
| 83 | + | SECTION 2-1.62 |
|---|
| 84 | + | Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia63 |
|---|
| 85 | + | Lottery for Education Act," to read as follows:64 |
|---|
| 86 | + | H. B. 1329 |
|---|
| 87 | + | - 3 - 24 LC 36 5758 |
|---|
| 88 | + | "ARTICLE 465 |
|---|
| 89 | + | Part 166 |
|---|
| 90 | + | 50-27-120.67 |
|---|
| 91 | + | This article shall be known and may be cited as the 'Georgia Fantasy Contest Consumer68 |
|---|
| 92 | + | Protection Act.'69 |
|---|
| 93 | + | 50-27-121.70 |
|---|
| 94 | + | The General Assembly finds that:71 |
|---|
| 95 | + | (1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia72 |
|---|
| 96 | + | authorizes the General Assembly to provide by law for any matters relating to purposes73 |
|---|
| 97 | + | or provisions of that subparagraph, including, but not limited to, the operation and74 |
|---|
| 98 | + | regulation of a lottery or lotteries and which purposes and provisions may encompass a75 |
|---|
| 99 | + | fantasy contest or fantasy contests as a game or games offered by the Georgia Lottery76 |
|---|
| 100 | + | Corporation;77 |
|---|
| 101 | + | (2) All fantasy contests shall be overseen and regulated by the Georgia Lottery78 |
|---|
| 102 | + | Corporation in a manner that provides continuing entertainment to the public, maximizes79 |
|---|
| 103 | + | revenues, protects consumers, and ensures that such fantasy contests are operated in this80 |
|---|
| 104 | + | state with integrity and dignity and free of political influence;81 |
|---|
| 105 | + | (3) The corporation shall be accountable to the General Assembly and to the public for82 |
|---|
| 106 | + | the management and oversight of fantasy contests in this state through a system of audits83 |
|---|
| 107 | + | and reports;84 |
|---|
| 108 | + | (4) The ability to offer fantasy contests in this state under a license issued in accordance85 |
|---|
| 109 | + | with this article constitutes a taxable privilege and not a right; and86 |
|---|
| 110 | + | (5) Net proceeds of fantasy contests conducted pursuant to this article shall be used for87 |
|---|
| 111 | + | the purposes authorized by Article I, Section II, Paragraph VIII(c) of the Constitution.88 |
|---|
| 112 | + | H. B. 1329 |
|---|
| 113 | + | - 4 - 24 LC 36 5758 |
|---|
| 114 | + | 50-27-122.89 |
|---|
| 115 | + | As used in this article, the term:90 |
|---|
| 116 | + | (1) 'Adjusted gross fantasy contest receipts' means the amount equal to the total of all91 |
|---|
| 117 | + | entry fees that a fantasy contest operator collects from all participants minus federal92 |
|---|
| 118 | + | excise taxes paid on entry fees and the total of all prizes paid out to all participants93 |
|---|
| 119 | + | multiplied by the location percentage for this state.94 |
|---|
| 120 | + | (2) 'Applicant' means any person that applies for a license under this article.95 |
|---|
| 121 | + | (3) 'Entry fee' means a nonrefundable cash or cash equivalent payment that is paid by a96 |
|---|
| 122 | + | participant and set in advance by a fantasy contest operator granting the participant the97 |
|---|
| 123 | + | right to participate in a fantasy contest.98 |
|---|
| 124 | + | (4) 'Fantasy contest' means any online fantasy or simulated game or contest of skill with99 |
|---|
| 125 | + | an entry fee in which:100 |
|---|
| 126 | + | (A) The values of all prizes offered to a winning participant are established and made101 |
|---|
| 127 | + | known to the participant in advance of the contest;102 |
|---|
| 128 | + | (B) All winning outcomes reflect the relative knowledge and skill of the participant;103 |
|---|
| 129 | + | (C) The participant assembles, owns, or manages a fictional entry or roster of actual104 |
|---|
| 130 | + | professional or amateur athletes who participate in real-world sporting events;105 |
|---|
| 131 | + | (D) A participant competes for prizes awarded by the fantasy contest operator based106 |
|---|
| 132 | + | on terms and conditions published by the fantasy contest operator and made known to107 |
|---|
| 133 | + | the participant in advance of the contest;108 |
|---|
| 134 | + | (E) Winning outcomes are determined solely by clearly established scoring criteria109 |
|---|
| 135 | + | based on one or more statistical results of the performance of individual athletes in110 |
|---|
| 136 | + | sporting events, including, but not limited to, a fantasy score or a single-statistical111 |
|---|
| 137 | + | measure of performance; and112 |
|---|
| 138 | + | (F) No winning outcome is entirely based on the score, point spread, or any113 |
|---|
| 139 | + | performance of any single actual team or combination of teams or solely on any single114 |
|---|
| 140 | + | performance of an individual athlete or player in any single sporting event. Such term115 |
|---|
| 141 | + | H. B. 1329 |
|---|
| 142 | + | - 5 - 24 LC 36 5758 |
|---|
| 143 | + | may include contests wherein participants compete against each other and contests116 |
|---|
| 144 | + | wherein only a single participant competes against a target score set by the fantasy117 |
|---|
| 145 | + | contest operator. Such term shall not include any fantasy contest without an entry fee.118 |
|---|
| 146 | + | (5) 'Fantasy contest operator' or 'operator' shall mean a person that offers fantasy contests119 |
|---|
| 147 | + | to members of the public. Such term shall not include an internet service provider or a120 |
|---|
| 148 | + | provider of mobile data services merely as a result of such provider transporting general121 |
|---|
| 149 | + | traffic that may include a fantasy contest.122 |
|---|
| 150 | + | (6) 'Large operator' means an operator that, at the time of receiving its initial or renewed123 |
|---|
| 151 | + | fantasy contest operator license, has adjusted gross fantasy contests receipts greater than124 |
|---|
| 152 | + | or equal to $5 million for the preceding 12 months.125 |
|---|
| 153 | + | (7) 'License' means any of the licenses issued by the corporation under this article.126 |
|---|
| 154 | + | (8) 'Licensee' means a person that holds a license issued by the corporation under this127 |
|---|
| 155 | + | article.128 |
|---|
| 156 | + | (9) 'Location percentage' means the percentage rounded to the nearest tenth of 1 percent129 |
|---|
| 157 | + | of the total entry fees collected from players located in this state divided by the total entry130 |
|---|
| 158 | + | fees collected from all players in this state in the fantasy contest activity.131 |
|---|
| 159 | + | (10) 'Minor' means an individual who is under 19 years of age.132 |
|---|
| 160 | + | (11) 'Participant' means an individual who participates in a fantasy contest offered by a133 |
|---|
| 161 | + | fantasy contest operator.134 |
|---|
| 162 | + | (12) 'Person' means an individual or entity.135 |
|---|
| 163 | + | (13) 'Principal owner' means a person that owns an interest of 10 percent or more of the136 |
|---|
| 164 | + | entity.137 |
|---|
| 165 | + | (14) 'Prohibited participant' means any individual prohibited from paying an entry fee138 |
|---|
| 166 | + | for a fantasy contest under Code Section 50-27-162.139 |
|---|
| 167 | + | (15) 'Sports governing body' means the organization, league, or association that oversees140 |
|---|
| 168 | + | a professional sporting event and prescribes final rules and enforces codes of conduct141 |
|---|
| 169 | + | with respect to such professional sporting event and participants therein.142 |
|---|
| 170 | + | H. B. 1329 |
|---|
| 171 | + | - 6 - 24 LC 36 5758 |
|---|
| 172 | + | (16) 'Sporting event' means any:143 |
|---|
| 173 | + | (A) Professional sporting or professional athletic event, including motor sports,144 |
|---|
| 174 | + | sanctioned by a national or international organization or association;145 |
|---|
| 175 | + | (B) Collegiate sporting event;146 |
|---|
| 176 | + | (C) Olympic sporting or athletic event;147 |
|---|
| 177 | + | (D) Sporting or athletic event sanctioned by a national or international organization or148 |
|---|
| 178 | + | association;149 |
|---|
| 179 | + | (E) Sporting or athletic event conducted or organized by a sporting events operator;150 |
|---|
| 180 | + | (F) Esports event; or151 |
|---|
| 181 | + | (G) Other events authorized by the corporation. Such term shall not include any event152 |
|---|
| 182 | + | of which the majority of the participants are under the age of 18 years.153 |
|---|
| 183 | + | 50-27-123.154 |
|---|
| 184 | + | (a) The corporation shall have all powers and duties necessary to carry out the provisions155 |
|---|
| 185 | + | of this article and to exercise the control of the fantasy contests in this state as authorized156 |
|---|
| 186 | + | by this article. Such powers and duties shall include, but shall not be limited to, the157 |
|---|
| 187 | + | following:158 |
|---|
| 188 | + | (1) To have jurisdiction, supervision, and regulatory authority over fantasy contests,159 |
|---|
| 189 | + | including, but not limited to, regulation and licensure of fantasy contests on mobile160 |
|---|
| 190 | + | applications available state wide via the internet;161 |
|---|
| 191 | + | (2) To appoint and employ such persons as the corporation deems essential to perform162 |
|---|
| 192 | + | its duties under this article and to ensure that such fantasy contests are conducted with163 |
|---|
| 193 | + | order and the highest integrity. Such employees shall possess such authority and perform164 |
|---|
| 194 | + | such duties as the corporation shall prescribe or delegate to them. Such employees shall165 |
|---|
| 195 | + | be compensated as provided by the corporation;166 |
|---|
| 196 | + | (3) To enter upon, investigate, and have free access to all places of business of any167 |
|---|
| 197 | + | licensee under this article and to compel the production of any books, ledgers, documents,168 |
|---|
| 198 | + | H. B. 1329 |
|---|
| 199 | + | - 7 - 24 LC 36 5758 |
|---|
| 200 | + | records, memoranda, or other information of any licensee to ensure such licensee's169 |
|---|
| 201 | + | compliance with the rules and regulations promulgated by the corporation pursuant to this170 |
|---|
| 202 | + | article;171 |
|---|
| 203 | + | (4) To promulgate any rules and regulations as the corporation deems necessary and172 |
|---|
| 204 | + | proper to administer the provisions of this article; provided, however, that, prior to173 |
|---|
| 205 | + | October 1, 2024, the initial rules and regulations governing fantasy contests shall be174 |
|---|
| 206 | + | promulgated and adopted after a period of public comment. Such initial rules and175 |
|---|
| 207 | + | regulations and all other rules and regulations of the corporation promulgated and176 |
|---|
| 208 | + | adopted pursuant to this article shall not be subject to Chapter 13 of this title, the 'Georgia177 |
|---|
| 209 | + | Administrative Procedure Act';178 |
|---|
| 210 | + | (5) To issue subpoenas for the attendance of witnesses before the corporation, administer179 |
|---|
| 211 | + | oaths, and compel production of records or other documents and testimony of witnesses180 |
|---|
| 212 | + | whenever, in the judgment of the corporation, it is necessary to do so for the effectual181 |
|---|
| 213 | + | discharge of the duties of the corporation under this article;182 |
|---|
| 214 | + | (6) To compel any person licensed by the corporation to file with the corporation such183 |
|---|
| 215 | + | data, documents, and information as shall appear to the corporation to be necessary for184 |
|---|
| 216 | + | the performance of the duties of the corporation under this article;185 |
|---|
| 217 | + | (7) To prescribe the manner in which books and records of persons licensed or permitted186 |
|---|
| 218 | + | by the corporation under this article shall be kept;187 |
|---|
| 219 | + | (8) To enter into arrangements with any foreign or domestic government or188 |
|---|
| 220 | + | governmental agency for the purposes of exchanging information or performing any other189 |
|---|
| 221 | + | act to better ensure the proper conduct of fantasy contests under this article;190 |
|---|
| 222 | + | (9) To order any audits as the corporation deems necessary and desirable;191 |
|---|
| 223 | + | (10) Upon the receipt of a credible complaint of an alleged criminal violation of this192 |
|---|
| 224 | + | article, to immediately report such complaint to the appropriate law enforcement agency193 |
|---|
| 225 | + | with jurisdiction to investigate criminal activity;194 |
|---|
| 226 | + | H. B. 1329 |
|---|
| 227 | + | - 8 - 24 LC 36 5758 |
|---|
| 228 | + | (11) To provide for the reporting of the applicable amount of state and federal income195 |
|---|
| 229 | + | tax levied on persons claiming a prize or payout for a winning entry under this article;196 |
|---|
| 230 | + | (12) To establish and administer programs for providing assistance to individuals with197 |
|---|
| 231 | + | problem gaming disorders and in furtherance of responsible play, including, but not198 |
|---|
| 232 | + | limited to:199 |
|---|
| 233 | + | (A) Educating potential participants on the odds or likelihood of winning any monies,200 |
|---|
| 234 | + | prizes, or awards;201 |
|---|
| 235 | + | (B) Establishing and administering programs for educating potential participants about202 |
|---|
| 236 | + | responsible play, the warning signs of problem gaming disorders, and how to prevent203 |
|---|
| 237 | + | and treat problem gaming disorders;204 |
|---|
| 238 | + | (C) Developing and funding responsible education campaigns coupled with prevention205 |
|---|
| 239 | + | and education efforts within communities that raise awareness of potential signs or risk206 |
|---|
| 240 | + | factors of problem gaming;207 |
|---|
| 241 | + | (D) Encouraging the use of harm-minimizing measures by participants, such as208 |
|---|
| 242 | + | utilizing limit-setting tools and reviewing personal data and information to make209 |
|---|
| 243 | + | informed decisions about fantasy contests;210 |
|---|
| 244 | + | (E) Promulgating rules and regulations that enable participants to self-limit with a211 |
|---|
| 245 | + | licensee and self-exclude from fantasy contest activities state wide. Any such rules or212 |
|---|
| 246 | + | regulations related to self-exclusion shall require the individual seeking self-exclusion213 |
|---|
| 247 | + | to provide identifying information, including, at a minimum, full name, address, date214 |
|---|
| 248 | + | of birth, and the last four digits of the person's social security number;215 |
|---|
| 249 | + | (F) Adopting processes for individuals to express concerns related to problem gaming216 |
|---|
| 250 | + | disorders to the corporation;217 |
|---|
| 251 | + | (G) Developing state-wide advertising guidelines to ensure that the marketing of 218 |
|---|
| 252 | + | fantasy contests is not targeted to minors and does not include content, themes, and219 |
|---|
| 253 | + | promotions that have special appeal to individuals with problem gaming disorders; and220 |
|---|
| 254 | + | H. B. 1329 |
|---|
| 255 | + | - 9 - 24 LC 36 5758 |
|---|
| 256 | + | (H) Requiring the electronic posting of signs or notifications on online fantasy contest221 |
|---|
| 257 | + | platforms that bear a toll-free number which provides or directs callers to assistance and222 |
|---|
| 258 | + | resources for individuals with problem gaming disorders;223 |
|---|
| 259 | + | (13) To keep a true and full record of all proceedings of the corporation under this article224 |
|---|
| 260 | + | and preserve at the corporation's principal office all books, documents, and papers of the225 |
|---|
| 261 | + | corporation; and226 |
|---|
| 262 | + | (14) To adopt rules and regulations specific to the manner in which a licensee may227 |
|---|
| 263 | + | advertise its business operations as authorized by this article.228 |
|---|
| 264 | + | (b) The corporation shall not have the power to prescribe a licensee's maximum or229 |
|---|
| 265 | + | minimum prize payout of a fantasy contest.230 |
|---|
| 266 | + | 50-27-124.231 |
|---|
| 267 | + | The corporation shall prescribe by rules and regulations:232 |
|---|
| 268 | + | (1) Required verifiable technical and operational measures to be used by licensees to233 |
|---|
| 269 | + | prevent prohibited participants from taking part in a fantasy contest;234 |
|---|
| 270 | + | (2) Identity verification procedures to be used by licensees, which may require the use235 |
|---|
| 271 | + | of a reputable independent third party that is in the business of verifying an individual's236 |
|---|
| 272 | + | personally identifiable information;237 |
|---|
| 273 | + | (3) Requirements of geolocation technology to be used by licensees to verify that a238 |
|---|
| 274 | + | participant is not taking part in a fantasy contest from a restricted jurisdiction;239 |
|---|
| 275 | + | (4) Compliance with standards to prohibit and detect money laundering or unlawful240 |
|---|
| 276 | + | banking practices; and241 |
|---|
| 277 | + | (5) Any reserves that shall be maintained by licensees to provide payouts of prizes to242 |
|---|
| 278 | + | participants.243 |
|---|
| 279 | + | H. B. 1329 |
|---|
| 280 | + | - 10 - 24 LC 36 5758 |
|---|
| 281 | + | Part 2244 |
|---|
| 282 | + | 50-27-130.245 |
|---|
| 283 | + | (a) Any person offering, operating, or managing a fantasy contest in this state shall be246 |
|---|
| 284 | + | licensed by the corporation as a fantasy contest operator.247 |
|---|
| 285 | + | (b) An applicant for a license shall submit an application on a form in such manner and in248 |
|---|
| 286 | + | accordance with such requirements as may be prescribed by rules and regulations of the249 |
|---|
| 287 | + | corporation. Such rules and regulations shall require, at a minimum, that the application250 |
|---|
| 288 | + | include the following:251 |
|---|
| 289 | + | (1) The name and principal place of business of the applicant;252 |
|---|
| 290 | + | (2) If the applicant is an entity, identification of the applicant's principal owners, board253 |
|---|
| 291 | + | of directors, and officers;254 |
|---|
| 292 | + | (3) If the applicant is an entity, the name and address of each principal owner;255 |
|---|
| 293 | + | (4) The applicant's social security number or, if applicable, the applicant's federal tax256 |
|---|
| 294 | + | identification number;257 |
|---|
| 295 | + | (5) Evidence of the applicant's certificate of fitness for fantasy contest affiliation258 |
|---|
| 296 | + | pursuant to Code Section 50-27-180. If the applicant is an entity, such evidence shall be259 |
|---|
| 297 | + | provided for every individual who is a principal owner;260 |
|---|
| 298 | + | (6) The name of any jurisdiction in which the applicant has or is currently offering,261 |
|---|
| 299 | + | conducting, or managing a fantasy contest or has applied for or been granted any license,262 |
|---|
| 300 | + | registration, or certificate issued by a licensing authority for any fantasy contest or263 |
|---|
| 301 | + | gaming activity;264 |
|---|
| 302 | + | (7) Any ownership interest that a director, officer, or principal owner of the applicant265 |
|---|
| 303 | + | holds in any entity that is or was offering, conducting, or managing a fantasy contest in266 |
|---|
| 304 | + | any jurisdiction and the name of such jurisdiction;267 |
|---|
| 305 | + | H. B. 1329 |
|---|
| 306 | + | - 11 - 24 LC 36 5758 |
|---|
| 307 | + | (8) Notice and a description of civil actions filed against the applicant pertaining to the268 |
|---|
| 308 | + | payment of taxes to or antitrust or security regulation laws of the federal government, this269 |
|---|
| 309 | + | state, or any other state, jurisdiction, province, or country;270 |
|---|
| 310 | + | (9) A nonrefundable application fee and annual licensing fee as follows:271 |
|---|
| 311 | + | (A) Applicants that are large operators shall pay a nonrefundable application fee in the272 |
|---|
| 312 | + | amount of $100,000.00 and an annual licensing fee in the amount of $1,000,000.00; and273 |
|---|
| 313 | + | (B) All other applicants shall not be charged an application fee, but shall pay an annual274 |
|---|
| 314 | + | licensing fee in the amount of $5,000.00.275 |
|---|
| 315 | + | The corporation may, at its discretion, charge a reasonable fee to cover the costs of276 |
|---|
| 316 | + | application review and renewal to all applicants not required to pay a nonrefundable277 |
|---|
| 317 | + | licensing fee pursuant to subparagraph (B) of this paragraph; and278 |
|---|
| 318 | + | (10) Any additional information, documents, or assurances required by rules and279 |
|---|
| 319 | + | regulations of the corporation.280 |
|---|
| 320 | + | (c) The corporation shall review and approve or deny an application for a license or a281 |
|---|
| 321 | + | renewal of a license not more than 60 days after receipt of an application.282 |
|---|
| 322 | + | (d) Any person that was offering fantasy contests to persons located in the state prior to283 |
|---|
| 323 | + | October 1, 2024, may continue to offer fantasy contests until such person's application for284 |
|---|
| 324 | + | licensure has been approved or denied in accordance with this article, provided that an285 |
|---|
| 325 | + | application for licensure that meets all the requirements of this Code section is filed by286 |
|---|
| 326 | + | such person with the corporation on or before the sixtieth day following the corporation's287 |
|---|
| 327 | + | publication of such an application for licensure.288 |
|---|
| 328 | + | (e) The corporation may waive any portion of the licensure review process excepting the289 |
|---|
| 329 | + | licensure and application fees for an applicant that:290 |
|---|
| 330 | + | (1) Provides evidence of licensure, registration, or certification in other United States291 |
|---|
| 331 | + | jurisdictions; or292 |
|---|
| 332 | + | (2) Has been licensed by the corporation or any other authority under the State of293 |
|---|
| 333 | + | Georgia as a sports wagering operator.294 |
|---|
| 334 | + | H. B. 1329 |
|---|
| 335 | + | - 12 - 24 LC 36 5758 |
|---|
| 336 | + | (f) A licensee may renew its license by submitting an application on a form in such manner295 |
|---|
| 337 | + | and in accordance with such requirements as may be prescribed by rules and regulations296 |
|---|
| 338 | + | of the corporation. A licensee shall submit the nonrefundable application fee prescribed297 |
|---|
| 339 | + | under paragraph (9) of this subsection with its application for license renewal.298 |
|---|
| 340 | + | (g) Each licensee shall have a continuing duty to promptly inform the corporation of any299 |
|---|
| 341 | + | change in status relating to any information that may disqualify the licensee from holding300 |
|---|
| 342 | + | a license under this article.301 |
|---|
| 343 | + | (h) All licenses issued under this article shall be valid for a term of five years unless302 |
|---|
| 344 | + | suspended or revoked as provided under this article.303 |
|---|
| 345 | + | (i) The corporation may adopt rules and regulations prescribing the manner in which a304 |
|---|
| 346 | + | license may be transferred and a fee for a license transfer.305 |
|---|
| 347 | + | 50-27-131.306 |
|---|
| 348 | + | (a) The following persons shall not be eligible to apply for or obtain a license as a fantasy307 |
|---|
| 349 | + | contest operator:308 |
|---|
| 350 | + | (1) A member of the board of directors or employee of the corporation or an employee309 |
|---|
| 351 | + | of a corporation vendor; provided, however, that a corporation vendor as an entity may310 |
|---|
| 352 | + | be eligible to apply for or obtain a license;311 |
|---|
| 353 | + | (2) An employee of a professional sports team on which the applicant offers a fantasy312 |
|---|
| 354 | + | contest;313 |
|---|
| 355 | + | (3) A coach of or player for a collegiate, professional, or Olympic sports team or sport314 |
|---|
| 356 | + | for which the applicant offers a fantasy contest, or an entity that has an affiliation or315 |
|---|
| 357 | + | interest in such a sports team or sport;316 |
|---|
| 358 | + | (4) An individual who is a member or employee of any professional sports governing317 |
|---|
| 359 | + | body which the applicant offers a fantasy contest;318 |
|---|
| 360 | + | H. B. 1329 |
|---|
| 361 | + | - 13 - 24 LC 36 5758 |
|---|
| 362 | + | (5) An individual or entity with an owner, officer, or director who has been convicted of319 |
|---|
| 363 | + | a crime of moral turpitude or similar degree as specified in rules and regulations320 |
|---|
| 364 | + | promulgated by the corporation pursuant to this article;321 |
|---|
| 365 | + | (6) A person having the ability to directly affect the outcome of a sporting event upon322 |
|---|
| 366 | + | which the applicant offers a fantasy contest;323 |
|---|
| 367 | + | (7) A trustee or regent of a governing board of a public or private institution of higher324 |
|---|
| 368 | + | education;325 |
|---|
| 369 | + | (8) An individual prohibited by the rules or regulations of a professional sports326 |
|---|
| 370 | + | governing body or sporting events operator of a collegiate sports team, league, or327 |
|---|
| 371 | + | association from participating in a fantasy contest;328 |
|---|
| 372 | + | (9) A student or an employee of a public or private institution of higher education who329 |
|---|
| 373 | + | has access to material nonpublic information concerning a student athlete or a sports team330 |
|---|
| 374 | + | unless such access to information is deemed incidental; and331 |
|---|
| 375 | + | (10) Any other category of persons established by rules and regulations of the332 |
|---|
| 376 | + | corporation, that, if licensed, would negatively affect the integrity of fantasy contests in333 |
|---|
| 377 | + | this state.334 |
|---|
| 378 | + | (b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code335 |
|---|
| 379 | + | section may hold an ownership interest in an applicant or licensee without disqualifying336 |
|---|
| 380 | + | the applicant or licensee from obtaining or holding a license; provided, however, that such337 |
|---|
| 381 | + | an ownership interest of 25 percent or more shall require approval from the corporation. 338 |
|---|
| 382 | + | In determining whether such an ownership interest shall be the basis of disqualification, the339 |
|---|
| 383 | + | corporation shall consider whether such interest would negatively affect the integrity of340 |
|---|
| 384 | + | fantasy contests in this state and any other factors the corporation shall deem relevant.341 |
|---|
| 385 | + | 50-27-132.342 |
|---|
| 386 | + | A large operator shall contract with a certified public accountant to conduct an annual343 |
|---|
| 387 | + | independent audit, consistent with generally accepted standards of accounting and auditing,344 |
|---|
| 388 | + | H. B. 1329 |
|---|
| 389 | + | - 14 - 24 LC 36 5758 |
|---|
| 390 | + | as approved by the corporation. The large operator shall submit a copy of such audit report345 |
|---|
| 391 | + | to the corporation.346 |
|---|
| 392 | + | Part 3347 |
|---|
| 393 | + | 50-27-150.348 |
|---|
| 394 | + | (a) Notwithstanding any other law to the contrary, there shall be imposed an annual349 |
|---|
| 395 | + | privilege tax of 20 percent of a fantasy contest operator's adjusted gross fantasy contest350 |
|---|
| 396 | + | receipts in accordance with this Code section. The accrual method of accounting shall be351 |
|---|
| 397 | + | used for purposes of calculating the amount of the privilege tax owed by the fantasy contest352 |
|---|
| 398 | + | operator.353 |
|---|
| 399 | + | (b) The privilege tax imposed under this Code section shall be paid monthly by the fantasy354 |
|---|
| 400 | + | contest operator based on its monthly adjusted gross fantasy contest receipts for the355 |
|---|
| 401 | + | immediately preceding calendar month. The privilege tax shall be paid to the corporation356 |
|---|
| 402 | + | in accordance with rules and regulations promulgated by the corporation. If the fantasy357 |
|---|
| 403 | + | contest operator's adjusted fantasy contest receipts for a month is a negative number, such358 |
|---|
| 404 | + | fantasy contest operator may carry over such negative amount to subsequent months.359 |
|---|
| 405 | + | (c) All moneys from privilege taxes and fees collected under this Code section shall be360 |
|---|
| 406 | + | distributed and used as provided under Article I, Section II, Paragraph VIII(c) of the361 |
|---|
| 407 | + | Constitution.362 |
|---|
| 408 | + | Part 4363 |
|---|
| 409 | + | 50-27-160.364 |
|---|
| 410 | + | (a) No person shall knowingly:365 |
|---|
| 411 | + | (1) Allow a minor to pay an entry fee or otherwise be a participant;366 |
|---|
| 412 | + | (2) Target minors in advertising or promotions for fantasy contests; or367 |
|---|
| 413 | + | H. B. 1329 |
|---|
| 414 | + | - 15 - 24 LC 36 5758 |
|---|
| 415 | + | (3) Accept an entry fee from a prohibited participant.368 |
|---|
| 416 | + | (b) If the corporation determines that a person has violated any provision of this Code369 |
|---|
| 417 | + | section, the corporation may impose an administrative fine not to exceed $25,000.00 per370 |
|---|
| 418 | + | violation or a total of $50,000.00 for violations arising out of the same transaction or371 |
|---|
| 419 | + | occurrence.372 |
|---|
| 420 | + | 50 27 161.373 |
|---|
| 421 | + | (a) Except for those individuals who are prohibited participants, an individual who is 19374 |
|---|
| 422 | + | years of age or older and who is physically located in this state may take part in a fantasy375 |
|---|
| 423 | + | contest in this state as a participant in the manner authorized under this article and the rules376 |
|---|
| 424 | + | and regulations of the corporation.377 |
|---|
| 425 | + | (b) A fantasy contest operator shall use a geolocation system to ensure that a participant378 |
|---|
| 426 | + | is physically present in this state when taking part in a fantasy contest.379 |
|---|
| 427 | + | 50-27-162.380 |
|---|
| 428 | + | (a) The following individuals and categories of individuals shall not, directly or indirectly,381 |
|---|
| 429 | + | pay an entry fee for a fantasy contest in this state:382 |
|---|
| 430 | + | (1) A minor;383 |
|---|
| 431 | + | (2) Any individual who has excluded himself or herself from the ability to participate in384 |
|---|
| 432 | + | a fantasy contest offered by the licensee;385 |
|---|
| 433 | + | (3) Any athlete who is involved in an activity that is the subject of a fantasy contest;386 |
|---|
| 434 | + | (4) Any coach or trainer of an athlete who is involved in an activity that is the subject of387 |
|---|
| 435 | + | a fantasy contest;388 |
|---|
| 436 | + | (5) Any athlete, coach, referee, trainer, or staff of a team that is involved in an activity389 |
|---|
| 437 | + | that is the subject of a fantasy contest; 390 |
|---|
| 438 | + | (6) A member, officer, employee, or vendor of the corporation or an officer or employee391 |
|---|
| 439 | + | of a vendor of the corporation; or392 |
|---|
| 440 | + | H. B. 1329 |
|---|
| 441 | + | - 16 - 24 LC 36 5758 |
|---|
| 442 | + | (7) A licensee or principal owner, partner, member of the board of directors, officer, or393 |
|---|
| 443 | + | supervisory employee of a licensee.394 |
|---|
| 444 | + | (b) The corporation may prescribe by rules and regulations additional individuals and395 |
|---|
| 445 | + | categories of individuals who are prohibited from paying an entry fee for a fantasy contest396 |
|---|
| 446 | + | in this state.397 |
|---|
| 447 | + | (c) Any individual who pays an entry fee in violation of this Code section:398 |
|---|
| 448 | + | (1) For a first offense, shall be:399 |
|---|
| 449 | + | (A) Required to forfeit any prize won as a result of such conduct; and400 |
|---|
| 450 | + | (B) Guilty of a misdemeanor and fined not less than $500.00 nor more than $1,000.00;401 |
|---|
| 451 | + | (2) For a second offense, shall be:402 |
|---|
| 452 | + | (A) Required to forfeit any prize won as a result of such conduct;403 |
|---|
| 453 | + | (B) Guilty of a misdemeanor; and404 |
|---|
| 454 | + | (C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more405 |
|---|
| 455 | + | than five months, or both; and406 |
|---|
| 456 | + | (3) For a third or subsequent offense, shall be:407 |
|---|
| 457 | + | (A) Required to forfeit any prize won as a result of such conduct;408 |
|---|
| 458 | + | (B) Guilty of a misdemeanor of a high and aggravated nature; and409 |
|---|
| 459 | + | (C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.410 |
|---|
| 460 | + | 50-27-163.411 |
|---|
| 461 | + | A fantasy contest operator shall not be considered a fantasy contest participant by virtue412 |
|---|
| 462 | + | of doing any combination of the following:413 |
|---|
| 463 | + | (1) Setting house rules for a fantasy contest;414 |
|---|
| 464 | + | (2) Assigning a salary or target score to any eligible athlete or other sporting event415 |
|---|
| 465 | + | participant;416 |
|---|
| 466 | + | (3) Accepting an entry fee from a fantasy contest participant; or417 |
|---|
| 467 | + | (4) Awarding or disbursing prizes as part of a fantasy contest.418 |
|---|
| 468 | + | H. B. 1329 |
|---|
| 469 | + | - 17 - 24 LC 36 5758 |
|---|
| 470 | + | Part 5419 |
|---|
| 471 | + | 50-27-170.420 |
|---|
| 472 | + | (a) Each fantasy contest operator shall adopt a registration policy to ensure that all421 |
|---|
| 473 | + | individuals that pay an entry fee are authorized to be participants with a licensee within this422 |
|---|
| 474 | + | state. Such policy shall include, without limitation, commercially reasonable mechanisms423 |
|---|
| 475 | + | to:424 |
|---|
| 476 | + | (1) Verify the identity and age of the registrant;425 |
|---|
| 477 | + | (2) Verify that the registrant is not knowingly prohibited from placing a wager under426 |
|---|
| 478 | + | Code Section 50-27-162; and427 |
|---|
| 479 | + | (3) Obtain the following information from the registrant:428 |
|---|
| 480 | + | (A) Legal name;429 |
|---|
| 481 | + | (B) Date of birth;430 |
|---|
| 482 | + | (C) Physical address other than a post office box;431 |
|---|
| 483 | + | (D) A unique username; and432 |
|---|
| 484 | + | (E) An active email account.433 |
|---|
| 485 | + | (b) A participant shall not register more than one account with a licensee, and each434 |
|---|
| 486 | + | licensee shall use commercially and technologically reasonable means to ensure that each435 |
|---|
| 487 | + | participant is limited to one account.436 |
|---|
| 488 | + | (c) Each licensee, in addition to complying with state and federal law pertaining to the437 |
|---|
| 489 | + | protection of the private, personal information of each registered participant, shall use all438 |
|---|
| 490 | + | other commercially and technologically reasonable means to protect such information439 |
|---|
| 491 | + | consistent with industry standards.440 |
|---|
| 492 | + | 50-27-171.441 |
|---|
| 493 | + | (a) A fantasy contest operator shall allow individuals to voluntarily prohibit themselves442 |
|---|
| 494 | + | from accessing that participant's registered account with the fantasy contest operator and443 |
|---|
| 495 | + | H. B. 1329 |
|---|
| 496 | + | - 18 - 24 LC 36 5758 |
|---|
| 497 | + | to alternatively place limits on the number of fantasy contests in which they can be444 |
|---|
| 498 | + | participants.445 |
|---|
| 499 | + | (b) The corporation shall promulgate rules and regulations that require a fantasy contest446 |
|---|
| 500 | + | operator to implement responsible fantasy contest programs that shall include, but shall not447 |
|---|
| 501 | + | be limited to, prominently displaying messaging designed to prevent problem gaming448 |
|---|
| 502 | + | disorders and providing information about how to access resources related to responsible449 |
|---|
| 503 | + | play.450 |
|---|
| 504 | + | 50-27-172.451 |
|---|
| 505 | + | Each licensee shall adopt and adhere to a written comprehensive policy outlining its rules452 |
|---|
| 506 | + | governing the acceptance of entry fees and payout of prizes offered to winning participants. 453 |
|---|
| 507 | + | Such policy and rules must be approved by the corporation prior to the acceptance of entry454 |
|---|
| 508 | + | fees by a licensee. Such policy and rules must be readily available to a participant on the455 |
|---|
| 509 | + | licensee's public website.456 |
|---|
| 510 | + | Part 6457 |
|---|
| 511 | + | 50-27-180.458 |
|---|
| 512 | + | (a) As used in this Code section, the term 'department' means the Department of Revenue.459 |
|---|
| 513 | + | (b) Each person required under Code Section 50-28-130 to have a certificate of fitness for460 |
|---|
| 514 | + | fantasy contest affiliation shall submit to the department an application for such461 |
|---|
| 515 | + | certification. Such application shall constitute express consent and authorization for the462 |
|---|
| 516 | + | department to perform a criminal background check. Each applicant who submits an463 |
|---|
| 517 | + | application to the department for certification agrees to provide the department with any464 |
|---|
| 518 | + | and all information necessary to run a criminal background check, including, but not465 |
|---|
| 519 | + | limited to, classifiable sets of fingerprints as set forth in subsection (c) of this Code section. 466 |
|---|
| 520 | + | H. B. 1329 |
|---|
| 521 | + | - 19 - 24 LC 36 5758 |
|---|
| 522 | + | The applicant shall be responsible for all fees associated with the performance of such467 |
|---|
| 523 | + | background check.468 |
|---|
| 524 | + | (c) An applicant who submits an application for a certificate of fitness for fantasy contest469 |
|---|
| 525 | + | affiliation to the department shall submit with such application one set of classifiable470 |
|---|
| 526 | + | electronically recorded fingerprints to the department in accordance with the fingerprint471 |
|---|
| 527 | + | system of identification established by the director of the Federal Bureau of Investigation. 472 |
|---|
| 528 | + | The department shall transmit the fingerprints to the Georgia Crime Information Center,473 |
|---|
| 529 | + | which shall perform technical searches of the fingerprints as required by the National474 |
|---|
| 530 | + | Fingerprint File Qualification Requirements and, thereafter, submit the fingerprints to the475 |
|---|
| 531 | + | Federal Bureau of Investigation for a search of the bureau's records. After receiving results476 |
|---|
| 532 | + | of the Georgia Crime Information Center's technical searches and the Federal Bureau of477 |
|---|
| 533 | + | Investigation's search of its records, the department shall determine whether the applicant478 |
|---|
| 534 | + | may be issued a certificate in accordance with subsection (d) of this Code section.479 |
|---|
| 535 | + | (d) The department shall not issue a certificate of fitness for fantasy contest affiliation to480 |
|---|
| 536 | + | any person who has been convicted of, has been found guilty of, or has pled guilty to,481 |
|---|
| 537 | + | regardless of adjudication and in any jurisdiction, any felony or any misdemeanor that is482 |
|---|
| 538 | + | directly related to gambling, dishonesty, theft, or fraud.483 |
|---|
| 539 | + | Part 7484 |
|---|
| 540 | + | 50-27-190.485 |
|---|
| 541 | + | Members of the corporation or designated employees thereof may, during normal business486 |
|---|
| 542 | + | hours, enter the premises of any facility of a licensee, or a third party utilized by the487 |
|---|
| 543 | + | licensee to operate and conduct business in accordance with this article, for the purpose of488 |
|---|
| 544 | + | inspecting books and records kept as required by this article to ensure that the licensee is489 |
|---|
| 545 | + | in compliance with this article or to make any other inspection of the premises necessary490 |
|---|
| 546 | + | to protect the public interests of this state and its consumers.491 |
|---|
| 547 | + | H. B. 1329 |
|---|
| 548 | + | - 20 - 24 LC 36 5758 |
|---|
| 549 | + | 50-27-191.492 |
|---|
| 550 | + | (a) The corporation and licensees shall use commercially reasonable efforts to cooperate493 |
|---|
| 551 | + | with investigations conducted by law enforcement agencies, including, but not limited to,494 |
|---|
| 552 | + | using commercially reasonable efforts to provide or facilitate the provision of account-level495 |
|---|
| 553 | + | entry and participation information.496 |
|---|
| 554 | + | (b) Licensees shall promptly report to the corporation any information relating to:497 |
|---|
| 555 | + | (1) A confirmed breach of a relevant sports governing body's internal rules and codes of498 |
|---|
| 556 | + | conduct pertaining to participation in gambling;499 |
|---|
| 557 | + | (2) Any conduct that corrupts any outcome related to a sporting event for purposes of500 |
|---|
| 558 | + | financial gain, including match fixing; and501 |
|---|
| 559 | + | (3) Illegal activity, including, but not limited to, the use of funds derived from illegal502 |
|---|
| 560 | + | activity, entries to conceal or launder funds derived from illegal activity, multi503 |
|---|
| 561 | + | accounting, and using false identification.504 |
|---|
| 562 | + | (c) All records, documents, and information received by the corporation pursuant to this505 |
|---|
| 563 | + | Code section shall be considered investigative records of a law enforcement agency and506 |
|---|
| 564 | + | shall not be subject to Article 4 of Chapter 18 of this title.507 |
|---|
| 565 | + | 50-27-192.508 |
|---|
| 566 | + | (a) The corporation may investigate and conduct a hearing with respect to a licensee upon509 |
|---|
| 567 | + | information and belief that the licensee has violated this article. The corporation shall510 |
|---|
| 568 | + | conduct investigations and hearings in accordance with rules and regulations adopted by511 |
|---|
| 569 | + | the corporation.512 |
|---|
| 570 | + | (b) If the corporation determines that a licensee has violated any provision of this article513 |
|---|
| 571 | + | or any rules and regulations of the corporation, the corporation may suspend, revoke, or514 |
|---|
| 572 | + | refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per515 |
|---|
| 573 | + | violation or a total of $50,000.00 for violations arising out of the same transaction or516 |
|---|
| 574 | + | occurrence; or both.517 |
|---|
| 575 | + | H. B. 1329 |
|---|
| 576 | + | - 21 - 24 LC 36 5758 |
|---|
| 577 | + | (c) The corporation shall promulgate rules and regulations establishing a schedule of518 |
|---|
| 578 | + | administrative fines that may be assessed in accordance with subsection (b) of this Code519 |
|---|
| 579 | + | section for each violation of this article; provided, however, that, if the corporation finds520 |
|---|
| 580 | + | that a licensee is knowingly allowing prohibited participants to participate in fantasy521 |
|---|
| 581 | + | contests in this state, the corporation shall impose a fine against the licensee as follows:522 |
|---|
| 582 | + | (1) For a first offense, $1,000.00;523 |
|---|
| 583 | + | (2) For a second offense, $2,000.00; and524 |
|---|
| 584 | + | (3) For a third or subsequent offense, $5,000.00; or525 |
|---|
| 585 | + | (4) If the corporation receives a complaint of prohibited conduct by an athlete, the526 |
|---|
| 586 | + | corporation shall notify the appropriate sports governing body of the athlete.527 |
|---|
| 587 | + | 50-27-193.528 |
|---|
| 588 | + | (a) Any person that violates any provisions of this article shall be liable for a civil penalty529 |
|---|
| 589 | + | of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising530 |
|---|
| 590 | + | out of the same transaction or occurrence, which shall accrue to the corporation and may531 |
|---|
| 591 | + | be recovered in a civil action brought by or on behalf of the corporation.532 |
|---|
| 592 | + | (b) The corporation may seek and obtain an injunction in a court of competent jurisdiction533 |
|---|
| 593 | + | for purposes of enforcing this article.534 |
|---|
| 594 | + | (c) Costs shall not be taxed against the corporation or this state for actions brought under535 |
|---|
| 595 | + | this article.536 |
|---|
| 596 | + | 50-27-194.537 |
|---|
| 597 | + | (a) Fines assessed under this article shall be accounted for separately for use by the538 |
|---|
| 598 | + | corporation in a manner consistent with rules and regulations of the corporation.539 |
|---|
| 599 | + | (b) The corporation may issue subpoenas to compel the attendance of witnesses and the540 |
|---|
| 600 | + | production of relevant books, accounts, records, and documents for purposes of carrying541 |
|---|
| 601 | + | out its duties under this article.542 |
|---|
| 602 | + | H. B. 1329 |
|---|
| 603 | + | - 22 - 24 LC 36 5758 |
|---|
| 604 | + | 50-27-195.543 |
|---|
| 605 | + | (a) A licensee or other individual aggrieved by a final decision or action of the corporation544 |
|---|
| 606 | + | may appeal such decision or action to the Superior Court of Fulton County.545 |
|---|
| 607 | + | (b) The Superior Court of Fulton County shall hear appeals from decisions or actions of546 |
|---|
| 608 | + | the corporation and, based upon the record of the proceedings before the corporation, may547 |
|---|
| 609 | + | reverse the decision or action of the corporation only if the appellant proves the decision548 |
|---|
| 610 | + | or action to be:549 |
|---|
| 611 | + | (1) Clearly erroneous;550 |
|---|
| 612 | + | (2) Arbitrary and capricious;551 |
|---|
| 613 | + | (3) Procured by fraud;552 |
|---|
| 614 | + | (4) A result of substantial misconduct by the corporation; or553 |
|---|
| 615 | + | (5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.554 |
|---|
| 616 | + | (c) The Superior Court of Fulton County may remand an appeal to the corporation to555 |
|---|
| 617 | + | conduct further hearings.556 |
|---|
| 618 | + | PART III.557 |
|---|
| 619 | + | SECTION 3-1.558 |
|---|
| 620 | + | Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,559 |
|---|
| 621 | + | relating to gambling, is amended by revising paragraph (1) of Code Section 16-12-20,560 |
|---|
| 622 | + | relating to definitions, as follows:561 |
|---|
| 623 | + | "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied562 |
|---|
| 624 | + | by some skill, one stands to win or lose something of value. A bet does not include:563 |
|---|
| 625 | + | (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;564 |
|---|
| 626 | + | or565 |
|---|
| 627 | + | H. B. 1329 |
|---|
| 628 | + | - 23 - 24 LC 36 5758 |
|---|
| 629 | + | (B) An offer of a prize, award, or compensation to the actual contestants in any bona |
|---|
| 630 | + | 566 |
|---|
| 631 | + | fide contest for the determination of skill, speed, strength, or endurance or to the owners567 |
|---|
| 632 | + | of animals, vehicles, watercraft, or aircraft entered in such contest; or |
|---|
| 633 | + | 568 |
|---|
| 634 | + | (C) Any consideration paid to participate in a fantasy contest as defined in Code569 |
|---|
| 635 | + | Section 50-27-122 and offered pursuant to Article 4 of Chapter 27 of Title 50."570 |
|---|
| 636 | + | SECTION 3-2.571 |
|---|
| 637 | + | Said part is further amended by revising Code Section 16-12-27, relating to advertisement572 |
|---|
| 638 | + | or solicitation for participation in lotteries, as follows:573 |
|---|
| 639 | + | "16-12-27.574 |
|---|
| 640 | + | (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to575 |
|---|
| 641 | + | sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio576 |
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| 642 | + | commercial, or any book, magazine, periodical, newspaper, or other written or printed577 |
|---|
| 643 | + | matter containing an advertisement or solicitation for participation in any lottery declared578 |
|---|
| 644 | + | to be unlawful by the laws of this state unless such advertisement, commercial, or579 |
|---|
| 645 | + | solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be580 |
|---|
| 646 | + | clearly legible or audible to persons viewing or hearing such advertisement, commercial,581 |
|---|
| 647 | + | or solicitation.582 |
|---|
| 648 | + | (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of583 |
|---|
| 649 | + | this Code section shall be guilty of a misdemeanor.584 |
|---|
| 650 | + | (c) This Code section shall not apply to any advertisement or solicitation for participation585 |
|---|
| 651 | + | in a fantasy contest by any person licensed by the Georgia Lottery Corporation under586 |
|---|
| 652 | + | Article 4 of Chapter 27 of Title 50 that is concerning such licensee's lawful activities."587 |
|---|
| 653 | + | SECTION 3-3.588 |
|---|
| 654 | + | Said part is further amended by revising Code Section 16-12-28, relating to communicating589 |
|---|
| 655 | + | gambling information, as follows:590 |
|---|
| 656 | + | H. B. 1329 |
|---|
| 657 | + | - 24 - 24 LC 36 5758 |
|---|
| 658 | + | "16-12-28. |
|---|
| 659 | + | 591 |
|---|
| 660 | + | (a) A person who knowingly communicates information as to bets, betting odds, or592 |
|---|
| 661 | + | changes in betting odds or who knowingly installs or maintains equipment for the593 |
|---|
| 662 | + | transmission or receipt of such information with the intent to further gambling commits the594 |
|---|
| 663 | + | offense of communicating gambling information.595 |
|---|
| 664 | + | (b) A person who commits the offense of communicating gambling information, upon596 |
|---|
| 665 | + | conviction thereof, shall be punished by imprisonment for not less than one nor more than597 |
|---|
| 666 | + | five years or by a fine not to exceed $5,000.00, or both.598 |
|---|
| 667 | + | (c) This Code section shall not apply to the activities of a person licensed by the Georgia |
|---|
| 668 | + | 599 |
|---|
| 669 | + | Lottery Corporation under Article 4 of Chapter 27 of Title 50 or an employee, agent, or600 |
|---|
| 670 | + | other person acting in furtherance of his or her employment or grant of agency by such601 |
|---|
| 671 | + | licensee."602 |
|---|
| 672 | + | PART IV.603 |
|---|
| 673 | + | SECTION 4-1.604 |
|---|
| 674 | + | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is605 |
|---|
| 675 | + | amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from606 |
|---|
| 676 | + | state sales and use tax, as follows:607 |
|---|
| 677 | + | "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or entry fees608 |
|---|
| 678 | + | authorized by Article 4 of Chapter 27 of Title 50;"609 |
|---|
| 679 | + | H. B. 1329 |
|---|
| 680 | + | - 25 - 24 LC 36 5758 |
|---|
| 681 | + | PART V. |
|---|
| 682 | + | 610 |
|---|
| 683 | + | SECTION 5-1.611 |
|---|
| 684 | + | For purposes of promulgating rules and regulations, this Act shall become effective upon its612 |
|---|
| 685 | + | approval by the Governor or upon its becoming law without such approval. For all other613 |
|---|
| 686 | + | purposes, this Act shall become effective on October 1, 2024.614 |
|---|
| 687 | + | SECTION 5-2.615 |
|---|
| 688 | + | All laws and parts of laws in conflict with this Act are repealed.616 |
|---|
| 689 | + | H. B. 1329 |
|---|