09
LC 35 1084
House
Bill 51
By:
Representative Day of the
163rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 35-3-8 of the Official Code of Georgia Annotated, relating to
the powers of agents of the Georgia Bureau of Investigation generally, so as to
maintain the bureau's ability to enforce criminal statutes pertaining to the
operation of bingo games; to amend Part 2 of Article 2 of Chapter 12 of Title 16
of the Official Code of Georgia Annotated, relating to bingo, so as to transfer
the responsibility for regulation of bingo games and issuance of bingo licenses
from the Georgia Bureau of Investigation to the Department of Revenue; to
preserve the Georgia Bureau of Investigation's authority to assist the
Department of Revenue in the criminal enforcement of bingo provisions; to
provide for related matters; to provide an effective date; to provide for
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Code
Section 35-3-8 of the Official Code of Georgia Annotated, relating to the powers
of agents of the Georgia Bureau of Investigation
generally,
is amended as follows:
"35-3-8.
(a)
All properly appointed agents of the bureau shall have the powers, including the
power of making arrests and appearing in court, for the enforcement of all
criminal statutes pertaining to the manufacture, transportation, distribution,
sale, or possession of liquor, wine, beer, alcoholic beverages, cigars,
cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco
and all
criminal statutes pertaining to bingo
games and shall concurrently with agents
and enforcement officers appointed by the state revenue commissioner have the
authority throughout
the
this
state to:
(1)
Obtain and execute warrants for the arrest of persons charged with violations of
such laws;
(2)
Obtain and execute search warrants in the enforcement of such laws;
(3)
Arrest without warrant any person found in violation of such laws, or
endeavoring to escape, or if for other cause there is likely to be a failure of
enforcement of such laws for want of an officer to issue a warrant;
(4)
Make investigations in the enforcement of such laws and in connection therewith
to go upon any property outside of buildings, posted or otherwise, in the
performance of such duties;
(5)
Seize and take possession of all property which is declared contraband under
such laws; and
(6)
Carry firearms while performing their duties.
(b)
The enforcement powers conferred in this Code section upon agents of the bureau
shall relate only to the enforcement of the criminal provisions relating to
bingo games
and the manufacture, transportation,
distribution, sale, or possession of liquor, wine, beer, alcoholic beverages,
cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless
tobacco and shall not extend to regulatory matters with respect to such products
or
activities under the jurisdiction of the
state revenue commissioner."
PART
II
SECTION 2-1.
SECTION 2-1.
Part
2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to bingo, is amended by replacing "Director" with
"Commissioner" and "director" with "commissioner" wherever the former word
occurs in:
(1)
Code Section 16-12-51, relating to definitions pertaining to bingo;
(2)
Code Section 16-12-52, relating to license required to operate bingo game and
recreational bingo exception;
(3)
Code Section 16-12-53, relating to bingo licensing procedures, fees, and
renewals;
(4)
Code Section 16-12-55, relating to certification of tax-exempt status of
organization, issuance of certificate of licensure, and evidentiary nature of
certificate;
(5)
Code Section 16-12-56, relating to issuance of annual one-day license to
nonprofit, tax-exempt school and application;
(6)
Code Section 16-12-59, relating to annual report to be filed with the
director;
(7)
Code Section 16-12-61, relating to promulgation of necessary rules and
regulations by director authorized; and
(8)
Code Section 16-12-62, relating to penalties.
SECTION
2-2.
Said
part is further amended by replacing "Bureau of Investigation" with "Department
of Revenue" wherever the former words occur in:
(1)
Code Section 16-12-51, relating to definitions pertaining to bingo;
and
(2)
Code Section 16-12-53, relating to bingo licensing procedures, fees, and
renewals.
SECTION
2-3.
Said
part is further amended in Code Section 16-12-54, relating to revocation of
licenses and access to premises by law enforcement agencies, as
follows:
"16-12-54.
(a)
The
director
commissioner
shall have the specific authority to suspend or revoke any license for any
violation of this part or for any violation of any rule or regulation
promulgated under this part. Any licensee accused of violating any provision of
this part or of any rule or regulation promulgated hereunder shall be entitled,
unless waived, to a hearing on the matter of the alleged violation conducted in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(b)
By making application for a license under this part, every applicant consents
that the
director
commissioner,
as well as any of his
or
her agents
and agents of
the Georgia Bureau of Investigation,
together with any prosecuting attorney, as well as any of his
or
her agents, may come upon the premises of
any licensee or upon any premises on which any licensee is conducting a bingo
game for the purpose of examining the accounts and records of the licensee to
determine if a violation of this part has occurred."
SECTION
5.
This
Act shall become effective on January 1, 2010, and shall apply to all bingo
license applications and bingo licenses issued on or after such
date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.