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2018 Georgia Code 50-27-2 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

Section 27. Lottery for Education, 50-27-1 through 50-27-104.

ARTICLE 1 GENERAL PROVISIONS

50-27-2. Legislative findings and declarations.

It is found and declared by the General Assembly:

  1. That net proceeds of lottery games conducted pursuant to this chapter shall be used to support improvements and enhancements for educational purposes and programs and that such net proceeds shall be used to supplement, not supplant, existing resources for educational purposes and programs;
  2. That lottery games are an entrepreneurial enterprise and that the state shall create a public body, corporate and politic, known as the Georgia Lottery Corporation, with comprehensive and extensive powers as generally exercised by corporations engaged in entrepreneurial pursuits;
  3. That lottery games shall be operated and managed in a manner which provides continuing entertainment to the public, maximizes revenues, and ensures that the lottery is operated with integrity and dignity and free of political influence; and
  4. That the Georgia Lottery Corporation shall be accountable to the General Assembly and to the public through a system of audits and reports.

(Code 1981, §50-27-2, enacted by Ga. L. 1992, p. 3173, § 2.)

JUDICIAL DECISIONS

Georgia Lottery Corporation entitled to assert sovereign immunity.

- Georgia Lottery Corporation (GLC) is entitled to assert sovereign immunity as a bar to a suit under Ga. Const. 1983, Art. I, Sec. II, Para. IX, and the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq., because under the Georgia Lottery for Education Act, O.C.G.A. § 50-27-1 et seq., the purpose, function, and management of the GLC are indelibly intertwined with the state in a manner that qualifies the GLC for the protection of sovereign immunity as a state instrumentality; thus, the GLC must be classified as an instrumentality of the state to which sovereign immunity applies. Kyle v. Ga. Lottery Corp., 290 Ga. 87, 718 S.E.2d 801 (2011).

Tampering.

- Defendant's act of leaning over a store counter, tearing lottery tickets from the ticket's dispenser without paying for the tickets, and scratching the tickets to see if the defendant had won a prize fell within the plain meaning of the term "tampering" in O.C.G.A. § 50-27-27, in that the defendant's act forever changed the odds of winning for paying customers and directly influenced the potential winning of lottery prizes by future customers. If the defendant's activity did not constitute "tampering" within the meaning of § 50-27-27, the express intent of the Georgia General Assembly in § 50-27-2 that state lottery revenues be maximized and that the lottery be operated with integrity and dignity would be frustrated. Doe v. State, 290 Ga. 667, 725 S.E.2d 234 (2012).

Cases Citing Georgia Code 50-27-2 From Courtlistener.com

Total Results: 2

Doe v. State

Court: Supreme Court of Georgia | Date Filed: 2012-03-05

Citation: 290 Ga. 667, 725 S.E.2d 234, 2012 Fulton County D. Rep. 748, 2012 Ga. LEXIS 255

Snippet: is operated with integrity and dignity.” OCGA § 50-27-2 (3). It is with this express legislative intent

Kyle v. Georgia Lottery Corp.

Court: Supreme Court of Georgia | Date Filed: 2011-11-21

Citation: 290 Ga. 87, 718 S.E.2d 801, 2011 Fulton County D. Rep. 3612, 2011 Ga. LEXIS 934

Snippet: function as an “entrepreneurial enterprise,” OCGA § 50-27-2 (2), and is not to be dependent on the state treasury