50-27-9. General powers of corporation.

The corporation shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state and which are generally exercised by corporations engaged in entrepreneurial pursuits, including, but without limiting the generality of the foregoing, the following powers:#

1. (1)

   To sue and be sued in contract and in tort and to complain and defend in all courts;#

2. (2)

   To adopt and alter a seal;#

3. (3)

   To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of Chapter 13 of this title, the “Georgia Administrative Procedure Act”;#

4. (4)

   To procure or to provide insurance;#

5. (5)

   To hold copyrights, trademarks, and service marks and enforce its rights with respect thereto;#

6. (6)

   To initiate, supervise, and administer the operation of the lottery in accordance with the provisions of this chapter and regulations, policies, and procedures adopted pursuant thereto;#

7. (7)

   To enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games;#

8. (8)

   To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;#

9. (9)

   To acquire or lease real property and make improvements thereon and acquire by lease or by purchase personal property, including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property, including, but not limited to, computer programs, systems, and software;#

10. (10)

    To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the Georgia State Financing and Investment Commission;#

11. (11)

    To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation;#

12. (12)

    To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan;#

13. (13)

    To select and contract with vendors and retailers;#

14. (14)

    To enter into contracts or agreements with state or local law enforcement agencies, including the Department of Revenue, for the performance of law enforcement, background investigations, security checks, and auditing and enforcement of license requirements required by Article 3 of this chapter;#

15. (15)

    To enter into contracts of any and all types on such terms and conditions as the corporation may determine;#

16. (16)

    To establish and maintain banking relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit;#

17. (17)

    To advertise and promote the lottery and lottery games;#

18. (18)

    To act as a retailer, to conduct promotions which involve the dispensing of lottery tickets or shares, and to establish and operate a sales facility to sell lottery tickets or shares and any related merchandise; and#

19. (19)

    To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies, and procedures pursuant to this article and Article 2 of this chapter shall be exempt from the requirements of Chapter 13 of this title, the “Georgia Administrative Procedure Act.” Notwithstanding any other provision of law to the contrary, (1) the promulgation of any form of licensure, rules, regulations, policies, or procedures under Article 3 of this chapter, and (2) all administrative hearings regarding Article 3 of this chapter, except as otherwise specifically provided by law, shall be subject to and governed by the provisions of Chapter 13 of this title. Hearings under Code Section 50-27-102 shall be held in accordance with the provisions of Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code.”#

The powers enumerated in subsection (a) of this Code section are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and no such powers limit or restrict any other powers of the corporation.#