FELONIOUS GAMING MACHINES.

View NCGA Bill Details2019-2020 Session
House Bill 1011 (Public) Filed Thursday, April 25, 2019
AN ACT TO CLARIFY FELONIOUS POSSESSION OF ELECTRONIC SWEEPSTAKES MACHINES OR DEVICES.
Intro. by Bell, Hardister, Humphrey, Saine.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 29 2019)

Bill History:

H 1011

Bill Summaries:

  • Summary date: Apr 26 2019 - More information

    Amends GS 14-297 by adding the following. Makes it a Class 2 misdemeanor to knowingly suffer to be opened or used in or on any part of any premises owned or controlled by that person more than four electronic machines or devices and requires that such electronic machines or devices be forfeited. Requires a premises with four or less electronic machines or devices to keep them more than 100 feet from any other electronic machines or devices.

    Specifies that it is not a violation for any person to, before January 1, 2020, knowingly suffer to be opened or used 25 or fewer electronic machines or devices, located in or on any part of any premises owned or controlled by that person. Allows for continued use of by that person after January 1, 2020, as long as the person complies with Article 2E of GS Chapter 105 and does not divide, subdivide, partition, lease, or sublease those premises as a means to open or use additional electronic machines or devices. Violations are: (1) a Class 1 misdemeanor for the first offense, (2) a Class H felony for the second offense, and (3) a Class G felony for a third or subsequent offense.

    Subjects any person who does not display the required permit sticker or displays an expired permit sticker  to a penalty of up to $1,000 per violation and allows for seizure or disabling of that machine or device.

    The above applies to offenses committed on or after October 1, 2019.

    Amends GS 14-306.4, which prohibits the use of electronic machines and devices to make the statute applicable to an electronic machine or device whether or not it is a single or multiplayer game, and whether or not it is a single terminal or multiple terminals. Amends the definition of entertaining display to include a fish game or any other multiplayer or multistation video game. Excludes from the statute any video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols that involves the skill or dexterity of the player if the electronic machine or device uses a certified valid sweepstakes system, which is to include certification of both the sweepstakes game software as well as the functionality of the sweepstakes promotion. Requires the certification to include a unique certification number issued by a specifically certified lab and requires the certification to have been issued on or before January 1, 2020. 

    Adds new Article 2E, Electronic Sweepstakes, in GS Chapter 105, which provides as follows. Levies an annual excise tax of $250 on each certified electronic machine or device operated in this State. The tax is applicable without regard to how the machine or device: (1) is activated; (2) is programmed for operation; or (3) determines and associates the prize with an entry at the time the sweepstakes is entered. Effective January 1, 2020. 

    Except as otherwise provided, effective December 1, 2019. 


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