PRINTER'S NO. 641

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 591 Session of 1979


        INTRODUCED BY PRATT AND F. TAYLOR, MARCH 7, 1979

        REFERRED TO COMMITTEE ON FINANCE, MARCH 7, 1979

                                     AN ACT

     1  Amending the act of August 26, 1971 (P.L.351, No.91), entitled
     2     "An act providing for a State Lottery and administration
     3     thereof; authorizing the creation of a State Lottery
     4     Commission; prescribing its powers and duties; disposition of
     5     funds; violations and penalties therefor; exemption of prizes
     6     from State and local taxation and making an appropriation,"
     7     further providing for the allocation of money in the fund.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 2, clause (11) of subsection (a) of
    11  section 6 and section 12, act of August 26, 1971 (P.L.351,
    12  No.91), known as the "State Lottery Law," amended December 27,
    13  1972 (P.L.1629, No.338), are amended to read:
    14     Section 2.  Statement of Purpose.--This act is enacted to
    15  establish a lottery to be operated by the State, the net
    16  proceeds of which are to be used after June 30, 1972 for the
    17  purposes of providing property tax relief for the elderly for
    18  taxes paid in 1971 and thereafter and for providing certain free
    19  local transit to persons sixty-five years of age or older, to
    20  the permanently disabled and to the handicapped. It is further
    21  intended to provide a means through which to curb illegal

     1  gambling operations in Pennsylvania.
     2     Section 6.  Powers and Duties of the Secretary of Revenue.--
     3  (a)  In addition to the powers and duties provided by law and
     4  "The Administrative Code of 1929," the Secretary of Revenue
     5  shall have the power and it shall be his duty to operate and
     6  administer the lottery, and to promulgate rules and regulations
     7  governing the establishment and operation thereof, including but
     8  not limited to:
     9     * * *
    10     (11)  The apportionment of the total revenues accruing from
    11  the sale of lottery tickets or shares and from all other sources
    12  among (i) the payment of prizes to the holders of winning
    13  tickets or shares; (ii) the payment of costs incurred in the
    14  operation and administration of the lottery, including the
    15  expenses of the division and the costs resulting from any
    16  contract or contracts entered into for promotional, advertising
    17  or operational services or for the purchase or lease of lottery
    18  equipment and materials; (iii) for the repayment of the moneys
    19  appropriated to the State Lottery Fund pursuant to section 16 of
    20  this act; and (iv) for property tax relief and free local
    21  transit for the elderly, to the permanently disabled and to the
    22  handicapped as provided in section 12 of this act: Provided,
    23  however, That no less than thirty per cent of the total revenues
    24  accruing from the sale of lottery tickets or shares shall be
    25  dedicated to subclause (iv) above.
    26     * * *
    27     Section 12.  Disposition of Funds from Sale of Tickets or
    28  Shares.--(a)  All moneys received from the operation of the
    29  State lottery shall be deposited in a State Lottery Fund which
    30  is hereby created. Such moneys shall be used to the extent
    19790H0591B0641                  - 2 -

     1  necessary for the payment of lottery prizes but the amount so
     2  used shall not be less than forty per cent of the amount of
     3  which tickets or shares have been sold. All payments of lottery
     4  prizes and for expenses of operation of the lottery shall be
     5  made as provided by law. All moneys remaining after payment of
     6  prizes and operating expenses shall be transferred to the
     7  General Fund through June 30, 1972, after which date they shall
     8  remain in the State Lottery Fund and shall be allocated for the
     9  purpose of providing property tax relief for the elderly for
    10  taxes paid in 1971 and thereafter pursuant to the provisions of
    11  the act of March 11, 1971 (P.L.104, No.3), known as the "Senior
    12  Citizens Property Tax Assistance Act," and for the purpose of
    13  providing local transit for the elderly, to the permanently
    14  disabled and to the handicapped pursuant to the act of January
    15  22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass
    16  Transportation Assistance Law of 1967." In the event sufficient
    17  funds are not available from the lottery receipts to meet the
    18  requirements of the act of March 11, 1971 (P.L.104, No.3), known
    19  as the "Senior Citizens Property Tax Assistance Act," or for
    20  providing local transit for the elderly, to the permanently
    21  disabled and to the handicapped under the act of January 22,
    22  1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass
    23  Transportation Assistance Law of 1967," additional funds to
    24  fulfill these obligations, shall be appropriated from the
    25  General Fund for this purpose.
    26     (b)  The moneys in said State Lottery Fund shall be
    27  appropriated only:
    28     (1)  For the payment of prizes to the holders of winning
    29  lottery tickets or shares;
    30     (2)  For the expenses of the division in its operation of the
    19790H0591B0641                  - 3 -

     1  lottery;
     2     (3)  For property tax relief and free local transit for the
     3  elderly as provided under section 12 of this act; and
     4     (4)  For transfer to the General Fund through June 30, 1972,
     5  and for the repayment to the General Fund of the amount
     6  appropriated to the fund pursuant to section 16 of this act.
     7     Section 2.  This act shall take effect in 60 days.
















    B20L54CVV/19790H0591B0641        - 4 -