SENATE AMENDED
        PRIOR PRINTER'S NOS. 610, 1178                PRINTER'S NO. 1208

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 559 Session of 1993


        INTRODUCED BY TRICH, ITKIN, EVANS, VEON, M. COHEN, VAN HORNE,
           LESCOVITZ, DALEY, HECKLER, FARGO, MARKOSEK, CORRIGAN, TIGUE,
           LaGROTTA, MELIO, RUDY, WOZNIAK, BATTISTO, ACOSTA, MIHALICH,
           CESSAR, PISTELLA, TOMLINSON, STABACK, SURRA, GORDNER,
           COLAFELLA, GEIST, KASUNIC, DRUCE, MUNDY AND ROONEY,
           MARCH 15, 1993

        SENATOR ANDREZESKI, AGING AND YOUTH, IN SENATE, AS AMENDED,
           APRIL 19, 1993

                                     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 LOTTERY SALES AGENTS; AND providing for  <--
     8     certain applications for lottery machines and for a compact
     9     to sell tickets.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 7 of the act of August 26, 1971 (P.L.351,
    13  No.91), known as the State Lottery Law, is amended by adding a
    14  subsection to read:
    15     Section 7.  Lottery Sales Agents; Qualifications;
    16  Prohibitions.--* * *
    17     (e)  Any person who has a pending application for a lottery
    18  machine and is currently engaged in the sale of out-of-State


     1  lottery tickets may submit a written request to the Department
     2  of Revenue for a resurvey. This resurvey shall be completed by
     3  the department within ninety days of receipt of the request.
     4  Out-of-State lottery tickets may be sold by that person during    <--
     5  this period.
     6     SECTION 2.  SECTION 9 OF THE ACT, AMENDED DECEMBER 15, 1982    <--
     7  (P.L.1288, NO.291), IS AMENDED TO READ:
     8     SECTION 9.  SALES OF TICKETS IN EXCESS OF REGULATED PRICE;
     9  SALES BY NON-LICENSED PERSONS; PENALTIES.--(A)  NO PERSON SHALL
    10  SELL [A TICKET OR SHARE], RESELL OR ENGAGE IN THE BUSINESS OF
    11  RESELLING LOTTERY TICKETS OR SHARES AT A PRICE GREATER THAN THAT
    12  FIXED BY RULE OR REGULATION OF THE DEPARTMENT. PRICE SHALL
    13  INCLUDE ANY FEE ASSOCIATED WITH THE ACQUISITION OR
    14  TRANSPORTATION OF LOTTERY TICKETS OR SHARES.
    15     (B)  NO PERSON OTHER THAN A LICENSED LOTTERY SALES AGENT
    16  SHALL SELL LOTTERY TICKETS OR SHARES, EXCEPT THAT NOTHING IN
    17  THIS SECTION SHALL BE CONSTRUED TO PREVENT ANY PERSON FROM
    18  GIVING LOTTERY TICKETS OR SHARES TO ANOTHER AS A GIFT.
    19     (C)  EXCEPT AS PROVIDED IN THIS ACT, NO PERSON SHALL ENGAGE
    20  IN THE SALE OR OFFERING FOR SALE WITHIN THIS COMMONWEALTH OF ANY
    21  INTEREST IN A LOTTERY OF ANOTHER STATE OR GOVERNMENT WHETHER OR
    22  NOT SUCH INTEREST IS AN ACTUAL LOTTERY TICKET, RECEIPT,
    23  CONTINGENT PROMISE TO PAY, ORDER TO PURCHASE OR OTHER RECORD OF
    24  SUCH INTEREST.
    25     (D)  ANY PERSON CONVICTED OF VIOLATING THIS SECTION SHALL BE
    26  GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF, SHALL BE
    27  SENTENCED TO PAY A FINE NOT EXCEEDING [FIVE HUNDRED DOLLARS
    28  ($500).] TWO THOUSAND DOLLARS ($2,000).
    29     Section 2 3.  The act is amended by adding a section to read:  <--
    30     Section 9.1.  Compact to Sell Tickets.--The secretary shall
    19930H0559B1208                  - 2 -

     1  enter into a compact with any other states that permit sale of
     2  Pennsylvania lottery tickets within their borders to sell those
     3  states' lottery tickets within this Commonwealth.
     4     Section 3 4.  This act shall take effect as follows:           <--
     5         (1)  The amendment of section 7 of the act shall take
     6     effect immediately.
     7         (2)  The remainder of this act shall take effect in 60
     8     days.















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