PRINTER'S NO. 393
No. 349 Session of 1983
INTRODUCED BY PIEVSKY, MANDERINO, ZWIKL, GALLAGHER, IRVIS, CAPPABIANCA, MORRIS, CORDISCO, BLAUM, DeWEESE AND KUKOVICH, MARCH 14, 1983
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 14, 1983
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 certain prescription drug payments for
8 certain persons.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 2, 6(a)(11) and 12 of the act of August
12 26, 1971 (P.L.351, No.91), known as the State Lottery Law,
13 amended October 17, 1980 (P.L.1088, No.184), are amended to
14 read:
15 Section 2. Statement of Purpose.--This act is enacted to
16 establish a lottery to be operated by the State, the net
17 proceeds of which are to be used after June 30, 1972 for the
18 purposes of providing property tax relief for the elderly for
19 taxes paid in 1971 and thereafter to persons sixty-five years of
20 age or older [and], for providing certain free fixed route local
1 transit services to persons sixty-five years of age or older and 2 reduced fare on group ride transit service to persons sixty-five 3 years of age or older and for providing prescription drug 4 payments for certain persons. It is further intended to provide 5 a means through which to curb illegal gambling operations in 6 Pennsylvania. 7 Section 6. Powers and Duties of the Secretary of Revenue.-- 8 (a) In addition to the powers and duties provided by law and 9 "The Administrative Code of 1929," the Secretary of Revenue 10 shall have the power and it shall be his duty to operate and 11 administer the lottery, and to promulgate rules and regulations 12 governing the establishment and operation thereof, including but 13 not limited to: 14 * * * 15 (11) The apportionment of the total revenues accruing from 16 the sale of lottery tickets or shares and from all other sources 17 among (i) the payment of prizes to the holders of winning 18 tickets or shares; (ii) the payment of costs incurred in the 19 operation and administration of the lottery, including the 20 expenses of the division and the costs resulting from any 21 contract or contracts entered into for promotional, advertising 22 or operational services or for the purchase or lease of lottery 23 equipment and materials; (iii) for the repayment of the moneys 24 appropriated to the State Lottery Fund pursuant to section 16 of 25 this act; and (iv) for property tax relief [and], free or 26 reduced fare transit service for the elderly and prescription 27 drug payments for certain persons as provided in section 12 of 28 this act: Provided, however, That no less than thirty per cent 29 of the total revenues accruing from the sale of lottery tickets 30 or shares shall be dedicated to subclause (iv) above. 19830H0349B0393 - 2 -
1 * * * 2 Section 12. Disposition of Funds from Sale of Tickets or 3 Shares.--(a) All moneys received from the operation of the 4 State lottery shall be deposited in a State Lottery Fund which 5 is hereby created. Such moneys shall be used to the extent 6 necessary for the payment of lottery prizes but the amount so 7 used shall not be less than forty per cent of the amount of 8 which tickets or shares have been sold. All payments of lottery 9 prizes and for expenses of operation of the lottery shall be 10 made as provided by law. All moneys remaining after payment of 11 prizes and operating expenses shall remain in the State Lottery 12 Fund and shall be allocated for the purpose of providing 13 property tax relief for the elderly for taxes paid in 1971 and 14 thereafter and for prescription drug payments for certain 15 persons pursuant to the provisions of the act of March 11, 1971 16 (P.L.104, No.3), known as the "Senior Citizens [Property Tax or 17 Rent] Rebate and [Older Persons Inflation Needs] Assistance 18 Act," and for the purpose of providing free or reduced fare 19 transit service for the elderly pursuant to the act of January 20 22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass 21 Transportation [Assistance] Law [of 1967]," and the act of 22 February 11, 1976 (P.L.14, No.10), known as the "Pennsylvania 23 Rural and Intercity Common Carrier Surface Transportation 24 Assistance Act." In the event sufficient funds are not available 25 from the lottery receipts to meet the requirements of the act of 26 March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens 27 [Property Tax or Rent] Rebate and [Older Persons Inflation 28 Needs] Assistance Act," or for providing free or reduced fare 29 transit service for the elderly under the act of January 22, 30 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass 19830H0349B0393 - 3 -
1 Transportation [Assistance] Law [of 1967]," and the act of 2 February 11, 1976 (P.L.14, No.10), known as the "Pennsylvania 3 Rural and Intercity Common Carrier Surface Transportation 4 Assistance Act," additional funds to fulfill these obligations, 5 shall be appropriated from the General Fund for this purpose. 6 (b) The moneys in said State Lottery Fund shall be 7 appropriated only: 8 (1) For the payment of prizes to the holders of winning 9 lottery tickets or shares; 10 (2) For the expenses of the division in its operation of the 11 lottery; 12 (3) For property tax relief [and], free or reduced fare 13 transit service for the elderly and prescription drug payments 14 for certain persons as provided under section 12 of this act; 15 and 16 (4) For transfer to the General Fund through June 30, 1972, 17 and for the repayment to the General Fund of the amount 18 appropriated to the fund pursuant to section 16 of this act. 19 Section 2. This act shall take effect July 1, 1983. B16L72RZ/19830H0349B0393 - 4 -