PRINTER'S NO. 1137

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1035 Session of 1981


        INTRODUCED BY McCLATCHY, MARCH 25, 1981

        REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 25, 1981

                                     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 purpose, powers and duties of the
     8     Secretary of Revenue, the disposition of funds and making an
     9     appropriation.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 2, clause (11) of subsection (a) of
    13  section 6 and section 12, act of August 26, 1971 (P.L.351,
    14  No.91), known as the "State Lottery Law," amended October 17,
    15  1980 (No.184), are amended to read:
    16     Section 2.  Statement of Purpose.--(a)  This act is enacted
    17  to establish a lottery to be operated by the State, the net
    18  proceeds of which are to be used after June 30, 1972 for the
    19  purposes of [providing]:
    20     (1)  Providing property tax relief for the elderly for taxes
    21  paid in 1971 and thereafter to persons sixty-five years of age

     1  or older [and for providing];
     2     (2)  Providing certain free fixed route local transit
     3  services to persons sixty-five years of age or older [and
     4  reduced];
     5     (3)  Providing reduced fare on group ride transit service to
     6  persons sixty-five years of age or older; and
     7     (4)  Providing grants to area agencies on aging and other
     8  organizations for aging programs and services.
     9     (b)  It is further intended to provide a means through which
    10  to curb illegal gambling operations in Pennsylvania.
    11     Section 6.  Powers and Duties of the Secretary of Revenue.--
    12  (a)  In addition to the powers and duties provided by law and
    13  "The Administrative Code of 1929," the Secretary of Revenue
    14  shall have the power and it shall be his duty to operate and
    15  administer the lottery, and to promulgate rules and regulations
    16  governing the establishment and operation thereof, including but
    17  not limited to:
    18     * * *
    19     (11)  The apportionment of the total revenues accruing from
    20  the sale of lottery tickets or shares and from all other sources
    21  among (i) the payment of prizes to the holders of winning
    22  tickets or shares; (ii) the payment of costs incurred in the
    23  operation and administration of the lottery, including the
    24  expenses of the division and the costs resulting from any
    25  contract or contracts entered into for promotional, advertising
    26  or operational services or for the purchase or lease of lottery
    27  equipment and materials; (iii) for the repayment of the moneys
    28  appropriated to the State Lottery Fund pursuant to section 16 of
    29  this act; [and] (iv) for property tax relief and free or reduced
    30  fare transit service for the elderly; and (v) for grants to area
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     1  agencies on aging and other organizations for aging programs and
     2  services as provided in section 12 of this act: Provided,
     3  however, That no less than thirty per cent of the total revenues
     4  accruing from the sale of lottery tickets or shares shall be
     5  dedicated to subclause (iv) above.
     6     * * *
     7     Section 12.  Disposition of Funds from Sale of Tickets or
     8  Shares.--(a)  All moneys received from the operation of the
     9  State lottery shall be deposited in a State Lottery Fund which
    10  is hereby created. Such moneys shall be used to the extent
    11  necessary for the payment of lottery prizes but the amount so
    12  used shall not be less than forty per cent of the amount of
    13  which tickets or shares have been sold. All payments of lottery
    14  prizes and for expenses of operation of the lottery shall be
    15  made as provided by law. All moneys remaining after payment of
    16  prizes and operating expenses shall remain in the State Lottery
    17  Fund and shall be allocated for the purpose of providing
    18  property tax relief for the elderly for taxes paid in 1971 and
    19  thereafter pursuant to the provisions of the act of March 11,
    20  1971 (P.L.104, No.3), known as the "Senior Citizens Property Tax
    21  or Rent Rebate and Older Persons Inflation Needs Act," and for
    22  the purpose of providing free or reduced fare transit service
    23  for the elderly pursuant to the act of January 22, 1968 (P.L.42,
    24  No.8), known as the "Pennsylvania Urban Mass Transportation
    25  Assistance Law of 1967," and the act of February 11, 1976
    26  (P.L.14, No.10), known as the "Pennsylvania Rural and Intercity
    27  Common Carrier Surface Transportation Assistance Act," and for
    28  the purpose of providing grants to area agencies on aging and
    29  other organizations for aging programs and services. In the
    30  event sufficient funds are not available from the lottery
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     1  receipts to meet the requirements of the act of March 11, 1971
     2  (P.L.104, No.3), known as the "Senior Citizens Property Tax or
     3  Rent Rebate and Older Persons Inflation Needs Act," or for
     4  providing free or reduced fare transit service for the elderly
     5  under the act of January 22, 1968 (P.L.42, No.8), known as the
     6  "Pennsylvania Urban Mass Transportation Assistance Law of 1967,"
     7  and the act of February 11, 1976 (P.L.14, No.10), known as the
     8  "Pennsylvania Rural and Intercity Common Carrier Surface
     9  Transportation Assistance Act," additional funds to fulfill
    10  these obligations, shall be appropriated from the General Fund
    11  for this purpose.
    12     (b)  The moneys in said State Lottery Fund shall be
    13  appropriated only:
    14     (1)  For the payment of prizes to the holders of winning
    15  lottery tickets or shares;
    16     (2)  For the expenses of the division in its operation of the
    17  lottery;
    18     (3)  For property tax relief [and], free or reduced fare
    19  transit service for the elderly and for grants to area agencies
    20  on aging and other organizations for aging programs and services
    21  as provided under section 12 of this act; and
    22     (4)  For transfer to the General Fund through June 30, 1972,
    23  and for the repayment to the General Fund of the amount
    24  appropriated to the fund pursuant to section 16 of this act.
    25     Section 2.  The act is amended by adding a section to read:
    26     Section 12.1.  Appropriation to the Department of Aging.--
    27  Funds in an amount approved annually by the Governor are hereby
    28  appropriated from the State Lottery Fund to the Department of
    29  Aging for grants to area service agencies on aging and other
    30  organizations for aging programs and services.
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     1     Section 3.  This act shall take effect July 1, 1981.




















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