PRINTER'S NO. 1539
No. 1302 Session of 1983
INTRODUCED BY BARBER, WACHOB, HOEFFEL, BELOFF, IRVIS, MILLER,
HARPER, FATTAH, WIGGINS, ITKIN, ZWIKL, F. E. TAYLOR, MRKONIC,
SALOOM, CIMINI, KOSINSKI, MICHLOVIC, CIVERA, ALDERETTE,
ANGSTADT, MICOZZIE, MANDERINO, JOHNSON, GRUPPO, LASHINGER,
PRATT, DeLUCA, J. L. WRIGHT, MORRIS, HALUSKA, FREEMAN,
PRESTON, MAIALE, CALTAGIRONE, CLARK, COLE, BELFANTI,
KUKOVICH, GALLAGHER, JAROLIN, RYBAK, DOMBROWSKI, COY,
SHOWERS, PISTELLA, COHEN, STEIGHNER, RUDY, SEVENTY, FISCHER,
KASUNIC, E. Z. TAYLOR, TRUMAN, McCALL, OLIVER, RICHARDSON,
STUBAN AND DAWIDA, JUNE 29, 1983
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 29, 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
1 purposes of providing property tax relief for the elderly for
2 taxes paid in 1971 and thereafter to persons sixty-five years of
3 age or older [and], for providing certain free fixed route local
4 transit services to persons sixty-five years of age or older and
5 reduced fare on group ride transit service to persons sixty-five
6 years of age or older and for providing prescription drug
7 payments for certain persons. It is further intended to provide
8 a means through which to curb illegal gambling operations in
9 Pennsylvania.
10 Section 6. Powers and Duties of the Secretary of Revenue.--
11 (a) In addition to the powers and duties provided by law and
12 "The Administrative Code of 1929," the Secretary of Revenue
13 shall have the power and it shall be his duty to operate and
14 administer the lottery, and to promulgate rules and regulations
15 governing the establishment and operation thereof, including but
16 not limited to:
17 * * *
18 (11) The apportionment of the total revenues accruing from
19 the sale of lottery tickets or shares and from all other sources
20 among (i) the payment of prizes to the holders of winning
21 tickets or shares; (ii) the payment of costs incurred in the
22 operation and administration of the lottery, including the
23 expenses of the division and the costs resulting from any
24 contract or contracts entered into for promotional, advertising
25 or operational services or for the purchase or lease of lottery
26 equipment and materials; (iii) for the repayment of the moneys
27 appropriated to the State Lottery Fund pursuant to section 16 of
28 this act; and (iv) for property tax relief [and], free or
29 reduced fare transit service for the elderly and prescription
30 drug payments for certain persons as provided in section 12 of
19830H1302B1539 - 2 -
1 this act: Provided, however, That no less than thirty per cent
2 of the total revenues accruing from the sale of lottery tickets
3 or shares shall be dedicated to subclause (iv) above.
4 * * *
5 Section 12. Disposition of Funds from Sale of Tickets or
6 Shares.--(a) All moneys received from the operation of the
7 State lottery shall be deposited in a State Lottery Fund which
8 is hereby created. Such moneys shall be used to the extent
9 necessary for the payment of lottery prizes but the amount so
10 used shall not be less than forty per cent of the amount of
11 which tickets or shares have been sold. All payments of lottery
12 prizes and for expenses of operation of the lottery shall be
13 made as provided by law. All moneys remaining after payment of
14 prizes and operating expenses shall remain in the State Lottery
15 Fund and shall be allocated for the purpose of providing
16 property tax relief for the elderly for taxes paid in 1971 and
17 thereafter pursuant to the provisions of the act of March 11,
18 1971 (P.L.104, No.3), known as the "Senior Citizens [Property
19 Tax or Rent] Rebate and [Older Persons Inflation Needs]
20 Assistance Act," for prescription drug payments pursuant to the
21 act of (No. ), known as the "Pharmaceutical
22 Assistance Plan to the Aged Act," and for the purpose of
23 providing free or reduced fare transit service for the elderly
24 pursuant to the act of January 22, 1968 (P.L.42, No.8), known as
25 the "Pennsylvania Urban Mass Transportation [Assistance] Law [of
26 1967]," and the act of February 11, 1976 (P.L.14, No.10), known
27 as the "Pennsylvania Rural and Intercity Common Carrier Surface
28 Transportation Assistance Act." In the event sufficient funds
29 are not available from the lottery receipts to meet the
30 requirements of the act of March 11, 1971 (P.L.104, No.3), known
19830H1302B1539 - 3 -
1 as the "Senior Citizens [Property Tax or Rent] Rebate and [Older
2 Persons Inflation Needs] Assistance Act," or for providing free
3 or reduced fare transit service for the elderly under the act of
4 January 22, 1968 (P.L.42, No.8), known as the "Pennsylvania
5 Urban Mass Transportation [Assistance] Law [of 1967]," and the
6 act of February 11, 1976 (P.L.14, No.10), known as the
7 "Pennsylvania Rural and Intercity Common Carrier Surface
8 Transportation Assistance Act," additional funds to fulfill
9 these obligations, shall be appropriated from the General Fund
10 for this purpose.
11 (b) The moneys in said State Lottery Fund shall be
12 appropriated only:
13 (1) For the payment of prizes to the holders of winning
14 lottery tickets or shares;
15 (2) For the expenses of the division in its operation of the
16 lottery;
17 (3) For property tax relief [and], free or reduced fare
18 transit service for the elderly and prescription drug payments
19 for certain persons as provided under section 12 of this act;
20 and
21 (4) For transfer to the General Fund through June 30, 1972,
22 and for the repayment to the General Fund of the amount
23 appropriated to the fund pursuant to section 16 of this act.
24 Section 2. This act shall take effect July 1, 1983.
F20L72DGS/19830H1302B1539 - 4 -