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PRINTER'S NO. 977
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
863
Session of
2019
INTRODUCED BY BARRAR, SAINATO, DEASY, GABLER, MURT, POLINCHOCK,
READSHAW, RYAN, STRUZZI AND MULLINS, MARCH 18, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 18, 2019
AN ACT
Amending the act of August 26, 1971 (P.L.351, No.91), entitled
"An act providing for a State Lottery and administration
thereof; authorizing the creation of a State Lottery
Commission; prescribing its powers and duties; disposition of
funds; violations and penalties therefor; exemption of prizes
from State and local taxation and making an appropriation,"
in State lottery, further providing for statement of purpose,
for powers and duties of secretary and for disposition of
funds and providing for instant lottery game to benefit
veterans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 301, 303(a)(11) and 311 of the act of
August 26, 1971 (P.L.351, No.91), known as the State Lottery
Law, are amended to read:
Section 301. Statement of purpose.
This chapter is enacted to establish a lottery to be operated
by the State, the net proceeds of which are to be used after
June 30, 1972, for the purposes of providing property tax relief
for the elderly for taxes paid in 1971 and thereafter to persons
65 years of age or older and for providing certain free fixed
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route local transit services to persons 65 years of age or older
and reduced fare on group ride transit service to persons 65
years of age or older and for establishing an instant lottery
game to benefit veterans. It is further intended to provide a
means through which to curb illegal gambling operations in
Pennsylvania.
Section 303. Powers and duties of secretary.
(a) Powers and duties enumerated.--In addition to the powers
and duties provided by law and the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, the
secretary shall have the power and it shall be his duty to
operate and administer the lottery, and to promulgate rules and
regulations governing the establishment and operation thereof,
including, but not limited to:
* * *
(11) The apportionment of the total revenues accruing
from the sale of lottery tickets or shares and from all other
sources among:
(i) [the] The payment of prizes to the holders of
winning tickets or shares[;].
(ii) [the] The payment of costs incurred in the
operation and administration of the lottery, including
the expenses of the division and the costs resulting from
any contract or contracts entered into for promotional,
advertising or operational services or for the purchase
or lease of lottery equipment and materials[; and].
(iv) [for] For property tax relief and free or
reduced fare transit service for the elderly as provided
in section 311. For fiscal years beginning before July 1,
2014, no less than 27% of the total revenues accruing
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from the sale of lottery tickets or shares shall be
dedicated to this subparagraph. For fiscal years
beginning after June 30, 2014, no less than 25% of the
total revenues accruing from the sale of lottery tickets
or shares shall be dedicated to this subparagraph.
(v) The payment to the Veterans' Trust Fund for
veterans services, outreach and benefit programs as
provided in section 316. All proceeds accruing from the
sale of instant lottery games under section 316, after
the payment of prizes and operational and administrative
costs, shall be dedicated to this subparagraph.
* * *
Section 311. Disposition of funds.
(a) State Lottery Fund.--All moneys received from the
operation of the State lottery shall be deposited in a State
Lottery Fund which is hereby created. Such moneys shall be used
to the extent necessary for the payment of lottery prizes but
the amount so used shall not be less than 40% of the amount of
which tickets or shares have been sold. All payments of lottery
prizes and for expenses of operation of the lottery shall be
made as provided by law. All moneys remaining after payment of
prizes and operating expenses shall remain in the State Lottery
Fund and shall be allocated for the purpose of providing
property tax relief for the elderly for taxes paid in 1971 and
thereafter pursuant to [the provisions of the act of March 11,
1971 (P.L.104, No.3), known as the Senior Citizens Rebate and
Assistance Act] Chapter 13 of the act of June 27, 2006 (1st
Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, and
for the purpose of providing free or reduced fare transit
service for the elderly pursuant to Chapter 9 and the act of
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February 11, 1976 (P.L.14, No.10), known as the Pennsylvania
Rural and Intercity Common Carrier Surface Transportation
Assistance Act and for veterans services, outreach and benefit
programs as provided in section 316. In the event sufficient
funds are not available from the lottery receipts to meet the
requirements of [the Senior Citizens Rebate and Assistance Act]
Chapter 13 of the Taxpayer Relief Act or for providing free or
reduced fare transit service for the elderly under Chapter 9 and
the Pennsylvania Rural and Intercity Common Carrier Surface
Transportation Assistance Act or for veterans services, outreach
and benefit programs as provided in section 316, additional
funds to fulfill these obligations shall be appropriated from
the General Fund for this purpose.
(b) Appropriations.--The moneys in said State Lottery Fund
shall be appropriated only:
(1) For the payment of prizes to the holders of winning
lottery tickets or shares.
(2) For the expenses of the division in its operation of
the lottery.
(3) For property tax relief and free or reduced fare
transit service for the elderly as provided under subsection
(a).
(4) To the Veterans' Trust Fund for veterans services,
outreach and benefit programs as provided in section 316.
Section 2. The act is amended by adding a section to read:
Section 316. Instant lottery game to benefit veterans.
(a) General rule.--The secretary shall operate an instant
lottery game to benefit veterans of the armed forces of the
United States who reside in this Commonwealth. The game tickets
must clearly state that the game proceeds are used to benefit
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veterans in this Commonwealth.
(b) Advertisement.--
(1) The secretary shall market and advertise the instant
lottery game operated under this section to inform the public
that the game tickets are available for purchase daily and
that the game proceeds will be used to fund the following:
(i) Veterans' day-care services as established and
administered by the Department of Military and Veterans
Affairs.
(ii) Veterans' benefit programs as provided by the
Commonwealth.
(iii) Veterans' outreach as determined by the
Department of Military and Veterans Affairs.
(2) The secretary shall change the design or theme of
the game regularly to ensure that the game remains
competitive with all instant lottery games offered by the
State lottery.
(c) Transfer of funds.--On April 30 of each year, the
secretary shall transfer all proceeds from the sale of the
instant lottery game tickets as provided under section 303(a)
(11)(v) to the Veterans' Trust Fund for purposes specified in 51
Pa.C.S. ยง 1721(c) (relating to Veterans' Trust Fund).
Section 3. This act shall take effect in 180 days.
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