Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 3761-303 - 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: (1) The type of lottery to be conducted.(2) The price, or prices, of tickets or shares in the lottery.(3) The numbers and sizes of the prizes on the winning tickets or shares.(4) The manner of selecting the winning tickets or shares.(5)(i) Except as provided in subparagraph (ii), the manner of payment of prizes to the holders of winning tickets or shares.(ii) For new nonmultistate on-line, pari-mutuel games with prizes of $1,000,000 or more and payable in more than one installment, the player shall have the option at the time of purchase to accept, as full payment of the player's share of the prize won, a lump sum of the prize money allocated to the first place prize category, divided equally by the number of tickets determined by the lottery to be entitled to claim a first place prize, provided that the player specified the lump-sum option at the time of purchase and received a mark on the ticket confirming such request. In cases where the prize pool for the first place prize is not sufficient to fund the guaranteed lump-sum prize as announced by the lottery, the prize pool shall be increased as necessary by the lottery. Players shall be bound by their prewinning choice.(6) The frequency of the drawings or selections of winning tickets or shares, without limitation.(7) Without limit as to number, the type or types of locations at which tickets or shares may be sold.(8)The method to be used in selling tickets or shares, except that sales through the lottery's internet website or internet websites operated by licensed lottery retailers of any lottery game or any internet instant game shall be prohibited unless specifically authorized by law. (9) The licensing of agents to sell tickets or shares provided that no person under the age of 21 shall be licensed as an agent.(10) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public.(11) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among:(i) the payment of prizes to the holders of winning tickets or shares;(ii) 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(iii) Deleted by 1996, Nov. 21, P.L. 741, No. 134, § 1, effective in 60 days.(iv) for property tax relief and free or reduced fare transit service for the elderly as provided in section 311. The following apply:(A) For fiscal years beginning before July 1, 2014, no less than 27% of the total revenues accruing from the sale of lottery tickets or shares shall be dedicated to this subparagraph.(B) For fiscal years beginning after June 30, 2014, and ending June 30, 2019, no less than 25% of the total revenues accruing from the sale of lottery tickets or shares shall be dedicated to this subparagraph.(C) For fiscal years beginning after June 30, 2019, and ending June 30, 2029, no less than 20% of the total revenues accruing from the sale of lottery tickets or shares shall be dedicated to this subparagraph.(D) For fiscal years beginning after June 30, 2029, no less than 25% of the total revenues accruing from the sale of lottery tickets or shares shall be dedicated to this subparagraph.(11.1) The production and merchandising of promotional items for the lottery.(12) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.(13) The performance of the powers and duties heretofore vested in the State Lottery Commission.(a.1)Prohibitions.--The secretary may not offer any Internet-based or monitor-based interactive lottery game or simulated casino style lottery game, including video poker, video roulette, slot machines or video blackjack, through the State Lottery.(b) Reports.--The secretary shall report monthly to the Governor and the Legislature the total lottery revenues, prize disbursements and other expenses for the preceding month, and shall make an annual report, which shall include a full and complete statement of lottery revenues, prize disbursements and other expenses, to the Governor and the Legislature, and including such recommendations for changes in this chapter as the secretary deems necessary or desirable.Amended by P.L. TBD 2022 No. 137, § 1, eff. 1/3/2023.Amended by P.L. TBD 2019 No. 97, § 1, eff. 11/27/2019.Amended by P.L. TBD 2017 No. 42, § 35, eff. 10/30/2017.Amended by P.L. TBD 2014 No. 201, § 2, eff. 10/31/2014.1971, Aug. 26, P.L. 351, No. 91, § 6, imd. effective. Amended 1972, Dec. 27, P.L. 1629, No. 338, § 1, effective July 1, 1973; 1980, Oct. 17, P.L. 1088, No. 184, § 1, effective in 60 days; 1982, Dec. 15, P.L. 1288, No. 291, § 2, effective in 60 days; 1992, Dec. 14, P.L. 868, No. 138, § 1, effective in 60 days. Renumbered as § 303 and amended 1996, Nov. 21, P.L. 741, No. 134, § 1, effective in 60 days. Amended 2011, June 30, P.L. 110, No. 23, § 1, effective July 1, 2011.