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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 847
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
5364S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 313.205 and 313.230, RSMo, and to enact in lieu thereof two new sections
relating to the state lottery.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 313.205 and 313.230, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 313.205 and 313.230, to read as follows:3
313.205. As used in sections 313.200 to 313.350, the 1
following words and terms shall have the meanings ascribed 2
to them in this section unless the context clearly requires 3
otherwise: 4
(1) "Commission" or "lottery commission", the three- 5
member body appointed by the governor to manage and oversee 6
the lottery and to appoint a director; 7
(2) "Commissioner", one of the members of the lottery 8
commission appointed by the governor pursuant to the 9
provisions of sections 313.200 to 313.350; 10
(3) "Director", the director of the state lottery 11
appointed by the commission as the chief administrator of 12
the state lottery; 13
(4) "Division", the division of the state lottery 14
authorized by sections 313.200 to 313.350; 15
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(5) "Lottery" or "state lottery", the state lottery 16
established and operated pursuant to the provisions of 17
sections 313.200 to 313.350; 18
(6) "Lottery contractor" or "lottery vendor", a person 19
with whom the division has contracted to provide goods or 20
services for the state lottery; 21
(7) "Lottery game" or "game", any procedure authorized 22
by written rule of the commission or by law whereby prizes 23
are distributed among persons who have paid, or have 24
unconditionally agreed to pay, for tickets or shares in 25
either a physical or electronic format which provide the 26
opportunity to win such prizes; 27
(8) "Lottery game retailer", any person with whom the 28
lottery commission has contracted to sell tickets or shares 29
in lottery games to the public; 30
(9) "Lottery ticket" or "shares", any bearer 31
instrument in a physical form or in an electronic format 32
authorized by the commission. A bearer instrument may 33
include credits that can be redeemed for use in playing 34
future lottery games; 35
(10) "Person", any natural person, firm, corporation, 36
or other legal entity possessing a department of revenue 37
retail sales license, as provided by law. 38
313.230. The commission shall: 1
(1) Issue rules and regulations concerning the 2
operation of the Missouri state lottery. The rules and 3
regulations shall include, but shall not be limited to, the 4
following: 5
(a) The type of lottery to be conducted, except no 6
lottery may use any coin- or token-operated amusement device 7
[and no]. Lottery [game shall] games may be based [in any 8
form] on the outcome of sporting events where the maximum 9
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ticket price does not exceed five dollars per ticket. 10
[However,] It shall be legal to use clerk- or player- 11
activated terminals or kiosks[, which are coin- or currency- 12
operated,] to [dispense] sell lottery tickets. The 13
commission may also use an internet application to sell 14
electronic scratcher games, draw games, and pull-tab games 15
where a player may access such internet application to buy 16
lottery tickets in an electronic format using a personal 17
device; 18
(b) The price, or prices, of tickets or shares in the 19
lottery; 20
(c) The numbers and sizes of the prizes on the winning 21
tickets or shares; 22
(d) The manner of selecting the winning tickets or 23
shares; 24
(e) The manner of payment of prizes to the holders of 25
winning tickets or shares; 26
(f) The frequency of the drawings or selections of 27
winning tickets or shares, without limitation; 28
(g) The types or numbers of locations at which tickets 29
or shares may be sold and the method to be used in selling 30
tickets or shares; 31
(h) The method to be used in selling tickets or shares; 32
(i) The licensing of lottery game retailers to sell 33
tickets or shares; 34
(j) The manner and amount of compensation, including 35
commissions, ticket discounts, incentives and any other 36
remuneration, to be paid to or retained by lottery game 37
retailers; 38
(k) The apportionment of the total revenues accruing 39
from the sale of lottery tickets or shares and from all 40
other sources among: 41
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a. The payment of prizes to the holders of winning 42
tickets or shares; 43
b. The payment of costs incurred in the operation and 44
administration of the lottery, including the expenses of the 45
commission and the costs resulting from any contract or 46
contracts entered into for promotional, advertising or 47
operational services or for the purchase or lease of lottery 48
equipment and materials; 49
c. For the repayment to the general revenue fund of 50
any amount appropriated for initial start-up of the lottery; 51
and 52
d. For timely transfer to the state lottery fund as 53
provided by law; 54
(l) Such other matters necessary or desirable for the 55
efficient and economical operation and administration of the 56
lottery and for the convenience of the purchasers of tickets 57
or shares and the holders of winning tickets or shares. The 58
commission may disburse money for payment of lottery prizes; 59
(2) Amend, repeal, or supplement any such rules and 60
regulations from time to time as it deems necessary or 61
desirable; 62
(3) Advise and make recommendations to the director 63
regarding the operation and administration of the lottery; 64
(4) Report quarterly to the governor and the general 65
assembly the total lottery revenues, prize disbursements and 66
other expenses for the preceding quarter, and to make an 67
annual report, which shall include a full and complete 68
statement of lottery revenues, prize disbursements and other 69
expenses, to the governor and the general assembly, and 70
including such recommendations for changes in sections 71
313.200 to 313.350 as it deems necessary or desirable; 72
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(5) Report to the governor and general assembly any 73
matters which shall require immediate changes in the laws of 74
this state in order to prevent abuses and evasions of 75
sections 313.200 to 313.350 or rules and regulations 76
promulgated thereunder or to rectify undesirable conditions 77
in connection with the administration or operation of the 78
lottery; 79
(6) Carry on a continuous study and investigation of 80
the lottery throughout the state and to make a continuous 81
study and investigation of the operation and the 82
administration of similar laws which may be in effect in 83
other states or countries, any literature on the subject 84
which from time to time may be published or available, any 85
federal laws which may affect the operation of the lottery, 86
and the reaction of Missouri citizens to existing and 87
potential features of the lottery with a view to 88
recommending or effecting changes that will tend to serve 89
the purposes of sections 313.200 to 313.350; 90
(7) Ensure that all employees of the state lottery 91
commission hired after July 12, 1990, shall not be related 92
to any member of the state lottery commission or any 93
employee of the state lottery commission within the third 94
degree of consanguinity or affinity. 95
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