SENATE DOCKET, NO. 473        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 101

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer L. Flanagan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to lottery online products.

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PETITION OF:

SENATE DOCKET, NO. 473        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 101

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to lottery online products.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Notwithstanding any general or special law to the contrary:

SECTION 1.  Section 24 of chapter 10 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph: -

The commission is hereby authorized to conduct a state lottery, including a lottery or lotteries conducted online or over the internet, and shall determine the types of lottery or lotteries to be conducted, the price, or prices, of tickets or shares in the lottery, the numbers and sizes of the prizes on the winning tickets or shares, the manner of selecting the winning tickets or shares, the manner of payment of prizes to the holders of winning tickets or shares, the frequency of the drawings or selections of winning tickets or shares and the type or types of  locations at which tickets or shares may be sold, the method to be used in selling tickets or shares, the licensing of agents to sell tickets or shares; provided, however, that no person under the age of eighteen shall be licensed as an agent, the manner and amount of compensation, if any, to be paid licensed sales agents, and 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; provided, however, that the amount of compensation, if any, to be paid to licensed sales agents as a commission pursuant to this section shall be calculated on the total face value of each ticket or share sold and not on any discounted price of any such ticket or share sold.  The commission is authorized to operate the daily numbers game seven days a week.  Each state lottery ticket or share shall have imprinted thereon the state seal and a serial number.  The commission may establish, and from time to time revise, such rules and regulations as it deems necessary or desirable and shall file the same with the office of the state secretary.  With respect to a lottery or lotteries conducted online or over the internet, such rules and regulations shall, at a minimum, provide that (i) age verification measures be reasonably designed to block access to and prevent sales of lottery tickets or shares online or over the internet to persons under the age of eighteen and (ii) sales of lottery tickets or shares online or over the internet are limited to transactions initiated and received or otherwise made within the Commonwealth.  The commission shall advise and make recommendations to the director regarding the operation and administration of the lottery.  The commission shall report monthly to the governor, the attorney general and the general court, the total lottery revenues, prize disbursements and other expenses for the preceding month, and shall make an annual report to the same which shall include a full and complete statement of lottery revenues, prize disbursements and other expenses, including such recommendations as it may deem necessary or advisable.  The commission shall report immediately to the governor and the general court any matters which require immediate changes in the laws of the commonwealth in order to prevent abuses and evasions of the lottery law or rules and regulations promulgated thereunder or to rectify undesirable conditions in connection with the administration or operation of the state lottery.

SECTION 2.  Section 24A of chapter 10 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 8, after the words “creating and maintaining multi-jurisdictional lottery games”, the following words: - , including such multi-jurisdictional lottery games to be conducted online or over the internet, provided that any such lottery or lotteries conducted online or over the internet has been properly authorized by each state or other jurisdiction that is part of the group

SECTION 3.  Section 3 of chapter 137 of the General Laws, as most recently amended by chapter 194, section 44 of the Acts of 2011, is hereby amended by inserting, after the words “but not including gaming conducted pursuant to chapter 23K”, the following words: - and chapter 10.