General Assembly Raised Bill No. 231
February Session, 2010 LCO No. 1061
*01061_______PS_*
Referred to Committee on Public Safety and Security
Introduced by:
(PS)
General Assembly
Raised Bill No. 231
February Session, 2010
LCO No. 1061
*01061_______PS_*
Referred to Committee on Public Safety and Security
Introduced by:
(PS)
AN ACT CONCERNING DELINQUENT LOTTERY SALES AGENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 12-569 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) If the president of the Connecticut Lottery Corporation determines that any lottery sales agent has breached [his] such agent's fiduciary responsibility to the corporation in that the account of such lottery sales agent with respect to moneys received from the sale of lottery tickets has become delinquent in accordance with regulations adopted as provided in section 12-568a, the president shall notify the executive director of the breach of fiduciary duty and the executive director shall impose a delinquency assessment upon such account equal to ten per cent of the amount due or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of such amount for each month or fraction of a month from the date such amount is due to the date of payment. [Subject] Except as provided in subsection (b) of this section, and subject to the provisions of section 12-3a, the executive director may waive all or part of the penalties provided under this subsection when it is proven to [his] the executive director's satisfaction that the failure to pay such moneys to the state within the time allowed was due to reasonable cause and was not intentional or due to neglect. Any such delinquent lottery sales agent shall be notified of such delinquency assessment and shall be afforded an opportunity to contest the validity and amount of such assessment before the executive director who [is hereby authorized to] may conduct such hearing. Upon request of the president of the Connecticut Lottery Corporation, the executive director may prepare and sign a warrant directed to any state marshal, constable or any collection agent employed by the Connecticut Lottery Corporation for distraint upon any property of such delinquent lottery sales agent within the state, whether personal or real property. An itemized bill shall be attached [thereto] to the warrant certified by the executive director as a true statement of the amount due from such lottery sales agent. Such warrant shall have the same force and effect as an execution issued in accordance with chapter 906. Such warrant shall be levied on any real, personal, tangible or intangible property of such agent and sale made pursuant to such warrant in the same manner and with the same force and effect as a levy and sale pursuant to an execution.
(b) Notwithstanding section 12-3a, if the lottery sales agent has been delinquent for a period of more than five years, the executive director may negotiate with such delinquent lottery sales agent for the purpose of collecting all or a portion of the amount of the assessment imposed in accordance with subsection (a) of this section.
(c) The executive director, with the advice and consent of the board, shall adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010 12-569
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010
12-569
Statement of Purpose:
To allow the executive director of the Division of Special Revenue to negotiate settlements with delinquent lottery sales agents.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]