Connecticut 2019 Regular Session

Connecticut Senate Bill SB01015 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1015
	5	+	General Assembly Raised Bill No. 1015
8	6		January Session, 2019
	7	+	LCO No. 5453
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	9	+
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
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	12	+
	13	+	Introduced by:
	14	+	(PS)
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14	19		AN ACT CONCERNING ON LINE LOTTERY DRAW GAMES IN THE
15	20		STATE.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. (NEW) (Effective from passage) (a) As used in this section, 1
20	25		"lottery draw game" means any draw game that is available for 2
21	26		purchase through a lottery sales agent. 3
22	27		(b) The Connecticut Lottery Corporation shall establish a program 4
23	28		to sell lottery tickets for lottery draw games through the corporation's 5
24	29		Internet web site, online service or mobile application, provided: (1) 6
25	30		Such program does not violate any compact, memorandum of 7
26	31		understanding or agreement in force between the state and the 8
27	32		Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of 9
28	33		Connecticut; and (2) the keno draw game is offered pursuant to signed 10
29	34		agreements with the Mashantucket Pequot Tribe and the Mohegan 11
30	35		Tribe of Indians of Connecticut or signed amendments to such 12
31	36		agreements, in accordance with the provisions of section 12-806c of the 13
32		-	general statutes, as amended by this act. 14
	37	+	general statutes, as amended by this act. 14 Raised Bill No. 1015
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33	43		(c) Such program shall, at a minimum: (1) Verify that a person who 15
34	44		establishes an online lottery account to purchase a lottery ticket 16
35	45		through such program is eighteen years of age or older and is located 17
36		-	in the state; (2) restrict the sale of lottery tickets to transactions initiated 18 Substitute Bill No. 1015
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	46	+	in the state; (2) restrict the sale of lottery tickets to transactions initiated 18
43	47		and received within the state; (3) allow a person to deposit money into 19
44	48		an online lottery account through the use of a verified bank account, 20
45	49		prepaid lottery gift card, debit card or credit card; (4) limit a person 21
46	50		with an online lottery account to using only one debit card or credit 22
47	51		card; (5) provide that any money in an online lottery account belongs 23
48	52		solely to the owner of the account and may be withdrawn by the 24
49	53		owner at any time; (6) provide a mechanism to prevent the 25
50	54		unauthorized use of online lottery accounts; (7) establish a voluntary 26
51	55		self-exclusion process to allow a person to exclude himself or herself 27
52	56		from establishing an online lottery account or purchasing a lottery 28
53	57		ticket through such program; (8) provide a mechanism to prevent a 29
54	58		person who participates in the self-exclusion process from establishing 30
55	59		an online lottery account; (9) within one year from the date such 31
56	60		program is established, be the subject of an application for certification 32
57	61		from a national or international responsible gambling compliance 33
58	62		assessment program; (10) post a conspicuous link to responsible 34
59	63		gambling information on all online lottery account Internet web pages; 35
60	64		and (11) after consultation with advocacy groups for individuals with 36
61	65		gambling problems, (A) limit the amount of money a person may 37
62	66		deposit into an online lottery account, (B) limit the amount of money a 38
63	67		person may spend per day through such program, and (C) provide for 39
64	68		online messages regarding the importance of responsible gambling 40
65	69		when a person is using his or her online lottery account for an amount 41
66	70		of time specified by the corporation. 42
67	71		(d) Prior to implementing any procedure, as defined in subdivision 43
68	72		(2) of section 1-120 of the general statutes, to assure the integrity of 44
69	73		such program, the corporation shall obtain the written approval of the 45
70	74		Commissioner of Consumer Protection in accordance with regulations 46
71	75		adopted under section 12-568a of the general statutes. 47
72		-	(e) The corporation shall: (1) Implement initiatives to promote the 48
	76	+	(e) The corporation shall: (1) Implement initiatives to promote the 48 Raised Bill No. 1015
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73	82		purchase of lottery tickets through lottery sales agents; (2) permit 49
74	83		lottery sales agents to sell prepaid lottery gift cards; and (3) conduct an 50
75		-	online public awareness campaign designed to educate the public 51 Substitute Bill No. 1015
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	84	+	online public awareness campaign designed to educate the public 51
82	85		regarding compulsive gambling and to inform the public of the 52
83	86		programs available for the prevention, treatment and rehabilitation of 53
84	87		compulsive gamblers in the state. 54
85	88		Sec. 2. Subdivision (4) of subsection (b) of section 12-806 of the 55
86	89		general statutes is repealed and the following is substituted in lieu 56
87	90		thereof (Effective from passage): 57
88	91		(4) (A) To introduce new lottery games, modify existing lottery 58
89	92		games, utilize existing and new technologies, determine distribution 59
90	93		channels for the sale of lottery tickets, introduce keno pursuant to 60
91	94		signed agreements with the Mashantucket Pequot Tribe and the 61
92	95		Mohegan Tribe of Indians of Connecticut, in accordance with section 62
93	96		12-806c, as amended by this act, and, to the extent specifically 63
94	97		authorized by regulations adopted by the Department of Consumer 64
95	98		Protection pursuant to chapter 54, introduce instant ticket vending 65
96	99		machines, kiosks and automated wagering systems or machines, with 66
97	100		all such rights being subject to regulatory oversight by the Department 67
98	101		of Consumer Protection; and 68
99	102		(B) To offer lottery draw games, including for promotional 69
100	103		purposes, through the corporation's Internet web site, online service or 70
101	104		mobile application in accordance with section 1 of this act, except that 71
102	105		the corporation shall not offer any other interactive [on-line] lottery 72
103	106		games, including [on-line video] lottery games for promotional 73
104		-	purposes, on the corporation's Internet web site, online service or 74
	107	+	purposes on the corporation's Internet web site, online service or 74
105	108		mobile application; 75
106	109		Sec. 3. Section 12-810 of the general statutes is repealed and the 76
107	110		following is substituted in lieu thereof (Effective from passage): 77
108	111		(a) The Freedom of Information Act, as defined in section 1-200, 78
109	112		shall apply to all actions, meetings and records of the corporation, 79
110		-	except (1) where otherwise limited by subsection (c) of this section as 80
111		-	to new lottery games and serial numbers of unclaimed lottery tickets, 81
112		-	[and] (2) with respect to financial, credit and proprietary information 82 Substitute Bill No. 1015
	113	+	except (1) where otherwise limited by subsection (c) of this section as 80 Raised Bill No. 1015
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	119	+	to new lottery games and serial numbers of unclaimed lottery tickets, 81
	120	+	[and] (2) with respect to financial, credit and proprietary information 82
119	121		submitted by any person to the corporation in connection with any 83
120	122		proposal to provide goods, services or professional advice to the 84
121	123		corporation as provided in section 12-815, and (3) where otherwise 85
122	124		limited by subsection (d) of this section as to information submitted by 86
123	125		any person to the corporation regarding such person's participation in 87
124	126		the corporation's voluntary self-exclusion process established pursuant 88
125	127		to subdivision (7) of subsection (c) of section 1 of this act. 89
126	128		(b) The records of proceedings as provided in subsection (a) of 90
127	129		section 12-805 shall be subject to disclosure pursuant to the provisions 91
128	130		of subsection (a) of section 1-210. 92
129	131		(c) Any new lottery game and the procedures for such game, until 93
130	132		the game is publicly announced by the corporation, and any serial 94
131	133		number of an unclaimed lottery ticket shall not be deemed public 95
132	134		records, as defined in section 1-200, and shall not be available to the 96
133	135		public under the provisions of section 1-210. The president shall 97
134	136		submit a fiscal note prepared by the corporation with respect to the 98
135	137		procedures for a new lottery game to the joint standing committees of 99
136	138		the General Assembly having cognizance of matters relating to finance, 100
137	139		revenue, bonding and public safety after approval of such game by the 101
138	140		board. 102
139	141		(d) The name and any personally identifying information of a 103
140	142		person who is participating or has participated in the corporation's 104
141	143		voluntary self-exclusion process shall not be deemed public records, as 105
142	144		defined in section 1-200, and shall not be available to the public under 106
143	145		the provisions of section 1-210. The president may disclose the name 107
144	146		and any records of such person if such person claims a winning lottery 108
145	147		ticket from the use of the online lottery program established pursuant 109
146	148		to section 1 of this act. 110
147	149		Sec. 4. Section 12-818 of the general statutes is repealed and the 111
148		-	following is substituted in lieu thereof (Effective from passage): 112
149		-	For each of the fiscal years ending June 30, 2010, and June 30, 2011, 113 Substitute Bill No. 1015
	150	+	following is substituted in lieu thereof (Effective from passage): 112 Raised Bill No. 1015
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	156	+	For each of the fiscal years ending June 30, 2010, and June 30, 2011, 113
156	157		the Connecticut Lottery Corporation shall transfer one million nine 114
157	158		hundred thousand dollars of the revenue received from the sale of 115
158	159		lottery tickets to the chronic gamblers treatment rehabilitation account 116
159	160		created pursuant to section 17a-713, as amended by this act. For the 117
160	161		fiscal years ending June 30, 2012, to June 30, 2013, inclusive, the 118
161	162		[Connecticut Lottery Corporation] corporation shall transfer one 119
162	163		million nine hundred thousand dollars of the revenue received from 120
163	164		the sale of lottery tickets to the chronic gamblers treatment 121
164	165		rehabilitation account. [created pursuant to section 17a-713.] For the 122
165	166		fiscal [year] years ending June 30, 2014, [and each fiscal year thereafter] 123
166	167		to June 30, 2019, inclusive, the [Connecticut Lottery Corporation] 124
167	168		corporation shall transfer two million three hundred thousand dollars 125
168	169		of the revenue received from the sale of lottery tickets to the chronic 126
169	170		gamblers treatment rehabilitation account. [created pursuant to section 127
170	171		17a-713.] For the fiscal year ending June 30, 2020, and each fiscal year 128
171		-	thereafter, the corporation shall transfer two million ~~eight~~ hundred 129
	172	+	thereafter, the corporation shall transfer two million four hundred 129
172	173		thousand dollars of the revenue received from the sale of lottery tickets 130
173	174		to the chronic gamblers treatment rehabilitation account. 131
174	175		Sec. 5. Section 17a-713 of the general statutes is repealed and the 132
175	176		following is substituted in lieu thereof (Effective from passage): 133
176	177		(a) The Department of Mental Health and Addiction Services shall 134
177	178		establish a program for the treatment and rehabilitation of compulsive 135
178	179		gamblers in the state. The program shall provide prevention, treatment 136
179	180		and rehabilitation services for chronic gamblers. The department may 137
180	181		enter into agreements with subregional planning and action councils 138
181	182		and nonprofit organizations to assist in providing these services, 139
182	183		provided not less than twenty-five per cent of the amount received 140
183	184		pursuant to section 12-818, as amended by this act, annually shall be 141
184	185		set aside for contracts with subregional planning and action councils 142
185	186		established pursuant to section 17a-671 and nonprofit organizations 143
186	187		and not less than five per cent of the amount received pursuant to 144
187	188		section 12-818, as amended by this act, annually shall be set aside for a 145
188		-	contract with the Connecticut Council on Problem Gambling. The 146 ~~Substitute~~ Bill No. 1015
	189	+	contract with the Connecticut Council on Problem Gambling. The 146 Raised Bill No. 1015
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195	195		department may impose a reasonable fee, on a sliding scale, on those 147
196	196		participants who can afford to pay for any such services. The 148
197	197		department shall implement such program when the account 149
198	198		established under subsection (b) of this section is sufficient to meet 150
199	199		initial operating expenses. As used in this section, "chronic gambler" 151
200	200		means a person who is chronically and progressively preoccupied with 152
201	201		gambling and the urge to gamble, and with gambling behavior that 153
202	202		compromises, disrupts or damages personal, family or vocational 154
203	203		pursuits. 155
204	204		(b) The program established by subsection (a) of this section shall be 156
205	205		funded by imposition of: (1) A fee of one hundred thirty-five dollars on 157
206	206		each association license, for each performance of jai alai or dog racing 158
207	207		conducted under the provisions of chapter 226, provided no such 159
208	208		licensee shall contribute more than forty-five thousand dollars in any 160
209	209		one year; (2) a fee of twenty-five dollars for each teletheater 161
210	210		performance on each operator of a teletheater facility; and (3) the 162
211	211		amount received from the Connecticut Lottery Corporation pursuant 163
212	212		to section 12-818, as amended by this act. The Commissioner of 164
213	213		Consumer Protection shall collect the fee from each association 165
214	214		licensee or such operator on a monthly basis. The receipts shall be 166
215	215		deposited in the General Fund and credited to a separate, nonlapsing 167
216	216		chronic gamblers treatment and rehabilitation account which shall be 168
217	217		established by the Comptroller. All moneys in the account are deemed 169
218	218		to be appropriated and shall be expended (A) for the purposes 170
219	219		established in subsection (a) of this section, and (B) in an amount not to 171
220	220		exceed one hundred thousand dollars to fund the study described in 172
221	221		subsection (d) of this section. 173
222	222		(c) The department shall adopt regulations in accordance with the 174
223	223		provisions of chapter 54 to carry out the purposes of this section. 175
224	224		(d) Not later than January 1, 2023, the Commissioner of Mental 176
225	225		Health and Addiction Services shall develop and issue a request for 177
226	226		proposals to study the socioeconomic impact of the program 178
227		-	established by the Connecticut Lottery Corporation pursuant to section 179 ~~Substitute~~ Bill No. 1015
	227	+	established by the Connecticut Lottery Corporation pursuant to section 179 Raised Bill No. 1015
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234	233		1 of this act on problem gambling in this state. Such study shall be 180
235	234		performed by an institution of higher education located in the state 181
236	235		with expertise in problem gambling and addiction and the institution 182
237	236		shall submit the study for peer review to ensure accuracy, validity and 183
238	237		reliability. The corporation shall provide any information and data 184
239	238		needed by the institution of higher education to perform the study, 185
240	239		provided the information and data does not disclose the identity of 186
241	240		individuals. Not later than July 1, 2024, the commissioner shall submit 187
242	241		the results of such study, in accordance with the provisions of section 188
243	242		11-4a, to the joint standing committee of the General Assembly having 189
244	243		cognizance of matters related to public safety and security. 190
245	244		Sec. 6. Section 12-806c of the general statutes is repealed and the 191
246	245		following is substituted in lieu thereof (Effective from passage): 192
247	246		Notwithstanding the provisions of section 3-6c, the Secretary of the 193
248	247		Office of Policy and Management, on behalf of the state of Connecticut, 194
249	248		may enter into separate agreements with the Mashantucket Pequot 195
250	249		Tribe and the Mohegan Tribe of Indians of Connecticut concerning the 196
251	250		operation of keno by the Connecticut Lottery Corporation in the state 197
252	251		of Connecticut. Any such agreement shall provide that the state of 198
253	252		Connecticut shall distribute to each tribe a sum not to exceed a twelve 199
254	253		and one-half per cent share of the gross operating revenue received by 200
255	254		the state from the operation of keno. The corporation may not operate 201
256	255		keno until such separate agreements are effective. Any such agreement 202
257		-	may be amended ~~to provide for the~~ operation of keno on the 203
	256	+	may be amended concerning t he operation of keno on the 203
258	257		corporation's Internet web site, online service or mobile application 204
259		-	pursuant to the program established in section 1 of this act. ~~The~~ 205
260		-	corporation may not operate keno through such program until ~~such~~ 206
261		-	separate agreements are amended and such agreements are ~~effective.~~ 207
262		-	For the purposes of this section, "gross operating revenues" ~~means the~~ 208
263		-	total amounts wagered, less amounts paid out as prizes. 209
	258	+	pursuant to the program established pursuant to section 1 of this act. 205
	259	+	The corporation may not operate keno through such program until 206
	260	+	such separate agreements are amended and such agreements are 207
	261	+	effective. For the purposes of this section, "gross operating revenues" 208
	262	+	means the total amounts wagered, less amounts paid out as prizes. 209
264	263		Sec. 7. Section 52-553 of the general statutes is repealed and the 210
265		-	following is substituted in lieu thereof (Effective from passage): 211 ~~Substitute~~ Bill No. 1015
	264	+	following is substituted in lieu thereof (Effective from passage): 211 Raised Bill No. 1015
266	265
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272	270		All wagers, and all contracts and securities of which the whole or 212
273	271		any part of the consideration is money or other valuable thing won, 213
274	272		laid or bet, at any game, horse race, sport or pastime, and all contracts 214
275	273		to repay any money knowingly lent at the time and place of such 215
276	274		game, race, sport or pastime, to any person so gaming, betting or 216
277	275		wagering, or to repay any money lent to any person who, at such time 217
278	276		and place, so pays, bets or wagers, shall be void, provided nothing in 218
279	277		this section shall (1) affect the validity of any negotiable instrument 219
280	278		held by any person who acquired the same for value and in good faith 220
281	279		without notice of illegality in the consideration, (2) apply to the sale of 221
282	280		a raffle ticket pursuant to section 7-172, (3) apply to the participation in 222
283	281		the program established by the Connecticut Lottery Corporation 223
284	282		pursuant to section 1 of this act, or [(3)] (4) apply to any wager or 224
285	283		contract otherwise authorized by law. 225
286	284		Sec. 8. Section 52-554 of the general statutes is repealed and the 226
287	285		following is substituted in lieu thereof (Effective from passage): 227
288	286		Any person who, by playing at any game, or betting on the sides or 228
289	287		hands of such as play at any game, excluding any game permitted 229
290	288		under chapter 226 or any activity not prohibited under the provisions 230
291	289		of sections 53-278a to 53-278g, inclusive, loses the sum or value of one 231
292	290		dollar in the whole and pays or delivers the same or any part thereof, 232
293	291		may, within three months next following, recover from the winner the 233
294	292		money or the value of the goods so lost and paid or delivered, with 234
295	293		costs of suit in a civil action, without setting forth the special matter in 235
296	294		his complaint. If the defendant refuses to testify, if called upon in such 236
297	295		action, relative to the discovery of the property so won, he shall be 237
298	296		defaulted; but no evidence so given by him shall be offered against 238
299		-	him in any criminal prosecution. Nothing in this section shall ~~prohibit~~ 239
	297	+	him in any criminal prosecution. Nothing in this section shall preclude 239
300	298		any person from using a credit card to participate in the program 240
301	299		established by the Connecticut Lottery Corporation pursuant to section 241
302		-	1 of this act. 242 ~~Substitute~~ Bill No. 1015
	300	+	1 of this act. 242 Raised Bill No. 1015
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309	306		This act shall take effect as follows and shall amend the following
310	307		sections:
311	308
312	309		Section 1 from passage New section
313	310		Sec. 2 from passage 12-806(b)(4)
314	311		Sec. 3 from passage 12-810
315	312		Sec. 4 from passage 12-818
316	313		Sec. 5 from passage 17a-713
317	314		Sec. 6 from passage 12-806c
318	315		Sec. 7 from passage 52-553
319	316		Sec. 8 from passage 52-554
320	317
321		-	PS Joint Favorable Subst.
	318	+
	319	+	Statement of Purpose:
	320	+	To (1) authorize the Connecticut Lottery Corporation to offer online
	321	+	lottery draw games, (2) exempt certain records concerning the
	322	+	corporation's voluntary self-exclusion process from disclosure under
	323	+	the Freedom of Information Act, and (3) increase the corporation's
	324	+	contribution to the chronic gamblers treatment rehabilitation account.
	325	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	326	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	327	+	not underlined.]
322	328