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solely to the owner of the account and may be withdrawn by the 24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