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                                                      PRINTER'S NO. 1368

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1146 Session of 1997


        INTRODUCED BY FUMO, TARTAGLIONE, WILLIAMS, KITCHEN, HUGHES,
           SCHWARTZ AND SALVATORE, OCTOBER 6, 1997

        REFERRED TO AGING AND YOUTH, OCTOBER 6, 1997

                                     AN ACT

     1  Amending the act of August 26, 1971 (P.L.351, No.91), entitled
     2     "An act providing for a State Lottery and administration
     3     thereof; authorizing the creation of a State Lottery
     4     Commission; prescribing its powers and duties; disposition of
     5     funds; violations and penalties therefor; exemption of prizes
     6     from State and local taxation and making an appropriation,"
     7     providing for a surcharge on lottery sales in cities of the
     8     first class.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 311(a) of the act of August 26, 1971
    12  (P.L.351, No.91), known as the State Lottery Law, renumbered and
    13  amended November 21, 1996 (P.L.741, No.134), is amended to read:
    14  Section 311.  Disposition of funds.
    15     (a)  State Lottery Fund.--All moneys received from the
    16  operation of the State lottery, except for those moneys received
    17  from the surcharge levied under section 311.1, shall be
    18  deposited in a State Lottery Fund which is hereby created. Such
    19  moneys shall be used to the extent necessary for the payment of
    20  lottery prizes but the amount so used shall not be less than 40%


     1  of the amount of which tickets or shares have been sold. All
     2  payments of lottery prizes and for expenses of operation of the
     3  lottery shall be made as provided by law. All moneys remaining
     4  after payment of prizes and operating expenses shall remain in
     5  the State Lottery Fund and shall be allocated for the purpose of
     6  providing property tax relief for the elderly for taxes paid in
     7  1971 and thereafter pursuant to the provisions of the act of
     8  March 11, 1971 (P.L.104, No.3), known as the Senior Citizens
     9  Rebate and Assistance Act, and for the purpose of providing free
    10  or reduced fare transit service for the elderly pursuant to
    11  Chapter 9 and the act of February 11, 1976 (P.L.14, No.10),
    12  known as the Pennsylvania Rural and Intercity Common Carrier
    13  Surface Transportation Assistance Act. In the event sufficient
    14  funds are not available from the lottery receipts to meet the
    15  requirements of the Senior Citizens Rebate and Assistance Act or
    16  for providing free or reduced fare transit service for the
    17  elderly under Chapter 9 and the Pennsylvania Rural and Intercity
    18  Common Carrier Surface Transportation Assistance Act, additional
    19  funds to fulfill these obligations shall be appropriated from
    20  the General Fund for this purpose.
    21     * * *
    22     Section 2.  The act is amended by adding a section to read:
    23  Section 311.1.  Surcharge; cities of the first class.
    24     (a)  Sales, cities of the first class.--All lottery tickets
    25  sold in a city of the first class shall have in addition to the
    26  price determined by the secretary under section 6(a)(2), a
    27  surcharge of 10% applied to the ticket price by the lottery
    28  sales agent which shall be collected by the sales agent.
    29     (b)  Deposit of proceeds.--The proceeds from the surcharge
    30  imposed in subsection (a) shall be deposited by the secretary in
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     1  the Philadelphia Police Fund which is hereby created. The
     2  secretary shall transfer all moneys derived from the surcharge
     3  into the fund on or before the 15th day of each month for the
     4  revenue collected from the preceding month.
     5     (c)  Use of funds.--The funds deposited in the Philadelphia
     6  Police Fund shall be used by a city of the first class solely
     7  for hiring, paying and equipping, including computers and other
     8  technological equipment beneficial to police work, police
     9  officers and for establishing and promoting and equipping
    10  volunteer neighborhood crime watch organizations.
    11     (d)  Procedures.--The secretary may set up procedures to
    12  transfer money monthly from the Philadelphia Police Fund to a
    13  city of the first class, when the funds have been appropriated
    14  by the city council for expenditure for the purpose enumerated
    15  in subsection (c).
    16     Section 3.  This act shall take effect in 60 days.










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