§ 12-806 — Purpose. Powers.

Connecticut § 12-806

• Jurisdiction: Connecticut
• Title 12: Taxation
• Ch. 229a: Connecticut Lottery Corporation

Text

(a) The purposes of the corporation shall be to: (1) Operate and manage the lottery, and retail sports wagering, online sports wagering and fantasy contests if licensed pursuant to section 12-853, in an entrepreneurial and business-like manner free from the budgetary and other constraints that affect state agencies; (2) provide continuing and increased revenue to the people of the state through the lottery, and retail sports wagering, online sports wagering and fantasy contests if licensed pursuant to section 12-853, by being responsive to market forces and acting generally as a corporation engaged in entrepreneurial pursuits; (3) pay to the trustee of the Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve Fund, established in section 10-183vv, the amounts, if any, required pursuant to subsection (c) of section 12-812; and (4) ensure that the lottery, and retail sports wagering, online sports wagering and fantasy contests, if licensed pursuant to section 12-853, continue to be operated with integrity and for the public good. (b) The corporation shall have the following powers: (1) To receive as transferee from the state of Connecticut all of the tangible and intangible assets constituting the lottery including the exclusive right to operate the lottery as the exclusive lottery of the state and, subject to subsection (b) of section 12-808 , to assume and discharge all of the agreements, covenants and obligations of the Department of Consumer Protection entered into which constitute a part of the operation and management of the lottery; (2) To operate and manage the lottery consistent with the provisions of sections 1-120 , 1-121 , 1-125 , 12-563 , 12-563a , 12-564 , 12-566 , 12-568a and 12-569 , subsection (c) of section 12-574 , sections 12-800 to 12-818 , inclusive, and section 12-853 , and as specifically provided in section 12-812 ; (3) To have perpetual succession as a body corporate and to adopt bylaws, policies and procedures for the operation of its affairs and conduct of its businesses; (4) (A) To introduce new lottery games, modify existing lottery games, utilize existing and new technologies, determine distribution channels for the sale of lottery tickets, introduce keno pursuant to signed agreements with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut, in accordance with section 12-806c , or pursuant to section 12-853 , and, to the extent specifically authorized by regulations adopted by the Department of Consumer Protection pursuant to chapter 54, introduce instant ticket vending machines, kiosks and automated wagering systems or machines, with all such rights being subject to regulatory oversight by the Department of Consumer Protection; and (B) To sell tickets for lottery draw games through the corporation's Internet web site, online service or mobile application in accordance with section 12-853 and to advertise lottery games on the corporation's Internet web site, online service or mobile application, except the corporation shall not offer any interactive lottery game, including for promotional purposes; (5) To establish an annual budget of revenues and expenditures, along with reasonable reserves for working capital, capital expenditures, debt retirement and other anticipated expenditures, in a manner and at levels considered by the board of directors as appropriate and prudent; (6) To adopt such administrative and operating procedures which the board of directors deems appropriate; (7) To enter into agreements with one or more states or territories of the United States for the promotion and operation of joint lottery games and to continue to participate in any joint lottery game in which the corporation participates on July 1, 2003, regardless of whether any government-authorized lottery operated outside of the United States participates in such game; (8) Subject to the provisions of section 12-815 , to enter into agreements with vendors with respect to the operation and management of the lottery, and retail sports wagering, online sports wagering and fantasy contests if licensed pursuant to section 12-853 , including operation of lottery terminals, management services, printing of lottery tickets, management expertise, marketing expertise, advertising or such other goods or services as the board of directors deems necessary and appropriate; (9) To purchase or lease operating equipment, including, but not limited to, computer gaming and automated wagering systems and to employ agents or employees to operate such systems; (10) To retain unclaimed prize funds as additional revenue for the state, or to use unclaimed prize funds to increase sales, or to return to participants unclaimed prize funds in a manner designed to increase sales; (11) To establish prize reserve accounts as the board of directors deems appropriate; (12) To pay lottery prizes as awarded under section 12-812 , to purchase annuities to fund such prizes, and to assure that all annuities from which payments to winners of lottery prizes are made are invested in instruments issued by agencies of the United States government and backed by the full faith and credit of the United States, or are issued by insurance companies licensed to do business in the state, provided the issuer has been determined by the Department of Consumer Protection to be financially stable and meets the minimum investment rating as determined by the department; (13) To pay the Office of Policy and Management to reimburse the Department of Consumer Protection for the reasonable and necessary costs arising from the department's regulatory oversight of the operation of the lottery, retail sports wagering, online sports wagering and fantasy contests by the corporation, in accordance with the assessment made pursuant to section 12-806b , including costs arising directly or indirectly from the licensing of lottery agents, performance of state police background investigations, and the implementation of subsection (b) of section 12-562 and sections 12-563a , 12-568a , 12-569 , 12-570 , 12-570a , 12-800 to 12-818 , inclusive, and sections 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 ; (14) In the event that the operation or management of the corporation becomes subject to the federal gaming occupation tax, to pay such tax on behalf of lottery sales agents and to assist agents subject thereto; (15) To determine the commissions payable to lottery sales agents, provided any agent's commission shall not average less than four per cent of such agent's lottery sales; (16) To invest in, acquire, lease, purchase, own, manage, hold and dispose of real property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes of sections 12-563a , 12-800 to 12-818 , inclusive, and sections 12-853 and 12-854 , provided such transactions shall not be subject to approval, review or regulation pursuant to title 4b or any other statute by any state agency, except that real property transactions shall be subject to review by the State Properties Review Board; (17) To borrow money for the purpose of obtaining working capital; (18) To hold patents, copyrights, trademarks, marketing rights, licenses or any other evidence of protection or exclusivity issued under the laws of the United States or any state; (19) To employ such assistants, agents and other employees as may be necessary or desirable to carry out its purposes in accordance with sections 12-563a , 12-800 to 12-818 , inclusive, 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 , to fix their compensation and, subject to the provisions of subsections (e) and (f) of section 12-802 , establish all necessary and appropriate personnel practices and policies; to engage consultants, accountants, attorneys and financial and other independent professionals as may be necessary or desirable to assist the corporation in performing its purposes in accordance with sections 12-563a , 12-800 to 12-818 , inclusive, 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 ; (20) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under sections 12-563a , 12-800 to 12-818 , inclusive, 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 ; (21) In its own name, to sue and be sued, plead and be impleaded, adopt a seal and alter the same at pleasure; (22) Subject to the approval of the board and to the requirement to remit excess lottery funds to the General Fund as set forth in section 12-812 , to invest any funds not needed for immediate use or disbursement, including any funds held in approved reserve accounts, in investments permitted by sections 3-20 and 3-27a for the proceeds of state bonds; (23) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable; (24) To the extent permitted under any contract with other persons to which the corporation is a party, to consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind; (25) To acquire, lease, purchase, own, manage, hold and dispose of personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes; (26) To account for and audit funds of the corporation; (27) To pay or provide for payment from operating revenues all expenses, costs and obligations incurred by the corporation in the exercise of the powers of the corporation under sections 12-563a , 12-800 to 12-818 , inclusive, 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 ; (28) To operate retail sports wagering at up to fifteen facilities located throughout the state and one skin for online sports wagering, if licensed pursuant to section 12-853 ; (29) To operate fantasy contests, if licensed pursuant to section 12-853 ; and (30) To exercise any powers necessary to carry out the purposes of sections 12-563a , 12-800 to 12-818 , inclusive, 12-853 , 12-854 , 12-863 to 12-865 , inclusive, 12-867 and 12-868 .

Legislative History

(P.A. 96-212, S. 7, 32; P.A. 03-60, S. 3; 03-191, S. 1; P.A. 09-2, S. 23; P.A. 10-154, S. 1; P.A. 11-8, S. 2; 11-51, S. 182; 11-233, S. 10; P.A. 13-184, S. 85; 13-299, S. 89; P.A. 14-47, S. 53; P.A. 15-244, S. 104; P.A. 19-117, S. 84; P.A. 21-23, S. 29; June Sp. Sess. P.A. 21-2, S. 72; P.A. 23-204, S. 91.) History: P.A. 96-212 effective July 1, 1996; P.A. 03-60 amended Subsec. (b)(4) to provide that the corporation shall not offer any interactive on-line lottery games, including on-line video lottery games for promotional purposes; P.A. 03-191 amended Subsec. (b)(7) to allow corporation to enter into agreements with one or more territories of the United States for promotion and operation of joint lottery games and to continue to participate in any joint lottery game in which the corporation participates on July 1, 2003, regardless of whether any government-authorized lottery operated outside of the United States participates in such game, effective July 1, 2003; P.A. 09-2 amended Subsec. (b)(15) by revising agent's commission from 5% to 4%, effective April 1, 2009; P.A. 10-154 amended Subsec. (b)(13) to require corporation to pay Office of Policy and Management to reimburse Division of Special Revenue for its regulatory oversight of corporation, in accordance with assessment made pursuant to Sec. 12-806b, deleted provisions re planning and implementation costs, deleted provision re other affected state agencies, replaced “direct and indirect” with “and necessary” re costs and added implementation of specific statutory references to list of reimbursable costs, effective June 7, 2010; P.A. 11-8 made a technical change in Subsec. (b)(13), effective May 24, 2011; pursuant to P.A. 11-51, “Division of Special Revenue” and “division” were changed editorially by the Revisors to “Department of Consumer Protection” and “department”, respectively, effective July 1, 2011; P.A. 11-233 amended Subsec. (b)(2) by deleting reference to Sec. 12-567, effective July 1, 2011; P.A. 13-184 amended Subsec. (b)(4) to add provision re introduction of keno, effective June 18, 2013; P.A. 13-299 amended Subsec. (b)(2) to delete reference to Sec. 12-557e and replace reference to Sec. 12-574(d) with reference to Sec. 12-574(c), effective July 1, 2013; P.A. 14-47 amended Subsec. (b)(4) to delete provision re introduction of keno, effective May 29, 2014; P.A. 15-244 amended Subsec. (b)(4) to allow corporation to introduce keno, effective July 1, 2015; P.A. 19-117 amended Subsec. (a) to add new Subdiv. (3) re payments to Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve Fund and to redesignate existing Subdiv. (3) as Subdiv. (4), effective June 26, 2019; P.A. 21-23 amended Subsec. (a) by adding references to retail sports wagering, online sports wagering and fantasy contests in Subdiv. (1), (2) and (4) and amended Subsec. (b) by adding reference to Sec. 12-853 in Subdiv. (2), designating existing provision in Subdiv. (4) as Subpara. (A) and adding Subpara. (B) re selling tickets through Internet web site, online service or mobile application, adding reference to retail sports wagering, online sports wagering and fantasy contests in Subdiv. (8), adding reference re operation of lottery, retail sports wagering, online sports wagering and fantasy contests in Subdiv. (13), adding references to Secs. 12-853, 12-854, 12-863 to 12-865, 12-867 and 12-868 in Subdivs. (13), (19), (20) and (27) and redesignated Subdiv. (30), adding references to Secs. 12-853 and 12-854 in Subdiv. (16), adding new Subdiv. (28) re retail sports wagering, adding Subdiv. (29) re fantasy contests and redesignating existing Subdiv. (28) as Subdiv. (30), effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to add new Subdiv. (4) re transfer to debt-free community college account and redesignate existing Subdiv. (4) as Subdiv. (5), effective July 1, 2021; P.A. 23-204 amended Subsec. (a) by deleting former Subdiv. (4) re transfer to debt-free community college account and redesignating existing Subdiv. (5) as Subdiv. (4), effective July 1, 2023.