Lottery Bill 1

Adopted
AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED

TO
Senate Bill No. 2524
BY: Representative Clarke
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2
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AMEND by inserting the following new section after line 108 and
renumbering any succeeding sections:
SECTION 2.
As used in this act, the following words and
phrases have the meanings ascribed in this section unless the
context clearly indicates otherwise:
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7
(a)
Commission.
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9
"Commission" means the Mississippi Gaming
(b)
"Distributor" means any person authorized by the
Mississippi Gaming Commission to distribute lottery tickets to
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retailers.
A person possessing a gaming license issued under
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Chapter 76, Title 75, Mississippi Code of 1972, may be a
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distributor if located in a county in which legal gaming has been
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approved.
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(c)
"Lottery" means any activity approved by the
Mississippi Gaming Commission in which:
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(i)
The player or players pay or agree to pay
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something of value for chances, represented and differentiated by
18
tickets, slips of paper or other physical and tangible
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documentation upon which appear numbers, symbols, characters or
20
other distinctive marks used to identify and designate the winner
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or winners;
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(ii)
The winning chance or chances are to be
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determined by a drawing or similar selection method based
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predominately upon the element of chance or random selection
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rather than upon the skill or judgment of the player or players;
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(iii)
The holder or holders of the winning chance
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or chances are to receive a prize or something of valuable
28
consideration; and
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(iv)
The activity is conducted and participated in
30
without regard to geographical location, with the player or
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players not being required to be present upon any particular
32
premises or at any particular location in order to participate or
33
to win.
34
(d)
"Person" means any association, corporation, firm,
35
partnership, trust or other form of business association as well
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as a natural person.
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(e)
"Retailer" means any person authorized by the
Mississippi Gaming Commission to sell lottery tickets to the

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public.
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76, Title 75, Mississippi Code of 1972, may be a retailer if
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located in a county in which legal gaming has been approved.
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A person possessing a gaming license issued under Chapter
SECTION 3.
(1)
There is created a state lottery to be known
43
as the "Mississippi Lottery for Education," to be administered by
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the Mississippi Gaming Commission.
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(a)
The commission shall:
Prescribe the method and form of application which
46
an applicant for a distributor's license or retailer's license, or
47
both, must follow and complete before consideration of his
48
application by the commission;
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50
(b)
Prescribe guidelines for the review of applications
for licenses and the approval or disapproval of such applications;
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(c)
Require an applicant to pay all or any part of the
52
fees and costs of investigation of such applicant as may be
53
determined by the commission, except that no applicant for an
54
initial license shall be required to pay any part of the fees or
55
costs of the investigation of the applicant with regard to the
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initial license;
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(d)
payment of fees and issuance of licenses;
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(e)
Prescribe conditions under which a licensee may be
subject to revocation or suspension of his license;
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Prescribe the manner and method of collection and
(f)
Prescribe guidelines regarding the conduct of
specific lottery games including, but not limited to:
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(i)
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The types of games to be conducted;

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(ii)
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(iii)
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(iv)
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The sale price of tickets;

The number and amount of prizes;
The method and location of selecting or
validating winning tickets;
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(v)
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which must be open to the public;
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(vi)
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(vii)
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(viii)
73
The manner of payment of prizes;

The frequency of games and drawings; and
Any other matters necessary or desirable
for the efficient and effective operation of lottery games;
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The frequency and means of conducting drawings
(g)
Enter into contracts with distributors for the
distribution of lottery tickets to retailers; and
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(h)
Take any action necessary for the implementation
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and administration of this section and promulgate rules and
78
regulations necessary for its implementation and administration.
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(2)
No ticket may be sold knowingly to any person under the
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age of eighteen (18) years, but this subsection (2) does not
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prohibit the purchase of a ticket by a person eighteen (18) years
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of age or older for the purpose of making a gift to any person of
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any age.
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adult member of the person's family or the legal guardian of the
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person on behalf of such person.
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(3)
In such case, the commission shall direct payment to an
The proceeds received from the actual sale of lottery
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tickets, less a reasonable percentage in an amount as determined
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by the commission up to a maximum amount of one-half of one

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percent (0.5%) to be retained by a retailer selling a ticket, must
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be remitted to the commission on a monthly basis.
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shall deposit the proceeds into the State Treasury on the day
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collected.
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the total proceeds collected from the sale of lottery tickets to
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the State Treasurer, who shall distribute such collections as
95
follows:
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The commission
At the end of each month, the commission shall certify
(a)
As nearly as practicable, forty-five percent (45%)
97
of the proceeds collected during the preceding month from the sale
98
of lottery tickets in the state must be allocated as prize money,
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to be distributed by the commission, provided that this provision
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does not create any lien, entitlement, cause of action, or other
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private right, and any rights of holders of lottery tickets shall
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be determined by the commission in administering the lottery;
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(b)
A reasonable percentage, in an amount as determined
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by the commission up to a maximum amount of one-half of one
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percent (0.5%), of the proceeds collected during the preceding
106
month from the sale of lottery tickets in the state, must be
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allocated for distribution to the commission and paid to the
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commission to defray the costs of administering the provisions of
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this section;
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(c)
Four percent (4%) of the proceeds collected during
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the preceding month from the sale of lottery tickets within a
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county must be allocated for distribution to that county and paid
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to that county.
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(d)
The remainder of the proceeds collected during the
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preceding month from the sale of lottery tickets in the state must
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be deposited into the Mississippi Hope Scholarship Trust Fund
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created in Section 3 of this act.
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SECTION 4.
(1)
There is created in the State Treasury a
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special fund to be designated as the "Mississippi Hope Scholarship
120
Trust Fund," into which must be deposited the funds as provided in
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Section 2(3)(d) of this act.
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earned on amounts in the fund must be deposited to the credit of
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the fund.
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year may not lapse into the State General Fund.
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All investment earnings or interest
Amounts remaining in the fund at the end of a fiscal
The trust fund must remain inviolate and may not be expended,
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except as provided in this section.
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and in each subsequent fiscal year, the Legislature may
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appropriate from the trust fund an amount not greater than the
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aggregate investment earnings and interest earned during the
130
preceding fiscal year on amounts in the fund.
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will be for the exclusive purpose of providing funds for the
132
purposes described in subsection (2) of this section, but may not
133
be considered to be the only source for providing funds for those
134
purposes.
135
(2)
Beginning in fiscal year 2017
This appropriation
The special fund will be administered by the Mississippi
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Postsecondary Education Financial Assistance Board established
137
under Section 37-106-9.
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institution" means any state institution of higher learning or

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For purposes of this section, "eligible
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public community or junior college or any regionally accredited,
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state-approved, nonprofit four-year or two-year college or
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university located in the State of Mississippi, as listed in
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Section 37-106-29(4).
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serve as the deadline for applying for a scholarship award under
144
subsections (2) through (5) of this section.
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award Hope scholarships to each Mississippi student who enrolls as
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a student for the first time at an eligible institution in
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Mississippi, and who:
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(a)
(i)
The board shall set the date that will
The board shall
Has earned, after seven (7) semester hours, a
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minimum cumulative grade point average of 3.0 calculated on a 4.0
150
scale in high school subjects acceptable for credit toward a
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diploma, as certified by the high school principal or other
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authorized school official on the application;
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(ii)
Has completed a home study program meeting
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state law requirements in lieu of graduating from high school, and
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has earned a cumulative grade point average of 3.0 in an eligible
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institution as described in this subsection (2) at the end of the
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student's first quarter, trimester or semester, at which time the
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student will be eligible to receive a retroactive Hope
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scholarship; or
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(iii)
Has received the general educational
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development (GED) diploma awarded by the Mississippi Department of
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Education, and has earned a cumulative grade point average of 3.0
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in an eligible institution as described in this subsection (2) at

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the end of the student's first quarter, trimester or semester, at
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which time the student will be eligible to receive a retroactive
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Hope scholarship;
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(b)
Is enrolled, on a full-time basis, at an eligible
institution;
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(c)
Is a resident of the State of Mississippi and a
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United States citizen;
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(d)
Has complied with the United States Selective
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Service System requirements for registration, if such requirements
173
are applicable to the student;
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(e)
Is not in default on a federal or state educational
175
loan, or does not owe a refund on a federal student financial aid
176
program or a state student financial aid program;
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178
(f)
involving marijuana or a controlled substance; and
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Has not been convicted of a felony offense
(g)
(3)
Is not incarcerated.
The annual scholarship award to a student will be the
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total cost of the student's tuition for the calendar year,
182
excluding nontuition fees and costs of books and other supplies.
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Payment of the award must be made payable to the recipient and the
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educational institution and mailed directly to the institution.
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(4)
A recipient shall maintain the equivalent of a 3.0
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cumulative grade point average on a 4.0 scale, on at least twelve
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(12) hours per quarter, trimester or semester in order to be
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eligible for a continuation of the award.

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No student may receive
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an award for more than the equivalent quarters, trimesters or
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semesters required to complete one (1) degree per institution.
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The award may be renewed annually upon certification of
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eligibility by an eligible institution that the recipient meets
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the necessary qualifications.
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(1) eligible college to another, his award will be transferred
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provided he is eligible for the award.
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maintain continuous enrollment, he is ineligible to receive the
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award during the following quarter, trimester or semester of the
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regular academic year.
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(5)
If any recipient transfers from one
If a student fails to
The board may conduct annual audits of any college
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participating in the program described in subsections (2) through
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(5) of this section.
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institution's eligibility to receive future monies under the
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program if it finds that the institution has not complied with the
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provisions of subsections (2) through (5) of this section.
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SECTION 5.
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amended as follows:
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37-106-5.
The board may suspend or revoke an
Section 37-106-5, Mississippi Code of 1972, is
(1)
For purposes of this chapter, the following
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words shall be defined as follows unless the context requires
209
otherwise:
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(a)
"Eligible applicant or eligible student" means an
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individual who completes an application by the published
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application deadline for a given student financial assistance
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program, meets all initial or continuing eligibility requirements

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for the program and enrolls in an approved institution for the
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given program.
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(b)
"Approved institution" means an institution of
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higher learning, public or private, which is accredited by the
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Southern Association of Colleges and Secondary Schools, or its
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equivalent or a business, vocational, technical or other
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specialized school recognized and approved by the Postsecondary
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Education Financial Assistance Board.
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(c)
"Board" means the Postsecondary Education Financial
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Assistance Board created by Section 37-106-9 authorized and
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empowered to administer the provisions of this chapter.
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(d)
"Financial need" means anticipated expenses of an
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eligible student while attending an approved institution which
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cannot reasonably be met by said student or by the parents thereof
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as shall be determined according to the criteria established by
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the rules and regulations of the board.
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reevaluated and redetermined at least annually.
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(e)
"Agency" means the Board of Trustees of State
Institutions of Higher Learning.
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Financial need shall be
(f)
"Renewal applicant or renewal student" means a
student who previously received funding for a given program.
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(g)
"Resident," "resident status" or "residency" shall
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be defined and determined in the same manner as resident status
237
for tuition purposes as set forth in Sections 37-103-1 through
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37-103-29, with the exception of Section 37-103-17.

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Unless
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excepted by the rules of a given program, an applicant must be a
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Mississippi resident to qualify for financial assistance under
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this chapter.
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(h)
"Dependent" shall be defined and used in the same
243
manner as the term "minor" in Sections 37-103-1 through 37-103-29.
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The board will follow the federal guidelines for classifying a
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student as "dependent" or "independent."
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(i)
"Fund" means the Mississippi Hope Scholarship Trust
Fund created in Section 3 of this act.
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SECTION 6.
249
amended as follows:
250
67-1-71.
The department may revoke or suspend any permit
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issued by it for a violation by the permittee of any of the
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provisions of this chapter or of the regulations promulgated under
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it by the department.
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255
Permits must be revoked or suspended for the following

causes:
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257
(a)
Conviction of the permittee for the violation of
any of the provisions of this chapter;
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(b)
Willful failure or refusal by any permittee to
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comply with any of the provisions of this chapter or of any rule
260
or regulation adopted pursuant thereto;
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(c)
The making of any materially false statement in any
application for a permit;
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(d)
Conviction of one or more of the clerks, agents or
264
employees of the permittee, of any violation of this chapter upon
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the premises covered by such permit within a period of time as
266
designated by the rules or regulations of the department;
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(e)
The possession on the premises of any retail
268
permittee of any alcoholic beverages upon which the tax has not
269
been paid;
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(f)
The willful failure of any permittee to keep the
271
records or make the reports required by this chapter, or to allow
272
an inspection of such records by any duly authorized person;
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(g)
The suspension or revocation of a permit issued to
274
the permittee by the federal government, or conviction of
275
violating any federal law relating to alcoholic beverages;
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(h)
The failure to furnish any bond required by Section
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27-71-21 within fifteen (15) days after notice from the
278
department; and
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(i)
The conducting of any form of illegal gambling on
280
the premises of any permittee or on any premises connected
281
therewith or the presence on any such premises of any gambling
282
device with the knowledge of the permittee.
283
The provisions of this paragraph (i) of this section shall
284
not apply to * * *:
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having a gaming license issued under Chapter 76, Title 75,
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Mississippi Code of 1972, or the operation of the lottery
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authorized by Section 2 of this act.

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the conducting of legal gaming by a person
The department may, in its
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discretion, issue on-premises retailer's permits to a common
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carrier of the nature described in this paragraph.
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No permit shall be suspended or revoked until after the
291
permittee has been provided reasonable notice of the charges
292
against him for which suspension or revocation is sought and the
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opportunity to a hearing before the Board of Tax Appeals to
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contest such charges and the suspension or revocation proposed.
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Opportunity to a hearing is provided without an actual hearing if
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the permittee, after receiving reasonable notice, including notice
297
of his right to a hearing, fails to timely request a hearing.
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permittee may also at any time waive his rights to reasonable
299
notice and/or to the opportunity to a hearing by agreeing to a
300
suspension or revocation offered by the department.
301
Notwithstanding the requirement above that a permit may not be
302
suspended without notice and opportunity to a hearing, sales of
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alcoholic beverages by a permittee under a permit for which the
304
bond under Section 27-71-21 has been cancelled shall be suspended
305
from and after issuance of the notice provided in subsection (h)
306
above and shall continue to be suspended until the bond is
307
reinstated, a new bond is posted or sufficient cash or securities
308
as provided under Section 27-71-21 are deposited with the State
309
Treasurer for this permit.
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The
In addition to the causes specified in this section and other
311
provisions of this chapter, the department shall be authorized to
312
suspend the permit of any permit holder for being out of

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compliance with an order for support, as defined in Section
314
93-11-153.
315
of compliance with an order for support, and the procedure for the
316
reissuance or reinstatement of a permit suspended for that
317
purpose, and the payment of any fees for the reissuance or
318
reinstatement of a permit suspended for that purpose, shall be
319
governed by Section 93-11-157 or 93-11-163, as the case may be.
320
If there is any conflict between any provision of Section
321
93-11-157 or 93-11-163 and any provision of this chapter, the
322
provisions of Section 93-11-157 or 93-11-163, as the case may be,
323
shall control.
The procedure for suspension of a permit for being out
324
SECTION 7.
325
amended as follows:
326
75-76-3.
(1)
The provisions of this chapter shall not be
327
construed to legalize any form of gaming which is prohibited under
328
the Mississippi Constitution or the laws of this state.
329
gaming which is conducted in this state and which is otherwise
330
authorized by law shall be regulated and licensed pursuant to the
331
provisions of this chapter, unless the Legislature specifically
332
provides otherwise.
333
encouraging the legalization of gambling in this state.
334
(2)
All legal
Nothing in this chapter shall be construed as
The Legislature hereby finds and declares that lotteries
335
and gaming both consist of the material element of chance.
336
Legislature is * * * permitted by virtue of its inherent powers to
337
legislate upon lotteries and gaming as the occasion arises.

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The
The
338
Legislature derives its power to legislate upon lotteries and
339
gaming or gambling devices from its inherent authority over the
340
morals and policy of the people * * *.
341
342
(3)
The Legislature hereby finds, and declares it to be the
public policy of this state, that:
343
(a)
Regulation of licensed lotteries and gaming is
344
important in order that * * * those activities are conducted
345
honestly and competitively, that the rights of the creditors of
346
licensees are protected and that * * * those activities are free
347
from criminal and corruptive elements.
348
(b)
Public confidence and trust can only be maintained
349
by strict regulation of all persons, locations, practices,
350
associations and activities related to the operation of lotteries
351
and licensed gaming establishments and the manufacture or
352
distribution of gambling devices and equipment.
353
(c)
All establishments where lotteries or gaming * * *,
354
or both,_are conducted and * * * manufacturers, sellers and
355
distributors of certain * * * lottery and gaming devices and
356
equipment must therefore be licensed, controlled and assisted to
357
protect the public health, safety, morals, good order and general
358
welfare of the inhabitants of the state.
359
(4)
It is the intent of the Legislature that gaming
360
licensees and any entity authorized to conduct a lottery, to the
361
extent practicable, shall employ residents of Mississippi as * * *
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employees * * * in the operation of their * * * establishments
363
located in this state.
364
(5)
No applicant for a license or other affirmative
365
commission approval has any right to a license or the granting of
366
the approval sought.
367
approval granted pursuant to the provisions of this chapter is a
368
revocable privilege, and no holder acquires any vested right
369
therein or thereunder.
370
* * *
371
SECTION 8.
372
amended as follows:
373
374
Any license issued or other commission
75-76-5.
As used in this chapter, unless the context
requires otherwise:
375
(a)
"Applicant" means any person who has applied for or
376
is about to apply for a state gaming license, registration or
377
finding of suitability under the provisions of this chapter or
378
approval of any act or transaction for which approval is required
379
or permitted under the provisions of this chapter.
380
(b)
"Application" means a request for the issuance of a
381
state gaming license, registration or finding of suitability under
382
the provisions of this chapter or for approval of any act or
383
transaction for which approval is required or permitted under the
384
provisions of this chapter but does not include any supplemental
385
forms or information that may be required with the application.
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(c)
"Associated equipment" means any equipment or
387
mechanical, electromechanical or electronic contrivance, component
388
or machine used remotely or directly in connection with gaming or
389
with any game, race book or sports pool that would not otherwise
390
be classified as a gaming device, including dice, playing cards,
391
links which connect to progressive slot machines, equipment which
392
affects the proper reporting of gross revenue, computerized
393
systems of betting at a race book or sports pool, computerized
394
systems for monitoring slot machines, and devices for weighing or
395
counting money.
396
(d)
"Chairman" means the Chairman of the Mississippi
397
Gaming Commission except when used in the term "Chairman of the
398
State Tax Commission."
399
"commissioner" means the Commissioner of Revenue of the Department
400
of Revenue.
401
402
(e)
"Commission" or "Mississippi Gaming Commission"
means the Mississippi Gaming Commission.
403
404
"Chairman of the State Tax Commission" or
(f)
"Commission member" means a member of the
Mississippi Gaming Commission.
405
(g)
"Credit instrument" means a writing which evidences
406
a gaming debt owed to a person who holds a license at the time the
407
debt is created, and includes any writing taken in consolidation,
408
redemption or payment of a prior credit instrument.
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(h)
"Enforcement division" means a particular division
410
supervised by the executive director that provides enforcement
411
functions.
412
413
(i)
whereon any gaming is done.
414
415
"Establishment" means any premises wherein or
(j)
"Executive director" means the Executive Director
of the Mississippi Gaming Commission.
416
(k)
Except as otherwise provided by law, "game," or
417
"gambling game" means any banking or percentage game played with
418
cards, with dice or with any mechanical, electromechanical or
419
electronic device or machine for money, property, checks, credit
420
or any representative of value, including, without limiting, the
421
generality of the foregoing, faro, monte, roulette, keno, fan-tan,
422
twenty-one, blackjack, seven-and-a-half, big injun, klondike,
423
craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de
424
fer, baccarat, pai gow, beat the banker, panguingui, slot machine,
425
or any other game or device approved by the commission.
426
"game" or "gambling game" shall not include bingo games or raffles
427
which are held pursuant to the provisions of Section 97-33-51, or
428
the illegal gambling activities described in Section 97-33-8, or
429
the lottery authorized by Section 2 of this act.
430
However,
The commission shall not be required to recognize any game
431
hereunder with respect to which the commission determines it does
432
not have sufficient experience or expertise.
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(l)
"Gaming" or "gambling" means to deal, operate,
434
carry on, conduct, maintain or expose for play any game as defined
435
in this chapter.
436
(m)
"Gaming device" means any mechanical,
437
electromechanical or electronic contrivance, component or machine
438
used in connection with gaming or any game which affects the
439
result of a wager by determining win or loss.
440
system for processing information which can alter the normal
441
criteria of random selection, which affects the operation of any
442
game, or which determines the outcome of a game.
443
not include a system or device which affects a game solely by
444
stopping its operation so that the outcome remains undetermined,
445
and does not include any antique coin machine as defined in
446
Section 27-27-12.
447
(n)
The term includes a
The term does
"Gaming employee" means any person connected
448
directly with the operation of a gaming establishment licensed to
449
conduct any game, including:
450
(i)
451
(ii)
452
(iii)
453
(iv)
454
(v)
455
(vi)
456
(vii)
457
Boxmen;
Cashiers;
Change personnel;
Counting room personnel;
Dealers;
Floormen;
Hosts or other persons empowered to extend
credit or complimentary services;

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458
(viii)
459
(ix)
460
(x)
461
(xi)
462
(xii)
463
(xiii)
464
(xiv)
465
(xv)
466
Keno runners;
Keno writers;
Machine mechanics;
Security personnel;
Shift or pit bosses;
Shills;
Supervisors or managers; and
Ticket writers.
The term "gaming employee" also includes employees of
467
manufacturers or distributors of gaming equipment within this
468
state whose duties are directly involved with the manufacture,
469
repair or distribution of gaming equipment.
470
"Gaming employee" does not include bartenders, cocktail
471
waitresses or other persons engaged in preparing or serving food
472
or beverages unless acting in some other capacity.
473
(o)
"Gaming license" means any license issued by the
474
state which authorizes the person named therein to engage in
475
gaming.
476
(p)
"Gross revenue" means the total of all of the
477
following, less the total of all cash paid out as losses to
478
patrons and those amounts paid to purchase annuities to fund
479
losses paid to patrons over several years by independent financial
480
institutions:
481
(i)
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(CAA/JAB)
Cash received as winnings;
*HR31/SB2524A.1J*
482
483
(ii)
by a licensee to a patron for purposes of gaming; and
484
485
486
Cash received in payment for credit extended
(iii)
Compensation received for conducting any
game in which the licensee is not party to a wager.

For the purposes of this definition, cash or the value of
487
noncash prizes awarded to patrons in a contest or tournament are
488
not losses.
489
The term does not include:
490
(i)
491
(ii)
492
(iii)
Cash taken in fraudulent acts perpetrated
against a licensee for which the licensee is not reimbursed; or
495
496
Coins of other countries which are received
in gaming devices;
493
494
Counterfeit money or tokens;
(iv)
Cash received as entry fees for contests or
tournaments in which the patrons compete for prizes.
497
(q)
"Hearing examiner" means a member of the
498
Mississippi Gaming Commission or other person authorized by the
499
commission to conduct hearings.
500
(r)
"Investigation division" means a particular
501
division supervised by the executive director that provides
502
investigative functions.
503
504
(s)
manufacturer's, seller's or distributor's license.
505
506
"License" means a gaming license or a
(t)
"Licensee" means any person to whom a valid license
has been issued.

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507
(u)
"License fees" means monies required by law to be
508
paid to obtain or continue a gaming license or a manufacturer's,
509
seller's or distributor's license.
510
(v)
"Licensed gaming establishment" means any premises
511
licensed pursuant to the provisions of this chapter wherein or
512
whereon gaming is done.
513
(w)
514
license means a license issued pursuant to Section 75-76-79.
515
516
"Manufacturer's," "seller's" or "distributor's"
(x)
"Navigable waters" shall have the meaning ascribed
to such term under Section 27-109-1.
517
(y)
"Operation" means the conduct of gaming.
518
(z)
"Party" means the Mississippi Gaming Commission and
519
any licensee or other person appearing of record in any proceeding
520
before the commission; or the Mississippi Gaming Commission and
521
any licensee or other person appearing of record in any proceeding
522
for judicial review of any action, decision or order of the
523
commission.
524
(aa)
"Person" includes any association, corporation,
525
firm, partnership, trust or other form of business association as
526
well as a natural person.
527
(bb)
"Premises" means land, together with all
528
buildings, improvements and personal property located thereon, and
529
includes all parts of any vessel or cruise vessel.
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*HR31/SB2524A.1J*
530
(cc)
"Race book" means the business of accepting wagers
531
upon the outcome of any event held at a track which uses the
532
pari-mutuel system of wagering.
533
(dd)
"Regulation" means a rule, standard, directive or
534
statement of general applicability which effectuates law or policy
535
or which describes the procedure or requirements for practicing
536
before the commission.
537
and the amendment or repeal of a prior regulation but does not
538
include:
539
(i)
The term includes a proposed regulation
A statement concerning only the internal
540
management of the commission and not affecting the rights or
541
procedures available to any licensee or other person;
542
(ii)
543
(iii)
544
(iv)
545
(v)
The commission's decision in a contested case
Any notice concerning the fees to be charged
which are necessary for the administration of this chapter.
548
549
An interagency memorandum;
or relating to an application for a license; or
546
547
A declaratory ruling;
(ee)
"Respondent" means any licensee or other person
against whom a complaint has been filed with the commission.
550
(ff)
"Slot machine" means any mechanical, electrical or
551
other device, contrivance or machine which, upon insertion of a
552
coin, token or similar object, or upon payment of any
553
consideration, is available to play or operate, the play or
554
operation of which, whether by reason of the skill of the operator

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(CAA/JAB)
*HR31/SB2524A.1J*
555
or application of the element of chance, or both, may deliver or
556
entitle the person playing or operating the machine to receive
557
cash, premiums, merchandise, tokens or anything of value, whether
558
the payoff is made automatically from the machine or in any other
559
manner.
560
defined in Section 27-27-12.
561
The term does not include any antique coin machine as
(gg)
"Sports pool" means the business of accepting
562
wagers on sporting events, except for athletic events, by any
563
system or method of wagering other than the system known as the
564
"pari-mutuel method of wagering."
565
566
(hh)
"State Tax Commission" or "department" means the
Department of Revenue of the State of Mississippi.
567
(ii)
"Temporary work permit" means a work permit which
568
is valid only for a period not to exceed ninety (90) days from its
569
date of issue and which is not renewable.
570
571
(jj)
"Vessel" or "cruise vessel" shall have the
meanings ascribed to such terms under Section 27-109-1.
572
(kk)
"Work permit" means any card, certificate or
573
permit issued by the commission, whether denominated as a work
574
permit, registration card or otherwise, authorizing the employment
575
of the holder as a gaming employee.
576
governmental authority for any employment other than gaming is not
577
a valid work permit for the purposes of this chapter.
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(CAA/JAB)
A document issued by any
*HR31/SB2524A.1J*
578
(ll)
"School or training institution" means any school
579
or training institution which is licensed by the commission to
580
teach or train gaming employees pursuant to Section 75-76-34.
581
582
(mm)
"Cheat" means to alter the selection of criteria
that determine:
583
(i)
584
(ii)
585
(nn)
The rules of a game; or

The amount or frequency of payment in a game.
"Promotional activity" means an activity or event
586
conducted or held for the purpose of promoting or marketing the
587
individual licensed gaming establishment that is engaging in the
588
promotional activity.
589
game of any kind other than as defined in paragraph (k) of this
590
section, a tournament, a contest, a drawing, or a promotion of any
591
kind.
592
SECTION 9.
593
amended as follows:
594
97-33-9.
The term includes, but is not limited to, a
Except as otherwise provided in Section 97-33-8, if
595
any person shall be guilty of keeping or exhibiting any illegal
596
game or gaming table commonly called A.B.C. or E.O. roulette or
597
rowley-powley, or rouge et noir, roredo, keno, monte, or any
598
faro-bank, or other game, gaming table, or bank of the same or
599
like kind or any other kind or description under any other name
600
whatever, or shall be in any manner either directly or indirectly
601
interested or concerned in any gaming tables, banks, or games,
602
either by furnishing money or articles for the purpose of carrying

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*HR31/SB2524A.1J*
603
on the same, being interested in the loss or gain of said table,
604
bank or games, or employed in any manner in conducting, carrying
605
on, or exhibiting said gaming tables, games, or banks, every
606
person so offending and being thereof convicted, shall be fined
607
not less than Twenty-five Dollars ($25.00) nor more than Two
608
Thousand Dollars ($2,000.00), or be imprisoned in the county jail
609
not longer than two (2) months, or by both such fine and
610
imprisonment, in the discretion of the court.
611
section shall apply to any person who owns, possesses, controls,
612
installs, procures, repairs or transports any legal gaming or
613
gambling device, machine or equipment in accordance with
614
subsection (4) of Section 97-33-7 or Section 75-76-34 or to the
615
operation of the lottery authorized by Section 2 of this act.
616
SECTION 10.
Nothing in this
617
amended as follows:
618
97-33-11.
It shall not be lawful for any association of
619
persons of the character commonly known as a "club," whether such
620
association be incorporated or not, in any manner, either directly
621
or indirectly, to have any interest or concern in any gambling
622
tables, banks, or games, by means of what is sometimes called a
623
"rake-off" or "take-out," or by means of an assessment upon
624
certain combinations, or hands at cards, or by means of a
625
percentage extracted from players, or an assessment made upon, or
626
a contribution from them, or by any other means, device or
627
contrivance whatsoever.
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(CAA/JAB)
It shall not be lawful for such an

*HR31/SB2524A.1J*
628
association to lend or advance money or any other valuable thing
629
to any person engaged or about to engage in playing any game of
630
chance prohibited by law, or to become responsible directly or
631
indirectly for any money or other valuable thing lost, or which
632
may be lost, by any player in any such game.
633
association shall violate any of the provisions of this section
634
each and every member thereof shall be guilty of a misdemeanor
635
and, upon conviction thereof, shall be fined in a sum not more
636
than Five Hundred Dollars ($500.00); and unless such fine and
637
costs be immediately paid, shall be imprisoned in the county jail
638
for not less than five (5) nor more than twenty (20) days.
639
grand jury shall cause such of the members of such an association
640
as it may choose to appear before them and submit to examination
641
touching the observance or nonobservance by such association of
642
the provisions hereof.
643
644
645
If any such
Each
The provisions of this section do not apply to the operation

of the lottery authorized by Section 2 of this act.
SECTION 11.
646
amended as follows:
647
97-33-13.
Any owner, lessee, or occupant of any outhouse or
648
other building, who shall knowingly permit or suffer any of the
649
before mentioned tables, banks, or games, or any other game
650
prohibited by law, to be carried on, kept, or exhibited in his
651
said house or other building, or on his lot or premises, being
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*HR31/SB2524A.1J*
652
thereof convicted, shall be fined not less than One Hundred
653
Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00).
654
655
656

SECTION 12.
657
amended as follows:
658
97-33-21.
Any person of full age who shall bet any money or
659
thing of any value with a minor, or allow a minor to bet at any
660
game or gaming-table exhibited by him, or in which he is
661
interested or in any manner concerned, on conviction thereof,
662
shall be fined not less than Three Hundred Dollars ($300.00) and
663
imprisoned not less than three (3) months.
664
The provisions of this section do not apply to a minor who
665
receives as a gift a ticket associated with the lottery authorized
666
by Section 2 of this act when the ticket has been purchased by a
667
person who is eighteen (18) years of age or older.
668
SECTION 13.
669
amended as follows:
670
97-33-23.
Any person of full age who shall bet any money or
671
thing of value with a minor, knowing such minor to be under the
672
age of twenty-one (21) years, or allowing any such minor to bet at
673
any game or games, or at any gaming table exhibited by him, or in
674
which he is interested or in any manner concerned, on conviction
675
thereof, shall be punished by imprisonment in the Penitentiary not
676
exceeding two (2) years.

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*HR31/SB2524A.1J*
677
The provisions of this section do not apply to a minor who
678
receives as a gift a ticket associated with the lottery authorized
679
by Section 2 of this act when the ticket has been purchased by a
680
person who is eighteen (18) years of age or older.
681
SECTION 14.
682
amended as follows:
683
97-33-31.
If any person, in order to raise money for himself
684
or another, or for any purpose whatever, shall publicly or
685
privately put up a lottery to be drawn or adventured for, he
686
shall, on conviction, be imprisoned in the Penitentiary not
687
exceeding five (5) years.
688
689
690

SECTION 15.
691
amended as follows:
692
97-33-33.
If any person shall in any way advertise any
693
lottery whatever, no matter where located, or shall knowingly have
694
in his possession any posters or other lottery advertisements of
695
any kind * * *, save a regularly issued newspaper containing such
696
an advertisement without intent to circulate the same as an
697
advertisement * * *, he shall, on conviction, be fined not less
698
than Twenty-five Dollars ($25.00) nor more than One Hundred
699
Dollars ($100.00), or be imprisoned in the county jail not
700
exceeding three (3) months, or both.
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(CAA/JAB)
*HR31/SB2524A.1J*
701
702
703

SECTION 16.
704
amended as follows:
705
97-33-35.
If any newspaper published or circulated in this
706
state shall contain an advertisement of any lottery whatever, or
707
any matter intended to advertise a lottery, no matter where
708
located, the editor or editors, publisher or publishers, and the
709
owner or owners thereof permitting the same, shall be guilty of a
710
misdemeanor and, on conviction, shall be fined not less than One
711
Hundred Dollars ($100.00) nor more than One Thousand Dollars
712
($1,000.00), and be imprisoned in the county jail not less than
713
ten (10) days nor more than three (3) months, for each offense.
714
The issuance of each separate daily or weekly edition of the
715
newspaper that shall contain such an advertisement shall be
716
considered a separate offense.
717
718
719

SECTION 17.
720
amended as follows:
721
97-33-37.
If any newsdealer or other person shall, directly
722
or indirectly, sell or offer for sale any newspaper or other
723
publication containing a lottery advertisement, he shall be guilty
724
of a misdemeanor and, upon conviction, shall be fined not less
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(CAA/JAB)
*HR31/SB2524A.1J*
725
than Ten Dollars ($10.00) or imprisoned not less than ten (10)
726
days, or both.
727
728
729

SECTION 18.
730
amended as follows:
731
97-33-39.
If any person shall sell, or offer or expose for
732
sale, any lottery ticket, whether the lottery be in or out of this
733
state, or for or in any other state, territory, district, or
734
country, he shall, on conviction, be fined not less than
735
Twenty-five Dollars ($25.00) nor more than One Hundred Dollars
736
($100.00), or imprisoned in the county jail not less than ten (10)
737
days nor more than sixty (60) days, or both.
738
739
740

SECTION 19.
741
amended as follows:
742
97-33-41.
If any person shall buy in this state any lottery
743
ticket, whether the lottery be in or out of this state, or of or
744
in any other state, territory, district, or country, he shall, on
745
conviction, be fined not less than Five Dollars ($5.00) nor more
746
than Twenty-five Dollars ($25.00), or be imprisoned in the county
747
jail not exceeding ten (10) days, or both.
748
749

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*HR31/SB2524A.1J*
750
SECTION 20.
751
amended as follows:
752
97-33-43.
If any railroad company shall suffer or permit the
753
sale of a lottery ticket of any kind on its cars, or at its depots
754
or depot grounds, or by its employees, no matter where the lottery
755
is located, it shall be guilty of a misdemeanor and, on
756
conviction, shall be fined not less than Twenty Dollars ($20.00)
757
nor more than One Hundred Dollars ($100.00) for every such ticket
758
so sold.
759
760
761

SECTION 21.
762
amended as follows:
763
97-33-45.
If the owner or owners of any steamboat shall
764
suffer or permit the sale of a lottery ticket of any kind on his
765
or their boat, or by his or their employees, no matter where the
766
lottery is located, he or they shall be guilty of a misdemeanor
767
and shall, on conviction, be punished as prescribed in Section
768
97-33-43.
769
770
771

SECTION 22.
772
amended as follows:
773
97-33-47.
774
If any person shall act as agent for any lottery
or lottery company, no matter where domiciled or located, or if he

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(CAA/JAB)
*HR31/SB2524A.1J*
775
shall assume to so act as agent, or if he receive any money or
776
other thing for any such lottery or lottery company, or deliver to
777
any person any ticket or tickets, prize or prizes, or other thing
778
from such lottery or lottery company, he shall, on conviction, be
779
fined not less than One Hundred Dollars ($100.00), nor more than
780
Five Hundred Dollars ($500.00), and be imprisoned in the county
781
jail not less than three (3) months nor more than six (6) months.
782
783
784

SECTION 23.
785
amended as follows:
786
97-33-49.
Except as otherwise provided in Section 97-33-51,
787
if any person, in order to raise money for himself or another,
788
shall publicly or privately put up or in any way offer any prize
789
or thing to be raffled or played for, he shall, on conviction, be
790
fined not more than Twenty Dollars ($20.00), or be imprisoned not
791
more than one (1) month in the county jail.
792
793
794
AMEND title to conform
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*HR31/SB2524A.1J*

Lottery Bill 1

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Adopted

AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED

Senate Bill No. 2524

BY: Representative Clarke

As used in this act, the following words and

phrases have the meanings ascribed in this section unless the

context clearly indicates otherwise:

"Commission" means the Mississippi Gaming

"Distributor" means any person authorized by the

Mississippi Gaming Commission to distribute lottery tickets to

A person possessing a gaming license issued under

Chapter 76, Title 75, Mississippi Code of 1972, may be a

distributor if located in a county in which legal gaming has been

"Lottery" means any activity approved by the

Mississippi Gaming Commission in which:

The player or players pay or agree to pay

something of value for chances, represented and differentiated by

tickets, slips of paper or other physical and tangible

documentation upon which appear numbers, symbols, characters or

other distinctive marks used to identify and designate the winner

The winning chance or chances are to be

determined by a drawing or similar selection method based

predominately upon the element of chance or random selection

rather than upon the skill or judgment of the player or players;

The holder or holders of the winning chance

or chances are to receive a prize or something of valuable

The activity is conducted and participated in

without regard to geographical location, with the player or

players not being required to be present upon any particular

premises or at any particular location in order to participate or

"Person" means any association, corporation, firm,

partnership, trust or other form of business association as well

"Retailer" means any person authorized by the

Mississippi Gaming Commission to sell lottery tickets to the

76, Title 75, Mississippi Code of 1972, may be a retailer if

located in a county in which legal gaming has been approved.

A person possessing a gaming license issued under Chapter

There is created a state lottery to be known

as the "Mississippi Lottery for Education," to be administered by

the Mississippi Gaming Commission.

The commission shall:

Prescribe the method and form of application which

an applicant for a distributor's license or retailer's license, or

both, must follow and complete before consideration of his

application by the commission;

Prescribe guidelines for the review of applications

for licenses and the approval or disapproval of such applications;

Require an applicant to pay all or any part of the

fees and costs of investigation of such applicant as may be

determined by the commission, except that no applicant for an

initial license shall be required to pay any part of the fees or

costs of the investigation of the applicant with regard to the

payment of fees and issuance of licenses;

Prescribe conditions under which a licensee may be

subject to revocation or suspension of his license;

Prescribe the manner and method of collection and

Prescribe guidelines regarding the conduct of

specific lottery games including, but not limited to:

The types of games to be conducted;

The sale price of tickets;

validating winning tickets;

which must be open to the public;

The manner of payment of prizes;

for the efficient and effective operation of lottery games;