Bill Text: CT SB00360 | 2016 | General Assembly | Introduced

Connecticut Senate Bill 360 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning Lottery Tickets.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-04 - Public Hearing 03/08 [SB00360 Detail]

Download: Connecticut-2016-SB00360-Introduced.html


General Assembly		*Raised Bill No. 360*
*February Session, 2016*		LCO No. 2500
		02500_______PS_
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)

AN ACT CONCERNING LOTTERY TICKETS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 12-813 of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2016):

(NEW) (e) On and after October 1, 2016, the corporation shall not sell a lottery ticket that is subject to an expiration date.

Sec. 2. (Effective from passage) (a) There shall be a Lottery Tribunal consisting of three persons whom the Claims Commissioner shall appoint. The purpose of the tribunal shall be to hear and determine whether a person who presents an expired winning Lotto lottery ticket issued prior to October 1, 2016, has a just claim, as defined in section 4-141 of the general statutes, in an amount up to the amount of such expired winning Lotto lottery ticket. A majority of the tribunal shall constitute a quorum and all actions shall require the affirmative vote of a majority. The tribunal shall be within the Department of Administrative Services, provided the tribunal shall have independent decision-making authority. The tribunal shall terminate on October 1, 2019.

(b) Notwithstanding a final decision by a court of competent jurisdiction, any person wishing to present a claim against the state shall file with the Lottery Tribunal a notice of claim, in duplicate, containing the following information: (1) The name and address of the claimant; the name and address of his or her principal, if the claimant is acting in a representative capacity, and the name and address of his or her attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim; and (3) a statement of the amount requested. A notice of claim, if sent by mail, shall be deemed to have been filed with the Lottery Tribunal on the date such notice of claim is postmarked. The Lottery Tribunal shall promptly deliver a copy of the notice of claim to the Connecticut Lottery Corporation. For purposes of this section, "claim" means a petition for the payment of an expired winning Lotto lottery ticket issued prior to October 1, 2016, by the state.

(d) Any subpoena or other paper required to be served upon or delivered to the Lottery Tribunal or to any person or official may be served or delivered in person or by certified mail. Service or delivery by certified mail shall be deemed complete upon the certification and deposit of such subpoena or paper at a United States post office. Proof of deposit and the return receipt shall be sufficient proof of service or delivery.

(e) Whenever the Connecticut Lottery Corporation desires to oppose a claim, the corporation shall file with the Lottery Tribunal a notice of opposition, in duplicate, containing a concise statement of such objections. The Lottery Tribunal shall promptly deliver a copy thereof to the claimant.

(f) (1) Claims shall be heard as soon as practicable after they are filed. Hearings may be held at the Office of the Claims Commissioner, at any hearing facility in the State Capitol or Legislative Office Building or at such other suitable place as the Lottery Tribunal finds it convenient and just to the claimant and the Connecticut Lottery Corporation.

(2) The Lottery Tribunal may call witnesses, examine and cross-examine any witness, require information not offered by the claimant or the Connecticut Lottery Corporation and stipulate matters to be argued. The Lottery Tribunal shall not be bound by any law or rule of evidence.

(3) The Lottery Tribunal may administer oaths, cause depositions to be taken, issue subpoenas and order inspection and disclosure of books, papers, records and documents. Upon good cause shown any such order or subpoena may be quashed by the Lottery Tribunal.

(4) If any person fails to respond to a subpoena, the Lottery Tribunal may issue a capias, directed to a state marshal to arrest such person and bring such person before the Lottery Tribunal to testify.

(g) On the motion of the Lottery Tribunal or at the request of the claimant, or the Connecticut Lottery Corporation, the Lottery Tribunal may waive the hearing of any claim for five thousand dollars or less and proceed upon affidavits filed by the claimant and the corporation.

(h) The Lottery Tribunal shall cause a record to be made of each claim. Such record shall be retained in the files of the Lottery Tribunal until the sine die adjournment of the regular session of the General Assembly next succeeding the disposition of such claim, at which time it shall be disposed of as may be decided pursuant to section 11-8a of the general statutes. Copies of such record and of the hearing transcript, if any, shall be made available upon request to the claimant and to the Connecticut Lottery Corporation and as the Lottery Tribunal otherwise may direct.

(i) (1) Not later than sixty days after hearing a claim, the Lottery Tribunal shall render a decision as provided in subsection (j) of this section. The Lottery Tribunal shall make a finding of fact for each claim and file such finding with the order, recommendation or authorization disposing of the claim. The Lottery Tribunal shall deliver a copy of such finding and order, recommendation or authorization to the claimant and to the Connecticut Lottery Corporation.

(2) If such claim will automatically be submitted to the General Assembly by the Lottery Tribunal pursuant to the provisions of subparagraph (A) of subdivision (1) of subsection (k) of this section, the Lottery Tribunal shall give written notice to the claimant that such claim will be so submitted and that the General Assembly may accept, modify or reject the recommendation of the Lottery Tribunal or remand the claim to the Lottery Tribunal.

(3) If the claimant has the right, pursuant to subdivision (2) of subsection (j) of this section, to request the General Assembly to review the decision of the Lottery Tribunal, the Lottery Tribunal shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Lottery Tribunal. The notice shall indicate the date by which such a request must be filed with the Lottery Tribunal.

(j) (1) The Lottery Tribunal may (A) order that a claim be denied or dismissed, (B) order immediate payment of a just claim in an amount not exceeding twenty thousand dollars, or (C) recommend to the General Assembly payment of a just claim in an amount exceeding twenty thousand dollars but no more than the amount of the claimant's expired winning Lotto lottery ticket.

(2) Any person who has filed a claim for more than twenty thousand dollars may request the General Assembly to review a decision of the Lottery Tribunal (A) ordering the denial or dismissal of the claim pursuant to subparagraph (A) of subdivision (1) of this subsection, or (B) ordering immediate payment of a just claim in an amount not exceeding twenty thousand dollars pursuant to subparagraph (B) of subdivision (1) of this subsection. A request for review shall be in writing and filed with the Lottery Tribunal not later than twenty days after the date the person requesting such review receives a copy of the decision. The filing of a request for review shall automatically stay the decision of the Lottery Tribunal.

(3) The Lottery Tribunal shall submit each claim for which a request for review is filed to the General Assembly pursuant to subsection (k) of this section.

(4) If the Lottery Tribunal orders immediate payment of a just claim in an amount not exceeding twenty thousand dollars pursuant to subparagraph (B) of subdivision (1) of this subsection and a request for review is not timely filed pursuant to subdivision (2) of this subsection, the Lottery Tribunal shall deliver to the Comptroller a certified copy of the Lottery Tribunal's order and the Comptroller shall make payment from the appropriation of the Connecticut Lottery Corporation.

(5) Not later than five days after the convening of each regular session, the Lottery Tribunal shall report to the General Assembly on all claims decided pursuant to this subsection.

(k) (1) Not later than five days after the convening of each regular session and at such other times as the speaker of the House of Representatives and president pro tempore of the Senate may desire, the Lottery Tribunal shall submit to the General Assembly (A) all claims for which the Lottery Tribunal recommended payment of a just claim in an amount exceeding twenty thousand dollars, and (B) all claims for which a request for review has been filed, together with a copy of the Lottery Tribunal's findings and the hearing record of each claim so reported.

(2) The General Assembly shall:

(A) With respect to a decision of the Lottery Tribunal ordering the denial or dismissal of a claim: (i) Confirm the decision; or (ii) vacate the decision and, in lieu thereof, order the payment of the claim in a specified amount;

(B) With respect to a decision of the Lottery Tribunal ordering the immediate payment of a just claim in an amount not exceeding twenty thousand dollars: (i) Confirm the decision; (ii) modify the decision by ordering that a different amount be paid; or (iii) vacate the decision and, in lieu thereof, order no payment be made;

(C) With respect to a decision of the Lottery Tribunal recommending payment of a just claim in an amount exceeding twenty thousand dollars: (i) Accept the recommendation and order payment of the specified amount; (ii) modify the recommendation by ordering that a different amount be paid; (iii) reject the recommendation and, in lieu thereof, order no payment be made; or (iv) remand the claim to the Lottery Tribunal for such further proceedings as the General Assembly may direct.

(3) If the General Assembly orders the payment of a claim, the Lottery Tribunal shall deliver to the Comptroller a notice of the order and the Comptroller shall make payment from the appropriation of the Connecticut Lottery Corporation.

(4) The review by the General Assembly of claims submitted to it by the Lottery Tribunal under this subsection shall be conducted in accordance with such procedures as the General Assembly may prescribe.

(l) Before payment of an order, the Comptroller shall require the claimant to certify on oath that no commission, discount, bonus, reward or present of any kind was promised or was given to or was received or is expected by any state officer or employee or any member of the General Assembly in respect to his or her claim and that to the best of his or her knowledge and belief no state officer or employee and no member of the General Assembly used, offered to use or attempted to use his or her office or position to influence the decision on such claim.


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2016	12-813
Sec. 2	from passage	New section

Statement of Purpose:

To (1) require lottery tickets issued on and after October 1, 2016, not be subject to an expiration date, and (2) to establish a Lottery Tribunal to hear and determine whether a person who presents an expired winning Lotto lottery ticket issued prior to October 1, 2016, has a just claim.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]