Effective - 28 Aug 2013, 2 histories
313.321. State lottery fund, established — distribution of funds — imprest prize fund, created, uses — collection, investment, use of lottery funds — taxation, set-off of prizes, when — restrictions for licensees. — 1. The money received by the Missouri state lottery commission from the sale of Missouri lottery tickets and from all other sources shall be deposited in the "State Lottery Fund", which is hereby created in the state treasury. At least forty-five percent, in the aggregate, of the money received from the sale of Missouri lottery tickets shall be appropriated to the Missouri state lottery commission and shall be used to fund prizes to lottery players. Amounts in the state lottery fund may be appropriated to the Missouri state lottery commission for administration, advertising, promotion, and retailer compensation. The general assembly shall appropriate remaining moneys not previously allocated from the state lottery fund by transferring such moneys to the general revenue fund. The lottery commission shall make monthly transfers of moneys not previously allocated from the state lottery fund to the general revenue fund as provided by appropriation.
2. The commission may also purchase and hold title to any securities issued by the United States government or its agencies and instrumentalities thereof that mature within the term of the prize for funding multiyear payout prizes.
3. The "Missouri State Lottery Imprest Prize Fund" is hereby created. This fund is to be established by the state treasurer and funded by warrants drawn by the office of administration from the state lottery fund in amounts specified by the commission. The commission may write checks and disburse moneys from this fund for the payment of lottery prizes only and for no other purpose. All expenditures shall be made in accordance with rules and regulations established by the office of administration. Prize payments may also be made from the state lottery fund. Prize payouts made pursuant to this section shall be subject to the provisions of section 143.781. Prize payouts made pursuant to this section shall be subject to set off for:
(1) Delinquent child support payments as assessed by a court of competent jurisdiction or pursuant to section 454.410;
(2) Unpaid health care services provided by hospitals and health care providers under the procedure established in section 143.790; and
(3) Unpaid debts to a county jail as provided under section 221.070 and pursuant to the procedure established in section 488.5028.
4. Funds of the state lottery commission not currently needed for prize money, administration costs, commissions and promotion costs shall be invested by the state treasurer in interest-bearing investments in accordance with the investment powers of the state treasurer contained in chapter 30. All interest earned by funds in the state lottery fund shall accrue to the credit of that fund.
5. No state or local sales tax shall be imposed upon the sale of lottery tickets or shares of the state lottery or on any prize awarded by the state lottery. No state income tax or local earnings tax shall be imposed upon any lottery game prizes which accumulate to an amount of less than six hundred dollars during a prize winner's tax year. The state of Missouri shall withhold for state income tax purposes from a lottery game prize or periodic payment of six hundred dollars or more an amount equal to four percent of the prize.
6. The director of revenue is authorized to enter into agreements with the lottery commission, in conjunction with the various state agencies pursuant to sections 143.782 to 143.788, in an effort to satisfy outstanding debts to the state from the lottery winning of any person entitled to receive lottery payments which are subject to federal withholding. The director of revenue is also authorized to enter into agreements with the lottery commission in conjunction with the department of health and senior services pursuant to section 143.790 in an effort to satisfy outstanding debts owed to hospitals and health care providers for unpaid health care services of any person entitled to receive lottery payments which are subject to federal withholding.
7. In addition to the restrictions provided in section 313.260, no person, firm, or corporation whose primary source of income is derived from the sale or rental of sexually oriented publications or sexually oriented materials or property shall be licensed as a lottery game retailer and any lottery game retailer license held by any such person, firm, or corporation shall be revoked.
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(L. 1986 H.B. 1652, A.L. 1988 S.B. 643, A.L. 2007 H.B.818, A.L. 2013 S.B. 42)
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 313 - Licensed Gaming Activities
Section 313.005 - Definitions.
Section 313.007 - Bingo proceeds for education fund, established, purpose.
Section 313.013 - Progressive bingo games, permitted, defined.
Section 313.030 - Change in officers to be reported to commission — license to be displayed.
Section 313.035 - Ineligible persons and organizations — revocation, eligibility for relicensure.
Section 313.040 - Restrictions, penalties.
Section 313.041 - Contingent effective date.
Section 313.045 - Annual reports by certain licensees — contents.
Section 313.050 - Records to be kept — retention period.
Section 313.052 - Grounds for disciplinary action against licensee.
Section 313.065 - Rules and regulations, promulgation.
Section 313.070 - Licenses, suspension or revocation, when.
Section 313.080 - Violations, penalty.
Section 313.085 - Sales of bingo supplies exempt from certain taxes.
Section 313.200 - Citation of law.
Section 313.205 - Definitions.
Section 313.210 - Commission established — offices — assignment to department.
Section 313.215 - Commission members — terms, qualifications — expense reimbursement.
Section 313.225 - Commission meetings — quorum.
Section 313.235 - Director — appointment, qualifications, compensation.
Section 313.240 - Duties of director.
Section 313.245 - Personnel — employment, qualifications, compensation.
Section 313.250 - Budget preparation.
Section 313.260 - Restrictions for licensees.
Section 313.265 - Denial of license, grounds — cause to be cited.
Section 313.275 - Financial interests and gifts prohibited.
Section 313.280 - Sale of tickets to minors.
Section 313.290 - Ticket or share prices fixed — counterfeiting prohibited — penalty.
Section 313.295 - Payment of prizes to minors and disabled adults under personal custodian law.
Section 313.300 - Unclaimed prizes — moneys to revert to state lottery fund.
Section 313.310 - Duties of attorney general and highway patrol.
Section 313.315 - Duties of state auditor — other audits — reports to be filed.
Section 313.322 - Commission may contract operation of lottery to private organization, how.
Section 313.325 - Commission may subpoena records and witnesses — failure to obey.
Section 313.340 - Constitutional prohibition construed — no denial of liquor license.
Section 313.345 - Licenses and contracts may be denied to persons owing debt to state.
Section 313.350 - Venue for civil actions — advancement on docket.
Section 313.351 - Lottery commission to submit plan, how approved.
Section 313.500 - Definitions.
Section 313.510 - Horse racing commission established.
Section 313.520 - Employees — executive director of gaming commission, duties.
Section 313.530 - Revenues from horse racing — horse racing fund, established.
Section 313.560 - Commission, powers.
Section 313.570 - Members or employees subject to civil action, attorney general to represent.
Section 313.580 - Track license required — grounds for refusal to issue, qualifications.
Section 313.590 - Track license — bond required, purpose.
Section 313.610 - Track license — failure to secure, penalty.
Section 313.631 - Track licensee — record keeping requirements, accounting to commission.
Section 313.632 - Approval by commission, required, when.
Section 313.655 - Simulcast races, pari-mutuel wagering.
Section 313.660 - Off-track wagering prohibited, penalty.
Section 313.670 - Minors — prohibited from betting — presence prohibited, exceptions.
Section 313.680 - Names of horses — registered name required to be used, penalty.
Section 313.700 - Drugs or medications, unauthorized use prohibited, penalty.
Section 313.710 - Missouri-bred horses, program to encourage.
Section 313.780 - Licensing of additional excursion gambling boats restricted, when.
Section 313.800 - Definitions — additional games of skill, commission approval, procedures.
Section 313.802 - Law not applicable to lottery, bingo or pari-mutuel wagering.
Section 313.803 - Two thousand feet artificial space may be created, certain licensees.
Section 313.805 - Powers of commission.
Section 313.825 - Audit of licensee, contents, procedure.
Section 313.832 - Forfeitures for illegal activities, enforcement procedures.
Section 313.837 - Report to general assembly, when, contents.
Section 313.845 - Rules, procedure.
Section 313.850 - Severability clause.
Section 313.900 - Citation of law.
Section 313.905 - Definitions.
Section 313.930 - Compliance with all federal, state, and local laws and regulations.
Section 313.940 - Annual financial audit required, operator to pay cost of audit — exemption.
Section 313.945 - Confidentiality of records, exceptions.
Section 313.950 - Commission to supervise operators, licensees, and websites — powers and duties.