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OFFICIAL OPINION No. 82-4

OFFICIAL OPINION No. 82-4

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OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

OFFICIAL OPINION No. 82-4

1982 Pa. AG LEXIS 1; 1982 Op. Atty Gen. Pa. 23

November 15, 1982
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

OFFICIAL OPINION No. 82-4

1982 Pa. AG LEXIS 1; 1982 Op. Atty Gen. Pa. 23

November 15, 1982

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Published by: PennLive on Feb 03, 2013
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OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIAOFFICIAL OPINION No. 82-4
1982 Pa. AG LEXIS 1;
 
1982 Op. Atty Gen. Pa. 23
 November 15, 1982
REQUESTBY:
 
[*1]
 LeRoy S. Zimmerman, Attorney General
OPINION:
Honorable Robert K. BloomSecretaryDepartment of Revenue11th Floor Strawberry SquareHarrisburg, Pennsylvania 17120You have requested an opinion from the Office of Attorney General on whether or not you, as Secretary of Rev-enue, may make payment to holders of tickets bearing the numbers of the October 8, 1982, televised Lotto drawingwhich was declared invalid due to a mistake which occurred during that drawing.It is our opinion, and you are advised, that provided sufficient and appropriate
lottery
funds exist from which tomake such payment, the Secretary of Revenue may, after the publication of regulations setting forth with precision theintention to make such payments, proceed to do so.You are further advised that in accordance with the provisions of Section 204(a)(1) of the Commonwealth Attor-neys Act of October 15, 1980, P.L. 950, No. 164,
71 P.S. ß 732-204(a)
, you will not in any way be liable for followingthe advice as set forth in this opinion.The powers and duties of the Secretary of Revenue with respect to the operation and administration of the state
lot-tery
are set forth in the State
Lottery
Law, Act of August 26,
[*2]
1971, P.L. 351, No. 91;
72 P.S. ß 3761-1
et seq.Section 6 thereof provides in pertinent part that:"... the Secretary of Revenue shall have the power and it shall be his duty to operate and administer the
lottery
andto promulgate rules and regulations governing the establishment and operation thereof, including but not limited to:"(3) The numbers and sizes of the prizes on the winning tickets or shares."(4) The manner of selecting the winning tickets or shares."(6) The frequency of the drawings or selections of winning tickets or shares without limitation."(11) The apportionment of the total revenues accruing from the sale of 
lottery
tickets or shares and from all other sources among (i) the payment of prizes to the holders of winning tickets or shares;... (iv) for property tax relief and freeor reduced fare transit service for the elderly... Provided, however, That no less than thirty percent of the total revenuesaccruing from the sale of 
lottery
tickets or shares shall be dedicated to subclause (iv) above."(12) Such other matters necessary or desirable for the efficient and economical operation and administration of the
lottery
and for the convenience of the
[*3]
purchasers of tickets or shares and the holders of winning tickets or shares.The Secretary of Revenue in the exercise of these rule making powers has reiterated almost verbatim the statutorylanguage of Section 6 of the Act, adding, in subsection three "The Secretary may, from time to time, as the circum-stances warrant, alter the prize structure set forth herein and advertise such changes through such media available to himconsistent with law.",
61 Pa. Code 803.11(3)
.

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