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 REQUESTBY: [*1] LeRoy S. Zimmerman, Attorney General OPINION: Honorable Robert K. Bloom Secretary Department of Revenue 11th Floor Strawberry Square Harrisburg, Pennsylvania 17120 You have requested an opinion from the Office of Attorney General on whether or not you, as Secretary of Revenue, may make payment to holders of tickets bearing the numbers of the October 8, 1982, televised Lotto drawing which 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 to make such payment, the Secretary of Revenue may, after the publication of regulations setting forth with precision the intention 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 Attorneys 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 following the 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 lottery 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 and to 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 free or reduced fare transit service for the elderly... Provided, however, That no less than thirty percent of the total revenues accruing 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 statutory language of Section 6 of the Act, adding, in subsection three "The Secretary may, from time to time, as the circumstances warrant, alter the prize structure set forth herein and advertise such changes through such media available to him consistent with law.", 61 Pa. Code 803.11(3).

It would thus appear that the Secretary of Revenue, under the rule making powers set forth in the statute and upon the determination that it is necessary and desirable for the efficient and economical operation and administration of the lottery may promulgate a regulation so finding and declaring that a specified sum be apportioned to the payment of prizes to the holders of the apparent winning tickets in the lottery as it was televised on October 8, 1982. Such regulation, in our view, could be published effective immediately pursuant to the Commonwealth Documents Law which permits such publication when it is in the public interest, Act of July 31, 1968, P.L. 769, No. [*4] 240, Art. II, ß 204(c); 45 Pa.C.S. ß 204(c). Legal Topics: For related research and practice materials, see the following legal topics: GovernmentsState & Territorial GovernmentsGaming & LotteriesPublic Health & Welfare LawSocial ServicesDisabled & Elderly PersonsAgency Actions & ProceduresGeneral Overview

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