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 li

MISSOURI STATUTES AND CODES

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 li

State lottery fund, established--distribution of funds--imprest prizefund, created, uses--collection, investment, use of lotteryfunds--taxation, set-off of prizes, when--restrictions forlicensees.

313.321. 1. The money received by the Missouri state lotterycommission from the sale of Missouri lottery tickets and from all othersources shall be deposited in the "State Lottery Fund", which is herebycreated in the state treasury. At least forty-five percent, in theaggregate, of the money received from the sale of Missouri lottery ticketsshall be appropriated to the Missouri state lottery commission and shall beused to fund prizes to lottery players. Amounts in the state lottery fundmay be appropriated to the Missouri state lottery commission foradministration, advertising, promotion, and retailer compensation. Thegeneral assembly shall appropriate remaining moneys not previouslyallocated from the state lottery fund by transferring such moneys to thegeneral revenue fund. The lottery commission shall make monthly transfersof moneys not previously allocated from the state lottery fund to thegeneral revenue fund as provided by appropriation.

2. The commission may also purchase and hold title to any securitiesissued by the United States government or its agencies andinstrumentalities thereof that mature within the term of the prize forfunding multi-year 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 bywarrants drawn by the office of administration from the state lottery fundin amounts specified by the commission. The commission may write checksand disburse moneys from this fund for the payment of lottery prizes onlyand for no other purpose. All expenditures shall be made in accordancewith rules and regulations established by the office of administration.Prize payments may also be made from the state lottery fund. Prize payoutsmade pursuant to this section shall be subject to the provisions of section143.781, RSMo; and prize payouts made pursuant to this section shall besubject to set off for delinquent child support payments as assessed by acourt of competent jurisdiction or pursuant to section 454.410, RSMo.Prize payouts made under this section shall be subject to set off forunpaid health care services provided by hospitals and health care providersunder the procedure established in section 143.790, RSMo.

4. Funds of the state lottery commission not currently needed forprize money, administration costs, commissions and promotion costs shall beinvested by the state treasurer in interest-bearing investments inaccordance with the investment powers of the state treasurer contained inchapter 30, RSMo. All interest earned by funds in the state lottery fundshall accrue to the credit of that fund.

5. No state or local sales tax shall be imposed upon the sale oflottery tickets or shares of the state lottery or on any prize awarded bythe state lottery. No state income tax or local earnings tax shall beimposed upon any lottery game prizes which accumulate to an amount of lessthan six hundred dollars during a prize winner's tax year. The state ofMissouri shall withhold for state income tax purposes from a lottery gameprize or periodic payment of six hundred dollars or more an amount equal tofour percent of the prize.

6. The director of revenue is authorized to enter into agreementswith the lottery commission, in conjunction with the various state agenciespursuant to sections 143.782 to 143.788, RSMo, in an effort to satisfyoutstanding debts to the state from the lottery winning of any personentitled to receive lottery payments which are subject to federalwithholding. The director of revenue is also authorized to enter intoagreements with the lottery commission in conjunction with the departmentof health and senior services pursuant to section 143.790, RSMo, in aneffort to satisfy outstanding debts owed to hospitals and health careproviders for unpaid health care services of any person entitled to receivelottery payments which are subject to federal withholding.

7. In addition to the restrictions provided in section 313.260, noperson, firm, or corporation whose primary source of income is derived fromthe sale or rental of sexually oriented publications or sexually orientedmaterials or property shall be licensed as a lottery game retailer and anylottery game retailer license held by any such person, firm, or corporationshall be revoked.