Sec. 12-569. Breach of fiduciary responsibility by lottery sales agent.
Sec. 12-569. Breach of fiduciary responsibility by lottery sales agent. If the
president of the Connecticut Lottery Corporation determines that any lottery sales agent
has breached his fiduciary responsibility to the corporation in that the account of such
lottery sales agent with respect to moneys received from the sale of lottery tickets has
become delinquent in accordance with regulations adopted as provided in section 12-568a, the president shall notify the executive director of the breach of fiduciary duty
and the executive director shall impose a delinquency assessment upon such account
equal to ten per cent of the amount due or ten dollars, whichever amount is greater, plus
interest at the rate of one and one-half per cent of such amount for each month or fraction
of a month from the date such amount is due to the date of payment. Subject to the
provisions of section 12-3a, the executive director may waive all or part of the penalties
provided under this subsection when it is proven to his satisfaction that the failure to
pay such moneys to the state within the time allowed was due to reasonable cause and
was not intentional or due to neglect. Any such delinquent lottery sales agent shall be
notified of such delinquency assessment and shall be afforded an opportunity to contest
the validity and amount of such assessment before the executive director who is hereby
authorized to conduct such hearing. Upon request of the president of the Connecticut
Lottery Corporation, the executive director may prepare and sign a warrant directed to
any state marshal, constable or any collection agent employed by the Connecticut Lottery
Corporation for distraint upon any property of such delinquent lottery sales agent within
the state, whether personal or real property. An itemized bill shall be attached thereto
certified by the executive director as a true statement of the amount due from such lottery
sales agent. Such warrant shall have the same force and effect as an execution issued
in accordance with chapter 906. Such warrant shall be levied on any real, personal,
tangible or intangible property of such agent and sale made pursuant to such warrant in
the same manner and with the same force and effect as a levy and sale pursuant to an
execution. The executive director, with the advice and consent of the board, shall adopt
regulations in accordance with chapter 54 to carry out the purposes of this section.
(1971, P.A. 865, S. 13; 1972, P.A. 187, S. 6; P.A. 73-235, S. 1, 2; P.A. 75-14, S. 1, 2; P.A. 78-242, S. 1, 2; P.A. 79-27;
79-404, S. 20, 45; P.A. 80-39; P.A. 82-163, S. 1, 6; P.A. 91-281, S. 1, 2; P.A. 96-212, S. 29, 32; P.A. 00-99, S. 42, 154.)
History: 1972 act amended Subsec. (a) to exclude lottery sales receipts from gross receipts when agent is a lessee of
state property whose rental fee is based on gross receipts, amended Subsec. (b) to specify that agents may be required to make
deposits "in a special or suspense account in the name of the commission" and added Subsecs. (c) and (d) re compensation to
depositories and claim centers; P.A. 73-235 allowed sales of lottery tickets at off-track betting facilities; P.A. 75-14 allowed
sales of tickets at commission main office; P.A. 78-242 amended Subsec. (b) to include provisions re delinquency assessments; P.A. 79-27 added provision in Subsec. (b) declaring moneys received from sale of tickets to be state property while
in sales agents' hands; P.A. 79-404 substituted "executive director" and "division" for "commission" and required advice
and consent of gaming policy board for establishment of rules and regulations and ticket prices; P.A. 80-39 allowed
employees of licensed sales agents to sell lottery tickets in Subsec. (a); P.A. 82-163 amended Subsec. (b) so as to provide
penalty and interest re late payment by state lottery agents in amounts and under conditions as to be comparable to such
provisions applicable with respect to other state taxes; P.A. 91-281 amended Subsec. (b) to require that all moneys received
by lottery sales agents from the sale of lottery tickets be held in trust for the state and that lottery sales agents deposit such
moneys in a special or suspense account; P.A. 96-212 deleted Subsecs. (a), (c) and (d) and portions of Subsec. (b) re
operation and administration of state lottery, effective July 1, 1996 (Revisor's note: The word "Corporation" was added
editorially by the Revisors in the first sentence reference to "president of the Connecticut Lottery Corporation" for consistency); P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000.
Subsec. (b):
Cited. 33 CS 170.