SB 2001 — Lottery; create and establish the Mississippi Lottery Corporation to administer the lottery.

     SECTION(2)  9. Any (1) policies Theadopted boardby shallauthority not authorize, conduct or administer lottery games involving the use of athis "videosection lottery terminal" as defined or any mobileother orsection Internet-basedof orthis monitor-basedact interactivemust game,be orpublished anyand simulatedposted casino-styleon game,the includingcorporation's videowebsite poker,thirty video(30) roulette,days slotprior machinesto orbecoming videoeffective. blackjack, or any variant of these prohibited games.

     (2) SECTION 8.  (1)  The board may adopt administrative rules and regulations for the conduct of specific lottery games and operations, including, but not limited to, administrative rules and regulations specifying:

          (a)  The types of lottery games to be conducted whichincluding, utilizebut thenot salelimited ofto, paperinstant ticketstickets, foronline variousgames, intrastate and multistateother or multisovereign lottery games (suchtraditional asto Pick-3,the Pick-4,lottery. Mega Millions, Powerball) and "instant tickets" as defined.

          (d)  The methodsmethod toand belocation usedof inselecting sellingor ticketsvalidating forwinning lottery games;tickets.

provided,          however,(e)  theThe corporationfrequency shalland notthe permitmeans anyof lotteryconducting gamedrawings towhich shall be playedopen or ticket to bethe purchased,public. sold or played by any method involving (i) a video lottery terminal or (ii) by any personal computer, tablet, smartphone, mobile device or other similar equipment or type of device.

(e)           (f)  The methodsmanner andof locationpayment of selectingprizes. or validating winning tickets.

          (f) (g)  The frequency and the means of conductinggames drawingsand whichdrawings. shall be open to the public.

          (g) (h)  The manner ofand paymentamount of prizes.compensation to lottery retailers, except all compensation shall be uniform.

          (h) (i)  TheAny frequencyother ofmatters gamesnecessary to carry out this act and drawings.necessary for the efficient and effective operation of the lottery or for the convenience of the public.

              (i) (2)  TheIn mannerall andother amountmatters, ofthe compensationboard toshall lotteryadvise retailers,and exceptmake allrecommendations.  compensationIn shalladdition, bethe uniform.board shall:

          (j) (a)  AnyConduct otherhearings mattersupon necessarycomplaints tocharging carryviolations outof this act andor necessary for the efficient and effective operation of theadministrative lotteryregulations oradopted forby the conveniencecorporation ofand theshall public.   conduct     such (3)  In all other matters,hearings theas boardmay shallbe adviseprovided andby makeadministrative recommendations. regulation. In addition, the board shall:

          (a)  Conduct hearings upon complaints charging violations of this act or of administrative rules and regulations adopted by the corporation and shall conduct such other hearings as may be provided by administrative rules and regulations.

and               (ii)  Identify potential improvements in this act, the administrative rules and regulations of the corporation, and the management of the corporation.

     (4) SECTION Nothing9.  in(1)  thisThe actcorporation shall beconduct construedand administer lottery games which will result in maximization of revenues to govern,the affectState orof limitMississippi.  gamingThe operationscorporation, atits aemployees, licensedand gamingthe facilitymembers norof the board shall thisprovide actfor bethe construedeffective tooperation supersedeof orlottery preemptgames which ensure the authorityintegrity of the Mississippilottery Gamingand Commissionmaintain asthe itdignity relatesof tothe gamingstate operationsand occurringthe atgeneral awelfare licensedof gamingits facility.citizens.

     (5) (2)  NothingThe corporation, in thispursuance actof shallthe prohibitattainment aof licensed gaming facility under the Mississippiobjectives Gaming Commission from applying and operatingthe aspurposes aof lottery retailer under this act.act, may:

     SECTION 10.  (1)  The corporation shall conduct and administer lottery games to result in maximization of revenues to the State of Mississippi.  The corporation, its employees, and the members of the board shall provide for the efficient and effective operation of lottery games which ensure the integrity of the lottery and maintain the dignity of the state and the general welfare of its citizens.       (2)  The corporation, in pursuing the objectives and purposes of this act, may:

              (i)  Contracts thatfor providethe purchase of such goods and services as are necessary for the placementoperation ofand commercialpromotion advertisingof onthe tickets.lottery.

                            (ii)  Contracts forthat theprovide purchase and/or lease of real property as are necessary for the operationplacement andof promotioncommercial ofadvertising theon lottery.tickets.

              (iii)  AnyContracts contractfor the purchase and/or agreementlease of real property as are necessary for the implementation,operation operation, and promotion of the lotterylottery. and this act.

              (iv)  Any contract and/or agreement necessary for the implementation, operation, and promotion of the lottery and this act.

          (c)  Adopt by administrative rulesregulation and regulations a system of continuous internal audits.

          (e)  Adopt by administrative rulesregulation and regulations a code of ethics for officers and employees of the corporation to carry out the standards of conduct established by this act.

          (f)  Adopt by administrative rulesregulation and regulations guidelines for the disposal of lottery property if the corporation is dissolved.

     (4)  ThereThe shallcorporation beand no liability on the partboard of, and no cause of action shall arisebe against,exempt thefrom corporation, its governing board, staff, agents, vendors, or employees, arising out of or in connection with the issuance,Mississippi failurePublic toRecords issue,Act or delivery of a1983. lottery ticket.

     SECTION(5)  11. There (1) shall Thebe president,no asliability chiefon executivethe officerpart ofof, theand corporation,no cause of action shall directarise andagainst, supervisethe allcorporation, administrativeits andgoverning technicalboard, activitiesstaff, inagents, accordancevendors, withor theemployees, provisionsarising out of thisor actin andconnection withinwith the administrativeissuance, rulesfailure andto regulationsissue, adoptedor bydelivery theof board. a Thelottery presidentticket. shall:

     (5)  The corporation shall not adopt any rules or regulations that authorize or permit the use of a video lottery terminal.

     SECTION 10.  (1)  The president, as chief executive officer of the corporation, shall direct and supervise all administrative and technical activities in accordance with the provisions of this act and within the administrative regulations adopted by the board.  The president shall:

          (c)  Contract in accordance with the administrative rules and regulations adopted by the corporation with persons to sell lottery retailers.tickets at retail.

          (d)  Make available for inspection by the board or any member of the board, upon request, all books, records, files, and other information and documents of his or her office and to advise the board and recommend such administrative rules and regulations and other matters he or she deems necessary and advisable to improve the operation and administration of the lottery.

          (e)  SubjectEnter to the limitations under Section 35 of this act, enter into any contract pursuant to this act with any personperson, firm or corporation for the promotion and operation of the lottery or for the performance of any of the functions as provided in this act or administrative rules and regulations adopted by the board.

     (5)  The president shall require bond from corporate employees with access to corporate funds or lottery funds in such an amount as provided in the administrative rules and regulations of the board.

          (b)  For good cause, suspend, revoke or refuse to renew any contract entered into in accordance with this act or the administrative rules and regulations of the board.

          (d)  UponEnter specific or general approval of the board, enter into personal service contracts pursuant to administrative rules and regulations adopted by the board and compensate such consultants and technical assistants as may be required to carry out the provisions of this act.            (e)  By agreement, secure information and services as he or she may deem necessary from any department, agency or unit of the federal, state or local government, and to the extent allowed by federal or state law, may compensate such department, agency or unit of government for its information and services.       (7)  Agencies, departments or units of state government shall cooperate with the corporation and provide such information and services as may be required by the corporation to assure the integrity of the lottery and the effective operation of the lottery games.

     SECTION 12. 11.  (1)  The corporation may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.

     (2)  Records, documents and information in the possession of the corporation received pursuant to an intelligence sharing, reciprocal use or restricted use agreement entered into by the corporation with a federal department or agency, any law enforcement agency, or the lottery regulation or gaming enforcement agency of any jurisdiction shall be exempt from the Mississippi Public Records Act of 1983 and shall not be released by the corporation without the permission of the person or agency providing the record or information.

     SECTION 13. 12.  The board may employ an attorney and/or may contract with outside counsel when the board determines the need for such counsel.

     SECTION 14. 13.  (1)  The corporation may enter into contracts with any person or persons that provide for the placement of commercial advertising on tickets.  For purposes of this section, "commercial advertising" means advertising intended for the sole benefit of the advertiser.

     (2)  The nature of the advertising authorized in this section and the procedures for its acceptance as well as the implementation of this section shall be provided by administrative rules and regulations adopted by the board.  The board shall retain, in its discretion, the authority to accept or reject any bid.  Advertisements for tobacco and alcohol products shall not be accepted.

     (3)  Implementation of this section shall be in the manner provided in the administrativeprocurement rules and regulations adopted by the board.

     SECTION 15. 14.  (1)  The corporation shall establish and maintain a personnel program, including administrative rules and regulations for its employees.  The corporation may procure benefit programs or group insurance plans and shall provide or arrange for a retirement plan.  Unless otherwise specified by the president, employees of the corporation shall serve at the will and pleasure of the president who shall determine their compensation and benefits.  The employees shall be subject to suspension, dismissal, reduction in pay, demotion, transfer, or other personnel action at the discretion of the president and shall not be subject to civil service provisions.  The compensation of officers at the division head level and above shall be determined by the board.  Corporation employees shall not be considered employees of the State of Mississippi.

     (2)  No board member, officer or employee of the corporation or any member of the board of directors or any spouse, sibling, ascendant or descendant of aan boardofficer, member,employee officer or employeemember of the board of directors shall have a financial interest in any vendor doing business or proposing to do business with the corporation.

     (3)  No board member, officer or employee of the corporation with decision-making authority shall participate in any decision involving a lottery retailer with whom the board member, officer or employee or any spouse, sibling, ascendant or descendant of such board member, officer or employee has a financial interest.

     (4)  No officer or employee of the corporation who leaves the employ of the corporation noror any board member may represent any vendor or lottery retailer before the corporation for a period of one (1) year following termination of employment with the corporation or membership on the board.

     SECTION 16. 15.  (1)  A background investigation shall be conducted by the chief security directorofficer of the corporation or his or her agent or designee on every applicant who has reached the final selection process prior to employment by the corporation.  The background investigation shall include testing the applicants for the presence of illegal controlled substances.  Applicants shall be fingerprinted as a condition of employment.  In addition, all division chiefs and deputy chiefs, directors of the corporation, and employees of the corporation performing duties primarily related to security matters, andand, other employee positionspositions, prior to employment as determined by the board, shall be subject to a background investigation report conducted by the Department of Public Safety.

     (3)  No person who has been convicted of a felony, bookmaking or other forms of illegal gambling, or a crime involving moral turpitude shall be employed by the corporation.  The board may by administrativeregulation rules and regulations provide for a definition of moral turpitude.

     SECTION 17. 16.  (1)  Any lottery retailer, vendor or applicant for a lottery retailer or vendor contract aggrieved by an action of the president of the corporation may appeal that decision to the board in accordance with the administrative rules and regulations of the board.

     (5)  Any person who appeals the award of a lottery procurement for the supply of a lottery ticket or an online lottery system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld.  Costs of appeal and defense may include, but should not be limited to, court costs, bond, legal fees and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous.

     SECTION 18. 17.  Whenever a bond is required for the protection of the corporation, letters of credit or other surety approved by the corporation may be utilized in lieu of a bond.  All bonds or letters of credit shall be reviewed at least annually as to their solvency and sufficiency.

     SECTION 19. 18.  The board shall promulgate administrative rules and regulations that define and prohibit the bulk sale of online lottery tickets by a retailer and the bulk purchase of such tickets by an investment syndicate, investment group, or individual for investment purposes.

     SECTION 20. 19.  The corporation shall require as a part of any contract for the production or printing of lottery tickets that each ticket include the toll-free telephone number of any state or national organization that provides information and referral services regarding compulsive or problem gambling.

     SECTION 21. 20.  The corporation shall publish quarterly and annual financial statements, which shall be made available to the public within thirty (30) days following the close of each quarter.  The quarterly and annual financial statements shall include disposition of all funds expended by the corporation for any purpose,purpose including disclosure of any major procurements.

     SECTION 22. 21.  (1)  Proceeds of any lottery prize of Six Hundred Dollars ($600.00) or more shall be subject to state and federal income tax withholding laws, as applicable.  Any attachments, garnishments or executions authorized and issued pursuant to law shall also be withheld if timely served upon the process agent of the corporation.corporation.  This section shall not apply to a retailer except for the payment of state or local tax.

     (2)  The board shall adopt administrative rules and regulations to establish a system of verifying the validity of tickets claimed to win prizes and to effect payment of such prizes, except that:

          (a)  No prize, nor any portion of a prize, nor any right of any person to a prize awarded shall be assignable, except as provided for in Section 2423 of this act.  Any prize, or portion thereof, remaining unpaid at the death of a prizewinner shall be paid to the estate of the deceased prizewinner or to the trustee of a trust established by the deceased prizewinner if a copy of the trust document or instrument has been filed with the corporation, along with a notarized letter of direction from the deceased prizewinner, and no written notice of revocation has been received by the corporation prior to the deceased prizewinner's death.  Following a deceased prizewinner's death and prior to any payment to such a trustee, the corporation shall obtain from the trustee and each trust beneficiary a written agreement to indemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from payment to or through the trust.  Notwithstanding any other provisions of this act, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled.

          (e)  A holder of a winning lottery ticket from a Mississippi lottery game or from a multistate or multisovereign lottery game shall claim a prize within the timeframe provided for in administrative rules and regulations. regulations adopted by the board.  If a valid claim is not made for a prize within the applicable period, the prize shall constitute an unclaimed prize for purposes of paragraph (c) of this subsection.

          (b)  Any officer,officer or employee of the corporation;

or           (c)  Any vendor,spouse, includingchild, lotterybrother, retailers;sister or parent residing as a member of the same household in the principal place of abode of any person listed in paragraph (a) or (b) of this subsection.

or              SECTION (d) 22.  Any(1)  spouse,The child,board brother,shall sistercoordinate orwith parentthe residingDepartment asof aHuman memberServices to promulgate rules and regulations providing for the withholding of lottery prizes of persons who have outstanding child support arrearages as reported to the samecorporation, householdbeginning inat prize levels to be determined by the principalboard.  placeThe ofcorporation abodemay ofrequire any personagency listedreporting current child support arrearages to the corporation to provide information relating to such arrearages in paragrapha (a),manner, (b)format or (c)record approved by the corporation.  The corporation shall not be liable for withholding a lottery prize based upon child support arrearage information provided to it.  Additionally, the corporation shall employ the same methods, procedures and parameters to withhold lottery prizes for persons who have delinquent debt as submitted by a claimant agency to the Department of thisRevenue subsection.for recovery under Section 27-7-501 et seq.  The corporation shall not be liable for withholding a lottery prize based upon delinquent debt information provided to it by the Department of Revenue.

     SECTION(2)  23. To (1) the Theextent feasible, the board shall coordinate with thestate Departmentagencies of Human Services to promulgate rules and regulations providing for the withholding of lottery prizes of persons who have outstanding childdebts supportowed arrearages as reported to the corporation,state. beginning at prize levels to be determined by the board.  The corporation may require any agency reporting current child support arrearages to the corporation to provide information relating to such arrearages in a manner, format or record approved by the corporation.  The corporation shall not be liable for withholding a lottery prize based upon child support arrearage information provided to it.  Additionally, the corporation shall employ the same methods, procedures and parameters to withhold lottery prizes for persons who have delinquent debt as submitted by a claimant agency to the Department of Revenue for recovery under Section 27-7-501 et seq.  The corporation shall not be liable for withholding a lottery prize based upon delinquent debt information provided to it by the Department of Revenue.

     (2) SECTION To23.  the(1)  extentUnder feasible,an theappropriate boardjudicial shallorder, coordinateany withprize, stateor agenciesany toportion promulgateof administrativea rulesprize, andor regulationsany providingright forof theany withholdingperson ofto lotterya prizesprize ofawarded, personspayable whoby havethe outstandingcorporation debtsin oweddeferred annuity payments, may be paid to any person other than the state.winner.

     SECTION 24.  (1)  Under an appropriate judicial order, any prize, or any portion of a prize, or any right of any person to a prize awarded, payable by the corporation in deferred annuity payments, may be paid to any person other than the winner.

     (3)  On the filing by the assignor or the assignee in chancery court of a petition seeking approval of a voluntary assignment, the court mayshall issue an order approving a voluntary assignment and directing the corporation to make prize payments as a whole or in part to the assignee if the court finds all of the following:

              (iii)  That the assignor or assignee does currently have a child support arrearage, or the assignor or assignee does owe an obligation to repay any public assistance benefits or an overpayment of child support benefits to the Mississippi Department of Human Services.       The certification from the Mississippi Department of Human ServicesServices, shall be provided to the assignor and the assignee promptly upon the request of the assignor or the assignee, and in no event more than ten (10) business days after the request is received by the Mississippi Department of Human Services.

     (6)  (a)  Neither the state nor the corporation, its board,board of directors, nor any of its officials or employees shall be liable in any manner for any assigned payments made by the corporation pursuant to this section.

     (7)  The assignee shall pay any costs incurred by the corporation related to the assignment.assignments.

and           (b) (b) A A court shall not issue an order authorizing a voluntary assignment under this section.

     SECTION 25. 24.  (1)  The corporation shall enter into its contracts for major procurements after negotiation or bidding.  The corporation may adopt administrativespecial rules and regulations pursuant to the provisions of this act providing for special procedures whereby the Mississippi Lottery Corporation may make any class of procurement. procurement.      (2)  In its bidding processes, the corporation may do its own bidding and procurement or may utilize the services of the Department of Finance and Administration, the Department of Information Technology Services, or other state agencies as appropriate and necessary.  The president of the corporation may, with approval of the board, declare an emergency for purchasing purposes which shall be governed by the administrative rules and regulations adopted by the board.

     SECTION(2)  26. In (1) its (a) bidding Alland moniesnegotiation receivedprocesses, by the corporation frommay thedo saleits ofown lotterybidding tickets and allprocurement otheror sourcesmay shallutilize bethe depositedservices intoof a corporate operating account.  Such account shall be established in a custodian financial institution domiciled in the StateDepartment of MississippiFinance and insuredAdministration, by the FederalDepartment Depositof InsuranceInformation CorporationTechnology andServices, collateralizedor asother prescribedstate byagencies Sectionas 27-105-5. appropriate The corporation may use all monies in the corporate operating account for the purposes of paying prizes and thenecessary.  necessaryThe expensespresident of the corporation andmay, dividendswith toapproval theof state.  The corporation shall estimate and allocate the amountboard, todeclare bean paidemergency byfor thepurchasing corporationpurposes. to prizewinners.

              (b) SECTION (i) 25.  The(1)  investment(a)  ofAll monies inreceived by the corporatecorporation operatingfrom account,the othersale thanof thelottery amounttickets specificallyand requiredall forother thesources purchaseshall ofbe securitiesdeposited forinto paymenta ofcorporate deferredoperating prizes,account.  Such account shall be investedestablished in a mannerfiscal prescribedagent byor thestate board,depository consistentand withcollateralized.  law. The Suchcorporation securitiesmay purchaseduse asall investmentsmonies byin the corporationcorporate shalloperating beaccount issuedfor inthe purposes of paying prizes and the namenecessary expenses of the corporation and shalldividends beto keptthe atstate.  aThe custodiancorporation financialshall institutionestimate domiciledand inallocate the Stateamount ofto Mississippibe insuredpaid by the Federalcorporation Depositto Insuranceprizewinners. Corporation.

                       (ii) (b)  (i)  The investment of monies in the corporate operating account, other than the amount specifically required for the purchase of securities for deferredpayment prizeof paymentsdeferred toprizes, winners, shall be invested only in securities in a manner prescribed by the board, consistent with law.  Such securities purchased as investments by the corporation shall be issued in the name of the corporation and shall be safe kept at a custodian financial institution or Federal Reserve Bank domiciled in the State of MississippiMississippi. insured by the Federal Deposit Insurance Corporation.

              (ii)  The investment of monies in the corporate operating account, other than the amount specifically required for the purchase of securities for deferred prize payments to winners shall be invested only in securities in a manner prescribed by the board, consistent with law.  Such securities purchased as investments by the corporation shall be issued in the name of the corporation and shall be safe kept at a custodian financial institution domiciled in the State of Mississippi or a Federal Reserve Bank.

              (iv)  For the purpose of deferredpayment prizeof paymentsdeferred prizes to winners, the corporation shallmay purchase or invest in only purchase those securities prescribed by the board, consistent with law.

                       (c) (v)  WithinFor twenty (20) days following the closepurpose of eachdeferred calendarprize month,payments to winners, the corporation shall transferpurchase toor theinvest Lotteryin Proceedsonly Fundthose insecurities theprescribed Stateby Treasury the amountboard, ofconsistent netwith proceeds.law.

          (d) (c)  TheWithin apportionmenttwenty (20) days following the close of each calendar month, the totalcorporation shall transfer to the Lottery Proceeds Fund in the State Treasury the amount of net revenues which the corporation determines are surplus to its needs.  Net revenues or proceeds shall be determined by deducting from gross revenues accruingthe payment costs incurred or estimated to be incurred in the operation and administration of the lottery.  This shall include the expenses of the corporation and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the salepurchase or lease of lottery ticketsequipment orand sharesmaterials, fixed capital outlays, and fromthe allpayment otherof sourcesprizes shallto bethe asholders follows:of winning lottery tickets.

                       (i) (d)  The paymentapportionment of prizesthe tototal revenues accruing from the holderssale of winning lottery tickets or shares whichand infrom anyall caseother sources shall be noas lessfollows: than fifty percent (50%) of the total gross revenues accruing from the sale of lottery tickets.

              (ii) (i)  The payment of costsprizes incurredto in the operationholders and administration of thewinning lottery,lottery includingtickets the expenses of the corporation and the costs resulting from any contract or contractsshares entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials, which in noany case shall exceedbe fifteenno less than fifty percent (15%)(50%) of the total gross revenues accruing from the sale of lottery tickets. tickets; However, this restriction shall not apply until after the first twelve (12) months of revenue generation.

                  (2) (ii)  AThe Lotterypayment Proceedsof Fundcosts isincurred hereby established in the Stateoperation Treasury. and Netadministration proceedsof shallthe belottery, depositedincluding intothe thisexpenses fundof asthe providedcorporation inand subsectionthe (1)costs ofresulting thisfrom section. any Moniescontract depositedor contracts entered into thefor Lotterypromotional, Proceedsadvertising Fundor shalloperational beservices investedor byfor the statepurchase inor accordancelease withof statelottery investmentequipment practices, and allmaterials, earningswhich fromin suchno investmentscase shall accrueexceed tofifteen thispercent account. (15%) Noof moniesthe shalltotal berevenues allottedaccruing or expended from thisthe accountsale unless pursuant to a warrant issued as provided under Section 43 of thislottery act.tickets;

    however, SECTIONthis 27. restriction (1) shall Thenot corporationapply mayuntil acceptafter and expend such monies as may be appropriated by the Legislaturefirst ortwelve such(12) moniesmonths as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes, including the payment of therevenue initialgeneration expensesby of administration and operation of the corporation and the lottery.

     (2)  A Lottery Proceeds Fund is hereby established in the State Treasury.  Net lottery proceeds shall be deposited into  this fund as provided in subsection (1) of this section.  Monies deposited into the Lottery Proceeds Fund shall be invested by the state in accordance with state investment practices, and all earnings from such investments shall accrue to this account.  No monies shall be allotted or expended from this account unless pursuant to a warrant issued by the State Fiscal Officer upon requisition of the Transportation Commission for funds to be transferred to the State Highway Fund in accordance with Section 43 of this act.

     SECTION 26.  (1)  The corporation may accept and expend such monies as may be appropriated by the Legislature or such monies as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes, including the payment of the initial expenses of administration and operation of the corporation and the lottery.

     SECTION 28. 27.  (1)  The Legislature hereby recognizes that to conduct a successful lottery, the corporation must develop and maintain a statewide network of lottery retailers that will serve the public convenience and promote the sale of tickets, while ensuringinsuring the integrity of the lottery operations, games and activities.

     (2)  To govern the selection of lottery retailers, the board shall, by administrative rulesregulation, and regulations, develop a list of objective criteria upon which the selection of lottery retailers shall be based.  Separate criteria shall be developed to govern the selection of retailers of instant tickets and online retailers.  In developing these criteria, the board shall consider such factors as the applicant's financial responsibility, location and security of the applicant's place of business or activity, integrity, and reputation;

          (c)  No personperson, partnership, unincorporated association, corporation or other business entity shall be selected as a lottery retailer for the sale of lotteryinstant tickets or online games who:

              (ii)  Has been convicted of any illegal gambling activity, false statements, false swearing or perjury in this or any other jurisdiction, or convicted of any crime punishable by more than one (1) year imprisonment or a felony.fine of more than One Thousand Dollars ($1,000.00), or both.

              (iii)  Has been found to have violated the provisions of this act or any administrative rulesregulation and regulations adopted underhereunder, this act, unless either ten (10) years have passed since the violation, or the president and the board find the violation both minor and unintentional in nature.

              (v)  Resides in the same household as an officer or board member of the corporation.

     SECTION 29. 28.  (1)  NoIn lotteryaddition retailer contract awarded pursuant to thisthe actprovisions shallof beSection transferable27 orof assignable. this Noact, lotteryno retailerperson, shallpartnership, contractunincorporated withassociation, anycorporation personor forother lotterybusiness goodsentity orshall servicesbe exceptselected withas thean approvalonline oflottery theretailer board.who:

     (2)      Each(a)  lotteryHas retailerbeen shalldenied be issued a lotterylicense retailer certificate which shall be conspicuously displayed at the place where the lottery retailer is authorized to sell lotteryinstant tickets.  Lottery tickets shallon onlythe bebasis soldof byobjective thecriteria retailerestablished atby the locationboard, statedor onany theprovision lotteryof retailerthis certificate.act.

              (3) (b)  ForHas thefailed convenienceto ofsell thesufficient public,instant alltickets retailersto mayindicate paythat winnersthe uplocation toof Sixan Hundredonline Dollarsgame ($600.00)at afterhis performingor validationher proceduresoutlet appropriatewould be of economic benefit to him or her or the lottery gamecorporation. involved.

     SECTION(2)  30.  The corporationapplicant shall requirenot eachbe lotteryengaged retailerexclusively toin postthe asale letter of creditlottery ortickets.  aHowever, bondthis withsubsection thedoes corporationnot usingpreclude a surety acceptable to the corporation infrom ancontracting amountfor not to exceed twice the averagesale lottery ticket sales of the lottery retailer for the period within which the lottery retailer is required to remit lottery funds to the corporation.  This section does not apply to lottery tickets whichwith arenonprofit, prepaidcharitable byorganizations theor lotteryunits retailers.  The corporation may facilitate the purchase of bondslocal andgovernment lettersin ofaccordance creditwith by establishing lottery retailer pools for the purchaseprovisions of bondsthis andact. letters of credit for lottery retailers.

     SECTION(3)  31. Any (1) lottery Anyretailer contract executed pursuant to this section may, for good cause, be suspended, revoked, or terminated by the corporationpresident withif athe lottery retailer pursuantis found to have violated any provision of this sectionact shallor specifyobjective criteria established by the reasonsboard.  forReview whichof anysuch contractactivities mayshall be cancelled,in denied,accordance revoked,with suspended,the renewalprocedures rejectedoutlined orin terminatedthis byact.  theAll corporation,lottery whichretailer reasonscontracts mayshall include,be butrenewable notannually beafter limitedissuance to:unless sooner cancelled or terminated.

              (a) SECTION Commission29.  of(1)  aAfter violationone (1) year of operation, any retailer who purchased or leased online equipment pursuant to this act and whose sales are equal to or administrativegreater rulesthan the statewide average of sales of online retailers may be reimbursed the cost of the purchase or lease by the corporation as authorized by rule and regulationsregulation adoptedof pursuantthe toboard.  thisThe act.board may purchase the terminals of other retailers who purchased their equipment if the board determines that such purchase is in the best interest of the lottery.

     (2)  No lottery retailer contract awarded pursuant to this act shall be transferable or assignable.  No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.

     (3)  Each lottery retailer shall be issued a lottery retailer certificate which shall be conspicuously displayed at the place where the lottery retailer is authorized to sell lottery tickets.  Lottery tickets shall only be sold by the retailer at the location stated on the lottery retailer certificate.

     (4)  For the convenience of the public, all retailers may pay winners up to Six Hundred Dollars ($600.00) after performing validation procedures appropriate to the lottery game involved.

     SECTION 30.  The corporation shall require each retailer to post a letter of credit or a bond with the corporation using a surety acceptable to the corporation in an amount not to exceed twice the average lottery ticket sales of the retailer for the period within which the retailer is required to remit lottery funds to the corporation.  For the first ninety (90) days of sales of a new retailer, the amount of the bond shall not exceed twice the average estimated lottery ticket sales for the period within which the retailer is required to remit lottery funds to the corporation.  This section does not apply to lottery tickets which are prepaid by the retailers.  The corporation may facilitate the purchase of letters of credit by establishing retailer pools for the purchase of bonds and letters of credit for retailers.

     SECTION 31.  (1)  Any contract executed by the corporation with a retailer pursuant to this section shall specify the reasons for which any contract may be cancelled, suspended, revoked or terminated by the corporation, which reasons shall include, but not be limited to:

          (a)  Commission of a violation of this act or administrative regulations adopted pursuant thereto.

          (f)  The lottery retailer filing for or being placed in bankruptcy or receivership.

          (g)  Any material change in any matter considered by the corporation in executing the contract with the lottery retailer.

     (2)  If, in the discretion of the president, cancellation, denial, revocation, suspension,suspension or rejection of renewal or termination of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of Mississippi, the president may cancel, deny, revoke, suspend, rejectrevoke the renewal, or terminate, after notice and a hearing, any contract issued pursuant to this act.  Such contract may, however, be temporarily suspended by the president without prior notice, pending any prosecution, hearing or investigation, whether by a third party or by the president.  A contract may be cancelled, denied, revoked, suspended, renewalrevoked rejected or terminated by the president for any one or more of the reasons enumerated in this section.

     SECTION 32.  (1)  (a)  All proceeds from the sale of lottery tickets received by a lottery retailer shall constitute a trust fund until paid to the corporation either directly or through the corporation's authorized collection representative.  A lottery retailer shall have a fiduciary duty to preserve and account for lottery proceeds, and lottery retailers shall be personally liable for all proceeds.  Proceeds shall include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes to winners by lottery retailers.  Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand.

          (b)  The corporation shall, by administrative rules and regulations, require lottery retailers to place all lottery proceeds due the corporation in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the lottery retailer until the date they are paid over to the corporation.  EachThe corporation may require a retailer to establish a single, separate electronic funds transfer account, where available, for the purpose of receiving monies from ticket sales, making payments to the corporation, and receiving payments from the corporation.  Unless otherwise authorized in writing by the corporation, each lottery retailer shall establish a separate bank account for lottery proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets.

          (c)  This section shall apply to all lottery tickets generated by computer terminal or other electronic devices and any other tickets delivered to lottery retailers.

     (2)  Lottery tickets may be given by merchants as a means of promoting goods or services to customers or prospective customers subject to approval by the board.corporation.

     (2)  The corporation shall investigate the financial responsibility, security and integrity of any lottery system vendor who submits a bid, proposal or offer.  At the time of submitting such bid, proposal or offer to the corporation, the corporation shallmay require the following items:

however, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of such securities need be disclosed.

          (d)  A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a gaming license of any kind, or had fines or penalties assessed on their license, contract, or operation, and the disposition of such in each such state or jurisdiction.  If any lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, thenall itof the facts and circumstances underlying the failure to receive such a license shall be disclosed.

     (3)  InThe no case shall the corporation enter into a contract for a procurement of any video lottery or video lottery terminal or any other illegal lottery device, and shall onlynot enter into a contract for a procurement forwith any lottery system with a vendor who has not complied with the disclosures required by the corporation and described in subsection (2) of this section,section if required by the corporation, and any contract with such a vendor is void and unenforceable.  Any contract with a vendor who does not comply with such requirements for periodically updating such disclosures during the tenure of a contract as may be specified in such contract isshall voidable and may be terminated by the corporation.  The provisions of this section shall be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the corporation of the competence, integrity, background and character of vendors.

     (4)  (a)  A contract shall not be entered into with any vendor who has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdictionjurisdiction. or with any vendor who is found to be in possession of any illegal lottery device.

     (5)  The corporation may require that each vendorvendor, shall, at the execution of the contract with the corporation, post a performance bond or letter of credit from a bank acceptable to the corporation, in an amount established by the corporationcorporation.  subject to the provisions of Section 31 of this act.  In lieu of the bond, a vendor may, to assure the faithful performance of its obligations, deposit and maintain with the corporation securities that are interest-bearing or accruing and that are rated in one (1) of the three (3) highest classifications by an established nationally recognized investment rating service.  Securities eligible under this subsection are limited to:

     SECTION 36.  (1)  The Mississippi Department of Public Safety shall perform full criminal background investigations on all potential vendors, including potential lottery retailers, and potential employees of the corporation at the level of division headdirector and above, and at any level within a division handling security, and, as determined by the board, on any other employee of the corporation.  The corporation shall reimburse the Department of Public Safety for the actual costs of such investigations.

          (a)  Conduct criminal background investigations and credit investigations on all potential retailers and investigate all potential employees of the corporation not referred to in subsection (1) of this section or not investigated by the Department of Public Safety.

          (c)  ForInspect justat causetimes anddetermined subjectsolely toby the termsdivision of the vendor contract, inspect the facilities of any vendor in order to determine the integrity of the vendor's product and in order to determine whether the vendor is in compliance with its contract.

     SECTION 37.  (1)  (a)  No lottery retailer and no agent, associate, employee, representative or servant of any such person shall allow any illegal lottery device to be on its premises, nor shall any lottery retailer, agent, associate, employee, representative or servant sell a lottery ticket to any person unless the person submits any one (1) of the following forms of identification which establish the age of the person as twenty-one (21) years or older:

              (ii)  A valid and current driver's license of another state which contains a photograph of the person and birth date of the person submitting the driver's license.

              (iv)  A valid and current passport or visa issued by the federal government or another country or nation that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa.

              (v)  A valid and current military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card.

          (b)  Each form of identification listed in paragraph (a) of this subsection must on its face establish the age of the person as twenty-one (21) years of age or older, and there must be no reason to doubt the authenticity or correctness of the identification.  No form of identification mentioned in paragraph (a) of this subsection shall be accepted as proof of age if it is expired, defaced, mutilated or altered.  If the driver's license, state special identification card or lawful identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph of the person.

     (2)  Any lotteryperson retailer who knowingly sells a lottery ticket to a person under twenty-one (21) years of age willshall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for the first offense and, for each subsequent offense, not less than Two Hundred Dollars ($200.00) noror more than One Thousand Dollars ($1,000.00)($1,000.00). and may be disqualified as a lottery retailer.

                   (c)  Any person apprehended while violating the provisions of this subsection shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations.

     SECTION 38.  (1)  Any person, with intent to defraud, who falsely makes, alters, forges, utters, passes or counterfeits a state lottery ticket shall be punished byas imprisonmentprovided forin notsubsection less(2) than one (1) year and not more than twenty (20) years, by a fine of notthis moresection. than Fifty Thousand Dollars ($50,000.00), or by both such fine and imprisonment.

     (2)  Any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception or tampering with lottery equipment or materials shall be punished by imprisonment for not less than one (1) year and not more than twenty (20) years, by a fine of not more than Fifty Thousand Dollars ($50,000.00), or by both such fine and imprisonment.

     SECTION 39.  (1)  No former board member of the board or officer of the corporation, or a corporation or other entity owned,owned in whole or in part,part by a former board member or officercorporation ofofficer, the corporation, shall solicit or accept employment or enter into a contract for compensation of any kind with a vendor of the corporation within one (1) year after termination of service with the corporation.

     (2)  The name of any individual who is a board member or an officer or an employee of the corporation shall not appear upon any lottery ticket, lottery game, lottery form or paper used in playing any lottery game.

     (3)  Violation of any provision of this section by a boardmember member,of officerthe board or employeean officer of the corporation shall constitute cause for removal from office or dismissal from employment.

     (4)  The provisions of subsections (1) and (3) of this section shall not apply to ex officio members of the board.board of directors.

     SECTION 40.  (1)  Skimming of lottery proceeds is the intentional excluding, or the taking of any action in an attempt to exclude, of anything or its value from the deposit, counting, collection or computation of gross revenues or net proceeds from lottery activities.

     (3)  Whoever commits the crime of skimming of lottery proceeds when the amount skimmedskimmed, or to be skimmedskimmed, is One Thousand Dollars ($1,000.00) or more but less than Ten Thousand Dollars ($10,000.00), shall be imprisoned for not less than three (3) years nor more than ten (10) years without benefit of probation, parole, or suspension of sentence, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00),($25,000.00). or both.

     (4)  Whoever commits the crime of skimming of lottery proceeds when the amount skimmedskimmed, or to be skimmedskimmed, is Ten Thousand Dollars ($10,000.00) or more shall be imprisoned for not less than ten (10) years norand not more than twenty-five (25) years without benefit of probation, parole, or suspension of sentence, and may be fined not more than Fifty Thousand Dollars ($50,000.00), or both imprisonment and fine.

     SECTION 41.  No person shall knowingly or intentionally use or possess ana form of illegal lottery device or make a material false statement in any application for a license or proposal to conduct lottery activities or make a material false entry in any book or record which is compiled or maintained or submitted to the corporation pursuant to the provisions of this act.  Any person who violates the provisions of this section shallmay be imprisoned for not less than five (5) yearsand nornot more than ten (10) years without benefit of probation, parole or suspension of sentence,imposition of sentence and may be fined an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) or the dollar amount of the false entry or statement, whichever is greater,greater. or both such fine and imprisonment.

          (b)  Any devicedevice, orlocated equipmentoutside thatof isa incorporate itselfgaming orfacility isthat beingholds useda asvalid partlicense offrom anythe sortMississippi ofGaming aCommission, videowhich lotteryutilizes terminal. a          cathode (c) ray Anytube tickets, payouts, receipts or thevideo likescreen upon which aresymbols, generatednumbers, by,cards, takenfigures, fromfacsimiles, or aredata relatedappear tofor anyobservation sortby ofthe aplayer videoand lotterywhich terminal.is equipped with either:

                  (3) (i)  AllA lawcash enforcementautomatic officerspayout ofdevice, municipalor police              forces,(ii)  sheriff'sA departments,capability, anddesign, thedevice stateor shallprogramming confiscatecapable andof preservereleasing allfree illegalgames, lotterycredits devicesor thatreplays comeand toa theircapability, attentiondesign, fordevice, evidenceor inprogramming theto prosecutionrecord ofthe thosefree individualsgames, incredits possessionor offree same. plays Anyso suchreleased. illegal lottery device will be subject to confiscation and destruction.

              (4) (c)  NeitherAny thevideo statedevice, norlocated anyoutside politicalof subdivision,a agency,corporate agent,gaming facility that holds a valid license from the Mississippi Gaming Commission, which accepts coins or enforcementcredits officerfor thereofthe shallpurpose beof liableadvancing civillythe odds or criminallybenefits to the player for successful completion of the destructionobject of anyplay, illegalor lotterywhich device.may award a cumulative total in excess of fifteen (15) free games or replays.

              SECTION(d)  43. Video Untillottery Juneterminals. 30, 2028, net proceeds generated by the Alyce G.

Clarke     Mississippi(3)  LotteryAll Law,law createdenforcement pursuantofficers toof Sectionsmunicipal 1police throughforces, 46sheriff's ofdepartments, this act and deposited into the Lotterystate Proceedsmay Fundconfiscate underand Sectionimmediately 26(2)destroy ofall thisillegal act,lottery exceptdevices asor otherwiseother providedvideo inmachines thisused section,for shallillegal begambling paidthat intocome the State Highway Fund by warrant issued by the State Fiscal Officer upon requisition of the State Transportation Commission as needed to providetheir fundsattention. to repair, renovate and maintain highways and bridges of the state;

however,     funds(4) paid Any intovideo thelottery Statedevice Highwayor Fundequipment under this section shall be first used for matching federal funds authorized to the state pursuant to any federal highway infrastructure program implemented after September 1, 2018.  However, all such monies deposited into the Lottery Proceeds Fund over Eighty Million Dollars ($80,000,000.00) in apossession fiscal year shall be transferred into the Education Enhancement Fund for the purposes of fundinga thelicensed Earlymanufacturer, Childhoodseller, Learningdistributor, Collaborative,transporter theor Classroomrepairman Supplyin Fundthis and/orstate other educational purposes.  From and after July 1, 2028, the net proceeds shall not be depositedsubject intoto theconfiscation Lottery Proceeds Fund and shalldestruction beunless tranferredsuch todevice theor Stateequipment Generalis Fund,being exceptused for theunlawful amountsgambling overactivities. Eighty Million Dollars ($80,000,000.00) which shall continue to be deposited in the Education Enhancement Fund as provided above.

     SECTION(5)  44. Any Alllaw divisionenforcement heads,agency officerswhich andseizes employeesany illegal lottery device in accordance with this section may, in lieu of the corporationimmediate shalldestruction beof consideredthe publicdevice, servantsfile asa definedpetition in Sectionthe 25-4-103. circuit Allcourt divisionwhere headsthe anddevice officerswas ofseized seeking a judicial determination that the corporationseized aredevice subjectis toan Sectionillegal 25-4-25lottery anddevice.  The petition shall berequire requiredthe topersons fileand aentities Statementfrom ofwhom Economicthe Interestdevice withwas seized and such other persons as the Mississippiagency Ethicsbelieves Commission.may have an interest in the device to appear and show cause why the seized device should not be destroyed as an illegal lottery device.

     SECTION(6)  45. The Toprovisions ensureof this section shall not apply to electronic bingo machines the financialpossession integrityand use of which has been authorized and licensed pursuant to law, video or electronic gaming machines the lottery,possession and use of which has been authorized and licensed pursuant to law and the corporationMississippi throughGaming itsCommission boardor shall:to any lottery game or equipment authorized pursuant to this act.

              (a) (7)  CompileNeither andthe submitstate quarterlynor andany annualpolitical reportssubdivision, andagency, financialagent, statements,or inenforcement complianceofficer withthereof Sectionshall 10(3)(b)be andliable Sectioncivilly 21or criminally for the destruction of thisany act;illegal lottery device.

     SECTION 43.  Until June 30, 2028, revenues generated by the Mississippi Lottery Law, created pursuant to Sections 1 through 46 of this act and deposited into the Lottery Proceeds Fund under Section 25(2) of this act shall be paid into the State Highway Fund by warrant issued by the State Fiscal Officer upon requisition of the State Transportation Commission as needed to provide funds to repair, renovate and maintain highways and bridges of the state;

however, funds paid into the State Highway Fund under this section shall be first used for matching federal funds authorized to the state pursuant to any federal highway infrastructure program implemented after September 1, 2018.  From and after July 1, 2028, the revenue shall be deposited into the Lottery Proceeds Fund shall be transferred to the State General Fund or diverted to other purposes for which the Legislature may determine.

     SECTION 44.  All directors, officers and employees of the corporation shall be considered public servants as defined in Section 25-4-101 et seq., Mississippi Code of 1972.  All directors and officers of the corporation are subject to Section 25-4-25, Mississippi Code of 1972, and shall be required to file a Statement of Economic Interest with the Mississippi Ethics Commission.

     SECTION 45.  To ensure the financial integrity of the lottery, the corporation through its board of directors shall:

          (a)  Compile and submit quarterly and annual reports and financial statements, in compliance with Section 9(3)(b) and Section 20 of this act;

provided * * *,provided, that any agency which employs state service employees may enter into contracts for personal and professional services only if such contracts are approved in compliance with the rules and regulations promulgated by the State Personal Service Contract Review Board under Section 25-9-120(3).  Before paying any warrant for such contractual services in excess of One Hundred Thousand Dollars ($100,000.00), the Auditor of Public Accounts, or the successor to those duties, shall determine whether the contract involved was for personal or professional services, and, if so, was approved by the State Personal Service Contract Review Board;

provided * * *,provided, that any agency may enter into contracts for the personal services of MIB employees without the prior approval of the State Personnel Board or the State Personal Service Contract Review Board;

          (d)  "Actuarial tables" * * *tables" means mean such tables of mortality and rates of interest as adopted by the board in accordance with the recommendation of the actuary.

          (a)  "Public body" means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature.  The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board and the board of trustees of a community hospital as defined in Section 41-13-10.  The term "public body" includes the Mississippi Lottery Corporation.  There shall be exempted from the provisions of this chapter:

              (viii)  License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners;Examiners; * * *and               (ix)  Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15 * * *.;

and               (ix) (x)  HearingsThe andMississippi meetingsLottery ofCorporation. the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15.

                   1.  Purchases which involve an expenditure of more than Fifty Thousand Dollars ($50,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located.  However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($25,000.00) shall be bid.  All references to American Recovery and Reinvestment Act projects in this section shall not apply to programs identified in Division B of the American Recovery and Reinvestment Act.                                         2.  Reverse auctions shall be the primary method for receiving bids during the bidding process.  If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board.  The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board.  If the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel.  However, reverse auction shall not be used for any public contract for design or construction of public facilities, including buildings, roads and bridges.  The Public Procurement Review Board must approve any contract entered into by alternative process.  The provisions of this item shall not apply to the individual state institutions of higher learning.

                   1.  Specifications pertinent to such bidding shall be written so as not to exclude comparable equipment of domestic manufacture.  However, if valid justification is presented, the Department of Finance and Administration or the board of a governing authority may approve a request for specific equipment necessary to perform a specific job.job.  Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job.  In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education.

 Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job.  In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education.

              (v)  Electronic bids.  Agencies and governing authorities shall provide a secure electronic interactive system for the submittal of bids requiring competitive bidding that shall be an additional bidding option for those bidders who choose to submit their bids electronically.  The Department of Finance and Administration shall provide, by regulation, the standards that agencies must follow when receiving electronic bids.  Agencies and governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section.  Any special condition or requirement for the electronic bid submission shall be specified in the advertisement for bids required by this section.  Agencies or governing authorities that are currently without available high speed Internet access shall be exempt from the requirement of this subparagraph (v) until such time that highhigh-speed speed Internet access becomes available.  Any county having a population of less than twenty thousand (20,000) shall be exempt from the provisions of this subparagraph (v).  Any municipality having a population of less than ten thousand (10,000) shall be exempt from the provisions of this subparagraph (v).  The provisions of this subparagraph (v) shall not require any bidder to submit bids electronically.  When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal.

              (ii)  Decision procedure for Certified Purchasing Offices.  In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure:  Purchases may be made from the bidder offering the best value. value. In determining the best value bid, freight and shipping charges shall be included.  Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation.  This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities.  All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration.  No agency or governing authority shall accept a bid based on items or criteria not included in the specifications.

 In determining the best value bid, freight and shipping charges shall be included.  Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation.  This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities.  All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration.  No agency or governing authority shall accept a bid based on items or criteria not included in the specifications.

     If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he or she shall certify in writing from whom the purchase was made, or with whom the repair contract was made.

          (k)  Governing authority emergency purchase procedure.  If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he or she shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made.  At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority.

              (viii)  SingleSingle-source source items.  Noncompetitive items available from one (1) source only.  In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority.  Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter.  In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration.  Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased.

              (xxxvii)  Certain purchases made underby the AlyceMississippi G.Lottery Corporation.  Contracts made by the Mississippi Lottery Corporation pursuant to the Mississippi Lottery Law.

Clarke Mississippi Lottery Law.  Contracts made by the Mississippi Lottery Corporation pursuant to the Alyce G.

Clarke Mississippi Lottery Law.

all factors determined relevant by the governing authority or agency or required by this paragraph (r) shall be duly included in the advertisement to elicit proposals.  After responses to the request for proposals have been duly received, the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the persons or firms submitting proposals.  If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated.  Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations.

     97-33-13.  Any owner, lessee, or occupant of any outhouse or other building, who shall knowingly permit or suffer any of the beforebeforementioned mentioned tables, banks, or games, or any other game prohibited by law, to be carried on, kept, or exhibited in his or her said house or other building, or on his or her lot or premises, being thereof convicted, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00).

     97-33-21.  Any person of full age who shall bet any money or thing of any value with a minor, or allow a minor to bet at any game or gaming-tablegaming table exhibited by him,him or her, or in which he or she is interested or in any manner concerned, on conviction thereof, shall be fined not less than Three Hundred Dollars ($300.00) and imprisoned not less than three (3) months.

     97-33-23.  Any person of full age who shall bet any money or thing of value with a minor, knowing such minor to be under the age of twenty-one (21) years, or allowing any such minor to bet at any game or games, or at any gaming table exhibited by him,him or her, or in which he or she is interested or in any manner concerned, on conviction thereof, shall be punished by imprisonment in the Penitentiary not exceeding two (2) years.

     This section shall apply to minors under the age of twenty-one (21) aswith itregard might apply to the operation of any game or lottery authorized by Sections 1 through 46 of this act.

     97-33-31.  If any person, in order to raise money for himself or another, or for any purpose whatever, shall publicly or privately put up a lottery to be drawn or adventured for, he or she shall, on conviction, be imprisoned in the Penitentiary not exceeding five (5) years.

     97-33-33.  If any person shall in any way advertise any lottery whatever, no matter where located, or shall knowingly have in his possession any posters or other lottery advertisements of any kind * * *‑, save a regularly issued newspaper containing such an advertisement without intent to circulate the same as an advertisement * * *‑, he or she shall, on conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or be imprisoned in the county jail not exceeding three (3) months, or both.

     97-33-35.  If any newspaper published or circulated in this state shall contain an advertisement of any lottery whatever, or any matter intended to advertise a lottery, no matter where located, the editor or editors, publisher or publishers, and the owner or owners thereof permitting the same, shall be guilty of a misdemeanormisdemeanor * * *, and, on conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), and be imprisoned in the county jail not less than ten (10) days nor more than three (3) months, for each offense.  The issuance of each separate daily or weekly edition of the newspaper that shall contain such an advertisement shall be considered a separate offense.

     97-33-37.  If any newsdealer or other person shall, directly or indirectly, sell or offer for sale any newspaper or other publication containing a lottery advertisement, he or she shall be guilty of a misdemeanormisdemeanor * * *, and, upon conviction, shall be fined not less than Ten Dollars ($10.00) or imprisoned not less than ten (10) days, or both.

     97-33-39.  If any person shall sell, or offer or expose for sale, any lottery ticket, whether the lottery be in or out of this state, or for or in any other state, territory, district, or country, he or she shall, on conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or imprisoned in the county jail not less than ten (10) days nor more than sixty (60) days, or both.

     97-33-41.  If any person shall buy in this state any lottery ticket, whether the lottery be in or out of this state, or of or in any other state, territory, district, or country, he or she shall, on conviction, be fined not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00), or be imprisoned in the county jail not exceeding ten (10) days, or both.

     97-33-43.  If any railroad company shall suffer or permit the sale of a lottery ticket of any kind on its cars, or at its depots or depot grounds, or by its employees, no matter where the lottery is located, it shall be guilty of a misdemeanormisdemeanor * * *, and, on conviction, shall be fined not less than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00) for every such ticket so sold.

     97-33-45.  If the owner or owners of any steamboat shall suffer or permit the sale of a lottery ticket of any kind on his or their boat, or by his or their employees, no matter where the lottery is located, he or she or they shall be guilty of a misdemeanor and shall, on conviction, be punished as prescribed in Section 97-33-43.

     97-33-47.  If any person shall act as agent for any lottery or lottery company, no matter where domiciled or located, or if he shall assume to so act as agent, or if he or she receive any money or other thing for any such lottery or lottery company, or deliver to any person any ticket or tickets, prize or prizes, or other thing from such lottery or lottery company, he or she shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), and be imprisoned in the county jail not less than three (3) months nor more than six (6) months.

     97-33-49.  Except as otherwise provided in Section 97-33-51, if any person, in order to raise money for himself or another, shall publicly or privately put up or in any way offer any prize or thing to be raffled or played for, he or she shall, on conviction, be fined not more than Twenty Dollars ($20.00), or be imprisoned not more than one (1) month in the county jail.