GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    1

HOUSE BILL 1023

Short Title:     North Carolina State Lottery Act.		(Public)
Sponsors:	Representatives Owens, B. Allen, Holliman, LaRoque (Primary Sponsors);  Jones, McAllister, and Wray.
Referred to:	House Select Committee on the Lottery.

March 31, 2005

A BILL TO BE ENTITLED

AN ACT to establish a state lottery.

The General Assembly of North Carolina enacts:

SECTION 1.  The General Statutes are amended by adding a new Chapter to read:

"Chapter 18C.

"North Carolina State Lottery.

"Article 1.

"North Carolina State Lottery Commission.

"§ 18C‑101.  Creation of Commission.

There is created the North Carolina State Lottery Commission to establish and oversee the operation of a Lottery. The Commission shall be located in the Department of Commerce for budgetary purposes only. It is intended for the Commission to be an independent, self‑supporting, and revenue‑raising agency of the State.

"§ 18C‑102.  Commission membership; appointment; selection of chair; vacancies; removal; meetings.

(a) The Commission shall consist of nine members, three of whom shall be appointed by the Governor, three of whom shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and three of whom shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. Commissioners serve at the pleasure of the appointing authority. The Commission shall select a chair from among its membership.

(b) Of the initial appointees of the Governor, one member shall serve a term of one year, one member shall serve a term of two years, and one member shall serve a term of three years. Of the initial appointees of the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one member shall serve a term of one year, one member shall serve a term of two years, and one member shall serve a term of three years. Of the initial appointees of the General Assembly upon the recommendation of the Speaker of the House of Representatives, one member shall serve a term of one year, one member shall serve a term of two years, and one member shall serve a term of three years. All succeeding appointments shall be for terms of three years.

(c) Vacancies shall be filled within 30 days of their occurrence by the appointing authority for the unexpired portion of the term in which they occur.

(d) The Commission shall meet upon the call of the chair. A majority of the total membership of the Commission shall constitute a quorum.

(e) Members of the Commission shall receive per diem, subsistence, and travel as provided in G.S. 138‑5 and G.S. 138‑6.

"§ 18C‑103.  Qualifications of Commissioners.

(a) At least one of the Commissioners appointed by the Governor shall have a minimum of five years' experience in law enforcement.

(b) At least one of the Commissioners appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate shall be a certified public accountant.

(c) At least one of the Commissioners appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall have retail sales experience.

(d) No person shall be appointed as a Commissioner who has been convicted of a felony."

SECTION 2.  This act is effective when it becomes law.