Title 50, Chapter 27, Section 21
( 50-27-21)
(a) All proceeds from the sale of the lottery tickets or shares
shall constitute a trust fund until paid to the corporation either
directly or through the corporation's authorized collection
representative. A lottery retailer and officers of a lottery
retailer's business 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 sold to or paid 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 require 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
retailer until the date they are paid over to the corporation. At
the time of such deposit, lottery proceeds shall be deemed to be the
property of the corporation. The corporation may require a retailer
to establish a single separate electronic funds transfer account
where available for the purpose of receiving moneys from ticket or
share sales, making payments to the corporation, and receiving
payments for 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) Whenever any person who receives proceeds from the sale of
lottery tickets or shares in the capacity of a lottery retailer
becomes insolvent or dies insolvent, the proceeds due the
corporation from such person or his estate shall have preference
over all debts or demands. |