WSR 05-04-010

EMERGENCY RULES

WASHINGTON STATE LOTTERY


[ Filed January 21, 2005, 3:58 p.m. , effective January 21, 2005 ]


Purpose: To make the public more aware of the Lotto game and to increase revenue for the state.

Citation of Existing Rules Affected by this Order: Amending chapter 315-34 WAC, Lotto 6 of 49.

Statutory Authority for Adoption: Chapter 67.70 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: For increased sales and contributions.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 11, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 11, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 20, 2005.

Ceil Buddeke

Rules Coordinator

OTS-7766.1


AMENDATORY SECTION(Amending WSR 96-15-054, filed 7/15/96, effective 8/15/96)

WAC 315-34-010   Definitions for Lotto.   (1) Number: Any play integer from 1 through 49 inclusive.

(2) Game grids: A field of ((the)) 49 numbers found on the play slip.

(3) Play: One selection of six numbers.

(4) ((Pair)) Set: Two plays.

(5) Play slip: A ((mark-sense)) mark-sensitive game card used by players of Lotto to select plays.

(6) Lotto ticket: A computer-generated receipt evidencing payment for two or more plays in the Lotto game. Tickets shall be issued by ((an on-line terminal)) a licensed lottery retailer and shall list the set of six-number plays that belong to the ticket holder.

[Statutory Authority: RCW 67.70.040. 96-15-054, 315-34-010, filed 7/15/96, effective 8/15/96; 92-11-033, 315-34-010, filed 5/15/92, effective 6/15/92; 90-19-048, 315-34-010, filed 9/14/90, effective 10/15/90.]


AMENDATORY SECTION(Amending WSR 96-15-054, filed 7/15/96, effective 8/15/96)

WAC 315-34-020   Price of Lotto play.   The price of each Lotto play shall be $.50 and shall be sold only in ((pairs)) sets for $1.00.

[Statutory Authority: RCW 67.70.040. 96-15-054, 315-34-020, filed 7/15/96, effective 8/15/96; 92-11-033, 315-34-020, filed 5/15/92, effective 6/15/92; 90-19-048, 315-34-020, filed 9/14/90, effective 10/15/90.]


AMENDATORY SECTION(Amending WSR 90-19-048, filed 9/14/90, effective 10/15/90)

WAC 315-34-030   Play for Lotto.   (1) Type of play: A Lotto player must select six numbers in each play. A winning play is achieved only when 3, 4, 5, or 6 of the numbers selected by the player match, in any order, the six winning numbers drawn by the lottery.

(2) Method of play: The player will use play slips to make number selections. The ((on-line)) lottery terminal will read the play slip and issue ticket(s) with corresponding plays. If a play slip is not available, the ((on-line)) lottery retailer may enter the selected numbers via the keyboard. A player may choose to have the number selections made by the lottery terminal, a random number generator operated by the computer, commonly referred to as "quick ((play)) pick."

[Statutory Authority: RCW 67.70.040. 90-19-048, 315-34-030, filed 9/14/90, effective 10/15/90.]


AMENDATORY SECTION(Amending WSR 03-23-097, filed 11/17/03, effective 11/17/03)

WAC 315-34-040   ((Prize[d][s])) Prizes for Lotto.   (1) The prize amounts to be paid to each Lotto player who selects a winning combination of numbers in the first, second, third(([,])), and (([fourth])) fourth prize categories are as follows:

WINNING

COMBINATIONS

PRIZE

CATEGORIES

PRIZE AMOUNTS ODDS OF WINNING

(ONE PLAY)

All six ((winner [winning])) winning numbers in one play First Prize Jackpot ((1:6,991,908))

1:13,983,816

Any five but not six winning numbers in one play Second Prize $1,000 ((1:27,100))

1:54,201

Any four but not five or six winning numbers in one play Third Prize (([$30]))

$30

((1:516))

1:1,033

Any three but not four, five or six winning numbers in one play Fourth Prize $3 ((1:28))

1:57


(2) Prize amounts.

(a) First prize (jackpot). ((The)) All first prizes will be the amount announced by the director as the Lotto jackpot. The jackpot will be divided equally among all players who selected all six winning numbers in one play (in any sequence).

(b) Second prize. The second prize will be $1,000, which will be paid to each player who selected five of the six winning numbers in one play (in any sequence).

(c) Third prize. The third prize will be $30, which will be paid to each player who selected four of the six winning numbers in one play (in any sequence).

(d) Fourth prize. A $3.00 prize is to be paid to each player who selected three of the six winning numbers in one play (in any sequence).

(e) The holder of a winning ticket may win only one prize per play in connection with the winning numbers drawn and shall be entitled only to the highest prize category won by those numbers.

(f) In the event any player who has selected three, four, five, or six of the six winning numbers does not claim the prize won within one hundred eighty days after the drawing in which the prize was won, that player's prize shall be retained in the state lottery account for further use as prizes, pursuant to RCW 67.70.190.

[Statutory Authority: RCW 67.70.040. 03-23-097, 315-34-040, filed 11/17/03, effective 11/17/03; 01-17-022, 315-34-040, filed 8/6/01, effective 9/6/01; 97-24-076, 315-34-040, filed 12/2/97, effective 1/2/98; 96-15-054, 315-34-040, filed 7/15/96, effective 8/15/96; 94-07-029, 315-34-040, filed 3/8/94, effective 4/8/94; 93-03-008, 315-34-040, filed 1/8/93, effective 2/8/93; 92-11-033, 315-34-040, filed 5/15/92, effective 6/15/92; 92-07-014, 315-34-040, filed 3/6/92, effective 4/6/92; 90-19-048, 315-34-040, filed 9/14/90, effective 10/15/90.]


AMENDATORY SECTION(Amending WSR 01-17-022, filed 8/6/01, effective 9/6/01)

WAC 315-34-050   Ticket purchases.   (1) Lotto tickets may be purchased ((or redeemed during no less than seventeen hours each day)) daily in accordance with a schedule to be determined by the director((, provided that on-line)). Licensed lottery retailers shall sell and redeem tickets only during their normal business hours. Lotto tickets may be purchased only from a licensed lottery retailer.

(2) ((Lotto tickets may be purchased only from a lottery retailer authorized by the director to sell on-line tickets.

(3))) Lotto tickets shall, on the front of the ticket, contain the player's selection of numbers, amount, game grids played, drawing date ((and validation)), ticket serial number and reference numbers. The back of the ticket shall contain overall odds of winning, player instructions, player information and signature area, governing statutes and rules, and the ticket ((serial)) stock number.

[Statutory Authority: RCW 67.70.040. 01-17-022, 315-34-050, filed 8/6/01, effective 9/6/01; 97-24-076, 315-34-050, filed 12/2/97, effective 1/2/98; 90-19-048, 315-34-050, filed 9/14/90, effective 10/15/90.]


AMENDATORY SECTION(Amending WSR 01-17-022, filed 8/6/01, effective 9/6/01)

WAC 315-34-057   Lotto prize claim and payment methods.   The following sets forth requirements for claims and payment of Lotto prizes:

(1) Claims for prize payment shall be made in accordance with chapter 315-30 WAC ((315-30-030(6))).

(2) Prize payments shall be made as follows:

(a) Cash option: After a player has claimed a jackpot prize or a share of a jackpot prize, and after the claim has been validated (including a debt check pursuant to WAC 315-06-125), the player may elect to be paid a one-time single cash payment of fifty percent of his or her share of the announced jackpot, provided:

(i) The player must elect this cash option within sixty days of the validation of his or her prize, by following the procedure required by the lottery;

(ii) If the federal tax code is interpreted by federal authorities to require that this cash option be exercised within sixty days of the drawing for the prize, then (a)(i) of this subsection will not apply and instead, the player must elect this cash option within sixty days of the date of the drawing for the prize;

(iii) The player's choice of payment method as designated by signing the appropriate lottery form is final and may not be changed by the player at a later date.

(b) Annuity: A player who chooses not to elect the cash option or who does not elect the cash option within the sixty-day limit will be paid his or her prize in twenty-five annual installment payments.

[Statutory Authority: RCW 67.70.040. 01-17-022, 315-34-057, filed 8/6/01, effective 9/6/01; 99-19-103, 315-34-057, filed 9/20/99, effective 10/21/99.]


AMENDATORY SECTION(Amending WSR 90-19-048, filed 9/14/90, effective 10/15/90)

WAC 315-34-060   Drawings.   (1) The Lotto drawing shall be held ((each week on Wednesday and Saturday evenings beginning October 24, 1990, except that the director may change the drawing schedule if Wednesday or Saturday is a holiday)) up to once every twenty-four hours, at the discretion of the director.

(2) The drawing will be conducted by lottery officials.

(3) Each drawing shall ((determine, at random, six winning numbers with the aid of mechanical drawing equipment which)) randomly select six winning numbers between 1 and 49. The drawing method shall be tested before and after ((that)) each drawing. Any drawn numbers are not declared winning numbers until the drawing is certified by the lottery. The winning numbers shall be used in determining all Lotto winners for that drawing. If a drawing is not certified, another drawing will be conducted to determine actual winners.

(4) The drawing shall not be invalidated based on the liability of the lottery.

[Statutory Authority: RCW 67.70.040. 90-19-048, 315-34-060, filed 9/14/90, effective 10/15/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 315-34-070 Double Lotto.
WAC 315-34-080 Price of Double Lotto play.
WAC 315-34-090 Prizes for Double Lotto.
WAC 315-34-100 Double Lotto ticket purchases.

Washington State Code Reviser's Office