Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-03-114.

     Title of Rule and Other Identifying Information: In compliance with regulatory reform and rules review, the Washington's lottery commission has revised the language in chapters 315-06, 315-08, 315-10 WAC; seeks to repeal WAC 315-11A-156 Instant Game 156, $2 Win for Life and 315-11A-183 Instant Game 183, $2 Win for Life, as these describe lottery scratch games no longer offered; revise chapter 315-12 WAC; and seeks to repeal all of chapter 315-36 WAC, Lucky for Life and chapter 315-37 WAC, Lotto Plus, as these describe lottery draw games no longer offered. These revisions reflect improved organization of the rules in the chapters and improve grammatical structure.

     Hearing Location(s): Washington's Lottery, 814 4th Avenue, Olympia, WA 98506, on April 22, 2008, at 2:00 p.m.

     Date of Intended Adoption: April 22, 2008.

     Submit Written Comments to: Jana Jones, P.O. Box 43000, Olympia, WA 98506, e-mail jjones@walottery.com, fax (360) 586-1039, by April 18, 2008.

     Assistance for Persons with Disabilities: Contact Joan Reuell, TTY (360) 586-0933 or (360) 664-4818.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise chapters 315-06, 315-08, 315-10, 315-12 WAC, by improving on grammar, organization, and use of accurate descriptive words reflecting existing lottery business practice. Also, to repeal WAC 315-11A-156, 315-11A-183, chapters 315-12 and 315-36 WAC, as these are lottery games no longer offered.

     Reasons Supporting Proposal: In furtherance of regulatory reform and improved organization and reading of TITLE 315 WAC.

     Statutory Authority for Adoption: RCW 67.70.040 (1), (3).

     Statute Being Implemented: RCW 67.70.040.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state lottery commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Jana Jones, Legal Services, Washington's Lottery, (360) 664-4833; Implementation: Christopher Liu, Director, Washington's Lottery, (360) 664-4800; and Enforcement: Len Brudvik, Security Director, Washington's Lottery, (360) 664-4742.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The only business allowed by law to sell lottery products are existing licensed lottery retailers.

     A cost-benefit analysis is not required under RCW 34.05.328.

March 10, 2008

Jana L. Jones

Director of Legal Services

OTS-1379.1

AMENDATORY SECTION(Amending Order 83, filed 12/16/85)

WAC 315-06-030   Lottery retailer's instructions.   Each lottery retailer is to conform to the instructions and requirements established by the director for the delivery and return of tickets, the location and display of lottery materials, the conduct of a specific game, ((or)) and other lottery business.

[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), § 315-06-030, filed 12/16/85. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-030, filed 10/15/82.]

     (2) Lottery retailers shall make payment to the lottery by electronic funds transfer (EFT).

     (3) The director shall establish payment terms for purchase of instant tickets and shall issue instructions for such payments to lottery retailers.

[Statutory Authority: RCW 67.70.040. 94-03-020, § 315-06-035, filed 1/7/94, effective 2/9/94; 89-05-015 (Order 114), § 315-06-035, filed 2/9/89; 86-01-060 (Order 83), § 315-06-035, filed 12/16/85; 85-09-004 (Order 72), § 315-06-035, filed 4/5/85.]

     (a) The ((back of)) tickets for a specific game;

     (b) All printed promotional and advertising materials for a specific game, including but not limited to, brochures, posters, billboards, placards, and point-of-sale displays.

     (2) The estimated ((average)) probability of purchasing a winning ticket shall be communicated in television and radio commercials for a specific game.

     (3) The estimated ((average)) probability of purchasing a winning ticket for each category of prize in a specific game shall be conspicuously displayed as part of:

     (a) The "how-to-play" brochure which explains the procedures for the lottery's ((on-line)) draw games; and

     (b) The brochures of instructions to lottery retailers for the conduct of specific scratch games.

     (4) The disclosure required by this section shall not apply to generic promotional and advertising materials publicizing the Washington state lottery which do not promote a specific ((on-line)) draw game or a specific scratch ticket theme.

[Statutory Authority: RCW 67.70.040. 02-12-065, § 315-06-040, filed 5/31/02, effective 7/1/02; 01-12-040, § 315-06-040, filed 5/30/01, effective 6/30/01; 86-01-060 (Order 83), § 315-06-040, filed 12/16/85; 84-01-004 (Order 42), § 315-06-040, filed 12/8/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-040, filed 10/15/82.]

     No ((such)) sales of lottery tickets shall be made on premises used primarily for residential purposes, in or on the property of any ((school)) educational facility, or ((in or upon the property of any)) facility operated primarily for providing welfare services to the poor or infirmed, or ((in any facility)) maintained solely for religious worship.

[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), § 315-06-050, filed 12/16/85. Statutory Authority: RCW 67.70.040 and 67.70.050. 83-05-029 (Order 14), § 315-06-050, filed 2/10/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-037 (Order 2), § 315-06-050, filed 10/15/82.]

[Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-070, filed 10/15/82.]

[Statutory Authority: RCW 67.70.040. 99-04-077, § 315-06-075, filed 2/2/99, effective 3/5/99.]

     (1) ((A ticket shall not be purchased by, and a prize shall not be paid to any member or employee of the commission or to [any] [a] spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any member or employee of the commission, or to any assistant attorney general assigned to advise the commission or director.

     (2) A prize claimed by a holder of a winning ticket shall not be shared with any member or employee of the commission or any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any member or employee of the commission.

     (3))) Members of the commission and employees of the lottery, or any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any member of the commission or employee of the lottery shall not purchase or share in any portion of or receive the prize winnings of any of Washington's lottery tickets.

     (2) No things of economic value offered by (([the])) prize winners, vendors, contractors, or others conducting business with the lottery, may be accepted by lottery retailers or by any member ((or employee)) of the commission or any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any member ((or employee)) of the commission.

     (((4))) (3) A ticket shall not be purchased by, and a prize shall not be paid to any CPA accounting firm, or its employees, retained by the director of financial management pursuant to ((sections 31 and 32, chapter 7, Laws of 1982 2nd ex. sess.)) RCW 67.70.310 and 67.70.320, or any employee of the director of financial management performing a management review or audit of the commission or director.

     (((5))) (4) A ticket shall not be sold to or purchased by any person under the age of eighteen. Nothing in this section shall prohibit the purchase of a ticket for the purpose of making a gift by a person eighteen years of age or older to a person less than that age.

     (((6))) (5) A ticket shall not be purchased with ((food stamps)) public assistance electronic benefit cards or coupons and a lottery retailer shall not accept these as consideration for a ticket ((food stamps or coupons)).

[Statutory Authority: RCW 67.70.040. 90-11-040, § 315-06-080, filed 5/10/90, effective 6/10/90; 86-01-060 (Order 83), § 315-06-080, filed 12/16/85; 84-22-047 (Order 68), § 315-06-080, filed 11/7/84. Statutory Authority: 1982 2nd ex.s. c 7 §§ 4 and 5. 83-03-033 (Order 9), § 315-06-080, filed 1/14/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-037 (Order 2), § 315-06-080, filed 10/15/82.]

[Statutory Authority: RCW 67.70.040. 88-17-024 (Order 111), § 315-06-090, filed 8/11/88; 86-01-060 (Order 83), § 315-06-090, filed 12/16/85. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-090, filed 10/15/82.]

[Statutory Authority: RCW 67.70.040. 89-17-021 (Order 118), § 315-06-115, filed 8/7/89, effective 9/7/89.]

     (2) A claim shall be entered in the name of one claimant, which shall be either a natural person, association, corporation, general or limited partnership, club, trust, estate, society, company, joint stock company, receiver, trustee, or another acting in a fiduciary or representative capacity whether appointed by a court or otherwise. A claim which includes one or more tickets with an address label or stamp on the back of the ticket shall be deemed to have been entered in the name of one claimant: Provided, That if the address label or stamp contains the name of more than one claimant, the prize payment will be made to the one who has signed the ticket and/or claim form or, if there is no signature, to the first claimant listed on the address label or stamp. If there are two or more claimant names written or signed on the ticket, lottery personnel shall return the ticket(s) to claimants and shall request that the claimants sign a notarized statement relinquishing ownership to one claimant. The claimant must submit his or her Social Security number (SSN) or the federal employer's identification number (FEIN) when claiming any prize exceeding six hundred dollars.

     (3) A claim may be entered in the name of a claimant other than a natural person only if the claimant is a legal entity and possesses a federal employer's identification number (FEIN) as issued by the Internal Revenue Service, such number is shown on the claim form and the entity's terms comply with subsection (4) of this section. Groups, family units, organizations, clubs, or other organizations which are not a legal entity, or do not possess a federal employer's identification number, shall designate one natural person or one legal entity in whose name the claim is to be entered.

     (4) The terms governing a claimant other than a natural person, i.e., articles of incorporation, trust terms, etc., shall be submitted to the director for approval. Terms not in compliance with lottery statutes or rules shall not be approved. Payment shall not be made to a claimant other than a natural person until the director has approved the terms.

     All claimants other than natural persons shall have governing terms which:

     (a) Prohibit deletion, amendment, or addition of terms without the director's approval;

     (b) State the names of all natural persons who have a direct or indirect right or interest in the claimant, each of their percentage interests and their Social Security numbers;

     (c) Acknowledge that the debt collection process mandated by RCW 67.70.255 and WAC 315-06-125 shall be applied to the natural persons who hold interests in the claimant through their Social Security numbers; and

     (d) Provide that in the event the claimant ceases to exist prior to the full payout of the prize, the lottery will not make further payment without court order.

     (5) The lottery shall not make payment to a claimant other than a natural person unless the terms governing the claimant include those enumerated in subsection (4) of this section.

     (6) Unless otherwise provided in the rules for a specific type of game, a claimant shall sign the back of the ticket and/or complete and sign a claim form approved by the director. The claimant shall submit the claim form and/or claimant's ticket to the lottery in accordance with the director's instructions as stated in the ((players' manual)) game brochure and/or on the back of the ticket or submit a request for reconstruction of an alleged winning ticket and sufficient evidence to enable reconstruction and that the claimant had submitted a claim for the prize, if any, for that ticket. The claimant, by submitting the claim or request for reconstruction, agrees to the following provisions:

     (a) The discharge of the state, its officials, officers, ((and)) employees, and the commission of all further liability upon payment of the prize; and

     (b) The authorization to use the claimant's name and, upon written permission, photograph for publicity purposes by the lottery.

     (7) A prize must be claimed within the time limits prescribed by the director in the instructions for the conduct of a specific game, but in no case shall a prize be claimed later than one hundred eighty days, except a shared game lottery, after the official end of that instant game or ((the on-line)) draw game drawing for which that ((on-line)) draw game ticket was purchased.

     (8) The director may deny awarding a prize to a claimant if:

     (a) The ticket was not legally issued initially;

     (b) The ticket was stolen from the commission, director, its employees or retailers, or from a lottery retailer; or

     (c) The ticket has been altered or forged, or has otherwise been mutilated such that the authenticity of the ticket cannot be reasonably assured by the director.

     (9) No natural person or legal entity entitled to a prize may assign the right to payment, except under the following limited circumstances:

     (a) That payment of a prize may be made to any court appointed legal representative, including, but not limited to, guardians, executors, administrators, receivers, or other court appointed assignees; and

     (b) When payment of all or part of the remainder of an annuity and the right to receive future annual prize payments has been voluntarily assigned to another person, pursuant to an appropriate judicial order that meets the requirements of RCW 67.70.100(2).

     (10) In the event that there is a dispute or it appears that a dispute may occur relative to any prize, the director may refrain from making payment of the prize pending a final determination by the director or by a court of competent jurisdiction relative to the same.

     (11) A ticket that has been legally issued by a lottery retailer is a bearer instrument until signed. The person who signs the ticket or has possession of an unsigned ticket is considered the bearer of the ticket. Payment of any prize may be made to the bearer, and all liability of the state, its officials, officers, and employees and of the commission, director and employees of the commission terminates upon payment.

     (12) All prizes shall be paid within a reasonable time after the claims are validated by the director and a winner is determined. Provided, prizes paid for claims validated pursuant to WAC 315-10-070(2) shall not be paid prior to one hundred eighty-one days after the official end of that instant game.

     (13) The date of the first installment payment of each prize to be paid in installment payments shall be the date the claim is validated, or the date the winner makes a choice of payment by annual payments or by single cash payment pursuant to WAC 315-34-057. Subsequent installment payments shall be made as follows:

     (a) If the prize was awarded as the result of a drawing conducted by the lottery, installment payments shall be made weekly, monthly, or annually from the date of the drawing in accordance with the type of prize awarded; however, at the director's discretion, the lottery may designate an alternate payment date for regular prize payment; or

     (b) If the prize was awarded in a manner other than a drawing conducted by the lottery, installment payments shall be made weekly, monthly, or annually from the date the claim is validated in accordance with the type of prize awarded. However, at the director's discretion, the lottery may designate an alternate payment date for regular prize payment.

     (((13))) (14) The director may, at any time, delay any payment in order to review a change of circumstances relative to the prize awarded, the payee, the claim or any other matter that may have come to his or her attention. All delayed payments shall be brought up to date immediately upon the director's confirmation and continue to be paid on each originally scheduled payment date thereafter.

     (((14))) (15) If any prize is payable for the life of the winner, only a natural person may claim such a prize. Such "win for life" type prizes shall cease upon the death of the winner or the end of a guaranteed payment period (if any), whichever is later. Win for life prizes may be assigned; and the following conditions apply to such assignments:

     (a) The original winner's actual life shall determine when prize payments cease; and

     (b) The assignee shall be responsible for notifying the lottery of the original winner's death.

     (((15))) (16) The director's decisions and judgments in respect to the determination of a winning ticket or of any other dispute arising from the payment or awarding of prizes shall be final and binding upon all participants in the lottery.

     (((16))) (17) Each lottery retailer shall pay all prizes authorized to be paid by the lottery retailer by these rules during its normal business hours at the location designated on its license.

     (((17))) (18) In the event a dispute between the director and the claimant occurs as to whether the ticket is a winning ticket, and if the ticket prize is not paid, the director may, solely at his or her option, replace the disputed ticket with an unplayed ticket (or tickets of equivalent sales price from any game). This shall be the sole and exclusive remedy of the claimant.

[Statutory Authority: RCW 67.70.040. 00-24-103, § 315-06-120, filed 12/6/00, effective 1/6/01; 00-12-032, § 315-06-120, filed 5/30/00, effective 6/30/00; 99-19-103, § 315-06-120, filed 9/20/99, effective 10/21/99; 97-20-052, § 315-06-120, filed 9/24/97, effective 10/25/97; 96-19-071, § 315-06-120, filed 9/17/96, effective 10/18/96; 96-15-124, § 315-06-120, filed 7/24/96, effective 8/24/96; 94-19-062, § 315-06-120, filed 9/20/94, effective 10/21/94; 93-04-004, § 315-06-120, filed 1/21/93, effective 2/21/93; 91-03-036, § 315-06-120, filed 1/9/91, effective 2/9/91; 89-12-042 (Order 116), § 315-06-120, filed 6/1/89; 87-17-012 (Order 103), § 315-06-120, filed 8/10/87; 87-01-057 (Order 96), § 315-06-120, filed 12/16/86; 86-01-060 (Order 83), § 315-06-120, filed 12/16/85; 85-16-031 (Order 77), § 315-06-120, filed 7/30/85; 84-19-045 (Order 64), § 315-06-120, filed 9/17/84; 84-09-008 (Order 54), § 315-06-120, filed 4/9/84; 84-01-002 (Order 41), § 315-06-120, filed 12/8/83. Statutory Authority: RCW 67.70.040 and 67.70.050. 83-05-029 (Order 14), § 315-06-120, filed 2/10/83.]

     (a) The assignor's name. For an initial assignment, the winner's name as it appears on the prize claim form;

     (b) The assignee's name;

     (c) The citizenship or resident alien number of the assignee (if a natural person).

     (2) The certified copy of the order must be served on the director at least twenty working days prior to the annual payment date to allow for a change in the payee. The director shall not be liable for failure to pay an annual payment to an assignee if service of the order and presentation of the required information for tax withholding purposes described in subsection (3) of this section is not timely made.

     Lifetime cash winners may assign nonguaranteed payments provided that the original winner has properly verified they are still eligible to receive their prize pursuant to WAC 315-36-110(5). The lottery's obligation to issue assigned payments shall terminate upon the death of the original winner.

     (3) Payment shall be made payable to the name of the assignee designated in the judicial order and to no other name ((and)). Federal income tax withholding shall be deducted from each payment and reported to the Internal Revenue Service. The assignee shall provide its social security number, if a natural person, or tax identification number, if a legal entity, to the director at the time the judicial order is served for the purpose of reporting tax withholding to the Internal Revenue Service and for the purpose of applying the debt collection process as described in subsection (5) of this section.

     (4) RCW 67.70.100 authorizes the director to charge actual costs for each assignment and deduct such costs from the initial annuity payment made to the assignee. In determining actual costs the director has considered the staff time required to determine the sufficiency of the judicial order or amended order and to process the initial payment; telegraphic and long distance telephone communications, photocopying, postage, and private delivery service; and legal services directly related to determining the sufficiency of the judicial order and processing of the initial payment, including legal services and costs associated with any legal proceeding in which the agency is represented by the office of the attorney general. The director has determined the following costs shall be deducted from the initial annuity payment made to each assignee, unless paid pursuant to subsection (e):

     (a) Assignment of whole annuity payments (one or more years) resulting in payment only to the assignee during each year of the assignment: $250; or

     (b) Assignment of a portion/percentage of annuity payments resulting in annual payments to one or more assignees and/or the original prize winner: $300 for the first year of the assignment, plus $75 for each year thereafter;

     (c) Assignment pursuant to an amended order of assignment, resulting in annual payments to the same number of assignees as in the original order: $250;

     (d) Assignment pursuant to an amended order of assignment, resulting in annual payments to one or more assignees in addition to the assignees in the original order of assignment: $300 for the first year of the amended order of assignment, plus $75 for each year thereafter;

     (e) If payment of the total fees due for costs for processing an order or amended order is received by the Lottery together with and at the same time as the required certified copy of the order or amended order, the fees will not be deducted from annual payments;

     (f) The director shall review these costs at least biennially from December 1, 1997, and shall recommend adjustments, if necessary, for commission consideration and approval.

     (5) The debt collection process mandated by RCW 67.70.255 and WAC 315-06-125 shall be applied to all payments made to any person pursuant to a voluntary assignment. The term person shall have the same meaning as the definition set forth in WAC 315-02-180.

[Statutory Authority: RCW 67.70.040. 98-15-114, § 315-06-123, filed 7/20/98, effective 8/20/98; 97-20-052, § 315-06-123, filed 9/24/97, effective 10/25/97; 96-15-124, § 315-06-123, filed 7/24/96, effective 8/24/96.]

     (a) Creditor - Any state agency or political subdivision of this state that maintains records of debts owed to the state or political subdivision, or that the state is authorized to enforce or collect.

     (b) Debt - A judgment rendered by a court of competent jurisdiction or obligations established pursuant to RCW 50.20.190, 51.32.240, 51.48.140, 74.04.300, 74.20A.040, 74.20A.055 and 82.32.210 or administrative orders as defined in RCW 50.24.110, 51.32.240, 51.48.150, and 74.20A.020(6).

     (c) State - The state of Washington.

     (d) Two working days - Two days not to include Saturdays, Sundays, and holidays as defined in RCW 1.16.050 commencing the day following the date the claim was validated by the lottery.

     (e) Verification - A facsimile or photo copy of a judgment or final order received by the lottery during the requisite two working day period.

     (f) Individual - A natural person.

     (2) Any creditor may submit, to the lottery, in a format specified by the director, ((data processing tapes containing)) debt information ((specified)) required by the ((director)) Revised Code of Washington. ((Tapes)) Debt information medium which do not contain the required information or are not in the proper format will be returned to the creditor. The creditor submitting debt information ((tapes)) shall provide replacement ((tapes)) debt information medium on a regular basis at intervals not to exceed one month or less than one week. The creditor shall be solely responsible for the accuracy of the information contained therein.

     (3) Creditors submitting ((data processing tapes)) debt information medium in the proper format to the lottery shall also submit the name or names of designated contact persons.

     (4) The lottery shall include the debt information submitted by the creditor in its validation and prize payment process. The lottery shall delay payment of a prize, exceeding six hundred dollars, for a period not to exceed two working days, to any individual prize winner or to any other prize winner which has an individual holding a direct or indirect interest in the prize winner, and who owes a debt to a creditor pursuant to the information submitted in subsection (2) of this section. The lottery shall make a reasonable attempt to contact the creditor's designated contact person(s) by phone, followed by written correspondence, including e-mail, to verify the debt. Three phone calls, excluding busy signals, shall constitute a reasonable attempt. The prize shall be paid to the prize winner if the debt is not verified by the submitting creditor within two working days. If the debt is verified, the prize shall be disbursed pursuant to subsection (9) of this section.

     (5) It shall be the obligation of the prize winner to provide the lottery with the names, Social Security numbers, and percentage interests of the individuals who collectively hold one hundred percent of the interest in the prize.

     (6) Where an individual holds an interest in a prize claimed by another individual, the lottery must be informed of that interest, its percentage and the Social Security number (SSN) of the nonclaimant individual who holds the interest, prior to the validation and prize payment process described herein; otherwise, the Social Security number of the claimant individual and the full net amount of the prize will be used in completing the processing required under this section.

     (7) Where the right to payment to an individual who holds an interest in a prize winner is discretionary with a third party or is contingent, the tax ID number of the prize winner shall be used in completing the processing required under this section, rather than the Social Security number of said individual.

     (8) A creditor shall verify the debt by submitting to the lottery at lottery headquarters in Olympia, Washington within the requisite two working day period, a facsimile or photocopy of a judgment or final order which is the basis for the debt.

     (9) Prior to disbursement, any verified debts owed to a creditor by the individual winner of any lottery prize exceeding six hundred dollars or by an individual holding more than a six hundred dollar interest in a prize winner shall be set off against the prize owing to the individual or against the proportionate interest of the individual in the prize winner. In the event a prize winner or an individual holding more than a six hundred dollar interest in a prize winner owes debts to more than one creditor, and the total prize to that winner or individual is insufficient to pay all debts, the set off shall be paid to the creditors on a pro rata basis based on the amount of debt owed to each creditor unless priority is established by statute.

[Statutory Authority: RCW 67.70.040. 93-23-012, § 315-06-125, filed 11/5/93, effective 12/6/93; 93-11-056, § 315-06-125, filed 5/12/93, effective 6/12/93; 93-04-004, § 315-06-125, filed 1/21/93, effective 2/21/93; 91-20-062, § 315-06-125, filed 9/25/91, effective 10/26/91; 87-01-057 (Order 96), § 315-06-125, filed 12/16/86.]

     (2) Prize moneys will be paid according to the law of descent and distribution, chapter 11.04 RCW, of the state of Washington if the winner thereof dies intestate regardless of whether the prize winner was domiciled at the time of the prize winner's death in the state of Washington.

     (3) The director may rely wholly on the presentment of certified copies of a court's appointment of an administrator or executor, guardian, conservator or on any other evidence that a person is entitled to the payment of any prize winnings then due.

     (4) The payment to the estate of the deceased winner of any prize winnings by the director shall absolve the director, the commission and employees of the ((commission)) lottery of any further liability for payment of said prize winnings. ((The director need not look to the payment of the prize winnings beyond the payee thereof.))

     (5)(a) Where the party who claimed a prize from the lottery was an individual, and the individual has died, the estate of the deceased individual prize winner may petition the lottery director to have the payment of an installment prize accelerated and paid to the estate at the installment prize's present cash value in lieu of receiving continued payments. The director may grant the petition if, in the director's sole discretion, payment of the remaining installments in a single, present cash value payment is in the best interests of the state lottery.

     (b) The estate of an individual which has a community property interest in a prize, may petition the lottery director to have the payment of its interest in an installment prize accelerated and paid to the estate at the installment prize's present cash value in lieu of receiving continued payments. The director may grant the petition if, in the director's sole discretion, payment of the remaining installments in a single, present cash value payment is in the best interests of the state lottery. Payment to the surviving spouse of the remaining community property interest shall continue in installments.

     (6) The director may petition any court of competent jurisdiction to request a determination for the payments of any prize winnings which are or may become due the estate of a deceased winner or a winner under a disability because of, but not limited to, underage, mental deficiency, or physical or mental incapacity.

     (7) If the legatee(s) or heir(s) of a deceased winner entitled to prize winnings obtains an order from a court of competent jurisdiction directing payments due and to become due from the director to be paid directly to said legatee(s) or heir(s) or otherwise directs the director to make payments to another in the event of a winner's disability or otherwise, the director shall pay the prize winnings accordingly after application of that process mandated by RCW 67.70.255 and WAC 315-06-125.

     (8) A deceased winner's estate shall be considered to be a winner, and payments thereto shall be governed by WAC 315-06-120.

[Statutory Authority: RCW 67.70.040. 94-19-062, § 315-06-130, filed 9/20/94, effective 10/21/94; 93-04-004, § 315-06-130, filed 1/21/93, effective 2/21/93; 84-05-008 (Order 51), § 315-06-130, filed 2/7/84. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-037 (Order 2), § 315-06-130, filed 10/15/82.]

     (2) The director shall appoint in accordance with the laws of the state of Washington a sufficient number of competent persons to act as Washington state lottery law enforcement officers, may remove them from a law enforcement capacity without cause, and shall define their rank and duties.

     (3) The director may appoint employees to serve as special deputies, with such restricted police authority as the director shall designate as being necessary and consistent with their assignment to duty.

     (4) The director shall apply for certification as a criminal justice agency pursuant to WAC 446-20-050 and shall designate specific employees for the collection and dissemination of criminal history record information, and for undercover audit or investigative work or other security operations.

     (5) The director ((shall)) may issue a badge and shall issue an identification card to each employee designated as a lottery law enforcement officer.

     (6) The director shall develop cooperative arrangements with other criminal justice agencies in the state of Washington for enforcement of laws related to lottery activities.

     (7) The director shall issue guidelines for the conduct of lottery law enforcement personnel.

[Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-210, filed 10/15/82.]

OTS-1380.1

AMENDATORY SECTION(Amending WSR 90-11-040, filed 5/10/90, effective 6/10/90)

WAC 315-08-010   Expenditure and transfer limits -- State lottery account.   (1) At the outset of fiscal year 1991, and at the outset of each biennium after fiscal year 1991, the commission shall determine by resolution the following:

     (a) The total amount of moneys which may be transferred from the state lottery account to the state's general fund and to the lottery administrative account, pursuant to legislative appropriation; and

     (b) The total amount of moneys which may be expended from the state lottery account for each of the following purposes:

     (i) Payment of retailer compensation;

     (ii) Payment of prizes (which shall not be less than 45 percent of gross annual revenue of the lottery);

     (iii) On-line vendor payments;

     (iv) On-line telecommunications payments;

     (v) Instant game vendor payments;

     (vi) Promotion/advertising; and

     (vii) Any other purposes required by law.

     (2) The commission may amend by resolution the amounts determined under this section based on changes in the revenue stream and/or program requirements.

     (3) The director may exceed approved totals when necessary for sales volume-related expenses provided that such expenditures are reported ((at)) in the next regularly scheduled financial report to the commission ((meeting)).

[Statutory Authority: RCW 67.70.040. 90-11-040, § 315-08-010, filed 5/10/90, effective 6/10/90.]

OTS-1381.1

AMENDATORY SECTION(Amending WSR 05-11-049, filed 5/13/05, effective 6/13/05)

WAC 315-10-010   Instant games -- Authorized -- Director's authority.   ((It is the commission's intent to provide the director broad authority in carrying out the following duties:)) The director shall:

     (1) ((The commission hereby authorizes the director to)) Select, operate, and contract relating to and for the operation of instant games meeting the criteria set forth in this chapter.

     (2) ((The director shall)) Establish final instant game specifications, including the determination of winning tickets, in executed working papers or software requirement specifications((. The director shall)); keep the portions of these documents that are subject to public disclosure available for one hundred eighty days after the end of each game for public review during normal business hours.

     (3) ((The director or designee shall)) Inform commission members of instant game development.

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-010, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 98-08-067, § 315-10-010, filed 3/30/98, effective 4/30/98; 97-04-047, § 315-10-010, filed 1/31/97, effective 3/3/97. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-038 (Order 3), § 315-10-010, filed 10/15/82.]

     (1) Play field is generally the area that may contain play symbols, play symbol captions, prize symbols, prize symbol captions, and validation numbers;

     (2) Play spots are the specific areas where play symbols are located;

     (3) Play symbols are symbols, letters, or numbers appearing in each play spot of a ticket;

     (4) Play symbol captions are small printed characters generally associated with each play symbol which may appear on the play field and correspond with and verify that play symbol. These captions spell out, in full or abbreviated form, the play symbol. There is only one play symbol caption for each play symbol, and each play symbol caption is associated with the three-digit ticket number;

     (5) Prize symbols may be numeric or symbolic representations, printed either in a display printed prize legend or on the play field, which indicate the amount of money a player may win;

     (6) Prize symbol captions may be small printed characters generally associated with each prize symbol appearing on the play field which correspond to and verify that prize symbol. The prize symbol caption is a spelling out, in full or abbreviated form, of the prize symbol;

     (7) Validation number is a unique multidigit number on the ticket;

     (8) Pack-ticket number is a number that may include the game, pack and ticket identifier;

     (9) Retailer verification code is the code on the ticket that the lottery retailer uses to verify instant winners; and

     (10) Odds of winning shall always appear on the back of the ticket.

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-022, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 97-04-047, § 315-10-022, filed 1/31/97, effective 3/3/97.]

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-023, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 98-08-067, § 315-10-023, filed 3/30/98, effective 4/30/98.]

     (a) Higher number. Your (the player's) number is greater than their number.

     (b) Match one or more. Match your play symbols to the winning play symbol(s).

     (c) Bonus play. Find a bonus symbol to win a bonus prize instantly.

     (d) Match two or more consecutive. Match two or more consecutive "Game Cards" within a game to the "Draw Cards" to win the corresponding amount shown on the ticket.

     (e) Match two or more. Match two or more "Game Cards" within a game to the "Draw Cards" to win the corresponding amount shown on the legend on the ticket.

     (f) Three like cards. Get three like cards with one hand to win the corresponding amount shown on the ticket.

     (g) Grand prize drawing. Find a bonus symbol that qualifies you to enter a grand prize drawing or submit one or more nonwinning tickets to enter a grand prize drawing.

     (h) Match symbols. Match a specified number of identical play symbols on a play area.

     (i) Add up "yours." Add up the play symbols designated as "yours" and the total is greater than, less than or equal to the symbol or symbols designated as "theirs."

     (j) Add up. Add up the play symbols and the amount is greater than or equal to the designated symbols on the ticket.

     (k) Tic tac toe. Match three identical play symbols, in a row, column, or diagonal, on a grid in the play area.

     (l) Sequence. Find the designated play symbols in the specified sequential order.

     (m) Spellout. Find the play symbols to form the designated word or words.

     (n) In between. Find the play symbol or symbols designated as "yours" with a value less than the play symbol or symbols designated as "their high value" and greater than the play symbol or symbols designated as "their low value."

     (2) Each of the methods described in subsection (1) of this section may include a special variant such as "automatic win feature," "doubler," "wild card," or "free space" that provides added or alternative methods of winning.

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-024, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 98-08-067, § 315-10-024, filed 3/30/98, effective 4/30/98.]

[Statutory Authority: RCW 67.70.040. 98-08-067, § 315-10-025, filed 3/30/98, effective 4/30/98; 97-04-047, § 315-10-025, filed 1/31/97, effective 3/3/97.]

     (2) There is no required frequency of drawing or method of selection of a winner in an instant game.

     (3) At the director's discretion, an instant game may include a grand prize or second chance drawing(s). The criteria for the grand prize or second chance drawing shall be as follows:

     (a) Finalists for ((a grand prize)) such drawing(s) shall be selected in an elimination drawing(s) from tickets meeting the criteria stated on the ticket and in executed working papers or software requirement specifications or stated in lottery promotional materials, at the discretion of the director. Participation in the elimination drawing(s) shall be limited to such tickets that are actually received or ticket information is actually received and validated by the director on or before a date to be announced by the director. The director may reserve the right to place any semi-finalist whose entry was not entered in the elimination drawing(s) and who is subsequently determined to have been entitled to such entry into an elimination drawing of a subsequent instant game, and the determination of the director shall be final.

     (b) The number of prizes and the amount of each prize in the ((grand prize)) drawing(s) shall be determined by the director to correspond with the size and length of the instant game and to comply with subsection (1) of this section.

     (c) The dates and times as well as the procedures for conducting the ((elimination drawing and grand prize)) drawing(s) shall be determined by the director.

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-030, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 98-08-067, § 315-10-030, filed 3/30/98, effective 4/30/98; 97-04-047, § 315-10-030, filed 1/31/97, effective 3/3/97; 94-03-020, § 315-10-030, filed 1/7/94, effective 2/9/94; 89-21-029, § 315-10-030, filed 10/10/89, effective 11/10/89; 88-17-024 (Order 111), § 315-10-030, filed 8/11/88; 85-22-057 (Order 81), § 315-10-030, filed 11/5/85; 85-16-031 (Order 77), § 315-10-030, filed 7/30/85; 85-09-004 (Order 72), § 315-10-030, filed 4/5/85; 84-05-008 (Order 51), § 315-10-030, filed 2/7/84; 83-16-029 (Order 30), § 315-10-030, filed 8/27/83. Statutory Authority: 1982 2nd ex.s. c 7 § 4. 83-03-034 (Order 10), § 315-10-030, filed 1/14/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-038 (Order 3), § 315-10-030, filed 10/15/82.]

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-035, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 97-04-047, § 315-10-035, filed 1/31/97, effective 3/3/97.]

     (2) In order to participate in a grand prize drawing in which the entry is the submittal of one or more winning or nonwinning tickets, a player must redeem and submit such a ticket or tickets or ticket information within the time limits set forth in chapter 315-06 WAC governing the conduct of that specific game.

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-055, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 97-04-047, § 315-10-055, filed 1/31/97, effective 3/3/97.]

     A lottery retailer may continue to sell tickets for each instant game up to sixty days after the official end of that game.

[Statutory Authority: RCW 67.70.040. 97-04-047, § 315-10-060, filed 1/31/97, effective 3/3/97; 94-03-020, § 315-10-060, filed 1/7/94, effective 2/9/94; 89-09-008 (Order 115), § 315-10-060, filed 4/10/89; 87-17-012 (Order 103), § 315-10-060, filed 8/10/87; 86-12-002 (Order 92), § 315-10-060, filed 5/22/86; 86-01-060 (Order 83), § 315-10-060, filed 12/16/85; 85-09-004 (Order 72), § 315-10-060, filed 4/5/85; 84-05-008 (Order 51), § 315-10-060, filed 2/7/84; 84-01-004 (Order 42), § 315-10-060, filed 12/8/83.]

     (1) To claim an instant game prize of $600.00 or less the claimant may either present the apparent winning ticket to any lottery retailer regardless of where the ticket was purchased, or may present the apparent winning ticket to the lottery by mail or in person. When a retailer is presented with a claim under this section, the retailer shall verify the claim and, if acceptable, make payment of the amount due the claimant. The prizes shall be paid during all normal business hours of that retailer provided that claims can be validated on the lottery's terminal. The retailer shall not charge the claimant any fee for payment of the prize or for cashing a business check drawn on the retailer's account.

     (2) In the event the retailer cannot verify the claim, the claimant shall present a claim to the lottery by mail or in person. If the claim is validated by the lottery, funds shall be forwarded to the claimant in payment of the amount due. In the event that the claim is not validated by the director, the claim shall be denied and the claimant shall be promptly notified.

     (3) To claim an instant prize of more than $600.00, the claimant shall complete a claim form, as provided in WAC 315-06-120, which is obtained from the lottery retailer or the lottery and mail or present in person the completed form together with the apparent winning ticket to the lottery. Upon validation by the director, funds shall be forwarded or presented to the claimant in payment of the amount due, less any applicable federal income tax withholding and deductions pursuant to RCW 67.70.255 and WAC 315-06-125. In the event that the claim is not validated by the director, the claim shall be denied and the claimant shall be promptly notified.

     (4) To claim an instant prize pursuant to WAC 315-10-070(2), the claimant shall notify the lottery of the claim and request reconstruction of the ticket not later than one hundred eighty days after the official end of that instant game or one hundred eighty days from purchase of a computer generated ticket. If the director authorizes reconstruction, the ticket shall not be validated nor the prize paid prior to one hundred eighty days following the official end of that instant game or one hundred eighty days from purchase of a computer generated ticket. A ticket(s) validated pursuant to WAC 315-10-070(2) shall not entitle the claimant entry into the grand prize drawing, if any, for that or any subsequent instant game.

     (5) Any ticket not passing all the validation checks specified by the director is invalid and ineligible for any prize and shall not be paid. However, the director may, solely at his or her option, replace an invalid ticket with an unplayed ticket (or tickets of equivalent sales price from any other current game). In the event a defective ticket is purchased, the only responsibility or liability of the director shall be the replacement of the defective ticket with another unplayed ticket (or tickets of equivalent sale price from any other current game).

[Statutory Authority: Chapter 67.70 RCW. 05-11-049, § 315-10-075, filed 5/13/05, effective 6/13/05. Statutory Authority: RCW 67.70.040. 97-04-047, § 315-10-075, filed 1/31/97, effective 3/3/97.]

     The following section of the Washington Administrative Code is repealed:

WAC 315-10-062

May a lottery retailer continue to sell instant game tickets for a particular game after the official end of that game?

OTS-1383.1

AMENDATORY SECTION(Amending Order 23, filed 6/17/83)

WAC 315-12-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the Washington state lottery commission and the office of the director, Washington state lottery, with the provisions of RCW ((42.17.250 - 42.17.340)) 42.56.040 - 42.56.550, dealing with public records.

[Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-010, filed 6/17/83.]

CITY	SERVICES
EVERETT REGION Casino Square Shopping Plaza 205 E. Casino Road Everett, WA 98204	(a) Sales Representative (b) Payout Center
OLYMPIA REGION 814 - 4th Avenue Olympia, WA 98506	(a) Sales Representative (b) Payout Center (c) Ticket Warehousing
((SEATTLE REGION Georgetown Center 5963 Corson Ave. S., Suite 106 Seattle, WA 98108-2611)) FEDERAL WAY REGION 33701 9th Avenue S Federal Way, WA 98003-6762	(a) Sales Representative (b) Payout Center
SPOKANE REGION East 10517 Sprague Avenue Spokane, WA 99206-3631	(a) Sales Representative (b) Payout Center
VANCOUVER REGION El Camino Fountain Shopping Mall Suite 4 1503 NE 78th Street Vancouver, WA 98665	(a) Sales Representative (b) Payout Center
YAKIMA REGION 9 South 5th Yakima, WA 98901	(a) Sales Representative (b) Payout Center

All records of the commission and director are maintained in the administrative office in Olympia.

[Statutory Authority: RCW 67.70.040. 97-15-122, § 315-12-030, filed 7/23/97, effective 8/23/97; 89-12-042 (Order 116), § 315-12-030, filed 6/1/89; 87-01-057 (Order 96), § 315-12-030, filed 12/16/86; 84-05-008 (Order 51), § 315-12-030, filed 2/7/84. Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-030, filed 6/17/83.]

[Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-050, filed 6/17/83.]

[Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-060, filed 6/17/83.]

     (1) A request ((shall)) may be made in writing upon a form prescribed by the director which shall be available at its administrative office. The form ((shall)) may be presented to any member of the director's staff ((designated by the responsible public records officer to receive requests,)) at the administrative office of the director during customary office hours. The request shall include the following information:

     (a) The name and address of the person requesting the record.

     (b) The time of day and calendar date on which the request was made.

     (c) ((The nature of the request.

     (d))) A reference to the requested record as ((it is described in the current record index)) a specific existing identifiable public record.

((Note:

If the material is not identifiable by reference to the current index, an accurate description of the record is requested.

     (e))) (d) The purpose for which a list of individuals, if so requested, will be used.

     (((f))) (e) The signature of the requestor.

     (2) In all cases in which a member of the public makes a request, it shall be the obligation of the staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.

     (3) Any persons authorized by law to obtain a list of individuals from public records will be required to complete a statement agreeing not to release or use the information for commercial purposes. One or more requests from the same or associated persons for information regarding individuals shall be treated as a request for a list of individuals.

[Statutory Authority: RCW 67.70.040. 97-07-063, § 315-12-080, filed 3/19/97, effective 4/19/97. Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-080, filed 6/17/83.]

[Statutory Authority: RCW 42.17.250. 83-13-080 (Order 23), § 315-12-150, filed 6/17/83.]

     The following sections of the Washington Administrative Code are repealed:

WAC 315-12-040	Operations and procedures.
WAC 315-12-100	Exemptions.

OTS-1382.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 315-11A-156	Instant Game Number 156 ("$2 Win For Life").
WAC 315-11A-183	Instant Game Number 183 ("$2 Win For Life II").

OTS-1384.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 315-36-010	What is Lucky for Life and how do I play?
WAC 315-36-020	How much does a ticket cost?
WAC 315-36-030	What are the prizes for Lucky for Life?
WAC 315-36-040	Can I win more than once on one ticket?
WAC 315-36-050	How is the winning set of numbers selected?
WAC 315-36-060	How often is the winning set of numbers chosen?
WAC 315-36-070	Where can I buy or redeem Lucky for Life tickets?
WAC 315-36-080	What information is included on a Lucky for Life ticket and playslip?
WAC 315-36-090	What are the odds of winning Lucky for Life?
WAC 315-36-100	If more than one person per drawing wins the grand prize, does each person receive the entire prize of $1,000 for life or is the prize split among the winners?
WAC 315-36-110	How is the "Lifetime Cash" type grand prize paid?
WAC 315-36-120	How are prizes, other than the "Lifetime Cash" type grand prize, paid?
WAC 315-36-130	What happens to unclaimed Lucky for Life prizes?
WAC 315-36-140	Definitions for Lucky for Life.
WAC 315-36-150	Suspension or termination of Lucky for Life.

OTS-1385.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 315-37-010	What is Lotto Plus and how do I play?
WAC 315-37-020	How much does a Lotto Plus ticket cost?
WAC 315-37-030	What are the prizes for Lotto Plus and the odds of winning the prizes?
WAC 315-37-040	When will Lotto Plus start?
WAC 315-37-050	How are the winning sets of numbers selected?
WAC 315-37-060	How often are the winning sets of numbers chosen?
WAC 315-37-070	Where can I buy or redeem Lotto Plus tickets?
WAC 315-37-080	What information is included on a Lotto Plus ticket and playslip?
WAC 315-37-090	How are prizes paid?
WAC 315-37-100	What happens to unclaimed Lotto Plus prizes?
WAC 315-37-110	Definitions for Lotto Plus.
WAC 315-37-120	Suspension or termination of Lotto Plus.

© Washington State Code Reviser's Office