WSR 98-24-046

PROPOSED RULES

LOTTERY COMMISSION

[Filed November 25, 1998, 10:40 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-001.

Title of Rule: WAC 315-06-075 and 315-06-085, game sell-outs and hand-marked playslips.

Purpose: To prohibit the sale of any on-line ticket or combination of tickets which would guarantee a jackpot or grand prize; to prohibit persons from making multiple, machine generated entries.

Statutory Authority for Adoption: RCW 67.70.040.

Statute Being Implemented: RCW 67.70.040.

Summary: See "Purpose" above.

Reasons Supporting Proposal: See Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Rules Coordinator, Olympia, (360) 753-1947; Implementation and Enforcement: Merritt D. Long, Director, Olympia, (360) 753-3330.

Name of Proponent: Washington State Lottery Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 315-06-075 will prohibit the sale of any on-line ticket or combination of tickets which would guarantee the purchaser a jackpot or grand prize. WAC 315-06-085 will prohibit persons from making multiple, machine generated entries.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not for the following reasons: (1) The rules have no economic impact on business' cost of equipment, supplies, labor or administrative costs. The rules are designed to establish rules and procedures for the playing of instant lottery games; and (2) the rules will have a negligible impact, if any, on business because they are interpretive. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirements for forms, fees, appearances or other actions by business.

RCW 34.05.328 does not apply to this rule adoption. Said section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive, the lottery does not voluntarily apply this section.

Hearing Location: 808 Fourth Avenue, Olympia, WA, on January 14, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by January 12, 1999, (360) 753-1947.

Submit Written Comments to: Mary Jane Ferguson, Lottery, FAX (360) 586-6586, by January 12, 1999.

Date of Intended Adoption: January 14, 1998 [1999].

November 24, 1998

Mary Jane Ferguson

Rules Coordinator



NEW SECTION



WAC 315-06-075  Game sell-out prohibited No Washington State Lottery retailer shall sell a ticket or combination of on-line lottery tickets, which would guarantee the purchaser a jackpot or grand prize.



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NEW SECTION



WAC 315-06-085  Hand-marked playslips Plays may only be entered manually using the lottery terminal keypad or by means of a play slip provided by the lottery and hand-marked by the player. Retailers shall not permit the use of facsimiles of play slips, copies of play slips, or other materials that are inserted into the terminal's play slip reader that are not printed or approved by the lottery. Retailers shall not permit any device to be connected to a lottery terminal to enter plays, except as approved by the lottery.



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