WSR 99-04-012

PROPOSED RULES

LOTTERY COMMISSION


[ Filed January 22, 1999, 10:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-090.

Title of Rule: WAC 315-33A-060 Quinto and 315-34-060 Lotto, time of drawings.

Purpose: To permit up to one Quinto and one Lotto drawing per day.

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: The amendments to WAC 315-33A-060 and 315-34-060 will permit up to one drawing per day for the on-line games of Quinto and Lotto, respectively.

Proposal Changes the Following Existing Rules: The amendments to WAC 315-33A-060 and 315-34-060 will permit up to one drawing per day for the on-line games of Quinto and Lotto, respectively. Current rules for each game permit drawings only on Wednesday and Saturday.

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: 814 Fourth Avenue, Olympia, Washington, on March 19, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by March 18, 1999, (360) 753-1947.

Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 586-6586, by March 18, 1999.

Date of Intended Adoption: March 19, 1999.

January 22, 1999

Mary Jane Ferguson

Rules Coordinator

OTS-2776.1


AMENDATORY SECTION(Amending WSR 93-19-052, filed 9/10/93, effective 10/11/93)

WAC 315-33A-060
Drawings.

(1) The Quinto drawing pursuant to this chapter shall be held ((once each Saturday evening beginning November 2, 1991, and once each Wednesday evening beginning November 17, 1993, except that the director may change the drawing schedule if Saturday or Wednesday 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, five winning sets with the aid of mechanical drawing equipment which shall be tested before and after that drawing.  Any drawn sets are not declared winners until the drawing is certified by the lottery.  The winning sets shall be used in determining all Quinto 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.  93-19-052, 315-33A-060, filed 9/10/93, effective 10/11/93; 91-20-062, 315-33A-060, filed 9/25/91, effective 10/26/91.]

OTS-2777.1


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 shall be tested before and after that 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.]

Washington State Code Reviser's Office