WSR 97-24-075

EMERGENCY RULES

LOTTERY COMMISSION

[Filed December 2, 1997, 3:07 p.m., effective December 31, 1997]

Date of Adoption: November 7, 1997.

Purpose: To amend WAC 315-11A-207 to change the price of the ticket, the prizes available, and the manner of selecting winning tickets.

Citation of Existing Rules Affected by this Order: Amending WAC 315-11A-207.

Statutory Authority for Adoption: RCW 67.70.040.

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: WAC 315-11A-207 governed Instant Game No. 207 "First and Goal," which was intended to be launched in January 1998, with proceeds going toward the funding commitment for the stadium/exhibition center, pursuant to RCW 67.70.240(5).

WAC 315-11A-207 was adopted on September 12, 1997, by the Lottery Commission. Since the rule's adoption on September 12, 1997, lottery sales/marketing staff have obtained additional information concerning player response to a game with proceeds earmarked for the stadium/exhibition center. The new information necessitated changes to the 1998 instant game launch schedule, delaying the launch of "First and Goal" and replacing it with another new game that will be launched in January. The proceeds of the replacement game would go toward the general fund. Because the replacement game is different from "First and Goal" in price, available prizes, and play action, WAC 315-11A-207 must be amended. To prevent a loss of revenue to the state general fund, it is necessary to amend the rule for Instant Game No. 207 so that the game can be launched in January 1998, as planned.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.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.

Effective Date of Rule: December 31, 1997.

November 25, 1997

Mary Jane Ferguson

Rules Coordinator

AMENDATORY SECTION (Amending WSR 97-20-052, filed 9/24/97, effective 10/25/97)

WAC 315-11A-207 Instant Game Number 207. (1) Essential game elements shall appear as set forth in the executed working papers for Instant Game Number 207, on file at the lottery headquarters office.

(2) Price per ticket: ((Three)) Two dollars.

(3) Prizes available: $1, $2, $3, $4, $5, (($6, $10, $15, $20, $25, $30)) $8, $50, $500, (($1,500, $3,000)) $1,000, $5,000, and $10,000. Players may win more than one prize per ticket.

(4) Manner of selecting winning tickets: ((The sum of the yards within a game totals 10 or more. Uncover the word "Touchdown" in the Bonus Play to win $25 instantly.)) Match any of the "Your Numbers" to the "Winning Numbers."