WSR 02-07-072

PROPOSED RULES

WASHINGTON STATE LOTTERY


[ Filed March 18, 2002, 2:21 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-03-037.

Title of Rule: Amendment to WAC 315-06-040.

Purpose: This amendment will clarify that generic promotional and advertising materials, which do not promote a specific on-line game or a specific scratch ticket theme, do not require disclosure of probability of purchasing a winning ticket.

Statutory Authority for Adoption: RCW 67.70.040.

Statute Being Implemented: RCW 67.70.040.

Summary: The rule clarifies that generic promotional and advertising materials, which do not promote a specific on-line game or a specific scratch ticket theme, do not require disclosure of the probability of purchasing a winning ticket.

Reasons Supporting Proposal: Clarification will aid lottery staff in implementing the rule.

Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Olympia, (360) 664-4833; Implementation and Enforcement: Robert C. Benson, Jr., Acting Director, Olympia, (360) 664-4800.

Name of Proponent: Washington State Lottery, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The amended rule clarifies that generic promotional and advertising materials, which do not promote a specific on-line game or a specific scratch ticket theme, do not require disclosure of the probability of purchasing a winning ticket. The amendment will assist lottery staff in implementation of the rule.

Proposal Changes the Following Existing Rules: The only change is a clarification of the meaning of "generic."

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 administrative actions in the case of the revocation or suspension of a retailer' license; and (2) the rules will have a negligible impact, if any, on the normal operation of business because they are interpretive. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirement for forms, fees, appearances or other actions by business.

RCW 34.05.328 does not apply to this rule adoption. This section does not apply to these proposed rules because the 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: Oxford Suites, 1701 East Yakima Avenue, Yakima, WA, on May 17, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by May 14, 2002, TDD (360) 586-0933, or (360) 664-4833.

Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 586-6586, by May 14, 2002.

Date of Intended Adoption: May 17, 2002.

March 18, 2002

Mary Jane Ferguson

Rules Coordinator

OTS-5450.1


AMENDATORY SECTION(Amending WSR 01-12-040, filed 5/30/01, effective 6/30/01)

WAC 315-06-040   Disclosure of probability of purchasing a winning ticket.   (1) The estimated average probability of purchasing a winning ticket shall be conspicuously displayed on:

(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 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 game or a specific scratch ticket theme.

[Statutory Authority: RCW 67.70.040. 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.]

Washington State Code Reviser's Office