Purpose: To have the drawing days and the prize payouts reflected accurately in the rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 315-34-040(1) and 315-34-060(1).

     Statutory Authority for Adoption: Chapter 67.70 RCW.

     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: The amendment to the Lotto drawing rule (WAC 315-34-060(1)) will reflect the lottery's new drawing days, Monday, Wednesday, and Saturday. Additionally, the prize amounts and odds of winning (WAC 315-34-040(1)) are being amended to reflect accurateness. The agency has taken the appropriate steps to adopt the rules on a permanent basis at its May 12, 2005, commission meeting.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 12, 2005.

Ceil Buddeke

Rules Coordinator

OTS-8113.1

AMENDATORY SECTION(Amending WSR 03-23-097, filed 11/17/03, effective 11/17/03)

WAC 315-34-040   ((Prize[d][s])) Prizes for Lotto.   (1) The prize amounts to be paid to each Lotto player who selects a winning combination of numbers in the first, second, third(([,])) and (([fourth])) fourth prize categories are as follows:

WINNING COMBINATIONS	PRIZE CATEGORIES	PRIZE AMOUNTS	ODDS OF WINNING (ONE PLAY)
All six ((winner [winning])) winning numbers in one play	First Prize	Jackpot	((1:6,991,908)) 1:13,983,816
Any five but not six winning numbers in one play	Second Prize	$1,000	((1:27,100)) 1:54,201
Any four but not five or six winning numbers in one play	Third Prize	(([$30])) $30	((1:516)) 1:1,033
Any three but not four, five or six winning numbers in one play	Fourth Prize	$3	((1:28)) 1:57

     (2) Prize amounts.

     (a) First prize (jackpot). ((The)) All first prizes will be the amount announced by the director as the Lotto jackpot. The jackpot will be divided equally among all players who selected all six winning numbers in one play (in any sequence).

     (b) Second prize. The second prize will be $1,000, which will be paid to each player who selected five of the six winning numbers in one play (in any sequence).

     (c) Third prize. The third prize will be $30, which will be paid to each player who selected four of the six winning numbers in one play (in any sequence).

     (d) Fourth prize. A $3.00 prize is to be paid to each player who selected three of the six winning numbers in one play (in any sequence).

     (e) The holder of a winning ticket may win only one prize per play in connection with the winning numbers drawn and shall be entitled only to the highest prize category won by those numbers.

     (f) In the event any player who has selected three, four, five, or six of the six winning numbers does not claim the prize won within one hundred eighty days after the drawing in which the prize was won, that player's prize shall be retained in the state lottery account for further use as prizes, pursuant to RCW 67.70.190.

[Statutory Authority: RCW 67.70.040. 03-23-097, § 315-34-040, filed 11/17/03, effective 11/17/03; 01-17-022, § 315-34-040, filed 8/6/01, effective 9/6/01; 97-24-076, § 315-34-040, filed 12/2/97, effective 1/2/98; 96-15-054, § 315-34-040, filed 7/15/96, effective 8/15/96; 94-07-029, § 315-34-040, filed 3/8/94, effective 4/8/94; 93-03-008, § 315-34-040, filed 1/8/93, effective 2/8/93; 92-11-033, § 315-34-040, filed 5/15/92, effective 6/15/92; 92-07-014, § 315-34-040, filed 3/6/92, effective 4/6/92; 90-19-048, § 315-34-040, filed 9/14/90, effective 10/15/90.]

     (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)) randomly select six winning numbers between 1 and 49. The drawing method shall be tested before and after ((that)) each 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.]

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