Chapter 83 Oregon Laws 2001

AN ACT

SB 278

Relating to lottery game rulemaking requirements; amending ORS 461.220 and 461.240.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 461.220 is amended to read:

461.220. (1) Upon recommendation of the Director of the Oregon State Lottery, the Oregon State Lottery Commission shall adopt rules that specify the number and value of prizes for winning tickets or shares in each lottery game including, without limitation, cash prizes, merchandise prizes, prizes consisting of deferred payments or annuities and prizes of tickets or shares in the same lottery game or other lottery games conducted by the Oregon State Lottery. [, provided:]

[(1)] (2) In each lottery game utilizing tickets, the following information shall be printed on each ticket:

(a) A close approximation of the odds of winning some prize or some cash prize, as appropriate for the lottery game.

(b) An approximation of a payout percentage that will be returned to players in the form of prizes for the lottery game. For on-line games, the approximation may be based on the average payout percentage over several prior years.

(c) The statement that “Lottery games are based on chance, should be played for entertainment only and should not be played for investment purposes.”

[(2)] (3) A detailed tabulation of the estimated number of prizes of each particular prize denomination that are expected to be awarded in each lottery game and the close approximation of the odds of winning such prizes shall be available at each location at which tickets or shares in such lottery games are offered for sale to the public.

(4) Notwithstanding subsection (1) of this section, the commission may specify by rule the number and value of prizes for lottery games that use video devices or that use tickets or shares that allow a player to manually reveal covered play symbols, or the commission may make such information available at each location that offers such games using video devices, tickets or shares for sale to the public.

[(3)] (5) All television, radio and newspaper advertising of a lottery game shall include a disclaimer representing a close approximation of the odds of winning some prize and an approximation of the amount that will be returned to the players in the form of prizes for the game in the following words: “The odds of winning some prize are one in (some number). The prize payout percentage is (some number).” where the numbers stated represent a close approximation of the odds of winning some prize and the prize payout percentage. However, this subsection does not apply to advertising the purpose of which is to advertise the location where tickets may be purchased or to provide information about the winners.

[(4)] (6) All television, radio and newspaper advertising of lottery games funded by the lottery commission, including advertising that is intended to indicate where tickets may be purchased or to provide information about prize winners, shall include the disclaimer that “Lottery games are based on chance, should be played for entertainment only and should not be played for investment purposes.”

[(5)] (7) All television, radio and newspaper advertising intended to publicize projects or programs funded by lottery dollars shall include the disclaimer that “Lottery games are based on chance and should be played for entertainment only.” However, this subsection does not apply to any such advertising that has the sole purpose of educating the public about gambling addiction or available treatments.

[(6)] (8) All billboard advertising intended to promote a lottery game, to indicate where tickets may be purchased or to provide information about prize winners shall include the disclaimer that “Lottery games should not be played for investment purposes.”

[(7)] (9) All billboard advertising intended to publicize projects or programs funded by lottery dollars shall include the disclaimer that “Lottery games should be played for entertainment only.”

[(8)] (10) A disclaimer required by this section to be included in a written advertisement shall be of a size and in a form that allows an individual to readily notice and read the statement. A disclaimer required by this section to be included in a television or radio advertisement shall be spoken aloud and, in the case of television, must also be displayed visually in a form that allows an individual to readily notice and read the statement.

SECTION 2. ORS 461.240 is amended to read:

461.240. (1) Upon recommendation of the Director of the Oregon State Lottery, the Oregon State Lottery Commission shall adopt rules specifying the retail sales price for each ticket or share for each lottery game. However, no ticket or share shall be sold for more than the retail sales price established by the commission.

(2) Notwithstanding subsection (1) of this section, the commission may specify by rule the retail sales price for tickets or shares that allow a player to manually reveal covered play symbols or may print the retail sales price on the ticket or share.

Approved by the Governor April 18, 2001

Filed in the office of Secretary of State April 18, 2001

Effective date January 1, 2002

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