71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 374
 
LC 804/SB 374-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 374
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                            March 21
 
  On page 1 of the printed bill, line 2, delete '461.300' and
insert '461.250, 461.300 and 461.600'.
  After line 3, insert:
  '  { +  SECTION 1. + } ORS 461.250 is amended to read:
  ' 461.250. Upon recommendation of the Director of the Oregon
State Lottery, the Oregon State Lottery Commission shall adopt
rules to establish a system of verifying the validity of tickets
or shares claimed to win prizes and to effect payment of such
prizes, provided:
  ' (1) For the convenience of the public, lottery game retailers
may be authorized by the commission to pay winners of up to
$5,000 after performing validation procedures on their premises
appropriate to the lottery game involved.
  ' (2) No prize shall be paid to any person under 18 years of
age.  { + No video lottery game prize shall be paid to any person
under 21 years of age. + }
  ' (3) No prize may be paid arising from claimed tickets or
shares that are stolen, counterfeit, altered, fraudulent,
unissued, produced or issued in error, unreadable, not received
or not recorded by the Oregon State Lottery by applicable
deadlines, lacking in captions that confirm and agree with the
lottery play symbols as appropriate to the lottery game involved
or not in compliance with such additional specific rules or with
public or confidential validation and security tests of the
lottery appropriate to the particular lottery game involved.
However, the commission may adopt rules to establish a system of
verifying the validity of claims to prizes greater than $600 that
are otherwise not payable under this subsection due to a lottery
game retailer's losing, damaging or destroying the winning ticket
or share while performing validation procedures thereon, and to
effect payment of verified claims. A verification system
established by the commission shall include appropriate public or
confidential validation and security tests.
  ' (4) No particular prize in any lottery game may be paid more
than once, and in the event of a binding determination that more
than one claimant is entitled to a particular prize, the sole
remedy of such claimants is the award to each of them of an equal
share in the prize.
  ' (5) The commission may specify that winners of less than $25
claim such prizes from either the same lottery game retailer who
sold the winning ticket or share or from the lottery itself and
may also specify that the lottery game retailer who sold the
winning ticket or share be responsible for directly paying that
prize.
  ' (6) Holders of tickets or shares shall have the right to
claim prizes for one year after the drawing or the end of the
lottery game or play in which the prize was won. The commission
may define shorter time periods to claim prizes and for
eligibility for entry into drawings involving entries or
finalists. If a valid claim is not made for a prize payable
directly by the lottery commission within the applicable period,
the unclaimed prize shall remain the property of the commission
and shall be allocated to the benefit of the public purpose.
  ' (7)(a) The right of any person to a prize shall not be
assignable, except that:
  ' (A) Payment of any prize may be made according to the terms
of a deceased prize winner's signed beneficiary designation form
filed with the commission or, if no such form has been filed, to
the estate of the deceased prize winner.
  ' (B) Payment of any prize shall be made to a person designated
pursuant to an appropriate judicial order or pursuant to a
judicial order approving the assignment of the prize in
accordance with ORS 461.253.
  ' (b) The director, commission and state shall be discharged of
all further liability with respect to a specific prize payment
upon making that prize payment in accordance with this subsection
or ORS 461.253.
  ' (8) A ticket or share shall not be purchased by, and a prize
shall not be paid to, a member of the commission, the director,
the assistant directors or any employee of the state lottery or
to any spouse, child, brother, sister or parent of such person.
  ' (9) Payments made according to the terms of a deceased prize
winner's signed beneficiary designation form filed with the
commission are effective by reason of the contract involved and
this statute and are not to be considered as testamentary devices
or subject to ORS chapter 112. The director, commission and state
shall be discharged of all liability upon payment of a prize.
  ' (10) In accordance with the provisions of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C.A. app. 525), a
person while in active military service may claim exemption from
the one-year ticket redemption requirement under subsection (6)
of this section. However, the person must notify the commission
by providing satisfactory evidence of possession of the winning
ticket within the one-year period, and must claim the prize or
share no later than one year after discharge from active military
service.'.
  In line 4, delete '1' and insert '2'.
  On page 3, after line 28, insert:
  '  { +  SECTION 3. + } ORS 461.600 is amended to read:
  ' 461.600.  { + (1) + } No tickets or shares in lottery games
shall be sold to persons under the age of 18 years.  { + No video
lottery game wagers shall be made by persons under the age of 21
years.  + }In the case of lottery tickets or shares sold by
lottery game retailers or their employees, such persons shall
establish safeguards to help   { - assure - }   { + ensure + }
that such sales are not made to persons under the age of 18
years. In the case of sales of tickets or shares sold by vending
machines or other devices, the  { + Oregon State Lottery + }
Commission shall establish safeguards to help   { - assure - }
 { + ensure + } that such vending machines or devices are not
operated by persons under the age of 18 years  { + and that no
video lottery game wagers are made by persons under the age of 21
years + }.
   { +  ' (2)(a) A person under the age of 18 years may not
possess a ticket or share in a lottery game. A person under the
age of 21 years may not control or possess a credit or cash slip
from a video lottery game device.
  ' (b) An employee or agent of the commission or any peace
officer may seize a lottery game ticket or share from a person
under the age of 18 years or a credit or cash slip from a video
lottery game device from a person under the age of 21 years.
  ' (c) The Director of the Oregon State Lottery may destroy, or
make such other disposition as may be in the public interest, any
ticket, share or credit or cash slip lawfully seized from a
person who possesses the ticket, share or credit or cash slip in
violation of this section. Any prize money otherwise payable on
the ticket, share or credit or cash slip shall remain the
property of the commission and shall be allocated to the benefit
of the public purpose. + } ' .
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