Session Law
AN ACT
HB 2968
Relating to advertising the
Oregon State Lottery; creating new provisions; and amending ORS 461.220.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 461.220 is amended to read:
461.220. Upon recommendation of the Director of the Oregon
State Lottery, the Oregon State Lottery
Commission shall adopt rules [which] 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) In each lottery
[games] game utilizing tickets, the [close
approximation of the odds of winning some prize or some cash prize as
appropriate for such lottery game] 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) 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[; and].
(3) All television, radio and newspaper advertising of a lottery [games] game [made pursuant to ORS 461.180 (5)] shall
include a disclaimer [explaining] 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 [number] numbers stated [represents] 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) 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) 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) 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) 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) 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. The amendments to ORS 461.220 by section 1
of this 1999 Act do not apply to advertising or advertisements conducted or
broadcast under contracts entered into before the effective date of this 1999
Act. The amendments to ORS 461.220 by section 1 of this 1999 Act do not apply
either to tickets or to paper stock used in machines for video or on-line games
printed before the effective date of this 1999 Act. The amendments to ORS
461.220 by section 1 of this 1999 Act apply to advertising and advertisements
conducted or broadcast under a renewal or extension of an existing contract on
or after the effective date of this 1999 Act.
Approved by the Governor
September 1, 1999
Filed in the office of the
Secretary of State September 2, 1999
Effective date October 23,
1999
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