Chapter 461 — Oregon
State Lottery
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
OREGON STATE LOTTERY
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
461.010 Definitions
461.015 Short
title
461.020 Purpose
461.030 Local
laws preempted; applicability of other laws; severability
461.040 Effect
on other gambling laws
461.050 Location
of offices
ADMINISTRATION
(Oregon State Lottery Commission)
461.100 Oregon
State Lottery Commission; members; duties; meetings
461.110 Criminal
identification information available to lottery; fingerprints; service and
execution of warrants
461.120 Commission
exempt from certain laws; rulemaking; applicability of Administrative
Procedures Act
461.130 Authority
of commission; delegation; contracts for security services
461.140 Annual
budget report
(State Lottery Director)
461.150 State
lottery director; appointment; assistant directors; duties and powers
461.160 Authority
of director to contract for services
461.170 Coordination
between director and commission
461.180 Studies;
accountability; audits; delegation
461.190 Assistant
Director for Security
OPERATION OF LOTTERY
461.200 Operation
of lottery
461.202 Transportation
of gambling devices
461.210 Security
measures; ticket content; rules
461.215 Video
lottery games
461.217 Video
lottery game regulation; limitation on number and placement of terminals; rules
461.220 Number
and value of prizes; required information on lottery tickets; rules;
advertising
461.230 Method
for determining winners; rules
461.240 Sale
price of tickets and shares; rules
461.250 Validation
and payment of prizes; tabulation of sales and prizes; assignment of prizes;
payment on behalf of deceased winner; claim period; ineligibility of lottery
employees; rules
461.253 Voluntary
assignment of prizes; petition for judicial order; issuance of order;
commission intervention in proceeding
461.257 Judicial
order suspending voluntary assignment laws upon finding of adverse tax
consequences for all prize winners
461.260 Distribution
of tickets and shares; rules
LOTTERY GAME RETAILERS
461.300 Selection
of retailers; rules; contracts
461.310 Compensation
for retailers
461.330 Display
of certificate of authority; bond or letter of credit; payments for tickets or
shares
461.335 Temporary
letter of authority; grounds for revocation
LOTTERY VENDORS AND CONTRACTORS
461.400 Procurements
461.410 Vendor
disclosure for major procurements
461.420 Contract
with vendor convicted of crime prohibited
461.430 Contractor
required to comply with applicable laws; performance bond
461.440 Commission’s
authority to contract; rules
461.445 Policy
on payment to contractors
LOTTERY FINANCES
461.500 Lottery
to be self-supporting; allocation of revenues
461.510 State
Lottery Fund; types of disbursements
461.512 Management
of lottery moneys received by county; report on use of moneys
461.520 Establishment
of checking accounts and petty cash fund
461.530 Oregon
State Lottery Fund
461.535 Intercollegiate
Athletic Fund
461.540 Administrative
Services Economic Development Fund
461.543 Sports
Lottery Account; distribution of revenues
461.544 Use
of proceeds of video lottery games
461.547 Distribution
of certain video lottery revenues to counties for economic development
461.548 Video
lottery proceeds to be treated separately from other lottery proceeds
461.549 Use
of video lottery proceeds for treatment of gambling-related behavioral problems
461.550 Expenditure
limitation not applicable to lottery
461.555 Capital
Construction Trust Fund; sources; uses
461.558 Lottery
ending balance
461.560 Taxation
of sales and prizes
PROHIBITED CONDUCT
461.600 Sales
to minors
MISCELLANEOUS
461.700 Additional
disclosure requirements; costs of investigation
461.715 Holding
of certain lottery prizes for child support; rules; procedure
461.725 Enforcement
officers to enforce prohibition on gray machines
461.740 Policy
on hiring by firms receiving lottery-funded benefits
GENERAL PROVISIONS
461.010 Definitions.
Unless the context requires otherwise, the definitions contained in this
chapter shall govern the construction of this chapter.
(1)
“Lottery” or “state lottery” means the Oregon State Lottery established and
operated pursuant to the Constitution of the State of Oregon and this chapter.
(2)
“Commissioner” means one of the members of the lottery commission appointed by
the Governor pursuant to the Constitution of the State of Oregon and this
chapter to oversee the state lottery.
(3)
“Director” means the Director of the Oregon State Lottery appointed by the
Governor pursuant to the Constitution of the State of Oregon and this chapter
as the chief administrator of the Oregon State Lottery.
(4)
“Lottery commission” or “commission” means the five-member body appointed by
the Governor pursuant to the Constitution of the State of Oregon and this
chapter to oversee the lottery and the director.
(5)
“Lottery game” or “game” means any procedure authorized by the commission
whereby prizes are distributed among persons who have paid, or unconditionally
agreed to pay, for tickets or shares which provide the opportunity to win such
prizes.
(6)
“Person” means any natural person or corporation, trust, association,
partnership, joint venture, subsidiary or other business entity.
(7)
“Lottery game retailer” means a person with whom the lottery commission has
contracted for the purpose of selling tickets or shares in lottery games to the
public.
(8)
“Lottery vendor” or “vendor” means any person who submits a bid, proposal or
offer to provide goods or services to the commission or lottery.
(9)
“Lottery contractor” means a person with whom the state lottery has contracted
for the purpose of providing goods and services for the state lottery. [1985
c.2 §1(7); 1985 c.302 §1(7)]
461.015 Short title.
This chapter shall be known as the Oregon State Lottery Act of 1984. [1985 c.2 §1(1);
1985 c.302 §1(1)]
461.020 Purpose.
The people of the State of Oregon declare that the purpose and intent of this
chapter is to provide additional moneys for the public purpose described in
section 4, Article XV of the Constitution of the State of Oregon through the
operation of a state lottery without the imposition of additional or increased
taxes. [1985 c.2 §1(2); 1985 c.302 §1(2)]
461.030 Local laws preempted;
applicability of other laws; severability. (1)
This chapter shall be applicable and uniform throughout the state and all
political subdivisions and municipalities therein, and no local authority shall
enact any ordinances, rules or regulations in conflict with the provisions
hereof.
(2)
Any other state or local law or regulation providing any penalty, disability or
prohibition for the manufacture, transportation, distribution, advertising,
possession or sale of any lottery tickets or shares shall not apply to the
tickets or shares of the state lottery. The gambling laws of the State of
Oregon shall not apply to lottery tickets or shares, or to the operation of the
state lottery established by the Constitution of the State of Oregon and this
chapter.
(3)
If any provision of this chapter or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect without the invalid
provision or application, and to this end the provisions of this chapter are
severable.
(4)
This chapter is dependent and is conditioned upon the passage by the voters at
the November 6, 1984, general election of an amendment to section 4, Article XV
of the Oregon Constitution authorizing state operation of a lottery.
(5)
The Oregon State Lottery is subject to:
(a)
Statewide financial reporting required in ORS 291.040.
(b)
The mass transit assessment under ORS 291.405.
(c)
The deposit of state money to the State Treasurer under ORS 293.265. [1985 c.2 §8(2),(3),(5),(6),(9);
1985 c.302 §8(2),(3),(5),(6),(9)]
461.040 Effect on other gambling laws.
Nothing contained in this chapter shall be construed to repeal or modify
existing state laws with respect to gambling, except that the state-operated
lottery established by the Constitution of the State of Oregon and this chapter
shall not be subject to such laws. [1985 c.2 §1(3); 1985 c.302 §1(3)]
461.050 Location of offices.
The Oregon State Lottery shall have its principal offices in the capital city. [1985
c.302 §8(7)]
461.055 [1995
c.341 §2; 1997 c.645 §1; 1999 c.1093 §16; 2003 c.794 §286; repealed by 2007
c.569 §1]
ADMINISTRATION
(Oregon State Lottery Commission)
461.100 Oregon State Lottery Commission; members;
duties; meetings. (1) The Oregon State Lottery Commission
is hereby created in state government.
(2)(a)
The Oregon State Lottery Commission shall consist of five members appointed by
the Governor and confirmed by the Senate who shall serve at the pleasure of the
Governor.
(b)
The members shall be appointed for terms of four years.
(c)
Vacancies shall be filled within 30 days by the Governor, subject to
confirmation by the Senate, for the unexpired portion of the term in which they
occur.
(3)
At least one of the commissioners shall have a minimum of five years’
experience in law enforcement and at least one of the commissioners shall be a
certified public accountant. No person shall be appointed as a lottery
commissioner who has been convicted of a felony or a gambling related offense.
No more than three members of the commission shall be members of the same
political party.
(4)
The commission shall exercise all powers necessary to effectuate the purpose of
this chapter. In all decisions, the commission shall take into account the
particularly sensitive nature of the lottery and shall act to promote and
insure integrity, security, honesty and fairness in the operation and
administration of the state lottery.
(5)
Lottery commissioners shall be eligible for compensation and expenses under ORS
292.495.
(6)
Lottery commissioners shall file a verified statement of economic interest with
the Oregon Government Ethics Commission and shall be subject to the provisions
of ORS chapter 244.
(7)
The Governor shall select annually from the membership of the commission a
chairperson who serves at the pleasure of the Governor. The chairperson or a
majority of the members of the commission then in office shall have the power
to call special meetings of the commission.
(8)
Meetings of the commission shall be open and public in accordance with state
law. Records of the commission shall be open and available to the public in
accordance with state law. The commission shall meet with the Director of the
Oregon State Lottery not less than monthly to make recommendations and set
policy, to approve or reject reports of the director, to adopt rules and to
transact other business.
(9)
A quorum of the commission shall consist of a majority of the members of the
commission then in office. All decisions of the commission shall be made by a
majority vote of all of the commissioners then in office.
(10)
The commission shall prepare quarterly and annual reports of the operation of
the state lottery. Such reports shall include a full and complete statement of
state lottery revenues, prize disbursements, expenses, net revenues and all
other financial transactions involving state lottery funds. The commission
shall, not less than annually, contact interested parties, including those
named in ORS 461.180 (3), and provide them with such quarterly and annual
reports as they may request. [1985 c.2 §2(1) to (10); 1985 c.302 §2(1) to (10);
1991 c.30 §1]
461.110 Criminal identification
information available to lottery; fingerprints; service and execution of
warrants. (1) Upon the request of the Oregon
State Lottery Commission or the Director of the Oregon State Lottery, the
office of the Attorney General and the Oregon State Police shall furnish to the
director and to the Assistant Director for Security such information as may
tend to ensure security, integrity, honesty and fairness in the operation and
administration of the Oregon State Lottery as the office of the Attorney
General and the Oregon State Police may have in their possession, including,
but not limited to, manual or computerized information and data.
(2)
In order to determine an applicant’s suitability to enter into a contract with
or to be employed by the Oregon State Lottery, each applicant identified in
this subsection shall be fingerprinted. The Assistant Director for Security may
submit to the Department of State Police and to the Federal Bureau of
Investigation, for the purpose of verifying the identity of the following
persons and obtaining records of their arrests and criminal convictions,
fingerprints of:
(a)
With respect to video game retailers, each person for whom ORS 461.300 or an
administrative rule of the Oregon State Lottery Commission requires disclosure
of the person’s name and address;
(b)
With respect to lottery vendors and lottery contractors, each person for whom
ORS 461.410 or an administrative rule of the Oregon State Lottery Commission
requires disclosure of the person’s name and address;
(c)
Applicants for employment with the Oregon State Lottery; and
(d)
With respect to other persons and entities that apply for contracts or have
contracts with the Oregon State Lottery, each person for whom ORS 461.300
requires disclosure of the person’s name and address and for whom the Assistant
Director for Security has prepared written reasons, approved in writing by the director,
for requiring the confirmation of the person’s identity and records.
(3)
For the purpose of requesting and receiving the information described in
subsections (1) and (2) of this section, the Oregon State Lottery Commission is
a state agency and a criminal justice agency and its enforcement agents are
peace officers pursuant to ORS 181.610 to 181.712 and rules adopted thereunder.
(4)
Enforcement agents, designated as such by the commission, shall have the same
authority with respect to service and execution of warrants of arrest and
search warrants as is conferred upon peace officers of this state. [1985 c.2 §2(11),(12);
1985 c.302 §2(11),(12); 1995 c.291 §1; 2007 c.71 §144; 2011 c.547 §47]
461.120 Commission exempt from certain
laws; rulemaking; applicability of Administrative Procedures Act.
(1)(a) Except as otherwise provided by law, the provisions of ORS 279.835 to
279.855 and ORS chapters 279A, 279B, 279C, 282 and 283 do not apply to the
Oregon State Lottery Commission unless otherwise provided by this chapter.
(b)
Officers and employees of the Oregon State Lottery Commission are in the exempt
service for purposes of ORS chapter 240 and other related statutes.
(c)
ORS 276.004 (2), 276.021, 276.093 to 276.098, 276.410 to 276.426, 276.428, 276.440,
291.038, 291.201 to 291.260 and 292.210 to 292.250 do not apply to the Oregon
State Lottery Commission.
(d)
ORS 293.075, 293.190, 293.205 to 293.225 and 293.275 do not apply to the Oregon
State Lottery Commission.
(e)
ORS 279A.100 and ORS chapters 659 and 659A apply to the Oregon State Lottery
Commission.
(f)
Notwithstanding paragraph (a) of this subsection, the provisions of ORS 282.210
shall apply to the Oregon State Lottery Commission.
(2)
The commission shall, in accordance with ORS chapter 183, adopt and enforce
rules to carry out the provisions of this chapter. [1985 c.2 §2(13),(14); 1985
c.302 §2(13),(14); 1991 c.76 §2; 2001 c.621 §80; 2001 c.956 §3; 2003 c.794 §287;
2005 c.217 §26]
461.130 Authority of commission;
delegation; contracts for security services. (1)
Whenever a power is granted to the commission, the power may be exercised by
such officer or employee within the Oregon State Lottery as is designated in
writing by the commission. Any such designation shall be filed in the office of
the Secretary of State.
(2)
The commission shall contract with the Department of State Police to obtain
necessary security services. A contract is not intended to preclude the
assistance of other law enforcement agencies as the need arises.
(3)
The commission shall have the authority to conduct investigations, including
the authority to issue subpoenas to compel the attendance of witnesses and
documents, to take testimony under oath, to take depositions within or outside
the state and to require answers to interrogations. [1985 c.302 §2(15) to (17)]
461.140 Annual budget report.
The Oregon State Lottery Commission shall:
(1)
Prepare and provide an annual budget report to the Governor, the Legislative
Fiscal Officer and the Legislative Revenue Officer in a manner and within a
time frame established by the Legislative Fiscal Officer.
(2)
Furnish the Legislative Assembly with any further information about the state
lottery budget requested by the Legislative Fiscal Officer.
(3)
Upon request, make available a representative to assist the Legislative
Assembly, its Joint Committee on Ways and Means, appointed under ORS 171.555,
and the Legislative Revenue Officer in the consideration of the state lottery
budget and any accompanying measures. [1985 c.302 §15; 2009 c.440 §1]
(State Lottery Director)
461.150 State lottery director;
appointment; assistant directors; duties and powers.
(1) The Governor shall appoint a Director of the Oregon State Lottery, subject
to confirmation by the Senate, who shall serve at the pleasure of the Governor.
The director shall implement and operate a state lottery pursuant to the rules,
and under the guidance, of the commission.
(2)
The director shall be qualified by training and experience to direct the
operations of a state-operated lottery. No person shall be appointed as lottery
director who has been convicted of a felony or any gambling related offense.
(3)
The director shall receive such salary as may be set by the commission with the
approval of the Governor, and shall be reimbursed for all expenses actually and
necessarily incurred in the performance of official duties. The director shall
render full-time service to the duties of office.
(4)
The director shall, subject to the approval of the commission, perform all duties,
exercise all powers and jurisdiction, assume and discharge all responsibilities
and carry out and effect the purposes of this chapter. The director shall act
as secretary and executive officer of the commission. The director shall
supervise and administer the operation of the Oregon State Lottery in
accordance with this chapter, and the rules adopted by the commission. In all
decisions, the director shall take into account the particularly sensitive
nature of the state lottery, and shall act to promote and insure integrity,
security, honesty and fairness of the operation and administration of the state
lottery.
(5)
The director shall recommend to the commission the establishment of rules
pertaining to the employment, termination and compensation of all commission
staff. The rules shall conform to generally accepted personnel practices based
upon merit principles. Under the rules so established, the director may set the
compensation, prescribe the duties and supervise persons so hired. The director
may terminate or otherwise discipline persons so hired. No person shall be
employed by the state lottery who has been convicted of a felony or any
gambling related offense.
(6)
If a lottery employee transfers to a state agency that is subject to ORS
chapter 240, the employee is entitled to transfer accrued sick leave, adjusted
if necessary to reflect the accrual rate in use for management and
unrepresented employees under rules of the Personnel Division.
(7)
Subject to approval of the commission, the director may appoint, prescribe the
duties of and terminate or otherwise discipline no more than four assistant
directors as the director deems necessary. The compensation of each assistant
director shall be established by the director subject to approval of the commission.
The director shall supervise the assistant directors.
(8)
The director and each assistant director shall file a verified statement of
economic interest with the Oregon Government Ethics Commission and shall be
subject to the provisions of ORS chapter 244. [1985 c.2 §3(1) to (7); 1985
c.302 §3(1) to (8)]
461.160 Authority of director to contract
for services. Under the rules of the commission, the
Director of the Oregon State Lottery may contract with any state agency or
political subdivision for the performance of such duties, functions and powers
as the director considers appropriate. [1985 c.302 §7(8)]
461.170 Coordination between director and
commission. The Director of the Oregon State
Lottery shall confer as frequently as necessary or desirable, but not less than
monthly, with the commission, regarding the operation and administration of the
Oregon State Lottery. The director shall make available for inspection by the
commission, upon request, all books, records, files and other information and
documents of the state lottery, and shall advise the commission and recommend
such matters as deemed necessary and advisable to improve the operation and
administration of the state lottery. [1985 c.2 §3(9); 1985 c.302 §3(10)]
461.180 Studies; accountability; audits;
delegation. (1) The Director of the Oregon State
Lottery shall make an ongoing study of the operation and the administration of
the lotteries which may be in operation in other states or countries, of
available literature on the subject, of federal laws which may affect the
operation of the Oregon State Lottery and of the reaction of citizens of the
state to existing or proposed features in lottery games, with a view toward
recommending improvements that will tend to serve the purposes of this chapter.
The director may make recommendations to the commission, Governor and
Legislative Assembly on any matters concerning the secure and efficient
operation and administration of the state lottery and the convenience of the
purchasers of tickets and shares.
(2)
The director shall make and keep books and records which accurately and fairly
reflect each day’s transactions, including but not limited to, the distribution
of tickets or shares to lottery game retailers, receipt of funds, prize claims,
prize disbursements or prizes liable to be paid, expenses and all other
financial transactions involving state lottery funds necessary so as to permit
preparation of financial statements in conformity with generally accepted
accounting principles and to maintain daily accountability.
(3)
The director shall make a monthly financial report to the commission, and upon
request provide copies of such reports to the Governor, the Attorney General,
the Secretary of State, the State Treasurer and the Legislative Assembly. Such
report shall include a full and complete statement of state lottery revenues,
prize disbursements, expenses, net revenues and all other financial
transactions involving state lottery funds for the month.
(4)
After the first six months of sales of tickets or shares to the public, the
director shall engage an independent firm experienced in demographic analysis
to conduct a special study which shall ascertain the demographic
characteristics of the players of each lottery game, including but not limited
to their income, age, sex, education and frequency of participation. This
report shall be presented to the commission, the Governor, the Attorney
General, the Secretary of State, the State Treasurer and the Legislative
Assembly. Similar studies shall be conducted after the first such study from
time to time as determined by the director.
(5)
After the first full year of sales of tickets or shares to the public, the
director shall engage an independent firm experienced in the analysis of
advertising, promotion, public relations, incentives, public disclosures of
odds and numbers of winners in lottery games and other aspects of
communications to conduct a special study of the effectiveness of such
communications activities by the state lottery and make recommendations to the
commission on the future conduct and future rate of expenditure for such
activities. This report shall be presented to the commission, the Governor, the
Attorney General, the Secretary of State, the State Treasurer and the Legislative
Assembly. Until the presentation of such report and action by the commission,
the state lottery shall expend as close to three and one-half percent as
practical of the projected sales of all tickets and shares for advertising,
promotion, public relations, incentives, public disclosures of odds and numbers
of winners in lottery games and other aspects of communications. Similar
studies shall be conducted from time to time after the first such study as
determined by the director.
(6)
After the first nine months of sales of tickets or shares to the public, the
commission shall engage an independent firm experienced in security procedures,
including but not limited to computer security and systems security, to conduct
a comprehensive study and evaluation of all aspects of security in the
operation of the state lottery. Such study shall include, but not be limited
to, personnel security, lottery game retailer security, lottery contractor
security, security of manufacturing operations of lottery contractors, security
against ticket counterfeiting and alteration and other means of fraudulently
winning, security of drawings among entries or finalists, computer security,
data communications security, database security, security in distribution,
security involving validation and payment procedures, security involving
unclaimed prizes, security aspects applicable to each particular lottery game,
security of drawings in lottery games where winners are determined by drawings
of numbers, the completeness of security against locating winners in lottery
games with preprinted winners by persons involved in their production, storage,
distribution or sale and any other aspects of security applicable to any
particular lottery game and to the state lottery and its operations. The
portion of the report containing the overall evaluation of the state lottery in
terms of each aspect of security shall be presented to the commission, the
Governor, the Attorney General, the Secretary of State, the State Treasurer and
the Legislative Assembly. Notwithstanding other provisions of state law, the
portion of the report containing specific recommendations shall be confidential
and shall be presented only to the commission, the Governor and the director.
Similar studies of security shall be conducted biennially thereafter.
(7)
The director may delegate to any of the employees of the Oregon State Lottery
the exercise or discharge in the director’s name of any power, duty or function
of whatever character, vested in or imposed by law upon the director. The
official act of any such person so acting in the director’s name and by the
authority of the director shall be considered to be an official act of the
director. [1985 c.2 §3(10) to (16); 1985 c.302 §3(11) to (17); 1991 c.30 §2;
1997 c.625 §1]
461.190 Assistant Director for Security.
The Assistant Director for Security appointed pursuant to the Constitution of
the State of Oregon and this chapter shall be responsible for a security
division to assure integrity, security, honesty and fairness in the operation
and administration of the Oregon State Lottery, including but not limited to,
an examination of the background of all prospective employees, lottery game
retailers, lottery vendors and lottery contractors. The Assistant Director for
Security shall be qualified by training and experience, including at least five
years of law enforcement experience, and knowledge and experience in computer
security, to fulfill these responsibilities. The Assistant Director for
Security shall, in conjunction with the Director of the Oregon State Lottery,
confer with the Attorney General or designee as the Assistant Director of
Security deems necessary and advisable to promote and insure integrity,
security, honesty and fairness of the operation and administration of the state
lottery. The Assistant Director for Security, in conjunction with the director,
shall report any alleged violation of law to the Attorney General and any other
appropriate law enforcement authority for further investigation and action. [1985
c.2 §3(8); 1985 c.302 §3(9)]
OPERATION OF LOTTERY
461.200 Operation of lottery.
Within 105 days after the confirmation by the Senate of the Director of the
Oregon State Lottery and at least three commissioners, the director shall begin
public sales of tickets or shares. The Oregon State Lottery shall be initiated
and shall continue to be operated so as to produce the maximum amount of net
revenues to benefit the public purpose described in section 4, Article XV of
the Constitution of the State of Oregon, commensurate with the public good.
Other state government departments, boards, commissions, agencies and their
officers shall cooperate with the lottery commission so as to aid the lottery
commission in fulfilling these objectives. [1985 c.2 §4(1); 1985 c.302 §4(1);
1985 c.458 §1(1); 1985 c.520 §1(1)]
461.202 Transportation of gambling
devices. Devices for playing lottery games,
including video lottery game terminals, operated under the authority of the
Oregon State Lottery Commission are exempted from the provisions of 15 U.S.C.
1172. [2009 c.221 §2]
461.210 Security measures; ticket content;
rules. Upon recommendation of the Director of
the Oregon State Lottery, the Oregon State Lottery Commission shall adopt rules
specifying the types of lottery games to be conducted by the Oregon State
Lottery, provided:
(1)
Each lottery game shall contain security measures that are designed to prevent
the redemption of fraudulent tickets. Every lottery ticket or stub printed
after September 29, 1991, shall include a lottery fact which refers to a
specific lottery funded project or the benefits and jobs created for a specific
area of economic activity.
(2)
No name of an elected official shall appear on the tickets of any lottery game.
[1985 c.2 §4(2); 1985 c.302 §4(2); 1985 c.458 §1(2); 1985 c.520 §1(2); 1991
c.76 §1; 1991 c.613 §1; 1991 c.962 §1]
461.213 [1989
c.828 §4(1),(2); 1991 c.345 §1; 1991 c.613 §3; repealed by 2005 c.810 §3]
461.215 Video lottery games.
(1) The Oregon State Lottery Commission may initiate a game or games using
video devices, the proceeds from which shall be transferred to the
Administrative Services Economic Development Fund for allocation as provided by
law.
(2)
In the approval and purchase of video lottery games, game terminals and
equipment, the lottery commission and any game operator, distributor, retailer
or owner shall prefer goods or services that have been manufactured in this
state if price, fitness and quality are otherwise equal.
(3)
The lottery commission shall separately record and account for the costs and
net proceeds of games operated under this section. At such time as the lottery
commission makes the quarterly transfer of net proceeds provided for by ORS
461.540, it shall certify to the Oregon Department of Administrative Services
the amount of such transfer which represents the net proceeds of games provided
for in subsection (1) of this section. [1989 c.828 §6; 1991 c.461 §80; 1991
c.962 §2; 1993 c.18 §117; 2009 c.221 §3]
461.217 Video lottery game regulation; limitation
on number and placement of terminals; rules. (1) As
used in this section, “video lottery game retailer” means a contractor under
contract with the Oregon State Lottery to place video lottery game terminals on
premises authorized by the contract.
(2)
A video lottery game terminal that offers a video lottery game authorized by
the Director of the Oregon State Lottery:
(a)
May be placed for operation only in or on the premises of an establishment that
has a contract with the Oregon State Lottery as a video lottery game retailer.
(b)
Must be within the control of an employee of the video lottery game retailer.
(c)
May not be placed in any other business or location.
(3)
A video lottery game terminal may be placed only on the premises of an establishment
licensed by the Oregon Liquor Control Commission with a full on-premises sales
license, a limited on-premises sales license or a brewery-public house license.
A video lottery game terminal may be placed only in that part of the premises
that is posted by the Oregon Liquor Control Commission as being closed to
minors. In addition to the requirements of this subsection, the director may by
rule establish other criteria and conditions as the director determines
appropriate for the placement of video lottery game terminals in
establishments.
(4)
No more than six video lottery game terminals may be placed in or on premises
described in subsection (3) of this section.
(5)
No more than 10 video lottery game terminals may be placed in or on the
premises of a race meet licensee licensed under ORS 462.020 that qualifies as a
video lottery game retailer. [1991 c.962 §10; 1999 c.351 §16; 2003 c.787 §1;
2007 c.631 §1; 2009 c.221 §4]
461.220 Number and value of prizes;
required information on lottery tickets; rules; advertising.
(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.
(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 online 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.”
(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.
(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.
(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.”
(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.
(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.”
(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.”
(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. [1985 c.2 §4(3); 1985 c.302 §4(3);
1985 c.458 §1(3); 1985 c.520 §1(3); 1991 c.63 §1; 1999 c.1069 §1; 2001 c.83 §1]
461.230 Method for determining winners;
rules. (1) Upon recommendation of the Director
of the Oregon State Lottery, the Oregon State Lottery Commission shall adopt
rules that specify the method for determining winners in each lottery game.
(2)
If a lottery game utilizes a manual drawing of winning numbers, a manual
drawing among entries or a manual drawing among finalists:
(a)
The drawing must be open to the public;
(b)
The drawing must be witnessed by an independent certified public accountant or
a professional representative of an independent certified public accountancy
organization;
(c)
Any equipment used in the drawing must be inspected by the independent
certified public accountant or the professional representative of an
independent certified public accountancy organization and an employee of the
lottery both before and after the drawing; and
(d)
The drawing and such inspections shall be recorded on both video and audio
tape.
(3)(a)
When a drawing is held out of this state in conjunction with other state
lotteries, the Oregon State Lottery shall conduct periodic studies of the
drawing’s security procedures. Any equipment used in a manual drawing must be
inspected both before and after the drawing by a professional representative of
an independent certified public accountancy organization and a representative
of the state lottery designated by the director.
(b)
Any manual drawing and such inspections shall be recorded on both video and
audio tape.
(4)
The lottery may use any of a variety of existing or future methods or technologies
in determining winners. [1985 c.2 §4(4); 1985 c.302 §4(4); 1985 c.458 §1(4);
1985 c.520 §1(4); 1991 c.613 §2; 1997 c.146 §1; 1997 c.625 §2; 1999 c.322 §40;
2003 c.59 §1]
461.240 Sale price of tickets and shares;
rules. (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. [1985 c.2 §4(5); 1985 c.302 §4(5); 1985 c.458 §1(5); 1985
c.520 §1(5); 1989 c.418 §2; 2001 c.83 §2]
461.250 Validation and payment of prizes;
tabulation of sales and prizes; assignment of prizes; payment on behalf of
deceased winner; claim period; ineligibility of lottery employees; rules.
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)
A prize may not be paid to a person under 18 years of age.
(3)
A video lottery game prize may not be paid to a person under 21 years of age.
(4)
A prize may not 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.
(5)
A particular prize in any lottery game may not 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.
(6)
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.
(7)
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.
(8)(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.
(9)
A ticket or share may not be purchased by, and a prize may 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.
(10)
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.
(11)
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 (7) 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. [1985 c.2 §4(6); 1985 c.302 §4(6);
1985 c.458 §1(6); 1985 c.520 §1(6); 1987 c.268 §1; 1991 c.22 §1; 1991 c.613 §4;
1993 c.206 §1; 1995 c.478 §3; 1997 c.249 §160; 1999 c.203 §1; 2003 c.58 §1]
461.253 Voluntary assignment of prizes;
petition for judicial order; issuance of order; commission intervention in
proceeding. (1) Payment of a prize may be made to
any person pursuant to a voluntary assignment of the right to receive future
periodic prize payments, in whole or in part. Payment of a prize pursuant to an
assignment made under this section must be made to a person designated as
assignee under an appropriate judicial order of the circuit court for the
county in which the assignor resides or in which the headquarters of the Oregon
State Lottery Commission are located.
(2)
A copy of the petition for an order described in subsection (1) of this section
and copies of all notices of any hearing in the matter shall be served on the
commission not later than 10 days prior to any hearing or entry of any order. A
nonrefundable processing fee of $500 for each assignee shall be paid to the
commission when the copy of the petition is served on the commission.
(3)
The commission may intervene in a proceeding to protect the interests of the
commission but shall not be considered an indispensable or necessary party.
Notwithstanding the failure or refusal of the commission to appear in any
proceeding, the Director of the Oregon State Lottery, the commission and the
state shall be immune from liability for, and shall be discharged of all
further liability with respect to, any amounts paid according to the terms of
an order issued under this section.
(4)
A circuit court receiving a petition may issue an order approving the
assignment and directing the commission to pay to the assignee all future prize
payments so assigned upon finding that all of the following conditions have
been met:
(a)
The assignment has been memorialized in writing and executed by the assignor
and is subject to Oregon law;
(b)
The assignor provides a sworn declaration to the court attesting that the
assignor is represented by independent legal counsel in connection with the
assignment, has had the opportunity to receive independent financial and tax
advice concerning the effects of the assignment, is of sound mind and is not
acting under duress;
(c)
The proposed assignment does not and will not include or cover payments or
portions of payments that are subject to a 30-day hold under ORS 461.715,
unless appropriate provision is made in the order to satisfy the obligations
giving rise to the hold; and
(d)
The proposed assignment and court order shall not require the commission to
divide any prize payment so that portions of a single prize payment must be
made to more than three persons at a time.
(5)
After receipt of a certified copy of a court order granted under this section,
the commission shall acknowledge in writing to both the assignor and the
assignee the agreement of the commission to make the prize payments in
accordance with the provisions of the order. The commission shall thereafter
make the prize payments in accordance with the order.
(6)
No modification or amendment to any assignment authorized by this section, and
no additional or subsequent assignment of any prize, shall be valid or binding
on the commission unless the modification, amendment or assignment is
authorized by a separate judicial order issued in compliance with this section.
[1995 c.478 §2]
461.257 Judicial order suspending
voluntary assignment laws upon finding of adverse tax consequences for all
prize winners. Notwithstanding ORS 461.250 (8) or
461.253, if it is ever determined that prize winners who do not seek to assign
their prize payments are subject to immediate income taxes on the prize
payments just as if those prize winners had so assigned their prizes, the
Oregon State Lottery Commission may intervene in a proceeding commenced under
ORS 461.253 in order to raise the issue of adverse tax consequences in the
proceeding. If the court determines that ORS 461.250 (8) and 461.253 or the
issuance of an order approving an assignment of prize payments subjects prize
winners who do not seek assignment of prize payments to immediate income taxes
on their prize payments, the court shall refuse to authorize an assignment and
shall issue an order that ORS 461.250 (8) and 461.253 are suspended and are of
no force or effect so long as such determination and adverse tax consequences
are in effect. An order issued by a court under this section shall suspend ORS
461.250 (8) and 461.253 throughout this state. An order issued under this
section shall be final and shall remain in effect unless or until overturned or
modified by a subsequent court order or the order of a reviewing court. [1995
c.478 §5; 2003 c.58 §6]
Note:
461.257 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 461 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
461.260 Distribution of tickets and
shares; rules. Upon recommendation of the Director of
the Oregon State Lottery, the commission shall adopt rules specifying the
manner of distribution, dissemination or sale of lottery tickets or shares to
lottery game retailers or directly to the public, and the incentives, if any,
for Oregon State Lottery employees, if any, engaged in such activities. [1985 c.2
§4(7); 1985 c.302 §4(7); 1985 c.458 §1(7); 1985 c.520 §1(7)]
LOTTERY GAME RETAILERS
461.300 Selection of retailers; rules;
contracts. (1) The Oregon State Lottery Commission
shall adopt rules specifying the terms and conditions for contracting with lottery
game retailers so as to provide adequate and convenient availability of tickets
or shares to prospective buyers of each lottery game as appropriate for each
such game. Nothing in this subsection is intended to preclude the lottery from
selling tickets or shares directly to the public.
(2)(a)
The Director of the Oregon State Lottery shall, pursuant to this chapter, and
the rules of the commission, select as lottery game retailers such persons as
deemed to best serve the public convenience and promote the sale of tickets or
shares. A person under the age of 18 may not be a lottery game retailer. In the
selection of a lottery game retailer, the director shall consider factors such
as financial responsibility, integrity, reputation, accessibility of the place
of business or activity to the public, security of the premises, the
sufficiency of existing lottery game retailers for any particular lottery game
to serve the public convenience and the projected volume of sales for the
lottery game involved.
(b)
Except when the director recommends, and the commission concludes, that it is
reasonable and prudent to waive disclosure requirements under this section and
that to do so will not jeopardize the fairness, integrity, security and honesty
of the lottery, prior to the execution of any contract with a lottery game
retailer, the lottery game retailer shall disclose to the lottery the names and
addresses of the following:
(A)
If the lottery game retailer is a corporation but not a nonprofit private club
as described in ORS 471.175, the officers, each director who owns or controls
three percent or more of the voting stock and each stockholder who owns 10
percent or more of the outstanding stock in such corporation.
(B)
If the lottery game retailer is a trust, the trustee and all persons entitled
to receive income or benefit from the trust.
(C)
If the lottery game retailer is an association but not a nonprofit private club
as described in ORS 471.175, the members, officers and directors.
(D)
If the lottery game retailer is a subsidiary but not a nonprofit private club
as described in ORS 471.175, the officers, each director who owns or controls
three percent or more of the voting stock and each stockholder who owns 10
percent or more of the outstanding stock of the parent corporation thereof.
(E)
If the lottery game retailer is a partnership, joint venture or limited
liability company, all of the general partners, limited partners, joint
venturers, members of a limited liability company whose investment commitment
or membership interest is 10 percent or more, and managers of a limited
liability company.
(F)
If the parent company, general partner, limited partner, joint venturer,
stockholder, member or manager of a limited liability company is itself a
corporation, trust, association, subsidiary, partnership, joint venture or
limited liability company, then the director may require that all of the
information required by this paragraph be disclosed for such other entity as if
it were itself a lottery game retailer to the end that full disclosure of
ultimate ownership be achieved.
(G)
If any member, 18 years of age or older, of the immediate family of any video
lottery game retailer, or any member, 18 years of age or older, of the
immediate family of any individual whose name is required to be disclosed under
this paragraph, is involved in the video lottery game retailer’s business in
any capacity, then all of the information required in this paragraph shall be
disclosed for such immediate family member as if the family member were a video
lottery game retailer.
(H)
If any immediate family member, 18 years of age or older, of any lottery game
retailer, other than a video lottery game retailer, or of any person whose name
is required to be disclosed under this paragraph is involved in the lottery
game retailer’s business in any capacity, then the lottery game retailer shall
identify the immediate family member to the Oregon State Lottery, and shall
report the capacity in which the immediate family member is involved in the
lottery game retailer’s business if requested by the director. Full disclosure
of immediate family members working in the business may be required only if the
director has just cause for believing the immediate family member may be a
threat to the fairness, integrity, security or honesty of the lottery.
(I)
If the lottery game retailer is a nonprofit private club as described in ORS
471.175, the treasurer, officers, directors and trustees who oversee or direct
the operation of the food, beverage, lottery or other gambling-related
activities of the nonprofit private club and each manager in charge of the
food, beverage, lottery or other gambling-related activities of the nonprofit
private club.
(J)
Any other person required by rule of the commission.
(c)
Any person required to disclose information under paragraph (b) of this
subsection shall disclose additional information for retail contract approval
that the director determines to be appropriate.
(d)
The commission may refuse to grant a lottery game retail contract to any
lottery game retailer or any natural person whose name is required to be
disclosed under paragraph (b) of this subsection, who has been convicted of
violating any of the gambling laws of this state, general or local, or has been
convicted at any time of any crime. The lottery may require payment by each
lottery game retailer to the lottery of an initial nonrefundable application
fee or an annual fee, or both, to maintain the contract to be a lottery game
retailer.
(e)
A person who is a lottery game retailer may not be engaged exclusively in the
business of selling lottery tickets or shares. A person lawfully engaged in
nongovernmental business on state or political subdivision property or an owner
or lessee of premises which lawfully sells alcoholic beverages may be selected
as a lottery game retailer. State agencies, except for the state lottery,
political subdivisions or their agencies or departments may not be selected as
a lottery game retailer. The director may contract with lottery game retailers
on a permanent, seasonal or temporary basis.
(3)
The authority to act as a lottery game retailer is not assignable or
transferable.
(4)
The director may terminate a contract with a lottery game retailer based on the
grounds for termination included in the contract or commission rules governing
the contract. The grounds for termination must include, but are not limited to,
the knowing sale of lottery tickets or shares to any person under the age of 18
years or knowingly permitting a person under the age of 21 years to operate a
video lottery game terminal.
(5)
Notwithstanding subsection (4) of this section, when a lottery game retail
contract requires the lottery game retailer to maintain a minimum weekly sales
average, the lottery game retailer may avoid termination of the contract for
failure to meet the minimum weekly sales average by agreeing, prior to
termination, to pay the state lottery the difference between the actual weekly
cost incurred by the lottery to maintain the contract and the weekly proceeds
that are collected by the lottery from the sales of that lottery game retailer,
less expenses that are dedicated by statute, rule or contract to other
purposes. The director may not terminate the contract of a lottery game
retailer for failure to meet a minimum weekly sales average unless the director
first allows the lottery game retailer an opportunity to make the payment
described in this subsection.
(6)
The commission shall adopt by rule an alternative dispute resolution process for
disputes arising from a contract with a lottery game retailer that must be
included in every contract between the commission and lottery game retailers.
The commission shall develop the dispute resolution process required by this
section in conformity with ORS 183.502. [1985 c.2 §5(1) to (4); 1985 c.302 §5(1)
to (4); 1995 c.728 §1; 1997 c.483 §§1,2; 1999 c.351 §17; 2003 c.58 §2; 2005
c.166 §1; 2005 c.267 §1; 2010 c.33 §3]
461.310 Compensation for retailers.
Upon recommendation of the Director of the Oregon State Lottery, the commission
shall determine the compensation to be paid to lottery game retailers for their
sales of lottery tickets or shares. Until the commission shall otherwise
determine, the compensation paid to lottery game retailers shall be five
percent of the retail price of the tickets or shares plus an incentive bonus of
one percent based on attainment of sales volume or other objectives specified
by the director for each lottery game. In cases of a lottery game retailer
whose rental payments for premises are contractually computed in whole or in
part, on the basis of a percentage of retail sales, and where such computation
of retail sales is not explicitly defined to include sales of tickets or shares
in a state-operated lottery, the compensation received by the lottery game
retailer from the Oregon State Lottery shall be deemed to be the amount of the
retail sale for the purposes of such contractual computation. [1985 c.2 §5(5);
1985 c.302 §5(5)]
461.330 Display of certificate of authority;
bond or letter of credit; payments for tickets or shares.
(1) No lottery tickets or shares shall be sold by a lottery game retailer
unless the lottery game retailer has on display on the premises a certificate
of authority signed by the Director of the Oregon State Lottery to sell lottery
tickets or shares.
(2)
The director may require a bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 from any lottery game retailer in
an amount specified in the Oregon State Lottery rules adopted by the commission
or may purchase a blanket bond or a blanket letter of credit issued by an
insured institution as defined in ORS 706.008 covering the activities of all or
a selected group of lottery game retailers.
(3)
No payment by lottery game retailers to the lottery for tickets or shares shall
be in cash. All such payments shall be in the form of a check, bank draft,
electronic fund transfer or other recorded financial instrument as determined
by the director. [1985 c.2 §5(7) to (9); 1985 c.302 §5(7) to (9); 1991 c.331 §66;
1997 c.631 §476]
461.335 Temporary letter of authority;
grounds for revocation. (1) The Oregon State Lottery
Commission may grant a temporary letter of authority for a period not to exceed
90 days on change of ownership applications for certificates of authority
granted under this chapter if the applicant pays the fee prescribed by the
commission for a temporary letter of authority. A temporary letter of authority
issued under this section does not constitute a lottery game retail contract
for the purposes of ORS 461.300.
(2)
The commission, summarily and without prior administrative proceedings, may
revoke a temporary letter of authority any time during the 90 days if the
commission finds that any of the grounds for refusing a lottery game retail
contract or terminating a contract under ORS 461.300 exist.
(3)
A person subject to subsection (2) of this section shall be given an interview
under the direction of the commission if the person requests an interview prior
to revocation of a temporary letter of authority. However, the proceedings are
not a contested case under ORS chapter 183. [2001 c.150 §2]
LOTTERY VENDORS AND CONTRACTORS
461.400 Procurements.
Notwithstanding other provisions of law, the Director of the Oregon State
Lottery may purchase or lease such goods or services as are necessary for
effectuating the purposes of this chapter. The commission may not contract with
any private party or nongovernmental entity for the operation and administration
of the Oregon State Lottery established by this chapter. However, the foregoing
shall not preclude procurements which integrate functions such as lottery game
design, supply of goods and services, advertising and public relations. In all
procurement decisions, the director and Oregon State Lottery Commission shall
take into account the particularly sensitive nature of the state lottery, shall
consider the lottery’s potential contribution to the development of and citizen’s
access to the state’s telecommunications infrastructure, and shall act to
promote and insure integrity, security, honesty and fairness in the operation
and administration of the state lottery and the objective of raising net
revenues for the benefit of the public purpose described in section 4, Article
XV of the Constitution of the State of Oregon. [1985 c.2 §6(1); 1985 c.302 §6(1);
1991 c.962 §11]
461.410 Vendor disclosure for major
procurements. (1) In order to allow an evaluation by
the Oregon State Lottery of the competence, integrity, background, character
and nature of the true ownership and control of lottery vendors, any person who
submits a bid, proposal or offer as part of a procurement for a contract for
the printing of tickets used in any lottery game, any goods or services
involving the receiving or recording of number selection in any lottery game,
or any goods or services involving the determination of winners in any lottery
game, which are hereby referred to as major procurements, shall first disclose
at the time of submitting such bid, proposal or offer to the state lottery all
of the following items:
(a)
A disclosure of the lottery vendor’s name and address and, as applicable, the
name and address of the following:
(A)
If the vendor is a corporation, the officers, directors and each stockholder in
such corporation; except that, in the case of stockholders of publicly held
equity securities of a publicly traded corporation, only the names and
addresses of those known to the corporation to beneficially own 15 percent or
more of such securities need be disclosed.
(B)
If the vendor is a trust, the trustee and all persons entitled to receive
income or benefit from the trust.
(C)
If the vendor is an association, the members, officers and directors.
(D)
If the vendor is a subsidiary, the officers, directors and each stockholder of
the parent corporation thereof; except that, in the case of stockholders of
publicly held equity securities of a publicly traded corporation, only the
names and addresses of those known to the corporation to beneficially own 15
percent or more of such securities need be disclosed.
(E)
If the vendor is a partnership or joint venture, all of the general partners,
limited partners or joint venturers.
(F)
If the parent company, general partner, limited partner or joint venturer of
any vendor is itself a corporation, trust, association, subsidiary, partnership
or joint venture, then all of the information required in this section shall be
disclosed for such other entity as if it were itself a vendor to the end that
full disclosure of ultimate ownership be achieved.
(G)
If any member of the immediate family of any vendor is involved in the vendor’s
business in any capacity, then all of the information required in this section
shall be disclosed for such immediate family member as if the family member
were a vendor.
(H)
If the vendor subcontracts any substantial portion of the work to be performed
to a subcontractor, then all of the information required in this section shall
be disclosed for such subcontractor as if it were itself a vendor.
(I)
The persons or entities in subparagraphs (A) to (H) of this paragraph, along
with the vendor itself, shall be referred to as control persons.
(b)
A disclosure of all the states and jurisdictions in which each control person
does business, and the nature of that business for each such state or
jurisdiction.
(c)
A disclosure of all the states and jurisdictions in which each control person
has contracts to supply gaming goods or services, including, but not limited
to, lottery goods and services and the nature of the goods or services involved
for each such state or jurisdiction.
(d)
A disclosure of all the states and jurisdictions in which each control person
has applied for, has sought renewal of, has received, has been denied, has
pending or has had revoked a gaming license of any kind, and the disposition of
such in each such state or jurisdiction. If any gaming license has been revoked
or has not been renewed or any gaming license application has been either denied
or is pending and has remained pending for more than six months, all of the
facts and circumstances underlying this failure to receive such a license must
be disclosed.
(e)
A disclosure of the details of any conviction or judgment of a state or federal
court of each control person of any felony and any other criminal offense other
than traffic offenses.
(f)
A disclosure of the details of any bankruptcy, insolvency, reorganization or
any pending litigation of each control person.
(g)
A disclosure for each control person who is a natural person of employment,
residence, education and military history since the age of 18 years, and any
federal, state or local elective position ever held by such person.
(h)
A disclosure consolidating all reportable information on all reportable
contributions by each control person to any local, state or federal political
candidate or political committee in this state for the past five years that is
reportable under any existing state or federal law.
(i)
A disclosure of the identity of any entity with which each control person has a
joint venture or other contractual arrangement to supply any state or
jurisdiction with gaming goods or services, including a disclosure with regard
to such entity of all of the information requested under paragraphs (a) to (h)
of this subsection.
(j)
A disclosure consisting of financial statements of the lottery vendor for the
past three years.
(k)
A disclosure of any economic interest as contemplated by ORS 244.060 and
244.070, known to the lottery vendor to be held by any of the persons named in
ORS 244.050 (1)(a), any lottery commissioner, the lottery director, or the
assistant directors of the state lottery, in any lottery vendor or its control
persons.
(L)
Such additional disclosures and information as the director may determine to be
appropriate for the procurement involved.
(2)
No contract for a major procurement with any vendor who has not complied with
the disclosure requirements described in this section for each of its control
persons shall be entered into or be enforceable. Any contract with any lottery
contractor who does not comply with such requirements for periodically updating
such disclosures from each of its control persons during the tenure of such
contract as may be specified in such contract may be terminated by the
commission. [1985 c.2 §6(2); 1985 c.302 §6(2)(a) to (m)]
461.420 Contract with vendor convicted of
crime prohibited. No contract for a major
procurement with any lottery vendor shall be entered into if any control person
of that lottery vendor has been convicted of a crime, unless, after
investigation, the finding of the commission determines that the crime bears no
relationship to the lottery vendor’s ability to perform honestly in carrying
out the contract. [1985 c.2 §6(2)(m); 1985 c.302 §6(2)(n)]
461.430 Contractor required to comply with
applicable laws; performance bond. (1) A lottery
contractor shall perform its contract consistent with the laws of this state,
federal law, and laws of the state or states in which the lottery contractor,
in whole or in part, performs services or produces goods required by the
contract.
(2)
At the time specified in the contract, a lottery contractor shall post
performance security with the Oregon State Lottery Commission in a form and an
amount acceptable to the commission and issued by a surety, financial
institution, insurer, escrow agent or other person acceptable to the commission
if the lottery contractor:
(a)
Prints tickets used in a lottery game;
(b)
Provides goods or performs services involving the receipt or recording of
number selections in a lottery game; or
(c)
Provides goods or performs services involving the determination of winners in a
lottery game. [1985 c.2 §6(3),(4); 1985 c.302 §6(3),(4); 1989 c.418 §1; 2009
c.185 §1]
461.440 Commission’s authority to
contract; rules. Subject to rules adopted by the
commission, the Director of the Oregon State Lottery may enter into all
contracts necessary to accomplish the purposes of this chapter. The rules shall
cover contracts for materials, supplies, equipment, services and professional
services and to the extent that is reasonable shall follow the public policy of
open competitive procurement. The commission shall also consider security,
competence, experience, timely performance and maximization of net revenues in
developing rules governing procurement actions. All contract awards for major
procurements shall be approved by the commission. [1985 c.2 §6(5); 1985 c.302 §6(5)]
461.445 Policy on payment to contractors.
In establishing its schedule of payments to contractors, the Oregon State
Lottery Commission shall undertake to develop a system that maximizes the net
revenue to the state for the public purpose consistent with providing a
reasonable rate of return for contractors. [1991 c.962 §12]
Note:
461.445 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 461 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
LOTTERY FINANCES
461.500 Lottery to be self-supporting;
allocation of revenues. (1) Except for such moneys as
are necessary to temporarily fund the start-up of the state-operated lottery
established by the Constitution of the State of Oregon and this chapter, the
Oregon State Lottery shall operate as a self-supporting revenue-raising agency
of state government and no appropriations, loans or other transfers of state
funds shall be made to it.
(2)
At least 84 percent of the total annual revenues from the sale of state lottery
tickets or shares shall be returned to the public in the form of prizes and net
revenues benefiting the public purpose described in section 4, Article XV of
the Constitution of the State of Oregon. At least 50 percent of the total
annual revenues shall be returned to the public in the form of prizes as
described in this chapter. All unclaimed prize money shall remain the property
of the commission and shall be allocated to the benefit of the public purpose.
No more than 16 percent of the total annual revenues shall be allocated for
payment of expenses of the state lottery as described in this chapter. To the
extent that expenses, including the contingency reserve, of the state lottery
are less than 16 percent of the total annual revenues as described in this
chapter, any surplus funds shall also be allocated to the benefit of the public
purpose. [1985 c.2 §1(4),(5); 1985 c.302 §1(4),(5)]
461.510 State Lottery Fund; types of
disbursements. (1) All money payable to the commission
shall be deposited in a fund known as the State Lottery Fund. The State Lottery
Fund shall receive all proceeds from the sale of lottery tickets or shares, the
temporary loan for initial start-up costs and all other moneys credited to the
Oregon State Lottery from any other lottery-related source. The State Lottery
Fund is continuously appropriated for the purpose of administering and
operating the commission and the state lottery.
(2)
Disbursements shall be made from the State Lottery Fund for any of the
following purposes:
(a)
The payment of prizes to the holders of valid winning lottery tickets or
shares;
(b)
Expenses of the commission and the state lottery;
(c)
Repayment of any funds advanced from the temporary loan for initial start-up
costs and the interest on any such funds advanced; and
(d)
Transfer of funds from the State Lottery Fund to the benefit of the public
purpose described in section 4, Article XV of the Constitution of the State of
Oregon.
(3)
As nearly as practical, at least 50 percent of the total projected revenue,
computed on a year-round basis, accruing from the sales of all state lottery
tickets or shares shall be apportioned for payment of prizes.
(4)
Expenses of the state lottery shall include all costs incurred in the operation
and administration of the state lottery and all costs resulting from any
contracts entered into for the purchase or lease of goods or services required
by the commission including, but not limited to, the costs of supplies,
materials, tickets, independent audit services, independent studies, data
transmission, advertising, promotion, incentives, public relations,
communications, compensation paid to lottery game retailers, bonding for
lottery game retailers, printing, distribution of tickets and shares,
reimbursing other governmental entities for services provided to the state
lottery, transfers to a contingency reserve, and for any other goods and
services necessary for effectuating the purposes of this chapter. No more than
16 percent of the total annual revenues accruing from the sale of all lottery
tickets and shares from all lottery games shall be allocated for the payment of
the expenses of the state lottery. The commission shall determine the amount
necessary for a reasonable contingency reserve within the amount allocated for
payment of expenses.
(5)
The state lottery shall pay all prizes and all of its expenses out of the
revenues it receives from the sale of tickets and shares to the public and turn
over the net proceeds therefrom to a fund to be established by the Legislative
Assembly from which the Legislative Assembly shall make appropriations for the
benefit of the public purpose described in section 4, Article XV of the
Constitution of the State of Oregon.
(6)
Moneys in the State Lottery Fund may be invested as provided in ORS 293.701 to
293.820. Interest earned by the fund shall be credited to the fund. [1985 c.2 §7(1)
to (5); 1985 c.302 §7(1) to (5); 1987 c.268 §2; 1989 c.966 §52; 2009 c.821 §30b]
461.512 Management of lottery moneys received
by county; report on use of moneys. (1) For
purposes of this section:
(a)
“Dedicated fund” means a fund in the county treasury, or a separate account in
the county treasury, that is dedicated, appropriated or set aside for purposes
that further economic development.
(b)
“Furthering economic development” has the meaning given that term in ORS
461.540.
(2)(a)
When a county receives moneys that are derived either directly or indirectly
from funds from the State Lottery Fund under section 4, Article XV of the
Oregon Constitution, and ORS chapter 461, and the moneys are to be used for the
purpose of furthering economic development, the county:
(A)
Shall deposit the moneys into a dedicated fund; and
(B)
May use a reasonable portion of the moneys to employ a person to manage the
moneys in the dedicated fund, make the report required by subsection (3) of
this section, verify that moneys are used for purposes that further economic
development in the county and provide technical assistance to persons or entities
receiving disbursements from the dedicated fund.
(b)
Moneys received as described in this subsection may not be placed in the
general fund of the county.
(3)
On or before October 1 of each year, each county that has received moneys as
described in subsection (2) of this section shall file a report with the Oregon
Department of Administrative Services for posting on the Oregon transparency
website as provided in ORS 184.483 stating:
(a)
The amount of moneys received by the county as described in subsection (2) of
this section;
(b)
The purpose and use of moneys that have been disbursed from the dedicated fund
during the prior calendar or fiscal year; and
(c)
Work and services provided by the person employed under subsection (2) of this
section. [2011 c.385 §1]
Note:
461.512 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 461 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
461.520 Establishment of checking accounts
and petty cash fund. (1) The Director of the Oregon
State Lottery is authorized to establish in the State Treasury checking
accounts as may be required to disburse by check the payment of any
disbursement authorized by ORS 461.510 (2) from the State Lottery Fund as well
as any transfer to the State Lottery Fund as may be required.
(2)
Notwithstanding the provisions of ORS 461.510 (1), the director is authorized
to direct the deposit of any and all moneys payable to the commission to the
credit of any checking account in the State Treasury created for processing
State Lottery Fund moneys.
(3)
The commission is authorized to establish a petty cash fund in an amount not to
exceed $1,000 from any funds made available to the commission. The petty cash
fund shall operate in accordance with the procedures defined in ORS 293.180. [1985
c.302 §7(6)]
461.530 Oregon State Lottery Fund.
There is hereby created within the General Fund the Oregon State Lottery Fund
which is continuously appropriated for the purpose of administering and
operating the commission and the Oregon State Lottery. [1985 c.2 §1(6); 1985
c.302 §1(6)]
461.535 Intercollegiate Athletic Fund.
The Intercollegiate Athletic Fund is created separate and distinct from the General
Fund. The fund shall consist of revenues credited to the Sports Lottery Account
under ORS 461.543 (4) and any other revenues available to the fund. [1989 c.828
§1; 1991 c.461 §81; 1991 c.962 §3; 2005 c.810 §1]
461.540 Administrative Services Economic
Development Fund. (1) There is established in the
General Fund of the State Treasury the Administrative Services Economic
Development Fund. All moneys transferred from the State Lottery Fund, interest
earnings credited to this fund and other moneys authorized to be transferred to
this fund from whatever source are appropriated continuously for any of the
following public purposes:
(a)
Creating jobs;
(b)
Furthering economic development in Oregon; or
(c)
Financing public education.
(2)
Moneys shall be transferred from the Administrative Services Economic
Development Fund to:
(a)
The Education Stability Fund established under ORS 348.696 as described in
section 4, Article XV of the Oregon Constitution; and
(b)
The School Capital Matching Fund established under ORS 286A.806 as described in
section 4, Article XI-P of the Oregon Constitution.
(3)
As used in this section and section 4, Article XV of the Oregon Constitution:
(a)
“Creating jobs” includes, but is not limited to:
(A)
Supporting the creation of new jobs in Oregon;
(B)
Helping prevent the loss of existing jobs in Oregon;
(C)
Assisting with work transition to new jobs in Oregon; or
(D)
Training or retraining workers.
(b)
“Education” includes, but is not limited to, the Education Stability Fund
established under ORS 348.696 and specific programs that support the following:
(A)
Prekindergartens;
(B)
Elementary and secondary schools;
(C)
Community colleges;
(D)
Higher education;
(E)
Continuing education;
(F)
Workforce training and education programs; or
(G)
Financial assistance to Oregon students.
(c)
“Furthering economic development” includes, but is not limited to, providing:
(A)
Services or financial assistance to for-profit and nonprofit businesses located
or to be located in Oregon;
(B)
Services or financial assistance to business or industry associations to
promote, expand or prevent the decline of their businesses; or
(C)
Services or financial assistance for facilities, physical environments or
development projects, as defined in ORS 285B.410, that benefit Oregon’s
economy. [1985 c.302 §7(7); 1995 c.12 §7; 2002 s.s.3 c.6 §18; 2005 c.835 §27;
2009 c.872 §3; 2011 c.699 §8]
461.543 Sports Lottery Account;
distribution of revenues. (1) Except as otherwise
specified in subsection (5) of this section, the Sports Lottery Account is
continuously appropriated to and shall be used by the State Board of Higher
Education to fund sports programs at public universities listed in ORS 352.002.
Seventy percent of the revenues in the fund shall be used to fund nonrevenue
producing sports and 30 percent shall be used for revenue producing sports. Of
the total amount available in the fund, at least 50 percent shall be made
available for women’s athletics.
(2)
The board shall allocate moneys in the Sports Lottery Account among the public
universities, giving due consideration to:
(a)
The athletic conference to which the public university belongs and the relative
costs of competing in that conference.
(b)
The level of effort being made by the public university to generate funds and
support from private sources.
(3)
As used in subsections (1) to (3) of this section, “revenue producing sport” is
a sport that produces net revenue over expenditures during a calendar year or
if its season extends into two calendar years, produces net revenue over
expenditures during the season.
(4)
An amount equal to one percent of the moneys transferred to the Administrative
Services Economic Development Fund from the State Lottery Fund shall be
allocated from the Administrative Services Economic Development Fund to the
Sports Lottery Account.
(5)
The amounts received by the Sports Lottery Account shall be allocated as
follows:
(a)
Eighty-eight percent for the purposes specified in subsections (1) to (3) of
this section, but not to exceed $8 million annually, adjusted annually pursuant
to the Consumer Price Index, as defined in ORS 327.006.
(b)
Twelve percent for the purpose of scholarships, to be distributed equally
between scholarships based on academic merit and scholarships based on need, as
determined by rule of the board, but not to exceed $1,090,909 annually.
(c)
All additional money to the Oregon Student Access Commission for the Oregon
Opportunity Grant program under ORS 348.260. [1989 c.828 §§2,4(3) and (4); 1991
c.461 §82; 1991 c.780 §28; 1999 c.704 §25; 1999 c.1070 §16; 2005 c.810 §2; 2011
c.637 §275]
461.544 Use of proceeds of video lottery
games. All net proceeds from video lottery
games shall be allocated to the Administrative Services Economic Development
Fund. [1991 c.461 §§1,78; 1993 c.18 §118; 1995 c.814 §9]
Note:
461.544 to 461.549, 461.555, 461.725 and 461.740 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter 461 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
461.545 [1989
c.828 §7; repealed by 1991 c.461 §79 and 1991 c.962 §15]
461.546 [1991
c.962 §2a; 1993 c.18 §119; repealed by 1995 c.814 §4]
461.547 Distribution of certain video
lottery revenues to counties for economic development.
(1) The Oregon State Lottery Commission shall transfer an amount equal to 2.5
percent of the net receipts from video lottery games allocated to the
Administrative Services Economic Development Fund to counties for economic
development activities. Ninety percent of the moneys shall be distributed to
each county in proportion to the gross receipts from video lottery games from
each county. Ten percent of the moneys shall be distributed in equal amounts to
each county.
(2)
As used in this section:
(a)
“Gross receipts from video lottery games” means the amount of money inserted
into video lottery games plus the value of any free game prizes used by players
for subsequent games.
(b)
“Net receipts from video lottery games” means the amount of money that is
received from the operation of video lottery games after the payment of prizes
but prior to any other payment. [1991 c.461 §94; 1993 c.18 §118a; 2003 c.734 §§10,10a;
2007 c.51 §1]
Note: See
note under 461.544.
461.548 Video lottery proceeds to be
treated separately from other lottery proceeds.
Notwithstanding any other provision of law, the Oregon State Lottery Commission
shall meet the constitutional requirements for prizes and administrative costs separately
for video and all other lottery games. The lottery commission shall not
intermingle the results of video lottery games for the purpose of calculating
the allowable limit on administrative expenses of other lottery games. [1991
c.962 §14]
Note: See
note under 461.544.
461.549 Use of video lottery proceeds for
treatment of gambling-related behavioral problems.
(1) The Legislative Assembly finds that emotional and behavioral problems
related to gambling may impose additional costs on state government and on the
state economy, such as additional mental health expenditures, increased law
enforcement costs and lost economic output. The use of a portion of the net
receipts from video lottery games to pay the costs of preventing and treating
emotional and behavioral problems related to gambling promotes the creation of
jobs and this state’s economic development by offsetting and treating the
negative economic consequences of such behavior.
(2)
In each fiscal quarter, commencing with the fiscal quarter beginning July 1,
2001, there is allocated from the Administrative Services Economic Development
Fund to the Problem Gambling Treatment Fund established by ORS 413.522 an
amount of not less than one percent of the moneys transferred from the State
Lottery Fund to the Administrative Services Economic Development Fund during
that fiscal quarter. [1995 c.814 §1; 1999 c.985 §1]
Note: See
note under 461.544.
461.550 Expenditure limitation not
applicable to lottery. All expenditures from the State
Lottery Fund or the fund established by the Legislative Assembly to disburse
net lottery proceeds are exempt from any state expenditure limitation. [1985
c.302 §8(8)]
461.555 Capital Construction Trust Fund;
sources; uses. (1) There is established in the State
Treasury a Capital Construction Trust Fund separate and distinct from the
General Fund. Interest on the fund shall accrue to the fund.
(2)
The fund shall consist of amounts allocated to it from the Administrative
Services Economic Development Fund.
(3)
The fund is to be used to meet capital construction costs. [1991 c.461 §77]
Note: See
note under 461.544.
461.558 Lottery ending balance.
(1) As used in this section, “lottery ending balance” means an amount that
equals the difference between:
(a)
The amount of moneys available for allocation in the Administrative Services
Economic Development Fund during a biennium; and
(b)
The amount of allocations made from the fund during the biennium, including any
amounts appropriated to the Oregon Department of Administrative Services under
ORS 291.285 to maintain accountability of the fund.
(2)
As soon as practicable after the end of each biennium, the lottery ending
balance shall be transferred to the School Capital Matching Fund established
under ORS 286A.806 as described in section 4, Article XI-P of the Oregon
Constitution. [2009 c.872 §1; 2011 c.699 §9]
Note:
461.558 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 461 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
461.560 Taxation of sales and prizes.
(1) No state or local taxes shall be imposed upon the sale of lottery tickets
or shares of the Oregon State Lottery established by this chapter or any prize
awarded by the state lottery established by this chapter that does not exceed
$600. A prize awarded by the state lottery that is greater than $600 shall be
subject to tax under ORS chapters 314 to 318 and any other applicable state or
local tax. For purposes of this section, “prize awarded by the state lottery”
includes a prize awarded by a multistate lottery association of which the
Oregon State Lottery is a member if the ticket upon which the prize is awarded
was sold in this state.
(2)
A city, county or other political subdivision in this state may not impose, by
charter provision or ordinance, or collect a tax that is imposed on lottery
game retailers only and that is measured by or based upon the amount of the
commissions or other compensation received by lottery game retailers for
selling tickets or shares in lottery games. However, if a city, county or other
political subdivision levies or imposes generally on a nondiscriminatory basis
throughout the jurisdiction of the taxing authority an income, gross income or
gross receipts tax, as otherwise provided by law, such tax may be levied or
imposed upon lottery game retailers. [1985 c.2 §8(1); 1985 c.302 §8(1); 1995
c.95 §1; 1997 c.849 §1; 1999 c.143 §6]
PROHIBITED CONDUCT
461.600 Sales to minors.
(1) Tickets or shares in lottery games, including tickets or shares sold from
vending machines or other devices, may not be sold to a person under 18 years
of age.
(2)
Video lottery game terminals may not be operated by a person under 21 years of
age.
(3)
The Oregon State Lottery Commission shall establish safeguards to ensure that
lottery game retailers comply with the requirements of this section. [1985 c.2 §5(6);
1985 c.302 §5(6); 2003 c.58 §3]
MISCELLANEOUS
461.700 Additional disclosure requirements;
costs of investigation. (1) Any person required to
submit disclosure information under this chapter, in addition to the
requirements specifically listed in this chapter, shall also submit for each
individual the true name, as well any other name used, date of birth, place of
birth, Social Security number, current residence address, and residence address
for the last 10 years, current marital status including how long, spouse’s
name, address, date of birth and Social Security number. The person required to
disclose must submit an individual sworn statement as to any criminal
convictions and the nature thereof. The sworn statement must also contain
authorization for the Attorney General and the Assistant Director for Security
to confirm with the Oregon Department of Revenue and the United States Internal
Revenue Service the truthfulness of the sworn statement with regard to tax
matters. The commission shall develop a disclosure form which identifies the
information required to be disclosed, including a certification that the
information provided is correct. The form shall be sworn and bear the warning
that the applicant bears responsibility for excessive investigation costs and
that the providing of false information constitutes the crime of false swearing
under ORS 162.075 which is a Class A misdemeanor.
(2)
If the costs of investigation of any applicant exceeds the usual costs of such
investigations, the applicant shall be billed for the excessive costs. The
payment thereof shall be credited to the State Lottery Fund as a reimbursement
of administrative costs. [1985 c.302 §14]
461.710
[Formerly 284.430; renumbered 280.518 in 1991]
461.715 Holding of certain lottery prizes
for child support; rules; procedure. (1) The
Oregon State Lottery Commission, by rule, shall develop procedures whereby:
(a)
Before paying any portion of a lottery prize in excess of $600, the lottery
commission shall check the name and Social Security number of the person
entitled to payment against a computer database containing the names and Social
Security numbers of obligors who are delinquent in paying child support
obligations.
(b)
When the person is listed in the database, the lottery commission shall:
(A)
Place a 30-day hold on any payment to the person;
(B)
Inform the person of the hold; and
(C)
Notify the Division of Child Support of the Department of Justice that a
delinquent obligor has won a lottery prize or is entitled to payment on a
lottery prize.
(c)
If a garnishment proceeding is initiated within the 30-day hold period, the
lottery commission shall continue to hold any payment to the person pending
disposition of the proceeding.
(d)
If a garnishment proceeding is not initiated within the 30-day hold period, the
lottery commission shall make payment on the prize to the person at the end of
the 30-day hold period or when the division notifies the lottery commission
that a garnishment proceeding will not be initiated, whichever is sooner.
(2)
The lottery commission shall establish and operate a data match system using
automated data exchanges with the division that identifies delinquent child
support obligors. Any information necessary to identify delinquent obligors and
hold a payment on a prize shall be available to the lottery commission through
the data match system.
(3)
The Department of Justice and the Oregon State Lottery Commission shall enter
into an agreement regarding the procedures required by subsections (1) and (2)
of this section. [1991 c.613 §§6,7; 2001 c.455 §25; 2003 c.73 §69]
461.720 [1985
c.829 §1; 1987 c.506 §27; renumbered 171.845 in 1991]
461.725 Enforcement officers to enforce
prohibition on gray machines. Out of the
funds available to the Oregon State Lottery Commission to meet the
administrative expenses of the Oregon State Lottery, the lottery commission
shall employ or contract for at least three undercover enforcement officers to
enforce the prohibition on gray machines imposed by ORS 162.305, 164.377,
166.715, 167.117, 167.164, 167.166, 461.210, 461.215, 461.217, 461.400, 461.445,
461.535, 461.548, 461.725 and 464.250. [1991 c.962 §18; 1995 c.814 §3]
Note: See
note under 461.544.
461.730 [1989
c.909 §49; renumbered 447.255 in 1991]
461.740 Policy on hiring by firms receiving
lottery-funded benefits. (1) It is the policy of the
State of Oregon that any firm receiving benefit from state lottery-funded
programs should undertake a good faith effort to hire and retain as employees
low-income individuals who have received job training assistance from publicly
funded job training providers.
(2)
The Oregon Business Development Department may require any firm receiving
benefit from state lottery-funded programs the department administers to enter
into a first-source hiring agreement with publicly funded job training
providers.
(3)
Publicly funded job training providers shall coordinate their services and
establish an agreement outlining the process by which they will respond to
firms receiving benefit. This agreement shall be submitted to the department
for its review and approval.
(4)
As used in this section:
(a)
“Firm receiving benefit” means any business that benefits directly or
substantially from any program financed by state lottery funds and is certified
as such a firm by the state agency that administers the lottery-funded program.
(b)
“First-source hiring agreement” means an agreement between a firm receiving
benefits and a publicly funded job training provider whereby the job provider
refers qualified candidates to the firm for new jobs and job openings,
excluding professional, managerial, technical and seasonal positions which the
Director of the Oregon Business Development Department determines cannot be
filled by persons likely to be referred by publicly funded job training
providers.
(c)
“Publicly funded job training provider” includes, but is not limited to,
community colleges, service providers under the federal Workforce Investment
Act Title I-B (29 U.S.C. 2801 et seq.) and other similar programs. [1989 c.778 §1;
1991 c.105 §1; 2001 c.684 §28]
Note: See
note under 461.544.
_______________