PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-04-040.
Title of Rule: WAC 315-06-040.
Purpose: To clarify the publishing of the probability of purchasing a winning lottery ticket on lottery advertising and other materials.
Statutory Authority for Adoption: RCW 67.70.040.
Statute Being Implemented: RCW 67.70.040.
Summary: See Purpose above.
Reasons Supporting Proposal: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Rules Coordinator, Olympia, (360) 664-4833; Implementation and Enforcement: Robert C. Benson, Jr., Acting Director, Olympia, (360) 664-4800.
Name of Proponent: Washington State Lottery Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amended rule clarifies where the lottery should publish the probability of purchasing a winning ticket and where the lottery should publish the probability of purchasing a winning ticket for every category of prize in a given game.
Proposal Changes the Following Existing Rules: This amendment makes the following changes to the existing WAC 315-06-040:
| • | Adds requirement that all brochures, placards, point of sale materials, billboards, and posters carry the average probability of winning the specific game advertised. |
| • | Adds specific requirement that the "How to Play" brochure (distributed to players describing the lottery's on-line games) include the probability of winning for each category of prize for each specific game described. |
| • | Deletes requirement that all brochures, billboards, placards, point of sale materials, and posters carry the probability of winning for each category of prize for the specific game advertised. |
| • | Adds the requirement that radio and television commercials communicate the average probability of winning the specific game advertised. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not for the following reasons: (1) The rules have no economic impact on business' cost of equipment, supplies, labor and administrative costs. The rules are designed to establish rules and procedures for the lottery and (2) the rules will have a negligible impact, if any, on business. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirement for forms, fees, appearances or other actions by business.
RCW 34.05.328 does not apply to this rule adoption. Said section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive for policy, the lottery does not voluntarily apply this section.
Hearing Location: M. J. Murdock Executive Plaza Building, 703 Broadway, Vancouver, WA, on May 18, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by May 15, 2001, TDD (360) 586-0933, or (360) 664-4833.
Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 664-4833 [586-5686], by May 15, 2001.
Date of Intended Adoption: May 18, 2001.
March 30, 2001
Mary Jane Ferguson
Rules Coordinator
OTS-3334.3
AMENDATORY SECTION(Amending Order 83, filed 12/16/85)
WAC 315-06-040
Disclosure of probability of purchasing a
winning ticket.
(1) The estimated average probability of
purchasing a winning ticket shall be conspicuously displayed on:
(a) The back of tickets for a specific game((. The
estimated average probability of purchasing a winning ticket for
each category of prize in a specific game shall be conspicuously
displayed on:
(a)));
(b) All printed promotional and advertising materials for a
specific game, including but not limited to, brochures, posters,
billboards, placards, and point-of-sale displays((; and
(b) Instructions to lottery retailers for the conduct of a specific game)).
(2) The estimated average probability of purchasing a winning ticket shall be communicated in television and radio commercials for a specific game.
(((2))) (3) The estimated average probability of purchasing
a winning ticket for each category of prize in a specific game
shall be conspicuously displayed as part of:
(a) The "how-to-play" brochure which explains the procedures for the lottery's on-line games; and
(b) The brochures of instructions to lottery retailers for the conduct of specific scratch games.
(4) The disclosure required by this section shall not apply to generic promotional and advertising materials publicizing the Washington state lottery which do not promote a specific game.
[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), § 315-06-040, filed 12/16/85; 84-01-004 (Order 42), § 315-06-040, filed 12/8/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-040 (Order 5), § 315-06-040, filed 10/15/82.]