ORS Chapter 461 - Oregon Statutes

Chapter 461 — OregonState Lottery

 

2009 EDITION

 

 

OREGONSTATE LOTTERY

 

PUBLICHEALTH AND SAFETY

 

GENERALPROVISIONS

 

461.010     Definitions

 

461.015     Shorttitle

 

461.020     Purpose

 

461.030     Locallaws preempted; applicability of other laws; severability

 

461.040     Effecton other gambling laws

 

461.050     Locationof offices

 

ADMINISTRATION

 

(OregonState Lottery Commission)

 

461.100     OregonState Lottery Commission; members; duties; meetings

 

461.110     Criminalidentification information available to lottery; fingerprints; service andexecution of warrants

 

461.120     Commissionexempt from certain laws; rulemaking; applicability of AdministrativeProcedures Act

 

461.130     Authorityof commission; delegation; contracts for security services

 

461.140     Annualbudget report

 

(StateLottery Director)

 

461.150     Statelottery director; appointment; assistant directors; duties and powers

 

461.160     Authorityof director to contract for services

 

461.170     Coordinationbetween director and commission

 

461.180     Studies;accountability; audits; delegation

 

461.190     AssistantDirector for Security

 

OPERATIONOF LOTTERY

 

461.200     Operationof lottery

 

461.202     Transportationof gambling devices

 

461.210     Securitymeasures; ticket content; rules

 

461.215     Videolottery games

 

461.217     Videolottery game regulation; limitation on number and placement of terminals; rules

 

461.220     Numberand value of prizes; required information on lottery tickets; rules;advertising

 

461.230     Methodfor determining winners; rules

 

461.240     Saleprice of tickets and shares; rules

 

461.250     Validationand payment of prizes; tabulation of sales and prizes; assignment of prizes;payment on behalf of deceased winner; claim period; ineligibility of lotteryemployees; rules

 

461.253     Voluntaryassignment of prizes; petition for judicial order; issuance of order;commission intervention in proceeding

 

461.257     Judicialorder suspending voluntary assignment laws upon finding of adverse taxconsequences for all prize winners

 

461.260     Distributionof tickets and shares; rules

 

LOTTERYGAME RETAILERS

 

461.300     Selectionof retailers; rules; contracts

 

461.310     Compensationfor retailers

 

461.330     Displayof certificate of authority; bond or letter of credit; payments for tickets orshares

 

461.335     Temporaryletter of authority; grounds for revocation

 

LOTTERYVENDORS AND CONTRACTORS

 

461.400     Procurements

 

461.410     Vendordisclosure for major procurements

 

461.420     Contractwith vendor convicted of crime prohibited

 

461.430     Contractorrequired to comply with applicable laws; performance bond

 

461.440     Commission’sauthority to contract; rules

 

461.445     Policyon payment to contractors

 

LOTTERYFINANCES

 

461.500     Lotteryto be self-supporting; allocation of revenues

 

461.510     StateLottery Fund; types of disbursements

 

461.520     Establishmentof checking accounts and petty cash fund

 

461.530     OregonState Lottery Fund

 

461.535     IntercollegiateAthletic Fund

 

461.540     AdministrativeServices Economic Development Fund

 

461.543     SportsLottery Account; distribution of revenues

 

461.544     Useof proceeds of video lottery games

 

461.547     Distributionof certain video lottery revenues to counties for economic development

 

461.548     Videolottery proceeds to be treated separately from other lottery proceeds

 

461.549     Useof video lottery proceeds for treatment of gambling-related behavioral problems

 

461.550     Expenditurelimitation not applicable to lottery

 

461.555     CapitalConstruction Trust Fund; sources; uses

 

461.558     Lotteryending balance

 

461.560     Taxationof sales and prizes

 

PROHIBITEDCONDUCT

 

461.600     Salesto minors

 

MISCELLANEOUS

 

461.700     Additionaldisclosure requirements; costs of investigation

 

461.715     Holdingof certain lottery prizes for child support; rules; procedure

 

461.725     Enforcementofficers to enforce prohibition on gray machines

 

461.740     Policyon hiring by firms receiving lottery-funded benefits

 

GENERALPROVISIONS

 

      461.010Definitions.Unless the context requires otherwise, the definitions contained in thischapter shall govern the construction of this chapter.

      (1)“Lottery” or “state lottery” means the Oregon State Lottery established andoperated pursuant to the Constitution of the State of Oregon and this chapter.

      (2)“Commissioner” means one of the members of the lottery commission appointed bythe Governor pursuant to the Constitution of the State of Oregon and thischapter to oversee the state lottery.

      (3)“Director” means the Director of the Oregon State Lottery appointed by theGovernor pursuant to the Constitution of the State of Oregon and this chapteras the chief administrator of the Oregon State Lottery.

      (4)“Lottery commission” or “commission” means the five-member body appointed bythe Governor pursuant to the Constitution of the State of Oregon and thischapter to oversee the lottery and the director.

      (5)“Lottery game” or “game” means any procedure authorized by the commissionwhereby prizes are distributed among persons who have paid, or unconditionallyagreed to pay, for tickets or shares which provide the opportunity to win suchprizes.

      (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 hascontracted for the purpose of selling tickets or shares in lottery games to thepublic.

      (8)“Lottery vendor” or “vendor” means any person who submits a bid, proposal oroffer to provide goods or services to the commission or lottery.

      (9)“Lottery contractor” means a person with whom the state lottery has contractedfor the purpose of providing goods and services for the state lottery. [1985c.2 §1(7); 1985 c.302 §1(7)]

 

      461.015Short title.This chapter shall be known as the Oregon State Lottery Act of 1984. [1985 c.2 §1(1);1985 c.302 §1(1)]

 

      461.020Purpose.The people of the State of Oregon declare that the purpose and intent of thischapter is to provide additional moneys for the public purpose described insection 4, Article XV of the Constitution of the State of Oregon through theoperation of a state lottery without the imposition of additional or increasedtaxes. [1985 c.2 §1(2); 1985 c.302 §1(2)]

 

      461.030Local laws preempted; applicability of other laws; severability. (1) Thischapter shall be applicable and uniform throughout the state and all politicalsubdivisions and municipalities therein, and no local authority shall enact anyordinances, rules or regulations in conflict with the provisions hereof.

      (2)Any other state or local law or regulation providing any penalty, disability orprohibition for the manufacture, transportation, distribution, advertising,possession or sale of any lottery tickets or shares shall not apply to thetickets or shares of the state lottery. The gambling laws of the State ofOregon shall not apply to lottery tickets or shares, or to the operation of thestate lottery established by the Constitution of the State of Oregon and thischapter.

      (3)If any provision of this chapter or the application thereof to any person orcircumstance is held invalid, such invalidity shall not affect other provisionsor applications of this chapter which can be given effect without the invalidprovision or application, and to this end the provisions of this chapter areseverable.

      (4)This chapter is dependent and is conditioned upon the passage by the voters atthe November 6, 1984, general election of an amendment to section 4, Article XVof 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)]

 

      461.040Effect on other gambling laws. Nothing contained in this chapter shallbe construed to repeal or modify existing state laws with respect to gambling,except that the state-operated lottery established by the Constitution of theState of Oregon and this chapter shall not be subject to such laws. [1985 c.2 §1(3);1985 c.302 §1(3)]

 

      461.050Location of offices.The Oregon State Lottery shall have its principal offices in the capital city. [1985c.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

 

(OregonState Lottery Commission)

 

      461.100Oregon State Lottery Commission; members; duties; meetings. (1) The OregonState Lottery Commission is hereby created in state government.

      (2)(a)The Oregon State Lottery Commission shall consist of five members appointed bythe Governor and confirmed by the Senate who shall serve at the pleasure of theGovernor.

      (b)The members shall be appointed for terms of four years.

      (c)Vacancies shall be filled within 30 days by the Governor, subject to confirmationby 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 acertified public accountant. No person shall be appointed as a lotterycommissioner 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 samepolitical party.

      (4)The commission shall exercise all powers necessary to effectuate the purpose ofthis chapter. In all decisions, the commission shall take into account theparticularly sensitive nature of the lottery and shall act to promote andinsure integrity, security, honesty and fairness in the operation andadministration of the state lottery.

      (5)Lottery commissioners shall be eligible for compensation and expenses under ORS292.495.

      (6)Lottery commissioners shall file a verified statement of economic interest withthe Oregon Government Ethics Commission and shall be subject to the provisionsof ORS chapter 244.

      (7)The Governor shall select annually from the membership of the commission achairperson who serves at the pleasure of the Governor. The chairperson or amajority of the members of the commission then in office shall have the powerto call special meetings of the commission.

      (8)Meetings of the commission shall be open and public in accordance with statelaw. Records of the commission shall be open and available to the public in accordancewith state law. The commission shall meet with the Director of the Oregon StateLottery not less than monthly to make recommendations and set policy, toapprove or reject reports of the director, to adopt rules and to transact otherbusiness.

      (9)A quorum of the commission shall consist of a majority of the members of thecommission then in office. All decisions of the commission shall be made by amajority vote of all of the commissioners then in office.

      (10)The commission shall prepare quarterly and annual reports of the operation ofthe state lottery. Such reports shall include a full and complete statement ofstate lottery revenues, prize disbursements, expenses, net revenues and allother financial transactions involving state lottery funds. The commissionshall, not less than annually, contact interested parties, including thosenamed in ORS 461.180 (3), and provide them with such quarterly and annualreports as they may request. [1985 c.2 §2(1) to (10); 1985 c.302 §2(1) to (10);1991 c.30 §1]

 

      461.110Criminal identification inf