RULES AND REGULATIONS
Title 61--REVENUE
DEPARTMENT OF REVENUE
[61 PA. CODE CH. 817]
Wild Card Lotto
[26 Pa.B. 1268] The Department of Revenue (Department), adopts amendments to Chapter 817 (relating to additional plans, games and drawings after September 1981).
In response to interest among lottery players, the Department is amending the Wild Card Lotto game regulations to allow a player to select a cash option at the time a Wild Card Lotto ticket is purchased. The cash option is a method of payment wherein the player elects to receive a parimutuel share of the prize money allocated to the first prize category as a lump sum cash payment in the event that that player subsequently becomes the holder of a winning ticket for that category. If a player does not select the cash option at the time of purchase, and the player subsequently becomes the holder of a winning ticket for the first prize category, the holder will receive a parimutuel share of the prize money allocated to the first prize category in accordance with the existing annuity provisions for that category. When the cash option is selected, the wording ''cash payment'' will appear on the ticket. This regulatory change may produce an undetermined increase in sales. The cash option has been implemented in other states with positive results.
Interested persons may comment on any lottery game by contacting the person specified in this preamble. Because of the time constraints associated with the establishment, operation and administration of lottery games, the Department finds that notice of proposed rulemaking is impracticable. More specifically, the efficient operation of the Lottery requires that the Lottery be up-to-date with the latest innovations and trends in the lottery industry. The inability to adapt quickly to ever-changing marketing strategies can have a drastic effect upon Lottery revenues. The need for the Lottery to react quickly to market forces has been recognized in the past as a valid reason for promulgating lottery regulations under the proposed rulemaking omitted process. Therefore, under section 204 of the act of July 31, 1968 (CDL) (P. L. 769, No. 240) (45 P. S. § 1204) and the regulations thereunder, 1 Pa. Code § 7.4, proposed rulemaking has been be omitted.
Fiscal Impact
The Department has determined that the amendments will have no significant adverse fiscal impact on the Commonwealth; to the contrary, the amendments may produce an undetermined net revenue.
Paperwork
The amendments will not generate substantial paperwork for the public or the Commonwealth.
Effectiveness/Sunset Date
The amendments will become effective upon publication in the Pennsylvania Bulletin. No sunset date has been assigned.
Contact Person
The contact person for an explanation of the amendments is Anita M. Doucette, Office of Chief Counsel, Department of Revenue, Dept. 281061, Harrisburg, PA 17128-1061.
Authority
The amendments are promulgated under section 6 of the State Lottery Law (act) (72 P. S. § 3761-6). Section 6(a) of the act specifically provides the Secretary of Revenue with the power and duty to promulgate rules and regulations governing the establishment and operation of the lottery.
Regulatory Review
The amendments are not required to be submitted to the Department of Aging for comment under section 2203-A of The Administrative Code of 1929 (71 P. S. § 581-3 (27)). However, under section 2203-A the Department has submitted the amendments to the Department of Aging for comment as a courtesy.
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), the Department submitted a copy of these amendments with proposed rulemaking omitted on February 12, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Finance. On the same date, the amendments were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(c) of the Regulatory Review Act, these amendments were deemed approved by the Committees on March 3, 1996, and were approved by IRRC on March 6, 1996.
Findings
The Department finds that the regulations are necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are impracticable because of the time constraints associated with the establishment, operation and administration of lottery games.
Order
The Department, acting under its authorizing statute, orders that:
(a) The regulations of the Department, 61 Pa. Code Chapter 817, are amended by amending §§ 817.113, 817.116, 817.118 and 817.120 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ROBERT A. JUDGE, Sr.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 1313 (March 23, 1996).)
Fiscal Note: 15-375. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 61. REVENUE
PART V. STATE LOTTERIES
CHAPTER 817. ADDITIONAL PLANS, GAMES AND DRAWINGS AFTER SEPTEMBER 1981
WILD CARD LOTTO § 817.113. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Apparent winning ticket--A standard game ticket bearing winning numbers which has not been validated by the Lottery.
Cash option--A method of payment which the player selects at the time of purchase of a Wild Card Lotto ticket in order to receive payment of a parimutuel share of the prize money allocated to the first prize category as a lump sum cash payment in the event that the player subsequently becomes a holder of a winning ticket for that category.
Game panel, panel or game grid--The area of the bet slip which contains 48 squares numbered 1 through 48. A game panel is lettered and, when used to purchase a ticket, corresponds to the numbers selected and printed on the ticket.
On-line retailer or retailer--A person licensed to sell Lottery tickets who has been approved by and contracted with the Lottery to sell Wild Card Lotto tickets.
Standard game ticket or ticket--A Wild Card Lotto ticket, produced by an on-line retailer in an authorized manner, containing two separate plays, each containing a letter prefix followed by six selected numbers from 1 through 48, a drawing date, the amount bet, cash option selection, if applicable, and validation number data.
Wild Card Lotto bet slip--A card used in marking a player's bet having ten game panels, each containing 48 squares numbered 1 through 48. A game panel is identified by one of the following letters, A, B, C, D, E, F, G, H, I or J.
Wild card number--A seventh number selected at random at a Wild Card Lotto drawing, which shall be utilized to determine winners who have three, four or five winning numbers in addition to this number.
Winning numbers--Six numbers, from 1 through 48, randomly selected at a valid Wild Card Lotto drawing which shall be used to determine the winning plays contained on standard game tickets.
Winnings pool--The amount allocated from Wild Card Lotto gross sales for a particular Wild Card Lotto game drawing for the purpose of paying parimutuel prizes in a particular Wild Card Lotto game drawing but excluding money brought forward from a previous Wild Card Lotto game drawing.
§ 817.116. Wild Card Lotto bet slip and ticket characteristics and restrictions.
(a) The player shall select, or request selection by computer, six numbered squares in each of two game grids on a bet slip. In addition, the player may select the cash option method of payment of the first prize category. The cash option shall be selected at the time of purchase. Bet slips shall be available at no cost to the purchaser. The minimum entry is $1. For $1, play games A and B; for $2, play games A, B, C and D; for $3, play games A, B, C, D, E and F; for $4, play games A, B, C, D, E, F, G and H; for $5, play games A, B, C, D, E, F, G, H, I and J. Game panels shall be selected in alphabetical order in accordance with the instructions printed on the bet slip. A bet slip has no pecuniary or prize value and does not constitute evidence of purchase or numbers selected.
(b) To purchase a Wild Card Lotto ticket, players shall pay the purchase price to an authorized retailer, submit the completed bet slip, or request number selection by computer selection, and select the cash option, if applicable. The authorized retailer shall issue a standard game ticket, which shall contain the six number selections played in each game grid--identified by a letter as described in subsection (a)--the drawing date, amount bet, cash option selection, if applicable, and validation number date. This standard game ticket shall be the only valid proof of the bet placed, and the only valid receipt for claiming a prize. The standard game ticket shall contain two separate plays prefixed by a letter corresponding to the bet slip. The standard game ticket shall only be valid for the drawing date printed on the ticket.
(c) If bet slips are unavailable, plays may also be given to an authorized retailer in groups of six number selections for each of two game grids for each $1 wagered. In addition, the cash option, if selected, shall be given by the player at that time. The selections shall be manually entered into the computer terminal by the retailer.
(d) A standard game ticket may only be cancelled by a player if he produces the ticket, returns the ticket to the selling agent and cancels the ticket within the time limits established by the Lottery prior to the drawing and if no drawing applicable to the ticket has previously been held.
(e) It is the sole responsibility of the ticket purchaser or holder to verify the accuracy and condition of data printed on the standard game ticket. The sole remedy of the purchaser or holder is cancellation as described in subsection (d).
§ 817.118. Determination of prizewinners.
* * * * * (i) Winning Wild Card Lotto prizes will be paid as follows:
(1) Prizes payable to the first prize category winners will be paid either by an initial cash payment plus equal annual payments over a specified term of 20 years or by a one time cash payment if the player selected the cash option at the time of purchase.
(2) Individual ticket prize payments for the second, third, fourth, fifth and sixth prize categories will be paid entirely in cash.
(3) If more than one winning play is determined, each, upon meeting the requirements of §§ 817.120 and 817.121 (relating to ticket validation requirements; and procedures for claiming and payment of prizes), is entitled to a prorated payment share of the total first prize category.
(4) For first prize category payments, the total of initial cash payments and annual payments over the term for the first prize category may not be less than $1 million, or, if the cash option is selected at the time of purchase, a single cash payment in an amount equal to the funds necessary, as determined by the Lottery, to purchase an annuity of not less than $1 million. If more than one winning play is determined, each is entitled to a prorated payment share of the total first prize category as provided in paragraph (3).
* * * * * § 817.120. Ticket validation requirements.
(a) Valid tickets. To be a valid Wild Card Lotto ticket, the following conditions shall be met:
* * * * * (8) The player selected or computer selected numbers on the ticket shall be in individual groups of six numbers each associated with a single letter, A, B, C, D, E, F, G, H, I or J and the six numbers and the associated letter shall constitute a single lettered game grid play. The cash option, if selected, shall be present on the ticket.
* * * * * (10) The player selected or computer selected numbers, the cash option, if selected, the validation number data and the drawing date of an apparent winning ticket shall appear on the official file of winning tickets; and a ticket with that exact date may not have been previously paid.
* * * * *
[Pa.B. Doc. No. 96-444. Filed for public inspection March 22, 1996, 9:00 a.m.]
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