ORS Chapter 461
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