Current through September 2, 2024
01.
Purpose. These rules are established by the Commission to define
and regulate the operation and administration of the Lottery and the
Commission.
02.
Lottery
Commission. The Commission is charged with the authority and duty to
regulate Lottery activities in the state of Idaho, consistent with the Idaho
Constitution and the enabling legislation. The headquarters of the Commission
and of the Lottery is in Boise.
03.
Powers and Duties of the Commission.
a. Rule Promulgation. The Commission
promulgates rules and conditions under which the statewide Lottery will be
conducted. Subjects covered in such rules include but need not be limited to:
i. The types of Lottery games to be
conducted;
ii. The prices of
tickets in the Lottery;
iii. In
general the numbers and sizes of prize disbursements, the manner and frequency
of prize drawings, and the manner in which payment will be made to holders of
winning tickets;
iv. The locations
at which Lottery tickets may be sold, the manner in which they are to be sold,
and contracting with Lottery vendors, retailers and contractors;
v. The manner in which Lottery sales revenues
are to be collected;
vi. The amount
of compensation to be paid to retailers;
vii. Other areas relating to the efficient
and economical operation and administration of a statewide Lottery consonant
with the public interest.
b. Delegation to Director. In addition to
those duties assigned to the Director in the Act, the Commission may, insofar
as is consistent with the Idaho Constitution and the Act, delegate the
performance of executive or administrative functions to the Director.
04.
Time and Place of
Meetings.
a. Regular meetings of the
Commission will be held at least quarterly; the date, time, and place will be
set by the Commission and, if possible, with at least two (2) weeks' advance
notice. The Commission may meet with the Director to make recommendations and
set policy, to approve or reject reports of the Director, to adopt rules, and
to transact other business.
b.
Additional meetings necessary to discharge the business of the Commission may
be called from time to time by the chairman or by a quorum of the
Commission.
05.
Open Meeting Law. All meetings of the Commission will be held in
accordance with Idaho's Open Meeting Law, Sections
67-2340, et seq., Idaho Code, and
in accordance with Section
67-7442, Idaho Code. All meetings
of the Commission are open to the public, except when executive session is
allowed for part of the meeting under the Open Meeting Law.
06.
Director. The Director is
responsible for the operation of the Lottery and for managing the affairs of
the Commission. A Deputy Director designated by the Director may act for the
Director in the absence of the Director. If there is a vacancy in the office of
Director, the Commission will designate the Deputy Director as Interim Director
until the vacancy can be filled.
07.
Powers and Duties of the
Director.
a. The Director has the
authority to implement and execute procedures that he may deem appropriate for
the efficient administration of the Lottery. The Director may also recommend
rules governing the establishment, administration, and operation of the Lottery
to the Commission for its approval;
b. The Director is authorized to employ
sufficient staff as may be required to carry out the functions of the
Commission and the Lottery;
c. The
Director may contract with retailers for the sale of Lottery games and will
suspend or terminate any contract in accordance with the provisions of the Act
and the rules of the Commission;
d.
The Director will continuously study and investigate all matters pertinent to
the efficient operation of the Lottery; and
e. The Director will maintain full and
complete records of the operation of the Lottery and report on at least a
monthly basis to the Commission and to the governor on the status of the
Lottery.
f. The duties and
responsibilities of the Director that are not otherwise specified in Idaho law
or the rules adopted by the Commission may be maintained as a policy of the
Commission for the purpose of establishing a working relationship between the
Director and the Commission.
08.
Lottery Budgets and Financial
Statements. The Director must:
a.
Submit quarterly financial statements to the Commission, the governor, the
state treasurer, and the legislature. The quarterly financial statements must
be prepared in accordance with generally accepted accounting principles and
include a balance sheet, a statement of operations, a statement of changes in
financial position, and related footnotes. The quarterly financial statements
must be provided within forty-five (45) days of the last day of each
quarter.
b. Submit annual financial
statements to the Commission, the governor, the state treasurer, and each
member of the legislature. The annual financial statements must be prepared in
accordance with generally accepted accounting principles and must include a
balance sheet, a statement of operations, a statement of changes in financial
position, and related footnotes. The annual financial statements must be
examined by the state controller or a firm of independent certified public
accountants in accordance with generally accepted auditing standards and must
be provided within ninety (90) days of the last day of the Lottery's fiscal
year.
09.
Contingency Reserve.
a. The
Director may, with the approval of the Commission, allot from moneys available
to pay administrative expenses an amount to be transferred to a contingency
reserve established by the Commission. The money allotted can include amounts
retained to fund specific future expenses or can be undesignated as to
purpose.
b. When the Commission
approves a contingency reserve, it must determine the amount necessary for a
reasonable contingency reserve.
c.
Upon approval of the Commission, money in the contingency reserve may be
authorized to be used for specific purposes of the Lottery or to be used to
fund general administrative expenses if there is a revenue shortfall. Expenses
funded from the contingency reserve cannot be included with other
administrative expenses for purposes of determining compliance with current
administrative expenditure limitations.
10.
Special Drawings.
a. The Director may authorize special
drawings to award prizes, such as vacation trips, automobiles, or other
tangible items in addition to, or in lieu of, cash awards. The Director will
determine the nature and number of awards for each special drawing. Special
drawings for promotional awards may be held independently of the Lottery's
regular prize drawings or may be incorporated therein. The promotional drawings
may be cosponsored and conducted in conjunction with Lottery retailers or other
independent businesses. In view of the temporary nature and indeterminate
frequency of the promotional awards drawings, a press announcement and normal
advertising media will be used to inform the public of the rules and prizes for
each special drawing.
b.
Notwithstanding the provisions of Paragraph 100.11.a. of this rule, the
Director may, at his discretion, award in-lieu equivalent cash awards to the
winners of tangible items, in those instances where the Director deems it
appropriate. The value of noncash items will be estimated by using either the
cost of the item or its fair-market value.
11.
Retail Drawings. The
Director and his designee may authorize retailers to conduct drawings using
non-winning Lottery tickets in conjunction with a particular Lottery game. Such
authorization will be in writing, specify the type of drawing to be conducted,
and forth the methodology to be used in conducting the drawing.
12.
Retail Ticket Price
Discounts.
a. Notwithstanding the price
adopted for the retail sale of a ticket in the rules for a specific Lottery
game, the Commission may offer discounts for the retail sale of Lottery
tickets.
i. Discounts for the retail sale of
Lottery tickets may be offered to the public through the use of coupons
approved by the Director or by any other method approved by the
Director.
ii. Coupons that offer a
discount on the retail price of Lottery tickets will be distributed using
methods designed to reach the public.
b. Rules for a promotion conducted by the
Lottery using retail ticket discounts will be published by the Director and
made available at the Lottery's offices and retailer locations.
13.
Allocation of Revenues
for Prizes.
a. Purpose: The primary
objective of the Lottery is to produce the maximum amount of net revenues to
benefit the public purpose of raising revenue consonant with the dignity of the
state and the sensibilities of its citizens. In accomplishing this objective,
at least forty-five percent (45%) of the total annual revenues will be returned
in the form of prizes. The Lottery may design and conduct games that return
more than forty-five percent (45%) of the revenues received from the sale of
tickets in the form of prizes as an incentive to increase the total amount of
game sales over the level of sales that otherwise would have been reasonably
expected using a lower prize percentage. Games may also be authorized that
return less than forty-five percent (45%) of that game's revenues so long as
forty-five percent (45%) of the total annual revenues is returned as
prizes.
b. Prize payments: In
addition to cash prize payments, money set aside by the Lottery and restricted
for the payment of prizes is considered in satisfying the requirement of
returning at least forty-five percent (45%) of total revenues to the public in
the form of prizes.
c. Averaging
game prize payments: Notwithstanding the prize structure adopted for a Lottery
game, the amount of revenue returned for prizes among all the games offered by
the Lottery may be reallocated so long as at least forty-five percent (45%) of
the total revenue earned from all games is returned to the public in the form
of prizes on an annual basis. The Director will report to the Commission on any
reallocations made pursuant to Section
100 of these
rules.
14.
Ownership of Lottery Tickets.
a.
Except for tickets claimed jointly in accordance with the provisions of
Paragraph 100.14.d. of this rule, until a name is printed or placed upon a
Lottery ticket in the designated area, the ticket is owned by the bearer, who
is entitled to any prize attributable to the ticket.
b. If more than one (1) name appears on a
ticket, the ticket must be claimed in accordance with the joint ownership
procedures listed in Paragraph 100.14.d. of this rule.
c. Groups, family units, clubs, or other
organizations may claim a winning ticket if the organization possesses a
Federal Employer Identification Number (FEIN) issued by the Internal Revenue
Service and that number is shown on the claim form.
d. If a ticket is claimed to be owned by two
(2) or more people, the following steps will be taken for payment of the prize:
i. All people claiming ownership must
complete and sign a claim form and declare their percentage of the prize prior
to processing the claim. After the claim form is submitted to the Lottery, the
percentage cannot be amended. The percentages claimed must add up to one
hundred percent (100%) of the prize.
ii. At least one (1) of the people claiming
ownership of the ticket must sign the ticket and also sign the claim
form.
iii. The Lottery reserves the
right to issue a single prize check instead of multiple prize checks to the
owners of a ticket if the value of each individual prize check would be less
than fifty dollars ($50).
iv.
Multiple winners of a Lottery prize will be paid only through the Boise Lottery
office. Lottery retailers will not be required to pay more than one (1) winner
of a single prize.
15.
Claims.
a. Liability. By submitting a claim, the
player agrees that the state, the Commission, the Lottery and all officials,
officers, and employees of each are discharged from all further liability upon
payment of the prize.
b. Publicity.
By submitting a claim, the player also agrees that the Lottery may use the
prize winner's name and photograph for publicity purposes.
c. Claim period. Prizes may be claimed for a
period of one hundred eighty (180) days after the drawing in which the prize
was won or from the last day tickets from the specific instant game were sold.
Prizes won through an electronic terminal are payable in accordance with the
Lottery's rules. If a claim is not made for the prize within the applicable
period, the prize money may be added to future prize pools, to be used in
addition to prize allotments already allocated, except as provided in Section
67-7433, Idaho Code.
d. Invalid tickets. If a ticket presented to
the Lottery is invalid pursuant to the terms of these rules or the specific
game rules, the ticket is not entitled to prize payment.
e. Ticket a bearer instrument. A ticket is a
bearer instrument until signed in the space designated on the ticket for
signature. The person who signs the ticket is considered the owner of the
ticket. Payment of any prize may be made to a person in possession of an
unsigned ticket. All liability of the state, the Commission, the Lottery, the
Director, and Lottery employees terminates upon payment.
f. Time of prize payment. All prizes will be
paid within a reasonable time after a claim is verified by the Lottery and a
winner is determined. The date of the first installment payment of any prize to
be paid in installment payments is the date the claim is validated and
processed, unless a different date is specified for a particular game in these
rules or in the specific game rules. Later installment payments will be made
approximately weekly, monthly, or annually, from the date the claim is
processed and validated in accordance with the type of prize won and the rules
applicable to the prize. The Lottery may, at any time, delay any prize payment
in order to review a change in circumstances concerning the prize awarded, the
payee, or the claim.
g. Prizes
payable for winner's life. If any prize is for the life of the winner, only an
individual may claim and receive the prize for life. If a group, corporation,
or other organization is the winner, the life of the winner is deemed to be
twenty (20) years.
16.
Prizes Payable After Death of Winner. All prizes, and portions of
prizes, that remain unpaid at the time of the prize winner's death will be
payable to the personal representative of the prize winner's estate once
satisfactory evidence of the personal representative's appointment has been
provided, and the Director is satisfied that payment to the personal
representative is lawful and proper. The Director may rely on a certified copy
of a court order appointing a personal representative (or similar person
responsible for the prize winner's estate, whether denominated an
administrator, executor, executrix, or other representative of the prize
winner's estate) or may petition the court to determine the proper payee.
Payment to the personal representative of the estate of the deceased owner of
any prize winnings will absolve the Director and the Lottery's employees of any
further liability for payment of prize winnings.
17.
Disability of Prize Winner.
The Lottery may petition any court of competent jurisdiction for a
determination of the rightful payee for the payment of any prize winnings that
are or may become due to a person under a disability including, but not limited
to, mental deficiency, or physical or mental incapacity.
18.
Stolen or Lost Tickets. The
Lottery has no responsibility for paying prizes attributable to stolen or lost
tickets.
19.
Effect of Game
Rules. In purchasing a ticket the player agrees to comply with Title 67,
Chapter 74, Idaho Code, these rules, the specific game rules, Lottery
instructions and procedures, and the final decisions of the Lottery. The
Lottery's decisions and judgments in respect to the determination of winning
tickets or any other dispute arising from the payment or awarding of prizes
will be final and binding upon all participants in the Lottery. If a dispute
between the Lottery and a player occurs as to whether a ticket is a winning
ticket and the prize is not paid, the Lottery may, solely at the Director's
option, replace the ticket with an unplayed ticket of an equivalent price from
any game or refund the price of the ticket. This will be the sole and exclusive
remedy of the player.
20.
Disputed Prizes. If there is a dispute, or it appears that there
may a dispute concerning payment or ownership of any prize or any other legal
issue involving the prize, the Lottery may refrain from making payment of the
prize pending a final determination by the Lottery or by a court of competent
jurisdiction as to the proper payment of the prize.
21.
Sale of Lottery Tickets.
Lottery tickets may be sold for cash, check, money order, credit card,
electronic funds transfer, or debit card.
Effective
March 25,
2022
