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S1194......................................................by STATE AFFAIRS
LOTTERY TICKETS - Amends existing law to provide for background
investigations of bingo and raffle operators and for vendors; to provide
felony penalties if a person presents a previously paid or illegally
obtained state lottery ticket or knowingly transfers a previously paid or
illegally obtained lottery ticket or share to another person for
presentation of payment; and to provide the value of a loss involving the
theft of lottery tickets.
03/01 Senate intro - 1st rdg - to printing
03/02 Rpt prt - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 21-13-1
AYES -- Andreason, Boatright, Bunderson, Cameron, Danielson,
Darrington, Dunklin, Geddes, Hawkins, Ingram, Keough, King-Barrutia,
Lee, Lodge, Noh, Richardson, Risch, Sandy, Sims, Thorne, Wheeler
NAYS -- Branch(Bartlett), Brandt, Burtenshaw, Davis, Deide, Frasure,
Goedde, Ipsen, Schroeder, Stegner, Stennett, Whitworth, Williams
Absent and excused -- Sorensen
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/12 House intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 46-18-6
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Clark, Collins, Deal, Denney, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Hornbeck, Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader,
Marley, Mortensen, Moss, Pischner, Pomeroy, Raybould, Sellman, Smith,
Stevenson, Stone, Swan(Block), Tilman, Trail, Young, Mr. Speaker
NAYS -- Barrett, Crow, Cuddy, Ellis, Ellsworth, Henbest, Higgins,
McKague, Meyer, Montgomery, Moyle, Pearce, Ridinger, Roberts,
Robison, Schaefer, Smylie, Wheeler
Absent and excused -- Chase, Jaquet, Kunz, Sali, Shepherd, Wood
Floor Sponsor -- Moss
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed
Sp signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 196
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1194
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO LOTTERY COMMISSION; AMENDING SECTION 67-7404, IDAHO
3 CODE, TO PROVIDE DEFINITIONS FOR "VALUE" AND "REDEMPTION VALUE" AND TO
4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-7410, IDAHO CODE, TO PRO-
5 VIDE FOR BACKGROUND INVESTIGATIONS OF BINGO AND RAFFLE OPERATORS AND FOR
6 VENDORS; AND AMENDING SECTION 67-7448, IDAHO CODE, TO PROVIDE FELONY PEN-
7 ALTIES IF A PERSON PRESENTS A PREVIOUSLY PAID OR ILLEGALLY OBTAINED STATE
8 LOTTERY TICKET OR KNOWINGLY TRANSFERS A PREVIOUSLY PAID OR ILLEGALLY
9 OBTAINED LOTTERY TICKET OR SHARE TO ANOTHER PERSON FOR PRESENTATION OF
10 PAYMENT AND TO PROVIDE THE VALUE OF A LOSS INVOLVING THE THEFT OF LOT-
11 TERY TICKETS SHALL BE THE FACE VALUE OF THE TICKETS PLUS THE REDEMPTION
12 VALUE AND TO MAKE TECHNICAL CORRECTIONS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 67-7404, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-7404. DEFINITIONS. As used in this chapter:
17 (1) "Administrative costs" means personnel costs, capital outlay, and
18 reasonable expenses incurred by other state agencies to effectuate the pur-
19 poses of this chapter.
20 (2) "Commission" means the Idaho state lottery commission.
21 (3) "Director" means the director of the lottery.
22 (4) "Expenses" means all costs of doing business including, but not lim-
23 ited to, prizes, commissions and other compensation paid to retailers, adver-
24 tising and marketing costs, personnel costs, capital outlay, reasonable
25 expenses incurred by other state agencies to effectuate the purposes of this
26 chapter, depreciation of property and equipment, and other operating costs,
27 all of which are to be recorded on the accrual basis of accounting in accor-
28 dance with generally accepted accounting principles.
29 (5) "Lottery" or "state lottery" means the state lottery established and
30 operated pursuant to this chapter.
31 (6) "Lottery contractor" means a person with whom the lottery has con-
32 tracted for the purposes of providing goods and services for the state lot-
33 tery.
34 (7) "Lottery game retailer" or "retailer" means a person with whom the
35 lottery has contracted for the purpose of selling tickets or shares in lottery
36 games to the public.
37 (8) "Lottery revenue" means revenue derived from the sale of lottery
38 tickets and shares. Such revenues shall be recorded on the accrual basis of
39 accounting in accordance with generally accepted accounting principles.
40 (9) "Lottery vendor" or "vendor" means any person who submits a bid, pro-
41 posal or offer as part of a major procurement for goods or services as defined
42 in subsection (11) of this section.
43 (10) "Low, medium and high tier claims" means the dollar amount of prizes
2
1 awarded in accordance with rules and regulations of the state lottery.
2 (11) "Major procurement" means any contract with a vendor supplying lot-
3 tery tickets or shares, data processing systems utilized to track, sell, dis-
4 tribute or validate lottery tickets or shares, any goods or services involving
5 the determination or generation of winners in any lottery game or any auditing
6 services.
7 (12) "Net income" means lottery revenue and nonlottery revenue, less
8 expenses, as defined in this chapter.
9 (13) "Person" shall be construed to mean and include an individual, asso-
10 ciation, corporation, club, trust, estate, society, company, joint stock com-
11 pany, receiver, trustee, assignee, referee or any other person acting in a
12 fiduciary or representative capacity, whether appointed by a court or other-
13 wise, and any combination of individuals. "Person" shall also be construed to
14 mean and include departments, commissions, agencies and instrumentalities of
15 the state of Idaho, including counties and municipalities and agencies or
16 instrumentalities thereof.
17 (14) "Redemption value" means the sum total of all winnings upon the
18 ticket presented for payment.
19 (15) "Share" means any intangible evidence of participation in a game con-
20 ducted by the state lottery.
21 (156) "Ticket" means any tangible evidence issued by the lottery to pro-
22 vide participation in a game conducted by the state lottery.
23 (17) "Value" means any ticket shall be taken at face value.
24 SECTION 2. That Section 67-7410, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-7410. DIRECTOR OF LOTTERY SECURITY. The director shall hire a security
27 director who shall manage the lottery's security division. The security divi-
28 sion shall be responsible for the performance of background investigations of
29 employees, lottery retailers, bingo and raffle operators, vendors and major
30 procurement contractors and for the enforcement of the criminal provisions of
31 this chapter. In addition, the security division shall develop a security plan
32 to be implemented by the lottery. The lottery's security division is herein
33 designated as an Idaho law enforcement agency. The director of security has
34 the authority to:
35 (1) Issue administrative subpoenas during the conduct of investigations
36 in accordance with commission rules and this chapter;
37 (2) Require fingerprint and background checks of prospective employees
38 and contractors; and
39 (3) Access criminal offender record information from the Idaho state
40 police for the purpose of background or other investigations performed in
41 accordance with this chapter.
42 Such information obtained and kept by the security director shall be sub-
43 ject to disclosure according to chapter 3, title 9, Idaho Code. Nothing herein
44 shall prohibit the lottery from disclosing information obtained by it to law
45 enforcement agencies or other lottery organizations for security or enforce-
46 ment purposes.
47 SECTION 3. That Section 67-7448, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-7448. PROHIBITED ACTS -- PENALTIES. (1) Any person may provide gift
50 tickets or shares. With the approval of the commission, the director or a lot-
51 tery retailer may provide gift tickets for promotional purposes which are
3
1 approved by the commission. A ticket or share shall not be sold at a price
2 greater than that fixed by the state lottery, and a sale shall not be made
3 other than by a lottery game retailer or by an employee of a lottery game
4 retailer who is authorized by the license to sell tickets.
5 A person may not sell a lottery ticket or share to any person under the
6 age of eighteen (18) years. A minor may not purchase lottery tickets or shares
7 and may not redeem winning tickets or shares.
8 A lottery retailer may not wilfully willfully withhold funds due and owing
9 to the state lottery. A person may not impersonate a state lottery representa-
10 tive.
11 Any person violating any of the provisions of this chapter except as pro-
12 vided in subsection (2) of this section shall be guilty of a misdemeanor and
13 upon conviction be fined up to five thousand dollars ($5,000) or imprisoned up
14 to six (6) months or be both so fined and imprisoned.
15 (2) A person shall be guilty of a felony if he knowingly presents a coun-
16 terfeit, previously paid, illegally obtained or altered state lottery ticket
17 or share for payment or knowingly transfers a counterfeit, previously paid,
18 illegally obtained or altered state lottery ticket or share to another person
19 for presentation for payment or with intent to defraud, falsely make, alter,
20 forge, pass or counterfeit a lottery ticket or share. A person violating the
21 provisions of this subsection shall be punished by imprisonment not in excess
22 of five (5) years, a fine not in excess of twenty-five thousand dollars
23 ($25,000) or both such fine and imprisonment.
24 (3) Determination of loss. The value of a loss involving the theft of
25 lottery tickets shall be the face value of the tickets plus the redemption
26 value as defined in section 67-7404, Idaho Code.
STATEMENT OF PURPOSE
RS 11213
The proposed legislation will amend sections of the Idaho Lottery
Security statutes to allow the Director of Security to perform
background investigations for Bingo and Raffle operators and
vendors who supply games to the Idaho Lottery.
This legislation will also add to the Idaho Lottery felony
statutes that any person who knowingly presents a previously
paid or stolen lottery ticket and tries to redeem it will be charged
with a felony. Which will enable the Idaho Lottery to establish
a value of loss as a result from the previously paid or stolen tickets.
FISCAL IMPACT:
NONE
CONTACT:
Amy H. Harwood, Idaho Lottery
(208) 334-2600
S 1194