H. B. No. 122 As Introduced

Representatives Wagoner, McGregor, Martin, Wagner, T. Patton, Hoops, Uecker, Seitz, Combs, Gibbs, Flowers, Collier, D. Evans, Calvert, Reidelbach, Setzer, Strahorn, Garrison, Latta, C. Evans, Kearns, Blasdel, Law, Gilb, Webster, Ujvagi, Harwood, Daniels

A BILL

To amend section 3770.07 of the Revised Code to 1
prohibit the claiming and payment of a lottery 2
prize award with a value in excess of $599 until 3
the beneficial owner's name, address, and Social 4
Security number are disclosed to the State Lottery 5
Commission. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3770.07 of the Revised Code be 7
amended to read as follows: 8

       Sec. 3770.07. (A)(1) Except as provided in division (A)(2) 9
of this section, lottery prize awards shall be claimed by the 10
holder of the winning lottery ticket, or by the executor or 11
administrator, or the trustee of a trust, of the estate of a 12
deceased holder of a winning lottery ticket, in a manner to be 13
determined by the state lottery commission, within one hundred 14
eighty days after the date on which the prize award was announced 15
if the lottery game is an ~~on-line~~online game, and within one 16
hundred eighty days after the close of the game if the lottery 17
game is an instant game. No lottery prize award with a value that 18
exceeds five hundred ninety-nine dollars shall be claimed by or 19
paid to any person, as defined in section 1.59 of the Revised Code 20
or as defined by rule or order of the state lottery commission, 21
until the name, address, and social security number of each 22
beneficial owner of the prize award are disclosed to the 23
commission. Except with a beneficial owner's permission, the name, 24
address, and social security number of that beneficial owner in 25
the commission's records as a result of that disclosure are not 26
subject to inspection or copying under section 149.43 of the 27
Revised Code as a public record. 28

       (2) An eligible person serving on active military duty in any 29
branch of the United States armed forces during a war or national 30
emergency declared in accordance with federal law may submit a 31
delayed claim for a lottery prize award. The eligible person shall 32
do so by notifying the state lottery commission about the claim 33
not later than the five hundred fortieth day after the date on 34
which the prize award was announced if the lottery game is an 35
~~on-line~~online game or after the date on which the lottery game 36
closed if the lottery game is an instant game. 37

       (3) If no valid claim to a lottery prize award is made within 38
the prescribed period, the prize money, the cost of goods and 39
services awarded as prizes, or, if goods or services awarded as 40
prizes are resold by the state lottery commission, the proceeds 41
from their sale shall be returned to the state lottery fund and 42
distributed in accordance with section 3770.06 of the Revised 43
Code. 44

       (4) As used in this division: 45

       (a) "Eligible person" means a person who is entitled to a 46
lottery prize award and who falls into either of the following 47
categories: 48

       (i) While on active military duty in this state, the person, 49
as the result of a war or national emergency declared in 50
accordance with federal law, is transferred out of this state 51
before the one hundred eightieth day after the date on which the 52
winner of the lottery prize award is selected. 53

       (ii) While serving in the reserve forces in this state, the 54
person, as the result of a war or national emergency declared in 55
accordance with federal law, is placed on active military duty and 56
is transferred out of this state before the expiration of the one 57
hundred eightieth day after the date on which the prize drawing 58
occurs for an ~~on-line~~online game or before the expiration of the 59
one hundred eightieth day following the close of an instant game 60
as determined by the commission. 61

       (b) "Active military duty" means that a person is covered by 62
the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50 63
U.S.C. 501 et seq., as amended, or the "Uniformed Services 64
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 65
38 U.S.C. 4301 et seq., as amended. 66

       (c) "Each beneficial owner" means the ultimate recipient or, 67
if there is more than one, each ultimate recipient of a lottery 68
prize award. 69

       (B) If a prize winner, as defined in section 3770.10 of the 70
Revised Code, is under eighteen years of age, or is under some 71
other legal disability, and the prize money or the cost of goods 72
or services awarded as a prize exceeds one thousand dollars, the 73
director of the state lottery commission shall order that payment 74
be made to the order of the legal guardian of that prize winner. 75
If the amount of the prize money or the cost of goods or services 76
awarded as a prize is one thousand dollars or less, the director 77
may order that payment be made to the order of the adult member, 78
if any, of that prize winner's family legally responsible for the 79
care of that prize winner. 80

       (C) No right of any prize winner, as defined in section 81
3770.10 of the Revised Code, to a prize award shall be the subject 82
of a security interest or used as collateral. 83

       (D)(1) No right of any prize winner, as defined in section 84
3770.10 of the Revised Code, to a prize award shall be assignable, 85
or subject to garnishment, attachment, execution, withholding, or 86
deduction, except as follows: as provided in sections 3119.80, 87
3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code; when 88
the payment is to be made to the executor or administrator, or the 89
trustee of a trust, of the estate of a winning ticket holder; when 90
the award of a prize is disputed, any person may be awarded a 91
prize award to which another has claimed title, pursuant to the 92
order of a court of competent jurisdiction; when a person is 93
awarded a prize award to which another has claimed title, pursuant 94
to the order of a federal bankruptcy court under Title 11 of the 95
United States Code; when the director is to make a payment 96
pursuant to section 3770.071 or 3770.073 of the Revised Code; or 97
as provided in sections 3770.10 to 3770.14 of the Revised Code. 98

       (2) The state lottery commission shall adopt rules pursuant 99
to section 3770.03 of the Revised Code concerning the payment of 100
prize awards upon the death of a prize winner, as defined in 101
section 3770.10 of the Revised Code. Upon the death of a prize 102
winner, the remainder of the prize winner's prize award, to the 103
extent it is not subject to a transfer agreement under sections 104
3770.10 to 3770.14 of the Revised Code, may be paid to the 105
executor, administrator, or trustee in the form of a discounted 106
lump sum cash settlement. 107

       (E) No lottery prize award shall be awarded to or for any 108
officer or employee of the state lottery commission, any officer 109
or employee of the auditor of state actively coordinating and 110
certifying commission drawings, or any blood relative or spouse of 111
such an officer or employee of the commission or auditor of state 112
living as a member of the officer's or employee's household, nor 113
shall any such officer, employee, blood relative, or spouse 114
attempt to claim a lottery prize award. 115

       (F) The director may prohibit vendors to the state lottery 116
commission and their employees from being awarded a lottery prize 117
award. 118

       (G) Upon the payment of prize awards pursuant to this 119
section, the director and the state lottery commission are 120
discharged from all further liability for their payment. 121

       Section 2. That existing section 3770.07 of the Revised Code 122
is hereby repealed. 123

Section 1. That section 3770.07 of the Revised Code be	7
amended to read as follows:	8

Sec. 3770.07. (A)(1) Except as provided in division (A)(2)	9
of this section, lottery prize awards shall be claimed by the	10
holder of the winning lottery ticket, or by the executor or	11
administrator, or the trustee of a trust, of the estate of a	12
deceased holder of a winning lottery ticket, in a manner to be	13
determined by the state lottery commission, within one hundred	14
eighty days after the date on which the prize award was announced	15
if the lottery game is an ~~on-line~~online game, and within one	16
hundred eighty days after the close of the game if the lottery	17
game is an instant game. No lottery prize award with a value that	18
exceeds five hundred ninety-nine dollars shall be claimed by or	19
paid to any person, as defined in section 1.59 of the Revised Code	20
or as defined by rule or order of the state lottery commission,	21
until the name, address, and social security number of each	22
beneficial owner of the prize award are disclosed to the	23
commission. Except with a beneficial owner's permission, the name,	24
address, and social security number of that beneficial owner in	25
the commission's records as a result of that disclosure are not	26
subject to inspection or copying under section 149.43 of the	27
Revised Code as a public record.	28

(2) An eligible person serving on active military duty in any	29
branch of the United States armed forces during a war or national	30
emergency declared in accordance with federal law may submit a	31
delayed claim for a lottery prize award. The eligible person shall	32
do so by notifying the state lottery commission about the claim	33
not later than the five hundred fortieth day after the date on	34
which the prize award was announced if the lottery game is an	35
~~on-line~~online game or after the date on which the lottery game	36
closed if the lottery game is an instant game.	37

(3) If no valid claim to a lottery prize award is made within	38
the prescribed period, the prize money, the cost of goods and	39
services awarded as prizes, or, if goods or services awarded as	40
prizes are resold by the state lottery commission, the proceeds	41
from their sale shall be returned to the state lottery fund and	42
distributed in accordance with section 3770.06 of the Revised	43
Code.	44

(a) "Eligible person" means a person who is entitled to a	46
lottery prize award and who falls into either of the following	47
categories:	48

(i) While on active military duty in this state, the person,	49
as the result of a war or national emergency declared in	50
accordance with federal law, is transferred out of this state	51
before the one hundred eightieth day after the date on which the	52
winner of the lottery prize award is selected.	53

(ii) While serving in the reserve forces in this state, the	54
person, as the result of a war or national emergency declared in	55
accordance with federal law, is placed on active military duty and	56
is transferred out of this state before the expiration of the one	57
hundred eightieth day after the date on which the prize drawing	58
occurs for an ~~on-line~~online game or before the expiration of the	59
one hundred eightieth day following the close of an instant game	60
as determined by the commission.	61

(b) "Active military duty" means that a person is covered by	62
the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50	63
U.S.C. 501 et seq., as amended, or the "Uniformed Services	64
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,	65
38 U.S.C. 4301 et seq., as amended.	66

(c) "Each beneficial owner" means the ultimate recipient or,	67
if there is more than one, each ultimate recipient of a lottery	68
prize award.	69

(B) If a prize winner, as defined in section 3770.10 of the	70
Revised Code, is under eighteen years of age, or is under some	71
other legal disability, and the prize money or the cost of goods	72
or services awarded as a prize exceeds one thousand dollars, the	73
director of the state lottery commission shall order that payment	74
be made to the order of the legal guardian of that prize winner.	75
If the amount of the prize money or the cost of goods or services	76
awarded as a prize is one thousand dollars or less, the director	77
may order that payment be made to the order of the adult member,	78
if any, of that prize winner's family legally responsible for the	79
care of that prize winner.	80

(C) No right of any prize winner, as defined in section	81
3770.10 of the Revised Code, to a prize award shall be the subject	82
of a security interest or used as collateral.	83

(D)(1) No right of any prize winner, as defined in section	84
3770.10 of the Revised Code, to a prize award shall be assignable,	85
or subject to garnishment, attachment, execution, withholding, or	86
deduction, except as follows: as provided in sections 3119.80,	87
3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code; when	88
the payment is to be made to the executor or administrator, or the	89
trustee of a trust, of the estate of a winning ticket holder; when	90
the award of a prize is disputed, any person may be awarded a	91
prize award to which another has claimed title, pursuant to the	92
order of a court of competent jurisdiction; when a person is	93
awarded a prize award to which another has claimed title, pursuant	94
to the order of a federal bankruptcy court under Title 11 of the	95
United States Code; when the director is to make a payment	96
pursuant to section 3770.071 or 3770.073 of the Revised Code; or	97
as provided in sections 3770.10 to 3770.14 of the Revised Code.	98

(2) The state lottery commission shall adopt rules pursuant	99
to section 3770.03 of the Revised Code concerning the payment of	100
prize awards upon the death of a prize winner, as defined in	101
section 3770.10 of the Revised Code. Upon the death of a prize	102
winner, the remainder of the prize winner's prize award, to the	103
extent it is not subject to a transfer agreement under sections	104
3770.10 to 3770.14 of the Revised Code, may be paid to the	105
executor, administrator, or trustee in the form of a discounted	106
lump sum cash settlement.	107

(E) No lottery prize award shall be awarded to or for any	108
officer or employee of the state lottery commission, any officer	109
or employee of the auditor of state actively coordinating and	110
certifying commission drawings, or any blood relative or spouse of	111
such an officer or employee of the commission or auditor of state	112
living as a member of the officer's or employee's household, nor	113
shall any such officer, employee, blood relative, or spouse	114
attempt to claim a lottery prize award.	115

(F) The director may prohibit vendors to the state lottery	116
commission and their employees from being awarded a lottery prize	117
award.	118

(G) Upon the payment of prize awards pursuant to this	119
section, the director and the state lottery commission are	120
discharged from all further liability for their payment.	121

Section 2. That existing section 3770.07 of the Revised Code	122
is hereby repealed.	123