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H. B. No. 122 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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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 prohibit the claiming and payment of a lottery prize award with a value in excess of $599 until the beneficial owner's name, address, and Social Security number are disclosed to the State Lottery Commission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3770.07 of the Revised Code be amended to read as follows:
Sec. 3770.07. (A)(1) Except as provided in division (A)(2) of this section, lottery prize awards shall be claimed
by the holder of the winning lottery ticket, or by the executor
or
administrator, or the trustee of a trust, of the
estate of a
deceased holder of a winning lottery
ticket, in a manner to be determined
by the state lottery
commission, within one hundred eighty days
after the date on
which the prize award was announced if the
lottery game is an
on-line online game, and within one hundred eighty
days after the close
of the game if the lottery game is an instant
game. No lottery prize award with a value that exceeds five hundred ninety-nine dollars shall be claimed by or paid to any person, as defined in section 1.59 of the Revised Code or as defined by rule or order of the state lottery commission, until the name, address, and social security number of each beneficial owner of the prize award are disclosed to the commission. Except with a beneficial owner's permission, the name, address, and social security number of that beneficial owner in the commission's records as a result of that disclosure are not subject to inspection or copying under section 149.43 of the Revised Code as a public record. (2) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may submit a delayed claim for a lottery prize award. The eligible person shall do so by notifying the state lottery commission about the claim not later than the five hundred fortieth day after the date on which the prize award was announced if the lottery game is an on-line online game or after the date on which the lottery game closed if the lottery game is an instant game. (3) If no valid
claim to a lottery prize award is made within the
prescribed period,
the prize money, the cost of goods and
services awarded as
prizes, or, if goods or services awarded as prizes are
resold by the state lottery
commission, the proceeds from their sale shall be
returned to the
state lottery fund and distributed in accordance
with section
3770.06 of the Revised Code.
(4) As used in this division: (a) "Eligible person" means a person who is entitled to a lottery prize award and who falls into either of the following categories: (i) While on active military duty in this state, the person, as the result of a war or national emergency declared in accordance with federal law, is transferred out of this state before the one hundred eightieth day after the date on which the winner of the lottery prize award is selected. (ii) While serving in the reserve forces in this state, the person, as the result of a war or national emergency declared in accordance with federal law, is placed on active military duty and is transferred out of this state before the expiration of the one hundred eightieth day after the date on which the prize drawing occurs for an on-line online game or before the expiration of the one hundred eightieth day following the close of an instant game as determined by the commission. (b) "Active military duty" means that a person is covered by the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. 501 et seq., as amended, or the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301 et seq., as amended. (c) "Each beneficial owner" means the ultimate recipient or, if there is more than one, each ultimate recipient of a lottery prize award. (B) If a
prize winner, as
defined in section 3770.10 of the
Revised Code, is under eighteen
years of age, or is under some
other legal disability, and the
prize money or the cost of goods
or services awarded as a prize
exceeds one thousand dollars, the
director of the state lottery commission shall order that
payment be made to the order of the
legal guardian of
that prize winner. If the amount of the prize
money
or the
cost of
goods or services awarded as a prize is one
thousand
dollars or
less, the director may order that payment be
made to
the order of
the adult member, if any, of
that prize
winner's family
legally responsible for
the care of
that prize
winner. (C) No right of any
prize winner, as defined in
section
3770.10 of the Revised Code, to a prize award shall be the
subject
of a security interest or used as collateral. (D)(1) No right of any
prize winner, as defined in
section
3770.10 of the Revised Code, to a prize award shall be
assignable,
or subject to garnishment, attachment, execution,
withholding, or
deduction, except as follows: as provided in
sections 3119.80,
3119.81, 3121.02, 3121.03, and
3123.06 of the
Revised Code; when
the
payment is to be made to the executor or
administrator, or the
trustee of a trust, of the estate of a winning
ticket holder; when
the award of a prize is disputed, any person
may be awarded a
prize award to which another has claimed title,
pursuant to the
order of a court of competent jurisdiction; when a person is awarded a prize award to which another has claimed title, pursuant to the order of a federal bankruptcy court under Title 11 of the United States Code;
when the director
is
to make a payment pursuant to section
3770.071 or 3770.073 of the Revised
Code; or as provided in sections 3770.10
to 3770.14 of
the Revised
Code. (2) The state lottery commission shall adopt rules pursuant to section
3770.03
of the
Revised Code concerning the payment of prize awards
upon
the death of a prize winner, as defined in section 3770.10 of the Revised Code. Upon the death of a prize winner,
the
remainder
of the prize winner's prize award, to the
extent it
is
not subject to a transfer agreement under sections
3770.10 to
3770.14 of the Revised Code, may be paid to the
executor,
administrator,
or trustee in the form of a discounted
lump sum
cash settlement. (E) No lottery prize award shall be awarded to or for any
officer or employee of the state lottery commission, any officer
or
employee of the auditor of state actively coordinating and certifying
commission drawings, or any blood
relative or spouse of
such an officer or employee of the commission or auditor
of state
living as a member
of the officer's or employee's household, nor
shall any such officer,
employee, blood relative, or spouse attempt to
claim a lottery prize
award. (F) The director may prohibit vendors to the state lottery commission and
their employees from being awarded a lottery prize award. (G) Upon the payment of
prize awards pursuant to this
section, the director and the state lottery
commission are discharged from all
further liability for their payment.
Section 2. That existing section 3770.07 of the Revised Code is hereby repealed.
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