1855142 These Emergency and Proposed rules are necessary to implement changes to the Powerball game which start on Jan 15, 2012

THE DISTRICT OF COLUMBIA

LOTTERY AND CHARITABLE GAMES CONTROL BOARD

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Executive Director of the District of Columbia Lottery and Charitable Games Control Board (D.C. Lottery) , pursuant to the authority set forth in D.C. Official Code §§ 3-1306 and 3-1321(2007 Repl.); District of Columbia Financial Responsibility and Management Assistance Authority Order issued September 21, 1996; and Office of the Chief Financial Officer Financial Management Control Order No. 96-22 issued November 18, 1996, hereby gives notice of the adoption of amendments to chapter 9 of title 30 DCMR, “Lottery and Charitable Games” on an emergency basis. These emergency amendments are necessary to implement unilateral changes to a national wide game POWERBALL® game. These changes start January 15, 2012. It is anticipated that these emergency regulations will allow the Agency to generate additional funds for the District of Columbia that it would otherwise not be. This emergency rulemaking was adopted on December 13, 2011, and become effective on that January 15, 2012. The Executive Director also gives notice of the intent to take final rulemaking action to adopt these amendments in no less than thirty (30) days from the date of publication. These emergency rules will expire on June 11, 2012, one hundred twenty (120) days from the effective date or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

 

Chapter 9, DESCRIPTION OF ONLINE GAMES, of Title 30, DC LOTTERYAND CHARITABLE GAMES CONTROL BOARD, of the DCMR is amended as follows:

 

Section 906, DESCRIPTION OF THE POWERBALLÒ GAME, is amended as follows:

 

Subsections 906.1 and 906.4 are amended to read as follows:

 

906.1               POWERBALL® is a five (5) out of fifty-nine (59) plus one (1) out of thirty-five (35) online lottery game which pays the Grand Prize, at the player’s election, on an annuitized pari-mutuel basis or as a cash lump sum payment of the total cash held for this prize pool on a pari-mutuel basis. Except as provided in these rules, all other prizes are paid on a fixed cash basis. To play POWERBALL®, a player must select five (5) different numbers, between one (1) and fifty-nine (59) and one (1) additional number between one (1) and thirty-five (35) for input into a terminal.

 

906.4               The price of a Power Ball® game ticket shall be one (1) play for two dollars

($ 2) or any other price designated by the Executive Director from a price schedule adopted by the Board pursuant to § 500.1.

 

Section 909, POWERBALL® FIXED PRIZE STRUCTURE, is amended as follows:

 

Subsections 909.1 and 909.3 are amended to read as follows:

 

 

909.1               Provided the prize pools are fully funded, the fixed prize payments for POWERBALL® based on a two dollar ($2) bet are as follows:

 

  Number of Matches Per Play

 

(a)        All five (5) of the first set and                                           $2,000,000.00

            none of the second set                                                                      

 

(b)        Any four (4) of the first set plus                                        $40,000.00

            one (1) of the second set

           

(c)        Any four (4) of the first set and                                         $ 200.00

            none of the second set                                                       

 

(d)       Any three (3) of the first set plus                                       $ 200.00

            one (1) of the second set                                                   

 

(e)        Any three (3) of the first set and                                        $14.00

            none of the second set                                                       

 

(f)        Any two (2) of the first set plus                                         $14.00

            one (1) of the second set                                                   

 

(g)        Any one (1) of the first set plus                                         $12.00

            one (1) of the second set                                                   

                    

(h)        None of the first set plus                                                    $12.00

            one (1) of the second set                                                   

           

909.3               The prize pool percentage allocated to the fixed prize (the cash prize of one hundred thousand dollars ($100,000) or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the fixed prizes awarded in the current draw. If the total of the fixed prizes awarded in a drawing exceeds the percentage of the prize pool allocated to the fixed prizes, then the amount needed to fund the fixed prizes awarded shall be drawn from the following sources in the following order:

(a)        The amount allocated to the fixed prizes and carried forward from previous draws, if any; and

(b)        An amount from the Prize Reserve Account, if available, not to exceed forty million dollars ($40,000.00) per drawing.

 

 

Section 910, PROBABILITY OF WINNING, is amended as follows:

 

Subsection 910.1 is amended to read as follows:

 

910.1               The following table sets forth the probability of winning and the probable distribution of winners in and among each prize category, based upon the total number of possible combinations in POWERBALLÒ

 

                                                             Probability Distribution

                                                                                                                                Probable/Set

Number of Matches Per Ticket  Winners            Probability                          Prize Amount

 

All five (5) of first set plus

one (1) of second set                             1     1:  175,223,510.0000                         Grand Prize

 

All five (5) of first set

and none of second set                        34     1:        5,153,632.6471                         $1,000,000

 

Any four (4) of first set plus

one (1) of second set                         270     1:          648,975.9630                              $10,000

 

Any four (4) of first set

and none of second set                   9,180     1:             19,087.5283                                   $100

 

Any three (3) of first set plus

one (1) of second set                    14,310     1:             12,244.8295                                   $100

 

Any three (3) of first set

and none of second set               486,540     1:                  360.1420                                       $7

 

Any two (2) of first set plus

one (1) of second set                  248,040     1:                  706.4325                                       $7

 

Any one (1) of first set plus

one (1) of second set               1,581,255     1:                  110.8129                                       $4

 

None of first set plus

one (1) of second set               3,162,510     1:                    55.4065                                       $4

 

 

Overall                                     5,502,140     1:                    31.8464

 

 

Section 913, DESCRIPTION OF THE POWERBALL POWER PLAY PROMOTION, is amended as follows:

 

Subsection 913.3 is amended to read as follows:

 

913.3                                          A qualifying play including Powerball and Power Play which wins one (1) of the eight (8) lowest lump sum set prizes (excluding the Jackpot prize) shall be paid as follows:

 

Match 5+0	$2 Million
Match 4+1	$40,000
Match 4+0	$200
Match 3+1	$200
Match 3+0	$14
Match 2+1	$14
Match 1+1	$12
Match 0+1	$12

 

Section 913, DESCRIPTION OF THE POWERBALL POWER PLAY PROMOTION, is amended as follows:

 

Subsections 913.4 and 913.5 are amended to read as follows:

 

913.4                              REPEALED

 

913.5                              REPEALED

 

Section 914, POWERBALL® POWER PLAY PRIZE POOL AND PRIZE PAYMENT, is amended as follows:

 

Subsections 914.1 through 914.5 are amended to read as follows:

 

 

914.1                              The prize pool for all prize categories shall consist of up to forty-nine percent (0.49%) and ninety-six one-hundredths percent (0.96%) of each drawing period's sales, including tax, after the POWERBALL® prize reserve accounts reach the amounts designated by the Executive Director in accordance with all agreements governing the conduct of POWERBALL® and Power Play.  Once the prize reserve accounts exceed the designated amounts, the excess shall become part of the prize pool.  Any amount remaining in the prize pool at the end of this game shall be carried forward to a replacement game prize reserve account or expended as otherwise directed by the Executive Director in accordance with all agreements governing the conduct of POWERBALL® and Power Play.

 

914.2               An additional four-one hundredths of one percent (0.04%) of sales, including tax, may be collected and placed in trust in one (1) or more prize reserve accounts until the prize reserve accounts reach the amounts designated by the Executive Director in accordance with all agreements governing the conduct of POWERBALL® and Power Play.

 

914.3               In certain rare instances, the POWERBALL® set prize amount may be less than the amount shown.  In such case, the Power Play prizes will be changed to an amount announced at the draw.  For example, if the Match 4+1 POWERBALL® set prize amount of ten thousand dollars ($10,000) becomes five thousand dollars ($5,000) under the rules of the POWERBALL® game, then a Power Play player winning that prize amount would win twenty thousand dollars ($20,000).

 

914.4                              Power Play does not apply to the POWERBALL® Grand Prize or to any Bonus Prize.

 

914.5               REPEALED

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days from the date of publication of this notice in the D.C. Register.  Comments should be filed with the Executive Director, District of Columbia Lottery and Charitable Games Control Board, 2101 Martin Luther King, Jr., Avenue, S.E., Washington, D.C. 20020.  Copies of these proposed rules may be obtained at the address stated above.