74-8720. (a) As nearly as practical, an amount equal to not less than 45% of the total sales of lottery tickets or shares, computed on an annual basis, shall be allocated for payment of lottery prizes.
(b) The prize to be paid or awarded for each winning ticket or share shall be paid to one natural person who is adjudged by the executive director, the director's designee or the retailer paying the prize, to be the holder of such winning ticket or share, or the person designated in writing by the holder of the winning ticket or share on a form satisfactory to the executive director, except that the prize of a deceased winner shall be paid to the duly appointed representative of the estate of such winner or to such other person or persons appearing to be legally entitled thereto.
(c) The executive director shall award the designated prize to the holder of the ticket or share upon the validation of a claim or confirmation of a winning share. The executive director shall have the authority to make payment for prizes by any means deemed appropriate upon the validation of winning tickets or shares.
(d) The right of a person to a prize drawn or awarded is not assignable.
(e) No person under 18 years of age shall be eligible to claim a lottery prize.
(f) All prizes awarded shall be taxed as Kansas source income and shall be subject to all state and federal income tax laws and rules and regulations. State income taxes shall be withheld from prizes paid whenever federal income taxes are required to be withheld under current federal law.
(g) Unclaimed prize money not payable directly by lottery retailers shall be retained for the period established by rules and regulations and if no claim is made within such period, then such unclaimed prize money shall be added to the prize pools of subsequent lottery games.
(h) The state of Kansas, members of the commission and employees of the Kansas lottery shall be discharged of all further liability upon payment of a prize pursuant to this section.
(i) The Kansas lottery shall not publicly disclose the identity of any person awarded a prize except upon written authorization of such person.
History: L. 1987, ch. 292, § 20; L. 1988, ch. 381, § 15; L. 1991, ch. 246, § 2; L. 2015, ch. 62, § 23; July 1.
Revisor's Note:
Section was amended twice in 1988 session, see also 74-8720a.
CASE ANNOTATIONS
1. Whether one must have possession of a winning lottery ticket to have a right to collect winnings examined. Fowles v. Kansas State Lottery, 254 Kan. 557, 560, 563, 867 P.2d 357 (1994).
2. Unclaimed prize held by Kansas Lottery to be added to prize pools of subsequent lottery games, not given to other winning ticket holders. Reifschneider v. Kansas State Lottery, 270 Kan. 560, 17 P.3d 907 (2001).
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