CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2224

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 2, line 3, through page 3, line 7, delete those

15  lines

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17  and insert:

18         (b)  "Operator" means any person, firm, corporation, or

19  association or any contractor, representative, agent, or

20  employee thereof, who promotes, advertises, endorses,

21  sponsors, operates, or conducts a game promotion, except any

22  charitable nonprofit organization.

23         (c)  "Older individual" means an individual who is 60

24  years of age or older.

25         (d)  "Total announced value" means the total cumulative

26  retail value of all prizes advertised, promoted, or otherwise

27  offered.

28         (2)  It is unlawful for any operator:

29         (a)  To design, engage in, promote, or conduct such a

30  game promotion, in connection with the promotion or sale of

31  consumer products or services, wherein the winner may be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2224

    Amendment No.    





 1  predetermined or the game may be manipulated or rigged so as

 2  to:

 3         1.  Allocate a winning game or any portion thereof to

 4  certain lessees, agents, or franchises; or

 5         2.  Allocate a winning game or part thereof to a

 6  particular period of the game promotion or to a particular

 7  geographic area;

 8         (b)  Arbitrarily to remove, disqualify, disallow, or

 9  reject any entry;

10         (c)  To fail or refuse to award or distribute all

11  prizes offered;

12         (d)  To print, publish, or circulate literature or

13  advertising material used in connection with such game

14  promotions which is false, deceptive, or misleading; or

15         (e)  To require an entry fee, payment, or proof of

16  purchase as a condition of entering a game promotion;.

17         (f)  To send advertising and promotional material in

18  connection with game promotion to any person or any guardian

19  or agent who has requested that his or her name be deleted

20  from such game promotion distribution. Such a request must be

21  processed by the operator within 60 days;

22         (g)  To use more than one type size, color of print, or

23  type style within the same sentence or clause in any letter or

24  on any envelope mailed to the public in connection with game

25  promotion regarding the fact, likelihood, or odds of winning a

26  prize;

27         (h)  To fail to disclose clearly and prominently in all

28  advertising material used in connection with the game

29  promotion that no purchase or payment is necessary to play or

30  enter; or

31         (i)  To make any deceptive, false, or misleading

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    9:25 AM   04/14/98                              s2224c1c-33c5d




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2224

    Amendment No.    





 1  representation, or engage in any deceptive or unfair act or

 2  practice, in connection with the game promotion.

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, lines 4 and 5, delete the phrase "term

 8  'older individual'"

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10  and insert:

11         terms "older individual" and "total announced

12         value"

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    9:25 AM   04/14/98                              s2224c1c-33c5d