WSR 98-04-022

PROPOSED RULES

GAMBLING COMMISSION

[Filed January 28, 1998, 11:28 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Gambling services supplier defined, WAC 230-02-205.

Purpose: Change rule to exclude those who provide storage, counting services, and/or specialized recordkeeping services for gambling activities from the definition of gambling services supplier.

Statutory Authority for Adoption: RCW 9.46.070 (11) and (14).

Summary: See Purpose above.

Reasons Supporting Proposal: Rule change would allow "dead game services" suppliers to be exempted from the licensing requirements of gambling services suppliers.

Name of Agency Personnel Responsible for Drafting: Soojin Kim, Lacey, (360) 438-7654 ext. 310; Implementation: Ben Bishop, Lacey, (360) 438-7654 ext. 302; and Enforcement: Carrie Tellefson, Lacey, (360) 438-7654 ext. 373.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: Currently, the definition of gambling related services includes, "Providing storage, counting services, and/or specialized recordkeeping services for the gambling activity (except general recordkeeping services provided by a professional accountant)." The amendment to WAC 230-02-205 deletes the reference to storage, counting services, and/or specialized recordkeeping services.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Holiday Inn Sea-Tac, 17338 International Boulevard, SeaTac, WA 98188, (206) 248-1000, on March 13, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Susan Green by March 1, 1998, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Soojin Kim, Mailstop 42400, Olympia, Washington 98504-2400, FAX (360) 438-8652, by February 28, 1998.

Date of Intended Adoption: March 13, 1998.

Soojin Kim

Rules and Policy Coordinator

AMENDATORY SECTION (Amending WSR 97-24-031, filed 11/25/97, effective 1/1/98)

WAC 230-02-205 Gambling services supplier defined. A "gambling services supplier" is any person who provides gambling related services for compensation, whether direct or indirect, to any licensed operator or Class III tribal gaming facility, and who is not an employee of the operator receiving such services.

(1) Gambling related services include at least the following:

(a) Providing consulting or advisory services regarding gambling activities;

(b) Providing gambling related management services; or

(c) ((Providing storage, counting services, and/or specialized recordkeeping services for the gambling activity (except general recordkeeping services provided by a professional accountant); or

(d))) Providing any other service or activity where influence may be exerted over any gambling activity licensed by the commission.

(2) The term "gambling services supplier" does not include the following:

(a) Licensed manufacturers or distributors who service and repair pull tab dispensing devices, bingo equipment or any other authorized gambling equipment((.));

(((3) The term "gambling services supplier" does not include))

(b) Professional services, such as those provided by attorneys, accountants, and governmental affairs consultants, that are unrelated to the management or operation of gambling activities; and

(c) Individuals that only provide nonmanagement related recordkeeping services related to punchboards and pull-tabs, such as counting or weighing unplayed tabs or punches, or storing played series or boards.