WSR 01-08-037

PROPOSED RULES

LOTTERY COMMISSION


[ Filed March 30, 2001, 12:42 p.m. ]

Supplemental Notice to WSR 00-20-008.

Preproposal statement of inquiry was filed as WSR 00-16-092.

Title of Rule: WAC 315-04-085 Accessibility for persons with disabilities.

Purpose: To require retailer compliance with state and federal laws prohibiting discrimination against persons with disabilities. Replaces proposed rule published WSR 00-20-008.

Statutory Authority for Adoption: RCW 67.70.040.

Statute Being Implemented: RCW 67.70.040.

Summary: See Purpose above.

Reasons Supporting Proposal: See Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Rules Coordinator, Olympia, (360) 664-4833; Implementation and Enforcement: Robert C. Benson, Jr., Acting Director, Olympia, (360) 664-4800.

Name of Proponent: Washington State Lottery Commission, governmental.

Rule is necessary because of federal law, the Americans with Disabilities Act of 1990.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 315-04-085 will require lottery retailers to comply with state and federal laws prohibiting discrimination against persons with disabilities.

Proposal Changes the Following Existing Rules: The new rule specifies compliance as a licensing requirement.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Americans with Disabilities Act of 1990 (42 U.S.C. sec. 12101-213 and 47 U.S.C. sec. 225 and sec. 611).

     The rule will enable the lottery through its retailers to improve the accessibility of lottery products for persons with disabilities.

RCW 34.05.328 does not apply to this rule adoption. Said section does not apply to this proposed rule because it is not proposed by one of the listed agencies and because the proposed rule incorporates a federal statute, the Americans with Disabilities Act of 1990 (42 U.S.C. sec. 12101-213 and 47 U.S.C. sec. 225 and sec. 611), and the state law against discrimination (chapter 49.60 RCW).

Hearing Location: M. J. Murdock Executive Plaza Building, 703 Broadway, Vancouver, WA, on May 18, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by May 15, 2001, TDD (360) 586-0933, or (360) 664-4833.

Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 586-6586, by May 15, 2001.

Date of Intended Adoption: May 18, 2001.

March 30, 2001

Mary Jane Ferguson

Rules Coordinator

OTS-4424.2


NEW SECTION
WAC 315-04-085   Accessibility for persons with disabilities.   Pursuant to lottery rules and policy, lottery retailers shall comply with state and federal laws prohibiting discrimination against and requiring accessibility for persons with disabilities, including, but not limited to, the Americans with Disabilities Act of 1990 and chapter 49.60 RCW. Prior to any sale of lottery tickets, new lottery retailers must certify that they comply with state and federal laws or must submit a plan that ensures that they will comply within a reasonable amount of time. Within time limits specified by the lottery, retailers who hold lottery licenses at the time this rule takes effect must certify that they comply with state and federal laws or must submit a plan that ensures that they will comply within a reasonable amount of time.

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