WSR 09-03-091



[ Filed January 20, 2009, 1:58 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-24-075.

Title of Rule and Other Identifying Information: WAC 230-14-047.

Hearing Location(s): Red Lion Hotel, 2300 Evergreen Park Drive, Olympia, WA 98502, (360) 943-4000, on March 13, 2009, at 9:30 a.m.

Date of Intended Adoption: March 13, 2009.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by March 1, 2009.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by March 1, 2009, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The petitioner requests the rule be amended to add requirements regarding the amount of time allowed for staff to conduct reviews of electronic video pull-tab dispensers. The rule change would require staff to:

(a) Complete electronic video pull-tab dispenser reviews within fifteen days of submission and approve within twenty-one days when the equipment is approved without changes; and

(b) Conduct limited reviews on equipment that has been previously approved and is only being submitted as an upgrade. The review would be limited to a review of the software signature and documentation of the upgraded changes. The proposed changes allow staff to submit the equipment to the gaming lab if staff notes a regulatory concern or if the upgrade substantively alters the approved equipment.

Staff contacted the petitioner to clarify the intent of his request. The petitioner clarified the intent of the change is to be notified by staff within fifteen days of a submission of any concerns with the equipment. If there are no regulatory concerns, staff should provide approval within twenty-one days. If there are regulatory concerns, the twenty-one day limit would not apply. The petitioner further stated that the WSGC electronic gambling lab (EGL) has taken four months or longer to review all ZDI's submissions. He stated that by the time reviews are completed, the submission is obsolete. He believes this is because staff is prioritizing review submissions from manufacturers of tribal lottery systems (TLS) before other manufacturer reviews because of timelines required in tribal-state gaming compacts.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Recreational Gaming Association, private.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025 because the change would not impose additional costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

January 12, 2009

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 621, filed 1/11/08, effective 2/11/08)

WAC 230-14-047   Standards for electronic video pull-tab dispensers.   Electronic video pull-tab dispensers must be approved by us prior to use, meet the requirements below, and may incorporate only the features below and not perform additional functions.

(1) Electronic video pull-tab dispensers must dispense a paper pull-tab as defined in WAC 230-14-010 and follow the rules for:

(a) Pull-tabs; and

(b) Flares; and

(c) Authorized pull-tab dispensers.

(2) Electronic video pull-tab dispensers that use a reading and displaying function must:

(a) Use a video monitor for entertainment purposes only; and

(b) Open all, or a portion of, the pull-tab in order to read encoded data that indicates the win or loss of the pull-tab if the dispenser is equipped to automatically open pull-tabs; and

(c) Dispense the pull-tab to the player and not retain any portion of the pull-tab; and

(d) Read the correct cash award from the pull-tab either when it is dispensed or when the pull-tab is reinserted into the dispenser; and

(e) Display the cash award from the pull-tab, one pull-tab at a time; and

(f) Provide:

(i) An electronic accounting of the number of pull-tabs dispensed; and

(ii) A way to identify the software version and name; and

(iii) A way to access and verify approved components; and

(iv) Security on the dispenser to prevent unauthorized access to graphic and prize amount displays.

(3) Gift certificates or gift cards used in electronic video pull-tab dispensers must:

(a) Be purchased with cash, check or electronic point-of-sale bank transfer before use in the dispenser; and

(b) Be convertible to cash at any time during business hours; and

(c) Subtract the cash value for the purchase of the pull-tab one pull-tab at a time.

(4) The review required under this rule shall be completed within fifteen days of submission and finally approved in twenty-one days from the date of submission when the equipment is approved without changes.

(5) A review of upgraded approved equipment shall be limited to a software signature and documentation of the upgraded changes. If a review of the software signature and documentation evidences a regulatory concern or that the upgrade substantively alters the approved equipment, the approved equipment with upgrades may be required to be submitted to the lab.

[Statutory Authority: RCW 9.46.070. 08-03-052 (Order 621), 230-14-047, filed 1/11/08, effective 2/11/08.]

Washington State Code Reviser's Office