WASHINGTON STATE REGISTER

WSR 09-03-093

PROPOSED RULES

GAMBLING COMMISSION

[ Filed January 20, 2009, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-011.

Title of Rule and Other Identifying Information: WAC 230-15-135.

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 Susan2@wsgc.wa.gov, 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: In May 2008, the Commission filed a petition for rule change submitted by the Recreational Gaming Association (RGA) requesting to increase the maximum amount of a single wager in nonhouse-banked card games from $40 to $500. This change would only apply to house-banked card game licensees who offer nonhouse-banked card games (i.e. poker) and meet the surveillance requirements specified in WAC 230-15-280. Class E and Class F nonhouse-banked card game licensees would continue to be limited to a maximum single wager of forty dollars.

At their January 2009 meeting, the commission filed two alternatives to the RGA's original petition:

Alternative #1: At the November 2008 commission meeting, the commission asked staff to draft alternative language to WAC 230-15-135 to only allow a specific type of "all-in" wager for Texas Hold'em to be up to $500 while the rest remained at $40. The house-banked card room must meet the surveillance requirements in WAC 230-15-280.

Alternative #2: This alternative was proposed by the RGA after staff asked for comments on Alternative #1. The RGA's alternative would allow single wagers up to $300 for Texas Hold'em games, as long as the house-banked card room meets the surveillance requirements in WAC 230-15-280. This alternative is broader than Alternative #1 and would result in a player being able to wager more money than in Alternative #1, but less than in the RGA's original proposal.

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 20, 2009

Susan Arland

Rules Coordinator

OTS-2152.1

AMENDATORY SECTION(Amending Order 617, filed 10/22/07, effective 1/1/08)

WAC 230-15-135 Wagering limits for nonhouse-banked card games. Card room licensees must not exceed these wagering limits:

(1) Poker -

(a) There must be no more than five betting rounds in any one game; and

(b) There must be no more than four wagers in any betting round, for example, the initial wager plus three raises; and

(c) The maximum amount of a single wager must not exceed forty dollars, except in the game of Texas Hold'em the maximum amount of a single wager may not exceed three hundred dollars for house-banked card game licensees meeting the surveillance requirements specified in WAC 230-15-280;

(2) Games based on achieving a specific number of points - Each point must not exceed five cents in value;

(3) Ante - No more than the maximum wager allowed for the first betting round for any game, except for Panguingue (Pan). The ante may, by house rule:

(a) Be made by one or more players, but the total ante may not exceed the maximum wager allowed for the first betting round; and

(b) Be used as part of a player's wager;

(4) Panguingue (Pan) - The maximum value of a chip must not exceed ten dollars. An ante must not exceed one chip. We prohibit doubling of conditions. Players going out may collect no more than two additional chips for going out from each participating player.

[Statutory Authority: RCW 9.46.070. 07-21-116 (Order 617), § 230-15-135, filed 10/22/07, effective 1/1/08; 07-09-033 (Order 608), § 230-15-135, filed 4/10/07, effective 1/1/08.]

OTS-2079.2