WSR 09-15-079

PROPOSED RULES

GAMBLING COMMISSION


[ Filed July 13, 2009, 12:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-11-052.

Title of Rule and Other Identifying Information: New sections WAC 230-06-011 Detaining and identifying persons under eighteen years old engaging in or attempting to engage in gambling activities and 230-06-012 Conducting underage compliance test programs with minors.

Hearing Location(s): Mirabeau Park Hotel, 110 North Sullivan Road, Spokane, WA 99037, (509) 924-9000, on September 11, 2009, at 9:00 a.m.

Date of Intended Adoption: September 11, 2009.

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

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Implement SSB 5040 which becomes effective July 26, 2009.

WAC 230-06-011, the new rule is to implement SSB 5040, to allow for the detention and identification of minors that gamble. Chapter 7.80 RCW, which is referred to in SSB 5040, requires agencies to adopt this type of rule.

WAC 230-06-012, this new rule is to implement section 4 of SSB 5040, which allows licensees to conduct in-house controlled purchase programs (underage compliance test programs) for purposes of employee training and employer self-compliance checks regarding minors that gamble. The rule explains the approval process and requirements for conducting in-house controlled purchase programs.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington state gambling commission, governmental.

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.

July 13, 2009

Susan Arland

Rules Coordinator

OTS-2522.1


NEW SECTION
WAC 230-06-011   Detaining and identifying persons under eighteen years of age engaging in or attempting to engage in gambling activities.   When issuing civil infractions under RCW 9.46.xxx (section 2, chapter 357, Laws of 2009), gambling commission special agents or peace officers may detain persons for a reasonable period of time and in a reasonable manner to determine the person's true identity and date of birth if the special agent or peace officer has reasonable grounds to believe that:

(1) The person is under eighteen years of age; and

(2) The person is, or has played or participated in, or is attempting or has attempted to play or participate in authorized gambling activities including, but not limited to, punchboards, pull-tabs, card games, or fund-raising events.

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OTS-2518.1


NEW SECTION
WAC 230-06-012   Conducting underage enforcement test programs with minors.   (1) Licensees may conduct programs to test their employee's compliance with RCW 9.46.xxx (section 2, chapter 357, Laws of 2009) that makes it unlawful for any person under the age of eighteen to play punchboards, pull-tabs, card games, or participate in fund-raising events.

(2) Licensees must:

(a) Have written procedures for conducting underage enforcement test programs.

(i) Class F or house-banked card game licensees must include the procedures in their internal controls; or

(ii) Licensees not required to have internal controls must submit their procedures to us prior to conducting an underage enforcement test and keep a copy of the procedures on the licensed premises.

(b) Provide employees a written description of the employer's underage enforcement test program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding unauthorized persons engaging in gambling activities during an underage enforcement test.

(c) Provide written notification (letter, e-mail, or fax) to us at least five days before conducting the test. The notification must include:

(i) Licensee name; and

(ii) Date and time of test; and

(iii) Last name and first initial of the minor used in the test; and

(iv) First and last name of the person supervising the minor.

(d) Receive written confirmation from us that the notification was received prior to conducting the test.

(e) Provide written notification of test results to us within forty-eight hours after completing the test.

(f) Maintain the following information for each test on the licensed premises for at least one year:

(i) Written confirmation received from commission staff; and

(ii) A photocopy of the identification of the minor used; and

(iii) The results.

(g) Only use minors who are sixteen or seventeen years old at the time of the test.

(3) Licensees with a minimum gambling age of twenty-one are not required to follow the procedures in subsections (1) and (2) of this section if they use persons eighteen years of age or older to conduct underage enforcement tests.

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Washington State Code Reviser's Office