WSR 13-05-069

PROPOSED RULES

GAMBLING COMMISSION


[ Filed February 19, 2013, 8:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-24-025.

Title of Rule and Other Identifying Information: WAC 230-06-080 Report changes to application information and submit updated documents and information.

Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on April 11 or 12, 2013, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

Date of Intended Adoption: April 11 or 12, 2013.

Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa gov, fax (360) 486-3625, by April 1, 2013.

Assistance for Persons with Disabilities: Contact Gail Grate by April 1, 2013, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Staff is requesting a rule change to clarify that licensees must report certain new and updated information to us within thirty days, such as changes in their articles of incorporation or bylaws, contracts that related to gambling activities, and cash contributions.

Reasons Supporting Proposal: The thirty day requirement was previously in our rules and was inadvertently removed during a rules simplification project (RSP) that was completed in 2008 to rewrite our rules in plain talk. Prior to the RSP, this rule was worded slightly different. The thirty day reporting requirement was specifically required for the items listed in subsection (2) of the rule. During RSP, the thirty day time frame was only included in subsection (1), which only pertains to items initially submitted with an application. Subsection (2) pertains to new or updated documents that must be reported to agency staff so they can be properly reviewed, approved and investigated if necessary (e.g., loans, contracts/agreements, business organizational documents, etc.). This change makes clear the types of documents and timeline the documents must be submitted to us.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Washington state gambling commission, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Newer, 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, and/or the proposed rule change clarifies language of rules without changing the effect.

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.

February 19, 2013

Susan Newer

Rules Coordinator

OTS-5315.1


AMENDATORY SECTION(Amending Order 601, filed 8/22/06, effective 1/1/08)

WAC 230-06-080   Report changes to application information and submit updated documents and information.   (1) Licensees must notify us in writing if any information filed with the application changes in any way within thirty days of the change.

(2) Licensees must submit to us any new or updated documents and information within thirty days of the effective date of the document or information, including the following:

(a) Articles of incorporation or bylaws, or any other documents which set out the organizational structure and purposes; and

(b) All oral or written contracts and agreements which relate to gambling activities or alter the organizational structure of the licensee's organization or business activities in Washington; and

(c) All cash or asset contributions, draws from lines of credit, and loans (except those from recognized financial institutions) during any calendar year which by themselves or totaled together are more than ten thousand dollars. Cash or asset contributions do not include donations to licensed charitable or nonprofit organizations; and

(d) Internal Revenue Service tax deductible status of contributions for charitable and nonprofit organizations.

[Statutory Authority: RCW 9.46.070. 06-17-132 (Order 601), 230-06-080, filed 8/22/06, effective 1/1/08.]