Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-04-062.

     Title of Rule and Other Identifying Information: WAC 230-03-060 Fingerprinting of applicants.

     Hearing Location(s): Wenatchee Red Lion, 1225 North Wenatchee Avenue, Wenatchee, WA 98801, (509) 663-0711, on August 8 or 9, 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: August 8 or 9, 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 August 1, 2013.

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

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change:

•	Clarifies for all applicants and licensees those persons who are required to submit fingerprints to us and undergo a national criminal history background check; and

•	Outlines which applicants and licensees are not required to submit fingerprints and undergo a national criminal history background check; and

•	Outlines persons subject to the national criminal history background check taking into consideration the nature, character, size and scope of the gambling activities; and

•	Adds language to clarify we may fingerprint substantial interest holders when we have information they may not be qualified for licensure or to participate in a gambling activity.

     Reasons Supporting Proposal: Clarifying in rule who we require fingerprints from and who we do not require fingerprints from based on nature, character, size and scope of the gambling activities as outlined in this proposal meets the intent of the statute and provides clear guidance to applicants and licensees.

     Statutory Authority for Adoption: RCW 9.46.070(7).

     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: David Trujillo, Interim Director, Lacey, (360) 486-3512; 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 does not impose additional costs on any 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.

May 10, 2013

Susan Newer

Rules Coordinator

OTS-5367.2

AMENDATORY SECTION(Amending Order 457, filed 3/22/06, effective 1/1/08)

WAC 230-03-060   Fingerprinting ((of applicants)).   ((Applicants or persons holding a substantial interest may undergo a national criminal history background check, using fingerprints for the following licenses:

     (1) Amusement games for commercial use: Class E and above; and

     (2) Card games: Class E, Class F and house-banked card rooms; and

     (3) Punch boards/pull-tabs for commercial stimulant: Class F and above; and

     (4) Manufacturers: Class B and above; and

     (5) Distributors: Class B and above; and

     (6) Gambling service suppliers; and

     (7) Representatives for distributors, manufacturers, gambling service suppliers, and linked bingo prize providers; and

     (8) Managers of commercial gambling operations; and

     (9) Public card room employees; and

     (10) Linked bingo prize providers.)) (1) The following persons must submit fingerprints and undergo a national criminal history background check:

     (a) Substantial interest holders of commercial businesses and charitable or nonprofit organizations who live or have lived out of the state in the last ten years; and

     (b) Card room employees, commercial and nonprofit gambling managers, and manufacturer, distributor, service supplier, and linked bingo prize provider representatives; and

     (c) Any other substantial interest holder when we have information they may not be qualified for licensure or to participate in a gambling activity; and

     (2) Applicants or licensees for the following activities do not need to submit fingerprints: Recreational gaming activities, agricultural fair permits, and Class A commercial amusement games.

[Statutory Authority: RCW 9.46.070. 06-07-157 (Order 457), § 230-03-060, filed 3/22/06, effective 1/1/08.]