PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-08-008.
Title of Rule: Fingerprint legislation, amending WAC 230-04-180 Fingerprinting and background checks.
Purpose: To implement legislation, SB 6491, adopted in the 2002 legislative session.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: This new law clarifies that the commission shall perform fingerprinting and national criminal history background checks on applicants for a gambling license. As set forth in SB 6491, this amendment will identify which persons named on the application are subject to the national criminal history background checks.
Reasons Supporting Proposal: See Purpose and Summary above.
Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Rick Day, Lacey, (360) 486-3446; and Enforcement: Bob Berg, Lacey, (360) 486-3452.
Name of Proponent: Staff, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.
Proposal Changes the Following Existing Rules: See Purpose and Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.
RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.
Hearing Location: Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA 98569, (360) 289-4600, on August 9, 2002, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by July 26, 2002, TDD (360) 486-3637, or (360) 486-3447.
Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by July 26, 2002.
Date of Intended Adoption: August 9, 2002.
June 18, 2002
Susan Arland
Rules Coordinator
OTS-5785.1
AMENDATORY SECTION(Amending Order 5, filed 12/19/73)
WAC 230-04-180
((Fingerprinting and)) Background
checks -- Fingerprinting.
The commission may require ((as a
condition precedent to the issuance of)) background checks prior
to issuing any license, certification or ((any)) permit,
((fingerprinting and background checks on any person seeking a
license or for whom a permit is sought, or employees thereof, of
any person holding an interest in any gambling activity, building
or equipment to be used therefor, or of any person participating
as an employee in the operation of any gambling activity. Such
fingerprints as are required by the commission may be submitted
to the identification division of the federal bureau of
investigation and to the Washington state bureau of criminal
identification in order that these agencies may search their
records for prior arrests and convictions of the individuals
fingerprinted.
The applicant, or the person for whom a permit is requested, shall give full cooperation to the commission and shall assist the commission in all aspects of its investigation)) on persons holding an interest in a gambling activity; persons holding an interest in a building or equipment used for a gambling activity; and employees of a gambling activity.
(1) A national criminal history background check, using fingerprints submitted to the United States Department of Justice -Federal Bureau of Investigation, shall be conducted to determine the qualifications of applicants for the following licenses, permits or certifications:
(a) Amusement games for commercial use: Class E and above;
(b) Card games: Class E, Class F and house-banked card rooms;
(c) Punch boards/pull-tabs for commercial stimulant: Class F and above;
(d) Manufacturers: Class B and above;
(e) Distributors: Class B and above;
(f) Gambling service suppliers;
(g) Representatives for distributors, manufacturers, gambling service suppliers, and linked bingo prize providers;
(h) Managers of commercial gambling operations;
(i) Public card room employees; and
(j) Linked bingo prize providers.
(2) The commission may require a national criminal history background check, using fingerprints submitted to the United States Department of Justice-Federal Bureau of Investigation, for any other person submitting information to the commission.
[Order 5, § 230-04-180, filed 12/19/73.]