WSR 09-07-022



[ Filed March 6, 2009, 3:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-02-060.

Title of Rule and Other Identifying Information: WAC 315-30-010 Draw games -- Authorized -- Director's authority, the commission authorizes the director to select and operate draw games approved by the commission. Before the director approves final draw game specifications, the director shall provide the commission a full description of the proposal and obtain approval of the game concept.

Hearing Location(s): Washington's Lottery, 814 4th Avenue, Olympia, WA 98506, on April 21, 2009, at 9:00 a.m.

Date of Intended Adoption: April 21, 2009.

Submit Written Comments to: Jana Jones, P.O. Box 43000, Olympia, WA 98506, e-mail, fax (360) 586-1039, by March 30, 2009.

Assistance for Persons with Disabilities: Contact Debbie Robinson, TTY (360) 586-0933 or (360) 664-4818.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To require the director of the lottery to present game proposals, concepts, and final draw game specifications prior to entering into agreements to move forward with the game development for eventual sale to the public.

Reasons Supporting Proposal: Intended to create more efficiencies in the commission's decision-making process and authority around draw game approval.

Statutory Authority for Adoption: RCW 67.70.040 (1), (3).

Statute Being Implemented: RCW 67.70.040.

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

Name of Proponent: Washington state lottery commission, governmental.

Name of Agency Personnel Responsible for Drafting: Jana Jones, Washington's Lottery, (360) 664-4833; Implementation and Enforcement: Christopher Liu, Washington's Lottery, (360) 664-4809.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The only business allowed by law to sell lottery products are existing licensed lottery retailers.

March 6, 2009

Jana L. Jones

Director of Legal Services


AMENDATORY SECTION(Amending WSR 07-11-037, filed 5/8/07, effective 6/8/07)

WAC 315-30-010   Draw games -- Authorized -- Director's authority.   The commission hereby authorizes the director to ((select and)) operate draw games which meet the criteria set forth in this chapter. New draw games shall not be made available for sale without approval of the commission.

(1) The director may contract for the development and operation of draw games, ((as determined necessary by the director)) and may operate said games subject to the approval of the commission.

(2) Before approving the final draw game specifications, the director shall provide the commission with a description of the proposal, and obtain approval of the proposed game concept by the commission.

(3) The director shall establish and approve the final draw game specifications, as executed in working papers or software requirement specifications, including the determination of winning tickets, ((prior to)) after presentation and approval of any new draw game proposal to the commission for a vote of the commission.

(((3) New draw games shall not be made available for sale without approval of the commission.))

(4) All draw game procedures and play criteria shall be made available to the public on the agency internet web site and ((on)) upon request.

[Statutory Authority: RCW 67.70.040 and 67.70.040 (1), (3). 07-11-037, 315-30-010, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 67.70.040. 84-01-005 (Order 44), 315-30-010, filed 12/8/83.]

Washington State Code Reviser's Office