WSR 09-16-116



[ Filed August 4, 2009, 1:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-13-027.

Title of Rule and Other Identifying Information: Amending WAC 230-15-135.

Hearing Location(s): Clarion Hotel, 1507 North First Street, Yakima, WA 98901, (509) 248-7850, on October 9, 2009, at 9:00 a.m.

Date of Intended Adoption: October 9, 2009.

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

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change would remove wording that allows higher wagering limits for "all in" wagers in Texas Hold'em poker games. This will put the limit for all poker wagers back to $40. Effective July 1, 2009, WAC 230-15-135 authorized house-banked licensees the ability to offer up to a $500 all in wager on the game of Texas Hold'em. An all in wager is defined as a player wagering all of their remaining chips on the current hand. Unfortunately, after the rule passed staff identified a problem that would be created in the wagering structure for Texas Hold'em games. The change allows "all in" wagers, only, to exceed the $40 poker wagering limit. The rule does not allow players to make call or matching wagers exceeding the $40 limit. Additionally, the rule is ambiguous as to who is eligible to make an all-in wager. For example, if a player has $550, could they wager $500, or, would they be ineligible to place the all-in wager? In other words, does a player have to have $500 or less to be able to place the all-in wager? Prior to the "all in" wager change, all nonhouse-banked wagers were limited to $40. By removing the "all in" reference, the rule would revert back to the $40 limit on all nonhouse-banked wagers.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0282.

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.

August 3, 2009

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 642, filed 4/10/09, effective 7/1/09)

WAC 230-15-135   Wagering limits for nonhouse-banked card games.   Card room licensees must not exceed these wagering limits:

(1) Poker -

(a) There must be no more than five betting rounds in any one game; and

(b) There must be no more than four wagers in any betting round, for example, the initial wager plus three raises; and

(c) The maximum amount of a single wager must not exceed forty dollars((, except that an all-in wager in the game of Texas Hold'em may not exceed five hundred dollars for house-banked card game licensees meeting the surveillance requirements specified in WAC 230-15-280; and

(d) An all-in wager is when a player wagers with all of their remaining chips on the current hand));

(2) Games based on achieving a specific number of points - Each point must not exceed five cents in value;

(3) Ante - No more than the maximum wager allowed for the first betting round for any game, except for Panguingue (Pan). The ante may, by house rule:

(a) Be made by one or more players, but the total ante may not exceed the maximum wager allowed for the first betting round; and

(b) Be used as part of a player's wager;

(4) Panguingue (Pan) - The maximum value of a chip must not exceed ten dollars. An ante must not exceed one chip. We prohibit doubling of conditions. Players going out may collect no more than two additional chips for going out from each participating player.

[Statutory Authority: RCW 9.46.070. 09-09-056 (Order 642), 230-15-135, filed 4/10/09, effective 7/1/09; 07-21-116 (Order 617), 230-15-135, filed 10/22/07, effective 1/1/08; 07-09-033 (Order 608), 230-15-135, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office