WSR 19-19-074
[Filed September 17, 2019, 10:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-08-094.
Title of Rule and Other Identifying Information: New WAC 230-03-146 Applying for a raffle license by a credit union and 230-11-013 Conducting a raffle by a credit union.
Hearing Location(s): On November 14, 2019, at 9:00 a.m., at the Hampton Inn & Suites, 4301 Martin Way East, Olympia, WA 98516. Hearing will take place at the November commission meeting. The meeting date and time is tentative. Visit our web site at about seven days prior to the meeting, select "November Commission Meeting" to confirm the hearing date, location, and start time.
Date of Intended Adoption: November 14, 2019.
Submit Written Comments to: Ashlie Laydon, P.O. Box 42400, Olympia, WA 98504-2400, email, fax 360-486-3624.
Assistance for Persons with Disabilities: Contact Julie Anderson, phone 360-486-3453, TTY 360-486-3637, email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules are needed in order to clarify the process for credit unions to obtain a raffle license and to conduct raffles for credit union members.
Reasons Supporting Proposal: In April 2019, the agency's commissioners authorized staff to issue raffle licenses to credit unions pursuant to RCW 9.46.0209 (2)(a) and consistent with the purpose of RCW 9.46.0315. However, current raffle and licensing rules do not distinguish credit unions from nonprofits even though there are some organizational structural differences than those identified in RCW 9.46.0209(1) and some additional rules are needed for members-only credit union raffles.
Statutory Authority for Adoption: RCW 9.46.070.
Statute Being Implemented: RCW 9.46.070.
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: Brian Considine, Attorney, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3469; Implementation: David Trujillo, Director, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3512; and Enforcement: Tina Griffin, Assistant Director, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3546.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Per RCW 34.05.328 (5)(b), a cost-benefit analysis is not required.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rules do not impose more-than-minor costs to businesses. The new rules outline how a raffle should be conducted by a credit union and require a credit union to obtain a license to conduct raffles if gross revenues from all such raffles during a calendar year exceed five thousand dollars. Licensing fees are exempt from review under RCW 34.05.310. However, the cost to comply with the new rules does not exceed less than three-tenths of one percent of the annual revenue or income of credit unions or one percent of the annual payroll, therefore more-than-minor costs are not imposed.
September 17, 2019
Ashlie Laydon
Rules Coordinator
WAC 230-03-146Applying for a raffle license by a credit union.
Credit unions may apply for a raffle-credit union license to operate raffles, as authorized under RCW 9.46.0209(2) and 9.46.0315. The credit union must provide:
(1) Proof they are currently a federally or state chartered credit union located in Washington and are in good standing; and
(2) Official meeting minutes of the organization for the last twelve months demonstrating they are in the business for nongambling purposes; and
(3) A listing of the names of the director, board chair, and board as defined in WAC 208-400-020; and
(4) A section in their bylaws or their articles of incorporation guaranteeing that, if the organization is dissolved, all raffle revenues less prizes and expenses must be distributed to a charitable and nonprofit organization as set out in RCW 9.46.0209(1); and
(5) A listing of the charitable and nonprofit organizations as set out in RCW 9.46.0209(1) receiving all raffle revenues less prizes and expenses; and
(6) Any additional information requested by us.
WAC 230-11-013Conducting a raffle by a credit union.
The following requirements apply when a credit union organized and operating under state or federal law conducts a raffle:
(1) All revenue received from raffles, less prizes and expenses, must be devoted to purposes authorized in RCW 9.46.0209(1); and
(2) Tickets for such raffles can be sold only to, and winners are determined only from among, the regular members of the credit union; and
(3) All recordkeeping requirements outlined in this chapter must be met; and
(4) A license must be obtained if gross revenues from all such raffles held by the credit union during a calendar year exceed five thousand dollars.