Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-22-056.

     Title of Rule and Other Identifying Information: Repealing WAC 230-15-485 Electronic facsimiles of cards allowed; and new section WAC 230-15-116 Electronic facsimiles of cards allowed.

     Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on March 14 or 15, 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: March 14 or 15, 2013. 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.

     Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by March 1, 2013.

     Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by March 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 amendment would correct a filing error by staff and:

•	Reinstate the use of electronic facsimiles of cards for "all" card games, not just "house-banked" card games; and
•	Move this rule from the house-banked card room section of the rules manual, to rules relating to all card games.

     Reasons Supporting Proposal: In July 2001, the commissioners adopted a petition for rule change submitted by DigiDeal amending WAC 230-40-070 to allow electronic facsimiles of cards (EFC) in house-banked card games, effective January 1, 2002. In May 2004, the commissioners adopted a second petition for rule change submitted by DigiDeal amending WAC 230-40-070 to allow EFC to be used in "all" card games not just "house-banked" card games, effective July 1, 2004. A few months later in August 2004, the commissioners adopted a staff proposed rule change to WAC 230-40-070 regarding logo cards. When this amendment was filed, staff inadvertently filed a version that did not incorporate DigiDeal's petition to allow EFC in all card games, not just house-banked card games. In effect, this accidentally eliminated the amendment the commissioners adopted in May 2004.

     Statutory Authority for Adoption: RCW 9.46.070, 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 Newer, 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 was not prepared because the rule change would not impose additional costs on any licensee.

     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.

January 11, 2013

Susan Newer

Rules Coordinator

OTS-5193.2

NEW SECTION
WAC 230-15-116   Electronic facsimiles of cards allowed.   (1) Card game licensees may use electronic card facsimiles approved by the director or the director's designee in card games.

     (2) Card room employees must operate the game.

[]

OTS-5194.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 230-15-485

Electronic facsimiles of cards allowed.