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                                          ENGROSSED SENATE BILL NO. 5032

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                                                                            C 191 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Owen and Kreidler

Read first time 1/13/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to antique slot machines; and amending RCW 9.46.235.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 165, Laws of 1977 ex. sess. and RCW 9.46.235 are each amended to read as follows:

          (1) For purposes of a prosecution under RCW 9.46.230(4) or a seizure, confiscation, or destruction order under RCW 9.46.230(1), it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner.   No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section.  If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.

          (2) RCW 9.46.230(2) shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.

          (3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it ((was manufactured prior to January 1, 1941)) is at least twenty-five years old.