AN ACT
Relating to compacts negotiated under the Indian Gaming Regulatory Act of 1988;
amending RCW 43.06.010; and adding a new section to chapter 9.46 RCW; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.06.010 and 1991 c 257 s 22 are each amended to read as follows:
In
addition to those prescribed by the Constitution, the governor may exercise the
powers and perform the duties prescribed in this and the following sections:
(1)
The governor shall supervise the conduct of all executive and ministerial
offices;
(2)
The governor shall see that all offices are filled, and the duties thereof
performed, or in default thereof, apply such remedy as the law allows; and if
the remedy is imperfect, acquaint the legislature therewith at its next
session;
(3)
The governor shall make the appointments and supply the vacancies mentioned in
this title;
(4)
The governor is the sole official organ of communication between the government
of this state and the government of any other state or territory, or of the
United States;
(5)
Whenever any suit or legal proceeding is pending against this state, or which
may affect the title of this state to any property, or which may result in any
claim against the state, the governor may direct the attorney general to appear
on behalf of the state, and report the same to the governor, or to any grand
jury designated by the governor, or to the legislature when next in session;
(6)
The governor may require the attorney general or any prosecuting attorney to
inquire into the affairs or management of any corporation existing under the
laws of this state, or doing business in this state, and report the same to the
governor, or to any grand jury designated by the governor, or to the
legislature when next in session;
(7)
The governor may require the attorney general to aid any prosecuting attorney
in the discharge of his duties;
(8)
The governor may offer rewards, not exceeding one thousand dollars in each
case, payable out of the state treasury, for information leading to the
apprehension of any person convicted of a felony who has escaped from a state
correctional institution or for information leading to the arrest of any person
who has committed or is charged with the commission of a felony;
(9)
The governor shall perform such duties respecting fugitives from justice as are
prescribed by law;
(10)
The governor shall issue and transmit election proclamations as prescribed by
law;
(11)
The governor may require any officer or board to make, upon demand, special
reports to the governor, in writing;
(12)
The governor may, after finding that a public disorder, disaster, energy
emergency, or riot exists within this state or any part thereof which affects
life, health, property, or the public peace, proclaim a state of emergency in
the area affected, and the powers granted the governor during a state of
emergency shall be effective only within the area described in the
proclamation;
(13)
The governor shall, when appropriate, submit to the select joint committee
created by RCW 43.131.120, lists of state agencies, as defined by RCW
43.131.030, which agencies might appropriately be scheduled for termination by
a bill proposed by the select joint committee;
(14)
The governor may, after finding that there exists within this state an imminent
danger of infestation of plant pests as defined in RCW 17.24.007 or plant
diseases which seriously endangers the agricultural or horticultural industries
of the state of Washington, or which seriously threatens life, health, or
economic well-being, order emergency measures to prevent or abate the
infestation or disease situation, which measures, after thorough evaluation of
all other alternatives, may include the aerial application of pesticides;
(15)
On all compacts forwarded to the governor pursuant to section 2(6) of this act,
the governor is authorized and empowered to execute on behalf of the state
compacts with federally recognized Indian tribes in the state of Washington
pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et
seq., for conducting class III gaming, as defined in the Act, on Indian lands.
NEW
SECTION. Sec. 2. A new
section is added to chapter 9.46 RCW to read as follows:
(1)
The negotiation process for compacts with federally recognized Indian tribes
for conducting class III gaming, as defined in the Indian Gaming Regulatory
Act, 25 U.S.C. Sec. 2701 et seq., on federal Indian lands is governed by this
section.
(2)
The gambling commission through the director or the director's designee shall
negotiate compacts for class III gaming on behalf of the state with federally
recognized Indian tribes in the state of Washington.
(3)
When a tentative agreement with an Indian tribe on a proposed compact is
reached, the director shall immediately transmit a copy of the proposed compact
to all voting and ex officio members of the gambling commission and to the
standing committees designated pursuant to subsection (5) of this section.
(4)
Notwithstanding RCW 9.46.040, the four ex officio members of the gambling
commission shall be deemed voting members of the gambling commission for the
sole purpose of voting on proposed compacts submitted under this section.
(5)
Within thirty days after receiving a proposed compact from the director, one
standing committee from each house of the legislature shall hold a public
hearing on the proposed compact and forward its respective comments to the
gambling commission. The president of the senate shall designate the senate
standing committee that is to carry out the duties of this section, and the
speaker of the house of representatives shall designate the house standing
committee that is to carry out the duties of this section. The designated committees
shall continue to perform under this section until the president of the senate
or the speaker of the house of representatives, as the case may be, designates
a different standing committee.
(6)
The gambling commission may hold public hearings on the proposed compact any
time after receiving a copy of the compact from the director. Within
forty-five days after receiving the proposed compact from the director, the
gambling commission, including the four ex officio members, shall vote on
whether to return the proposed compact to the director with instructions for
further negotiation or to forward the proposed compact to the governor for
review and final execution.
(7)
Notwithstanding provisions in this section to the contrary, if the director
forwards a proposed compact to the gambling commission and the designated
standing committees within ten days before the beginning of a regular session
of the legislature, or during a regular or special session of the legislature,
the thirty-day time limit set forth in subsection (5) of this section and the
forty-five day limit set forth in subsection (6) of this section are each
forty-five days and sixty days, respectively.
(8)
Funding for the negotiation process under this section must come from the
gambling revolving fund.
(9) In
addition to the powers granted under this chapter, the commission, consistent
with the terms of any compact, is authorized and empowered to enforce the
provisions of any compact between a federally recognized Indian tribe and the
state of Washington.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
NEW
SECTION. Sec. 4. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
