BP BHEAD INT H

AN ACT Relating to prohibiting greyhound racing in the state of Washington; amending RCW 9.46.0269; adding a new section to chapter 9.46 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) It is in the public interest to limit the number of gambling industries to protect existing licensed facilities from saturation of the gaming market and, therefore, financial failure;

(b) The greyhound racing industry is failing economically and poses a financial risk to state and local economies;

(c) The history of the greyhound racing industry proves that neither legislation nor regulation is effective in controlling corruption, fraud, and animal abuse;

(d) After a short one to three-year racing career, greyhounds are either euthanized, cruelly electrocuted, sold to laboratories, sent to other countries where humane standards are lacking, or put up for adoption which creates competition for other companion animals who will be put to death when they cannot find a home; and

(e) The greyhound racing industry admits that thirteen thousand unwanted adult greyhounds are killed each year despite nation-wide adoption efforts. However, animal welfare organizations estimate the number to be greater than twenty-eight thousand.

(2) Because of these findings, the legislature intends with this act to further the aims of the gambling act of 1973, chapter 9.46 RCW, that states: "The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control."

NEW SECTION. Sec. 2. A new section is added to chapter 9.46 RCW to read as follows:

(1) A person may not hold, conduct, or operate live greyhound racing for public exhibition, parimutuel betting, or special exhibition events. A person may not transmit or receive intrastate or interstate simulcasting of greyhound racing for commercial, parimutuel, or exhibition purposes. If greyhound racing is otherwise legally established by a Washington treaty tribe, a person may not transmit or receive intrastate or interstate simulcasting of those greyhound races for commercial, parimutuel, or exhibition purposes.

(2) A person who violates this section is guilty of a class B felony, under RCW 9.46.220, professional gambling in the first degree, and is subject to the penalty under RCW 9A.20.021.

Sec. 3. RCW 9.46.0269 and 1987 c 4 s 18 are each amended to read as follows:

(1) A person is engaged in "professional gambling" for the purposes of this chapter when:

(a) Acting other than as a player or in the manner authorized by this chapter, the person knowingly engages in conduct which materially aids any other form of gambling activity; or

(b) Acting other than as a player or in the manner authorized by this chapter, the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity;

(d) The person conducts a lottery; or

(e) The person violates section 2 of this act.

(2) Conduct under subsection (1)(a) of this section, except as exempted under this chapter, includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person's knowledge for the purpose of conducting gambling activity other than gambling activities authorized by this chapter, and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, the person shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the "prize fund" shall not be construed to be engaging in "professional gambling" within the meaning of this chapter: PROVIDED FURTHER, That the books and records of the games shall be open to public inspection.