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ENGROSSED SUBSTITUTE SENATE BILL 5265
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State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Wojahn, Horn, Stevens and Benton)
Read first time 02/06/97.
AN ACT Relating to approval of agreements between the state and Indian tribes; and amending RCW 9.46.360.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.46.360 and 1992 c 172 s 2 are each amended to read as follows:
(1) The negotiation process for proposed or amended 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 or amended
compact is reached, the director shall immediately transmit a copy of the
proposed or amended 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)) majority and minority leaders of the
senate.
(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 or amended 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 or amended
compact any time after receiving a copy of the compact from the director.
Within forty-five days after receiving the proposed or amended compact
from the director, the gambling commission, including the four ex officio
members, shall vote on whether to return the proposed or amended compact
to the director with instructions for further negotiation or to forward the
proposed or amended compact to the senate for approval and then to
the governor for review and final execution.
(((7)
Notwithstanding provisions in this section to the contrary,)) (6) If
the director forwards a proposed or amended compact to the ((gambling
commission and the designated standing committees within ten days)) senate
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)) the senate has until the adjournment of the regular
session to approve the proposed or amended compact. If the senate fails to
approve the proposed or amended compact before the adjournment of the regular
session, the gambling commission shall renegotiate the proposed or amended
compact and resubmit the proposed or amended compact to the senate no later
than the first day of the next regular session of the legislature.
(((8)))
(7) Funding for the negotiation process under this section must come
from the gambling revolving fund.
(((9))) (8) 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.
(9) The approval process for new and amended compacts established in this section does not apply to amendments to existing compacts that are technical in nature only and do not include any changes in the following: Wagering limits, types of games operated, hours of operation for the gaming facility, number of facilities operated, or number of tables operated.
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