[atlas:bill]

AN ACT Relating to creating the Washington state gaming commission; amending RCW 9.46.0221 and 9.46.040; adding a new section to chapter 9.46 RCW; and creating a new section.

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

Sec. 1. RCW 9.46.0221 and 1987 c 4 s 7 are each amended to read as follows:

"Commission," as used in this chapter, means the Washington state ((~~gambling~~)) gaming commission created in RCW 9.46.040.

Sec. 2. RCW 9.46.040 and 1974 ex.s. c 155 s 12 are each amended to read as follows:

There shall be a commission, known as the "Washington state ((~~gambling~~)) gaming commission", consisting of five members appointed by the governor with the consent of the senate. The members of the commission shall be appointed within thirty days of July 16, 1973 for terms beginning July 1, 1973, and expiring as follows: One member of the commission for a term expiring July 1, 1975; one member of the commission for a term expiring July 1, 1976; one member of the commission for a term expiring July 1, 1977; one member of the commission for a term expiring July 1, 1978; and one member of the commission for a term expiring July 1, 1979; each as the governor so determines. Their successors, all of whom shall be citizen members appointed by the governor with the consent of the senate, upon being appointed and qualified, shall serve six year terms: PROVIDED, That no member of the commission who has served a full six year term shall be eligible for reappointment. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the commission shall impair the right of the remaining member or members to act, except as in RCW 9.46.050(2) provided.

In addition to the members of the commission there shall be four ex officio members without vote from the legislature consisting of: (1) Two members of the senate, one from the majority political party and one from the minority political party, both to be appointed by the president of the senate; (2) two members of the house of representatives, one from the majority political party and one from the minority political party, both to be appointed by the speaker of the house of representatives; such appointments shall be for the term of two years or for the period in which the appointee serves as a legislator, whichever expires first; members may be reappointed; vacancies shall be filled in the same manner as original appointments are made. Such ex officio members who shall collect data deemed essential to future legislative proposals and exchange information with the board shall be deemed engaged in legislative business while in attendance upon the business of the board and shall be limited to such allowances therefor as otherwise provided in RCW 44.04.120, the same to be paid from the "gambling revolving fund" as being expenses relative to commission business.

NEW SECTION. Sec. 3. A new section is added to chapter 9.46 RCW to read as follows:

(1) The state lottery commission and the Washington horse racing commission are abolished and the powers, duties, and functions of the state lottery commission and the Washington horse racing commission are transferred to the Washington state gaming commission. All references to the director or commissioners or the state lottery commission and the Washington horse racing commission in the Revised Code of Washington shall be construed to mean the director or the Washington state gaming commission.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state lottery commission and the Washington horse racing commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state gaming commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state lottery commission and the Washington horse racing commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state gaming commission. All funds, credits, or other assets held by the state lottery commission and the Washington horse racing commission shall be assigned to the Washington state gaming commission.

(b) Any appropriations made to the state lottery commission and the Washington horse racing commission shall, on the effective date of this section, be transferred and credited to the Washington state gaming commission.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees of the state lottery commission and the Washington horse racing commission are transferred to the jurisdiction of the Washington state gaming commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state gaming commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the state lottery commission and the Washington horse racing commission shall be continued and acted upon by the Washington state gaming commission. All existing contracts and obligations remain in full force and shall be performed by the Washington state gaming commission.

(5) The transfer of the powers, duties, functions, and personnel of the state lottery commission and the Washington horse racing commission shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 4. The code reviser shall change references, in the Revised Code of Washington, to the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission to the Washington state gaming commission.