BILL REQ. #:  H-3420.1 

Read first time 01/11/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to legislative approval of class III tribal-state gaming compacts; amending RCW 9.46.360 and 43.06.010; and creating a new section.

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 compacts, or compact amendments, 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, including compact amendments, for class III gaming on behalf of the state with federally recognized Indian tribes in the state of Washington. However, this section does not authorize the governor to execute such compacts or compact amendments on behalf of the state without legislative approval as provided in this section.
     (3)(a) 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 of the legislature designated pursuant to subsection (((5))) (4) of this section. The director must forward with his or her submittal documents a recommendation for approval of the proposed compact and comments about or analysis of the proposed compact's provisions.
     (((4))) (b) The 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 commission shall vote on whether to forward the proposed compact, with any comments, to the legislature for approval or to return the proposed compact to the director with instructions for further negotiations. 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))) (4) Within thirty days after receiving notice from the director that a proposed compact ((from the director)) has been forwarded by the commission under subsection (3) of this section, 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)) recommendations, if any, to the legislature. 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. The committees shall receive at the hearing any comments on the proposed compact provided by the commission.
     (5)(a) The legislature may act on the proposed compact by a joint resolution introduced in the legislative session during which the designated standing committees received notice under subsection (4) of this section or, if not in session or if in a special session or within the last thirty days of a regular session when the notice was received, in the next convened regular or special legislative session.
     (b) If a joint resolution is introduced under this subsection, the legislature must approve or reject the resolution by the adjournment sine die of the regular or special session in which the resolution was introduced. Approval of the resolution shall require the affirmative vote of sixty percent of the members of each house of the legislature. The failure of the legislature to act on the resolution by the adjournment sine die of the relevant session shall be deemed to be rejection of the proposed compact.
     (c) If the legislature approves a joint resolution under this subsection, the proposed compact must be forwarded to the governor for review and final execution. If the legislature does not approve or rejects the resolution, the proposed compact must be returned to the commission for further negotiation.
     (d) If a joint resolution is not introduced under this subsection, the proposed compact shall be deemed rejected and must be returned to the commission for further negotiation.
     (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))) (7) 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.

Sec. 2   RCW 43.06.010 and 1994 c 223 s 3 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, including as provided in RCW 42.12.070, 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 the prosecutor's 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 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;
     (14) ((On all)) With respect to compacts approved and forwarded to the governor by the legislature pursuant to RCW 9.46.360(((6))), 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. 3   This act applies to all tribal-state class III compacts and compact amendments regardless of the date that negotiations commenced except for those compacts or compact amendments that have been finally executed by the governor as of the effective date of this act.