BILL REQ. #:  H-4124.1 

Read first time 01/23/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to compacts negotiated under the Indian Gaming Regulatory Act of 1988; amending RCW 9.46.360; and declaring an emergency.

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 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 recommendations for acceptance or rejection of the proposed compact and other comments to the governor and 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)), rejection, or acceptance.
     (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.
     (10) Unless authorized by: (a) The affirmative vote of sixty percent of the members of each house of the legislature; or (b) a compact in effect before the effective date of this act; no compact entered into or amended after the effective date of this act shall authorize or propose to authorize class III gaming on lands acquired by the United States in trust for the benefit of an Indian tribe after October 17, 1988.
     (11) Subsection (10) of this section does not apply to lands acquired by the United States in trust for the benefit of an Indian tribe after October 17, 1988:
     (a) Located within or contiguous to the boundaries of the reservation of an Indian tribe as the reservation existed on October 17, 1988; or
     (b) Taken into trust as part of:
     (i) A settlement of a land claim;
     (ii) The initial reservation of an Indian tribe acknowledged under the federal acknowledgment process; or
     (iii) The restoration of lands for an Indian tribe that is restored to federal recognition.

NEW SECTION.  Sec. 2   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 takes effect immediately.