BILL REQ. #: H-0508.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/22/13. Referred to Committee on Government Accountability & Oversight.
AN ACT Relating to modifying the powers and duties of the gambling commission; amending RCW 9.46.010 and 9.46.070; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.46.010 and 1996 c 101 s 2 are each amended to read
as follows:
(1) 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.
(2) It is hereby declared to be the policy of the legislature,
recognizing the close relationship between professional gambling and
organized crime, to restrain all persons from seeking profit from
professional gambling activities in this state; to restrain all persons
from patronizing such professional gambling activities; to safeguard
the public against the evils induced by common gamblers and common
gambling houses engaged in professional gambling; and at the same time,
both to preserve the freedom of the press and to avoid restricting
participation by individuals in activities and social pastimes, which
activities and social pastimes are more for amusement rather than for
profit, do not maliciously affect the public, and do not breach the
peace.
(3) The legislature further declares that the raising of funds for
the promotion of bona fide charitable or nonprofit organizations is in
the public interest as is participation in such activities and social
pastimes as are hereinafter in this chapter authorized.
(4) The legislature further declares that the conducting of bingo,
raffles, and amusement games and the operation of punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to
the provisions of this chapter and any rules and regulations adopted
pursuant thereto, are hereby authorized, as are only such lotteries for
which no valuable consideration has been paid or agreed to be paid as
hereinafter in this chapter provided.
(5) The legislature further declares that fishing derbies ((shall))
do not constitute any form of gambling and ((shall)) are not ((be))
considered ((as)) a lottery, a raffle, or an amusement game and
((shall)) are not ((be)) subject to the provisions of this chapter or
any rules and regulations adopted hereunder.
(6) The legislature further declares that raffles authorized by the
fish and wildlife commission involving hunting big game animals or wild
turkeys ((shall)) are not ((be)) subject to the provisions of this
chapter or any rules and regulations adopted hereunder, with the
exception of this section and RCW 9.46.400.
(7) All factors incident to the activities authorized in this
chapter ((shall)) must be closely controlled, and the provisions of
this chapter ((shall)) must be liberally construed to achieve such end.
(8) The legislature further declares that in order to further the
policy aims of this chapter, the legislature retains sole authority for
approval of any expansion or enhancement of the scope and manner of
approved gambling activities, and any increase in the maximum wager,
money, or other thing of value that may be wagered or contributed by a
player in any gambling activities subject to this chapter.
Sec. 2 RCW 9.46.070 and 2012 c 116 s 1 are each amended to read
as follows:
The commission ((shall have)) has the following powers and duties.
However, it is the sole authority of the legislature to approve any
expansion or enhancement in the scope or manner of gaming activities
approved in this chapter as well as any increase in the extent of
wager, money, or other thing of value which may be wagered or
contributed by a player in any such approved activities:
(1) To authorize and issue licenses for a period not to exceed one
year to bona fide charitable or nonprofit organizations approved by the
commission meeting the requirements of this chapter and any rules and
regulations adopted pursuant thereto permitting said organizations to
conduct bingo games, raffles, amusement games, and social card games,
to utilize punchboards and pull-tabs in accordance with the provisions
of this chapter and any rules and regulations adopted pursuant thereto
and to revoke or suspend ((said)) such licenses for violation of any
provisions of this chapter or any rules and regulations adopted
pursuant thereto((: PROVIDED, That)). However, the commission
((shall)) must not deny a license to an otherwise qualified applicant
in an effort to limit the number of licenses to be issued((: PROVIDED
FURTHER, That)) and the commission or director ((shall)) may not issue,
deny, suspend, or revoke any license because of considerations of race,
sex, creed, color, or national origin((: AND PROVIDED FURTHER, That));
although the commission may authorize the director to temporarily issue
or suspend licenses subject to final action by the commission;
(2) To authorize and issue licenses for a period not to exceed one
year to any person, association, or organization operating a business
primarily engaged in the selling of items of food or drink for
consumption on the premises, approved by the commission meeting the
requirements of this chapter and any rules and regulations adopted
pursuant thereto permitting said person, association, or organization
to utilize punchboards and pull-tabs and to conduct social card games
as a commercial stimulant in accordance with the provisions of this
chapter and any rules and regulations adopted pursuant thereto and to
revoke or suspend ((said)) such licenses for violation of any
provisions of this chapter and any rules and regulations adopted
pursuant thereto((: PROVIDED, That)). However, the commission
((shall)) may not deny a license to an otherwise qualified applicant in
an effort to limit the number of licenses to be issued((: PROVIDED
FURTHER, That)); although, the commission may authorize the director to
temporarily issue or suspend licenses subject to final action by the
commission;
(3) To authorize and issue licenses for a period not to exceed one
year to any person, association, or organization approved by the
commission meeting the requirements of this chapter and meeting the
requirements of any rules and regulations adopted by the commission
pursuant to this chapter as now or hereafter amended, permitting said
person, association, or organization to conduct or operate amusement
games in such manner and at such locations as the commission may
determine. The commission may authorize the director to temporarily
issue or suspend licenses subject to final action by the commission;
(4) To authorize, require, and issue, for a period not to exceed
one year, such licenses as the commission may by rule provide, to any
person, association, or organization to engage in the selling,
distributing, or otherwise supplying or in the manufacturing of devices
for use within this state for those activities authorized by this
chapter. The commission may authorize the director to temporarily
issue or suspend licenses subject to final action by the commission;
(5) To establish a schedule of annual license fees for carrying on
specific gambling activities upon the premises, and for such other
activities as may be licensed by the commission, which fees shall
provide to the commission not less than an amount of money adequate to
cover all costs incurred by the commission relative to licensing under
this chapter and the enforcement by the commission of the provisions of
this chapter and rules and regulations adopted pursuant thereto((:
PROVIDED, That)). However, all licensing fees ((shall)) must be
submitted with an application therefor and such portion of ((said)) the
fee as the commission may determine, based upon its cost of processing
and investigation, ((shall)) must be retained by the commission upon
the withdrawal or denial of any such license application as its
reasonable expense for processing the application and investigation
into the granting thereof((: PROVIDED FURTHER, That)). If in a
particular case the basic license fee established by the commission for
a particular class of license is less than the commission's actual
expenses to investigate that particular application, the commission may
at any time charge to that applicant such additional fees as are
necessary to pay the commission for those costs. The commission may
decline to proceed with its investigation and no license shall be
issued until the commission has been fully paid therefor by the
applicant((: AND PROVIDED FURTHER, That)). Moreover, the commission
may establish fees for the furnishing by it to licensees of
identification stamps to be affixed to such devices and equipment as
required by the commission and for such other special services or
programs required or offered by the commission, the amount of each of
these fees to be not less than is adequate to offset the cost to the
commission of the stamps and of administering their dispersal to
licensees or the cost of administering such other special services,
requirements or programs;
(6) To prescribe the manner and method of payment of taxes, fees
and penalties to be paid to or collected by the commission;
(7) To require that applications for all licenses contain such
information as may be required by the commission((: PROVIDED, That)).
(a) All persons (((a))) (i) having a managerial or ownership
interest in any gambling activity, or the building in which any
gambling activity occurs, or the equipment to be used for any gambling
activity, or (((b))) (ii) participating as an employee in the operation
of any gambling activity, ((shall)) must be listed on the application
for the license and the applicant ((shall)) must certify on the
application, under oath, that the persons named on the application are
all of the persons known to have an interest in any gambling activity,
building, or equipment by the person making such application((:
PROVIDED FURTHER, That)).
(b) The commission ((shall)) must require fingerprinting and
national criminal history background checks on any persons seeking
licenses, certifications, or permits under this chapter or of any
person holding an interest in any gambling activity, building, or
equipment to be used therefor, or of any person participating as an
employee in the operation of any gambling activity. All national
criminal history background checks ((shall)) must be conducted using
fingerprints submitted to the United States department of justice-federal bureau of investigation. The commission must establish rules
to delineate which persons named on the application are subject to
national criminal history background checks. In identifying these
persons, the commission must take into consideration the nature,
character, size, and scope of the gambling activities requested by the
persons making such applications;
(8) To require that any license holder maintain records as directed
by the commission and submit such reports as the commission may deem
necessary;
(9) To require that all income from bingo games, raffles, and
amusement games be recorded and reported as established by rule or
regulation of the commission to the extent deemed necessary by
considering the scope and character of the gambling activity in such a
manner that will disclose gross income from any gambling activity,
amounts received from each player, the nature and value of prizes, and
the fact of distributions of such prizes to the winners thereof;
(10) To regulate and establish maximum limitations on income
derived from bingo. In establishing limitations pursuant to this
subsection the commission ((shall)) must take into account (a) the
nature, character, and scope of the activities of the licensee; (b) the
source of all other income of the licensee; and (c) the percentage or
extent to which income derived from bingo is used for charitable, as
distinguished from nonprofit, purposes. However, the commission's
powers and duties granted by this subsection are discretionary and not
mandatory;
(11) ((To regulate and establish the type and scope of and manner
of conducting the gambling activities authorized by this chapter,
including but not limited to, the extent of wager, money, or other
thing of value which may be wagered or contributed or won by a player
in any such activities;)) To regulate the collection of and the accounting for the fee
which may be imposed by an organization, corporation, or person
licensed to conduct a social card game on a person desiring to become
a player in a social card game in accordance with RCW 9.46.0282;
(12)
(((13))) (12) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating any
matter within the scope of its duties and responsibilities;
(((14))) (13) In accordance with RCW 9.46.080, to adopt such rules
and regulations as are deemed necessary to carry out the purposes and
provisions of this chapter. All rules and regulations ((shall)) must
be adopted pursuant to the administrative procedure act, chapter 34.05
RCW;
(((15))) (14) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative
authority thereof may enter into the taxing of any gambling activity
authorized by this chapter;
(((16))) (15)(a) To establish and regulate a maximum limit on
salaries or wages which may be paid to persons employed in connection
with activities conducted by bona fide charitable or nonprofit
organizations and authorized by this chapter, where payment of such
persons is allowed, and to regulate and establish maximum limits for
other expenses in connection with such authorized activities, including
but not limited to rent or lease payments. However, the commissioner's
powers and duties granted by this subsection are discretionary and not
mandatory.
(b) In establishing these maximum limits the commission ((shall))
must take into account the amount of income received, or expected to be
received, from the class of activities to which the limits will apply
and the amount of money the games could generate for authorized
charitable or nonprofit purposes absent such expenses. The commission
may also take into account, in its discretion, other factors, including
but not limited to, the local prevailing wage scale and whether
charitable purposes are benefited by the activities;
(((17))) (16) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the commission may
by rule provide, to any person to work for any operator of any gambling
activity authorized by this chapter in connection with that activity,
or any manufacturer, supplier, or distributor of devices for those
activities in connection with such business. The commission may
authorize the director to temporarily issue or suspend licenses subject
to final action by the commission. The commission ((shall)) may not
require that persons working solely as volunteers in an authorized
activity conducted by a bona fide charitable or bona fide nonprofit
organization, who receive no compensation of any kind for any purpose
from that organization, and who have no managerial or supervisory
responsibility in connection with that activity, be licensed to do such
work. The commission may require that licensees employing such
unlicensed volunteers submit to the commission periodically a list of
the names, addresses, and dates of birth of the volunteers. If any
volunteer is not approved by the commission, the commission may require
that the licensee not allow that person to work in connection with the
licensed activity;
(((18))) (17) To publish and make available at the office of the
commission or elsewhere to anyone requesting it a list of the
commission licensees, including the name, address, type of license, and
license number of each licensee;
(((19))) (18) To establish guidelines for determining what
constitutes active membership in bona fide nonprofit or charitable
organizations for the purposes of this chapter;
(((20))) (19) To renew the license of every person who applies for
renewal within six months after being honorably discharged, removed, or
released from active military service in the armed forces of the United
States upon payment of the renewal fee applicable to the license
period, if there is no cause for denial, suspension, or revocation of
the license;
(((21))) (20) To issue licenses under subsections (1) through (4)
of this section that are valid for a period of up to eighteen months,
if it chooses to do so, in order to transition to the use of the
business licensing services program through the department of revenue;
and
(((22))) (21) To perform all other matters and things necessary to
carry out the purposes and provisions of this chapter.
NEW SECTION. Sec. 3 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 4 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.