H-2126              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 177

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State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Patrick, Crane, C. Smith, J. Williams, May, Brough, Lewis, Chandler, Nealey, Schmidt, Ferguson, Cole, Bumgarner, Silver and Schoon)

Read first time 2/27/87 and passed to Committee on Rules.

AN ACT Relating to the horse racing commission; and amending RCW 67.16.012.

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

        Sec. 1.  Section 2, chapter 55, Laws of 1933 as last amended by section 1, chapter 216, Laws of 1973 1st ex. sess. and RCW 67.16.012 are each amended to read as follows:

(1) There is hereby created the Washington horse racing commission, to consist of ((three)) five commissioners((, who)) appointed by the governor.  The commissioners shall be citizens, residents, and qualified electors of the state of Washington, ((and)) one of whom shall be a breeder of race horses ((and he shall be)) of at least one year's standing.  ((The first members of said commission shall be appointed by the governor within thirty days after March 3, 1933, one for a term to expire on the Thursday following the second Monday in January of 1935, one for a term to expire on the Thursday following the second Monday in January of 1937, and one for a term to expire on the Thursday following the second Monday in January of 1939,))  In making the appointments, the governor shall consider the geographic diversity of the state.  Of the members appointed to fill the additional positions created in 1987, one shall be appointed for a term to expire on the Thursday following the second Monday of 1991, and one shall be appointed for a term to expire on the Thursday following the second Monday of 1993.  Upon ((which)) the expiration of the term of any member, the governor shall appoint a successor for a term of six years.  Each member shall hold office until his or her successor is appointed and qualified.  Vacancies in the office of commissioner shall be filled by appointment to be made by the governor for the unexpired term.  Any commissioner may be removed at any time at the pleasure of the governor:  PROVIDED, That any member or successor that is appointed or reappointed by the governor after August 11, 1969, shall be confirmed by the senate.  Before entering upon the duties of his or her office, each commissioner shall enter into a surety company bond, to be approved by the governor and attorney general, payable to the state of Washington, in the penal sum of five thousand dollars, conditioned upon the faithful performance of his or her duties and the correct accounting and payment of all sums received and coming within his or her control under this chapter, and in addition thereto each commissioner shall take and subscribe to an oath of office of the same form as that prescribed by law for elective state officers.

(2) In addition to the commission members appointed under subsection (1) of this section, there shall be four ex officio nonvoting members  consisting of:  (a) 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; and (b) 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.  The 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, and vacancies shall be filled in the same manner as original appointments are made.  The ex officio members shall assist in the policy making, rather than administrative, functions of the commission, and shall collect data deemed essential to future legislative proposals and exchange information with the commission.  The ex officio members shall be deemed engaged in legislative business while in attendance upon the business of the commission and shall be limited to such allowances therefor as otherwise provided in RCW 44.04.120, the same to be paid from the horse racing commission fund as being expenses relative to commission business.