WSR 13-04-048

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 1, 2013, 8:25 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-23-029.

     Title of Rule and Other Identifying Information: Chapter 260-48 WAC, Mutuels.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 15, 2013, at 9:30 a.m.

     Date of Intended Adoption: March 15, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by March 13, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 13, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Defines what a self-service device is and to change the definition of a cash voucher from a document to a record to include electronic documents.

     Reasons Supporting Proposal: Stakeholder requested and supported.

     Statutory Authority for Adoption: RCW 67.16.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [Washington horse racing commission], governmental.

     Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

February 1, 2013

Douglas L. Moore

Deputy Secretary

OTS-5284.1


AMENDATORY SECTION(Amending WSR 08-17-049, filed 8/14/08, effective 9/14/08)

WAC 260-48-490   Definitions.   (1) "Common pool wagering." The inclusion of wagers placed at guest association locations and secondary parimutuel organizations (SPMO) into a common parimutuel pool for the purpose of display of wagering information and calculation of payoffs on winning wagers.

     (2) "Guest association." An association approved to offer simulcast races and parimutuel wagering on races conducted at other racetracks.

     (3) "Host association." An association where live racing and parimutuel wagering are conducted and on which parimutuel wagering is conducted by guest associations or satellite locations.

     (4) "Parimutuel system." The hardware, software and communications equipment used to record wagers, calculate payouts for winning wagers, and transmit wagering transactions and parimutuel pool data for display to patrons and to communicate with other parimutuel systems linked to facilitate common pool wagering.

     (5) "Parimutuel wagering." A form of wagering on the outcome of a horse race in which all wagers are pooled and held by a parimutuel pool host for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning contestants.

     (6) "Secondary parimutuel organization (SPMO)." An entity other than a licensed association that offers and accepts parimutuel wagers. This may include a satellite location (off-track wagering) or an advance deposit wagering service provider.

     (7) "Self-service device." A computerized wagering device that allows the patron, only while on the grounds of a licensed Class 1 racing association, to wager by use of portable electronic device. The self-service device allows the patron to place wagers only. The patron must contact a mutuel clerk to cash in any winnings.

     (8) "Self-service terminal." A computerized wagering device that allows the patron to wager by use of a touch activated screen using account cards, vouchers, winning tickets and cash.

     (((8))) (9) "Simulcast." Live video and audio transmission of a race and parimutuel information for the purpose of parimutuel wagering at locations other than a host association.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-17-049, § 260-48-490, filed 8/14/08, effective 9/14/08.]


AMENDATORY SECTION(Amending WSR 08-17-049, filed 8/14/08, effective 9/14/08)

WAC 260-48-680   Parimutuel cash vouchers.   (1) A parimutuel cash voucher is a ((document)) record or card produced by a parimutuel system device on which a stored cash value is represented and the value is recorded in and redeemed through the parimutuel system. Parimutuel cash vouchers may be offered by an association that issues parimutuel tickets. The stored value on a voucher may be redeemed in the same manner as a value of a winning parimutuel ticket for wagers placed at a parimutuel window, a self-service device, or a self-service terminal, and may be redeemed for their cash value at any time.

     (2) An association may, with the prior approval of the commission, issue special parimutuel cash vouchers as incentives or promotional prizes, and may restrict the use of those vouchers to the purchase of parimutuel wagers.

     (3) The tote system transaction record for all parimutuel vouchers will include the following:

     (a) The voucher identification number in subsequent parimutuel transactions;

     (b) Any parimutuel wagers made from a voucher will identify the voucher by identification number.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-17-049, § 260-48-680, filed 8/14/08, effective 9/14/08.]


AMENDATORY SECTION(Amending WSR 08-17-049, filed 8/14/08, effective 9/14/08)

WAC 260-48-690   Other stored value instruments and systems.   (1) An association may not, without the prior approval of the commission, utilize any form of stored value instrument or system other than a parimutuel voucher, including an electronic voucher, for the purpose of making or cashing parimutuel wagers.

     (2) Any request for approval of a stored value instrument or system will include a detailed description of the standards utilized:

     (a) To identify the specific stored value instrument or account in the parimutuel system wagering transaction record;

     (b) To verify the identity and business address of the person(s) obtaining, holding, and using the stored value instrument or system; and

     (c) To record and maintain records of deposits, credits, debits, transaction numbers, and account balances involving the stored value instruments or accounts.

     (3) A stored value instrument or system will prevent wagering transactions in the event such transactions would create a negative balance in an account, and will not automatically transfer funds into a stored value instrument or account without the direct authorization of the person holding the instrument or account.

     (4) Any request for approval of a stored value instrument or system will include all records and reports relating to all transactions, account records, and customer identification and verification in hard copy or in an electronic format approved by the commission. All records will be retained for a period of not less than three years.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-17-049, § 260-48-690, filed 8/14/08, effective 9/14/08.]