H 1932

H‑1932.1 _____________________________________________

SUBSTITUTE HOUSE BILL 1571

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Wood, Clements and Conway)

READ FIRST TIME 02/23/01.

_1 AN ACT Relating to changing provisions relating to the import

_2 of simulcast horse races from out-of-state racing facilities to

_3 class 1 racing associations' live racing facilities; and amending

_4 RCW 67.16.200.

_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6 Sec. 1. RCW 67.16.200 and 2000 c 223 s 1 are each amended to read

_7 as follows:

_8 (1) A racing association licensed by the commission to conduct

_9 a race meet may seek approval from the commission to conduct

10 parimutuel wagering on its program at a satellite location or

11 locations within the state of Washington. The sale of parimutuel

12 pools at satellite locations shall be conducted only during the

13 licensee's race meet and simultaneous to all parimutuel wagering

14 activity conducted at the licensee's live racing facility in the

15 state of Washington. The commission's authority to approve

16 satellite wagering at a particular location is subject to the

17 following limitations:

18 (a) The commission may approve only one satellite location in

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_1 each county in the state; however, the commission may grant

_2 approval for more than one licensee to conduct wagering at each

_3 satellite location. A satellite location shall not be operated

_4 within twenty driving miles of any class 1 racing facility. For the

_5 purposes of this section, "driving miles" means miles measured by

_6 the most direct route as determined by the commission; and

_7 (b) A licensee shall not conduct satellite wagering at any

_8 satellite location within sixty driving miles of any other racing

_9 facility conducting a live race meet.

10 (2) Subject to local zoning and other land use ordinances, the

11 commission shall be the sole judge of whether approval to conduct

12 wagering at a satellite location shall be granted.

13 (3) The licensee shall combine the parimutuel pools of the

14 satellite location with those of the racing facility for the

15 purpose of determining odds and computing payoffs. The amount

16 wagered at the satellite location shall be combined with the

17 amount wagered at the racing facility for the application of take

18 out formulas and distribution as provided in RCW 67.16.102,

19 67.16.105, 67.16.170, and 67.16.175. A satellite extension of the

20 licensee's racing facility shall be subject to the same

21 application of the rules of racing as the licensee's racing

22 facility.

23 (4) Upon written application to the commission, a class 1

24 racing association may be authorized to transmit simulcasts of

25 live horse races conducted at its racetrack to locations outside

26 of the state of Washington approved by the commission and in

27 accordance with the interstate horse racing act of 1978 (15 U.S.C.

28 Sec. 3001 to 3007) or any other applicable laws. The commission may

29 permit parimutuel pools on the simulcast races to be combined in a

30 common pool. A racing association that transmits simulcasts of its

31 races to locations outside this state shall pay at least fifty

32 percent of the fee that it receives for sale of the simulcast

33 signal to the horsemen's purse account for its live races after

34 first deducting the actual cost of sending the signal out of

35 state.

36 (5) Upon written application to the commission, a class 1

37 racing association may be authorized to transmit simulcasts of

38 live horse races conducted at its racetrack to licensed racing

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_1 associations located within the state of Washington and approved

_2 by the commission for the receipt of the simulcasts. The commission

_3 shall permit parimutuel pools on the simulcast races to be

_4 combined in a common pool. The fee for in-state, track-to-track

_5 simulcasts shall be five and one-half percent of the gross

_6 parimutuel receipts generated at the receiving location and

_7 payable to the sending racing association. A racing association

_8 that transmits simulcasts of its races to other licensed racing

_9 associations shall pay at least fifty percent of the fee that it

10 receives for the simulcast signal to the horsemen's purse account

11 for its live race meet after first deducting the actual cost of

12 sending the simulcast signal. A racing association that receives

13 races simulcast from class 1 racing associations within the state

14 shall pay at least fifty percent of its share of the parimutuel

15 receipts to the horsemen's purse account for its live race meet

16 after first deducting the purchase price and the actual direct

17 costs of importing the race.

18 (6) A class 1 racing association may be allowed to import

19 simulcasts of horse races from out-of-state racing facilities.

20 With the prior approval of the commission, the class 1 racing

21 association may participate in an interstate common pool and may

22 change its commission and breakage rates to achieve a common rate

23 with other participants in the common pool.

24 (a) The class 1 racing association shall make written

25 application with the commission for permission to import simulcast

26 horse races for the purpose of parimutuel wagering. Subject to the

27 terms of this section, the commission is the sole authority in

28 determining whether to grant approval for an imported simulcast

29 race.

30 (b) ((~~During the conduct of its race meeting, a class 1 racing~~

31 ~~association may be allowed to import no more than one simulcast~~

32 ~~race card program during each live race day.~~)) A licensed racing

33 association may also be approved to import one simulcast race of

34 regional or national interest on each live race day. ((~~A class 1~~

35 ~~racing association may be permitted to import two simulcast~~

36 ~~programs on two nonlive race days per each week during its live~~

37 ~~meet. A licensee shall not operate parimutuel wagering on more than~~

38 ~~five days per week. Parimutuel wagering on imported simulcast~~

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_1 ~~programs shall only be conducted at the live racing facility of a~~

_2 ~~class 1 racing association.~~))

_3 (c) The commission may allow simulcast races of regional or

_4 national interest to be sent to satellite locations. The simulcasts

_5 shall be limited to one per day except for Breeder's Cup special

_6 events day.

_7 (d) When open for parimutuel wagering, a class 1 racing

_8 association which imports simulcast races shall also conduct

_9 simulcast parimutuel wagering within its licensed racing enclosure

10 on all races simulcast from other class 1 racing associations

11 within the state of Washington.

12 (e) ((~~When not conducting a live race meeting, a class 1 racing~~

13 ~~association may be approved to conduct simulcast parimutuel~~

14 ~~wagering on imported simulcast races.~~)) The conduct of

15 ((~~simulcast~~)) parimutuel wagering on ((~~the~~)) imported simulcast

16 races shall be for not more than fourteen hours during any twenty-

17 four hour period, for not more than five days per week and only at

18 ((~~its~~)) the live racing facility of a class 1 racing association.

19 (f) On any imported simulcast race, the class 1 racing

20 association shall pay fifty percent of its share of the parimutuel

21 receipts to the horsemen's purse account for its live race meet

22 after first deducting the purchase price of the imported race and

23 the actual costs of importing the race.

24 (7) For purposes of this section, a class 1 racing association

25 is defined as a licensee approved by the commission to conduct

26 during each twelve-month period at least forty days of live

27 racing. If a live race day is canceled due to reasons directly

28 attributable to acts of God, labor disruptions affecting live race

29 days but not directly involving the licensee or its employees, or

30 other circumstances that the commission decides are beyond the

31 control of the class 1 racing association, then the canceled day

32 counts toward the forty-day requirement. The commission may by rule

33 increase the number of live racing days required to maintain class

34 1 racing association status or make other rules necessary to

35 implement this section.

36 (8) This section does not establish a new form of gaming in

37 Washington or allow expanded gaming within the state beyond what

38 has been previously authorized. Simulcast wagering has been allowed

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_1 in Washington before April 19, 1997. Therefore, this section does

_2 not allow gaming of any nature or scope that was prohibited before

_3 April 19, 1997. This section is necessary to protect the Washington

_4 equine breeding and racing industries, and in particular those

_5 sectors of these industries that are dependent upon live horse

_6 racing. The purpose of this section is to protect these industries

_7 from adverse economic impacts and to promote fan attendance at

_8 class 1 racing facilities. Therefore, imported simulcast race card

_9 programs shall not be disseminated to any location outside the

10 live racing facility of the class 1 racing association and a class

11 1 racing association is strictly prohibited from simulcasting

12 imported race card programs to any location outside its live

13 racing facility.

‑‑‑ END ‑‑‑

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