S‑0601.2   _____________________________________________

 

SENATE BILL 5407

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators West, Prentice, Kohl‑Welles, Gardner and Rasmussen

 

Read first time 01/22/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_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

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_1  five days per week.  Parimutuel wagering on imported simulcast

_2  programs shall only be conducted at the live racing facility of a

_3  class 1 racing association.

_4      (c))) The commission may allow simulcast races of regional or

_5  national interest to be sent to satellite locations.  The simulcasts

_6  shall be limited to one per day except for Breeder's Cup special

_7  events day.

_8      (((d))) (c) When open for parimutuel wagering, a class 1 racing

_9  association which imports simulcast races shall also conduct

10  simulcast parimutuel wagering within its licensed racing enclosure

11  on all races simulcast from other class 1 racing associations

12  within the state of Washington.

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

14  association may be approved to conduct simulcast parimutuel

15  wagering on imported simulcast races.))

16      (d) The conduct of ((simulcast)) parimutuel wagering on ((the))

17  imported simulcast races shall be for not more than fourteen hours

18  during any twenty-four hour period, for not more than five days

19  per week and only at ((its)) the live racing facility of a class 1

20  racing association.

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

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

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

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

25  the actual costs of importing the race.

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

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

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

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

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

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

32  other circumstances that the commission decides are beyond the

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

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

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

36  1 racing association status or make other rules necessary to

37  implement this section.

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

SB 5407                        p. 4

_1  Washington or allow expanded gaming within the state beyond what

_2  has been previously authorized.  Simulcast wagering has been allowed

_3  in Washington before April 19, 1997.  Therefore, this section does

_4  not allow gaming of any nature or scope that was prohibited before

_5  April 19, 1997.  This section is necessary to protect the Washington

_6  equine breeding and racing industries, and in particular those

_7  sectors of these industries that are dependent upon live horse

_8  racing.  The purpose of this section is to protect these industries

_9  from adverse economic impacts and to promote fan attendance at

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

11  programs shall not be disseminated to any location outside the

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

13  1 racing association is strictly prohibited from simulcasting

14  imported race card programs to any location outside its live

15  racing facility.

 

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