AN
ACT Relating to changing provisions relating to the import of simulcast horse
races from out-of-state racing facilities to class 1 racing associations' live
racing facilities; amending RCW 67.16.200; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that Washington's equine racing industry creates economic,
environmental, and recreational impacts across the state affecting agriculture,
horse breeding, the horse training industry, agricultural fairs and youth
programs, and tourism and employment opportunities. The Washington equine
industry has incurred a financial decline coinciding with increased competition
from the gaming industry in the state and from the lack of a class 1 racing
facility in western Washington from 1993 through 1995. This act is necessary
to preserve, restore, and revitalize the equine breeding and racing industries
and to preserve in Washington the economic and social impacts associated with
these industries. Preserving Washington's equine breeding and racing
industries, and in particular those sectors of the industries that are
dependent upon live horse racing, is in the public interest of the state. The
purpose of this act is to preserve Washington's equine breeding and racing
industries and to protect these industries from adverse economic impacts. This
act does not establish a new form of gaming in Washington or allow expanded
gaming within the state beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before the effective date of this act.
Therefore, this act does not allow gaming of any nature or scope that was
prohibited before the effective date of this act.
Sec.
2. RCW
67.16.200 and 2000 c 223 s 1 are each amended to read as follows:
(1)
A racing association licensed by the commission to conduct a race meet may seek
approval from the commission to conduct parimutuel wagering on its program at a
satellite location or locations within the state of Washington. The sale of
parimutuel pools at satellite locations shall be conducted only during the
licensee's race meet and simultaneous to all parimutuel wagering activity
conducted at the licensee's live racing facility in the state of Washington.
The commission's authority to approve satellite wagering at a particular
location is subject to the following limitations:
(a)
The commission may approve only one satellite location in each county in the
state; however, the commission may grant approval for more than one licensee to
conduct wagering at each satellite location. A satellite location shall not be
operated within twenty driving miles of any class 1 racing facility. For the
purposes of this section, "driving miles" means miles measured by the
most direct route as determined by the commission; and
(b)
A licensee shall not conduct satellite wagering at any satellite location
within sixty driving miles of any other racing facility conducting a live race
meet.
(2)
Subject to local zoning and other land use ordinances, the commission shall be
the sole judge of whether approval to conduct wagering at a satellite location
shall be granted.
(3)
The licensee shall combine the parimutuel pools of the satellite location with
those of the racing facility for the purpose of determining odds and computing
payoffs. The amount wagered at the satellite location shall be combined with
the amount wagered at the racing facility for the application of take out
formulas and distribution as provided in RCW 67.16.102, 67.16.105, 67.16.170,
and 67.16.175. A satellite extension of the licensee's racing facility shall
be subject to the same application of the rules of racing as the licensee's
racing facility.
(4)
Upon written application to the commission, a class 1 racing association may be
authorized to transmit simulcasts of live horse races conducted at its
racetrack to locations outside of the state of Washington approved by the
commission and in accordance with the interstate horse racing act of 1978 (15
U.S.C. Sec. 3001 to 3007) or any other applicable laws. The commission may
permit parimutuel pools on the simulcast races to be combined in a common
pool. A racing association that transmits simulcasts of its races to locations
outside this state shall pay at least fifty percent of the fee that it receives
for sale of the simulcast signal to the horsemen's purse account for its live
races after first deducting the actual cost of sending the signal out of state.
(5)
Upon written application to the commission, a class 1 racing association may be
authorized to transmit simulcasts of live horse races conducted at its
racetrack to licensed racing associations located within the state of
Washington and approved by the commission for the receipt of the simulcasts.
The commission shall permit parimutuel pools on the simulcast races to be
combined in a common pool. The fee for in-state, track-to-track simulcasts
shall be five and one-half percent of the gross parimutuel receipts generated
at the receiving location and payable to the sending racing association. A
racing association that transmits simulcasts of its races to other licensed
racing associations shall pay at least fifty percent of the fee that it
receives for the simulcast signal to the horsemen's purse account for its live
race meet after first deducting the actual cost of sending the simulcast
signal. A racing association that receives races simulcast from class 1 racing
associations within the state shall pay at least fifty percent of its share of
the parimutuel receipts to the horsemen's purse account for its live race meet
after first deducting the purchase price and the actual direct costs of
importing the race.
(6)
A class 1 racing association may be allowed to import simulcasts of horse races
from out-of-state racing facilities. With the prior approval of the commission,
the class 1 racing association may participate in an interstate common pool and
may change its commission and breakage rates to achieve a common rate with
other participants in the common pool.
(a)
The class 1 racing association shall make written application with the
commission for permission to import simulcast horse races for the purpose of
parimutuel wagering. Subject to the terms of this section, the commission is
the sole authority in determining whether to grant approval for an imported
simulcast race.
(b)
((During the conduct of its race meeting, a class 1 racing association may
be allowed to import no more than one simulcast race card program during each
live race day.)) A licensed racing association may also be approved to
import one simulcast race of regional or national interest on each live race
day. ((A class 1 racing association may be permitted to import two
simulcast programs on two nonlive race days per each week during its live
meet. A licensee shall not operate parimutuel wagering on more than five days
per week. Parimutuel wagering on imported simulcast programs shall only be
conducted at the live racing facility of a class 1 racing association.))
(c)
The commission may allow simulcast races of regional or national interest to be
sent to satellite locations. The simulcasts shall be limited to one per day
except for Breeder's Cup special events day.
(d)
When open for parimutuel wagering, a class 1 racing association which imports
simulcast races shall also conduct simulcast parimutuel wagering within its
licensed racing enclosure on all races simulcast from other class 1 racing
associations within the state of Washington.
(e)
((When not conducting a live race meeting, a class 1 racing association may
be approved to conduct simulcast parimutuel wagering on imported simulcast
races.)) The conduct of ((simulcast)) parimutuel wagering on ((the))
imported simulcast races shall be for not more than fourteen hours
during any twenty-four hour period, for not more than five days per week and
only at ((its)) the live racing facility of a class 1 racing
association.
(f)
On any imported simulcast race, the class 1 racing association shall pay fifty
percent of its share of the parimutuel receipts to the horsemen's purse account
for its live race meet after first deducting the purchase price of the imported
race and the actual costs of importing the race.
(7)
For purposes of this section, a class 1 racing association is defined as a
licensee approved by the commission to conduct during each twelve-month period
at least forty days of live racing. If a live race day is canceled due to
reasons directly attributable to acts of God, labor disruptions affecting live
race days but not directly involving the licensee or its employees, or other
circumstances that the commission decides are beyond the control of the class 1
racing association, then the canceled day counts toward the forty-day
requirement. The commission may by rule increase the number of live racing
days required to maintain class 1 racing association status or make other rules
necessary to implement this section.
(8)
This section does not establish a new form of gaming in Washington or allow
expanded gaming within the state beyond what has been previously authorized.
Simulcast wagering has been allowed in Washington before April 19, 1997.
Therefore, this section does not allow gaming of any nature or scope that was
prohibited before April 19, 1997. This section is necessary to protect the
Washington equine breeding and racing industries, and in particular those
sectors of these industries that are dependent upon live horse racing. The
purpose of this section is to protect these industries from adverse economic
impacts and to promote fan attendance at class 1 racing facilities. Therefore,
imported simulcast race card programs shall not be disseminated to any location
outside the live racing facility of the class 1 racing association and a class
1 racing association is strictly prohibited from simulcasting imported race
card programs to any location outside its live racing facility.
(9)
A licensee conducting simulcasting under this section shall place signs in the
licensee's gambling establishment under RCW 9.46.071. The informational signs
concerning problem and compulsive gambling must include a toll-free telephone
number for problem and compulsive gamblers and be developed under RCW 9.46.071.
(10)
This act does not establish a new form of gaming in Washington or allow
expanded gaming within the state beyond what has been previously authorized.
Simulcast wagering has been allowed in Washington before the effective date of
this act. Therefore, this section does not allow gaming of any nature or scope
that was prohibited before the effective date of this act. This act is
necessary to protect the Washington equine breeding and racing industries, and
in particular those sectors of these industries that are dependent upon live
horse racing. The purpose of this act is to protect these industries from
adverse economic impacts and to promote fan attendance at class 1 racing
facilities. Therefore, imported simulcast race card programs shall not be
disseminated to any location outside the live racing facility of the class 1
racing association and a class 1 racing association is strictly prohibited from
simulcasting imported race card programs to any location outside its live
racing facility.
(11)
If a state or federal court makes a finding that the increase in the number of
imported simulcast races that may be authorized under this act is an expansion
of gaming beyond that which is now allowed, this act is null and void.
(12)
If any provision of this act or its application to any person or circumstance
is held invalid, the remainder of this act or the application of the provision
to other persons or circumstances is also invalid.
