AN
ACT Relating to class 1 racing licenses; and amending RCW 67.16.200.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
67.16.200 and 1997 c 87 s 4 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 simulcast races shall be
for not more than ((twelve)) fourteen hours during any
twenty-four hour period, for not more than five days per week and only at its
live racing facility.
(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 ((which)) to conduct((s))
during each twelve-month period at least forty days of live racing ((within
four successive calendar months)). 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.
