BILL REQ. #: H-0715.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/28/13. Referred to Committee on Government Accountability & Oversight.
AN ACT Relating to providing increased access to parimutuel satellite locations in counties with a population exceeding one million; and amending RCW 67.16.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 67.16.200 and 2007 c 100 s 1 are each amended to read
as follows:
(1) A class 1 racing association licensed by the commission to
conduct a race meet may seek approval from the commission to conduct
parimutuel wagering at a satellite location or locations within the
state of Washington. In order to participate in parimutuel wagering at
a satellite location or locations within the state of Washington, the
holder of a class 1 racing association license must have conducted at
least one full live racing season. All class 1 racing associations
must hold a live race meet within each succeeding twelve-month period
to maintain eligibility to continue to participate in parimutuel
wagering at a satellite location or locations. The sale of parimutuel
pools at satellite locations shall be conducted 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; provided however, the commission may approve two
satellite locations in counties with a population exceeding one
million. 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 a multijurisdictional 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) 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.
(c) 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 and offering the race.
(7) A licensed nonprofit racing association may be approved to
import one simulcast race of regional or national interest on each live
race day.
(8) 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.
(9) 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, a licensed class 1 racing association may be
approved to disseminate imported simulcast race card programs to
satellite locations approved under this section, provided that the
class 1 racing association has conducted at least forty live racing
days with an average on-track handle on the live racing product of a
minimum of one hundred fifty thousand dollars per day during the twelve
months immediately preceding the application date. However, to promote
the development of a new class 1 racing association facility and to
meet the best interests of the Washington equine breeding and racing
industries, the commission may by rule reduce the required minimum
average on-track handle on the live racing product from one hundred
fifty thousand dollars per day to thirty thousand dollars per day.
(10) 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
pathological gamblers and be developed under RCW 9.46.071.
(11) Chapter 10, Laws of 2001 1st sp. sess. 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 August 23, 2001. Therefore, this
section does not allow gaming of any nature or scope that was
prohibited before August 23, 2001. Chapter 10, Laws of 2001 1st sp.
sess. 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 chapter 10, Laws
of 2001 1st sp. sess. is to protect these industries from adverse
economic impacts and to promote fan attendance at class 1 racing
facilities.