Date of Adoption: March 12, 2004.

     Purpose: To amend sections in chapter 260-48 WAC addressing pools dependent on betting interest and trifecta, twin trifecta and superfecta pools.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-48-620 Pools dependent upon betting interest, 260-48-890 Trifecta pools, 260-48-900 Twin trifecta pools, and 260-48-910 Superfecta pools.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 04-04-048 on January 29, 2004.

     Changes Other than Editing from Proposed to Adopted Version: (1) Add language in WAC 260-48-620 the commission's designee to alter the requirements of subsections (1)-(8); and (2) added language to WAC 260-48-890 Trifecta pools, 260-48-900 Twin trifecta pools, and 260-48-910 Superfecta pools that allow for more than one coupled entry in these races with the written approval of the executive secretary.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

March 12, 2004

R. M. Leichner

Executive Secretary

OTS-6908.2

AMENDATORY SECTION(Amending WSR 00-06-070, filed 3/1/00, effective 4/1/00)

WAC 260-48-620   Pools dependent upon betting interests.   Unless the commission or its designee otherwise provides, at the time the pools are opened for wagering, the association:

     (1) Shall offer win((, place, and show)) wagering on all races with ((five)) three or more betting interests.

     (2) ((May be allowed to prohibit show wagering on any race with four or fewer betting interests.

     (3) May be allowed to prohibit place wagering on any race with three or fewer betting interests.)) Shall offer place wagering on all races with four or more betting interests.

     (3) Shall offer show wagering on all races with five or more betting interests.

     (4) May ((be allowed to prohibit)) offer quinella wagering on ((any)) all races with three or ((fewer)) more betting interests.

     (5) May ((be allowed to prohibit)) offer exacta wagering on ((any)) all races with ((three)) two or ((fewer)) more betting interests.

     (6) ((Shall prohibit)) May offer trifecta wagering on ((any)) all races with ((five)) three or ((fewer)) more betting interests ((scheduled to start when the trifecta pool opens for wagering in Washington)).

     (7) ((Shall prohibit)) May offer twin trifecta wagering on ((any)) all races with seven or ((fewer)) more betting interests ((scheduled to start when the twin trifecta pool opens for wagering in Washington)).

     (8) ((Shall prohibit)) May offer superfecta wagering on ((any)) all races with ((seven)) four or ((fewer)) more betting interests ((scheduled to start when the superfecta pool opens for wagering in Washington)).

[Statutory Authority: RCW 67.16.040. 00-06-070, § 260-48-620, filed 3/1/00, effective 4/1/00; 99-06-026, § 260-48-620, filed 2/23/99, effective 3/26/99; 96-10-014, § 260-48-620, filed 4/19/96, effective 6/11/96.]

OTS-6909.3

AMENDATORY SECTION(Amending WSR 98-01-148, filed 12/19/97, effective 1/19/98)

WAC 260-48-890   Trifecta pools.   (1) The trifecta requires selection of the first three finishers, in their exact order, for a single race.

     (2) The net trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:    

     (a) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

     (b) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then          

     (c) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

     (d) The entire pool shall be refunded on trifecta wagers for that race.

     (3) If less than three betting interests finish and the race is declared official, payoffs will be made based upon the order of finish of those betting interests completing the race. The balance of any selection beyond the number of betting interests completing the race shall be ignored.

     (4) If there is a dead heat for first involving:

     (a) Horses representing three or more betting interests, all of the wagering combinations selecting three betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

     (b) Horses representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place betting interest shall share in a profit split.

     (5) If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second shall share in a profit split.

     (6) If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third shall share in a profit split.

     (7) ((There shall be only one instance of two horses having common ties in any trifecta race, stakes races are excepted with permission of the stewards.)) Trifecta wagering is prohibited on any race in which there is more than one coupled entry, except with written permission of the executive secretary.

     (8) Trifecta wagering is prohibited on any race in which there is a mutuel field.

[Statutory Authority: RCW 67.16.040. 98-01-148, § 260-48-890, filed 12/19/97, effective 1/19/98; 96-10-014, § 260-48-890, filed 4/19/96, effective 6/11/96.]

     (2) Twin trifecta wagering may be conducted by Class A and B licensees at the discretion of the commission upon written application by an association.

     (3) After wagering closes for the first-half of the twin trifecta and commissions have been deducted from the pool, the net pool shall then be divided into two separate pools: The first-half twin trifecta pool and the second-half twin trifecta pool. The percentage allocated to each pool must be approved by the commission.

     (4) In the first twin trifecta race only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first twin trifecta race:

     (a) As a single price pool to those whose combination finished in the correct sequence as the first three betting interest; but if there are no such wagers, then

     (b) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

     (c) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

     (d) The entire twin trifecta pool for that day shall be refunded on twin trifecta wagers for that race and the second-half shall be ((cancelled)) canceled.

     (5) If no first-half twin trifecta ticket selects the first three finishers of that race in exact order, winning ticket holders shall not receive any exchange tickets for the second-half twin trifecta pool. In such case, the second-half twin trifecta pool shall be retained and added to any existing twin trifecta carry-over pool.

     (6) Winning tickets from the first-half of the twin trifecta shall be exchanged for tickets selecting the first three finishers of the second-half of the twin trifecta. The second-half twin trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second twin trifecta race:

     (a) As a single price pool, including any existing carry-over monies, to those whose combination finished in correct sequence as the first three betting interest; but if there are no such tickets, then

     (b) The entire second-half twin trifecta pool for that race shall be added to any existing carry-over monies and retained for the corresponding second-half twin trifecta pool of the next consecutive race card.

     (7) Subject to subsection 19(e) of the twin trifecta rules, if a winning first-half twin trifecta ticket is not presented for cashing and exchange prior to the second-half twin trifecta race, the ticket holder may still collect the monetary value associated with the first-half twin trifecta pool but forfeits all rights to any distribution of the second-half twin trifecta pool.

     (8) ((Coupled entries and mutuel fields shall be prohibited in twin trifecta races.

     (9) There shall be only one instance of two horses having common ties through a trainer in any twin trifecta race.)) Twin trifecta wagering is prohibited on any race in which there is a mutuel field, except with written permission of the executive secretary.

     (9) Twin trifecta wagering is prohibited on any race in which there is more than one coupled entry.

     (10) Should a betting interest in the first-half of the twin trifecta be scratched, those twin trifecta wagers including the scratched betting interest shall be refunded.

     (11) Should a betting interest in the second-half of the twin trifecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest.

     (12) If there is a dead heat or multiple dead heats in either the first- or second-half of the twin trifecta, all twin trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of dead heat occurring in:

     (a) The first-half of the twin trifecta, the payoff shall be calculated as a profit split

     (b) The second-half of the twin trifecta, the payoff shall be calculated as a single price pool.

     (13) If either of the twin trifecta races are ((cancelled)) canceled prior to the first twin trifecta race, or the first twin trifecta race is declared "no race," the entire twin trifecta pool for that day shall be refunded on twin trifecta wagers for that race and the second-half shall be ((cancelled.)) canceled

     (14) If the second-half twin trifecta race is ((cancelled)) canceled or declared "no race," all exchange tickets and outstanding first-half winning twin trifecta tickets shall be entitled to the net twin trifecta pool for that race as a single price pool, but not the twin trifecta carry-over. If there are no such tickets, the net twin trifecta pool shall be distributed as described in subsections (4) of the twin trifecta rules.

     (15) If, due to a late scratch, the number of betting interests in the second-half of the twin trifecta is reduced to fewer than 6, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half twin pool for that race as a single price pool, but not the twin trifecta carry-over.

     (16) If it be determined by the stewards that a horse has been prevented from racing because of the failure of the stall door of the starting gate to open (nonstarter) in the second-half of the twin trifecta only, there will be no refund or consolation payoff. The official order of finish as posted shall be used to determine payoffs. This will not affect other pools for this race.

     (17) A written request for permission to distribute the twin trifecta carry-over on a specific race card may be submitted to the commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date of race card for the distribution.

     (18) Contrary to subsection (5) of the twin trifecta rules, during a race card designated to distribute the twin trifecta carry-over, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the twin trifecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations as described in subsection (4) of the twin trifecta rules.

     (19) Should the twin trifecta carry-over be designated for distribution on a specified date, the following precedence will be followed in determining winning tickets for the second-half of the twin trifecta after completion of the first-half of the twin trifecta:

     (a) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

     (b) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

     (c) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

     (d) As a single price pool to holders of valid exchange tickets.

     (e) As a single price pool to holders of outstanding first-half winning tickets.

     (20) The twin trifecta carry-over shall be designated for distribution on a specified date and race card only under the following circumstances:

     (a) Upon written approval from the commission as provided in subsection (17) of the twin trifecta rules.

     (b) On the closing race card of the meet or split meet.

     (21) If, for any reason, the twin trifecta carry-over must be held over to the corresponding twin trifecta pool of the association's subsequent meet, the carry-over shall be deposited in an interest-bearing account approved by the commission. The twin trifecta carry-over plus accrued interest shall then be added to the second-half twin trifecta pool of the association's following meet.

     (22) If racing is ((cancelled)) canceled prior to the first-half of the twin trifecta on the closing race card of the meet or split meet, the carry-over will be held over in accordance with subsection (20) of the twin trifecta rules.

     (23) If racing is ((cancelled)) canceled after the running of the first-half but before the running of the second-half on the closing race card of the meet or split meet, the carry-over pool will be paid as a single price to holders of exchange tickets or outstanding winning tickets from the first-half.

     (24) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited. This shall not prohibit necessary communications between totalisator and parimutuel department employees for processing of pool data.

     (25) The acceptance of a twin trifecta ticket by taking an issued ticket away from the window of the terminal from which it was issued shall constitute an acknowledgment by the bettor that the ticket is correct. Exchange tickets may not be canceled and/or reissued except as provided by these rules. The association, totalisator company, and state may not be liable to any person for a twin trifecta ticket which is not:

     (a) A winning ticket in accordance with the provisions of this rule; or

     (b) Delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, phone line failure, or other cause.

     (26) Twin trifecta tickets shall be sold and exchanged only by the association through parimutuel machines.

     (27) The twin trifecta carry-over may be capped at a designated level approved or set by the commission so that if, at the close of any race card, the amount in the twin trifecta carry-over equals or exceeds the designated cap, the twin trifecta carry-over will be frozen until it is won or distributed under other provisions of this rule. After the twin trifecta carry-over is frozen, 100 percent of the net twin trifecta pool for each individual race shall be distributed to winners of the first-half of the twin trifecta pool.

[Statutory Authority: RCW 67.16.040. 96-10-014, § 260-48-900, filed 4/19/96, effective 6/11/96.]

     (2) The net superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

     (a) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

     (b) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

     (c) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

     (d) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

     (e) The entire pool shall be refunded on superfecta wagers for that race.

     (3) If less than four betting interests finish and the race is declared official, payoffs will be made based upon the order of finish of those betting interests completing the race. The balance of any selection beyond the number of betting interests completing the race shall be ignored.

     (4) If there is a dead heat for first involving:

     (a) Horses representing four or more betting interests, all of the wagering combinations selecting four betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

     (b) Horses representing three betting interests, all of the wagering combinations selecting the three dead-heated betting interests, irrespective of order, along with the fourth-place betting interest shall share in a profit split.

     (c) Horses representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests shall share in a profit split.

     (5) If there is a dead heat for second involving:

     (a) Horses representing three or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the three betting interests involved in the dead heat for second shall share in a profit split.

     (b) Horses representing two betting interests, all of the wagering combinations correctly selecting the winner, the two dead-heated betting interests, irrespective of order, and the fourth-place betting interest shall share in a profit split.

     (6) If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any two of the betting interests involved in the dead heat for third shall share in a profit split.

     (7) If there is a dead heat for fourth, all wagering combinations correctly selecting the first three finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fourth shall share in a profit split.

     (8) ((There shall be only one instance of two horses having common ties through a trainer in any superfecta race, stakes races are excepted with permission of the stewards.)) Superfecta wagering is prohibited on any race in which there is more than one coupled entry, except with written permission of the executive secretary.

     (9) Superfecta wagering is prohibited on any race in which there is a mutuel field.

[Statutory Authority: RCW 67.16.040. 99-06-026, § 260-48-910, filed 2/23/99, effective 3/26/99.]

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