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SUBSTITUTE
HOUSE BILL 2167
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AS AMENDED BY
THE SENATE
Passed Legislature -
1994 Regular Session
State of Washington 53rd
Legislature 1994 Regular Session
By House Committee on Revenue (originally sponsored by
Representatives Heavey, G. Fisher, Lemmon, Forner, Veloria, Roland, Eide,
Campbell, Jones, Dorn, Zellinsky, Rayburn, Springer, Leonard and Patterson)
Read first time 02/04/94.
Regulating
race tracks.
AN
ACT Relating to thoroughbred race track gross receipts and licensing
provisions; amending RCW 67.16.105 and 67.16.250; creating a new section; and
declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. It is the intent of the
legislature to terminate payments into the Washington thoroughbred racing fund
from licensees of nonprofit race meets from the effective date of this act
until June 1, 1995, and to provide that one-half of moneys that otherwise would
have been paid into the fund be directed to enhanced purses and one-half of
moneys be deposited in an escrow or trust account and used solely for
construction of a new thoroughbred race track facility in western Washington.
Sec.
2. RCW
67.16.105 and 1993 c 170 s 2 are each amended to read as follows:
(1)
Licensees of race meets that are nonprofit in nature, are of ten days or less,
and have an average daily handle of one hundred twenty thousand dollars or less
shall withhold and pay to the commission daily for each authorized day of
racing one-half percent of the daily gross receipts from all parimutuel
machines at each race meet.
(2)
Licensees of race meets that do not fall under subsection (1) of this section
shall withhold and pay to the commission daily for each authorized day of
racing the following applicable percentage of all daily gross receipts from all
parimutuel machines at each race meet:
(a)
If the daily gross receipts of all parimutuel machines are more than two
hundred fifty thousand dollars, the licensee shall withhold and pay to the
commission daily two and one-half percent of the daily gross receipts; and
(b)
If the daily gross receipts of all parimutuel machines are two hundred fifty
thousand dollars or less, the licensee shall withhold and pay to the commission
daily one percent of the daily gross receipts.
(3) In
addition to those amounts in subsections (1) and (2) of this section, all
licensees shall forward one-tenth of one percent of the daily gross receipts of
all parimutuel machines to the commission daily for payment to those nonprofit
race meets as set forth in RCW 67.16.130 and subsection (1) of this section,
but said percentage shall not be charged against the licensees. The total of
such payments shall not exceed one hundred fifty thousand dollars in any one
year and any amount in excess of one hundred fifty thousand dollars shall be
remitted to the general fund. Payments to nonprofit race meets under this
subsection shall be distributed on a pro rata per-race-day basis and used only
for purses at race tracks that have been operating under RCW 67.16.130 and
subsection (1) of this section for the five consecutive years immediately
preceding the year of payment.
(4)
In addition to those sums paid to the commission in subsection (2) of this
section, licensees who are nonprofit corporations and have race meets of thirty
days or more shall ((withhold and pay to the commission daily for each
authorized day of racing)) retain and dedicate: (a) An amount equal
to one and one-quarter percent of the daily gross receipts of all parimutuel
machines at each race meet to be used solely for the purpose of increasing
purses; and (b) an amount equal to one and one-quarter percent of the daily
gross receipts of all parimutuel machines at each race meet to be deposited in
an escrow or trust account and used solely for construction of a new
thoroughbred race track facility in western Washington. Said percentages
shall come from that amount the licensee is authorized to retain under RCW
67.16.170(2). ((The commission shall deposit these moneys in the Washington
thoroughbred racing fund created in RCW 67.16.250.
(5)
The additional one and one-quarter percent of the moneys allowed to be retained
by this section must be used for increased purses.)) The commission shall
adopt such rules as may be necessary to enforce this subsection. The
provisions of this subsection shall apply through June 1, 1995.
(5)
In the event the new racetrack is not constructed before January 1, 2001, all
funds including interest, remaining in the escrow or trust account established
in subsection (4) of this section, shall revert to the state general fund.
(6)
Effective ((January 1, 1994, the amount of daily gross receipts withheld and
paid to the commission, as set out in subsection (4) of this section, shall
revert to two and one-half percent of the daily gross receipts of all
parimutuel machines at each race meet)) June 1, 1995, licensees who are
nonprofit corporations and have race meets of thirty days or more shall
withhold and pay to the commission daily for each authorized day of racing an
amount equal to two and one-half percent of the daily gross receipts of all
parimutuel machines at each race meet. These percentages shall come from the
amount that the licensee is authorized to retain under RCW 67.16.170(2) and
shall be in addition to those sums paid to the commission in subsection (2) of
this section. The commission shall deposit these moneys in the Washington
thoroughbred racing fund created in RCW 67.16.250.
Sec.
3. RCW
67.16.250 and 1991 c 270 s 12 are each amended to read as follows:
The
Washington thoroughbred racing fund is created in the state treasury. Effective
June 1, 1995, all receipts derived under RCW 67.16.105(((4))) (6)
from licensees who are nonprofit corporations and whose race meets are thirty
days or more shall be deposited into the account. Moneys in the account may be
spent only after legislative appropriation. Expenditures from the account
shall be expended to benefit and support interim continuation of thoroughbred
racing, capital construction of a new race track facility, and programs
enhancing the general welfare, safety, and advancement of the Washington
thoroughbred racing industry.
NEW SECTION. Sec. 4. This act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately.
