BP BHEAD INT S

AN ACT Relating to thoroughbred race track gross receipts and licensing provisions; amending RCW 67.16.105 and 67.16.250; amending 1993 sp.s. c 22 s 162 (uncodified); 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 and to provide that one-half of moneys previously paid into the fund be directed to enhanced purses and one-half of moneys previously paid into the fund be dedicated to construction of a permanent thoroughbred racing 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 an amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet solely for the purpose of increasing purses. In addition to those sums paid to the commission in subsection (2) of this section, such licensees shall retain and deposit an amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet into an escrow or trust fund, the use of which is limited exclusively to 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.

(((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.))

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. ((~~All receipts derived under RCW 67.16.105(4) 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.

Sec. 4. 1993 sp.s. c 22 s 162 (uncodified) is amended to read as follows:

FOR THE WASHINGTON HORSE RACING COMMISSION

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation in this section is provided solely for the benefit and support of thoroughbred horse racing;

(2) ((No)) Expenditures from this appropriation ((~~may~~)) shall only be made to construct horse race or related facilities ((~~until~~)) after the commission has made a determination that the applicant has the ability to complete the construction of a facility and fund its operation and the applicant has completed all state and federal permitting requirements;

(3) The Washington horse racing commission shall insure that any expenditure from this appropriation will protect the state's long-term interest in the continuation and development of thoroughbred horse racing.

Appropriation:

Washington Thoroughbred

Racing Fund..................... $ 8,200,000

Prior Biennia (Expenditures)........ $ 0

Future Biennia (Projected Costs).... $ 0

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TOTAL...................... $ 8,200,000

NEW SECTION. Sec. 5. 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.