View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1363......................................................by STATE AFFAIRS
RACE TRACKS - Amends existing law to revise the classification of race
tracks to govern which tracks are eligible for licensure to conduct
simulcast racing; and to provide the distribution of proceeds based upon
the revised classification.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to St Aff
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 21-10-4
AYES--Andreason, Boatright, Cameron, Crow, Danielson, Darrington,
Deide, Dunklin, Ingram, King-Barrutia, McLaughlin, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Stegner, Wheeler, Whitworth, Williams
NAYS--Bunderson, Burtenshaw, Davis, Frasure, Geddes, Hawkins, Keough,
Lee, Parry, Thorne
Absent and excused--Branch, Ipsen, Sorensen, Stennett
Floor Sponsor - Sandy
Title apvd - to House
02/16 House intro - 1st rdg - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 59-2-9
AYES -- Alltus, Barraclough, Barrett, Black, Boe, Callister,
Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Tilman, Trail, Wood, Zimmermann
NAYS -- Judd, Stone
Absent and excused -- Bell, Bieter, Bruneel, Geddes, Gould, Reynolds,
Taylor, Wheeler, Mr Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/12 Governor signed
Session Law Chapter 245
Effective: 07/01/00
S1363
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1363
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO HORSE RACING; AMENDING SECTION 54-2512, IDAHO CODE, TO REVISE LIM-
3 ITATIONS GOVERNING WHEN SIMULCAST RACING IS PERMITTED; AND AMENDING SEC-
4 TION 54-2513, IDAHO CODE, TO REVISE THE CLASSIFICATION APPLIED TO DISTRI-
5 BUTION OF DEPOSITS AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 54-2512, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-2512. PARI-MUTUEL BETTING -- OTHER BETTING ILLEGAL. (1) Any licensee
10 conducting a race meet under this act may provide a place or places in the
11 race meet grounds or enclosure at which such licensee may conduct and super-
12 vise the use of the pari-mutuel system by patrons on the result of the races
13 conducted by such licensee at such race meet and, upon written application by
14 a licensee and approval by the commission, on the result of simulcast and/or
15 televised races. The commission shall issue no more than one (1) license to
16 simulcast per live race meet licensee and there shall be no more simulcasting
17 sites in the state than there are licensed live race meet sites.
18 (2) (a) Licenses authorizing simulcast and/or televised races will be
19 regulated by the commission, in addition to its other responsibilities,
20 for the purpose of enhancing, promoting, and protecting the live race
21 industry in the state of Idaho. No license authorizing simulcasting and/or
22 televised races shall be issued to or renewed for persons that are not
23 also licensed to conduct live race meets in the state of Idaho. Persons
24 applying for a simulcast and/or televised race license shall have annually
25 conducted live race meets in the state of Idaho during the preceding two
26 (2) calendar years, and have an agreement reached voluntarily or pursuant
27 to binding arbitration in conformance with chapter 9, title 7, Idaho Code,
28 with a horsemen's group as the term "horsemen's group" is defined in sec-
29 tion 54-2502, Idaho Code. The agreement shall address, but not be limited
30 to, number of live race days and percentage of the live race and simulcast
31 handle that is dedicated to the live horse race purse structure. Race days
32 agreed upon shall be submitted to the Idaho racing commission for its
33 approval.
34 (b) In addition to the restrictions recited in paragraph (a) of this sub-
35 section, live horse race licensees that have had an average daily live
36 race handle of more than sixty thousand dollars ($60,000) a total race
37 handle from both live races and simulcast races exceeding five million
38 dollars ($5,000,000) during the last calendar year in operation shall not
39 have a license authorizing simulcasting and/or televised races issued or
40 renewed if the licensee has not run in the calendar year immediately pre-
41 ceding the year for which the application for a license is being made for
42 at least ninety percent (90%) of the number of live races that were con-
43 ducted by that licensee in 1989.
2
1 (c) The commission may issue a license authorizing simulcast and/or tele-
2 vised races to a live horse race licensee only after that licensee has
3 conducted at that facility a minimum of forty (40) live horse races in
4 each of the two (2) calendar years preceding the application for such
5 license. The requirements of this paragraph are only applicable to live
6 horse race licensees who have received their initial live horse race
7 license after April 1, 1997.
8 (3) Such pari-mutuel system conducted at such race meet shall not under
9 any circumstances, if conducted under the provisions of this act and in con-
10 formity thereto and to the rules of the commission, be held or construed to be
11 unlawful, other statutes of this state to the contrary notwithstanding.
12 (4) The participation by a licensee in an interstate combined wagering
13 pool does not cause that licensee to be considered to be doing business in any
14 jurisdiction other than the jurisdiction in which the licensee is physically
15 located.
16 (5) Pari-mutuel taxes or commissions may not be imposed on any amounts
17 wagered in an interstate combined wagering pool other than amounts wagered
18 within this jurisdiction.
19 (6) It shall be unlawful to conduct pool selling, book making, or to cir-
20 culate handbooks, or to bet or wager on a race of any licensed race meet,
21 other than by the pari-mutuel system; and it shall further be unlawful know-
22 ingly to permit any minor to use the pari-mutuel system.
23 SECTION 2. That Section 54-2513, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-2513. HORSE RACING -- DISTRIBUTIONS OF DEPOSITS -- BREAKAGE. (A) Each
26 licensee conducting the pari-mutuel system for live and simulcast horse races
27 having an average daily handle in excess of one hundred thousand dollars
28 ($100,000) shall distribute all sums deposited in any pool as follows:
29 (1) Eighty-two per cent percent (82%) of any win, place or show pool to
30 the winner thereof, and eighteen per cent percent (18%) to the licensee;
31 (2) Seventy-seven and one-quarter per cent percent (77.25%) of all two
32 (2) horse exotic wagers including, but not limited to, daily doubles and
33 quinellas to the winner thereof, three-quarters of one per cent percent
34 (.75%) to the racing commission for deposit in the racing commission
35 account, and twenty-two per cent percent (22%) to the licensee;
36 (3) Seventy-five and one-quarter per cent percent (75.25%) of all three
37 (3) or more horse exotic wagers including, but not limited to, trifecta
38 and twin-trifecta to the winner thereof, three-quarters of one per cent
39 percent (.75%) to the racing commission for deposit in the racing commis-
40 sion account, and twenty-four per cent percent (24%) to the licensee.
41 (B) Each licensee conducting the pari-mutuel system for live and simul-
42 cast horse races having an average daily handle in excess of one hundred thou-
43 sand dollars ($100,000) shall retain the sums deposited in any pool as
44 required in subsection (A) of this section, for distribution and payment based
45 upon gross daily receipts as follows:
46 (1) One and one-quarter per cent percent (1.25%) of gross daily receipts,
47 separately stated, shall be paid to the Idaho state racing commission, for
48 deposit in the racing commission account, which is hereby created in the
49 state regulatory fund.
50 (2) One-half of one per cent percent (.50%) of gross daily receipts from
51 horse races, separately stated, shall be paid to the Idaho state racing
52 commission for deposit in the track distribution account, which is hereby
53 created in the pari-mutuel distribution fund, for further distribution to
3
1 certain Idaho horse race tracks, defined as follows:
2 a. Recipient horse racing tracks shall be those which, during the
3 race meet year of distribution, have an average daily handle of less
4 than sixty thousand dollars ($60,000) a total race handle from both
5 live races and simulcast races of less than five million dollars
6 ($5,000,000);
7 b. Distributions to recipient horse racing tracks shall be weighted
8 proportionately on the number of days raced during the year of dis-
9 tribution.
10 All moneys in the track distribution account are hereby continuously
11 appropriated to the commission for payment as required by this section.
12 Payments to horse racing tracks shall be made annually but not later than
13 December 15.
14 (3) One-half of one per cent percent (.50%) of gross daily receipts from
15 horse races, separately stated shall be paid by the licensee to the com-
16 mission for deposit in the breed distribution account, which is hereby
17 created in the pari-mutuel distribution fund, for payment by the commis-
18 sion in proportion to the handle generated by each horse breed, to law-
19 fully constituted representatives of each horse breed, to benefit owners
20 and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses,
21 racing Appaloosas, racing paints and racing Arabians, subject to the
22 approval of the commission. Moneys in the breed distribution account on
23 December 31 of each year which have not been distributed by the commission
24 shall be paid to the public school income fund.
25 All moneys in the breed distribution account are hereby continuously
26 appropriated to the commission for payment as required by this section.
27 Payments to representatives shall be made quarterly.
28 (4) From the balance of gross daily receipts remaining with the licensee
29 after the distributions required in subsection (B)(1), (2), and (3) of
30 this section from horse races, the following amounts shall be paid or
31 retained:
32 a. From the first $20,000 of gross daily receipts, the licensee
33 shall retain the entire amount;
34 b. From the next $10,000 of gross daily receipts (gross daily
35 receipts between $20,000 and $30,000), the public school income fund
36 and the equine education account shall each receive one-eighth of one
37 per cent percent (.125%), and the licensee shall retain the balance;
38 c. From the next $10,000 of gross daily receipts (gross daily
39 receipts between $30,000 and $40,000), the public school income fund
40 and the equine education account shall each receive sixty-two and
41 one-half hundredths per cent percent (.625%), and the licensee shall
42 retain the balance;
43 d. From all amounts of over $40,000 of gross daily receipts, the
44 public school income fund and the equine education account shall each
45 receive one and one-eighth per cent percent (1.125%), and the licen-
46 see shall retain the balance.
47 The public schools' and the equine education account's share shall be
48 paid by the licensee to the racing commission for deposit in the public
49 school income fund or the equine education account as appropriate. The
50 licensee's percentage shall be retained by the licensee.
51 (C) Each licensee conducting the pari-mutuel system for live and simul-
52 cast horse races having an average daily handle of one hundred thousand dol-
53 lars ($100,000) or less shall distribute all sums deposited in any pool as
54 follows:
55 (1) Seventy-seven per cent percent (77%) of any win, place or show pool
4
1 to the winner thereof, and twenty-three per cent percent (23%) to the
2 licensee;
3 (2) Seventy-six and one-quarter per cent percent (76.25%) of all other
4 pools to the winner thereof, three-quarters of one per cent percent (.75%)
5 to the racing commission for deposit in the racing account, and
6 twenty-three per cent percent (23%) to the licensee.
7 (D) Each licensee conducting the pari-mutuel system for live and simul-
8 cast horse races shall retain twenty-three per cent percent (23%) of all sums
9 deposited in any pool, for distribution and payment based upon gross daily
10 receipts as follows:
11 (1) One and one-quarter per cent percent (1.25%) of gross daily receipts,
12 separately stated, shall be paid to the Idaho state racing commission, for
13 deposit in the racing commission account.
14 (2) One-half of one per cent percent (.50%) of gross daily receipts from
15 horse races, separately stated, shall be paid to the Idaho state racing
16 commission for deposit in the track distribution account, for further dis-
17 tribution to certain Idaho horse race tracks, defined as follows:
18 a. Recipient horse racing tracks shall be those which, during the
19 race meet year of distribution, have an average daily handle of less
20 than sixty thousand dollars ($60,000) a total race handle from both
21 live races and simulcast races of less than five million dollars
22 ($5,000,000);
23 b. Distributions to recipient horse racing tracks shall be weighted
24 proportionately on the number of days raced during the year of dis-
25 tribution.
26 All moneys in the track distribution account are hereby continuously
27 appropriated to the commission for payment as required by this section.
28 Payments to horse racing tracks shall be made annually but not later than
29 December 15.
30 (3) One-half of one per cent percent (.50%) of gross daily receipts from
31 horse races, separately stated shall be paid by the licensee to the com-
32 mission for deposit in the breed distribution account, for payment by the
33 commission in proportion to the handle generated by each horse breed, to
34 lawfully constituted representatives of each horse breed, to benefit
35 owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter
36 horses, racing Appaloosas, racing paints and racing Arabians, subject to
37 the approval of the commission. Moneys in the breed distribution account
38 on December 31 of each year which have not been distributed by the commis-
39 sion shall be paid to the public school income fund. All moneys in the
40 breed distribution account are hereby continuously appropriated to the
41 commission for payment as required by this section. Payments to represen-
42 tatives shall be made quarterly.
43 (4) Twenty and three-quarters per cent percent (20.75%) of gross daily
44 receipts from horse races shall be paid or retained as follows:
45 a. From the first $20,000 of gross daily receipts, the licensee
46 shall retain twenty and three-quarters per cent percent (20.75%);
47 b. From the next $10,000 of gross daily receipts (gross daily
48 receipts between $20,000 and $30,000), the public school income fund
49 and the equine education account shall each receive one-eighth of one
50 per cent percent (.125%), and the licensee shall retain twenty and
51 one-half per cent percent (20.50%);
52 c. From the next $10,000 of gross daily receipts (gross daily
53 receipts between $30,000 and $40,000), the public school income fund
54 and the equine education account shall each receive sixty-two and
55 one-half hundredths per cent percent (.625%), and the licensee shall
5
1 retain nineteen and one-half per cent percent (19.50%);
2 d. From all amounts of over $40,000 of gross daily receipts, the
3 public school income fund and the equine education account shall each
4 receive one and one-eighth per cent percent (1.125%), and the licen-
5 see shall retain eighteen and one-half per cent percent (18.50%).
6 The public schools' share and the equine education account's share shall
7 be paid by the licensee to the racing commission for deposit in the public
8 school income fund or the equine education account as appropriate. The
9 licensee's percentage shall be retained by the licensee.
10 (E) Each licensee may retain the odd cents of all redistribution to be
11 based on each dollar deposited exceeding a sum equal to the next lowest multi-
12 ple of ten (10), known as breakage, and the total amount of unclaimed tickets
13 at the termination of the time allowed by rule of the commission.
14 (F) If the fiscal year-end balance in the racing commission account
15 exceeds $400,000, the excess shall be transferred by the office of the state
16 controller to the pari-mutuel distribution fund, which is hereby created, for
17 further distribution as follows:
18 (1) Sixty per cent percent (60%) shall be deposited in the Idaho horse
19 owner/breeder award account, which is hereby created in the pari-mutuel
20 distribution fund, and shall be distributed by the racing commission annu-
21 ally, but not later than December 15 of each year as follows:
22 a. Fifty per cent percent (50%) to the breeders of Idaho bred win-
23 ners based on the number of live races by each breed for the current
24 calendar year; and
25 b. Fifty per cent percent (50%) in equal amounts to owners of Idaho
26 bred horse race winners.
27 c. All moneys in the Idaho owner/breeder award account are hereby
28 continuously appropriated to the commission for payment as required
29 in this section.
30 (2) Forty per cent percent (40%) shall be deposited in the track purse
31 enhancement account, which is hereby created, and paid to all Idaho
32 licensed horse racetracks for the purpose of purse enhancement based on
33 the number of live race dates held the preceding calendar year. Track
34 purse enhancement moneys shall be disbursed no later than thirty (30) days
35 after Idaho state racing commission approval of live race meet license
36 applications for the forthcoming calendar year. All moneys in the track
37 purse enhancement account are hereby continuously appropriated to the com-
38 mission for payment as required by this section.
STATEMENT OF PURPOSE
RS 09767
The purpose of this proposed legislation is to change the amount of handle (monies wagered) a
live race track licensee must have had wagered at their facility, in any one year, in order to
participate in the small track fund. The proposed legislation also uses this new handle definition
as the benchmark for tracks with a handle exceeding five million dollars annually to also be
required to run at least 90% of the number of live races that were conducted by that licensee in
1989.
FISCAL IMPACT
No fiscal impact.
Contact: Idaho Horse Racing Alliance
Tim Elison, Chairman
365-1520
Stan Boyd
344-2271
STATEMENT OF PURPOSE/FISCAL NOTE S 1363