2005 Legislation
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HOUSE BILL NO. 84 – Horse racing, Appendix horses

HOUSE BILL NO. 84

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Bill Status



H0084......................................................by STATE AFFAIRS
HORSE RACING - Amends existing law relating to horse racing to provide for
distribution of certain gross daily receipts to owners and breeders of
racing Appendix horses.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to St Aff
02/11    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass,
      Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Harwood, Sali, Mr. Speaker
    Floor Sponsor - Barrett
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 84
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HORSE RACING; AMENDING SECTION 54-2513, IDAHO CODE, TO PROVIDE FOR
  3        DISTRIBUTION OF CERTAIN GROSS DAILY RECEIPTS TO  OWNERS  AND  BREEDERS  OF
  4        RACING APPENDIX HORSES; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 54-2513, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        54-2513.  HORSE RACING -- DISTRIBUTIONS OF DEPOSITS -- BREAKAGE. (A)  Each
  9    licensee  conducting the pari-mutuel system for live and simulcast horse races
 10    having an average daily handle in  excess  of  one  hundred  thousand  dollars
 11    ($100,000) shall distribute all sums deposited in any pool as follows:
 12        (1)  Eighty-two percent (82%) of any win, place or show pool to the winner
 13        thereof, and eighteen percent (18%) to the licensee;
 14        (2)  Seventy-seven  and  one-quarter percent (77.25%) of all two (2) horse
 15        exotic wagers including, but not limited to, daily doubles  and  quinellas
 16        to  the winner thereof, three-quarters of one percent (.75%) to the racing
 17        commission for deposit in the racing commission  account,  and  twenty-two
 18        percent (22%) to the licensee;
 19        (3)  Seventy-five  and  one-quarter  percent  (75.25%) of all three (3) or
 20        more horse exotic wagers including, but not limited to, trifecta and twin-
 21        trifecta to the winner thereof, three-quarters of one  percent  (.75%)  to
 22        the  racing  commission  for deposit in the racing commission account, and
 23        twenty-four percent (24%) to the licensee.
 24        (B)  Each licensee conducting the pari-mutuel system for live  and  simul-
 25    cast horse races having an average daily handle in excess of one hundred thou-
 26    sand  dollars  ($100,000)  shall  retain  the  sums  deposited  in any pool as
 27    required in subsection (A) of this section, for distribution and payment based
 28    upon gross daily receipts as follows:
 29        (1)  One and one-quarter percent (1.25%) of gross  daily  receipts,  sepa-
 30        rately  stated,  shall  be  paid to the Idaho state racing commission, for
 31        deposit in the racing commission account, which is hereby created  in  the
 32        state regulatory fund.
 33        (2)  One-half  of  one  percent  (.50%) of gross daily receipts from horse
 34        races, separately stated, shall be paid to the Idaho state racing  commis-
 35        sion  for  deposit in the track distribution account, which is hereby cre-
 36        ated in the pari-mutuel distribution fund,  for  further  distribution  to
 37        certain Idaho horse race tracks, defined as follows:
 38             a.  Recipient  horse  racing  tracks shall be those which, during the
 39             race meet year of distribution, have a total race  handle  from  both
 40             live  races  and  simulcast  races  of less than five million dollars
 41             ($5,000,000);
 42             b.  Distributions to recipient horse racing tracks shall be  weighted
 43             proportionately  on  the number of days raced during the year of dis-
                                                                        
                                           2
                                                                        
  1             tribution.
  2             All moneys in the track distribution account are hereby  continuously
  3        appropriated  to  the  commission for payment as required by this section.
  4        Payments to horse racing tracks shall be made annually but not later  than
  5        December 15.
  6        (3)  One-half  of  one  percent  (.50%) of gross daily receipts from horse
  7        races,  separately stated shall be paid by the licensee to the  commission
  8        for deposit in the breed distribution account, which is hereby created  in
  9        the  pari-mutuel  distribution fund, for payment by the commission in pro-
 10        portion to the handle generated by each horse breed, to  lawfully  consti-
 11        tuted representatives of each horse breed, to benefit owners and/or breed-
 12        ers  of  Idaho  bred  racing  thoroughbreds, racing quarter horses, racing
 13        Appaloosas, racing paints, racing Appendix  horses  and  racing  Arabians,
 14        subject  to  the approval of the commission. Moneys in the breed distribu-
 15        tion account on December 31 of each year which have not  been  distributed
 16        by the commission shall be paid to the public school income fund.
 17             All  moneys in the breed distribution account are hereby continuously
 18        appropriated to the commission for payment as required  by  this  section.
 19        Payments to representatives shall be made quarterly.
 20        (4)  From  the balance of gross daily receipts remaining with the licensee
 21        after the distributions required in subsection (B)(1), (2) and (3) of this
 22        section from horse races, the following amounts shall be paid or retained:
 23             a.  From the first $20,000 of  gross  daily  receipts,  the  licensee
 24             shall retain the entire amount;
 25             b.  From  the  next  $10,000  of  gross  daily  receipts (gross daily
 26             receipts between $20,000 and $30,000), the public school income  fund
 27             and the equine education account shall each receive one-eighth of one
 28             percent (.125%), and the licensee shall retain the balance;
 29             c.  From  the  next  $10,000  of  gross  daily  receipts (gross daily
 30             receipts between $30,000 and $40,000), the public school income  fund
 31             and  the  equine  education  account shall each receive sixty-two and
 32             one-half hundredths percent (.625%), and the  licensee  shall  retain
 33             the balance;
 34             d.  From  all  amounts  of  over $40,000 of gross daily receipts, the
 35             public school income fund and the equine education account shall each
 36             receive one and one-eighth percent (1.125%), and the  licensee  shall
 37             retain the balance.
 38             The public schools' and the equine education account's share shall be
 39        paid  by  the  licensee to the racing commission for deposit in the public
 40        school income fund or the equine education  account  as  appropriate.  The
 41        licensee's percentage shall be retained by the licensee.
 42        (C)  Each  licensee  conducting the pari-mutuel system for live and simul-
 43    cast horse races having an average daily handle of one hundred  thousand  dol-
 44    lars  ($100,000)  or  less  shall distribute all sums deposited in any pool as
 45    follows:
 46        (1)  Seventy-seven percent (77%) of any win, place or  show  pool  to  the
 47        winner thereof, and twenty-three percent (23%) to the licensee;
 48        (2)  Seventy-six  and  one-quarter  percent (76.25%) of all other pools to
 49        the winner thereof, three-quarters of one percent  (.75%)  to  the  racing
 50        commission  for  deposit  in  the racing account, and twenty-three percent
 51        (23%) to the licensee.
 52        (D)  Each licensee conducting the pari-mutuel system for live  and  simul-
 53    cast horse races shall retain twenty-three percent (23%) of all sums deposited
 54    in  any  pool, for distribution and payment based upon gross daily receipts as
 55    follows:
                                                                        
                                           3
                                                                        
  1        (1)  One and one-quarter percent (1.25%) of gross  daily  receipts,  sepa-
  2        rately  stated,  shall  be  paid to the Idaho state racing commission, for
  3        deposit in the racing commission account.
  4        (2)  One-half of one percent (.50%) of gross  daily  receipts  from  horse
  5        races,  separately stated, shall be paid to the Idaho state racing commis-
  6        sion  for deposit in the track distribution account, for further distribu-
  7        tion to certain Idaho  horse race tracks, defined as follows:
  8             a.  Recipient horse racing tracks shall be those  which,  during  the
  9             race  meet  year  of distribution, have a total race handle from both
 10             live races and simulcast races of  less  than  five  million  dollars
 11             ($5,000,000);
 12             b.  Distributions  to recipient horse racing tracks shall be weighted
 13             proportionately on the number of days raced during the year  of  dis-
 14             tribution.
 15             All  moneys in the track distribution account are hereby continuously
 16        appropriated to the commission for payment as required  by  this  section.
 17        Payments  to horse racing tracks shall be made annually but not later than
 18        December 15.
 19        (3)  One-half of one percent (.50%) of gross  daily  receipts  from  horse
 20        races,  separately  stated shall be paid by the licensee to the commission
 21        for deposit in the breed distribution account, for payment by the  commis-
 22        sion  in  proportion  to the handle generated by each horse breed, to law-
 23        fully constituted representatives of each horse breed, to  benefit  owners
 24        and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses,
 25        racing  Appaloosas,  racing  paints,  racing  Appendix  horses  and racing
 26        Arabians, subject to the approval of the commission. Moneys in  the  breed
 27        distribution  account on December 31 of each year which have not been dis-
 28        tributed by the commission shall be paid to the public school income fund.
 29             All moneys in the breed distribution account are hereby  continuously
 30        appropriated  to  the  commission for payment as required by this section.
 31        Payments to representatives shall be made quarterly.
 32        (4)  Twenty and three-quarters percent (20.75%) of  gross  daily  receipts
 33        from horse races shall be paid or retained as follows:
 34             a.  From  the  first  $20,000  of  gross daily receipts, the licensee
 35             shall retain twenty and three-quarters percent (20.75%);
 36             b.  From the next  $10,000  of  gross  daily  receipts  (gross  daily
 37             receipts  between $20,000 and $30,000), the public school income fund
 38             and the equine education account shall each receive one-eighth of one
 39             percent (.125%), and the licensee shall retain  twenty  and  one-half
 40             percent (20.50%);
 41             c.  From  the  next  $10,000  of  gross  daily  receipts (gross daily
 42             receipts between $30,000 and $40,000), the public school income  fund
 43             and  the  equine  education  account shall each receive sixty-two and
 44             one-half hundredths percent (.625%), and the  licensee  shall  retain
 45             nineteen and one-half percent (19.50%);
 46             d.  From  all  amounts  of  over $40,000 of gross daily receipts, the
 47             public school income fund and the equine education account shall each
 48             receive one and one-eighth percent (1.125%), and the  licensee  shall
 49             retain eighteen and one-half percent (18.50%).
 50             The  public  schools'  share and the equine education account's share
 51        shall be paid by the licensee to the racing commission for deposit in  the
 52        public  school income fund or the equine education account as appropriate.
 53        The licensee's percentage shall be retained by the licensee.
 54        (E)  Each licensee may retain the odd cents of all  redistribution  to  be
 55    based on each dollar deposited exceeding a sum equal to the next lowest multi-
                                                                        
                                           4
                                                                        
  1    ple  of ten (10), known as breakage, and the total amount of unclaimed tickets
  2    at the termination of the time allowed by rule of the commission.
  3        (F)  If the fiscal year-end  balance  in  the  racing  commission  account
  4    exceeds  $400,000,  the excess shall be transferred by the office of the state
  5    controller to the pari-mutuel distribution fund, which is hereby created,  for
  6    further distribution as follows:
  7        (1)  Sixty   percent   (60%)   shall  be  deposited  in  the  Idaho  horse
  8        owner/breeder award account, which is hereby created  in  the  pari-mutuel
  9        distribution fund, and shall be distributed by the racing commission annu-
 10        ally, but not later than December 15 of each year as follows:
 11             a.  Fifty  percent  (50%) to the breeders of Idaho bred winners based
 12             on the number of live races by each breed for  the  current  calendar
 13             year; and
 14             b.  Fifty  percent  (50%)  in  equal  amounts to owners of Idaho bred
 15             horse race winners.
 16             c.  All moneys in the Idaho owner/breeder award  account  are  hereby
 17             continuously  appropriated  to the commission for payment as required
 18             in this section.
 19        (2)  Forty percent (40%) shall be deposited in the track purse enhancement
 20        account, which is hereby created, and paid to  all  Idaho  licensed  horse
 21        racetracks  for  the  purpose  of purse enhancement based on the number of
 22        live race dates held the preceding calendar year. Track purse  enhancement
 23        moneys shall be disbursed no later than thirty (30) days after Idaho state
 24        racing  commission approval of live race meet license applications for the
 25        forthcoming calendar year.  All moneys  in  the  track  purse  enhancement
 26        account are hereby continuously appropriated to the commission for payment
 27        as required by this section.
                                                                        
 28        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 29    declared to exist, this act shall be in full force and effect on and after its
 30    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14524

Relating to horse racing; Amending Section 54-2513, Idaho Code, to
provide for distribution of certain daily receipts to owners and
breeders of Racing Appendix Horses.


                           FISCAL NOTE

There is no fiscal impact on general or dedicated funds.



Contact
Name:     Kathy Hatch
          President
          American Appendix Horse Assoc.
  
Phone:    208-756-1394
          Rep Lenore Hardy Barrett
          332-1000                                     



STATEMENT OF PURPOSE/FISCAL NOTE                      H 84