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H0491......................................................by STATE AFFAIRS HORSE RACING - Amends existing law to provide that requirements of the Racing Commission regarding the issuance of licenses to conduct simulcast or televised horse races are applicable only to live horse race licensees who have received their initial live horse race license after April 1, 1997, but through their application for an initial simulcast license, clearly indicate that the simulcasting or televised racing will take place only at a race track that has existed in the state of Idaho prior to April 1, 1997. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to St Aff
H0491|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 491 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HORSE RACING; AMENDING SECTION 54-2512, IDAHO CODE, TO PROVIDE 3 THAT REQUIREMENTS OF THE RACING COMMISSION REGARDING ISSUING OF LICENSES 4 TO CONDUCT SIMULCAST OR TELEVISED HORSE RACES ARE APPLICABLE ONLY TO LIVE 5 HORSE RACE LICENSEES WHO HAVE RECEIVED THEIR INITIAL LIVE HORSE RACE 6 LICENSE AFTER APRIL 1, 1997, BUT, THROUGH THEIR APPLICATION FOR AN INITIAL 7 SIMULCAST LICENSE, CLEARLY INDICATE THAT THE SIMULCASTING OR TELEVISED 8 RACING WILL TAKE PLACE ONLY AT A RACE TRACK THAT HAS EXISTED IN THE STATE 9 OF IDAHO PRIOR TO APRIL 1, 1997. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 54-2512, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-2512. PARI-MUTUEL BETTING -- OTHER BETTING ILLEGAL. (1) Any licensee 14 conducting a race meet under this act may provide a place or places in the 15 race meet grounds or enclosure at which such licensee may conduct and super- 16 vise the use of the pari-mutuel system by patrons on the result of the races 17 conducted by such licensee at such race meet and, upon written application by 18 a licensee and approval by the commission, on the result of simulcast and/or 19 televised races. The commission shall issue no more than one (1) license to 20 simulcast per live race meet licensee and there shall be no more simulcasting 21 sites in the state than there are licensed live race meet sites. 22 (2) (a) Licenses authorizing simulcast and/or televised races will be 23 regulated by the commission, in addition to its other responsibilities, 24 for the purpose of enhancing, promoting, and protecting the live race 25 industry in the state of Idaho. No license authorizing simulcasting and/or 26 televised races shall be issued to or renewed for persons that are not 27 also licensed to conduct live race meets in the state of Idaho. Persons 28 applying for a simulcast and/or televised race license shall have annually 29 conducted live race meets in the state of Idaho during the preceding two 30 (2) calendar years, and have an agreement reached voluntarily or pursuant 31 to binding arbitration in conformance with chapter 9, title 7, Idaho Code, 32 with a horsemen's group as the term "horsemen's group" is defined in sec- 33 tion 54-2502, Idaho Code. The agreement shall address, but not be limited 34 to, number of live race days and percentage of the live race and simulcast 35 handle that is dedicated to the live horse race purse structure. Race days 36 agreed upon shall be submitted to the Idaho racing commission for its 37 approval. 38 (b) In addition to the restrictions recited in paragraph (a) of this sub- 39 section, live horse race licensees that have had an average daily live 40 race handle of more than sixty thousand dollars ($60,000) during the last 41 calendar year in operation shall not have a license authorizing 42 simulcasting and/or televised races issued or renewed if the licensee has 43 not run in the calendar year immediately preceding the year for which the 2 1 application for a license is being made for at least ninety percent (90%) 2 of the number of live races that were conducted by that licensee in 1989. 3 (c) The commission may issue a license authorizing simulcast and/or tele- 4 vised races to a live horse race licensee only after that licensee has 5 conductedat that facilitya minimum of forty (40) live horse 6 races in each of the two (2) calendar years preceding the application for 7 such license. The requirements of this paragraph are only applicable to 8 live horse race licensees who have received their initial live horse race 9 license after April 1, 1997. Additionally, the requirements of this 10 paragraph are applicable only to live horse race licensees who have 11 received their initial live horse race license after April 1, 1997, but, 12 through their application for an initial simulcast license, clearly indi- 13 cate that the simulcasting or televised racing will take place only at a 14 race track that was in existence in the state of Idaho prior to April 1, 15 1997. 16 (3) Such pari-mutuel system conducted at such race meet shall not under 17 any circumstances, if conducted under the provisions of this act and in con- 18 formity thereto and to the rules of the commission, be held or construed to be 19 unlawful, other statutes of this state to the contrary notwithstanding. 20 (4) The participation by a licensee in an interstate combined wagering 21 pool does not cause that licensee to be considered to be doing business in any 22 jurisdiction other than the jurisdiction in which the licensee is physically 23 located. 24 (5) Pari-mutuel taxes or commissions may not be imposed on any amounts 25 wagered in an interstate combined wagering pool other than amounts wagered 26 within this jurisdiction. 27 (6) It shall be unlawful to conduct pool selling, book making, or to cir- 28 culate handbooks, or to bet or wager on a race of any licensed race meet, 29 other than by the pari-mutuel system; and it shall further be unlawful know- 30 ingly to permit any minor to use the pari-mutuel system.
STATEMENT OF PURPOSE RS07497 Amendment to Idaho Code Sectlon 54-2512 et. seq. for the purpose or enhancing, promoting, and protecting the live race industry in the State of Idaho. The amendment to the subject section will ensure that new live race and new simulcast licensees, who will be running live race meets and simulcasting at racing facilities already in existence will be able to conduct both live racing and simulcasting immediately upon receipt of their licenses without being encumbered by a two year restriction which presently exists by the unamended ยง54-2512. FISCAL IMPACT None. CONTACT Name: Eugene Baker Agency: Idaho Racing Commission Phone: 884-7080 Statement of Purpose/Fiscal Impact H 491