1998 Legislation
Print Friendly

HOUSE BILL NO. 491 – Horse racing, simulcast, license

HOUSE BILL NO. 491

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


H0491


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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        conducted  at that facility  a 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 / Fiscal Impact


    





                            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