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H0492......................................................by STATE AFFAIRS
HORSE RACING - Amends existing law to provide for appropriation, deposit
and distribution of moneys derived from horse racing.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to St Aff
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 61-5-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Reynolds, Richman, Ridinger, Robison,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- Geddes, Loertscher, Sali, Taylor, Tippets
Absent and excused -- Kellogg, Pomeroy, Trail, Wood
Floor Sponsor - Deal
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to St Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Twiggs
Floor Sponsor - Darrington
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 127
Effective: 07/01/98
H0492|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 492 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HORSE RACING; AMENDING SECTION 54-2513, IDAHO CODE, TO PROVIDE FOR 3 APPROPRIATION, DEPOSIT AND DISTRIBUTION OF MONEYS DERIVED FROM HORSE 4 RACING. 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 per cent (82%) of any win, place or show pool to the win- 13 ner thereof, and eighteen per cent (18%) to the licensee; 14 (2) Seventy-seven and one-quarter per cent (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 per cent (.75%) to the racing 17 commission for deposit in the racing commission account, and twenty-two 18 per cent (22%) to the licensee; 19 (3) Seventy-five and one-quarter per cent (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 per cent (.75%) to 22 the racing commission for deposit in the racing commission account, and 23 twenty-four per cent (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 per cent (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 32dedicatedstate regulatory fund. 33 (2) One-half of one per cent (.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 thededicatedpari-mutuel distribution 37 fund, for further distribution to certain Idaho horse race tracks, defined 38 as follows: 39 a. Recipient horse racing tracks shall be those which, during the 40 race meet year of distribution, have an average daily handle of less 41 than sixty thousand dollars ($60,000); 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 contin- 3 uously appropriated to the commission for payment as required by 4 this section. Payments to horse racing tracks shall be made annually but 5 not later than December 15. 6 (3) One-half of one per cent (.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 thededicatedpari-mutuel distribution fund, 10 for payment by the commission in proportion to the handle generated by 11 each horse breed, to lawfully constituted representatives of each horse 12 breed, to benefit owners and/or breeders of Idaho bred racing 13 thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and 14 racing Arabians, subject to the approval of the commission. Moneys in the 15 breed distribution account on December 31 of each year which have not been 16 distributed by the commission shall be paid to the public school income 17 fund. 18 All moneys in the breed distribution account are hereby contin- 19 uously appropriated to the commission for payment as required by 20 this section. Payments to representatives shall be made quarterly. 21 (4) From the balance of gross daily receipts remaining with the licensee 22 after the distributions required in subsection (B)(1), (2), and (3) of 23 this section from horse races, the following amounts shall be paid or 24 retained: 25 a. From the first $20,000 of gross daily receipts, the licensee 26 shall retain the entire amount; 27 b. From the next $10,000 of gross daily receipts (gross daily 28 receipts between $20,000 and $30,000), the public school income fund 29 and the equine education account shall each receive one-eighth of one 30 per cent (.125%), and the licensee shall retain the balance; 31 c. From the next $10,000 of gross daily receipts (gross daily 32 receipts between $30,000 and $40,000), the public school income fund 33 and the equine education account shall each receive sixty-two and 34 one-half hundredths per cent (.625%), and the licensee shall retain 35 the balance; 36 d. From all amounts of over $40,000 of gross daily receipts, the 37 public school income fund and the equine education account shall each 38 receive one and one-eighth per cent (1.125%), and the licensee shall 39 retain the balance. 40 The public schools' and the equine education account's share shall be 41 paid by the licensee to the racing commission for deposit in the public 42 school income fund or the equine education account as appropriate. The 43 licensee's percentage shall be retained by the licensee. 44 (C) Each licensee conducting the pari-mutuel system for live and simul- 45 cast horse races having an average daily handle of one hundred thousand dol- 46 lars ($100,000) or less shall distribute all sums deposited in any pool as 47 follows: 48 (1) Seventy-seven per cent (77%) of any win, place or show pool to the 49 winner thereof, and twenty-three per cent (23%) to the licensee; 50 (2) Seventy-six and one-quarter per cent (76.25%) of all other pools to 51 the winner thereof, three-quarters of one per cent (.75%) to the racing 52 commission for deposit in the racing account, and twenty-three per cent 53 (23%) to the licensee. 54 (D) Each licensee conducting the pari-mutuel system for live and simul- 55 cast horse races shall retain twenty-three per cent (23%) of all sums depos- 3 1 ited in any pool, for distribution and payment based upon gross daily receipts 2 as follows: 3 (1) One and one-quarter per cent (1.25%) of gross daily receipts, sepa- 4 rately stated, shall be paid to the Idaho state racing commission, for 5 deposit in the racing commission account. 6 (2) One-half of one per cent (.50%) of gross daily receipts from horse 7 races, separately stated, shall be paid to the Idaho state racing commis- 8 sion for deposit in the track distribution account, for further distribu- 9 tion to certain Idaho horse race tracks, defined as follows: 10 a. Recipient horse racing tracks shall be those which, during the 11 race meet year of distribution, have an average daily handle of less 12 than sixty thousand dollars ($60,000); 13 b. Distributions to recipient horse racing tracks shall be weighted 14 proportionately on the number of days raced during the year of dis- 15 tribution. 16 All moneys in the track distribution account are hereby contin- 17 uously appropriated to the commission for payment as required by 18 this section. Payments to horse racing tracks shall be made annually but 19 not later than December 15. 20 (3) One-half of one per cent (.50%) of gross daily receipts from horse 21 races, separately stated shall be paid by the licensee to the commission 22 for deposit in the breed distribution account, for payment by the commis- 23 sion in proportion to the handle generated by each horse breed, to law- 24 fully constituted representatives of each horse breed, to benefit owners 25 and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses, 26 racing Appaloosas, racing paints and racing Arabians, subject to the 27 approval of the commission. Moneys in the breed distribution account on 28 December 31 of each year which have not been distributed by the commission 29 shall be paid to the public school income fund. All moneys in the breed 30 distribution account are hereby continuously appropriated to 31 the commission for payment as required by this section. Payments to repre- 32 sentatives shall be made quarterly. 33 (4) Twenty and three-quarters per cent (20.75%) of gross daily receipts 34 from horse races shall be paid or retained as follows: 35 a. From the first $20,000 of gross daily receipts, the licensee 36 shall retain twenty and three-quarters per cent (20.75%); 37 b. From the next $10,000 of gross daily receipts (gross daily 38 receipts between $20,000 and $30,000), the public school income fund 39 and the equine education account shall each receive one-eighth of one 40 per cent (.125%), and the licensee shall retain twenty and one-half 41 per cent (20.50%); 42 c. From the next $10,000 of gross daily receipts (gross daily 43 receipts between $30,000 and $40,000), the public school income fund 44 and the equine education account shall each receive sixty-two and 45 one-half hundredths per cent (.625%), and the licensee shall retain 46 nineteen and one-half per cent (19.50%); 47 d. From all amounts of over $40,000 of gross daily receipts, the 48 public school income fund and the equine education account shall each 49 receive one and one-eighth per cent (1.125%), and the licensee shall 50 retain eighteen and one-half per cent (18.50%). 51 The public schools' share and the equine education account's share shall 52 be paid by the licensee to the racing commission for deposit in the public 53 school income fund or the equine education account as appropriate. The 54 licensee's percentage shall be retained by the licensee. 55 (E) Each licensee may retain the odd cents of all redistribution to be 4 1 based on each dollar deposited exceeding a sum equal to the next lowest multi- 2 ple of ten (10), known as breakage, and the total amount of unclaimed tickets 3 at the termination of the time allowed by rule of the commission. 4 (F) If the fiscal year-end balance in the racing commissionfree5fundaccount exceeds $400,000, the excess shall be6distributedtransferred by the office of the state controller to 7 the pari-mutuel distribution fund, which is hereby created, for further dis- 8 tribution as follows: 9 (1) Sixty per cent (60%) shall bepaid for owner-breeder awards10deposited in the Idaho horse owner/breeder award account, 11 which is hereby created in the pari-mutuel distribution fund, and shall be 12 distributed by the racing commission annually, but not later than December 13 15 of each year as follows : 14 a. Fifty per cent (50%)of this amount shall be deposited in15the Idaho horse breeders' and owners' award account and shall be dis-16tributed by the racing commission annually, but not later than Decem-17ber 15 of each year,to the breeders of Idaho bred winners 18 based on the number of live races by each breed for the current cal- 19 endar year; and 20 b. Fifty per cent (50%)of all moneys deposited in the Idaho21horse breeders' and owners' award account shall be distributed by the22racing commission annually, but not later than December 15 of each23year,in equal amounts to owners of Idaho bred horse race win- 24 ners. 25 c. All moneys in the Idaho owner/breeder award account are 26 hereby continuously appropriated to the commission for payment as 27 required in this section. 28 (2) Forty per cent (40%) shall be deposited in the track purse 29 enhancement account, which is hereby created, and paid to all Idaho 30 licensed horse racetracks for the purpose of purse enhancement.31Purse enhancement funds shall be disbursedbased on the number of 32 live race dates held the preceding calendar year. Track purse 33 enhancement moneys shall be disbursed no later than thirty (30) days after 34 Idaho state racing commission approval of live race meet license applica- 35 tions for the forthcoming calendar year. All moneys in the track purse 36 enhancement account are hereby continuously appropriated to the commission 37 for payment as required by this section.
STATEMENT OF PURPOSE
RS07413 3
Amendment to Idaho Code Section 54-2513 for the purpose of including appropriation
language in all sections of this code. Establish the Idaho Owner/Breeder Awards account in
the pari-mutuel distribution fund and consolidate repetitive language in sections "a" & "b"
under (F)1, to make this portion of the section clearer. Establish the Track Purse
Enhancement account in the pari-mutuel distribution fund and establish a date for
disbursement.
FISCAL IMPACT
This proposed amendment requires no additional funding by the state of Idaho.
CONTACT
Name: Eugene Baker
Agency: Idaho Racing Commission
Phone: 884-7080
Statement of Purpose/Fiscal Impact
H 492