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H0731......................................................by STATE AFFAIRS
RACING COMMISSION - REPORTS - Amends existing law relating to the Idaho
Racing Commission to expand the financial data required of applicants for
licenses; and to provide more reporting by recipients of moneys from racing
proceeds.
03/10 House intro - 1st rdg - to printing
03/13 Rpt prt - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stone
Absent and excused -- Jones, McKague, Taylor
Floor Sponsor - Kunz
Title apvd - to Senate
03/22 Senate intro - 1st rdg - to St Aff
H0731
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 731
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO RACING COMMISSION; AMENDING SECTION 54-2505, IDAHO CODE,
3 TO REQUIRE THE COMMISSION TO INCLUDE CERTAIN INFORMATION IN THE ANNUAL
4 REPORT; AND AMENDING SECTION 54-2508, IDAHO CODE, TO REQUIRE APPLICANTS
5 FOR LICENSURE BY THE RACING COMMISSION TO SUBMIT CERTAIN FINANCIAL INFOR-
6 MATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-2505, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-2505. COMMISSION'S ANNUAL REPORT -- PUBLIC RECORD. The commission
11 shall keep detailed records of all meetings and of the business transacted
12 therein, and all licenses applied for and issued, reports of which shall be
13 embodied in an annual report which the commission shall prepare and submit to
14 the governor on or before the thirty-first day of December of each year. Said
15 annual report shall cover the activities of the commission for the preceding
16 year in addition to the aforementioned.
17 The commission is charged to include within its report a complete account-
18 ing for funds distributed pursuant to law. For this purpose, the commission
19 may require from each recipient of proceeds from the provisions of this chap-
20 ter including, but not limited to, racetracks, breed associations and the
21 equine education account, a financial report to be submitted annually, except
22 that no report shall be required of funds distributed to the public school
23 income fund.
24 All records of the commission shall be public records, and as such, sub-
25 ject to public inspection.
26 SECTION 2. That Section 54-2508, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 54-2508. LICENSE -- APPLICATION THEREFOR -- TYPE AND NUMBER OF RACES --
29 FEE PER DAY -- REFUND -- CANCELLATION -- HEARING. It shall be unlawful for any
30 person to hold any race meet in this state without having first obtained and
31 having in force and effect a license issued by the commission as in this act
32 provided. Every person making application for a license to hold a race meet,
33 under the provisions of this act, shall file an application with the commis-
34 sion which shall set forth the time, place and number of days such will con-
35 tinue, an agreement with a horsemen's group as the term "horsemen's group" is
36 defined in section 54-2502, Idaho Code, a copy of a financial statement, which
37 meets generally accepted accounting standards, for the previous year, and such
38 other information as the commission may require. The agreement shall be
39 reached voluntarily or pursuant to binding arbitration in conformance with
40 chapter 9, title 7, Idaho Code, and shall address, but not be limited to, num-
41 ber of live race days and percentage of the live race and simulcast handle
2
1 that is dedicated to the live horse race purse structure. Race days agreed
2 upon shall be submitted to the Idaho racing commission for its approval.
3 No person who has been convicted of any crime involving moral turpitude
4 shall be issued a license of any kind, nor shall any license be issued to any
5 person who has violated the terms or provisions of this act, or any of the
6 rules of the commission, or who has failed to pay any of the fees, taxes or
7 moneys required under the provisions of this act.
8 All applications to hold race meets shall be submitted to the commission
9 which shall act upon such applications within thirty (30) days. The commission
10 shall be the sole judge of whether or not the race meet shall be licensed and
11 the number of days the meet shall continue.
12 As a condition of granting a license or renewing a license, if the appli-
13 cant conducted a pari-mutuel wagering system for live and simulcast horse
14 races in the previous year, he shall make available to the commission for
15 examination and audit at all reasonable times, upon notice to the licensee by
16 the commission, the financial records of the licensee's operations including
17 the financial records of any other corporations or business entities owned or
18 controlled by the same parent corporation or individual as the licensee that
19 provided services, equipment or labor related to the licensee's operation.
20 The license issued shall specify the kind and character of the race meets
21 to be held, the number of days the race meet shall continue and the number of
22 races per day, which, in the event of live races, shall not be less than six
23 (6). The licensee shall pay in advance of the scheduled race meet to the state
24 treasurer a fee of not less than twenty-five dollars ($25.00) for each day of
25 racing, which fees shall be placed in the public school income fund of the
26 state of Idaho. Provided, that if unforeseen obstacles arise, which prevent
27 the holding, or completion of any race meet, the license fee held may be
28 refunded the licensee, if the commission deems the reason for failure to hold
29 or complete the race meet sufficient. Any unexpired license held by any person
30 who violates any of the provisions of this act, pursuant thereto, or who fails
31 to pay to the commission any and all sums required under the provisions of
32 this act, shall be subject to cancellation and revocation by the commission.
33 Such cancellation shall be made only after a summary hearing before the com-
34 mission, of which three (3) days' notice in writing shall be given the licen-
35 see, specifying the grounds for the proposed cancellation, and at which hear-
36 ing the licensee shall be given an opportunity to be heard in opposition to
37 the proposed cancellation.
STATEMENT OF PURPOSE
RS 10259
This proposed legislation charges the Racing Commission to provide an
accounting of funds distributed by law as part of their annual report. It further
requires that licensees provide financial statements to the Racing Commission.
FISCAL IMPACT
None
Contact
Name: Rep. Loertscher, Hornbeck, Kunz, Judd, and Smylie
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 731