2000 Legislation
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HOUSE BILL NO. 734, As Amended – Racing, simulcast, moneys, dist

HOUSE BILL NO. 734, As Amended

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H0734aa....................................................by STATE AFFAIRS
RACING - SIMULCAST - Amends existing law relating to distribution of moneys
derived from simulcast of horse and dog racing wagering to increase the
amount distributed to the purse fund for live races in Idaho.
                                                                        
03/10    House intro - 1st rdg - to printing
03/13    Rpt prt - to St Aff
03/20    Rpt out - to Gen Ord
03/27    Rpt out amen - to engros
03/28    Rpt engros - rules susp - PASSED - 59-8-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Kempton, Kendell, Kunz,
      Lake, Linford, Loertscher, Mader, Marley, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
      Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- Crow, Hansen(23), Judd, Kellogg, McKague, Ringo, Smith, Stone
      Absent and excused -- Black, Deal, Denney
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/29    Senate intro - 1st rdg as amen - to St Aff

Bill Text


 H0734
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 734, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DISTRIBUTION OF MONEYS DERIVED FROM SIMULCAST  OF  HORSE  AND  DOG
  3        RACING  WAGERING;  AMENDING SECTION 54-2512, IDAHO CODE, TO PROVIDE THAT A
  4        DISTRIBUTION OF SIMULCAST HANDLE PROVIDED BY LAW MAY BE NEGOTIATED BY  THE
  5        HORSEMEN'S  GROUP OF THE TRACK AND TO REVISE DISTINCTION BETWEEN LARGE AND
  6        SMALL RACETRACKS; AMENDING SECTION 54-2513, IDAHO CODE, TO REVISE DISTINC-
  7        TION BETWEEN LARGE AND SMALL RACETRACKS, TO GOVERN DISTRIBUTION OF  MONEYS
  8        IN  THE LIVE RACE POOL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER
  9        25, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-2513A, IDAHO
 10        CODE, TO GOVERN THE DISTRIBUTION OF MONEYS IN THE  LARGE  TRACK  SIMULCAST
 11        HORSE  RACING  AND  DOG  RACING POOL; AMENDING CHAPTER 25, TITLE 54, IDAHO
 12        CODE, BY THE ADDITION OF A NEW SECTION 54-2513B, IDAHO CODE, TO GOVERN THE
 13        DISTRIBUTION OF MONEYS IN THE SMALL TRACK SIMULCAST HORSE RACING  AND  DOG
 14        RACING POOL; AND REPEALING SECTION 54-2514, IDAHO CODE.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 54-2512, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        54-2512.  PARI-MUTUEL BETTING -- SIMULCASTING --  OTHER  BETTING  ILLEGAL.
 19    (1)  Any licensee conducting a race meet under this act may provide a place or
 20    places in the race meet grounds or enclosure at which such licensee  may  con-
 21    duct  and supervise the use of the pari-mutuel system by patrons on the result
 22    of the races conducted by such licensee at such race meet  and,  upon  written
 23    application  by  a  licensee  and approval by the commission, on the result of
 24    simulcast and/or televised races. The commission shall issue no more than  one
 25    (1)  license  to  simulcast  per live race meet licensee and there shall be no
 26    more simulcasting sites in the state than there are licensed  live  race  meet
 27    sites.
 28        (2)  (a) Licenses  authorizing  simulcast  and/or  televised races will be
 29        regulated by the commission, in addition to  its  other  responsibilities,
 30        for  the  purpose  of  enhancing,  promoting, and protecting the live race
 31        industry in the state of Idaho. No license authorizing simulcasting and/or
 32        televised races shall be issued to or renewed for  persons  that  are  not
 33        also  licensed  to  conduct live race meets in the state of Idaho. Persons
 34        applying for a simulcast and/or televised race license shall have annually
 35        conducted live race meets in the state of Idaho during the  preceding  two
 36        (2)  calendar years, and have an agreement reached voluntarily or pursuant
 37        to binding arbitration in conformance with chapter 9, title 7, Idaho Code,
 38        with a horsemen's group as the term "horsemen's group" is defined in  sec-
 39        tion  54-2502, Idaho Code. The agreement shall address, but not be limited
 40        to, number of live race days and percentage of the live race and simulcast
 41        handle that is dedicated to the live horse race purse structure, and shall
 42        incorporate the percentage of the simulcast handle dedicated to live horse
 43        race purse structure required by law. If the horsemen's group  has  agreed
                                                                        
                                           2
                                                                        
  1        to  a revision of the percentage required by law, and the horsemen's group
  2        is hereby authorized to negotiate a reduction if it is found to be in  the
  3        interests of the horsemen,  the revision shall be specifically shown. Race
  4        days agreed upon shall be submitted to the Idaho racing commission for its
  5        approval.
  6        (b)  In addition to the restrictions recited in paragraph (a) of this sub-
  7        section,  live  horse race licensees that have had an average daily live a
  8        total race handle of more than sixty thousand dollars ($60,000) from  both
  9        live races and simulcast races exceeding five million dollars ($5,000,000)
 10        during the last calendar year in operation shall not have a license autho-
 11        rizing simulcasting and/or televised races issued or renewed if the licen-
 12        see  has  not  run in the calendar year immediately preceding the year for
 13        which the application for a license is being made for at least ninety per-
 14        cent (90%) of the number of live races that were conducted by that  licen-
 15        see in 1989.
 16        (c)  The commission may issue a license authorizing simulcast and/or tele-
 17        vised  races  to  a  live horse race licensee only after that licensee has
 18        conducted at that facility a minimum of forty (40)  live  horse  races  in
 19        each  of  the  two  (2)  calendar years preceding the application for such
 20        license. The requirements of this paragraph are only  applicable  to  live
 21        horse  race  licensees  who  have  received  their initial live horse race
 22        license after April 1, 1997.
 23        (3)  Such pari-mutuel system conducted at such race meet shall  not  under
 24    any  circumstances,  if conducted under the provisions of this act and in con-
 25    formity thereto and to the rules of the commission, be held or construed to be
 26    unlawful, other statutes of this state to the contrary notwithstanding.
 27        (4)  The participation by a licensee in an  interstate  combined  wagering
 28    pool does not cause that licensee to be considered to be doing business in any
 29    jurisdiction  other  than the jurisdiction in which the licensee is physically
 30    located.
 31        (5)  Pari-mutuel taxes or commissions may not be imposed  on  any  amounts
 32    wagered  in  an  interstate  combined wagering pool other than amounts wagered
 33    within this jurisdiction.
 34        (6)  It shall be unlawful to conduct pool selling, book making, or to cir-
 35    culate handbooks, or to bet or wager on a race  of  any  licensed  race  meet,
 36    other  than  by the pari-mutuel system; and it shall further be unlawful know-
 37    ingly to permit any minor to use the pari-mutuel system.
                                                                        
 38        SECTION 2.  That Section 54-2513, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        54-2513.  HORSE  RACING -- DISTRIBUTIONS OF DEPOSITS -- BREAKAGE. (A) Each
 41    licensee conducting the pari-mutuel system for live and simulcast horse  races
 42    having  an  average  daily  handle  in  excess of one hundred thousand dollars
 43    ($100,000) a total race handle  from  both  live  races  and  simulcast  races
 44    exceeding  five  million dollars ($5,000,000) shall distribute all sums depos-
 45    ited in any live race pool as follows:
 46        (1)  Eighty-two per cent percent (82%) of any win, place or show  pool  to
 47        the winner thereof, and eighteen per cent percent (18%) to the licensee;
 48        (2)  Seventy-seven  and  one-quarter  per cent percent (77.25%) of all two
 49        (2) horse exotic wagers including, but not limited to, daily  doubles  and
 50        quinellas  to  the  winner thereof, three-quarters of one per cent percent
 51        (.75%) to the racing commission  for  deposit  in  the  racing  commission
 52        account fund, and twenty-two per cent percent (22%) to the licensee;
 53        (3)  Seventy-five  and  one-quarter per cent percent (75.25%) of all three
                                                                        
                                           3
                                                                        
  1        (3) or more horse exotic wagers including, but not  limited  to,  trifecta
  2        and  twin-trifecta  to  the winner thereof, three-quarters of one per cent
  3        percent (.75%) to the racing commission for deposit in the racing  commis-
  4        sion account fund, and twenty-four per cent percent (24%) to the licensee.
  5        (B)  Each  licensee  conducting the pari-mutuel system for live and simul-
  6    cast horse races having an average daily handle in excess of one hundred thou-
  7    sand dollars ($100,000) a total race handle from both live races and simulcast
  8    races exceeding five million dollars ($5,000,000) shall retain the sums depos-
  9    ited in any live race pool as required in subsection (A) of this section,  for
 10    distribution and payment based upon gross daily live race receipts as follows:
 11        (1)  One and one-quarter per cent percent (1.25%) of gross daily live race
 12        receipts,  separately stated, shall be paid to the Idaho state racing com-
 13        mission, for deposit in the  racing  commission  account  fund,  which  is
 14        hereby created in the state regulatory fund.
 15        (2)  One-half  of  one  per  cent  percent (.50%) of gross daily live race
 16        receipts from horse races, separately stated, shall be paid to  the  Idaho
 17        state  racing  commission  for  deposit  in the track distribution account
 18        fund, which is hereby created in the pari-mutuel  distribution  fund,  for
 19        further  distribution  to  certain  Idaho  horse  race  tracks racetracks,
 20        defined as follows:
 21             a.  Recipient horse racing tracks shall be those  which,  during  the
 22             race  meet year of distribution, have an average daily handle of less
 23             than sixty thousand dollars ($60,000) a total race handle  from  both
 24             live  races  and  simulcast  races  of less than five million dollars
 25             ($5,000,000);
 26             b.  Distributions to recipient horse racing tracks shall be  weighted
 27             proportionately  on  the number of days raced during the year of dis-
 28             tribution.
 29             All moneys in the track distribution account fund are hereby continu-
 30        ously appropriated to the commission for payment as required by this  sec-
 31        tion.   Payments  to  horse  racing  tracks shall be made annually but not
 32        later than December 15.
 33        (3)  One-half of one per cent percent (.50%)  of  gross  daily  live  race
 34        receipts from horse races, separately stated shall be paid by the licensee
 35        to  the   commission  for  deposit in the breed distribution account fund,
 36        which is hereby created in the pari-mutuel distribution fund, for  payment
 37        by  the  commission  in  proportion  to the handle generated by each horse
 38        breed, to lawfully constituted representatives of  each  horse  breed,  to
 39        benefit  owners and/or breeders of Idaho bred racing thoroughbreds, racing
 40        quarter horses, racing Appaloosas, racing paints and racing Arabians, sub-
 41        ject to the approval of the commission. Moneys in the  breed  distribution
 42        account  fund  on December 31 of each year which have not been distributed
 43        by the commission shall be paid to the public school income fund.
 44             All moneys in the breed distribution account fund are hereby continu-
 45        ously appropriated to the commission for payment as required by this  sec-
 46        tion. Payments to representatives shall be made quarterly.
 47        (4)  From the balance of gross daily live race receipts remaining with the
 48        licensee  after the distributions required in subsections (B)(1), (2), and
 49        (3) of this section from horse races, the following amounts shall be  paid
 50        or retained:
 51             a.  From  the  first  $20,000  of gross daily live race receipts, the
 52             licensee shall retain the entire amount;
 53             b.  From the next $10,000 of gross daily live  race  receipts  (gross
 54             daily receipts between $20,000 and $30,000), the public school income
 55             fund  and  the equine education account shall each receive one-eighth
                                                                        
                                           4
                                                                        
  1             of one per cent percent (.125%), and the licensee  shall  retain  the
  2             balance;
  3             c.  From  the  next  $10,000 of gross daily live race receipts (gross
  4             daily receipts between $30,000 and $40,000), the public school income
  5             fund and the equine education account shall  each  receive  sixty-two
  6             and  one-half  hundredths  per cent percent (.625%), and the licensee
  7             shall retain the balance;
  8             d.  From all amounts  of  over  $40,000  of  gross  daily  live  race
  9             receipts,  the  public  school  income  fund and the equine education
 10             account shall each receive one  and  one-eighth    per  cent  percent
 11             (1.125%), and the licensee shall retain the balance.
 12             The public schools' and the equine education account's share shall be
 13        paid  by  the  licensee to the racing commission for deposit in the public
 14        school income fund or the equine education  account  as  appropriate.  The
 15        licensee's percentage shall be retained by the licensee.
 16        (C)  Each  licensee  conducting the pari-mutuel system for live and simul-
 17    cast horse races having an average daily handle of one hundred  thousand  dol-
 18    lars  ($100,000)  or less shall distribute all sums deposited in any live race
 19    pool as follows:
 20        (1)  Seventy-seven per cent percent (77%) of any win, place or  show  pool
 21        to  the  winner  thereof,  and  twenty-three per cent percent (23%) to the
 22        licensee;
 23        (2)  Seventy-six and one-quarter per cent percent (76.25%)  of  all  other
 24        pools to the winner thereof, three-quarters of one per cent percent (.75%)
 25        to  the  racing  commission  for  deposit  in the racing account fund, and
 26        twenty-three per cent percent (23%) to the licensee.
 27        (D)  Each licensee conducting the pari-mutuel system for live  and  simul-
 28    cast  horse races shall retain twenty-three per cent percent (23%) of all sums
 29    deposited in any live race pool, for distribution and payment based upon gross
 30    daily receipts as follows:
 31        (1)  One and one-quarter per cent percent (1.25%) of gross daily live race
 32        receipts, separately stated, shall be paid to the Idaho state racing  com-
 33        mission, for deposit in the racing commission account fund.
 34        (2)  One-half  of  one  per  cent  percent (.50%) of gross daily live race
 35        receipts from horse races, separately stated, shall be paid to  the  Idaho
 36        state  racing  commission  for  deposit  in the track distribution account
 37        fund, for further  distribution  to  certain  Idaho   horse  race  tracks,
 38        defined 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) a total race handle from both
 42             live  races  and  simulcast  races  exceeding  five  million  dollars
 43             ($5,000,000);
 44             b.  Distributions to recipient horse racing tracks shall be  weighted
 45             proportionately  on  the number of days raced during the year of dis-
 46             tribution.
 47             All moneys in the track distribution account fund are hereby continu-
 48        ously appropriated to the commission for payment as required by this  sec-
 49        tion. Payments to horse racing tracks shall be made annually but not later
 50        than December 15.
 51        (3)  One-half  of  one  per  cent  percent (.50%) of gross daily live race
 52        receipts from horse races, separately stated, shall be paid by the  licen-
 53        see  to the commission for deposit in the breed distribution account fund,
 54        for payment by the commission in proportion to  the  handle  generated  by
 55        each  horse  breed,  to lawfully constituted representatives of each horse
                                                                        
                                           5
                                                                        
  1        breed,  to  benefit  owners  and/or  breeders   of   Idaho   bred   racing
  2        thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and
  3        racing  Arabians, subject to the approval of the commission. Moneys in the
  4        breed distribution account fund on December 31 of each year which have not
  5        been distributed by the commission shall be  paid  to  the  public  school
  6        income  fund. All moneys in the breed distribution account fund are hereby
  7        continuously appropriated to the commission for  payment  as  required  by
  8        this section. Payments to representatives shall be made quarterly.
  9        (4)  Twenty  and  three-quarters  per cent percent (20.75%) of gross daily
 10        live race receipts from horse races shall be paid or retained as follows:
 11             a.  From the first $20,000 of gross daily  live  race  receipts,  the
 12             licensee  shall  retain  twenty  and  three-quarters per cent percent
 13             (20.75%);
 14             b.  From the next $10,000 of gross daily live  race  receipts  (gross
 15             daily receipts between $20,000 and $30,000), the public school income
 16             fund  and  the equine education account shall each receive one-eighth
 17             of one per cent percent (.125%), and the licensee shall retain twenty
 18             and one-half per cent percent (20.50%);
 19             c.  From the next $10,000 of gross daily live  race  receipts  (gross
 20             daily receipts between $30,000 and $40,000), the public school income
 21             fund  and  the  equine education account shall each receive sixty-two
 22             and one-half hundredths per cent percent (.625%),  and  the  licensee
 23             shall retain nineteen and one-half per cent percent (19.50%);
 24             d.  From  all  amounts  of  over  $40,000  of  gross  daily live race
 25             receipts, the public school income  fund  and  the  equine  education
 26             account  shall  each  receive  one  and  one-eighth  per cent percent
 27             (1.125%), and the licensee shall retain  eighteen  and  one-half  per
 28             cent percent (18.50%).
 29        The  public  schools' share and the equine education account's share shall
 30        be paid by the licensee to the racing commission for deposit in the public
 31        school income fund or the equine education  account  as  appropriate.  The
 32        licensee's percentage shall be retained by the licensee.
 33        (E)  Each  licensee  may  retain the odd cents of all redistribution to be
 34    based on each dollar deposited exceeding a sum equal to the next lowest multi-
 35    ple of ten (10), known as breakage, and the total amount of unclaimed  tickets
 36    at the termination of the time allowed by rule of the commission.
 37        (F)  If  the fiscal year-end balance in the racing commission account fund
 38    exceeds $400,000, the excess shall be transferred by the office of  the  state
 39    controller  to the pari-mutuel distribution fund, which is hereby created, for
 40    further distribution as follows:
 41        (1)  Sixty per cent percent (60%) shall be deposited in  the  Idaho  horse
 42        owner/breeder   award  account  fund,  which  is  hereby  created  in  the
 43        pari-mutuel distribution fund, and shall be distributed by the racing com-
 44        mission annually, but not later than December 15 of each year as follows:
 45             a.  Fifty per cent percent (50%) to the breeders of Idaho  bred  win-
 46             ners  based on the number of live races by each breed for the current
 47             calendar year; and
 48             b.  Fifty per cent percent (50%) in equal amounts to owners of  Idaho
 49             bred horse race winners.
 50             c.  All  moneys  in  the  Idaho  owner/breeder award account fund are
 51             hereby continuously appropriated to the  commission  for  payment  as
 52             required in this section.
 53        (2)  Forty  per  cent  percent (40%) shall be deposited in the track purse
 54        enhancement account fund, which is hereby created, and paid to  all  Idaho
 55        licensed  horse  racetracks  for the purpose of purse enhancement based on
                                                                        
                                           6
                                                                        
  1        the number of live race dates held  the  preceding  calendar  year.  Track
  2        purse enhancement moneys shall be disbursed no later than thirty (30) days
  3        after  Idaho  state  racing  commission approval of live race meet license
  4        applications for the forthcoming calendar year.  All moneys in  the  track
  5        purse enhancement account fund are hereby continuously appropriated to the
  6        commission for payment as required by this section.
                                                                        
  7        SECTION  3.  That  Chapter  25,  Title 54, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 54-2513A, Idaho Code, and to read as follows:
                                                                        
 10        54-2513A.  LARGE  TRACK  SIMULCAST HORSE AND DOG RACING -- DISTRIBUTION --
 11    BREAKAGE. Each licensee conducting  the  pari-mutuel  system  for  live  horse
 12    racing  and  simulcast  of horse and dog racing with an annual gross handle of
 13    over five million dollars ($5,000,000) shall distribute all sums  retained  by
 14    the  licensee  in  any simulcast race pool after meeting the winner pay-out of
 15    the host state, as follows:
 16        (1)  Five percent (5%) of the retained amount shall be transmitted to  the
 17    racing commission for deposit in the regulatory fund.
 18        (2)  Twenty-five  percent (25%) of the retained amount, separately stated,
 19    shall be deposited in the licensee's live horse race purse account as directed
 20    in the horseman's agreement with concurrence of the commission.
 21        (3)  Four percent (4%) of the retained amount, separately stated, shall be
 22    paid to the racing commission for deposit in the track distribution  fund  for
 23    further  distribution to certain Idaho horse racetracks for the exclusive pur-
 24    pose of enhancing purses at those tracks as follows:
 25        (a)  Recipient horse racing tracks shall be those which  during  the  race
 26        meet  year of distribution have an annual handle of less than five million
 27        dollars ($5,000,000).
 28        (b)  Distribution to recipient horse racing tracks shall be weighted  pro-
 29        portionally on the number of days raced during the year of distribution.
 30        (c)  All  moneys  in  the  track distribution fund are hereby continuously
 31        appropriated to the commission for payment as required by this subsection.
 32        Payments to horse racing tracks shall be made annually but not later  than
 33        December 31.
 34        (4)  Two  and  one-quarter  percent  (2.25%)  of  the retained amount from
 35    races, separately stated, shall be paid by the licensee to the commission  for
 36    deposit  in the breed distribution fund, for payment by the commission in pro-
 37    portion to the handle generated by each horse breed, to  lawfully  constituted
 38    representatives  of  each  horse  breed,  to benefit owners and/or breeders of
 39    Idaho bred racing thoroughbreds, racing  quarter  horses,  racing  Appaloosas,
 40    racing  paints and racing Arabians, subject to the approval of the commission.
 41    Moneys in the breed distribution fund on December 31 of each year  which  have
 42    not  been  distributed  by  the  commission shall be paid to the public school
 43    income fund. All moneys in the breed distribution fund are hereby continuously
 44    appropriated to the commission for payment as required by this  section.  Pay-
 45    ments to representatives shall be made quarterly.
 46        (5)  One  and  one-half  percent (1.5%) of the retained amount, separately
 47    stated, shall be paid by the licensee to the commission  for  deposit  in  the
 48    public school income fund.
 49        (6)  Each  licensee  may  retain the odd cents of all redistribution to be
 50    based on each dollar deposited exceeding the sum equal to the next lowest mul-
 51    tiple of ten (10), known as breakage, and the total amount of unclaimed  tick-
 52    ets at the termination of the time allowed by rule of the commission.
                                                                        
                                           7
                                                                        
  1        SECTION  4.  That  Chapter  25,  Title 54, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 54-2513B, Idaho Code, and to read as follows:
                                                                        
  4        54-2513B.  SMALL  TRACK  SIMULCAST HORSE AND DOG RACING -- DISTRIBUTION --
  5    BREAKAGE. Each licensee conducting  the  pari-mutuel  system  for  live  horse
  6    racing  and  simulcast  of horse and dog racing with an annual gross handle of
  7    less than five million dollars ($5,000,000) shall distribute all sums retained
  8    by the licensee in any simulcast race pool after meeting the winner pay-out of
  9    the host state, as follows:
 10        (1)  Two and one-half percent (2.5%)  of  the  retained  amount  shall  be
 11    transmitted to the racing commission for deposit in the regulatory fund.
 12        (2)  Three  percent  (3%) of the retained amount, separately stated, shall
 13    be paid to the racing commission for deposit in the  track  distribution  fund
 14    for  further  distribution to certain Idaho horse racetracks for the exclusive
 15    purpose of enhancing purses at those tracks as follows:
 16        (a)  Recipient horse racing tracks shall be those which  during  the  race
 17        meet  year of distribution have an annual handle of less than five million
 18        dollars ($5,000,000).
 19        (b)  Distribution to recipient horse racing tracks shall be weighted  pro-
 20        portionally on the number of days raced during the year of distribution.
 21        (c)  All  moneys  in  the  track distribution fund are hereby continuously
 22        appropriated to the commission for payment as required by this subsection.
 23        Payments to horse racing tracks shall be made annually but not later  than
 24        December 31.
 25        (3)  One and twelve-hundredths percent (1.12%) of the retained amount from
 26    races,  separately stated, shall be paid by the licensee to the commission for
 27    deposit in the breed distribution fund, for payment by the commission in  pro-
 28    portion  to  the handle generated by each horse breed, to lawfully constituted
 29    representatives of each horse breed, to  benefit  owners  and/or  breeders  of
 30    Idaho  bred  racing  thoroughbreds,  racing quarter horses, racing Appaloosas,
 31    racing paints and racing Arabians, subject to the approval of the  commission.
 32    Moneys  in  the breed distribution fund on December 31 of each year which have
 33    not been distributed by the commission shall be  paid  to  the  public  school
 34    income fund. All moneys in the breed distribution fund are hereby continuously
 35    appropriated  to  the commission for payment as required by this section. Pay-
 36    ments to representatives shall be made quarterly.
 37        (4)  Each licensee may retain the odd cents of all  redistribution  to  be
 38    based on each dollar deposited exceeding the sum equal to the next lowest mul-
 39    tiple  of ten (10), known as breakage, and the total amount of unclaimed tick-
 40    ets at the termination of the time allowed by rule of the commission.
                                                                        
 41        SECTION 5.  That Section 54-2514, Idaho Code, be, and the same  is  hereby
 42    repealed.

Amendment


 AH0734
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Loertscher          
                                                                        
                                                     Seconded by Hornbeck            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 734
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 3
  2        On page 6 of the printed bill, delete lines 8 through 53, and on  page  7,
  3    delete lines 1 through 11 and insert:
  4        "54-2513A.  LARGE  TRACK SIMULCAST HORSE AND DOG RACING -- DISTRIBUTION --
  5    BREAKAGE. Each licensee conducting  the  pari-mutuel  system  for  live  horse
  6    racing  and  simulcast  of horse and dog racing with an annual gross handle of
  7    over five million dollars ($5,000,000) shall distribute all sums  retained  by
  8    the  licensee  in  any simulcast race pool after meeting the winner pay-out of
  9    the host state, as follows:
 10        (1)  Five percent (5%) of the retained amount shall be transmitted to  the
 11    racing commission for deposit in the regulatory fund.
 12        (2)  Twenty-five  percent (25%) of the retained amount, separately stated,
 13    shall be deposited in the licensee's live horse race purse account as directed
 14    in the horseman's agreement with concurrence of the commission.
 15        (3)  Four percent (4%) of the retained amount, separately stated, shall be
 16    paid to the racing commission for deposit in the track distribution  fund  for
 17    further  distribution to certain Idaho horse racetracks for the exclusive pur-
 18    pose of enhancing purses at those tracks as follows:
 19        (a)  Recipient horse racing tracks shall be those which  during  the  race
 20        meet  year of distribution have an annual handle of less than five million
 21        dollars ($5,000,000).
 22        (b)  Distribution to recipient horse racing tracks shall be weighted  pro-
 23        portionally on the number of days raced during the year of distribution.
 24        (c)  All  moneys  in  the  track distribution fund are hereby continuously
 25        appropriated to the commission for payment as required by this subsection.
 26        Payments to horse racing tracks shall be made annually but not later  than
 27        December 31.
 28        (4)  Two  and  one-quarter  percent  (2.25%)  of  the retained amount from
 29    races, separately stated, shall be paid by the licensee to the commission  for
 30    deposit  in the breed distribution fund, for payment by the commission in pro-
 31    portion to the handle generated by each horse breed, to  lawfully  constituted
 32    representatives  of  each  horse  breed,  to benefit owners and/or breeders of
 33    Idaho bred racing thoroughbreds, racing  quarter  horses,  racing  Appaloosas,
 34    racing  paints and racing Arabians, subject to the approval of the commission.
 35    Moneys in the breed distribution fund on December 31 of each year  which  have
 36    not  been  distributed  by  the  commission shall be paid to the public school
 37    income fund. All moneys in the breed distribution fund are hereby continuously
 38    appropriated to the commission for payment as required by this  section.  Pay-
 39    ments to representatives shall be made quarterly.
 40        (5)  One  and  one-half  percent (1.5%) of the retained amount, separately
 41    stated, shall be paid by the licensee to the commission  for  deposit  in  the
 42    public school income fund.
 43        (6)  Each  licensee  may  retain the odd cents of all redistribution to be
                                                                        
                                          2
                                                                        
  1    based on each dollar deposited exceeding the sum equal to the next lowest mul-
  2    tiple of ten (10), known as breakage, and the total amount of unclaimed  tick-
  3    ets at the termination of the time allowed by rule of the commission.".
                                                                        
  4                                AMENDMENT TO THE BILL
  5        On page 7, delete lines 12 through 53, and delete page 8 and insert:
  6        "SECTION  4.  That  Chapter  25, Title 54, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 54-2513B, Idaho Code, and to read as follows:
                                                                        
  9        54-2513B.  SMALL  TRACK  SIMULCAST HORSE AND DOG RACING -- DISTRIBUTION --
 10    BREAKAGE. Each licensee conducting  the  pari-mutuel  system  for  live  horse
 11    racing  and  simulcast  of horse and dog racing with an annual gross handle of
 12    less than five million dollars ($5,000,000) shall distribute all sums retained
 13    by the licensee in any simulcast race pool after meeting the winner pay-out of
 14    the host state, as follows:
 15        (1)  Two and one-half percent (2.5%)  of  the  retained  amount  shall  be
 16    transmitted to the racing commission for deposit in the regulatory fund.
 17        (2)  Three  percent  (3%) of the retained amount, separately stated, shall
 18    be paid to the racing commission for deposit in the  track  distribution  fund
 19    for  further  distribution to certain Idaho horse racetracks for the exclusive
 20    purpose of enhancing purses at those tracks as follows:
 21        (a)  Recipient horse racing tracks shall be those which  during  the  race
 22        meet  year of distribution have an annual handle of less than five million
 23        dollars ($5,000,000).
 24        (b)  Distribution to recipient horse racing tracks shall be weighted  pro-
 25        portionally on the number of days raced during the year of distribution.
 26        (c)  All  moneys  in  the  track distribution fund are hereby continuously
 27        appropriated to the commission for payment as required by this subsection.
 28        Payments to horse racing tracks shall be made annually but not later  than
 29        December 31.
 30        (3)  One and twelve-hundredths percent (1.12%) of the retained amount from
 31    races,  separately stated, shall be paid by the licensee to the commission for
 32    deposit in the breed distribution fund, for payment by the commission in  pro-
 33    portion  to  the handle generated by each horse breed, to lawfully constituted
 34    representatives of each horse breed, to  benefit  owners  and/or  breeders  of
 35    Idaho  bred  racing  thoroughbreds,  racing quarter horses, racing Appaloosas,
 36    racing paints and racing Arabians, subject to the approval of the  commission.
 37    Moneys  in  the breed distribution fund on December 31 of each year which have
 38    not been distributed by the commission shall be  paid  to  the  public  school
 39    income fund. All moneys in the breed distribution fund are hereby continuously
 40    appropriated  to  the commission for payment as required by this section. Pay-
 41    ments to representatives shall be made quarterly.
 42        (4)  Each licensee may retain the odd cents of all  redistribution  to  be
 43    based on each dollar deposited exceeding the sum equal to the next lowest mul-
 44    tiple  of ten (10), known as breakage, and the total amount of unclaimed tick-
 45    ets at the termination of the time allowed by rule of the commission.
                                                                        
 46        SECTION 5.  That Section 54-2514, Idaho Code, be, and the same  is  hereby
 47    repealed.".
                                                                        
 48                                 CORRECTION TO TITLE
 49        On  page  1, in line 10, following "IN THE" insert: "LARGE TRACK" and also
 50    in line 10, following "RACING" insert: "AND DOG RACING"; in line 11, following
 51    "POOL;" delete the remainder of the line  and  delete  line  12,  and  insert:
                                                                        
                                          3
                                                                        
  1    "AMENDING  CHAPTER  25, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
  2    54-2513B, IDAHO CODE, TO GOVERN THE DISTRIBUTION OF MONEYS IN THE SMALL  TRACK
  3    SIMULCAST  HORSE  RACING  AND  DOG RACING POOL; AND REPEALING SECTION 54-2514,
  4    IDAHO CODE.".

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS 10263 
     
     This proposed legislation provides for the distribution of funds from the simulcast
     racing pools. 
     
     
     
                    FISCAL IMPACT
     
     None 
     
     
     
     
     
     
     
     
     
     Contact 
     Name: Rep. Loertscher, Hornbeck, Kunz, Judd, and Smylie
     Phone.- (208) 332-1000 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                               H 734