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H0730......................................................by STATE AFFAIRS
HORSE RACING - Amends existing law to charge the Idaho State Lottery
Commission with governance of horse racing and wagering on horse racing in
Idaho; and to create from the Idaho State Racing Commission an advisory
committee on horse racing within the Lottery Commission.
03/10 House intro - 1st rdg - to printing
03/13 Rpt prt - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 63-5-2
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,
Jones, Kellogg, Kempton, Kunz, Lake, Linford, Loertscher, Mader,
Marley, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Taylor, Trail, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Judd, Kendell, McKague, Schaefer, Stone
Absent and excused -- Montgomery, Tilman
Floor Sponsor - Smylie
Title apvd - to Senate
03/23 Senate intro - 1st rdg - to St Aff
H0730
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 730
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GOVERNANCE OF HORSE RACING; AMENDING SECTION 54-2502, IDAHO CODE,
3 TO CHARGE THE IDAHO STATE LOTTERY COMMISSION WITH GOVERNANCE OF HORSE
4 RACING; AMENDING SECTION 54-2503, IDAHO CODE, TO CREATE A RACING ADVISORY
5 COMMITTEE WITHIN THE LOTTERY COMMISSION AND TO PROVIDE THE MEMBERSHIP OF
6 THE COMMITTEE; AMENDING SECTION 54-2504, IDAHO CODE, TO PROVIDE PROCEDURES
7 OF THE ADVISORY COMMITTEE; AMENDING SECTION 54-2505, IDAHO CODE, TO
8 INCLUDE THE ADVISORY COMMITTEE WITHIN REQUIREMENTS FOR ANNUAL REPORT AND
9 PUBLIC RECORDS; AMENDING SECTION 54-2506, IDAHO CODE, TO PROVIDE RULES
10 GOVERNING HORSE RACING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
11 54-2507, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS
12 54-2508, 54-2509, 54-2512, 54-2513 AND 54-2514, IDAHO CODE, TO PROVIDE
13 CORRECTION TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
14 SECTION 54-2515, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 54-2502, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-2502. DEFINITIONS. Unless the context otherwise requires, words and
19 phrases as used herein shall mean:
20 (1) "Commission" means the Idaho state racing lottery commission, herein-
21 after created in chapter 74, title 67, Idaho Code.
22 (2) "Gross daily receipts" means the total of all sums deposited in all
23 pools for each race day.
24 (3) "Horsemen's group" means an organization composed of licensed owners,
25 breeders, and/or trainers duly registered with the secretary of state and rec-
26 ognized by the Idaho racing commission as the majority of the horsemen at the
27 track.
28 (4) "Host facility" means the racetrack at which the race is run, or the
29 facility which is designated as the host facility if the race is run in a
30 jurisdiction which is not participating in the interstate combined wagering
31 pool.
32 (5) "Host jurisdiction" means the jurisdiction in which the host facility
33 is located.
34 (6) "Interstate common wagering pool" means a pari-mutuel pool estab-
35 lished in one (1) jurisdiction which is combined with comparable pari-mutuel
36 pools from one (1) or more racing jurisdictions. Such pool is established for
37 the purpose of establishing pay-off prices in the various jurisdictions.
38 (7) "Persons" means and includes individuals, firms, corporations and
39 associations.
40 (8) "Pool" means the total sum of all moneys wagered in each race for
41 each type of bet. Types of bets include win, place, show, quinella, daily dou-
42 ble, exacta, trifecta, etc., and such other types as are approved by the com-
43 mission from time to time.
2
1 (9) "Race meet" means and includes any exhibition of thoroughbred,
2 purebred, and/or registered horse racing, mule racing or dog racing, where the
3 pari-mutuel system of wagering is used. Singular includes the plural and plu-
4 ral includes the singular; and words importing one gender shall be regarded as
5 including all other genders.
6 (10) "Racing jurisdiction" or "jurisdiction" means a governmental juris-
7 diction responsible for the regulation of pari-mutuel racing in that jurisdic-
8 tion.
9 SECTION 2. That Section 54-2503, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-2503. RACING COMMISSION ADVISORY COMMITTEE CREATED -- APPOINTMENT --
12 REMOVAL -- CLAIMS. There is hereby created in the department of law enforce-
13 ment lottery commission the Idaho state racing commission advisory committee,
14 to consist of three (3) five (5) members, who shall be citizens, residents,
15 and qualified electors of the state of Idaho.
16 The members of said commission the committee shall be appointed by the
17 governor within thirty (30) days after this act takes effect, one (1) for a
18 term to expire on the Thursday following the second Monday in January, 1965,
19 and one (1) for a term to expire on the Thursday following the second Monday
20 in January, 1967, and one (1) for a term to expire on the Thursday following
21 the second Monday in January, 1969, and upon the expiration of the term of
22 any member of said commission the committee, the governor shall appoint a suc-
23 cessor for a term of six (6) years. Persons serving on the Idaho racing com-
24 mission on June 30, 2000, shall serve the duration of their term on the advi-
25 sory committee and two (2) additional members shall be appointed, one (1) each
26 for terms of four (4) and six (6) years. All appointments to the Idaho state
27 racing commission advisory committee shall be subject to the approval of the
28 senate.
29 Each member shall hold office until his successor is appointed and quali-
30 fied. Vacancies on the commission advisory committee shall be filled by
31 appointment to be made by the governor for the unexpired term.
32 Any member may be removed from office by the governor for cause after a
33 public hearing. Notice of said hearing shall fix the time and place of hearing
34 and shall specify the charges. Copy of the notice of hearing shall be served
35 on the member by mailing the same to the member at his last known address at
36 least ten (10) days before the date fixed for said hearing.
37 SECTION 3. That Section 54-2504, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-2504. CHAIRMAN -- QUORUM -- COSTS. The commission advisory committee
40 shall organize by electing one (1) of its members chairman. Two (2) Three (3)
41 members of the commission committee shall constitute a quorum for the transac-
42 tion of any and all business of the commission committee.
43 Each member of the board shall be compensated as provided by section
44 59-509(h), Idaho Code. Moneys used for the compensation of members shall be
45 drawn from commission committee funds.
46 The commission committee, subject to the approval of the commission, may
47 incur all such costs, charges and expenses as are reasonably necessary in car-
48 rying out the intent and purposes of this act chapter.
49 All claims and expenditures under this act chapter shall be first audited
50 and passed upon by the commission committee, and, when approved, shall be paid
51 in the manner provided by law for the payment of claims against the state of
3
1 Idaho.
2 The advisory committee shall advise the commission on all matters related
3 to the implementation of this chapter. The commission shall establish, by
4 rule, procedures for such advisory role by the committee.
5 SECTION 4. That Section 54-2505, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-2505. COMMISSION'S ANNUAL REPORT -- PUBLIC RECORD. The commission and
8 the racing advisory committee of the commission, shall keep detailed records
9 of all meetings and of the business transacted therein, and all licenses
10 applied for and issued, reports of which shall be embodied in an annual report
11 which the commission shall prepare and submit to the governor on or before the
12 thirty-first day of December of each year. Said The annual report shall cover
13 the activities of the commission and the advisory committee for the preceding
14 year in addition to the aforementioned.
15 All records of the commission and the racing advisory committee shall be
16 public records, and as such, subject to public inspection.
17 SECTION 5. That Section 54-2506, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-2506. DUTIES OF COMMISSION AND LICENSEES -- LICENSE FEE. It shall be
20 the duty of the commission, as soon as possible after its organization, to
21 prepare and promulgate a complete set of rules and regulations to govern race
22 meets and the pari-mutuel system and, until amended, the rules of the Idaho
23 racing commission on June 30, 2000, shall be the rules of the lottery commis-
24 sion governing racing. It shall be the duty of each person holding a license
25 under the authority of the act chapter to comply with this act chapter and
26 with all the rules and regulations promulgated and all orders issued by the
27 commission.
28 It shall be unlawful for any person, except race meet licensees coming
29 within the provisions of section 54-2508, Idaho Code, to participate, directly
30 or indirectly, in any race meet without first securing and having in full
31 force and effect, a license therefor from the commission. The license fee for
32 such license shall be set by the commission and shall be paid to the commis-
33 sion.
34 The commission shall, by rule, and regulation, determine which persons
35 participating, directly or indirectly, in race meets shall require licenses.
36 SECTION 6. That Section 54-2507, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-2507. AUTHORITY OF COMMISSION. (1) The commission created by this act
39 is hereby authorized and it shall be its duty to license, regulate, and super-
40 vise all race meets held in this state under the terms of this act chapter,
41 and to cause the various places where race meets are held to be visited and
42 inspected at least once a year.
43 (2) Notwithstanding any other provision of this chapter, the commission
44 may authorize any licensee to participate in an interstate common wagering
45 pool with one (1) or more other racing jurisdictions. Anytime that a licensee
46 participates in an interstate pool, the licensee may adopt, with the authori-
47 zation of the commission, the take-out of the host jurisdiction or facility.
48 (3) The commission may permit a licensee to use one (1) or more of its
49 races for an interstate common wagering pool at locations outside its juris-
4
1 diction, and may allow pari-mutuel pools in other states to be combined with
2 pari-mutuel pools in its jurisdiction for the purpose of establishing an
3 interstate common wagering pool.
4 SECTION 7. That Section 54-2508, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 54-2508. LICENSE -- APPLICATION THEREFOR -- TYPE AND NUMBER OF RACES --
7 FEE PER DAY -- REFUND -- CANCELLATION -- HEARING. It shall be unlawful for any
8 person to hold any race meet in this state without having first obtained and
9 having in force and effect a license issued by the commission as in this act
10 chapter provided. Every person making application for a license to hold a race
11 meet, under the provisions of this act chapter, shall file an application with
12 the commission which shall set forth the time, place and number of days such
13 will continue, an agreement with a horsemen's group as the term "horsemen's
14 group" is defined in section 54-2502, Idaho Code, and such other information
15 as the commission may require. The agreement shall be reached voluntarily or
16 pursuant to binding arbitration in conformance with chapter 9, title 7, Idaho
17 Code, and shall address, but not be limited to, number of live race days and
18 percentage of the live race and simulcast handle that is dedicated to the live
19 horse race purse structure. Race days agreed upon shall be submitted to the
20 Idaho racing commission for its approval.
21 No person who has been convicted of any crime involving moral turpitude
22 shall be issued a license of any kind, nor shall any license be issued to any
23 person who has violated the terms or provisions of this act chapter, or any of
24 the rules of the commission, or who has failed to pay any of the fees, taxes
25 or moneys required under the provisions of this act chapter.
26 All applications to hold race meets shall be submitted to the commission
27 which shall act upon such applications within thirty (30) days. The commission
28 shall be the sole judge of whether or not the race meet shall be licensed and
29 the number of days the meet shall continue.
30 The license issued shall specify the kind and character of the race meets
31 to be held, the number of days the race meet shall continue and the number of
32 races per day, which, in the event of live races, shall not be less than six
33 (6). The licensee shall pay in advance of the scheduled race meet to the state
34 treasurer a fee of not less than twenty-five dollars ($25.00) for each day of
35 racing, which fees shall be placed in the public school income fund of the
36 state of Idaho. Provided, that if unforeseen obstacles arise, which prevent
37 the holding, or completion of any race meet, the license fee held may be
38 refunded the licensee, if the commission deems the reason for failure to hold
39 or complete the race meet sufficient. Any unexpired license held by any person
40 who violates any of the provisions of this act chapter, pursuant thereto, or
41 who fails to pay to the commission any and all sums required under the provi-
42 sions of this act chapter, shall be subject to cancellation and revocation by
43 the commission. Such cancellation shall be made only after a summary hearing
44 before the commission, of which three (3) days' notice in writing shall be
45 given the licensee, specifying the grounds for the proposed cancellation, and
46 at which hearing the licensee shall be given an opportunity to be heard in
47 opposition to the proposed cancellation.
48 SECTION 8. That Section 54-2509, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 54-2509. PENALTY FOR VIOLATIONS OF LAW -- POWER OF COMMISSION. (1) Any
51 person holding a race meet, and any other person required by this act chapter
5
1 or the rules of the commission to be licensed, participating, directly or
2 indirectly, in a race meet, without first being licensed by the commission,
3 and any person violating any of the terms or provisions of this act chapter
4 is guilty of a misdemeanor.
5 (a) There shall be an absolute prohibition of the use of live lures in
6 the state of Idaho for the training of or racing of racing dogs. Any
7 violation of the provisions of this section shall be a felony punishable
8 by a fine not exceeding twenty-five thousand dollars ($25,000), or by a
9 prison term not to exceed seven (7) years, or by both such fine and
10 imprisonment. In addition the state racing commission shall not license
11 any breeder, trainer or kennel whose dogs have been trained or raced with
12 the use of live lures. The racing commission shall adopt rules that will
13 provide for the humane treatment of the dogs involved in any aspect of
14 training for or engaging in dog racing.
15 (2) The commission shall have the power to exclude from any and all race
16 courses in this state any person who the commission deems detrimental to the
17 best interests of racing, or any person who violates any of the provisions of
18 this act chapter or any rule or order of the commission.
19 (3) It shall be lawful to conduct race meets on or at a race track race-
20 track, or otherwise, at any time during the week.
21 (4) Any person maintaining a license issued by the commission, who vio-
22 lates the provisions of this act chapter or the rules of the commission, may
23 have such license suspended or revoked. In addition to such suspension or
24 revocation the commission may levy a monetary penalty commensurate with the
25 gravity of the offense, not to exceed two thousand five hundred dollars
26 ($2,500). The commission, by rule shall provide a summary procedure for such
27 determination at the track, the penalty amount for specified violations, and
28 shall provide for an appeal of any summary decision to the commission. At-the-
29 track summary proceedings shall not be subject to the provisions of chapter
30 52, title 67, Idaho Code. Hearings and appeals before the commission as
31 allowed by this act chapter or the rules of the commission shall be subject to
32 chapter 52, title 67, Idaho Code, except the provisions of section 67-5254(2),
33 Idaho Code, which is inconsistent with the unique requirements of racing.
34 (5) All law enforcement officers in this state shall assist in the
35 enforcement of this act chapter and the rules of the commission.
36 SECTION 9. That Section 54-2512, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-2512. PARI-MUTUEL BETTING -- OTHER BETTING ILLEGAL. (1) Any licensee
39 conducting a race meet under this act chapter may provide a place or places in
40 the race meet grounds or enclosure at which such licensee may conduct and
41 supervise the use of the pari-mutuel system by patrons on the result of the
42 races conducted by such licensee at such race meet and, upon written applica-
43 tion by a licensee and approval by the commission, on the result of simulcast
44 and/or televised races. The commission shall issue no more than one (1)
45 license to simulcast per live race meet licensee and there shall be no more
46 simulcasting sites in the state than there are licensed live race meet sites.
47 (2) (a) Licenses authorizing simulcast and/or televised races will be
48 regulated by the commission, in addition to its other responsibilities,
49 for the purpose of enhancing, promoting, and protecting the live race
50 industry in the state of Idaho. No license authorizing simulcasting and/or
51 televised races shall be issued to or renewed for persons that are not
52 also licensed to conduct live race meets in the state of Idaho. Persons
53 applying for a simulcast and/or televised race license shall have annually
6
1 conducted live race meets in the state of Idaho during the preceding two
2 (2) calendar years, and have an agreement reached voluntarily or pursuant
3 to binding arbitration in conformance with chapter 9, title 7, Idaho Code,
4 with a horsemen's group as the term "horsemen's group" is defined in sec-
5 tion 54-2502, Idaho Code. The agreement shall address, but not be limited
6 to, number of live race days and percentage of the live race and simulcast
7 handle that is dedicated to the live horse race purse structure. Race days
8 agreed upon shall be submitted to the Idaho racing commission for its
9 approval.
10 (b) In addition to the restrictions recited in paragraph (a) of this sub-
11 section, live horse race licensees that have had an average daily live
12 race handle of more than sixty thousand dollars ($60,000) during the last
13 calendar year in operation shall not have a license authorizing
14 simulcasting and/or televised races issued or renewed if the licensee has
15 not run in the calendar year immediately preceding the year for which the
16 application for a license is being made for at least ninety percent (90%)
17 of the number of live races that were conducted by that licensee in 1989.
18 (c) The commission may issue a license authorizing simulcast and/or tele-
19 vised races to a live horse race licensee only after that licensee has
20 conducted at that facility a minimum of forty (40) live horse races in
21 each of the two (2) calendar years preceding the application for such
22 license. The requirements of this paragraph are only applicable to live
23 horse race licensees who have received their initial live horse race
24 license after April 1, 1997.
25 (3) Such pari-mutuel system conducted at such race meet shall not under
26 any circumstances, if conducted under the provisions of this act and in con-
27 formity thereto and to the rules of the commission, be held or construed to be
28 unlawful, other statutes of this state to the contrary notwithstanding.
29 (4) The participation by a licensee in an interstate combined wagering
30 pool does not cause that licensee to be considered to be doing business in any
31 jurisdiction other than the jurisdiction in which the licensee is physically
32 located.
33 (5) Pari-mutuel taxes or commissions may not be imposed on any amounts
34 wagered in an interstate combined wagering pool other than amounts wagered
35 within this jurisdiction.
36 (6) It shall be unlawful to conduct pool selling, book making, or to cir-
37 culate handbooks, or to bet or wager on a race of any licensed race meet,
38 other than by the pari-mutuel system; and it shall further be unlawful know-
39 ingly to permit any minor to use the pari-mutuel system.
40 SECTION 10. That Section 54-2513, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-2513. HORSE RACING -- DISTRIBUTIONS OF DEPOSITS -- BREAKAGE. (A) Each
43 licensee conducting the pari-mutuel system for live and simulcast horse races
44 having an average daily handle in excess of one hundred thousand dollars
45 ($100,000) shall distribute all sums deposited in any 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
7
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) shall retain the sums deposited in any pool as
8 required in subsection (A) of this section, for distribution and payment based
9 upon gross daily receipts as follows:
10 (1) One and one-quarter per cent percent (1.25%) of gross daily receipts,
11 separately stated, shall be paid to the Idaho state racing commission, for
12 deposit in the racing commission account fund, which is hereby created in
13 the state regulatory fund.
14 (2) One-half of one per cent percent (.50%) of gross daily receipts from
15 horse races, separately stated, shall be paid to the Idaho state racing
16 commission for deposit in the track distribution account fund, which is
17 hereby created in the pari-mutuel distribution fund, for further distribu-
18 tion to certain Idaho horse race tracks racetracks, defined as follows:
19 a. Recipient horse racing tracks shall be those which, during the
20 race meet year of distribution, have an average daily handle of less
21 than sixty thousand dollars ($60,000);
22 b. Distributions to recipient horse racing tracks shall be weighted
23 proportionately on the number of days raced during the year of dis-
24 tribution.
25 All moneys in the track distribution account fund are hereby continu-
26 ously appropriated to the commission for payment as required by this sec-
27 tion. Payments to horse racing tracks shall be made annually but not later
28 than December 15.
29 (3) One-half of one per cent percent (.50%) of gross daily receipts from
30 horse races, separately stated shall be paid by the licensee to the com-
31 mission for deposit in the breed distribution account fund, which is
32 hereby created in the pari-mutuel distribution fund, for payment by the
33 commission in proportion to the handle generated by each horse breed, to
34 lawfully constituted representatives of each horse breed, to benefit
35 owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter
36 horses, racing Appaloosas, racing paints and racing Arabians, subject to
37 the approval of the commission. Moneys in the breed distribution account
38 fund on December 31 of each year which have not been distributed by the
39 commission shall be paid to the public school income fund.
40 All moneys in the breed distribution account fund are hereby continu-
41 ously appropriated to the commission for payment as required by this sec-
42 tion. Payments to representatives shall be made quarterly.
43 (4) From the balance of gross daily receipts remaining with the licensee
44 after the distributions required in subsections (B)(1), (2), and (3) of
45 this section from horse races, the following amounts shall be paid or
46 retained:
47 a. From the first $20,000 of gross daily receipts, the licensee
48 shall retain the entire amount;
49 b. From the next $10,000 of gross daily receipts (gross daily
50 receipts between $20,000 and $30,000), the public school income fund
51 and the equine education account shall each receive one-eighth of one
52 per cent percent (.125%), and the licensee shall retain the balance;
53 c. From the next $10,000 of gross daily receipts (gross daily
54 receipts between $30,000 and $40,000), the public school income fund
55 and the equine education account shall each receive sixty-two and
8
1 one-half hundredths per cent percent (.625%), and the licensee shall
2 retain the balance;
3 d. From all amounts of over $40,000 of gross daily receipts, the
4 public school income fund and the equine education account shall each
5 receive one and one-eighth per cent percent (1.125%), and the licen-
6 see shall retain the balance.
7 The public schools' and the equine education account's share shall be
8 paid by the licensee to the racing commission for deposit in the public
9 school income fund or the equine education account as appropriate. The
10 licensee's percentage shall be retained by the licensee.
11 (C) Each licensee conducting the pari-mutuel system for live and simul-
12 cast horse races having an average daily handle of one hundred thousand dol-
13 lars ($100,000) or less shall distribute all sums deposited in any pool as
14 follows:
15 (1) Seventy-seven per cent percent (77%) of any win, place or show pool
16 to the winner thereof, and twenty-three per cent percent (23%) to the
17 licensee;
18 (2) Seventy-six and one-quarter per cent percent (76.25%) of all other
19 pools to the winner thereof, three-quarters of one per cent percent (.75%)
20 to the racing commission for deposit in the racing account commission
21 fund, and twenty-three per cent percent (23%) to the licensee.
22 (D) Each licensee conducting the pari-mutuel system for live and simul-
23 cast horse races shall retain twenty-three per cent percent (23%) of all sums
24 deposited in any pool, for distribution and payment based upon gross daily
25 receipts as follows:
26 (1) One and one-quarter per cent percent (1.25%) of gross daily receipts,
27 separately stated, shall be paid to the Idaho state racing commission, for
28 deposit in the racing commission account fund.
29 (2) One-half of one per cent percent (.50%) of gross daily receipts from
30 horse races, separately stated, shall be paid to the Idaho state racing
31 commission for deposit in the track distribution account fund, for further
32 distribution to certain Idaho horse race tracks, defined as follows:
33 a. Recipient horse racing tracks shall be those which, during the
34 race meet year of distribution, have an average daily handle of less
35 than sixty thousand dollars ($60,000);
36 b. Distributions to recipient horse racing tracks shall be weighted
37 proportionately on the number of days raced during the year of dis-
38 tribution.
39 All moneys in the track distribution account fund are hereby continu-
40 ously appropriated to the commission for payment as required by this sec-
41 tion. Payments to horse racing tracks shall be made annually but not later
42 than December 15.
43 (3) One-half of one per cent percent (.50%) of gross daily receipts from
44 horse races, separately stated shall be paid by the licensee to the com-
45 mission for deposit in the breed distribution account fund, for payment by
46 the commission in proportion to the handle generated by each horse breed,
47 to lawfully constituted representatives of each horse breed, to benefit
48 owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter
49 horses, racing Appaloosas, racing paints and racing Arabians, subject to
50 the approval of the commission. Moneys in the breed distribution account
51 fund on December 31 of each year which have not been distributed by the
52 commission shall be paid to the public school income fund. All moneys in
53 the breed distribution account fund are hereby continuously appropriated
54 to the commission for payment as required by this section. Payments to
55 representatives shall be made quarterly.
9
1 (4) Twenty and three-quarters per cent percent (20.75%) of gross daily
2 receipts from horse races shall be paid or retained as follows:
3 a. From the first $20,000 of gross daily receipts, the licensee
4 shall retain twenty and three-quarters per cent percent (20.75%);
5 b. From the next $10,000 of gross daily receipts (gross daily
6 receipts between $20,000 and $30,000), the public school income fund
7 and the equine education account shall each receive one-eighth of one
8 per cent percent (.125%), and the licensee shall retain twenty and
9 one-half per cent percent (20.50%);
10 c. From the next $10,000 of gross daily receipts (gross daily
11 receipts between $30,000 and $40,000), the public school income fund
12 and the equine education account shall each receive sixty-two and
13 one-half hundredths per cent percent (.625%), and the licensee shall
14 retain nineteen and one-half per cent percent (19.50%);
15 d. From all amounts of over $40,000 of gross daily receipts, the
16 public school income fund and the equine education account shall each
17 receive one and one-eighth per cent percent (1.125%), and the licen-
18 see shall retain eighteen and one-half per cent percent (18.50%).
19 The public schools' share and the equine education account's share shall
20 be paid by the licensee to the racing commission for deposit in the public
21 school income fund or the equine education account as appropriate. The
22 licensee's percentage shall be retained by the licensee.
23 (E) Each licensee may retain the odd cents of all redistribution to be
24 based on each dollar deposited exceeding a sum equal to the next lowest multi-
25 ple of ten (10), known as breakage, and the total amount of unclaimed tickets
26 at the termination of the time allowed by rule of the commission.
27 (F) If the fiscal year-end balance in the racing commission account fund
28 exceeds $400,000, the excess shall be transferred by the office of the state
29 controller to the pari-mutuel distribution fund, which is hereby created, for
30 further distribution as follows:
31 (1) Sixty per cent percent (60%) shall be deposited in the Idaho horse
32 owner/breeder award account fund, which is hereby created in the
33 pari-mutuel distribution fund, and shall be distributed by the racing com-
34 mission annually, but not later than December 15 of each year as follows:
35 a. Fifty per cent percent (50%) to the breeders of Idaho bred win-
36 ners based on the number of live races by each breed for the current
37 calendar year; and
38 b. Fifty per cent percent (50%) in equal amounts to owners of Idaho
39 bred horse race winners.
40 c. All moneys in the Idaho owner/breeder award account fund are
41 hereby continuously appropriated to the commission for payment as
42 required in this section.
43 (2) Forty per cent percent (40%) shall be deposited in the track purse
44 enhancement account fund, which is hereby created, and paid to all Idaho
45 licensed horse racetracks for the purpose of purse enhancement based on
46 the number of live race dates held the preceding calendar year. Track
47 purse enhancement moneys shall be disbursed no later than thirty (30) days
48 after Idaho state racing commission approval of live race meet license
49 applications for the forthcoming calendar year. All moneys in the track
50 purse enhancement account fund are hereby continuously appropriated to the
51 commission for payment as required by this section.
52 SECTION 11. That Section 54-2514, Idaho Code, be, and the same is hereby
53 amended to read as follows:
10
1 54-2514. DOG RACING -- DISTRIBUTION OF DEPOSITS -- BREAKAGE. (1) Each
2 licensee conducting the pari-mutuel system for simulcast or televised dog
3 races shall distribute all sums deposited in any pool as follows:
4 (a) Seventy-nine and one-half percent (79.5%) of any win, place or show
5 pool to the winner thereof, and twenty and one-half percent (20.5%) to the
6 licensee;
7 (b) Seventy-seven percent (77%) of all two (2) dog exotic wagers includ-
8 ing, but not limited to, daily doubles and quinellas to the winner
9 thereof, and twenty-three percent (23%) to the licensee;
10 (c) Seventy-five percent (75%) of all three (3) or more dog exotic wagers
11 including, but not limited to, trifecta, twin trifecta, pick three, pick
12 six and superfecta, to the winner thereof, and twenty-five percent (25%)
13 to the licensee.
14 (2) Each licensee conducting the pari-mutuel system for simulcast or
15 televised dog races shall retain the sums deposited in any pool as required in
16 subsection (1) of this section, for distribution and payment based upon gross
17 daily receipts as follows:
18 (a) One and one-quarter percent (1.25%) of gross daily receipts, sepa-
19 rately stated, shall be paid to the Idaho state racing commission for
20 deposit in the racing commission account fund.
21 (b) One percent (1%) of gross daily receipts, separately stated, shall be
22 paid to the Idaho state racing commission for payment to the county in
23 which the dog racing facility is located. The board of county commission-
24 ers shall spend such revenues only for visitor promotion.
25 (c) One-half percent (.5%) of gross daily receipts, separately stated,
26 shall be paid to the Idaho state racing commission for deposit in the
27 Idaho horse owner/breeders' and owners' award account fund in the state
28 treasury for further distribution as follows:
29 (i) Fifty percent (50%) of all moneys deposited in the Idaho horse
30 owner/breeders' and owners' award account fund shall be distributed
31 by the racing commission annually but not later than December 15, to
32 the breeders of Idaho bred winners of each approved horse race in
33 Idaho in proportion to the handle generated by each breed; and
34 (ii) Fifty percent (50%) of all moneys deposited in the Idaho horse
35 owner/breeders' and owners' award account fund shall be distributed
36 by the racing commission annually but not later than December 15, in
37 equal amounts to owners of Idaho bred horse race winners.
38 (d) From the balance of gross daily receipts remaining with the licensee
39 after the distributions required in subsections (1)(a), (b) and (c) of
40 this section from simulcast or televised dog races, the following amounts
41 shall be paid or retained:
42 (i) From the first twenty thousand dollars ($20,000) of gross daily
43 receipts, the licensee shall retain the entire amount;
44 (ii) From the next ten thousand dollars ($10,000) of gross daily
45 receipts, (gross daily receipts between twenty thousand dollars
46 ($20,000) and thirty thousand dollars ($30,000)) the public school
47 income fund shall receive one-quarter of one percent (.25%) and the
48 licensee shall retain the balance;
49 (iii) From the next ten thousand dollars ($10,000) of gross daily
50 receipts (gross daily receipts between thirty thousand dollars
51 ($30,000) and forty thousand dollars ($40,000)) the public school
52 income fund shall receive one and one-quarter percent (1.25%) and the
53 licensee shall retain the balance;
54 (iv) From all amounts of over forty thousand dollars ($40,000) of
55 gross daily receipts, the public school income fund shall receive two
11
1 and one-quarter percent (2.25%) and the licensee shall retain the
2 balance.
3 (3) Each licensee may retain the odd cents of all redistribution to be
4 based on each dollar deposited exceeding a sum equal to the next lowest multi-
5 ple of ten (10), known as breakage, and the total amount of unclaimed tickets
6 at the termination of the time allowed by rule of the commission.
7 SECTION 12. That Section 54-2515, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-2515. EXEMPTION FROM FEE PAYMENT -- PAYMENT OF SUMS DUE COMMISSION --
10 PAYMENT TO PUBLIC SCHOOL INCOME FUND. Fair boards or fair districts which con-
11 duct race meets in connection with regularly scheduled annual fairs shall be
12 exempt from payment of the fees provided in section 54-2508, Idaho Code. All
13 sums due the commission from the licensee shall be paid to and retained by the
14 commission for the payment of salaries, travel, operating costs and any other
15 expenses necessary to carry out the provisions of this act chapter, except
16 that no payment need be made for office accommodations furnished by the state:
17 provided, however, that no salary, wages, expenses or compensation of any kind
18 shall be paid by the state of Idaho for, or in connection with, the work of
19 the commission in carrying out the provisions of this act chapter. All sums
20 due the public school income fund shall be collected by the commission, and,
21 on the next business day following the receipt thereof, shall be paid to the
22 state treasurer for deposit in the public school income fund of the state
23 treasury.
STATEMENT OF PURPOSE
RS 10262C1
This proposed legislation creates the state racing advisory committee and moves
the responsibilities of the current racing commission to the lottery commission.
FISCAL IMPACT
None
Contact
Name: Rep. Loertscher, Hornbeck, Kunz, Judd, and Smylie
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 730