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S1090......................................................by STATE AFFAIRS
HORSE RACES - Amends existing law to increase the number of live horse
races per day; and to revise the formula governing the minimum requirements
for licensure for simulcast pari-mutuel wagering.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, King-Barrutia
Floor Sponsor -- Richardson
Title apvd - to House
02/27 House intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 66-3-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Swan(Block),
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Bruneel, Smith, Wood
Absent and excused -- Denney
Floor Sponsor -- Black
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/22 Governor signed
Session Law Chapter 72
Effective: 03/22/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1090
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LICENSE TO CONDUCT HORSE RACES; AMENDING SECTION 54-2508, IDAHO
3 CODE, TO INCREASE THE NUMBER OF RACES WHICH SHALL BE CONDUCTED IN A RACE
4 DAY; AND AMENDING SECTION 54-2512, IDAHO CODE, TO REVISE THE FORMULA GOV-
5 ERNING THE MINIMUM REQUIREMENTS FOR LICENSURE FOR SIMULCAST PARI-MUTUEL
6 WAGERING AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-2508, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-2508. LICENSE -- APPLICATION THEREFOR -- TYPE AND NUMBER OF RACES --
11 FEE PER DAY -- REFUND -- CANCELLATION -- HEARING. It shall be unlawful for any
12 person to hold any race meet in this state without having first obtained and
13 having in force and effect a license issued by the commission as in this act
14 provided. Every person making application for a license to hold a race meet,
15 under the provisions of this act, shall file an application with the commis-
16 sion which shall set forth the time, place and number of days such will con-
17 tinue, an agreement with a horsemen's group as the term "horsemen's group" is
18 defined in section 54-2502, Idaho Code, and such other information as the com-
19 mission may require. The agreement shall be reached voluntarily or pursuant to
20 binding arbitration in conformance with chapter 9, title 7, Idaho Code, and
21 shall address, but not be limited to, number of live race days and percentage
22 of the live race and simulcast handle that is dedicated to the live horse race
23 purse structure. Race days agreed upon shall be submitted to the Idaho racing
24 commission for its approval.
25 No person who has been convicted of any crime involving moral turpitude
26 shall be issued a license of any kind, nor shall any license be issued to any
27 person who has violated the terms or provisions of this act, or any of the
28 rules of the commission, or who has failed to pay any of the fees, taxes or
29 moneys required under the provisions of this act.
30 All applications to hold race meets shall be submitted to the commission
31 which shall act upon such applications within thirty (30) days. The commission
32 shall be the sole judge of whether or not the race meet shall be licensed and
33 the number of days the meet shall continue.
34 The license issued shall specify the kind and character of the race meets
35 to be held, the number of days the race meet shall continue and the number of
36 races per day, which, in the event of live races, shall not be less than six
37 eight (68). The licensee shall pay in advance of the scheduled race meet to
38 the state treasurer a fee of not less than twenty-five dollars ($25.00) for
39 each day of racing, which fees shall be placed in the public school income
40 fund of the state of Idaho. Provided, that if unforeseen obstacles arise,
41 which prevent the holding, or completion of any race meet, the license fee
42 held may be refunded the licensee, if the commission deems the reason for
43 failure to hold or complete the race meet sufficient. Any unexpired license
2
1 held by any person who violates any of the provisions of this act, pursuant
2 thereto, or who fails to pay to the commission any and all sums required under
3 the provisions of this act, shall be subject to cancellation and revocation by
4 the commission. Such cancellation shall be made only after a summary hearing
5 before the commission, of which three (3) days' notice in writing shall be
6 given the licensee, specifying the grounds for the proposed cancellation, and
7 at which hearing the licensee shall be given an opportunity to be heard in
8 opposition to the proposed cancellation.
9 SECTION 2. That Section 54-2512, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-2512. PARI-MUTUEL BETTING -- OTHER BETTING ILLEGAL. (1) Any licensee
12 conducting a race meet under this act may provide a place or places in the
13 race meet grounds or enclosure at which such licensee may conduct and super-
14 vise the use of the pari-mutuel system by patrons on the result of the races
15 conducted by such licensee at such race meet and, upon written application by
16 a licensee and approval by the commission, on the result of simulcast and/or
17 televised races. The commission shall issue no more than one (1) license to
18 simulcast per live race meet licensee and there shall be no more simulcasting
19 sites in the state than there are licensed live race meet sites.
20 (2) (a) Licenses authorizing simulcast and/or televised races will be
21 regulated by the commission, in addition to its other responsibilities,
22 for the purpose of enhancing, promoting, and protecting the live race
23 industry in the state of Idaho. No license authorizing simulcasting and/or
24 televised races shall be issued to or renewed for persons that are not
25 also licensed to conduct live race meets in the state of Idaho. Persons
26 applying for a simulcast and/or televised race license shall have annually
27 conducted live race meets in the state of Idaho during the preceding two
28 (2) calendar years, and have an agreement reached voluntarily or pursuant
29 to binding arbitration in conformance with chapter 9, title 7, Idaho Code,
30 with a horsemen's group as the term "horsemen's group" is defined in sec-
31 tion 54-2502, Idaho Code. The agreement shall address, but not be limited
32 to, number of live race days and percentage of the live race and simulcast
33 handle that is dedicated to the live horse race purse structure. Race days
34 agreed upon shall be submitted to the Idaho racing commission for its
35 approval.
36 (b) In addition to the restrictions recited in paragraph (a) of this sub-
37 section, live horse race licensees that have had a total race handle from
38 both live races and simulcast races exceeding five million dollars
39 ($5,000,000) during the last calendar year in operation shall not have a
40 license authorizing simulcasting and/or televised races issued or renewed
41 if the licensee has not run in the calendar year immediately preceding the
42 year for which the application for a license is being made for at least
43 ninety percent (90%) of the number of live races days that were conducted
44 by that licensee in 1989.
45 (c) The commission may issue a license authorizing simulcast and/or tele-
46 vised races to a live horse race licensee only after that licensee has
47 conducted at that facility a minimum of forty (40) live horse races in
48 each of the two (2) calendar years preceding the application for such
49 license. The requirements of this paragraph are only applicable to live
50 horse race licensees who have received their initial live horse race
51 license after April 1, 1997.
52 (3) Such pari-mutuel system conducted at such race meet shall not under
53 any circumstances, if conducted under the provisions of this act and in con-
3
1 formity thereto and to the rules of the commission, be held or construed to be
2 unlawful, other statutes of this state to the contrary notwithstanding.
3 (4) The participation by a licensee in an interstate combined wagering
4 pool does not cause that licensee to be considered to be doing business in any
5 jurisdiction other than the jurisdiction in which the licensee is physically
6 located.
7 (5) Pari-mutuel taxes or commissions may not be imposed on any amounts
8 wagered in an interstate combined wagering pool other than amounts wagered
9 within this jurisdiction.
10 (6) It shall be unlawful to conduct pool selling, book making bookmaking,
11 or to circulate handbooks, or to bet or wager on a race of any licensed race
12 meet, other than by the pari-mutuel system; and it shall further be unlawful
13 knowingly to permit any minor to use the pari-mutuel system.
14 SECTION 3. An emergency existing therefor, which emergency is hereby
15 declared to exist, this act shall be in full force and effect on and after its
16 passage and approval.
STATEMENT OF PURPOSE
RS 10959Cl
The purpose of this proposed legislation is to amend
current law to allow race tracks that have an annual handle of
over $5 (five) million to obtain a license to simulcast as long
as they conduct at least 90 percent of the race days they
conducted in 1989 rather than conduct 90 percent of the live
races they conducted in 1989.
This legislation also amends current law to provide that
eight live races, rather than six live races, constitute a "race
day."
Due to the fact that live horse racing begins in the
spring, this legislation contains an emergency clause which will
make this legislation effective when signed into law by the
governor.
FISCAL IMPACT
None.
Contact: Earl Lilly, Chairman
Idaho Horse Racing Alliance
365-2276
STATEMENT OF PURPOSE/FISCAL NOTE S 109