2001 Legislation
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SENATE BILL NO. 1090 – Horse races, number conducted


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
 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
  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-
  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 / Fiscal Impact

                      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
    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
                              FISCAL IMPACT
    Contact: Earl Lilly, Chairman 
             Idaho Horse Racing Alliance
    STATEMENT OF PURPOSE/FISCAL NOTE                         S 109