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H0423........................................................by MR. SPEAKER
HORSE RACING - Amends existing law relating to horse racing to revise the
criteria for the minimum number of races that must be conducted per day
depending on whether the race handle exceeded five million dollars during
the last calendar year or was five million dollars or less during the last
calendar year.
01/07 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/15 Rpt out - rec d/p - to 2nd rdg
01/16 2nd rdg - to 3rd rdg
01/17 3rd rdg - PASSED - 64-0-6
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bieter, Callister, Cuddy, Hornbeck, Roberts,
Sellman
Floor Sponsor - Newcomb
Title apvd - to Senate
01/18 Senate intro - 1st rdg - to St Aff
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler
NAYS -- None
Absent and excused -- Frasure, Goedde, Marley, Sandy, Williams
Floor Sponsor - Darrington
Title apvd - to House
02/22 To enrol
02/25 Rpt enrol - Sp signed
02/26 Pres signed
02/27 To Governor
03/04 Governor signed
Session Law Chapter 56
Effective: 03/04/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 423
BY MR. SPEAKER
1 AN ACT
2 RELATING TO A LICENSE TO CONDUCT HORSE RACES; AMENDING SECTION 54-2508, IDAHO
3 CODE, TO REVISE THE CRITERIA FOR THE MINIMUM NUMBER OF RACES THAT MUST BE
4 CONDUCTED PER DAY DEPENDING IF THE RACE HANDLE EXCEEDED FIVE MILLION DOL-
5 LARS DURING THE LAST CALENDAR YEAR OR WAS FIVE MILLION DOLLARS OR LESS
6 DURING THE LAST CALENDAR YEAR; 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 eight
37 (8). For those licensees that have had a total race handle from both live
38 races and simulcast races exceeding five million dollars ($5,000,000) during
39 the last calendar year in operation, the number of races per day shall not be
40 less than eight (8). For those licensees that have had a total race handle
41 from both live races and simulcast races of five million dollars ($5,000,000)
42 or less during the last calendar year in operation, the number of races per
43 day shall not be less than six (6). The licensee shall pay in advance of the
2
1 scheduled race meet to the state treasurer a fee of not less than twenty-five
2 dollars ($25.00) for each day of racing, which fees shall be placed in the
3 public school income fund of the state of Idaho. Provided, that if unforeseen
4 obstacles arise, which prevent the holding, or completion of any race meet,
5 the license fee held may be refunded the licensee, if the commission deems the
6 reason for failure to hold or complete the race meet sufficient. Any unexpired
7 license held by any person who violates any of the provisions of this act,
8 pursuant thereto, or who fails to pay to the commission any and all sums
9 required under the provisions of this act, shall be subject to cancellation
10 and revocation by the commission. Such cancellation shall be made only after a
11 summary hearing before the commission, of which three (3) days' notice in
12 writing shall be given the licensee, specifying the grounds for the proposed
13 cancellation, and at which hearing the licensee shall be given an opportunity
14 to be heard in opposition to the proposed cancellation.
15 SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.
STATEMENT OF PURPOSE
RS 11488
The purpose of this proposed legislation is to amend current law to
require race tracks that have an annual handle of over five million
dollars annually to have not less than eight races per day. For
those race tracks that have had a total race handle from both live
races and simulcast races of five million dollars or less during the
last calendar year in operation, the number of races per day shall not
be less than six.
This legislation contains an emergency clause which will make this
legislation effective when signed into law by the governor.
FISCAL NOTE
None.
CONTACT:
Speaker Bruce Newcomb
Idaho House of Prepresentatives
332-1111
STATEMENT OF PURPOSE/FISCAL NOTE H0423