2002 Legislation
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HOUSE BILL NO. 423 – Races, minimum number, criteria

HOUSE BILL NO. 423

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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