2006 Legislation
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SENATE BILL NO. 1261 – Horse race meet, license applicatn

SENATE BILL NO. 1261

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S1261......................................................by STATE AFFAIRS
HORSE RACE MEET - LICENSE - Amends existing law relating to horse racing to
revise license application requirements for race meets; to revise license
specification provisions; to provide for the Simulcast Purse Moneys Fund;
and to provide rulemaking authority.
                                                                        
01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1261
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HORSE RACING; AMENDING SECTION 54-2508,  IDAHO  CODE,  TO  PROVIDE
  3        CORRECT  TERMINOLOGY,  TO REVISE LICENSE APPLICATION REQUIREMENTS FOR RACE
  4        MEETS, TO REVISE LICENSE SPECIFICATION PROVISIONS, TO PROVIDE FOR THE SIM-
  5        ULCAST PURSE MONEYS FUND, TO PROVIDE  RULEMAKING  AUTHORITY  AND  TO  MAKE
  6        TECHNICAL CORRECTIONS; 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 -- SIMULCAST PURSE MONEYS
 12    FUND. It shall be unlawful for any person to hold any race meet in this  state
 13    without  having first obtained and having in force and effect a license issued
 14    by the commission as in this act chapter provided. Every person making  appli-
 15    cation  for  a  license  to hold a race meet, under the provisions of this act
 16    chapter, shall file an application with the commission which shall  set  forth
 17    the  time,  place  and  number of days such will continue, an agreement with a
 18    horsemen's group as the term "horsemen's group" is defined in section 54-2502,
 19    Idaho Code, and such other information as  the  commission  may  require.  The
 20    agreement  shall  be reached voluntarily or pursuant to binding arbitration in
 21    conformance with chapter 9, title 7, Idaho Code, and shall address, but not be
 22    limited to, number of live race days and percentage of the live race and  sim-
 23    ulcast  handle  that  is  dedicated to the live horse race purse structure. In
 24    addition, the agreement shall provide that all simulcast purse moneys that are
 25    accrued as required by the horsemen's agreement be held in the simulcast purse
 26    moneys fund created pursuant to the provisions  of  this  section.  Race  days
 27    agreed  upon  shall  be  submitted  to  the  Idaho  racing  commission for its
 28    approval.
 29        No person who has been convicted of any crime  involving  moral  turpitude
 30    shall  be issued a license of any kind, nor shall any license be issued to any
 31    person who has violated the terms or provisions of this act chapter, or any of
 32    the rules of the commission, or who has failed to pay any of the  fees,  taxes
 33    or moneys required under the provisions of this act chapter.
 34        All  applications  to hold race meets shall be submitted to the commission
 35    which shall act upon such applications within thirty (30) days. The commission
 36    shall be the sole judge of whether or not the race meet shall be licensed  and
 37    the number of days the meet shall continue.
 38        The  license issued shall specify the kind and character of the race meets
 39    to be held, the number of days the race meet shall continue and the number  of
 40    races  per  day.  For those licensees or facilities that have had a total race
 41    handle from both live races and simulcast races exceeding five million dollars
 42    ($5,000,000) during the last calendar year in operation, the number  of  races
 43    per  day  shall  not  be  less than eight (8) and the number of days of racing
                                                                        
                                           2
                                                                        
  1    shall not be less than forty-six (46).  For those licensees or facilities that
  2    have had a total race handle from both live races and simulcast races of  five
  3    million  dollars  ($5,000,000) or less during the last calendar year in opera-
  4    tion, the number of races per day shall not be less than six (6) and the  num-
  5    ber  of  days of racing shall not be less than two (2). The licensee shall pay
  6    in advance of the scheduled race meet to the state treasurer a fee of not less
  7    than twenty-five dollars ($25.00) for each day of racing, which fees shall  be
  8    placed  in the public school income fund of the state of Idaho. Provided, that
  9    if unforeseen obstacles arise, which prevent the  holding,  or  completion  of
 10    any  race meet, the license fee held may be refunded the licensee, if the com-
 11    mission deems the reason for failure to hold or complete the race meet  suffi-
 12    cient. Any unexpired license held by any person who violates any of the provi-
 13    sions  of  this act chapter, pursuant thereto, or who fails to pay to the com-
 14    mission any and all sums required under the provisions of  this  act  chapter,
 15    shall  be  subject to cancellation and revocation by the commission. Such can-
 16    cellation shall be made only after a summary hearing before the commission, of
 17    which three (3) days' notice in writing shall be given the licensee,  specify-
 18    ing the grounds for the proposed cancellation, and at which hearing the licen-
 19    see  shall  be  given an opportunity to be heard in opposition to the proposed
 20    cancellation.
 21        The simulcast purse moneys fund is hereby created in the  state  treasury.
 22    Moneys  in  the  fund  shall  consist  of  all simulcast purse moneys that are
 23    accrued as required by horsemen's agreements. Moneys in the  fund  are  hereby
 24    perpetually appropriated to the Idaho state racing commission for distribution
 25    pursuant  to  the provisions of horsemen's agreements and rules of the commis-
 26    sion. The commission is authorized  to  promulgate  rules  providing  for  the
 27    receipt,  deposit, withdrawal and distribution of such moneys. The state trea-
 28    surer shall invest idle moneys in the fund and any interest received on  those
 29    investments shall be returned to the fund.
                                                                        
 30        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 15422

Relating to horse racing; Amending Section 54-2508, Idaho Code, 
to provide commission oversight of the simulcast purse monies to 
be held in a fund account and distributed by the commission; to 
define the number of race days.



                         FISCAL NOTE

No fiscal impact from the racing commission's dedicated fund; 
none to or from the General Fund.





CONTACT
Name:	Eugene Baker
Agency:	Racing Commission
Phone:	884-7080


STATEMENT OF PURPOSE/FISCAL NOTE	             S 1261