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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
]]]] 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
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