SCS/SBs 793 & 794 - The Missouri Horse Racing Commission or its successor agency is given the power to regulate off-track pari-mutuel wagering. Any sales promulgated under this authority will be subject to approval by the Joint Committee on Administrative Rules.

No person shall accept off-tract pari-mutuel wagers for inclusion in an interstate common pari-mutuel pool unless he has received a license from the Commission to accept such wagers.

The Commission shall not issue a license to accept off-track pari-mutuel wagering unless the applicant is licensed and runs at least twenty-one days of live racing in Missouri during a forty- five day period each year he is licensed. Each day must have an average of eight races.

During the first year of operation, the licensee may operate a maximum of 208 simulcasting days and during the second year a maximum of 312 simulcasting days. In the third consecutive year and each year thereafter, the licensee may provide simulcasts year round.

A license cannot be issued except to a facility located on or on the adjoining property of an excursion gambling boat. When the first four licenses are issued, the Commission may issue additional licenses based on compliance with this act and the economic feasibility of such operations.

A nonrefundable fee of $50,000 is required of all applicants for an off-track pari-mutuel wagering license and the applicant must pay all investigation costs. If the investigation costs exceed the total amount of fees paid by the applicant, the Commission may assess additional fees. If the applicant is denied a license, the applicant is entitled to a refund of the difference between the application fee and the actual cost of the investigation. Only Missouri residents are eligible for a license.

A licensee must agree to provide, on the request of the Commission, one and one-half percent of all commissions on wagers collected by the licensee for improving the Missouri horse racing industry by augmenting purses for horses bred in Missouri, and one percent, but not less than one hundred thousand dollars, for augmenting purses at live races operated by the licensee.

The Commission has full jurisdiction over, and shall supervise all off-track pari-mutuel wagering. This jurisdiction includes the ability to assess penalties of up to $2,000 per day for violations of Sections 1-7 of this act. Other powers and duties of the Commission are set out in the act in Section 3.

No off-track pari-mutuel licensee shall use an off-track pari-mutuel system unless the system has been approved by the Commission. In order to be approved by the Commission, a system must meet several guidelines.

The percentage of off-track pari-mutuel wagers to be deducted as a commission on wagers shall be distributed quarterly as follows:

1. Two percent shall be paid to the state.

2. One-half of one percent shall be paid to the "Missouri Elementary and Secondary Education Technology Fund", which is created for the purpose of providing training, instruction and education concerning computers and other advanced technologies to persons receiving an elementary or secondary education.

3. The remainder of the commission on wagers and the breakage shall be retained by the licensee except for the commissions on wager pursuant to subsection 8 of Section 2 of the act (1-1/2% to improve the horse racing industry in Missouri and 1%, but not less than one hundred thousand dollars for augmenting purses at live races operated by the licensee).

Weekly reports of the total amount of money wagered shall be filed with the Commission.

The operation of an off-track pari-mutuel wagering facility without a license or accepting wagers other than as permitted by this act is a Class A misdemeanor.
TOM MORTON