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

Only persons licensed by the Commission shall accept off- track pari-mutuel wagers. The Commission shall issue no more than five such licenses, and shall issue all licenses to a licensee operating a horse racing track in Missouri which has at least 30 days of live horse racing a year. If the holder of the first five licenses does not operate all five off-track pari- mutuel wagering facilities within four years of the opening and operation of the first wagering facility, the Commission may issue no more than four additional licenses.

Each license authorizes the holder to receive simulcasts at the off-track pari-mutuel wagering facility and accept wagers for inclusion in an interstate common pari-mutuel pool. 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 condition of licensing shall be that the licensee agree to provide to the Commission 1.5% of all wagers collected by the licensee. Twenty-five percent of the money received by the Commission may be used for interest free loans for applicants to build horse racing tracks in this state. The remaining 75% may be used to augment horse racing purses.

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 violation of this act. The Commission may not issue a license outside the 100 mile radius of the statistical metropolitan area, as designated by the federal Office of Management and Budget, with a population of 900,000 or more.

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. 2 1/2% shall be paid to the state. 2. Remainder to be retained 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.

This act is similar to SB 449 (1995) and SB 793 (1996).
TOM CRAWFORD