HS/HCS/SS/SB 373 - This act makes the following changes to the law relating to horse racing and pari-mutuel wagering:

Section 313.500 - Contains new definitions for "applicant", "associated pari-mutuel license", "associated pari-mutuel system", "breakage"; "commission on wagers", "common pari-mutuel pool"; "licensee", "Missouri bred horse", "occupational licensee"; "race" or "racing"; "race meeting", "race meeting grounds"; "simulcast" and "steward". "Commission" is re-defined to mean the Missouri Horse Racing Commission rather than the Missouri Gaming Commission.

Section 313.510 - Requires members of the Horse Racing Commission to be residents of the state and from different counties. The Governor is authorized to designate one of the members as chair of the Commission and to remove any member for malfeasance or neglect of duty in office.

Section 313.520 - Authorizes the Commission to hire an executive director and other employees. Background investigations for potential employees are authorized. A code of ethics for Commission employees is required.

Section 313.530 - Requires all licensing revenue, other than revenue designated for the Missouri Breeders Fund, to be deposited in the Missouri Horse Racing Fund. Commission expenses are to be paid out of the Fund, and any surplus will be deposited in the newly created Horse Racing for Education Fund.

Section 313.550 - Specifies that anyone testifying falsely under oath before Commission employees shall be guilty of a Class D felony.

Section 313.560 - Specifies powers of the Commission. Racing stewards are required to be certified by the Association of Racing Commissioners International.

Section 313.561 - The Commission is authorized to investigate applicants and to continue to observe the conduct of licensees and others who are materially involved with the licensee. The Commission may deny an application or condition, restrict or limit any license; any person aggrieved by such action has a right to appeal to the appropriate circuit court. Existing powers of right of entry without a search warrant and right to inspect records are specified in this section. The Commission is also authorized to levy administrative penalties of up to $2,000 per day for violations.

Section 313.562 - Requires a licensee to prove by clear and convincing evidence that it is not guilty of violations. The act provides a list of grounds for disciplinary and legal action.

Section 313.580 - Removes the current restriction on pari- mutuel wagering only within the enclosure of a licensed race track. The Commission may license an applicant to operate one or more race tracks and no more than one associated pari-mutuel facility. The Commission is required to determine whether associated pari-mutuel facilities, where simulcasting is allowed, are in the public interest and that such facilities are economically feasible. Applicants for licensing must be either residents of Missouri or incorporated, formed or organized in the state. Licenses are valid unless revoked for cause. Public funds, eminent domain, and tax increment financing are prohibited to buy, build, or operate any privately owned race meeting grounds or associated pari-mutuel wagering facilities.

Section 313.583 - Requires an application fee of $50,000 per applicant and allows the Commission to assess additional amounts if investigation costs exceed that amount. If an applicant is denied a license, a refund of the difference between the fee and the investigation costs is required. Good faith affirmative action efforts are required of all applicants.

Section 313.585 - Limits licensing associated pari-mutuel wagering to licensees with a live race track who conduct all live and simulcast races at the live race track.

Section 313.587 - Requires Commission approval of any associated pari-mutuel wagering system. The system may be physically located outside the state. The act specifies requirements for associated pari-mutuel wagering system operators.

Section 313.590 - Specifies bonding requirements for licensees.

Section 313.605 - Prohibits any financial interest in a licensee by any person or organization that has any direct or indirect financial interest in any other gaming facility or business other than a horse racing licensee.

Section 313.630 - Requires admission fees to be deposited in the Missouri Horse Racing Fund. Each licensee is also required to pay an admission fee of $2 for each person entering an associated pari-mutuel facility.

Section 313.631 - Requires licensees to keep records of number of admissions to associated facilities as well as to race meeting grounds.

Section 313.632 - Deletes current section which requires Commission approval for all contracts for the payment of money, salaries, and proposed extensions or improvements to property owned by the licensee.

Section 313.640 - Deletes current requirement for the Commission to determine fees for registration of stable names. An applicant for an occupational license must demonstrate suitability by clear and convincing evidence.

Section 313.652 - Specifies that percentage deductions from mutuel pools are only for live races of the licensee.

Section 313.655 - Changes current language relating to simulcasting horse races and authorizes licensing associated pari-mutuel facilities. The act specifies that there is no limit on the number or frequency of simulcast races at licensed race meeting grounds. The Commission may authorize a different percentage of deductions for associated pari-mutuel wagers than is required for deductions for live races. A tax is imposed on the total amount of money wagered at associated pari-mutuel facilities.

Section 313.660 - Specifies a Class C felony for conducting any form of gambling at race meeting grounds or associated pari- mutuel facilities other than pari-mutuel wagering, and specifies a Class A misdemeanor for operating pari-mutuel wagering without a license or in a manner other than as specified by law.

Section 313.662 - Allows associated pari-mutuel tickets to be cashed for up to 180 days from the date the race was made official.

Section 313.670 - Extends restriction on minors being admitted to any pari-mutuel wagering area to associated pari- mutuel facilities and prohibits allowing anyone under the age of twenty-one from wagering on any horse race.

Section 313.710 - Deletes current section which allows the Commission to establish a program to encourage owners and breeders of Missouri-bred horses.

Section 313.720 - Requires use of the Missouri Breeders Fund to establish the program formerly accomplished by section 313.710 regarding encouragement of owners and breeders of Missouri-bred horses.

The act is similar to SCS/SB 765 (1998).
RUSS HEMBREE

PART1/HSA1/HA1/HS/HCS/SS/SB 373 (HEREINAFTER REFERRED TO AS SB 373) - REQUIRES APPLICANT FOR ASSOCIATED PARI-MUTUEL WAGERING LICENSE TO CONSTRUCT A RACE MEETING GROUNDS IN THE STATE WITH A MINIMUM INVESTMENT OF $10 MILLION AND APPROVED BY THE HORSE RACING COMMISSION.

PART 2/HSA1/HA1 - REQUIRES APPLICANT FOR ASSOCIATED PARI- MUTUEL WAGERING LICENSE TO MAKE INVESTMENTS IN RACE MEETING GROUNDS OF $5 MILLION EVERY FIVE-YEAR PERIOD, UP TO A MAXIMUM OF $30 MILLION. REVENUES EXCEEDING A TEN PERCENT RETURN, AFTER EXPENSES AND TAXES, ARE REQUIRED TO BE HELD IN A SPECIAL FUND.

HSA1/HA 2 - INCREASES FROM 21 to 30 THE MINIMUM DAYS OF LIVE RACING PER DAY REQUIRED IN THE STATE AND ALLOWS THE HORSE RACING COMMISSION TO ESTABLISH A HIGHER NUMBER OF DAYS.

HSA2/HA 3 - REQUIRES 50% OF THE PROCEEDS DEPOSITED IN THE HORSE RACING FOR EDUCATION FUND TO BE TRANSFERRED TO THE SCHOOL BUILDING REVOLVING FUND AND 50% TO BE DISTRIBUTED TO SCHOOL DISTRICTS ON A PER PUPIL BASIS.

HA 4 - ADDS AS A GROUND FOR DISCIPLINARY ACTION AGAINST A LICENSEE ANY UNFAIR LABOR PRACTICES AS DEFINED BY THE NATIONAL LABOR RELATIONS ACT.

HA 5 - REQUIRES 75% OF BREAKAGE AND UNCLAIMED WINNINGS TO BE USED AS PURSE MONEY FOR SPECIAL RACES OF MISSOURI-BRED HORSES AND 25% TO BE DEPOSITED INTO THE MISSOURI BREEDERS' FUND.

HA 6 - PROHIBITS ANY FORM OF GAMBLING AT RACE MEETING GROUNDS OR ASSOCIATED PARI-MUTUEL FACILITY NOT AUTHORIZED BY LAW AND PROHIBITS ANY RACE MEETING GROUNDS OR ASSOCIATED PARI-MUTUEL FACILITIES CLOSER THAN 2000 FEET FROM AN EXISTING SCHOOL OR PLACE OF WORSHIP.

HA 8 - INCREASES THE PENALTY FOR OPERATING PARI-MUTUEL WAGERING WITHOUT A LICENSE FROM A CLASS A MISDEMEANOR TO A CLASS C FELONY AND REQUIRES LICENSEES TO HAVE LIVE RACING WITH NO FEWER THAN 8 LIVE HORSES PER DAY AND NO LESS THAN 6 ENTRIES PER RACE.