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1 | - | 25.0647.02003 | |
2 | - | Title.03000 | |
3 | - | Adopted by the Judiciary Committee | |
1 | + | 25.0647.02000 | |
4 | 2 | Sixty-ninth | |
5 | - | February 10, 2025 | |
6 | 3 | Legislative Assembly | |
7 | 4 | of North Dakota | |
8 | 5 | Introduced by | |
9 | 6 | Senators Myrdal, Sorvaag, Thomas | |
10 | - | A BILL for an Act to create and enact twothree new sections to chapter 53-06.2 of the North | |
11 | - | Dakota Century Code, relating to historic horse race wagering and, pari-mutuel horse racing, | |
12 | - | and the establishment of the racing commission fund; and to amend and reenact sections | |
13 | - | 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-06, 53-06.2-07, 53-06.2-08, 53-06.2-10, | |
14 | - | 53-06.2-10.1, and 53-06.2-11 of the North Dakota Century Code, relating to the authorization of | |
15 | - | historic horse race wagering and on August 1, 2027, the elimination of simulcast dog racing | |
16 | - | under the certificate system; and to provide an effective date. | |
7 | + | A BILL for an Act to create and enact two new sections to chapter 53-06.2 of the North Dakota | |
8 | + | Century Code, relating to historic horse race wagering and pari-mutuel horse racing; and to | |
9 | + | amend and reenact sections 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-06, 53-06.2-07, | |
10 | + | 53-06.2-08, 53-06.2-10, 53-06.2-10.1, and 53-06.2-11 of the North Dakota Century Code, | |
11 | + | relating to the authorization of historic horse race wagering and the elimination of simulcast dog | |
12 | + | racing under the certificate system. | |
17 | 13 | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: | |
18 | 14 | SECTION 1. AMENDMENT. Section 53-06.2-01 of the North Dakota Century Code is | |
19 | 15 | amended and reenacted as follows: | |
20 | 16 | 53-06.2-01. Definitions. | |
21 | 17 | As used in this chapter: | |
22 | 18 | 1."Association" means a person licensed by the racing commission conducting | |
23 | 19 | pari - mutuel wagering. | |
24 | 20 | 2."Breeders' fund" means a fund, administered by the commission, established to | |
25 | 21 | financially reward breeders or owners of North Dakota-bred horses to be paid in | |
26 | 22 | accordance with rules as approved by the commission. | |
27 | 23 | 2.3."Certificate system" means the system of betting described in section 53-06.2-10. | |
28 | - | Page No. 1 25.0647.02003 | |
24 | + | 3.4."Charitable organization" means a nonprofit organization operated for the relief of | |
25 | + | poverty, distress, or other conditions of public concern in this state and has been so | |
26 | + | engaged in this state for at least two years. | |
27 | + | 4.5."Civic and service club" means a branch, lodge, or chapter of a nonprofit national or | |
28 | + | state organization that is authorized by its written constitution, charter, articles of | |
29 | + | incorporation, or bylaws to engage in a civic or service purpose in this state and has | |
30 | + | so existed in this state for at least two years. The term includes a similar local | |
31 | + | Page No. 1 25.0647.02000 | |
29 | 32 | SENATE BILL NO. 2347 | |
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50 | - | 3.4."Charitable organization" means a nonprofit organization operated for the relief of | |
51 | - | poverty, distress, or other conditions of public concern in this state and has been so | |
52 | - | engaged in this state for at least two years. | |
53 | - | 4.5."Civic and service club" means a branch, lodge, or chapter of a nonprofit national or | |
54 | - | state organization that is authorized by its written constitution, charter, articles of | |
55 | - | incorporation, or bylaws to engage in a civic or service purpose in this state and has | |
56 | - | so existed in this state for at least two years. The term includes a similar local | |
57 | 59 | nonprofit organization, not affiliated with a state or national organization, which is so | |
58 | 60 | recognized by a resolution adopted by the governing body of the local jurisdiction in | |
59 | 61 | which the organization conducts its principal activities, and which has existed in this | |
60 | 62 | state for at least two years. | |
61 | 63 | 5.6."Commission" means the North Dakota racing commission. | |
62 | 64 | 6.7."Equine racing facility" means a horse racing facility that conducts at least eight live | |
63 | 65 | horse races in a calendar year and which has a minimum racing infrastructure | |
64 | 66 | consisting of: | |
65 | - | a.A six-furlong [1207.01 meters] five-furlong [1005.84 meters] dirt track for flat | |
66 | - | racing; | |
67 | + | a.A six-furlong [1207.01 meters] dirt track for flat racing; | |
67 | 68 | b.Capacity for no fewer than five hundred individuals; and | |
68 | 69 | c.Barns with no fewer than fifty permanent stalls. | |
69 | 70 | 8."Executive director" means the executive director of the commission. | |
70 | 71 | 7.9."Fraternal organization" means a nonprofit organization in this state, which is a | |
71 | 72 | branch, lodge, or chapter of a national or state organization and exists for the common | |
72 | 73 | business, brotherhood, or other interests of its members, and has so existed in this | |
73 | 74 | state for two years. The term does not include a college or high school fraternity. | |
74 | 75 | 10."Historic horse race" means any horse race that was previously conducted by a | |
75 | 76 | licensed pari-mutuel facility, concluded with official results, and concluded without | |
76 | 77 | scratches, disqualifications, and dead-heat finishes. | |
77 | 78 | 8.11."Local jurisdiction" means, with respect to a site inside the city limits of a city, that city, | |
78 | 79 | and with respect to a site not inside the city limits of a city, the county in which the site | |
79 | 80 | is located. | |
80 | - | Page No. 2 25.0647.02003 | |
81 | + | 9.12."Other public-spirited organization" means a nonprofit organization recognized by the | |
82 | + | governing body of the appropriate local jurisdiction by resolution as public-spirited and | |
83 | + | eligible under this chapter. | |
84 | + | 10.13."Pari-mutuel wagering" means a method of wagering approved by the commission in | |
85 | + | which one or more patrons wager on a horse race, whether live, simulcast, or historic | |
86 | + | horse race. | |
87 | + | 14."Purse fund" means a fund, administered by the commission, established to | |
88 | + | supplement and improve purses offered at racetracks within the state. | |
89 | + | Page No. 2 25.0647.02000 | |
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112 | - | 9.12."Other public-spirited organization" means a nonprofit organization recognized by the | |
113 | - | governing body of the appropriate local jurisdiction by resolution as public-spirited and | |
114 | - | eligible under this chapter. | |
115 | - | 10.13."Pari-mutuel wagering" means a method of wagering approved by the commission in | |
116 | - | which one or more patrons wager on a horse race, whether live, simulcast, or historic | |
117 | - | horse race. | |
118 | - | 14."Purse fund" means a fund, administered by the commission, established to | |
119 | - | supplement and improve purses offered at racetracks within the state. | |
120 | 121 | 11.15."Racing" means live or simulcast horse racing under the certificate system or | |
121 | 122 | simulcast dog racing under the certificate system. | |
122 | 123 | 12.16."Racing promotion fund" means a fund administered by the commission established to | |
123 | 124 | assist in improving and upgrading racetracks in the state, promoting horse racing in | |
124 | 125 | the state, and developing new racetracks in the state as necessary and approved by | |
125 | 126 | the commission. | |
126 | 127 | 13.17."Religious organization" means a nonprofit organization, church, body of | |
127 | 128 | communicants, or group gathered in common membership for mutual support and | |
128 | 129 | edification in piety, worship, and religious observances, and which has been so | |
129 | 130 | gathered or united in this state for at least two years. | |
130 | 131 | 14.18."Veterans' organization" means a congressionally chartered organization in this state, | |
131 | 132 | or a branch, lodge, or chapter of a nonprofit national or state organization in this state, | |
132 | 133 | the membership of which consists of individuals who were members of the armed | |
133 | 134 | services or forces of the United States, and which has so been in existence in this | |
134 | 135 | state for at least two years. | |
135 | - | SECTION 2. AMENDMENT. Section 53-06.2-01 of the North Dakota Century Code is | |
136 | - | amended and reenacted as follows: | |
137 | - | 53-06.2-01. Definitions. | |
138 | - | As used in this chapter: | |
139 | - | 1."Association" means a person licensed by the racing commission conducting | |
140 | - | pari-mutuel wagering. | |
141 | - | Page No. 3 25.0647.02003 | |
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172 | - | 2."Breeders' fund" means a fund, administered by the commission, established to | |
173 | - | financially reward breeders or owners of North Dakota-bred horses to be paid in | |
174 | - | accordance with rules as approved by the commission. | |
175 | - | 3."Certificate system" means the system of betting described in section 53-06.2-10. | |
176 | - | 4."Charitable organization" means a nonprofit organization operated for the relief of | |
177 | - | poverty, distress, or other conditions of public concern in this state and has been so | |
178 | - | engaged in this state for at least two years. | |
179 | - | 5."Civic and service club" means a branch, lodge, or chapter of a nonprofit national or | |
180 | - | state organization that is authorized by its written constitution, charter, articles of | |
181 | - | incorporation, or bylaws to engage in a civic or service purpose in this state and has | |
182 | - | so existed in this state for at least two years. The term includes a similar local | |
183 | - | nonprofit organization, not affiliated with a state or national organization, which is so | |
184 | - | recognized by a resolution adopted by the governing body of the local jurisdiction in | |
185 | - | which the organization conducts its principal activities, and which has existed in this | |
186 | - | state for at least two years. | |
187 | - | 6."Commission" means the North Dakota racing commission. | |
188 | - | 7."Equine racing facility" means a horse racing facility that conducts at least eight live | |
189 | - | horse races in a calendar year and which has a minimum racing infrastructure | |
190 | - | consisting of: | |
191 | - | a.A five-furlong [1005.84 meters] dirt track for flat racing; | |
192 | - | b.Capacity for no fewer than five hundred individuals; and | |
193 | - | c.Barns with no fewer than fifty permanent stalls. | |
194 | - | 8."Executive director" means the executive director of the commission. | |
195 | - | 9."Fraternal organization" means a nonprofit organization in this state, which is a | |
196 | - | branch, lodge, or chapter of a national or state organization and exists for the common | |
197 | - | business, brotherhood, or other interests of its members, and has so existed in this | |
198 | - | state for two years. The term does not include a college or high school fraternity. | |
199 | - | 10."Historic horse race" means any horse race that was previously conducted by a | |
200 | - | licensed pari-mutuel facility, concluded with official results, and concluded without | |
201 | - | scratches, disqualifications, and dead-heat finishes. | |
202 | - | Page No. 4 25.0647.02003 | |
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234 | - | 11."Local jurisdiction" means, with respect to a site inside the city limits of a city, that city, | |
235 | - | and with respect to a site not inside the city limits of a city, the county in which the site | |
236 | - | is located. | |
237 | - | 12."Other public-spirited organization" means a nonprofit organization recognized by the | |
238 | - | governing body of the appropriate local jurisdiction by resolution as public-spirited and | |
239 | - | eligible under this chapter. | |
240 | - | 13."Pari-mutuel wagering" means a method of wagering approved by the commission in | |
241 | - | which one or more patrons wager on a horse race, whether live, simulcast, or historic | |
242 | - | horse race. | |
243 | - | 14."Purse fund" means a fund, administered by the commission, established to | |
244 | - | supplement and improve purses offered at racetracks within the state. | |
245 | - | 15."Racing" means live or simulcast horse racing under the certificate system or | |
246 | - | simulcast dog racing under the certificate system. | |
247 | - | 16."Racing promotion fund" means a fund administered by the commission established to | |
248 | - | assist in improving and upgrading racetracks in the state, promoting horse racing in | |
249 | - | the state, and developing new racetracks in the state as necessary and approved by | |
250 | - | the commission. | |
251 | - | 17."Religious organization" means a nonprofit organization, church, body of | |
252 | - | communicants, or group gathered in common membership for mutual support and | |
253 | - | edification in piety, worship, and religious observances, and which has been so | |
254 | - | gathered or united in this state for at least two years. | |
255 | - | 18."Veterans' organization" means a congressionally chartered organization in this state, | |
256 | - | or a branch, lodge, or chapter of a nonprofit national or state organization in this state, | |
257 | - | the membership of which consists of individuals who were members of the armed | |
258 | - | services or forces of the United States, and which has so been in existence in this | |
259 | - | state for at least two years. | |
260 | - | SECTION 3. AMENDMENT. Section 53-06.2-04 of the North Dakota Century Code is | |
136 | + | SECTION 2. AMENDMENT. Section 53-06.2-04 of the North Dakota Century Code is | |
261 | 137 | amended and reenacted as follows: | |
262 | 138 | 53-06.2-04. Duties of commission. | |
263 | 139 | The commission shall: | |
264 | 140 | 1.Provide for racing and wagering under the certificate system. | |
265 | - | Page No. 5 25.0647.02003 | |
141 | + | 2.Set racing dates. | |
142 | + | 3.Adopt rules for effectively preventing the use of any substance, compound items, or | |
143 | + | combinations of any medicine, narcotic, stimulant, depressant, or anesthetic which | |
144 | + | could alter the normal performance of a racehorse, unless specifically authorized by | |
145 | + | the commission. | |
146 | + | 4.Supervise and check the making of pari-mutuel pools, pari-mutuel machines, and | |
147 | + | equipment at all races held for wagering under the certificate system. | |
148 | + | 5.Adopt rules governing, restricting, or regulating bids on licensees' concessions and | |
149 | + | leases on equipment. | |
150 | + | 6.Consider all proposed extensions, additions, or improvements to the buildings, | |
151 | + | stables, or tracks on property owned or leased by a licensee. | |
152 | + | Page No. 3 25.0647.02000 | |
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298 | - | 2.Set racing dates. | |
299 | - | 3.Adopt rules for effectively preventing the use of any substance, compound items, or | |
300 | - | combinations of any medicine, narcotic, stimulant, depressant, or anesthetic which | |
301 | - | could alter the normal performance of a racehorse, unless specifically authorized by | |
302 | - | the commission. | |
303 | - | 4.Supervise and check the making of pari-mutuel pools, pari-mutuel machines, and | |
304 | - | equipment at all races held for wagering under the certificate system. | |
305 | - | 5.Adopt rules governing, restricting, or regulating bids on licensees' concessions and | |
306 | - | leases on equipment and governing historic horse racing. | |
307 | - | 6.Consider all proposed extensions, additions, or improvements to the buildings, | |
308 | - | stables, or tracks on property owned or leased by a licensee. | |
309 | 185 | 7.Exclude from racetracks or simulcast pari-mutuel wagering facilities any | |
310 | 186 | personindividual who violates any rule of the commission or any law. | |
311 | 187 | 8.Determine the cost of inspections performed under subsection 3 of section 53-06.2-05 | |
312 | 188 | and require the licensee to pay that cost. | |
313 | 189 | 9.Report biennially to the legislative council regarding the operation of the commission. | |
314 | 190 | 10.Provide notice to the North Dakota horsemen's council of meetings held by the | |
315 | 191 | commission and permit the North Dakota horsemen's council to participate in the | |
316 | 192 | meetings through placement of items on the agenda. | |
317 | 193 | 11.Complete, distribute, and post on the commission's website the minutes of each | |
318 | 194 | commission meeting within thirty days of that meeting or before the next meeting of | |
319 | 195 | the commission, whichever occurs first. | |
320 | - | SECTION | |
196 | + | SECTION 3. AMENDMENT. Section 53-06.2-05 of the North Dakota Century Code is | |
321 | 197 | amended and reenacted as follows: | |
322 | 198 | 53-06.2-05. Powers of commission. | |
323 | 199 | The commission may: | |
324 | 200 | 1.Compel the production of all documents showing the receipts and disbursements of | |
325 | 201 | any licensee and determine the manner in which such financial records are to be kept. | |
326 | 202 | 2.Investigate the operations of any licensee and enter any vehicle or place of business, | |
327 | 203 | residence, storage, or racing of any licensee on the grounds of a licensed association | |
328 | 204 | to determine whether there has been compliance with the provisions of this chapter | |
329 | - | Page No. 6 25.0647.02003 | |
205 | + | and rules adopted under this chapter, and to discover and seize any evidence of | |
206 | + | noncompliance. | |
207 | + | 3.Request appropriate state officials to perform inspections necessary for the health and | |
208 | + | safety of spectators, employees, participants, and horses that are lawfully on a | |
209 | + | racetrack. | |
210 | + | 4.License all participants in the racing and simulcast pari-mutuel wagering industry and | |
211 | + | require and obtain information the commission deems necessary from license | |
212 | + | applicants. Licensure of service providers, totalizator companies, site operators, and | |
213 | + | organizationsentities applying to conduct or conducting pari-mutuel wagering must be | |
214 | + | approved by the attorney general. The attorney general may not grant a license | |
215 | + | denied by the commission. The commission may obtain a statewide and nationwide | |
216 | + | Page No. 4 25.0647.02000 | |
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362 | - | and rules adopted under this chapter, and to discover and seize any evidence of | |
363 | - | noncompliance. | |
364 | - | 3.Request appropriate state officials to perform inspections necessary for the health and | |
365 | - | safety of spectators, employees, participants, and horses that are lawfully on a | |
366 | - | racetrack. | |
367 | - | 4.License all participants in the racing and, simulcast, advance deposit wagering, and | |
368 | - | historic horse race pari-mutuel wagering industry and require and obtain information | |
369 | - | the commission deems necessary from license applicants. Licensure of service | |
370 | - | providers, totalizator companies, site operators, and organizationsentities applying to | |
371 | - | conduct or conducting pari-mutuel wagering must be approved by the attorney | |
372 | - | general. The attorney general may not grant a license denied by the commission. The | |
373 | - | commission may obtain a statewide and nationwide criminal history record check from | |
374 | - | the bureau of criminal investigation for the purpose of determining suitability or fitness | |
375 | - | for a license. The nationwide check must be conducted in the manner provided in | |
376 | - | section 12-60-24. All costs associated with obtaining a background check are the | |
377 | - | responsibility of the applicant for a license. | |
249 | + | criminal history record check from the bureau of criminal investigation for the purpose | |
250 | + | of determining suitability or fitness for a license. The nationwide check must be | |
251 | + | conducted in the manner provided in section 12-60-24. All costs associated with | |
252 | + | obtaining a background check are the responsibility of the applicant for a license. | |
378 | 253 | 5.Receive moneys from the North Dakota horse racing foundation for deposit in the | |
379 | 254 | purse fund, breeders' fund, or racing promotion fund in accordance with subsection 6 | |
380 | 255 | of section 53-06.2-11. | |
381 | 256 | 6.Adopt additional rules for the administration, implementation, and regulation of | |
382 | 257 | activities conducted pursuant to this chapter. The commission shall deposit any fees | |
383 | 258 | collected under authority of this subsection in the racing commission operating fund. | |
384 | 259 | Subject to legislative appropriation, the commission may spend the fees for operating | |
385 | 260 | costs of the commission. | |
386 | - | SECTION | |
261 | + | SECTION 4. AMENDMENT. Section 53-06.2-06 of the North Dakota Century Code is | |
387 | 262 | amended and reenacted as follows: | |
388 | 263 | 53-06.2-06. Organizations eligible to conduct racing and simulcastassist in | |
389 | 264 | conducting pari-mutuel wagering. | |
390 | 265 | Civic and service clubs; charitable, fraternal, religious, and veterans' organizations; and | |
391 | 266 | other public-spirited | |
392 | - | Page No. 7 25.0647.02003 | |
267 | + | 1.Public-spirited organizations the primary purpose of which is for equine education, | |
268 | + | community recreation, and economic development may be licensed to conduct racing | |
269 | + | and simulcast assist in conducting pari-mutuel wagering as authorized by this chapter. | |
270 | + | 2.The following types of organizations may be licensed to conduct pari - mutuel wagering | |
271 | + | under this chapter: | |
272 | + | a.Civic and service clubs; | |
273 | + | b.Charitable, fraternal, religious, and veterans' organizations; and | |
274 | + | c.Other public-spirited organizations. | |
275 | + | SECTION 5. AMENDMENT. Section 53-06.2-07 of the North Dakota Century Code is | |
276 | + | amended and reenacted as follows: | |
277 | + | Page No. 5 25.0647.02000 | |
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422 | - | 30 Sixty-ninth | |
305 | + | 28 Sixty-ninth | |
423 | 306 | Legislative Assembly | |
424 | - | 1.Public-spirited organizations the primary purpose of which is for equine education, | |
425 | - | community recreation, and economic development may be licensed to conduct racing | |
426 | - | and simulcast assist in conducting pari-mutuel wagering as authorized by this chapter. | |
427 | - | 2.The following types of organizations may be licensed to conduct simulcast pari - mutuel | |
428 | - | wagering under this chapter: | |
429 | - | a.Civic and service clubs; | |
430 | - | b.Charitable, fraternal, religious, and veterans' organizations; and | |
431 | - | c.Other public-spirited organizations. | |
432 | - | SECTION 6. AMENDMENT. Section 53-06.2-07 of the North Dakota Century Code is | |
433 | - | amended and reenacted as follows: | |
434 | 307 | 53-06.2-07. Issuance of racing licenses - Applications. | |
435 | 308 | 1.On compliance by an applicant with this chapter and the approval of the attorney | |
436 | 309 | general, the commission may issue a license to conduct races. The attorney general | |
437 | 310 | may not grant a license denied by the commission. | |
438 | 311 | 2.An application for a license to conduct a racing meet must be signed under oath and | |
439 | 312 | filed with the commission. The application must contain at least the following: | |
440 | 313 | a.The name and post-office address of the applicant. | |
441 | 314 | b.The location of the racetrack and whether it is owned or leased. If the racetrack is | |
442 | 315 | leased, a copy of the lease must be included. | |
443 | 316 | c.A statement of the applicant's previous history and association sufficient to | |
444 | 317 | establish that the applicant is an eligible organization. | |
445 | 318 | d.The time, place, and number of days the racing meet is proposed to be | |
446 | 319 | conducted. | |
447 | 320 | e.The type of racing to be conducted. | |
448 | 321 | f.Other information the commission requires. | |
449 | 322 | 3.At least thirty days before the commission issues or renews a license to conduct | |
450 | 323 | races, the applicant shall deliver a complete copy of the application to the local | |
451 | 324 | jurisdiction governing body. The application to the commission must include a | |
452 | 325 | certificate verified by a representative of the applicant, indicating delivery of the | |
453 | 326 | application copy to the governing body. If the governing body of the local jurisdiction | |
454 | 327 | adopts a resolution disapproving the application for license or renewal and so informs | |
455 | - | Page No. 8 25.0647.02003 | |
328 | + | the executive director within thirty days of receiving a copy of the application, the | |
329 | + | license to conduct races may not be issued or renewed. | |
330 | + | 4.A licensee, including a totalizator provider or service provider, may not offer bets or | |
331 | + | wagers on dog races. | |
332 | + | SECTION 6. AMENDMENT. Section 53-06.2-08 of the North Dakota Century Code is | |
333 | + | amended and reenacted as follows: | |
334 | + | 53-06.2-08. License authorization and fees. | |
335 | + | 1.Each license issued under the certificate system must describe the place, track, or | |
336 | + | racecourse at which the licensee may hold races. Every license must specify the | |
337 | + | number of days the licensed races may continue, the hours during which racing may | |
338 | + | Page No. 6 25.0647.02000 | |
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485 | 368 | 30 | |
486 | 369 | 31 Sixty-ninth | |
487 | 370 | Legislative Assembly | |
488 | - | the executive director within thirty days of receiving a copy of the application, the | |
489 | - | license to conduct races may not be issued or renewed. | |
490 | - | 4. A licensee, including a totalizator provider or service provider, may not offer bets or | |
491 | - | wagers on dog races. | |
492 | - | SECTION 7. AMENDMENT. Section 53-06.2-07 of the North Dakota Century Code is | |
493 | - | amended and reenacted as follows: | |
494 | - | 53-06.2-07. Issuance of racing licenses - Applications. | |
495 | - | 1.On compliance by an applicant with this chapter and the approval of the attorney | |
496 | - | general, the commission may issue a license to conduct races. The attorney general | |
497 | - | may not grant a license denied by the commission. | |
498 | - | 2.An application for a license to conduct a racing meet must be signed under oath and | |
499 | - | filed with the commission. The application must contain at least the following: | |
500 | - | a.The name and post-office address of the applicant. | |
501 | - | b.The location of the racetrack and whether it is owned or leased. If the racetrack is | |
502 | - | leased, a copy of the lease must be included. | |
503 | - | c.A statement of the applicant's previous history and association sufficient to | |
504 | - | establish that the applicant is an eligible organization. | |
505 | - | d.The time, place, and number of days the racing meet is proposed to be | |
506 | - | conducted. | |
507 | - | e.Other information the commission requires. | |
508 | - | 3.At least thirty days before the commission issues or renews a license to conduct | |
509 | - | races, the applicant shall deliver a complete copy of the application to the local | |
510 | - | jurisdiction governing body. The application to the commission must include a | |
511 | - | certificate verified by a representative of the applicant, indicating delivery of the | |
512 | - | application copy to the governing body. If the governing body of the local jurisdiction | |
513 | - | adopts a resolution disapproving the application for license or renewal and so informs | |
514 | - | the executive director within thirty days of receiving a copy of the application, the | |
515 | - | license to conduct races may not be issued or renewed. | |
516 | - | 4. A licensee, including a totalizator provider or service provider, may not offer bets or | |
517 | - | wagers on dog races. | |
518 | - | Page No. 9 25.0647.02003 | |
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548 | - | 30 Sixty-ninth | |
549 | - | Legislative Assembly | |
550 | - | SECTION 8. AMENDMENT. Section 53-06.2-08 of the North Dakota Century Code is | |
551 | - | amended and reenacted as follows: | |
552 | - | 53-06.2-08. License authorization and fees. | |
553 | - | 1.Each license issued under the certificate system must describe the place, track, or | |
554 | - | racecourse at which the licensee may hold races. Every license must specify the | |
555 | - | number of days the licensed races may continue, the hours during which racing may | |
556 | 371 | be conducted, and the number of races that may be held each day. Races authorized | |
557 | 372 | under this chapter may be held during the hours approved by the commission and | |
558 | - | within the hours permitted by state law. | |
559 | - | 2. Wagering on historic horse races may be conducted on : | |
560 | - | a. At only one equine racing facility in the state. | |
561 | - | b. On any day, regardless of whether live racing or simulcasting is taking place. | |
562 | - | 2.3.The commission may charge a license fee for racing commensurate with the size and | |
373 | + | within the hours permitted by state law. Wagering on historic horse races may be | |
374 | + | conducted on any day, regardless of whether live racing or simulcasting is taking | |
375 | + | place. | |
376 | + | 2.The commission may charge a license fee for racing commensurate with the size and | |
563 | 377 | attendance of the race meet. | |
564 | - | 3 | |
378 | + | 3.Each applicant for a license under this chapter shall give bond or a letter of credit | |
565 | 379 | payable to this state with good security as approved by the commission. The bond or | |
566 | 380 | letter of credit must be in the amount the commission determines will adequately | |
567 | 381 | protect the amount normally due and owing to this state in a regular payment period | |
568 | 382 | or, in the case of new or altered conditions, based on the projected revenues. | |
569 | - | 4 | |
383 | + | 4.The commission may grant licenses to horse owners, jockeys, riders, agents, trainers, | |
570 | 384 | grooms, stable foremen, exercise workers, veterinarians, valets, concessionaires, | |
571 | 385 | service providers, employees of racing associations, and such other persons as | |
572 | 386 | determined by the commission. Licensure of service providers, totalizator companies, | |
573 | 387 | site operators, and organizations applying to conduct or conducting pari-mutuel | |
574 | 388 | wagering must be approved by the attorney general. The attorney general may not | |
575 | 389 | grant a license denied by the commission. License fees are as established by the | |
576 | 390 | commission. | |
577 | - | 5 | |
391 | + | 5.The commission may establish the period of timeterm for which licenses issued under | |
578 | 392 | this chapter are valid. | |
579 | - | Page No. 10 25.0647.02003 | |
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607 | - | 28 | |
608 | - | 29 Sixty-ninth | |
609 | - | Legislative Assembly | |
610 | - | 6.7.The commission shall deposit all fees collected under this section in the racing | |
393 | + | 6.The commission shall deposit all fees collected under this section in the racing | |
611 | 394 | commission operating fund. Subject to legislative appropriation, the commission may | |
612 | 395 | spend the fees for operating costs of the commission. | |
613 | - | SECTION | |
396 | + | SECTION 7. AMENDMENT. Section 53-06.2-10 of the North Dakota Century Code is | |
614 | 397 | amended and reenacted as follows: | |
615 | 398 | 53-06.2-10. Certificate system - Rules. | |
616 | 399 | The certificate system allows a licensee to receive money from any person present aton a | |
617 | - | live, simulcast, or historic horse or dog race, simulcast horse race, or simulcast dog race who | |
618 | - | desires to bet on any entry in that race. A person betting on an entry to win acquires an interest | |
619 | - | in the total money bet on all entries in the race, in proportion to the amount of money bet by that | |
620 | - | person, under rules adopted by the commission. The licensee shall receive the bets and for | |
621 | - | each bet on a live or simulcast horse race shall issue a certificate to the bettor on which is at | |
622 | - | least shown the number of the race, the amount bet, and the number or name of the entry | |
623 | - | selected by the bettor. A certificate may not be issued for a wager on a historic horse race . The | |
624 | - | commission may adopt rules for place, show, quinella, combination, or other types of betting | |
625 | - | usually connected with racingpari - mutuel wagering . | |
626 | - | SECTION 10. AMENDMENT. Section 53-06.2-10 of the North Dakota Century Code is | |
627 | - | amended and reenacted as follows: | |
628 | - | 53-06.2-10. Certificate system - Rules. | |
629 | - | The certificate system allows a licensee to receive money from any person on a live, | |
630 | - | simulcast, or historic horse or dog race. A person betting on an entry to win acquires an interest | |
631 | - | in the total money bet on all entries in the race, in proportion to the amount of money bet by that | |
632 | - | person, under rules adopted by the commission. The licensee shall receive the bets and for | |
633 | - | each bet on a live or simulcast horse race shall issue a certificate to the bettor on which is at | |
634 | - | least shown the number of the race, the amount bet, and the number or name of the entry | |
635 | - | selected by the bettor. A certificate may not be issued for a wager on a historic horse race. The | |
636 | - | commission may adopt rules for place, show, quinella, combination, or other types of | |
637 | - | pari-mutuel wagering. | |
638 | - | SECTION 11. AMENDMENT. Section 53-06.2-10.1 of the North Dakota Century Code is | |
639 | - | amended and reenacted as follows: | |
640 | - | Page No. 11 25.0647.02003 | |
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669 | - | 29 | |
670 | - | 30 Sixty-ninth | |
671 | - | Legislative Assembly | |
672 | - | 53-06.2-10.1. Simulcast wagering. | |
673 | - | 1.As used in this section, "account wagering" means a form of pari - mutuel wagering in | |
674 | - | which an individual deposits money in an account and uses the account balance to | |
675 | - | pay for pari - mutuel wagers. | |
676 | - | 2.In addition to racing under the certificate system, as authorized by this chapter, and | |
677 | - | conducted upon the premises of a racetrack, simulcast pari-mutuel and account | |
678 | - | wagering may be conducted in accordance with this chapter or rules adopted by the | |
679 | - | commission under this chapter in accordance with chapter 28-32. | |
680 | - | 3.Any organization qualified under section 53-06.2-06 to conduct racing may make | |
681 | - | written applicationapply to the commission for the conduct of simulcast pari-mutuel | |
682 | - | and account wagering on races held at licensed racetracks inside the state or | |
683 | - | racetracks outside the state, or both. | |
684 | - | 4.Licensure of service providers, totalizator companies, site operators, or organizations | |
685 | - | applying to conduct or conducting simulcast or account wagering must be approved by | |
686 | - | the attorney general. The attorney general may not grant a license denied by the | |
687 | - | commission. | |
688 | - | 5.Notwithstanding any other provision of this chapter, the commission may authorize any | |
689 | - | licensee to participate in interstate or international combined wagering pools with one | |
690 | - | or more other racing jurisdictions. Anytime that | |
691 | - | a.If a licensee participates in an interstate or international combined pool, the | |
692 | - | licensee, as prescribed by the commission, may adopt the take-out of the host | |
693 | - | jurisdiction or facility. | |
694 | - | b.The commission may permit a licensee to use one or more of its races or | |
695 | - | simulcast programs for an interstate or international combined wagering pool at | |
696 | - | locations outside its jurisdiction and may allow pari-mutuel pools in other states to | |
697 | - | be combined with pari-mutuel pools in its jurisdiction for the purpose of | |
698 | - | establishing an interstate or international combined wagering pool. | |
699 | - | c.The participation by a licensee in a combined interstate or international wagering | |
700 | - | pool does not cause that licensee to be considered to be doing business in any | |
701 | - | jurisdiction other than the jurisdiction in which the licensee is physically located. | |
702 | - | Page No. 12 25.0647.02003 | |
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729 | - | 27 | |
730 | - | 28 | |
731 | - | 29 | |
732 | - | 30 Sixty-ninth | |
733 | - | Legislative Assembly | |
734 | - | d.Pari-mutuel taxes or commissions may not be imposed on any amounts wagered | |
735 | - | in an interstate or international combined wagering pool other than amounts | |
736 | - | wagered within this jurisdiction. | |
737 | - | e.Breakage for interstate or international combined wagering pools must be | |
738 | - | calculated in accordance with the statutes or rules of the host jurisdiction and | |
739 | - | must be distributed among the participating jurisdictions in a manner agreed to | |
740 | - | among the jurisdictions. | |
741 | - | 6.The certificate system also permits pari-mutuel wagering to be conducted through | |
742 | - | account wagering. As used in this section, "account wagering" means a form of | |
743 | - | pari-mutuel wagering in which an individual deposits money in an account and uses | |
744 | - | the account balance to pay for pari-mutuel wagers. An account wager made on an | |
745 | - | account established in this state may only be made only through the licensed | |
746 | - | simulcast service provider approved by the attorney general and authorized by the | |
747 | - | commission to operate the simulcast pari-mutuel wagering system under the certificate | |
748 | - | system. The attorney general may not grant a license denied by the commission. An | |
749 | - | account wager may be made in person, by direct telephone communication, or | |
750 | - | through other electronic communication in accordance with rules adopted by the | |
751 | - | commission. Breakage for interstate or international combined wagering pools must be | |
752 | - | calculated in accordance with the statutes or rules of the host jurisdiction and must be | |
753 | - | distributed among the participating jurisdictions in a manner agreed to among the | |
754 | - | jurisdictions. | |
755 | - | SECTION 12. A new section to chapter 53-06.2 of the North Dakota Century Code is | |
756 | - | created and enacted as follows: | |
757 | - | Historic horse race wagering. | |
758 | - | 1.In accordance with pari - mutuel wagering under the certificate system, and if | |
759 | - | conducted at an equine racing facility, pari - mutuel wagering on historic horse races | |
760 | - | may be conducted in accordance with this chapter or rules adopted by the | |
761 | - | commission. Any equine racing facility under this chapter may offer wagering on | |
762 | - | historic horse races on electronic devices if: | |
763 | - | a.Wagering is conducted within an equine racing facility, using the pari - mutuel | |
764 | - | method of wagering; | |
765 | - | Page No. 13 25.0647.02003 | |
400 | + | live, simulcast, or historic horse race, simulcast horse race, or simulcast dog race who desires | |
401 | + | to bet on any entry in that race. A person betting on an entry to win acquires an interest in the | |
402 | + | Page No. 7 25.0647.02000 | |
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793 | 430 | 28 | |
794 | 431 | 29 | |
795 | 432 | 30 | |
796 | 433 | 31 Sixty-ninth | |
797 | 434 | Legislative Assembly | |
798 | - | b.A licensee maintains no fewer than two terminals offering the same type of wager | |
799 | - | on historic horse races; | |
800 | - | c.The terminal used for conducting a historic horse race: | |
801 | - | (1)Provides true and accurate past performance information on each historic | |
802 | - | horse race before a patron makes selections; | |
803 | - | (2)Displays the official results of each race; | |
804 | - | (3)Has been tested by an independent testing laboratory to ensure integrity | |
805 | - | and proper working order; and | |
806 | - | (4)Displays pool amounts that patron will receive for a winning wager; and | |
807 | - | d.The identity of each race is revealed to the patron after the patron has placed a | |
808 | - | wager. | |
809 | - | 2.The terminal used for conducting a historic horse race may display a photographic | |
810 | - | recording or digital simulation or recreation of a portion of the race. | |
811 | - | 3.Notwithstanding any other provision of this chapter, in addition to any bond provided to | |
812 | - | the attorney general as security for other licensed activity pursuant to section | |
813 | - | 53 - 06.2 - 08, each licensed service provider approved by the commission to offer | |
814 | - | wagering on historic horse races shall post a bond of five hundred thousand dollars | |
815 | - | payable to the state. A licensed service provider posting a bond under this section is | |
816 | - | not required to post more than one bond in the amount of five hundred thousand | |
817 | - | dollars, regardless of the number of simulcast facilities at which it offers wagers on | |
818 | - | historic horse races. | |
819 | - | SECTION 13. A new section to chapter 53-06.2 of the North Dakota Century Code is | |
820 | - | created and enacted as follows: | |
821 | - | Pari-mutuel horse wagering. | |
822 | - | For pari-mutuel horse wagering: | |
823 | - | 1.Wagers must be placed in one or more wagering pools. | |
824 | - | 2.Wagers on different races or sets of races may be pooled together. | |
825 | - | 3.Patrons may establish odds or payouts. | |
826 | - | 4.Winning patrons share in amounts wagered, including carryover amounts plus | |
827 | - | amounts provided by an association less any deductions required, as approved by the | |
435 | + | total money bet on all entries in the race, in proportion to the amount of money bet by that | |
436 | + | person, under rules adopted by the commission. The licensee shall receive the bets and for | |
437 | + | each bet on a live or simulcast horse race shall issue a certificate to the bettor on which is at | |
438 | + | least shown the number of the race, the amount bet, and the number or name of the entry | |
439 | + | selected by the bettor. A certificate may not be issued for a wager on a historic horse race. The | |
440 | + | commission may adopt rules for place, show, quinella, combination, or other types of betting | |
441 | + | usually connected with racingpari - mutuel wagering . | |
442 | + | SECTION 8. AMENDMENT. Section 53-06.2-10.1 of the North Dakota Century Code is | |
443 | + | amended and reenacted as follows: | |
444 | + | 53-06.2-10.1. Simulcast wagering. | |
445 | + | 1.As used in this section, "account wagering" means a form of pari - mutuel wagering in | |
446 | + | which an individual deposits money in an account and uses the account balance to | |
447 | + | pay for pari - mutuel wagers. | |
448 | + | 2.In addition to racing under the certificate system, as authorized by this chapter, and | |
449 | + | conducted upon the premises of a racetrack, simulcast pari-mutuel and account | |
450 | + | wagering may be conducted in accordance with this chapter or rules adopted by the | |
451 | + | commission under this chapter in accordance with chapter 28-32. | |
452 | + | 3.Any organization qualified under section 53-06.2-06 to conduct racing may make | |
453 | + | written applicationapply to the commission for the conduct of simulcast pari-mutuel | |
454 | + | and account wagering on races held at licensed racetracks inside the state or | |
455 | + | racetracks outside the state, or both. | |
456 | + | 4.Licensure of service providers, totalizator companies, site operators, or organizations | |
457 | + | applying to conduct or conducting simulcast or account wagering must be approved by | |
458 | + | the attorney general. The attorney general may not grant a license denied by the | |
828 | 459 | commission. | |
829 | - | Page No. 14 25.0647.02003 | |
460 | + | 5.Notwithstanding any other provision of this chapter, the commission may authorize any | |
461 | + | licensee to participate in interstate or international combined wagering pools with one | |
462 | + | or more other racing jurisdictions. Anytime that | |
463 | + | a.If a licensee participates in an interstate or international combined pool, the | |
464 | + | licensee, as prescribed by the commission, may adopt the take-out of the host | |
465 | + | jurisdiction or facility. | |
466 | + | Page No. 8 25.0647.02000 | |
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860 | 497 | 31 Sixty-ninth | |
861 | 498 | Legislative Assembly | |
499 | + | b.The commission may permit a licensee to use one or more of its races or | |
500 | + | simulcast programs for an interstate or international combined wagering pool at | |
501 | + | locations outside its jurisdiction and may allow pari-mutuel pools in other states to | |
502 | + | be combined with pari-mutuel pools in its jurisdiction for the purpose of | |
503 | + | establishing an interstate or international combined wagering pool. | |
504 | + | c.The participation by a licensee in a combined interstate or international wagering | |
505 | + | pool does not cause that licensee to be considered to be doing business in any | |
506 | + | jurisdiction other than the jurisdiction in which the licensee is physically located. | |
507 | + | d.Pari-mutuel taxes or commissions may not be imposed on any amounts wagered | |
508 | + | in an interstate or international combined wagering pool other than amounts | |
509 | + | wagered within this jurisdiction. | |
510 | + | e.Breakage for interstate or international combined wagering pools must be | |
511 | + | calculated in accordance with the statutes or rules of the host jurisdiction and | |
512 | + | must be distributed among the participating jurisdictions in a manner agreed to | |
513 | + | among the jurisdictions. | |
514 | + | 6.The certificate system also permits pari-mutuel wagering to be conducted through | |
515 | + | account wagering. As used in this section, "account wagering" means a form of | |
516 | + | pari-mutuel wagering in which an individual deposits money in an account and uses | |
517 | + | the account balance to pay for pari-mutuel wagers. An account wager made on an | |
518 | + | account established in this state may only be made only through the licensed | |
519 | + | simulcast service provider approved by the attorney general and authorized by the | |
520 | + | commission to operate the simulcast pari-mutuel wagering system under the certificate | |
521 | + | system. The attorney general may not grant a license denied by the commission. An | |
522 | + | account wager may be made in person, by direct telephone communication, or | |
523 | + | through other electronic communication in accordance with rules adopted by the | |
524 | + | commission. Breakage for interstate or international combined wagering pools must be | |
525 | + | calculated in accordance with the statutes or rules of the host jurisdiction and must be | |
526 | + | distributed among the participating jurisdictions in a manner agreed to among the | |
527 | + | jurisdictions. | |
528 | + | SECTION 9. A new section to chapter 53-06.2 of the North Dakota Century Code is created | |
529 | + | and enacted as follows: | |
530 | + | Page No. 9 25.0647.02000 | |
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561 | + | 31 Sixty-ninth | |
562 | + | Legislative Assembly | |
563 | + | Historic horse race wagering. | |
564 | + | 1.In accordance with pari - mutuel wagering under the certificate system, and if | |
565 | + | conducted at an equine racing facility, pari - mutuel wagering on historic horse races | |
566 | + | may be conducted in accordance with this chapter or rules adopted by the | |
567 | + | commission. Any equine racing facility under this chapter may offer wagering on | |
568 | + | historic horse races on electronic devices if: | |
569 | + | a.Wagering is conducted within an equine racing facility, using the pari - mutuel | |
570 | + | method of wagering; | |
571 | + | b.A licensee maintains no fewer than two terminals offering the same type of wager | |
572 | + | on historic horse races; | |
573 | + | c.The terminal used for conducting a historic horse race: | |
574 | + | (1)Provides true and accurate past performance information on each historic | |
575 | + | horse race before a patron makes selections; | |
576 | + | (2)Displays the official results of each race; | |
577 | + | (3)Has been tested by an independent testing laboratory to ensure integrity | |
578 | + | and proper working order; and | |
579 | + | (4)Displays pool amounts that patron will receive for a winning wager; and | |
580 | + | d.The identity of each race is revealed to the patron after the patron has placed a | |
581 | + | wager. | |
582 | + | 2.The terminal used for conducting a historic horse race may display a photographic | |
583 | + | recording or digital simulation or recreation of a portion of the race. | |
584 | + | 3.Notwithstanding any other provision of this chapter, in addition to any bond provided to | |
585 | + | the attorney general as security for other licensed activity pursuant to section | |
586 | + | 53 - 06.2 - 08, each licensed service provider approved by the commission to offer | |
587 | + | wagering on historic horse races shall post a bond of five hundred thousand dollars | |
588 | + | payable to the state. A licensed service provider posting a bond under this section is | |
589 | + | not required to post more than one bond in the amount of five hundred thousand | |
590 | + | dollars, regardless of the number of simulcast facilities at which it offers wagers on | |
591 | + | historic horse races. | |
592 | + | SECTION 10. A new section to chapter 53-06.2 of the North Dakota Century Code is | |
593 | + | created and enacted as follows: | |
594 | + | Page No. 10 25.0647.02000 | |
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625 | + | 31 Sixty-ninth | |
626 | + | Legislative Assembly | |
627 | + | Pari-mutuel horse wagering. | |
628 | + | For pari-mutuel horse wagering: | |
629 | + | 1.Wagers must be placed in one or more wagering pools. | |
630 | + | 2.Wagers on different races or sets of races may be pooled together. | |
631 | + | 3.Patrons may establish odds or payouts. | |
632 | + | 4.Winning patrons share in amounts wagered, including carryover amounts plus | |
633 | + | amounts provided by an association less any deductions required, as approved by the | |
634 | + | commission. | |
862 | 635 | 5.Pools may be paid out incrementally as approved by the commission. | |
863 | - | SECTION 14. A new section to chapter 53-06.2 of the North Dakota Century Code is | |
864 | - | created and enacted as follows: | |
865 | - | Racing commission operating fund. | |
866 | - | There is created in the state treasury the racing commission operating fund. The fund | |
867 | - | consists of all racing taxes, monetary fines, and interest and penalties collected under this | |
868 | - | chapter. | |
869 | - | SECTION 15. AMENDMENT. Section 53-06.2-11 of the North Dakota Century Code is | |
636 | + | SECTION 11. AMENDMENT. Section 53-06.2-11 of the North Dakota Century Code is | |
870 | 637 | amended and reenacted as follows: | |
871 | 638 | 53-06.2-11. Bet payoff formulas - Uses by licensee of funds in excess of expenses - | |
872 | 639 | Payment to general fund. | |
873 | 640 | 1.For wagering on live horse racing: | |
874 | 641 | a.In win, place, and show pari-mutuel pools, the licensee may deduct no more than | |
875 | 642 | twenty percent of the amount wagered. Of the amount wagered, the licensee | |
876 | 643 | shall pay: | |
877 | - | (1)One-half of one percent to the state treasurer to be deposited in the | |
878 | - | ||
644 | + | (1)One-half of one percent to the state treasurer to be deposited in the general | |
645 | + | fund. | |
879 | 646 | (2)One-half of one percent to the commission to be deposited in the breeders' | |
880 | 647 | fund. | |
881 | 648 | (3)One-half of one percent to the commission to be deposited in the purse | |
882 | 649 | fund. | |
883 | 650 | (4)One-half of one percent to the commission to be deposited in the racing | |
884 | 651 | promotion fund. | |
885 | 652 | b.In daily double, quinella, exacta, trifecta, or other combination pari-mutuel pools, | |
886 | 653 | the licensee may deduct no more than twenty-five percent of the amount | |
887 | 654 | wagered. Of the amount wagered, the licensee shall pay: | |
888 | - | (1)One-half of one percent to the state treasurer to be deposited in the | |
889 | - | generalracing commission operating fund. | |
890 | - | (2)One-half of one percent to the commission to be deposited in the breeders' | |
655 | + | (1)One-half of one percent to the state treasurer to be deposited in the general | |
891 | 656 | fund. | |
892 | - | Page No. | |
657 | + | Page No. 11 25.0647.02000 | |
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923 | 688 | Legislative Assembly | |
689 | + | (2)One-half of one percent to the commission to be deposited in the breeders' | |
690 | + | fund. | |
924 | 691 | (3)One-half of one percent to the commission to be deposited in the purse | |
925 | 692 | fund. | |
926 | 693 | (4)One-half of one percent to the commission to be deposited in the racing | |
927 | 694 | promotion fund. | |
928 | 695 | 2.For simulcast and account wagering: | |
929 | 696 | a.In win, place, and show pari-mutuel pools, the licensee may deduct no more than | |
930 | 697 | twenty percent of the amount wagered. Except as limited in subdivision c, of the | |
931 | 698 | amount wagered by simulcast and account wagering in win, place, and show | |
932 | 699 | pari-mutuel pools, the licensee shall pay: | |
933 | 700 | (1)One-sixteenth of one percent to the state treasurer to be deposited in the | |
934 | - | ||
701 | + | general fund. | |
935 | 702 | (2)One-sixteenth of one percent to the commission to be deposited in the | |
936 | 703 | breeders' fund. | |
937 | 704 | (3)One-sixteenth of one percent to the commission to be deposited in the | |
938 | 705 | purse fund. | |
939 | 706 | (4)One-sixteenth of one percent to the commission to be deposited in the | |
940 | 707 | racing promotion fund. | |
941 | 708 | b.Except as limited in subdivision c, of the amount wagered by simulcast and | |
942 | 709 | account wagering in daily double, quinella, exacta, trifecta, or other combination | |
943 | 710 | pari-mutuel pools, the licensee shall pay: | |
944 | 711 | (1)One-sixteenth of one percent to the state treasurer to be deposited in the | |
945 | 712 | general fund. | |
946 | 713 | (2)One-sixteenth of one percent to the commission to be deposited in the | |
947 | 714 | breeders' fund. | |
948 | 715 | (3)One-sixteenth of one percent to the commission to be deposited in the | |
949 | 716 | purse fund. | |
950 | 717 | (4)One-sixteenth of one percent to the commission to be deposited in the | |
951 | 718 | racing promotion fund. | |
952 | - | c.For the fiscal year commencing July 1, 2013, the licensee may not pay more than | |
953 | - | four hundred thousand dollars. For the fiscal year commencing July 1, 2014, and | |
954 | - | Page No. 16 25.0647.02003 | |
719 | + | Page No. 12 25.0647.02000 | |
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984 | 749 | 30 Sixty-ninth | |
985 | 750 | Legislative Assembly | |
986 | - | thereafter, theThe licensee may not pay more than four hundred twenty thousand | |
751 | + | c.For the fiscal year commencing July 1, 2013, the licensee may not pay more than | |
752 | + | four hundred thousand dollars. For the fiscal year commencing July 1, 2014, and | |
753 | + | thereafter, the licensee may not pay more than four hundred twenty thousand | |
987 | 754 | dollars. | |
988 | 755 | 3.For historic horse race wagering, the licensee may deduct no more than twenty - five | |
989 | 756 | percent of the amount wagered. Of the amount wagered, the licensee shall pay: | |
990 | - | a.One - fourth of one percent to the state treasurer to be deposited in the | |
991 | - | ||
757 | + | a.One - fourth of one percent to the state treasurer to be deposited in the general | |
758 | + | fund. | |
992 | 759 | b.One - sixth of one percent to be deposited in the breeder's fund. | |
993 | 760 | c.One - sixth of one percent to be deposited in the purse fund. | |
994 | 761 | d.One - sixth of one percent to be deposited in the racing promotion fund. | |
995 | 762 | e.One - fourth of one percent to be deposited in the treasury of the county in which | |
996 | - | wagering on historic horse racing takes place gambling disorder prevention and | |
997 | - | treatment fund . | |
763 | + | wagering on historic horse racing takes place. | |
998 | 764 | f.One - fourth of one percent to be deposited in the treasury of the city in which | |
999 | 765 | wagering on historic horse racing takes place. | |
1000 | - | 4.All moneys in the racing commission operating fund, in excess of those appropriated | |
1001 | - | by the legislative assembly for administrative and operating costs associated with the | |
1002 | - | racing commission, must be transferred to the general fund. | |
1003 | - | 5. For all pari-mutuel wagering the licensee shall pay to the commission the amount due | |
766 | + | 4.For all pari-mutuel wagering the licensee shall pay to the commission the amount due | |
1004 | 767 | for all unclaimed tickets and all breakage on the first twenty million dollars wagered in | |
1005 | 768 | each fiscal year with each service provider. The amount received must be deposited in | |
1006 | 769 | the racing promotion fund. | |
1007 | - | 4.5. | |
770 | + | 4.5.The licensee conducting wagering on live racing, simulcast horse racing wagering, | |
1008 | 771 | historic horse racing, or account wagering shall retain all other money in the | |
1009 | 772 | pari-mutuel pool and pay it to bettors holding winning tickets as provided by rules | |
1010 | 773 | adopted by the commission. | |
1011 | - | 5.6. | |
774 | + | 5.6.A licensee may not use any of the portion deducted for expenses under subsections 1 | |
1012 | 775 | and 2 for expenses not directly incurred by the licensee in conducting pari-mutuel | |
1013 | 776 | racingwagering under the certificate system. After paying qualifying expenses, the | |
1014 | 777 | licensee shall use the remainder of the amount so withheld only for eligible uses | |
1015 | 778 | allowed to charitable gambling organizations under section 53-06.1-11.1. | |
1016 | - | Page No. 17 25.0647.02003 | |
779 | + | 6.7.The commission shall deposit the moneys received pursuant to subsections 1, 2, and | |
780 | + | 3, and 4 and from the North Dakota horse racing foundation pursuant to subsection 5 | |
781 | + | of section 53-06.2-05 in the breeders' fund, the purse fund, and the racing promotion | |
782 | + | Page No. 13 25.0647.02000 | |
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813 | + | 31 Sixty-ninth | |
1047 | 814 | Legislative Assembly | |
1048 | - | 6.7. 8. The commission shall deposit the moneys received pursuant to subsections 1, 2, and | |
1049 | - | 3, and 4 5 and from the North Dakota horse racing foundation pursuant to subsection 5 | |
1050 | - | of section 53-06.2-05 in the breeders' fund, the purse fund, and the racing promotion | |
1051 | 815 | fund. Moneys, and any earnings on the moneys, in the breeders' fund, purse fund, and | |
1052 | 816 | racing promotion fund are appropriated to the commission on a continuing basis to | |
1053 | 817 | carry out the purposes of those funds under this chapter and must be administered | |
1054 | 818 | and disbursed in accordance with rules adopted by the commission. The commission | |
1055 | 819 | may not transfer money among the funds. The commission shall distribute in-state | |
1056 | 820 | awards and payment supplements from the breeders' fund in the same calendar year | |
1057 | 821 | the money was earned by the recipient. The commission shall distribute out-of-state | |
1058 | 822 | awards and payment supplements from the breeders' fund, if made available by the | |
1059 | 823 | commission, within two months of the end of the calendar year the money was earned | |
1060 | 824 | by the recipient. The commission shall distribute payments awarded to qualified | |
1061 | 825 | owners and breeders from the breeders' fund without requiring owners and breeders | |
1062 | 826 | to apply for the payments. The commission may receive twenty-five thousand dollars | |
1063 | 827 | per year or twenty-five percent per year, whichever is greater, from the racing | |
1064 | 828 | promotion fund for the payment of the commission's operating expenses. | |
1065 | - | SECTION 16. EFFECTIVE DATE. Sections 2, 7, and 10 of this Act are effective on | |
1066 | - | August 1, 2027. | |
1067 | - | Page No. 18 25.0647.02003 | |
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