Historical Racing – Pari-Mutuel Wagering HISTORICAL RACING – WHAT IT IS AND IS NOT

 

Historical Racing – Pari-Mutuel Wagering HISTORICAL RACING – WHAT IT IS AND IS NOT

 

Historical racing is a new version of pari-mutuel wagering using new technology. It uses horse races conducted in the past that are replayed on pari-mutuel wagering terminals only at a facility that is authorized to show simulcast horse races. The only substantive difference between Historical Racing and traditional pari- mutuel wagering is that a patron is wagering on a previously run horse race. Patrons are provided handicapping information but do not know the identity of the horse, jockey, trainer, owner, or the race track where the race was run.

 

Pari-mutuel wagering is a form of gaming where players wager one against another rather than against the house, as they do in casinos. Pari-mutuel wagers placed on horse races become part of a pool consisting of all wagers from all bettors. Winners win the pool – whatever the amount – less a deduction for state tax and the racetrack. The winnings are paid only from money contributed by other wagerers.  The racetrack has no interest in the outcome. The opposite is true in a casino where the house wins only when bettors lose. This is what makes Historical Racing pari-mutuel.

 

Pari-mutuel wagering is regulated and allowed in Idaho. It began in 1965, and Les Bois Park has offered pari- mutuel wagering on horse races at the current location since 1970.

 

WHY THE NEED FOR HISTORICAL RACING

The live horse racing industry relies on purses generated through pari-mutuel racing.  The live racing industry in Idaho and the nation has experienced a serious decline in pari-mutuel wagering over the past decade due to technology advances and other market factors.  Idaho is at risk of losing its horse racing industry.

 

In the 1980’s, the Idaho legislature foresaw the revenue problem and addressed it through the enabling of simulcast wagering. Unfortunately, 30+ years later, simulcast wagering is now accessible via the internet, leading to reduced sales revenue to live horse racing locations. Without additional sources of revenue, Idaho’s horse racing industry is not sustainable.

 

IDAHO LEGISLATURE 2013

In the 2013 session a bill passed and was signed into law by the Governor that authorized wagering on Historical Horse Racing. The bill passed the Idaho House 58 – 12 and passed the Idaho Senate 27 to 8 during the 2013 legislative session. The update in state regulations was supported by the Idaho Racing Commission, the Idaho Thoroughbred Association, the Idaho Quarter Horse Association, Idaho Horsemen Benevolence and Protective Association, and literally dozens of industry professionals such as veterinarians, retail suppliers and small business owners.

 

HISTORICAL RACING – PROVEN RESULTS

Other states like Kentucky and Arkansas have addressed the decline in pari-mutuel wagering in their state through the authorization of Historical Racing with proven results. Historical Racing has saved their horse racing industries. In 2013, the Oregon and Wyoming legislatures authorized the use of the Historical Racing pari-mutuel product to address their need for new revenue streams through pari-mutuel wagering.

 

Kentucky Downs and Oaklawn Park offer wagering on Historical Racing and are two examples of the positive impacts to live race meets attributable to historical pari-mutuel racing. Purses to horse owners have increased significantly at both tracks since Historical Racing was introduced.

 

IMPLICATIONS FOR IDAHO RACING AND BREEDING

Increased purse payments for owners and breeders

Self-reliant, self-generating, self-sustaining gains for Idaho horses, horse people and horse businesses

 

HISTORIC RACING PLAN FOR IDAHO – Les Bois Park

200 self-service terminals at the Turf Club at Les Bois Park.

Operational in 2014

Turf Club capacity 499 persons.

 

TREASURE VALLEY RACING AT LES BOIS PARK

Treasure Valley Racing at Les Bois Park is all-Idaho owned and operated. The new ownership entered into a lease agreement with Ada County to operate live and simulcast wagering at Les Bois Park in 2011. Live horse racing has been run at Les Bois Park for over 40 years. It is the sincere desire of this dedicated and reputable group to preserve this longstanding tradition for future generations.

 

LIVE HORSE RACING SEASON – LES BOIS PARK

Treasure Valley Racing runs a live meet each year from May to August in Garden City at Expo Idaho.  Nearly 110,000 enthusiastic race fans attended the live horse racing meet in 2013. Many of those 110,000 visitors to Les Bois Park also enjoy the many fine offerings that Garden City and the Treasure Valley have to offer in terms or eating, drinking, lodging and entertainment facilities.

 

SECURITY

Treasure Valley Racing understands, accepts and embraces its position as a responsible gaming business and a proactive member of the local community. Treasure Valley Racing employs a full-time security force to support both the live and simulcast wagering activities.

 

Treasure Valley Racing is committed to a safe and secure environment for its customers and will make a significant investment to increase the level of protection by installing the latest in video surveillance and camera systems to its existing security department.

 

RESPONSIBLE GAMING

Treasure Valley Racing has implemented an industry proven responsible gaming program and has actively partnered with a national agency dedicated to responsible gaming. Responsible gaming signs, documentation and literature will be available and prominently displayed in all key areas.

 

 

 

 

Historical Horse Racing is in serious jeopardy

After being authorized only two years ago, Historical Horse Racing is in serious jeopardy with a repeal bill introduced by the Coeur d’alene Indian Tribe. Legislation repealing Historical Horse Racing Machines (Like the one’s located at Les’ Bois Park in Boise & Double Down Sports Bar and Grill in Idaho Falls) is gaining support in the Idaho Legislature, but we cannot afford to lose this new revenue source!! Below is the Idaho Tax Revenue for Boise’s location only and does not even include the new Idaho Falls facility. 2014 Idaho Tax Revenue For Les’Bois Park: $901,920 Total Taxes Paid $223, 401 to Idaho Schools $372,728 to the Idaho State Racing Commission $121,710 to the Idaho Horse Breeders Association $119,455 to Smal Rural Horse Tracks $38, 791 to the Idaho Horse council Youth Programs $21,323 to the Equine Fund Idaho Counties received $4,512 2014 Job Impact from Treasure Valley Racing $2,127,876 Total Payroll 271 Job Provided $180,330 Total Payroll Taxes In the short 52 days Double Down has been in operation they have generated Revenue of almost $30,000 payable to the State! Imagine the impact after six years, or six decades. We may never see the true impact! This affects everyone…. Idaho schools & teachers, equine industry, agricultural industry and the whole Idaho State economy through jobs and taxes. Despite the accusations by some…this technology is the same technology that was passed 2 years ago. 40 of the “EXACT” same terminals that were seen in the original hearing and tested by the Idaho Attorney General are currently located in Double Down, the other terminals are simply updated versions. The equivalent of the iphone 5 vs the iphone 6! Please sign this petition and ask your State Senator & The House State of Affairs committee to stop this ridiculous repeal in it’s tracks. If this repeal passes, the senators are killing jobs, hurting families, killing an industry, gutting kids programs and a whole lot more. Idaho wins with Historical Racing!

Historical Horse Racing Terminals vs Tribal Gaming Machines in respects to The Constitution of The State Of Idaho.

Historical Horse Racing Terminals vs Tribal Gaming Machines in respects to The Constitution of The State Of Idaho.

On Wednesday, February 11, 2015 the Idaho Senate State Affairs Committee voted in favor of sending S-1011, The Bill to Repeal the 2013 Historical Horse Racing Bill, to the floor to be voted on for repeal. Initially those of us opposing S-1011 was told we had to prove it was pari-mutuel. Expert testimony was provided on behalf of the pari-mutuel nature of the Historical Horse Racing Terminals. Following the presentation of testimony there should have been no doubt as to the validity of Historical Horse Racing Terminals (HHRT’s) being pari-mutuel by nature. The decision of the State Affairs Committee to send the bill to the Senate Floor was based off the feeling that (HHRT’s) were in violation of the Constitution Of The State Of Idaho Article III Section 20 Paragraph (2). Senator Werk made comment to the affect that he could not get over the feeling that they were an electronic simulation of a slot machine.

That then leads to the point of what is or is not an electronic simulation of a slot machine?

Why would Tribal Gaming Machines be explicitly stated in Title 67 Chapter 429B Paragraph(2)  Notwithstanding any other provision of Idaho law, a tribal video gaming machine as described in subsection (1) above is not a slot machine or an electronic or electromechanical imitation or simulation of any form of casino gambling.

 

To answer we need to look into the Indian Gaming Regulatory Act of 1988. 25 US Code 2703 – Definitions Paragraph (7) Section (B) The term “class II gaming” does not include—(i) any banking card games, including baccarat, chemin de fer, or blackjack (21), or(ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.

25 US Code 2710 – Tribal Gaming Ordinances Section (b) Regulation of class II gaming activity; net revenue allocation; audits; contracts

(1) An Indian tribe may engage in, or license and regulate, class II gaming on Indian lands within such tribe’s jurisdiction, if—

(A) such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law), and

(B) the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman.

A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted.

 

Since Tribal Gaming Machines have been defined by Idaho Code 67-429B to not be electronic simulation of a slot machine or of casino gaming, that then leads us to the fact that maybe we need to define what a simulation of a slot machine or casino gaming is. Since we know that in the eyes of a non-gaming expert, it could easily be mistaken that it is in fact a simulation of a slot machine or of casino gaming, is it not also likely that to the non-gaming expert eyes that a Historical Horse Racing Terminal also could be mistaken for a simulation of a slot machine or casino gaming?

What then would be a simulation?

In a letter dated December 21, 2004 from Penny J. Coleman to Mr. Kent R. Hagg she was responding to a classification opinion on DigiDeal Digital Card System, Trips or Better Poker. She was evaluating an electronic poker game in which a human dealer pushed electronic buttons to simulate the shuffling of cards and dealt players an electronic hand of cards which appeared on an electronic screen in front of said player. In reviewing this letter it appears that in order for a game to be deemed an electronic simulation it must be a facsimile of a game, the following is taken from Ms. Coleman’s letter

“By way of analogy, Sycuan Band of Mission Indians a. Roache, 54 F.3d 535, 542-543 (91h Cir. 1994) reviewed a wholly-electronic pull tab game, one in which the player bought and played pull tabs generated by computer and displayed on a video screen. The Ninth Circuit concluded that hs was an exact, self-contained copy of paper pull tabs and thus an electronic facsimile. Accmd, Cabam Band ofMission Indians 9. National Indian Gamiw~ Cmmissiim, 304 F.3d. 633,636 (D.C. Cir. 1994). Pull tab machines, however, that merely dispense, and display the results of, paper pull tabs are of a different sort.”

Therefore that leads to one of the following conclusion:

1)      Both Tribal Gaming Machines and Historical Horse Racing Terminals are NOT electronic or electromechanical imitation or simulation of any form of gambling, hence neither would be in violation of The Constitution Of The State Of Idaho and we should absolutely vote no to S-1011 to repeal the 2013 Historical Horse Racing Legislation and consider adding an amendment to the Idaho State Statutes declaring Historical Horse Racing Terminals are not an electronic or electromechanical imitation or simulation of any form of casino gambling OR

2)      Both Tribal Gaming Machines and Historical Horse Racing Terminal ARE electronic or electromechanical imitation or simulation of a form of gambling and are both in violation of The Constitution Of The State Of Idaho and we need to present a bill to repeal Title 67 Chapter 429B, which would then put Tribal Gaming Machines in violation not only of the Constitution Of The State Of Idaho but also in violation of The Indian Gaming Regulatory Act of 1988 by operating gaming in a state in which that form of gaming is not legal.

 

 

Trina Fackrell

 

 

 

If you would like to see the credentials of Penny J. Coleman it can be found at http://andersonindianlaw.com/attorney_penny.cfm

 

Gary Stevens to be Honored

Gary Stevens   Gary Stevens

Special Guest Mike Smith
FEB. 9th 2015
7PM-10PM
THE PENTHOUSE
CW MOORE BLDNG
250 S. 5th Street
Boise, Idaho
AN INVITATION
Jesse Taylor
Cell: (208) 847-5384
Email: tayljess@me.com
With the Passage of SCR101 the Idaho Legislature will honor
Native son, Gary Stevens for bringing great pride to his native
state. Please join us to further celebrate this great Idahoan!
Please RSVP.

Historical Racing Impact for 2014

Look at the impact in 1 Year

 

TREASURE VALLEY RACING – LES BOIS PARK

2014 Idaho Tax Revenue

$901,920 Total Taxes Paid

 

$223,401 to Idaho Schools

 

$372,728 to the Idaho State Racing Commission

 

$121,710 to the Idaho Horse Breeders Association

 

$119,455 to Small Rural Horse Tracks

 

$38,791 to the Idaho Horse Council Youth Programs

 

$21,323 to the Equine Fund

 Idaho Counties received $4,512

 

Racing Improvements

2014 Purses increased $899,778, an increase of 63% over 2013

WE NEED YOU TO CALL & EMAIL SENATOR STATE AFFAIRS NOW!!

WE NEED YOU TO CALL & EMAIL
SENATE STATE AFFAIRS NOW!!!

Chair, Senator Curt McKenzie 332-1407
Vice Chair, Senator Patti Anne Lodge 332-1320
Senator Bart Davis 332-1305
Pro Tem, Senator Brent Hill 332-1300
Senator Chuck Winder 332-1308
Senator Jeff C. Siddoway 332-1342
Senator Todd M. Lakey 332-1328

After being authorized only two years ago, Historical Horse Racing is in serious jeopardy.  Legislation repealing Historical Horse Racing Machines (like the one shown here at Les Bois Park) in Idaho is gaining support in the Idaho Legislature, but we cannot afford to lose this new revenue source. 
In its first six months, Historical Horse Racing has increased purses, lead to improvement in facilities, and provided more than $63,000.00 in funding to Idaho’s small track fund and breeding programs, and more than $156,000.00 has gone to Idaho schools and racing commission.  Imagine the impact after six years, or six decades.  We may never see the true impact.

CALL or EMAIL Members of the Idaho Senate State Affairs Committee (listed above), and ask them to SAVE HISTORICAL HORSE RACING.  Useful facts and figures can be found in the reports and facts attached to this email.

REPORTS & FACTS
Informational Booklet on Idaho Gaming
2010 Equine Status Report, University of Idaho

  • Idaho has an estimated 210,000 equine, including riding horses, draft horses, ponies, miniature horses, donkey, mules, wild horses and other equine.
  • Equine owners paid over $48 million in salaries to full and part time workers for the care and training of their equine.
  • Equine owners had a total of $1.6 billion in assets related to their equine, including the value of the equine, barns, and equipment.
  • Over 4 million acres in Idaho are devoted to the use and care of equine.
  • The state horse of Idaho, the Appaloosa, is derived from horses bred by the Nez Perce tribe in North Idaho and Eastern Washington. The breed was revitalized in the 1930s and the Appaloosa Horse Club has registered over 635,000 horses

Economic Impact of Pari-Mutuel Gaming in Idaho

Congress Passes Tax Extender Bill for 2014

Congress Passes Tax Extender Bill for 2014

The Senate followed the House of Representatives and passed the Tax Increase Prevention Act of 2014 (H.R. 5771).  The President is expected to sign the bill shortly, possibly this week before the lame-duck session of the 113th Congress ends.

The bill would extend for 2014 several tax provisions favorable to horse owners, breeders, and equine businesses that expired or were reduced at the end of 2013, including three-year depreciation for all race horses.  The bill extends these provisions retroactively for eligible equine assets, including horses, purchased and/or placed in service at any time in 2014.  The extensions are effective only through December 31, 2014.  On January 1, 2015 they again expire or revert to prior levels.  Continue reading