313.652. Pari-mutuel wagering--deductions from pool, definitions--payment of tax, amount due--permitted use of breakage and unclaimed winnings--breed incentive moneys not to lapse into general revenue

MISSOURI STATUTES AND CODES

313.652. Pari-mutuel wagering--deductions from pool, definitions--payment of tax, amount due--permitted use of breakage and unclaimed winnings--breed incentive moneys not to lapse into general revenue

Pari-mutuel wagering--deductions from pool, definitions--paymentof tax, amount due--permitted use of breakage and unclaimedwinnings--breed incentive moneys not to lapse into general revenue.

313.652. 1. Any organization licensed by the commission to conduct ahorse race meeting may provide places in the race meeting grounds orenclosure and may conduct and supervise therein the pari-mutuel system ofwagering by patrons of the horse races conducted by such organizationlicensee at such meeting.

2. No other place or method of betting, pool making, wagering orgambling shall be used or permitted by the race track licensee. Each racetrack licensee shall deduct the following amounts on all races conducted byit: eighteen percent of the regular mutuel pool, twenty percent of themultiple mutuel pool involving two horses, and twenty-five percent of themultiple mutuel pool involving three or more horses. "Regular mutuel pool"means a separate wagering pool in which an interest is represented by asingle ticket evidencing a single wager on one horse. "Multiple mutuelpool" means a separate wagering pool in which an interest is represented bya single wager on two or more horses. For the first one hundred milliondollars of the total pari-mutuel pool for the licensed race meeting, eachrace track licensee shall apply the amounts deducted as follows:

(1) One percent of the regular mutuel pools, one and one-quarterpercent of the multiple mutuel pools involving two horses, and one andone-half percent of the multiple mutuel pools involving three or morehorses shall be paid to the commission;

(2) Eight percent of the regular mutuel pools, eight andthree-quarters percent of the multiple mutuel pools involving two horses,and eleven percent of the multiple mutuel pools involving three or morehorses shall be allocated for purse money. The formula for distribution ofthe purse money shall be determined by an agreement between an organizationrepresenting the horsemen and the tracks, the agreement to be subject tothe approval of the commission;

(3) One-half of one percent of the regular mutuel pools,three-quarters of one percent of the multiple mutuel pools involving twohorses, and one percent of the multiple mutuel pools involving three ormore horses shall be used for breeder incentives. The method of paymentand distribution of breeder incentives shall be set forth by the commissionin rules;

(4) Eight and one-half percent of the regular mutuel pools, nine andone-quarter percent of the multiple mutuel pools involving two horses, andeleven and one-half percent of the multiple mutuel pools involving three ormore horses shall be retained by the licensee.

3. For the next fifty million dollars of the total pari-mutuel poolfor the licensed race meeting, each race track licensee shall apply theamount deducted as follows:

(1) Two percent of the regular mutuel pools, two percent of themultiple mutuel pools involving two horses, and two percent of the multiplemutuel pools involving three or more horses shall be paid to thecommission;

(2) Seven and one-half percent of the regular mutuel pools, eight andone-half percent of the multiple mutuel pools involving two horses, and tenand one-half percent of the multiple mutuel pools involving three or morehorses shall be allocated for purse money. The formula for distribution ofthe purse money shall be determined by an agreement between an organizationrepresenting the horsemen and the tracks, the agreement to be subject tothe approval of the commission;

(4) Eight percent of the regular mutuel pools, eight andthree-quarters percent of the multiple mutuel pools involving two horses,and eleven and one-half percent of the multiple mutuel pools involvingthree or more horses shall be retained by the licensee.

4. For all amounts of the total pari-mutuel pool for the licensedrace meeting in excess of one hundred fifty million dollars, each racetrack licensee shall apply the amount deducted as follows:

(1) Four percent of the regular mutuel pools, four percent of themultiple mutuel pools involving two horses, and four percent of themultiple mutuel pools involving three or more horses shall be paid to thecommission;

(2) Six and one-half percent of the regular mutuel pools, seven andone-quarter percent of the multiple mutuel pools involving two horses, andnine and one-half percent of the multiple mutuel pools involving three ormore horses shall be allocated for purse money. The formula fordistribution of the purse money shall be determined by an agreement betweenan organization representing the horsemen and the tracks, the agreement tobe subject to the approval of the commission;

(4) Seven percent of the regular mutuel pools, eight percent of themultiple mutuel pools involving two horses, and ten and one-half percent ofthe multiple mutuel pools involving three or more horses shall be retainedby the licensee.

5. Each race track licensee shall pay to the commission, within threedays after each day of racing, a tax at the rate specified in this sectionon the total amount of money wagered on all races that day. The payment ofthe tax shall be accompanied by a statement of the race track licensee, orhis duly authorized agent under oath, showing the amount of money wageredthat day.

6. Breakage paid in the Missouri horse racing fund shall not bespecially allocated for purse money for special races, for breeder andowner awards and for horse racing development; however, breakage may beused for these purposes.

7. Unclaimed winnings paid into the Missouri horse racing fund shallnot be specially allocated for purse money for special races, for breederand owner awards and for horse racing development; however, unclaimedwinnings may be used for these purposes.

8. All moneys provided for breeder incentives shall not lapse andinterest earned on such moneys shall be credited the account. Theprovisions of section 33.080, RSMo, to the contrary notwithstanding, thesefunds shall not be transferred and placed to the credit of the generalrevenue fund at the end of each biennium.