TITLE 41
Sports, Racing, and Athletics

CHAPTER 41-11
Simulcast Programs from Licensed Betting Facilities

SECTION 41-11-3


§ 41-11-3 Taxes and commissions.

(a) Each licensee conducting wagering in a simulcast betting facility under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such programs at the rate of:

(1) Four percent (4%) of the total money wagered thereon on win, place and show wagers;

(2) Four percent (4%) on multiple wagers therein involving two (2) animals; and

(3) Five and one half percent (5.5%) on exotic wagers therein involving three (3) or more animals.

(b) Where the division has approved the integration of wagers placed at the simulcast facility into similar wagering pools at a host facility where the program is conducted, each licensee conducting wagering in a simulcast betting facility may retain as his or her commission an amount equal to the takeout at the host facility of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41. This tax structure shall apply to any transmission of programs between licensed facilities within the state. Where integration of wagers does not occur the division shall be:

(1) Twenty percent (20%) of the amounts wagered on win, place and show wagers of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(2) Twenty percent (20%) of the amounts wagered on multiple wagers involving two (2) animals of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(3) Twenty-five percent (25%) of the amounts wagered on exotic wagers involving three (3) or more animals of which one and four tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of title 41.

(4) One half (1/2) of the breakage to the dime resulting from the betting shall be deposited as general revenues. The remaining breakage shall be retained by the licensee.

(c) The amount of unclaimed money which shall hereafter be held by any licensee, on account of outstanding and uncashed winning tickets, shall, at the expiration of one year after the close of the meeting during which the tickets were issued, be paid into the general fund of the state.

(d) Notwithstanding any other provision of law, money wagered on the simulcast of intrastate and interstate programs, as provided in this chapter, shall be subject only to the tax imposed in this section, and provided further, where there is interstate transmission of signals in accordance with national practice, the tax shall be levied in the receiving state only.

History of Section.
(P.L. 1991, ch. 44, art. 61, § 1; P.L. 1992, ch. 16, § 1; P.L. 1995, 370, art. 40, § 126; P.L. 1996, ch. 215, § 1; P.L. 1996, ch. 402, § 1; P.L. 1997, ch. 326, § 152.)