Kentucky Statutes 230.378 – Wagers at track, at simulcast facility, or through telephone account wagering system — Commission — Tax exemption
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(1) A receiving track may accept wagers only at the track where it is licensed to conduct its race meeting or conduct intertrack wagering. A receiving track may accept wagers through a telephone account wagering system. Wagers at a receiving track, simulcast facility, or on telephone account wagering shall form a common pool with wagers at a host track. This common pool requirement shall not apply to wagers made in connection with interstate simulcasting pursuant to KRS § 230.3771; however, common pools shall be encouraged.
(2) Except as provided in KRS § 230.3771(2), the commission of a receiving track, simulcast facility, or on telephone account wagering shall be the same as the commission of the host track as determined in KRS § 230.3615 or 230.750.
(3) In the absence of a valid contract with a horsemen’s organization, the commission of a receiving track, after deduction of applicable taxes and other applicable deductions, shall be split as follows: twenty-two percent (22%) to the host track, twenty-two percent (22%) to the purse program at the host track, twenty-two percent (22%) to the receiving track and twenty-two percent (22%) to the purse program at the receiving track. Twelve percent (12%) of the commission shall be allocated evenly between the host track and the receiving track to cover the cost of simulcasting, unless otherwise agreed to by contract.
(4) The deduction for the backside improvement fund, as provided for in KRS
230.3615(4) shall not apply to the commission or pari-mutuel tax of a receiving track or telephone account wagering.
(5) A receiving track shall be exempt from any license fee imposed by statute or regulation by the racing commission.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 124, sec. 19, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 24, sec. 479, effective July 15, 2010. — Amended 2004 Ky. Acts ch. 191, sec. 35, effective July 13, 2004. — Amended 1998 Ky. Acts ch. 216, sec. 1, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 438, sec. 4, effective July 15,
1994. – Amended 1992 Ky. Acts ch. 109, sec. 29, effective March 30, 1992. — Amended 1990 Ky. Acts ch. 159, sec. 8, effective March 30, 1990. — Created 1988
Ky. Acts ch. 376, sec. 3, effective July 15, 1988.
Legislative Research Commission Note (7/15/98). In codifying a change to this statute from the 1998 Regular Session, existing references to the former KRS § 138.515 have been changed to read KRS § 230.3615 under KRS § 7.136(e). In 1992, KRS § 138.515 was repealed, reenacted, and amended as KRS § 230.3615. 1992 Ky. Acts ch. 109, sec.
8.
(2) Except as provided in KRS § 230.3771(2), the commission of a receiving track, simulcast facility, or on telephone account wagering shall be the same as the commission of the host track as determined in KRS § 230.3615 or 230.750.
Terms Used In Kentucky Statutes 230.378
- Contract: A legal written agreement that becomes binding when signed.
- Host track: means the track conducting racing and offering its racing for intertrack wagering, or, in the case of interstate wagering, means the Kentucky track conducting racing and offering simulcasts of races conducted in other states or foreign countries. See Kentucky Statutes 230.210
- Intertrack wagering: means pari-mutuel wagering on simulcast horse races from a host track by patrons at a receiving track. See Kentucky Statutes 230.210
- Racing commission: means the Kentucky Horse Racing Commission. See Kentucky Statutes 230.210
- Receiving track: means a track where simulcasts are displayed for wagering purposes. See Kentucky Statutes 230.210
- Simulcast facility: means any facility approved pursuant to the provisions of KRS
230. See Kentucky Statutes 230.210 - Simulcasting: means the telecast of live audio and visual signals of horse races for
the purpose of pari-mutuel wagering. See Kentucky Statutes 230.210 - Statute: A law passed by a legislature.
- Telephone account wagering: means a form of pari-mutuel wagering where an individual may deposit money in an account at a track and may place a wager by direct telephone call or by communication through other electronic media owned by
the holder of the account to the track. See Kentucky Statutes 230.210
(3) In the absence of a valid contract with a horsemen’s organization, the commission of a receiving track, after deduction of applicable taxes and other applicable deductions, shall be split as follows: twenty-two percent (22%) to the host track, twenty-two percent (22%) to the purse program at the host track, twenty-two percent (22%) to the receiving track and twenty-two percent (22%) to the purse program at the receiving track. Twelve percent (12%) of the commission shall be allocated evenly between the host track and the receiving track to cover the cost of simulcasting, unless otherwise agreed to by contract.
(4) The deduction for the backside improvement fund, as provided for in KRS
230.3615(4) shall not apply to the commission or pari-mutuel tax of a receiving track or telephone account wagering.
(5) A receiving track shall be exempt from any license fee imposed by statute or regulation by the racing commission.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 124, sec. 19, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 24, sec. 479, effective July 15, 2010. — Amended 2004 Ky. Acts ch. 191, sec. 35, effective July 13, 2004. — Amended 1998 Ky. Acts ch. 216, sec. 1, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 438, sec. 4, effective July 15,
1994. – Amended 1992 Ky. Acts ch. 109, sec. 29, effective March 30, 1992. — Amended 1990 Ky. Acts ch. 159, sec. 8, effective March 30, 1990. — Created 1988
Ky. Acts ch. 376, sec. 3, effective July 15, 1988.
Legislative Research Commission Note (7/15/98). In codifying a change to this statute from the 1998 Regular Session, existing references to the former KRS § 138.515 have been changed to read KRS § 230.3615 under KRS § 7.136(e). In 1992, KRS § 138.515 was repealed, reenacted, and amended as KRS § 230.3615. 1992 Ky. Acts ch. 109, sec.
8.