T54CH25
Title 54 > T54CH25
Sections (18)
54-2501
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2501. Short title. This act may be cited as the Idaho racing act. History: [54-2501, added 1963, ch. 64, sec. 1, p. 246; am. 1987, ch. 316, sec. 1, p. 661.]
54-2502
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2502. Definitions. Unless the context otherwise requires, words and phrases as used herein shall mean: (1) Commission means the Idaho state racing commission, hereinafter created. (2) Gross daily receipts means the total of all sums deposited in all pools for each race day. (3) Historical horse race means a race involving live horses that was conducted in the past and that is rebroadcast by electronic means and shown on a delayed or replayed basis for the purposes of wagering conducted at a facility that is authorized to show simulcast and/or televised races. (4) Horsemen’s group means an organization composed of licensed owners and/or trainers duly registered with the secretary of state and recognized by the Idaho racing commission. (5) Host facility means the racetrack at which the race is run, or the facility which is designated as the host facility if the race is run in a jurisdiction which is not participating in the interstate combined wagering pool. (6) Host jurisdiction means the jurisdiction in which the host facility is located. (7) Interstate common wagering pool means a pari-mutuel pool established in one (1) jurisdiction which is combined with comparable pari-mutuel pools from one (1) or more racing jurisdictions. Such pool is established for the purpose of establishing pay-off prices in the various jurisdictions. (8) Pari-mutuel means any system whereby wagers with respect to the outcome of a race are placed with, or in, a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against the operator. (9) Persons means and includes individuals, firms, corporations and associations. (10) Pool means the total sum of all moneys wagered in each race for each type of bet. Types of bets include win, place, show, quinella, daily double, exacta, trifecta, etc., and such other types as are approved by the commission from time to time. (11) Race meet means and includes any exhibition of thoroughbred, purebred, and/or registered horse racing, mule racing or dog racing, where the pari-mutuel system of wagering is used. Singular includes the plural and plural includes the singular; and words importing one gender shall be regarded as including all other genders. (12) Racing jurisdiction or jurisdiction means a governmental jurisdiction responsible for the regulation of pari-mutuel racing in that jurisdiction. (13) Simulcast means the telecast or other transmission of live audio and visual signals of a race, transmitted from a sending track to a receiving location, for the purpose of wagering conducted on the race at the receiving location. History: [54-2502, added 1963, ch. 64, sec. 2, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1984, ch. 83, sec. 1, p. 158; am. 1985, ch. 194, sec. 1, p. 494; am. 1987, ch. 316, sec. 2, p. 661; am. 1988, ch. 141, sec. 1, p. 256; am. 199
54-2503
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2503. Racing commission created — Appointment — Removal — Claims. There is hereby created in the Idaho state police the Idaho state racing commission, to consist of three (3) members, who shall be citizens, residents, and qualified electors of the state of Idaho. The members of said commission shall be appointed by the governor within thirty (30) days after this act takes effect, one (1) for a term to expire on the Thursday following the second Monday in January, 1965, and one (1) for a term to expire on the Thursday following the second Monday in January, 1967, and one (1) for a term to expire on the Thursday following the second Monday in January, 1969, and upon the expiration of the term of any member of said commission, the governor shall appoint a successor for a term of six (6) years. All appointments to the Idaho state racing commission shall be subject to the approval of the senate. Each member shall hold office until his successor is appointed and qualified. Vacancies on the commission shall be filled by appointment to be made by the governor for the unexpired term. Any member may be removed from office by the governor for cause after a public hearing. Notice of said hearing shall fix the time and place of hearing and shall specify the charges. Copy of the notice of hearing shall be served on the member by mailing the same to the member at his last known address at least ten (10) days before the date fixed for said hearing. History: [54-2503, added 1963, ch. 64, sec. 3, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 1, p. 1037; am. 1974, ch. 27, sec. 192, p. 811; am. 1987, ch. 316, sec. 3, p. 661; am. 2000, ch. 469, sec. 127, p. 1587.]
54-2504
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2504. Chairman — Quorum — Costs. The commission shall organize by electing one (1) of its members chairman. Two (2) members of the commission shall constitute a quorum for the transaction of any and all business of the commission. Each member of the board shall be compensated as provided by section 59-509 (h), Idaho Code. Moneys used for the compensation of members shall be drawn from commission funds. The commission may incur all such costs, charges and expenses as are reasonably necessary in carrying out the intent and purposes of this act. All claims and expenditures under this act shall be first audited and passed upon by the commission, and, when approved, shall be paid in the manner provided by law for the payment of claims against the state of Idaho. History: [54-2504, added 1963, ch. 64, sec. 4, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 2, p. 1037; am. 1979, ch. 251, sec. 1, p. 659; am. 1980, ch. 247, sec. 71, p. 639; am. 1992, ch. 62, sec. 1, p. 195.]
54-2505
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2505. Commission’s annual report — Public record. The commission shall keep detailed records of all meetings and of the business transacted therein, and all licenses applied for and issued, reports of which shall be embodied in an annual report which the commission shall prepare and submit to the governor on or before the thirty-first day of March of each year. Said annual report shall cover the activities of the commission, including the financial report of the commission and a financial summary of licensees subject to section 54-2508 , Idaho Code, and organizations of licensees defined in section 54-2502 (4), Idaho Code, for the preceding year in addition to the aforementioned. All records of the commission shall be public records, and as such, subject to public inspection. History: [54-2505, added 1963, ch. 64, sec. 5, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 2005, ch. 264, sec. 1, p. 809; am. 2013, ch. 139, sec. 2, p. 334.]
54-2506
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2506. Duties of commission and licensees — License fee. It shall be the duty of the commission, as soon as possible after its organization, to prepare and promulgate a complete set of rules and regulations to govern race meets and the pari-mutuel system. It shall be the duty of each person holding a license under the authority of the act to comply with this act and with all the rules and regulations promulgated and all orders issued by the commission. It shall be unlawful for any person, except race meet licensees coming within the provisions of section 54-2508 , Idaho Code, to participate, directly or indirectly, in any race meet without first securing and having in full force and effect, a license therefor from the commission. The license fee for such license shall be set by the commission and shall be paid to the commission. The commission shall, by rule and regulation, determine which persons participating, directly or indirectly, in race meets shall require licenses. History: [54-2506, added 1963, ch. 64, sec. 6, p. 246; am. 1969, ch. 221, sec. 2, p. 724; am. 1974, ch. 96, sec. 1, p. 1196; am. 1983, ch. 64, sec. 1, p. 147.]
54-2507
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2507. Authority of commission. (1) The commission created by this act is hereby authorized and it shall be its duty to license, regulate, and supervise all race meets held in this state under the terms of this act, and to cause the various places where race meets are held to be visited and inspected at least once a year. (2) Notwithstanding any other provision of this chapter, the commission may authorize any licensee to participate in an interstate common wagering pool with one (1) or more other racing jurisdictions. Anytime that a licensee participates in an interstate pool, the licensee may adopt, with the authorization of the commission, the take-out of the host jurisdiction or facility. (3) The commission may permit a licensee to use one (1) or more of its races for an interstate common wagering pool at locations outside its jurisdiction, and may allow pari-mutuel pools in other states to be combined with pari-mutuel pools in its jurisdiction for the purpose of establishing an interstate common wagering pool. History: [54-2507, added 1963, ch. 64, sec. 7, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1991, ch. 56, sec. 2, p. 107; am. 1992, ch. 19, sec. 2, p. 56.]
54-2508
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2508. License — Application therefor — Type and number of races — Fee per day — Refund — Cancellation — Hearing — Simulcast purse moneys fund. It shall be unlawful for any person to hold any race meet in this state without having first obtained and having in force and effect a license issued by the commission as in this chapter provided. Every person making application for a license to hold a race meet, under the provisions of this chapter, shall file an application with the commission which shall set forth the time, place and number of days such will continue, an agreement with a horsemen’s group as the term horsemen’s group is defined in section 54-2502 , Idaho Code, and such other information as the commission may require. The agreement shall be reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7 , Idaho Code, and shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen’s agreement be held in the simulcast purse moneys fund created pursuant to the provisions of this section. Race days agreed upon shall be submitted to the Idaho state racing commission for its approval. No person who has been convicted of any crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code, shall be issued a license of any kind, nor shall any license be issued to any person who has violated the terms or provisions of this chapter, or any of the rules of the commission, or who has failed to pay any of the fees, taxes or moneys required under the provisions of this chapter. All applications to hold race meets shall be submitted to the commission, which shall act upon such applications within thirty (30) days. The commission shall be the sole judge of whether or not the race meet shall be licensed and the number of days the meet shall continue. The license issued shall specify the kind and character of the race meets to be held, the number of days the race meet shall continue and the number of races per day. For those licensees or facilities that have had a total race handle from both live races and simulcast races exceeding five million dollars (5,000
54-2509
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2509. Penalty for violations of law — Power of commission. (1) Any person holding a race meet, and any other person required by this act or the rules of the commission to be licensed, participating, directly or indirectly, in a race meet, without first being licensed by the commission, and any person violating any of the terms or provisions of this act is guilty of a misdemeanor. (a) There shall be an absolute prohibition of the use of live lures in the state of Idaho for the training of or racing of racing dogs. Any violation of the provisions of this section shall be a felony punishable by a fine not exceeding twenty-five thousand dollars (2,500). The commission, by rule shall provide a summary procedure for such determination at the track, the penalty amount for specified violations, and shall provide for an appeal of any summary decision to the commission. At-the-track summary proceedings shall not be subject to the provisions of chapter 52, title 67 , Idaho Code. Hearings and appeals before the commission as allowed by this act or the rules of the commission shall be subject to chapter 52, title 67 , Idaho Code, except the provisions of section 67-5254 (2), Idaho Code, which is inconsistent with the unique requirements of racing. (5) All law enforcement officers in this state shall assist in the enforcement of this act and the rules of the commission. History: [54-2509, added 1963, ch. 64, sec. 9, p. 246; am. 1969, ch. 221, sec. 3, p. 724; am. 1977, ch. 230, sec. 1, p. 685; am. 1980, ch. 58, sec. 1, p. 116; am. 1987, ch. 316, sec. 7, p. 665; am. 1988, ch. 141, sec. 2, p. 257; am. 1996, ch. 75, sec. 1, p. 241.]
54-2510
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2510. Race exclusively for Idaho bred horses — Bonus for Idaho bred winners. (1) For the purpose of encouraging the breeding, within this state, of valuable thoroughbred, purebred and/or registered horses, at least one (1) race each day at each horse race meet shall be limited to Idaho bred horses. If in the opinion of the commission sufficient competition cannot be had among such class of horses, said race may be written as an Idaho bred preferred race instead. (2) A sum equal to ten percent (10%) of the first place purse money won by an Idaho bred horse shall be paid by the licensee conducting the race meet to the breeder of such horse. All purse moneys derived from pari-mutuel racing and all purse enhancement moneys from the Idaho state racing commission shall be included in the calculation of these breeder payments. All nominating and sustaining fees, and any moneys from outside sponsors shall be excluded from the calculation of these breeder payments. History: [54-2510, added 1963, ch. 64, sec. 10, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1987, ch. 316, sec. 4, p. 662; am. 2008, ch. 26, sec. 1, p. 39.]
54-2511
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2511. Public liability insurance. For the protection of the public, and all members thereof, the exhibitors and visitors, every person licensed to conduct a race meet under the provisions of this act shall carry public liability insurance in an amount and form of contract and with a company to be approved by the commission. History: [54-2511, added 1963, ch. 64, sec. 11, p. 246; am. 1969, ch. 221, sec. 1, p. 724.]
54-2512
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2512. Pari-mutuel betting — Other betting illegal. (1) Any licensee conducting a race meet under this chapter may provide a place or places in the race meet grounds or enclosure at which such licensee may conduct and supervise the use of the pari-mutuel system by patrons on the result of the races conducted by such licensee at such race meet and, upon written application by a licensee and approval by the commission, on the result of simulcast and/or televised races. The commission shall issue no more than one (1) license to simulcast per live race meet licensee and there shall be no more simulcasting sites in the state than there are licensed live race meet sites. (2) Licenses authorizing simulcast and/or televised races will be regulated by the commission, in addition to its other responsibilities, for the purpose of enhancing, promoting, and protecting the live race industry in the state of Idaho. No license authorizing simulcasting and/or televised races shall be issued to or renewed for persons that are not also licensed to conduct live race meets in the state of Idaho. Persons applying for a simulcast and/or televised race license shall have an agreement reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7 , Idaho Code, with a horsemen’s group as the term horsemen’s group is defined in section 54-2502 , Idaho Code. The agreement shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen’s agreement be held in the simulcast purse moneys fund created pursuant to the provisions of section 54-2508 , Idaho Code. Race days agreed upon shall be submitted to the Idaho racing commission for its approval. (3) Upon written application by a live horse race licensee and approval by the Idaho state racing commission, a license may be issued to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races in a facility not located on the grounds of a live horse race meet facility, but within the county that the live horse race facility is located, subject to the following restrictions: (a) In addition to the distribution and payment of the handle as described in section 54-2513 , Idaho Code, a licensee operating under a license described in this subsection shall pay to the Idaho state racing commission for deposit in the live horse race purse distribution fund, a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races. The Idaho state racing commission shall distribute the moneys from the live horse race purse distribution fund to those live horse race licensees that ran less than fifteen (15) live race days during the pre
54-2513
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2513. Horse racing — Distributions of deposits — Breakage. (A) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle in excess of one hundred thousand dollars (100,000) shall retain the sums deposited in any pool as required in subsection (A) of this section, for distribution and payment based upon gross daily receipts as follows: (1) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission, for deposit in the racing commission account, which is hereby created in the state regulatory fund. (2) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated, shall be paid to the Idaho state racing commission for deposit in the track distribution account, which is hereby created in the pari-mutuel distribution fund, for further distribution to certain Idaho horse race tracks, defined as follows: a. Recipient horse racing tracks shall be those which, during the race meet year of distribution, have a total race handle from both live races and simulcast races of less than five million dollars ($5,000,000); b. Distributions to recipient horse racing tracks shall be weighted proportionately on the number of days raced during the year of distribution. All moneys in the track distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to horse racing tracks shall be made annually but not later than December 15. (3) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated shall be paid by the licensee to the commission for deposit in the breed distribution account, which is hereby created in the pari-mutuel distribution fund, for payment by the commission in proportion to the handle generated by each horse breed, to lawfully constitut
54-2514
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2514. Dog racing — Distribution of deposits — Breakage. (1) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall distribute all sums deposited in any pool as follows: (a) Seventy-nine and one-half percent (79.5%) of any win, place or show pool to the winner thereof, and twenty and one-half percent (20.5%) to the licensee; (b) Seventy-seven percent (77%) of all two (2) dog exotic wagers including, but not limited to, daily doubles and quinellas to the winner thereof, and twenty-three percent (23%) to the licensee; (c) Seventy-five percent (75%) of all three (3) or more dog exotic wagers including, but not limited to, trifecta, twin trifecta, pick three, pick six and superfecta, to the winner thereof, and twenty-five percent (25%) to the licensee. (2) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall retain the sums deposited in any pool as required in subsection (1) of this section, for distribution and payment based upon gross daily receipts as follows: (a) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the racing commission account. (b) One percent (1%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for payment to the county in which the dog racing facility is located. The board of county commissioners shall spend such revenues only for visitor promotion. (c) One-half percent (.5%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the Idaho horse breeders’ and owners’ award account in the state treasury for further distribution as follows: (i) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders’ and owners’ award account shall be distributed by the racing commission annually but not later than December 15, to the breeders of Idaho bred winners of each approved horse race in Idaho in proportion to the handle generated by each breed; and (ii) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders’ and owners’ award account shall be distributed by the racing commission annually but not later than December 15, in equal amounts to owners of Idaho bred horse race winners. (d) From the balance of gross daily receipts remaining with the licensee after the distributions required in subsections (1)(a), (b) and (c) of this section from simulcast or televised dog races, the following amounts shall be paid or retained: (i) From the first twenty thousand dollars (10,000) of gross daily receipts, (gross daily receipts between twenty thousand dollars (30,000)) the public school income fund shall receive one-quarte
54-2514A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2514A. Dog racing illegal after the effective date of this act. (1) On and after the effective date of this act, live dog races and pari-mutuel betting on such races or the training of dogs to compete in live dog races shall be illegal in the state of Idaho. Notwithstanding any other provision of law to the contrary, the provisions of this section shall not be deemed to alter or affect simulcasts and simulcast pari-mutuel wagering at a facility that was licensed and authorized prior to January 1, 1996, to conduct live dog races and pari-mutuel wagering on them prior to the effective date of this act, and horse and dog race simulcasts and pari-mutuel wagering on such simulcasts may be conducted at that facility, or at an alternate facility in the same county and approved by the commission as if the facility were still licensed and under the same conditions and restrictions imposed by law on a licensee. Under no circumstances shall the provisions of this section or section 54-2512 , Idaho Code, be used to grant more than one (1) license to conduct simulcast pari-mutuel wagering in any county. Any person participating or conducting a live dog race or pari-mutuel betting on such a live dog race or the training of dogs to compete in live dog races in violation of this section shall be guilty of a felony. (2) The provisions of subsection (1) of this section shall not apply to exhibition-style live dog races upon which no pari-mutuel betting occurs on or off the site of the race or training, where the maximum track length and race does not exceed one hundred fifty (150) feet, or to the training of dogs to compete in exhibition-style live dog races, conducted at county fairs. The proper care, humane treatment and protection of a dog participating in an exhibition dog race shall be the responsibility of its owner, and all dog races and associated training shall be conducted in a manner consistent with the provisions of chapter 35, title 25 , Idaho Code. (3) The provisions of subsection (1) of this section shall not apply to a sled dog race or to the training of dogs for a sled dog race meeting the requirements of this subsection and upon which no pari-mutuel betting occurs on or off the site of the race or training. A sled dog race means a timed competition of teams of sled dogs that pull a sled with the dog musher standing on the runners of the sled. The proper care, humane treatment and protection of a dog participating in a sled dog race shall be the responsibility of its owner, and all sled dog races and associated training shall be conducted in a manner consistent with the provisions of chapter 35, title 25 , Idaho Code. History: [54-2514A, added 1996, ch. 310, sec. 1, p. 1016; am. 1999, ch. 394, sec. 2, p. 1093; am. 2005, ch. 222, sec. 1, p. 698; am. 2017, ch. 126, sec. 1, p. 296.]
54-2515
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2515. Exemption from fee payment — Payment of sums due commission — Payment to public school income fund. Fair boards or fair districts which conduct race meets in connection with regularly scheduled annual fairs shall be exempt from payment of the fees provided in section 54-2508 , Idaho Code. All sums due the commission from the licensee shall be paid to and retained by the commission for the payment of salaries, travel, operating costs and any other expenses necessary to carry out the provisions of this act, except that no payment need be made for office accommodations furnished by the state: provided, however, that no salary, wages, expenses or compensation of any kind shall be paid by the state of Idaho for, or in connection with, the work of the commission in carrying out the provisions of this act. All sums due the public school income fund shall be collected by the commission, and, on the next business day following the receipt thereof, shall be paid to the state treasurer for deposit in the public school income fund of the state treasury. History: [(54-2515) 1969, ch. 221, sec. 5, p. 724; am. 1980, ch. 123, sec. 3, p. 280; redesignated 1992, ch. 19, sec. 5, p. 63.]
54-2516
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2516. Licensee’s right to withhold deposits. (1) In the event any government or governmental agency imposes a levy on a licensee, by a special tax on the money so deposited under the pari-mutuel system, or upon or against his receipts therefrom, the said licensee may withhold in addition to the aforesaid per centum and breakage, as provided in section 54-2513 or section 54-2514 , Idaho Code, the amount of the tax so levied. (2) Breakage for interstate combined wagering pools shall be calculated in accordance with the statutes or rules of the host jurisdiction, and must be distributed among the participating jurisdictions in a manner agreed to among the jurisdictions. History: [(54-2516) 1963, ch. 64, sec. 15, p. 246; am. 1991, ch. 56, sec. 4, p. 109; amended and redesignated 1992, ch. 19, sec. 6, p. 63.]
54-2517
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 25 HORSE RACING 54-2517. Bond requirement. Every race meet licensee shall provide and deliver to the commission a bond signed by a surety company licensed to do business in this state in such form and in the sum as may be required by the commission, and conditioned that said licensee will pay to the state of Idaho all moneys due the state under the provisions of this act. History: [(54-2517) 1963, ch. 64, sec. 16, p. 246; am. 1969, ch. 221, sec. 6, p. 724; redesignated 1992, ch. 19, sec. 7, p. 63.]