HOUSE BILL No. 5058

 

July 24, 2007, Introduced by Rep. Cushingberry and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1995 PA 279, entitled

 

"Horse racing law of 1995,"

 

by amending sections 17, 18, and 20 (MCL 431.317, 431.318, and

 

431.320), sections 17 and 18 as amended by 1998 PA 408 and section

 

20 as amended by 2006 PA 185.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17. (1) The pari-mutuel system of wagering upon the

 

results of horse races as permitted by this act shall not be held

 

or construed to be unlawful. All forms of pari-mutuel wagering

 

conducted at a licensed race meeting shall be preapproved by the

 

racing commissioner pursuant to rule or written order of the

 

commissioner.

 

     (2) A holder of a race meeting license may provide a place in

 


the race meeting grounds or enclosure at which he or she may

 

conduct and supervise the pari-mutuel system of wagering on the

 

results of horse races as permitted by this act. If the pari-mutuel

 

system of wagering is used at a race meeting, a totalisator or

 

other device that is equal in accuracy and clearness to a

 

totalisator and approved by the racing commissioner shall be used.

 

The odds display of the totalisator or other device shall be placed

 

in full view of the patrons.

 

     (3) Subject to section 18(3), each holder of a race meeting

 

license shall retain as his or her commission on all forms of

 

straight wagering 17% 20% of all money wagered involving straight

 

wagers on the results of live and simulcast horse races conducted

 

at the licensee's race meetings. Subject to section 18(3), each

 

holder of a race meeting license shall retain as his or her

 

commission on all forms of multiple wagering, without the written

 

permission of the racing commissioner not more than 28% 31% and

 

with the written permission of the racing commissioner not more

 

than 35% 38% of all money wagered involving any form of multiple

 

wager on the results of live and simulcast horse races conducted at

 

the licensee's race meeting. Except as otherwise provided by

 

contract, and after deducting payments required under subsection

 

(8), 50% of all commissions from wagering on the results of live

 

racing at the racetrack where the live racing was conducted shall

 

be paid to the horsemen's purse pool at the racetrack where the

 

live racing was conducted. As used in this subsection:

 

     (a) "Straight wagering" means a wager made on the finishing

 

position of a single specified horse in a single specified race.

 


     (b) "Multiple wagering" means a wager made on the finishing

 

positions of more than 1 horse in a specified race or the finishing

 

positions of 1 or more horses in more than 1 specified race.

 

     (4) All breaks shall be retained by the race meeting licensee

 

and paid directly to the city or township in which the racetrack is

 

located as a fee for services provided pursuant to section 21.

 

     (5) Payoff prices of tickets of a higher denomination shall be

 

calculated as even multiples of the payoff price for a $1.00 wager.

 

Each holder of a race meeting license shall distribute to the

 

persons holding winning tickets, as a minimum, a sum not less than

 

$1.10 calculated on the basis of each $1.00 deposited in a pool,

 

except that each race meeting licensee may distribute a sum of not

 

less than $1.05 to persons holding winning tickets for each $1.00

 

deposited in a minus pool. As used in this subsection, "minus pool"

 

means any win, place, or show pool in which the payout would exceed

 

the total value of the pool.

 

     (6) A holder of a race meeting license shall not knowingly

 

permit a person less than 18 years of age to be a patron of the

 

pari-mutuel wagering conducted or supervised by the holder.

 

     (7) Any act or transaction relative to pari-mutuel wagering on

 

the results of live or simulcast horse races shall only occur or be

 

permitted to occur within the enclosure of a licensed race meeting.

 

A person shall not participate in or be a party to any act or

 

transaction relative to placing a wager or carrying a wager for

 

placement outside of a race meeting ground. A person shall not

 

provide messenger service for the placing of a bet for another

 

person who is not a patron. However, this subsection does not

 


prevent simulcasting or intertrack or interstate common pool

 

wagering inside or outside this state as permitted by this act or

 

the rules promulgated under this act.

 

     (8) From the commission allowed under subsection (3), a race

 

meeting licensee shall pay to the Michigan agriculture equine

 

industry development fund created in section 20 an amount equal to

 

2% of all money wagered on the results of live and simulcast horse

 

races conducted at the licensee's race meetings.

 

     (9) As used in this section:

 

     (a) "Minus pool" means a win, place, or show pool in which the

 

payout would exceed the total value of the pool.

 

     (b) "Multiple wagering" means wagering made on the finishing

 

positions of more than 1 horse in a specified race or the finishing

 

positions of 1 or more horses in more than 1 specified race.

 

     (c) "Straight wagering" means wagering made on the finishing

 

position of a single specified horse in a single specified race.

 

     Sec. 18. (1) Simulcasting by race meeting licensees may be

 

authorized by the racing commissioner subject to the limitations of

 

this section. As used in this section, "simulcast" means the live

 

transmission of video and audio signals conveying a horse race held

 

either inside or outside this state to a licensed race meeting in

 

this state. A simulcast from 1 racetrack in this state to another

 

racetrack in this state shall be called an "intertrack simulcast".

 

A simulcast from a racetrack outside this state to a racetrack

 

inside this state shall be called an "interstate simulcast".

 

     (2) The holder of a race meeting license may apply to the

 

racing commissioner, in the manner and form required by the

 


commissioner, for a permit to televise simulcasts of horse races to

 

viewing areas within the enclosure of the licensed racetrack at

 

which the applicant is licensed to conduct its race meeting. The

 

commissioner may issue a permit for individual race and full card

 

simulcasts televised during, between, before, or after programmed

 

live horse races on any day that live racing is conducted by the

 

applicant, and also on other days during the term of the

 

applicant's license when the applicant does not conduct live horse

 

racing, subject to the following conditions:

 

     (a) The applicant shall have a current contract with a

 

certified horsemen's organization.

 

     (b) The applicant shall have applied for and been allocated

 

the minimum number of live racing dates required by section 12(1)

 

to (5), subject to the availability of adequate horse supply as

 

determined by the racing commissioner.

 

     (c) The applicant shall make a continuing good faith effort

 

throughout the duration of its race meeting to program and conduct

 

not less than 9 or more live horse races on each live racing date

 

allocated to the applicant.

 

     (d) The certified horsemen's organization with which the

 

applicant has contracted shall have consented to the requested

 

simulcasts on any live racing day when the applicant is unable to

 

program and conduct not less than 9 or more live horse races, if

 

required by section 12(6).

 

     (e) If the requested simulcasts are interstate, the applicant

 

shall waive in writing any right that the applicant may have under

 

the interstate horse racing act of 1978, Public Law 95-515, 15

 


U.S.C. USC 3001 to 3007, to restrict interstate simulcasts by other

 

race meeting licensees in this state.

 

     (f) If the applicant conducts its race meeting in a city area,

 

the applicant shall make the video and audio signals of its live

 

horse races available for intertrack simulcasting to all licensed

 

race meetings in this state located more than 12 miles from the

 

applicant's race meeting. The applicant shall charge each race

 

meeting licensee the same fee to receive its live signals for

 

intertrack simulcasting. The fee shall not exceed 3% of the total

 

amount wagered on the intertrack simulcast at each race meeting

 

that receives the simulcast.

 

     (g) Except as otherwise agreed by the race meeting licensees

 

in a city area and the respective certified horsemen's

 

organizations with which they contract, a if the licensee is in a

 

city area, the licensee shall receive all available intertrack

 

simulcasts from licensed race meetings in the city area located

 

more than 12 miles from the licensee's race meeting.

 

     (h) A licensed If the licensee conducts its race meeting

 

outside a city area, the licensee shall not conduct interstate

 

simulcasts unless it also receives all intertrack simulcasts from

 

licensed race meetings in a city area that are available.

 

     (i) All applicants conducting licensed If the applicant

 

conducts its race meetings in a city area, the applicant shall

 

authorize all other race meeting licensees in the state to conduct

 

simulcasts of races of the breed for which the applicant is

 

licensed to conduct live horse racing. An The applicant may shall

 

not conduct interstate simulcasts unless the applicant gives

 


authorization, to do so is given by the applicant, in accordance

 

with subdivision (j), permitting all other race meeting licensees

 

to receive interstate simulcasts of a different breed than they are

 

licensed to race live.

 

     (j) A The race meeting licensee shall not conduct an

 

interstate simulcast of a different breed than it is licensed to

 

race live at its race meeting, unless the licensee has the written

 

permission of all race meeting licensees in a city area that are

 

licensed to race that breed live at their race meetings.

 

     (k) All authorized simulcasts shall be conducted in compliance

 

with the written permit and related orders issued by the racing

 

commissioner and all other requirements and conditions of this act

 

and the rules of the racing commissioner promulgated under this

 

act.

 

     (l) All authorized interstate simulcasts shall also comply with

 

the interstate horse racing act of 1978, Public Law 95-15, 15

 

U.S.C. USC 3001 to 3007.

 

     (3) All forms of wagering by pari-mutuel methods provided for

 

under this act for live racing shall be allowed on simulcast horse

 

races authorized under this section. All money wagered on simulcast

 

horse races at a licensed race meeting shall be included in

 

computing the total amount of all money wagered at the licensed

 

race meeting for purposes of section 17. When the simulcast is an

 

interstate simulcast, the money wagered on that simulcast shall

 

form a separate pari-mutuel pool at the receiving track unless 2 or

 

more licensees receive the same interstate simulcast signals or the

 

racing commissioner permits the receiving track to combine its

 


interstate simulcast pool with the pool created at the out-of-state

 

sending track on the same race. If 2 or more licensees receive the

 

same interstate simulcast signals, the money wagered on the

 

simulcasts shall be combined in a common pool and the licensees

 

shall jointly agree and designate at which race meeting the common

 

pool will be located. However, if the law of the jurisdiction in

 

which the sending racetrack is located permits interstate common

 

pools at the sending racetrack, the racing commissioner may permit

 

pari-mutuel pools on interstate simulcast races in this state to be

 

combined with pari-mutuel pools on the same races created at the

 

out-of-state sending racetrack. If the pari-mutuel pools on the

 

interstate simulcast races in this state are combined in a common

 

pool at the out-of-state sending track, then the commissions

 

described in section 17 on the pool created in this state shall be

 

adjusted to equal the commissions in effect at the sending track

 

under the laws of its jurisdiction. If the simulcast is an

 

intertrack simulcast, the money wagered on that simulcast at the

 

receiving racetrack shall be added to the pari-mutuel pool at the

 

sending racetrack.

 

     (4) Each race meeting licensee that receives an interstate

 

simulcast shall pay to the horsemen's simulcast purse pool

 

established under section 19 a sum equal to 40% of the licensee's

 

net commission from all money wagered on the interstate simulcast,

 

as determined by section 17(3) after first deducting from the

 

licensee's statutory commission the payment required under section

 

17(8), the applicable state tax on wagering due and payable under

 

section 22, and the actual verified fee paid by the licensee to the

 


sending host track to receive the interstate simulcast signal. The

 

licensee shall retain the remaining balance of its net commission

 

and shall be is responsible for paying all other capital and

 

operational expenses related to receiving interstate simulcasts at

 

its race meeting. Any subsequent rebate of a fee paid by a licensee

 

to receive interstate simulcast signals shall be shared equally by

 

the licensee and the horsemen's simulcast purse pool established

 

under section 19.

 

     (5) A race meeting licensee licensed to conduct pari-mutuel

 

horse racing in a city area shall provide the necessary equipment

 

to send intertrack simulcasts of the live horse races conducted at

 

its race meeting to all other race meeting licensees in this state,

 

and shall send its intertrack simulcast signals to those licensees

 

upon request for an agreed fee, which shall not exceed 3% of the

 

total amount wagered on the race at the receiving track. Race

 

meeting licensees that send or receive intertrack simulcasts shall

 

make the following payments to the horsemen's purse pools:

 

     (a) Each race meeting licensee that sends an intertrack

 

simulcast shall pay 50% of the simulcast fee that it receives for

 

sending the simulcast signal to the horsemen's purse pool at the

 

sending track.

 

     (b) Each race meeting licensee that receives an intertrack

 

simulcast shall pay to the horsemen's simulcast purse pool

 

established pursuant to section 19 a sum equal to 40% of the

 

receiving track's net commission from wagering on the intertrack

 

simulcast under section 17(3) after first deducting from the

 

licensee's statutory commission the payment required under section

 


17(8), the applicable state tax on wagering due and owing under

 

section 22, and the actual verified fee paid by the receiving track

 

to the sending host track to receive the intertrack simulcast

 

signal.

 

     (6) The racing commissioner may authorize a race meeting

 

licensee to transmit simulcasts of live horse races conducted at

 

its racetrack to locations outside of this state in accordance with

 

the interstate horse racing act of 1978, Public Law 95-515, 15

 

U.S.C. USC 3001 to 3007, or any other applicable laws, and may

 

permit pari-mutuel pools on such the simulcast races created under

 

the laws of the jurisdiction in which the receiving track is

 

located to be combined in a common pool with pari-mutuel pools on

 

the same races created in this state. A race meeting licensee that

 

transmits simulcasts of its races to locations outside this state

 

shall pay 50% of the fee that it receives for sending the simulcast

 

signal to the horsemen's purse pool at the sending track after

 

first deducting the actual verified cost of sending the signal out

 

of state.

 

     (7) Simulcasting of events other than horse races for purposes

 

of pari-mutuel wagering is prohibited.

 

     (8) As used in this section:

 

     (a) "Interstate simulcast" means a simulcast from a racetrack

 

outside this state to a racetrack inside this state.

 

     (b) "Intertrack simulcast" means a simulcast from 1 racetrack

 

in this state to another racetrack in this state.

 

     (c) "Simulcast" means the live transmission of video and audio

 

signals conveying a horse race held either inside or outside this

 


state to a licensed race meeting in this state.

 

     Sec. 20. (1) It is the policy of this state to encourage the

 

breeding of horses of all breeds in this state and the ownership of

 

such horses by residents of this state to provide for sufficient

 

numbers of high quality race horses of all breeds to participate in

 

licensed race meetings in this state; to promote the positive

 

growth and development of high quality horse racing and other

 

equine competitions in this state as a business and entertainment

 

activity for residents of this state; and to establish and preserve

 

the substantial agricultural and commercial benefits of the horse

 

racing and breeding industry to the state of Michigan. It is the

 

intent of the legislature to further this policy by the provisions

 

of this act and annual appropriations to administer this act and

 

adequately fund the agriculture and equine industry programs

 

established by this section.

 

     (2) Money received by the racing commissioner and the state

 

treasurer under this act shall be paid promptly into the state

 

treasury and placed in the Michigan agriculture equine industry

 

development fund created in subsection (3).

 

     (3) The Michigan agriculture equine industry development fund

 

is created in the department of treasury. The Michigan agriculture

 

equine industry development fund shall be administered by the

 

director of the department of agriculture with the assistance and

 

advice of the racing commissioner.

 

     (4) Money shall not be expended from the Michigan agriculture

 

equine industry development fund except as appropriated by the

 

legislature. Money appropriated by the legislature for the Michigan

 


agriculture equine industry development fund shall be expended by

 

the director of the department of agriculture with the advice and

 

assistance of the racing commissioner to make the payments required

 

by subsection (18) and to provide funding for the general fund as

 

provided in subsection (17) and for agriculture and equine industry

 

development programs as provided in subsections (5) to (11).

 

     (5) The following amounts shall be paid to standardbred and

 

fair programs:

 

     (a) A sum not to exceed 75% of the purses for standardbred

 

harness horse races offered by fairs and races at licensed pari-

 

mutuel racetracks. Purse supplements for overnight races at fairs

 

paid pursuant to this subsection shall be $1,000.00. However, if

 

the average purse offered for maiden overnight races of the same

 

breed at any licensed race meeting in this state during the

 

previous year as calculated by the department of agriculture was

 

less than $1,000.00, purse supplements for overnight races at fairs

 

paid under this subsection shall not exceed that average purse.

 

     (b) A sum to be allotted on a matching basis, but not to

 

exceed $15,000.00 each year to a single fair, for the purpose of

 

equipment rental during fairs; ground improvement; constructing,

 

maintaining, and repairing buildings; and making the racetrack more

 

suitable and safe for racing at fairs.

 

     (c) A sum to be allotted for paying special purses at fairs on

 

2-year-old and 3-year-old standardbred harness horses conceived

 

after January 1, 1992, and sired by a standardbred stallion

 

registered with the Michigan department of agriculture that was

 

leased or owned by a resident or residents of this state and that

 


did not serve a mare at a location outside of this state from

 

February 1 through July 31 of the calendar year in which the

 

conception occurred. A foal that is born on or after January 1,

 

2002 of a mare owned by a nonresident of this state and that is

 

conceived outside of this state from transported semen of a

 

stallion registered with the Michigan department of agriculture is

 

eligible for Michigan tax-supported races only if, in the year that

 

the foal is conceived, the Michigan department of agriculture's

 

agent for receiving funds as the holding agent for stakes and

 

futurities is paid a transport fee as determined by the Michigan

 

department of agriculture and administered by the Michigan harness

 

horsemen's association.

 

     (d) A sum to pay not more than 75% of an eligible cash premium

 

paid by a fair or exposition. The commission of agriculture shall

 

promulgate rules establishing which premiums are eligible for

 

payment and a dollar limit for all eligible payments.

 

     (e) A sum to pay breeders' awards in an amount not to exceed

 

10% of the gross purse to breeders of Michigan bred standardbred

 

harness horses for each time the horse wins a race at a licensed

 

race meeting or fair in this state. As used in this subdivision,

 

"Michigan bred standardbred harness horse" means a horse from a

 

mare owned by a resident or residents of this state at the time of

 

conception, that was conceived after January 1, 1992, and sired by

 

a standardbred stallion registered with the Michigan department of

 

agriculture that was leased or owned by a resident or residents of

 

this state and that did not serve a mare at a location outside of

 

this state from February 1 through July 31 of the calendar year in

 


which the conception occurred. To be eligible, each mare shall be

 

registered with the Michigan department of agriculture. A foal that

 

is born on or after January 1, 2002 of a mare owned by a

 

nonresident of this state and that is conceived outside of this

 

state from transported semen of a stallion registered with the

 

Michigan department of agriculture is eligible for Michigan tax-

 

supported races only if, in the year that the foal is conceived,

 

the Michigan department of agriculture's agent for receiving funds

 

as the holding agent for stakes and futurities is paid a transport

 

fee as determined by the Michigan department of agriculture and

 

administered by the Michigan harness horsemen's association.

 

     (f) A sum not to exceed $4,000.00 each year to be allotted to

 

fairs to provide training and stabling facilities for standardbred

 

harness horses.

 

     (g) A sum to be allotted to pay the presiding judges and

 

clerks of the course at fairs. Presiding judges and clerks of the

 

course shall be hired by the fair's administrative body with the

 

advice and approval of the racing commissioner. The director of the

 

department of agriculture may allot funds for a photo finish system

 

and a mobile starting gate. The director of the department of

 

agriculture shall allot funds for the conducting of tests, the

 

collection and laboratory analysis of urine, saliva, blood, and

 

other samples from horses, and the taking of blood alcohol tests on

 

drivers, jockeys, and starting gate employees, for those races

 

described in this subdivision. The department may require a driver,

 

jockey, or starting gate employee to submit to a breathalyzer test,

 

urine test, or other noninvasive fluid test to detect the presence

 


of alcohol or a controlled substance. If the results of a test show

 

that a person has more than .05% of alcohol in his or her blood, or

 

has present in his or her body a controlled substance, the person

 

shall not be permitted to continue in his or her duties on that

 

race day and until he or she can produce, at his or her own

 

expense, a negative test result.

 

     (h) A sum to pay purse supplements to licensed pari-mutuel

 

harness race meetings for special 4-year-old filly and colt horse

 

races.

 

     (i) A sum not to exceed 0.25% of all money wagered on live and

 

simulcast horse races in Michigan shall be placed in a special

 

standardbred sire stakes fund each year, 100% of which shall be

 

used to provide purses for races run exclusively for 2-year-old and

 

3-year-old Michigan sired standardbred horses at licensed harness

 

race meetings in this state. As used in this subdivision, "Michigan

 

sired standardbred horses" means standardbred horses conceived

 

after January 1, 1992 and sired by a standardbred stallion

 

registered with the Michigan department of agriculture that was

 

leased or owned by a resident or residents of this state and that

 

did not serve a mare at a location outside of this state from

 

February 1 through July 31 of the calendar year in which the

 

conception occurred. A foal that is born on or after January 1,

 

2002 of a mare owned by a nonresident of this state and that is

 

conceived outside of this state from transported semen of a

 

stallion registered with the Michigan department of agriculture is

 

eligible for Michigan tax-supported races only if, in the year that

 

the foal is conceived, the Michigan department of agriculture's

 


agent for receiving funds as the holding agent for stakes and

 

futurities is paid a transport fee as determined by the Michigan

 

department of agriculture and administered by the Michigan harness

 

horsemen's association.

 

     (6) The following amounts shall be paid to thoroughbred

 

programs:

 

     (a) A sum to be allotted thoroughbred race meeting licensees

 

to supplement the purses for races to be conducted exclusively for

 

Michigan bred horses.

 

     (b) A sum to pay awards to owners of Michigan bred horses that

 

finish first, second, or third in races open to non-Michigan bred

 

horses.

 

     (c) A sum to pay breeders' awards in an amount not to exceed

 

10% of the gross purse to the breeders of Michigan bred

 

thoroughbred horses for each time Michigan bred thoroughbred horses

 

win at a licensed race meeting in this state.

 

     (d) A sum to pay purse supplements to licensed thoroughbred

 

race meetings for special 4-year-old and older filly and colt horse

 

races.

 

     (e) A sum not to exceed 0.25% of all money wagered on live and

 

simulcast horse races in Michigan shall be placed in a special

 

thoroughbred sire stakes fund each year, 100% of which shall be

 

used to provide purses for races run exclusively for 2-year-old and

 

3-year-old and older Michigan sired thoroughbred horses at licensed

 

thoroughbred race meetings in this state and awards for owners of

 

Michigan sired horses or stallions. As used in this subdivision,

 

"Michigan sired thoroughbred horses" means thoroughbred horses

 


sired by a stallion registered with the department of agriculture

 

that was leased or owned exclusively by a resident or residents of

 

this state and that did not serve a mare at a location outside of

 

this state during the calendar year in which the service occurred.

 

     (f) A sum to be allotted sufficient to pay for the collection

 

and laboratory analysis of urine, saliva, blood, and other samples

 

from horses and licensed persons and for the conducting of tests

 

described in section 16(4)(b).

 

     (7) The following amounts shall be paid for quarter horse

 

programs:

 

     (a) A sum to supplement the purses for races to be conducted

 

exclusively for Michigan bred quarter horses.

 

     (b) A sum to pay not more than 75% of the purses for

 

registered quarter horse races offered by fairs.

 

     (c) A sum to pay breeders' awards in an amount not to exceed

 

10% of a gross purse to breeders of Michigan bred quarter horses

 

for each time a Michigan bred quarter horse wins at a county fair

 

or licensed race meeting in this state.

 

     (d) A sum to pay for the collection and laboratory analysis of

 

urine, saliva, blood, and other samples from horses and licensed

 

persons and the taking of blood alcohol tests on jockeys for those

 

races described in this subsection and for the conducting of tests

 

described in section 16(4)(b).

 

     (e) As used in this subsection, "Michigan bred quarter horse"

 

means that term as defined in R 285.817.1 of the Michigan

 

administrative code. Each mare and stallion shall be registered

 

with the director of the department of agriculture.

 


     (8) The following amounts shall be paid for Appaloosa

 

programs:

 

     (a) A sum to supplement the purses for races to be conducted

 

exclusively for Michigan bred Appaloosa horses.

 

     (b) A sum to pay not more than 75% of the purses for

 

registered Appaloosa horse races offered by fairs.

 

     (c) A sum to pay breeders' awards in an amount not to exceed

 

10% of the gross purse to the breeders of Michigan bred Appaloosa

 

horses for each time Michigan bred horses win at a fair or licensed

 

race meeting in this state.

 

     (d) The department shall also allot sufficient funds from the

 

revenue received from Appaloosa horse racing to pay for the

 

collection and laboratory analysis of urine, saliva, blood, or

 

other samples from horses and licensed persons and the taking of

 

blood alcohol tests on jockeys for those races described in this

 

subsection and for the conducting of tests described in section

 

16(4)(b).

 

     (e) As used in this subsection, "Michigan bred Appaloosa

 

horse" means that term as defined in R 285.819.1 of the Michigan

 

administrative code. Each mare and stallion shall be registered

 

with the director of the department of agriculture.

 

     (9) The following amounts shall be paid for Arabian programs:

 

     (a) A sum to supplement the purses for races to be conducted

 

exclusively for Michigan bred Arabian horses.

 

     (b) A sum to pay not more than 75% of the purses for

 

registered Arabian horse races offered by fairs.

 

     (c) A sum to pay breeders' awards in an amount not to exceed

 


10% of the gross purse to the breeders of Michigan bred Arabian

 

horses for each time Michigan bred horses win at a fair or licensed

 

racetrack in this state.

 

     (d) A sum allotted from the revenue received from Arabian

 

horse racing to pay for the collection and laboratory analysis of

 

urine, saliva, blood, and other samples from horses and licensed

 

persons and the taking of blood alcohol tests on jockeys for those

 

races described in this subsection and for the conducting of tests

 

described in section 16(4)(b).

 

     (e) As used in this subsection, "Michigan bred Arabian horse"

 

means a Michigan-bred horse as that term is defined in R

 

285.822.1(i) of the Michigan administrative code. Each mare and

 

stallion shall be registered with the director of the department of

 

agriculture.

 

     (10) The following sums shall be paid for American paint horse

 

programs:

 

     (a) A sum to supplement the purses for races to be conducted

 

exclusively for Michigan bred American paint horses.

 

     (b) A sum to pay not more than 75% of the purses for

 

registered American paint horse races offered by fairs.

 

     (c) A sum to pay breeders' awards in an amount not to exceed

 

10% of the gross purse to the breeders of Michigan bred American

 

paint horses for each time a Michigan bred American paint horse

 

wins at a county fair or licensed race meeting in this state.

 

     (d) A sum to pay for the collection and laboratory analysis of

 

urine, saliva, blood, and other samples from horses and licensed

 

persons and the taking of blood alcohol tests on jockeys for those

 


races described in this subsection and for the conducting of tests

 

described in section 16(4)(b).

 

     (e) As used in this subsection, "Michigan bred American paint

 

horse" means a Michigan-bred paint horse as that term is defined in

 

R 285.823.1 of the Michigan administrative code.

 

     (11) The following amounts shall be paid for the equine

 

industry research, planning, and development grant fund program:

 

     (a) A sum to fund grants for research projects conducted by

 

persons affiliated with a university or governmental research

 

agency or institution or other private research entity approved by

 

the racing commissioner, which are beneficial to the horse racing

 

and breeding industry in this state.

 

     (b) A sum to fund the development, implementation, and

 

administration of new programs that promote the proper growth and

 

development of the horse racing and breeding industry in this state

 

and other valuable equine-related commercial and recreational

 

activities in this state.

 

     (12) As used in subsection (11), "equine industry research"

 

means the study, discovery and generation of accurate and reliable

 

information, findings, conclusions, and recommendations that are

 

useful or beneficial to the horse racing and breeding industry in

 

this state through improvement of the health of horses; prevention

 

of equine illness and disease, and performance-related accidents

 

and injuries; improvement of breeding technique and racing

 

performance; and compilation and study of valuable and reliable

 

statistical data regarding the size, organization, and economics of

 

the industry in this state; and strategic planning for the

 


effective promotion, growth, and development of the industry in

 

this state.

 

     (13) Subject to subsection (17), money appropriated and

 

allotted to the Michigan agriculture equine industry development

 

fund shall not revert to the general fund and shall be carried

 

forward from year to year until disbursed to fund grants for

 

research projects beneficial to the industry.

 

     (14) A percentage of the Michigan agriculture equine industry

 

development fund that is equal to 1/100 of 1% of the gross wagers

 

made each year in each of the racetracks licensed under this act

 

shall be deposited in the compulsive gaming prevention fund created

 

in section 3 of the compulsive gaming prevention act, 1997 PA 70,

 

MCL 432.253.

 

     (15) The director of the department of agriculture shall

 

promulgate rules pursuant to the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this section.

 

The rules promulgated under this subsection shall do all of the

 

following:

 

     (a) Prescribe the conditions under which the Michigan

 

agriculture equine industry development fund and related programs

 

described in subsections (1) to (13) shall be funded.

 

     (b) Establish conditions and penalties regarding the programs

 

described in subsections (5) to (12).

 

     (c) Develop and maintain informational programs related to

 

this section.

 

     (16) Funds under the control of the department of agriculture

 

in this section shall be disbursed under the rules promulgated

 


pursuant to subsection (15). All funds under the control of the

 

department of agriculture approved for purse supplements and

 

breeders' awards shall be paid by the state treasurer not later

 

than 45 days from the date of the race.

 

     (17) Two million dollars shall be transferred from the

 

Michigan agriculture equine industry development fund to the

 

general fund in the fiscal year ending September 30, 2006.

 

     (18) Beginning with the fiscal year ending September 30, 2008,

 

$750,000.00 shall be paid annually from the Michigan agriculture

 

equine industry development fund to the department of state police

 

to be used only for traffic control in relation to motorsports

 

events held at a motorsports entertainment complex that has a

 

seating capacity of 100,000 or more.