SENATE BILL No. 1355

 

 

November 8, 2012, Introduced by Senators KAHN and NOFS and referred to the Committee on Agriculture.

 

 

 

     A bill to amend 1995 PA 279, entitled

 

"Horse racing law of 1995,"

 

by amending the title and sections 2, 8, and 17 (MCL 431.302,

 

431.308, and 431.317), section 2 as amended by 2006 PA 445 and

 

section 17 as amended by 1998 PA 408, and by adding section 17a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to license and regulate the conducting of horse race

 

meetings in this state, with pari-mutuel wagering on the results of

 

horse races, including advance deposit account wagering, and

 

persons involved in horse racing and pari-mutuel gaming activities;

 

at such race meetings; to create the office of racing commissioner;

 

to prescribe provide for the powers and duties of the racing

 

commissioner; to prescribe certain powers and duties of the

 

department of agriculture and the director of the department of


 

agriculture certain state governmental officers and entities; to

 

provide for the promulgation of rules; to provide for the

 

imposition of impose taxes and fees and the disposition dispose of

 

revenues; to impose certain taxes; to create funds; to legalize and

 

permit the pari-mutuel method of wagering on the results of live

 

and simulcast races at licensed race meetings in this state; to

 

appropriate the funds money derived from pari-mutuel wagering on

 

the results of horse races at licensed race meetings in this state;

 

to prescribe remedies and penalties; and to repeal acts and parts

 

of acts.

 

     Sec. 2. As used in this act:

 

     (a) "Advance deposit account wagering" means a method of pari-

 

mutuel wagering conducted in this state that is permissible under

 

the interstate horseracing act of 1978, 15 USC 3001 to 3007, in

 

which an individual may establish an account with a person,

 

licensed by the racing commissioner, to place pari-mutuel wagers in

 

person, via telephone, or electronically.

 

     (b) (a) "Affiliate" means a person who, directly or

 

indirectly, controls, is controlled by, or is under common control

 

with; is in a partnership or joint venture relationship with; or is

 

a co-shareholder of a corporation, co-member of a limited liability

 

company, or co-partner in a limited liability partnership with a

 

person who holds or applies for a race meeting or track license

 

under this act. For purposes of this subdivision, a controlling

 

interest is a pecuniary interest of more than 15%.

 

     (c) "Board" means the Michigan gaming control board created by

 

section 4 of the Michigan gaming control and revenue act, 1996 IL


 

1, MCL 432.204, to which certain powers and duties under this act

 

were transferred by Executive Reorganization Order No. 2009-31, MCL

 

324.99919.

 

     (d) (b) "Breaks" means the cents over any multiple of 10

 

otherwise payable to a patron on a wager of $1.00.

 

     (e) (c) "Certified horsemen's organization" means an

 

organization that is registered with the office of racing

 

commissioner board in a manner and form required by the racing

 

commissioner, director and that can demonstrate all of the

 

following:

 

     (i) The organization's capacity to supply horses.

 

     (ii) The organization's ability to assist a race meeting

 

licensee in conducting the licensee's racing program.

 

     (iii) The organization's ability to monitor and improve physical

 

conditions and controls for individuals and horses participating at

 

licensed race meetings.

 

     (iv) The organization's ability to protect the financial

 

interests of the individuals participating at licensed race

 

meetings.

 

     (f) (d) "City area" means a city with a population of 750,000

 

or more and every county located wholly or partly within 30 miles

 

of the city limits of the city.

 

     (g) (e) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (h) (f) "Day of operation" means a period of 24 hours

 

beginning at 12 noon and ending at 11:59 a.m. the following day.

 

     (i) "Director" means the executive director of the Michigan


 

gaming control board appointed under section 4 of the Michigan

 

gaming control and revenue act, 1996 IL 1, MCL 432.204, to whom

 

duties of the racing commissioner were transferred under Executive

 

Reorganization Order No. 2009-31, MCL 324.99919.

 

     (j) (g) "Drug" means any of the following:

 

     (i) A substance intended for use in the diagnosis, cure,

 

mitigation, treatment, or prevention of disease in humans or other

 

animals.

 

     (ii) A substance, other than food, intended to affect the

 

structure , or condition , or any a function of the body of humans

 

or other animals.

 

     (iii) A substance intended for use as a component of a substance

 

specified in subparagraph (i) or (ii).

 

     (k) (h) "Fair" means any a county, district, or community fair

 

and any or a state fair.

 

     (l) (i) "Foreign substance" means a substance, or its

 

metabolites, that does not exist naturally in an untreated horse

 

or, if natural to an untreated horse, exists at an unnaturally high

 

physiological concentration as a result of having been administered

 

to the horse.

 

     (m) (j) "Full card simulcast" means an entire simulcast racing

 

program of 1 or more race meeting licensees located in this state,

 

or an entire simulcast racing program of 1 or more races

 

simulcasted from 1 or more racetracks located outside of this

 

state.

 

     (n) (k) "Member of the immediate family" means the spouse,

 

child, parent, or sibling.


 

     (o) (l) "Person" means an individual, firm, partnership,

 

corporation, association, or other legal entity.

 

     (p) (m) "Purse pool" means an amount of money allocated or

 

apportioned to pay prizes for horse races and from which payments

 

may be made to certified horsemen's organizations pursuant to under

 

this act.

 

     (q) (n) "Veterinarian" means a person an individual licensed

 

or otherwise authorized to engage in the practice of veterinary

 

medicine under part 188 of the public health code, 1978 PA 368, MCL

 

333.16101 333.18801 to 333.18838, or under a state or federal law

 

applicable to that person individual.

 

     Sec. 8. (1) The racing commissioner director may issue the

 

following general classes of licenses:

 

     (a) Occupational licenses issued to individuals participating

 

in, involved in, or otherwise having to do with horse racing, pari-

 

mutuel wagering, or simulcasting at a licensed race meeting in this

 

state.

 

     (b) Race meeting licenses issued annually for the succeeding

 

year to a person persons to conduct live horse racing,

 

simulcasting, and pari-mutuel wagering on the results of live and

 

simulcast horse races at a licensed race meeting in this state

 

pursuant to and in accordance with the provisions of under this

 

act.

 

     (c) Track licenses issued to a person persons to maintain or

 

operate a racetrack at which 1 or more race meeting licensees may

 

conduct licensed race meetings in this state.

 

     (d) Advance deposit account wagering licenses issued to


 

persons to provide advance deposit account wagering services in

 

this state.

 

     (2) The racing commissioner director shall not issue a race

 

meeting license to a person if the person is licensed to conduct a

 

licensed race meeting at another licensed racetrack within a city

 

area and the person has a controlling interest in or co-ownership

 

of the other licensed racetrack. within the city area.

 

     Sec. 17. (1) The pari-mutuel system of wagering upon on 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 director pursuant to rule or written order of

 

the commissioner director.

 

     (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 director 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% 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 director not more than 28%

 

and or with the written permission of the racing commissioner

 

director not more than 35% 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, 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 under 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 Except as otherwise authorized by this act, an 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 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.

 

     Sec. 17a. (1) Notwithstanding any other provision in this act,

 

a person licensed to conduct advance deposit account wagering under

 

section 8 may provide advance deposit account wagering services in

 

this state.

 

     (2) A person that wishes to provide advance deposit account

 

wagering services in this state shall apply to the director for a

 

license on forms provided by the director. The applicant shall

 

provide all of the following:


 

     (a) A signed agreement with the appropriate certified

 

horsemen's organizations that identifies the accounts into which

 

fees are to be deposited.

 

     (b) A detailed plan that describes procedures that will be

 

implemented to address the requirements of subsection (9).

 

     (c) Any other information required by the director.

 

     (3) An advance deposit account wagering license is valid for 1

 

year and may be renewed annually.

 

     (4) The initial fee for an advance deposit account wagering

 

license is $5,000.00. The annual renewal fee is $1,000.00.

 

     (5) The director shall issue a license to provide advance

 

deposit account wagering services in this state to any person who

 

meets the requirements of this act.

 

     (6) A person that holds an advance deposit account wagering

 

license is subject to all pertinent provisions of this act

 

regarding pari-mutuel wagering.

 

     (7) The director may promulgate rules under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to

 

regulate advance deposit account wagering and to implement this

 

section, including rules to establish all of the following:

 

     (a) Standards, qualifications, and procedures for issuance of

 

an advance deposit account wagering license.

 

     (b) Provisions regarding access to books, records, and other

 

pertinent documents.

 

     (c) Provisions for inspections, audits, and submission of

 

reports.

 

     (d) Provisions for collection of all fees and revenues due to


 

this state and certified horsemen's organizations from advance

 

deposit account wagers.

 

     (8) The director may issue a temporary license to any person

 

that desires to provide advanced deposit account wagering services

 

in this state before rules are promulgated under subsection (7).

 

     (9) A person licensed to conduct advance deposit account

 

wagering in this state shall take all reasonable steps to do both

 

of the following:

 

     (a) Prevent minors from conducting advance deposit account

 

wagering.

 

     (b) Identify and limit the ability of compulsive gamblers to

 

place advance deposit account wagers.

 

     (10) A person that conducts advance deposit account wagering

 

in this state without a license is subject to a fine of up to

 

$25,000.00 per day of violation and may be ordered to pay

 

restitution to this state and the certified horsemen's organization

 

for all unpaid fees and revenue.

 

     (11) A person that provides account wagering services in this

 

state to a minor is subject to a fine of up to $25,000.00 per

 

violation. Each wager made by a minor is a violation of this

 

section.

 

     (12) The following fees shall be paid by an advance deposit

 

account wagering licensee by the tenth of each month for the

 

previous month:

 

     (a) To the director, an amount equal to 1/2% of the total

 

gross amount of all wagers made in this state placed through the

 

licensee. The director shall use a sufficient portion of the money


 

paid under this subdivision to retain an investigator to enforce

 

this section and use the balance for the regulation and oversight

 

of horse racing.

 

     (b) To the state treasurer for deposit into the general fund,

 

an amount equal to 3-1/2% of the total gross amount of all wagers

 

made in this state for all breeds placed through the licensee.

 

     (c) To the certified horsemen's organizations, an amount equal

 

to 10% of the total gross amount of all wagers made in this state

 

through the licensee. Money paid under this subdivision shall be

 

deposited into an account specifically designated to receive the

 

money as identified by the certified horsemen's organizations.

 

     (13) The standardbred and thoroughbred certified horsemen's

 

organizations in this state shall each establish and administer an

 

account to be known as the standardbred or thoroughbred, as

 

applicable, horsemen's advance deposit account wagering pool. Money

 

deposited under subsection (12)(c) shall be distributed by the

 

escrow agent named by the certified horsemen's organizations to the

 

standardbred horsemen's advance deposit account wagering pool and

 

the thoroughbred horsemen's advance deposit account wagering pool,

 

for the first calendar year or remaining portion of the first

 

calendar year after the effective date of the amendatory act that

 

added this section on a pro rata basis based on the percentage of

 

the total simulcast handle for each breed for the previous calendar

 

year, and for each subsequent calendar year on a pro rata basis

 

based on the percentage of the total advance deposit account

 

wagering handle for each breed for the previous calendar year.

 

Money in the standardbred and thoroughbred advance deposit account


 

wagering pools shall be distributed as follows:

 

     (a) Forty-four percent to the licensed tracks in this state.

 

If there is more than 1 licensed track conducting races for a

 

breed, the amount paid to each licensed track shall be determined

 

on a pro rata basis based upon the percentage of total handle, from

 

all sources, for the previous calendar year for each track.

 

     (b) Forty-four percent to purses and administration of

 

certified horsemen's organizations.

 

     (c) Ten percent for breed incentives.

 

     (d) One half of one percent for horse retirement.

 

     (e) One half of one percent for support of youth equine

 

programs in this state.

 

     (f) One half of one percent for equine premiums at county

 

fairs.

 

     (g) One half of one percent to the local unit of government in

 

which the track is located.

 

     (14) The money distributed under subsection (13)(b) and (c)

 

shall be divided between the thoroughbred certified horsemen's

 

association and the quarter horse certified horsemen's association

 

for the first calendar year or portion of the first calendar year

 

after the effective date of the amendatory act that added this

 

section on a pro rata basis based on the percentage of the total

 

simulcast handle for each breed for the previous calendar year, and

 

for each subsequent calendar year on a pro rata basis based on the

 

percentage of the total advance deposit account wagering handle for

 

each breed for the previous calendar year.

 

     (15) A certified horsemen's organization that receives money


 

under subsection (12)(c) shall have an independent auditor conduct

 

an annual audit of the money.

 

     (16) This section does not limit any authority of the director

 

under this act.

 

     (17) A person that conducted advance deposit account wagering

 

in this state by accepting a wager from a resident of this state

 

before the effective date of the amendatory act that added this

 

section is entitled to an amnesty period of 1 year from the

 

effective date of the amendatory act that added this section. The

 

person shall not be prosecuted during the amnesty period for

 

conducting the wagering if the person enters into a settlement

 

agreement with the director, obtains an advance deposit account

 

wagering license before accepting any additional advance deposit

 

account wager from a resident of this state, and pays the following

 

fees:

 

     (a) To the state treasurer, an amount equal to 1% of the total

 

gross amount of all wagers made through the person in this state

 

before the effective date of the amendatory act that added this

 

section.

 

     (b) To the account described in subsection (12)(c), an amount

 

equal to 2% of the total gross amount of all wagers made through

 

the person in this state before the effective date of the

 

amendatory act that added this section. Money paid under this

 

subdivision shall be divided between the standard breed and

 

thoroughbred horseman's advance deposit account wagering pools as

 

provided in subsection (13) and then divided equally between the

 

licensed tracks and purses and certified horsemen's organizations


 

as if the money were to be distributed under subsection (13)(a) and

 

(b).

 

     (18) If live thoroughbred race meetings are not conducted at

 

any licensed track in this state in a fiscal year, all of the

 

following apply:

 

     (a) Money paid during the fiscal year to the thoroughbred

 

horsemen's advance deposit account wagering pool to be expended as

 

provided in subsection (13)(a) and (b) shall be used for

 

thoroughbred breed incentives with the total amount being divided

 

equally between breeders' awards and owners' awards.

 

     (b) Breeders' awards and owners' awards shall be paid for

 

Michigan-bred thoroughbred horses that race at any racetrack in

 

North America. The awards shall be calculated by dividing the total

 

amount of money available for each award category by the gross

 

amount of purse money earned by Michigan-bred thoroughbred horses

 

in the fiscal year, and then multiplying the result by the total

 

amount earned by all thoroughbred horses of each owner or breeder.

 

     (c) Money for breeders' awards and owners' awards under this

 

subsection may also be used to pay for purses for restricted stakes

 

races for Michigan-bred thoroughbred horses at any racetrack in

 

North America. Any amounts paid for purses for stakes races shall

 

be deducted equally from the amounts available for breeders' awards

 

and owners' awards.

 

     (d) A reasonable amount from the thoroughbred horsemen's

 

advance deposit account wagering pool may be used to administer

 

this subsection.