Bill Text: MI SB0955 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Gaming; horse racing; racing commissioner; abolish, and transfer duties to director of the department of agriculture. Amends title & secs. 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 25, 30, 31, 33 & 34 of 1955 PA 279 (MCL 431.302 et seq.) & repeals sec. 5 of 1995 PA 279 (MCL 431.305). TIE BAR WITH: SB 0956'09, SB 0957'09, SB 0958'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-12-01 - Notice Given To Discharge Committee [SB0955 Detail]
Download: Michigan-2009-SB0955-Engrossed.html
SB-0955, As Passed Senate, November 5, 2009
SENATE BILL No. 955
October 28, 2009, Introduced by Senator BROWN and referred to the Committee on Agriculture and Bioeconomy.
A bill to amend 1995 PA 279, entitled
"Horse racing law of 1995,"
by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 12, 13,
14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 25, 30, 31, 33, and 34
(MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309,
431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317,
431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323,
431.325, 431.330, 431.331, 431.333, and 431.334), sections 2 and 4
as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by
2000 PA 164, sections 14, 17, and 18 as amended and section 19a as
added by 1998 PA 408, section 16 as amended by 2005 PA 7, and
section 20 as amended by 2006 PA 185; and to repeal acts and parts
of acts.
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, and persons involved in horse racing and pari-mutuel
gaming
activities; at such race meetings; to create the office of
racing
commissioner; to prescribe the powers and duties of the
racing
commissioner; to prescribe certain to
provide for the powers
and
duties of the department of agriculture and the director of the
department
of agriculture certain state
and local governmental
officers and agencies; to provide for the promulgation of rules; to
provide
for the imposition of impose taxes and fees; and to provide
for
the disposition 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) "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%.
(b) "Breaks" means the cents over any multiple of 10 otherwise
payable to a patron on a wager of $1.00.
(c) "Certified horsemen's organization" means an organization
registered
with the office of racing commissioner department in a
manner
and form required by the racing commissioner director,
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.
(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.
(e) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(f) "Day of operation" means a period of 24 hours beginning at
12 noon and ending at 11:59 a.m. the following day.
(g) "Department" means the department of agriculture.
(h) "Director" means the director of the department or his or
her authorized representative.
(i) (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, condition, or any 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).
(j) (h)
"Fair" means any county,
district, or community fair
and any state fair.
(k) (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.
(l) (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.
(m) "Interstate simulcast" means, depending on the context,
either to simulcast a horse race held outside this state to a race
meeting in this state or the program so simulcast.
(n) "Intertrack simulcast" means, depending on the context,
either to simulcast a horse race held in this state to a race
meeting in this state or the program so simulcast.
(o)
(k) "Member of the immediate family" means the
spouse,
child, parent, or sibling.
(p) (l) "Person"
means an individual, firm, partnership,
corporation, association, or other legal entity.
(q) (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 this
act.
(r) "Simulcast" means, depending on the context, either to
transmit or receive live video and audio signals conveying a horse
race held either inside or outside this state to a licensed race
meeting in this state or the program so transmitted or received.
(s) (n)
"Veterinarian" means a
person licensed to practice
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.
Sec.
3. The office of racing commissioner is created within
the
department of agriculture. The racing
commissioner director has
the powers and duties prescribed in this act and shall administer
the
provisions of this act relating to licensing,
enforcement, and
regulation under this act. The racing commissioner director also
has
those additional any other
powers necessary and proper to
implement and enforce this act and to regulate and maintain
jurisdiction
over the conduct of each licensed race meeting within
this
state where horse races racing
or pari-mutuel wagering on the
results
of horse races racing is permitted for a stake, purse,
prize, share, or reward.
Sec.
4. (1) The racing commissioner shall be appointed for a
term
of 4 years by the governor by and with the advice and consent
of
the senate.
(1) (2)
The racing commissioner shall be
a resident of this
state
and during his or her term of office director and any
individual to whom the director designates duties under this act
shall not be a stockholder of, or be directly or indirectly
connected with the conduct or management of, or have any other
legal or beneficial interest in, any of the following:
(a)
A racetrack, race meeting, or a racing interest,
including, but not limited to, the ownership, breeding, training,
or racing of horses or any vendor, supplier, or distributor of
goods or services to a racetrack, race meeting, or racing
participant licensed under this act.
(b) Any gaming activity conducted at any licensed race meeting
in this state.
(2) (3)
The racing commissioner, an
employee of the office of
the
racing commissioner director
and any individual to whom the
director designates duties under this act, or a member of the
immediate
family of the racing commissioner or of an employee of
the
office of the racing commissioner director
or any individual to
whom the director designates duties under this act, shall not
participate in wagering permitted under this act or conducted by a
person or an affiliate of a person licensed or applying for a
license under this act. This subsection does not apply to wagering
that is part of surveillance, security, or other official duties
for
the office of the racing commissioner related to the
administration of this act.
Sec.
6. (1) The racing commissioner shall receive an annual
salary
as appropriated by the legislature. The racing commissioner
shall
appoint 2 deputy commissioners and 3 state stewards of racing
as
special deputies for each licensed race meeting in the state.
For
the purpose of carrying out this act, the racing commissioner
The director may delegate the performance of his or her duties to
the
deputy commissioners directors or special deputies,
known as
state
stewards. A deputy commissioner and director or state steward
shall take the constitutional oath of office and may exercise any
power
granted by the rules of the racing commissioner promulgated
pursuant
to under this act. A decision of a deputy commissioner
director
or state steward may be appealed to the
racing
commissioner
director pursuant to the contested case provisions of
the
administrative procedures act of 1969, Act No. 306 of the
Public
Acts of 1969 PA 306,
being sections MCL 24.201 to 24.328. of
the
Michigan Compiled Laws.
(2)
The racing commissioner shall employ
other personnel
director may delegate duties to other individuals as necessary for
the administration of this act within the limits of the
appropriations made by the legislature and subject to civil service
rules.
The racing commissioner is entitled to the reasonable and
necessary
expenses incurred in performing his or her duties
prescribed
in this act.
(3) (2)
The racing commissioner director shall
keep a record
of all proceedings and preserve all books, maps, documents, and
papers
belonging to the racing commissioner or entrusted to the
care
of the office of racing commissioner director or the
department related to the administration of this act.
(3)
The racing commissioner shall make an annual report to the
governor
before April 15 for the immediately preceding calendar
year,
which report shall include a statement of the racing
commissioner's
receipts and disbursements and additional
information
and recommendations that the racing commissioner
considers
necessary or the governor requires.
Sec.
7. (1) The racing commissioner director
may promulgate
rules pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, for conducting horse racing, pari-
mutuel wagering on horse racing results, and simulcasting. The
rules promulgated under this section shall be designed to
accomplish all of the following:
(a) The governing, restricting, approving, or regulating of
horse racing, pari-mutuel wagering on the results of horse races,
and simulcasting conducted at licensed race meetings within this
state.
(b) The promoting of the safety, security, growth, and
integrity of all horse racing, pari-mutuel wagering on the results
of horse races, and simulcasting conducted at licensed race
meetings within this state.
(c) The licensing and regulating of each person participating
in, or having to do with, pari-mutuel horse racing and wagering,
and simulcasting at licensed race meetings within this state.
(2) Each race meeting licensee shall provide security at all
times so as to reasonably ensure the safety of all persons and
horses
on the grounds, and to protect and preserve the integrity of
horse racing, pari-mutuel wagering, and simulcasting at licensed
race
meetings. If the racing commissioner director determines that
additional security is necessary to ensure the safety and integrity
of
racing, the racing commissioner director
shall provide
supplemental security at each race meeting in areas where
occupational licenses are required for admittance.
(3)
The racing commissioner director
may issue sanctions
including, but not limited to, revocation or suspension of a
license, exclusion from racetrack grounds, or a fine of not more
than $25,000.00 for each violation of this act or a rule
promulgated under this act committed by a licensee or other person
under this act. A sanction issued under this section may be
appealed
to the racing commissioner director. The appeal shall be
heard pursuant to the contested case provisions of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(4) All proposed extensions, additions, modifications, or
improvements to the racecourse, roadways, parking lots, buildings,
stables, lighting and electrical service, plumbing, public
utilities, drainage, totalisator system and equipment, hardware and
software for all approved methods of conducting pari-mutuel
wagering, and security on the grounds of a licensed racetrack owned
or leased by a person licensed under this act are subject to the
approval
of the racing commissioner director.
(5)
The racing commissioner director
may compel the production
of books, records, memoranda, electronically retrievable data, or
documents that relate to horse racing, simulcasting, and pari-
mutuel wagering conducted at a licensed race meeting.
(6)
The racing commissioner at any time director may at any
time require for cause the removal of any employee or official
involved in or having to do with horse racing, simulcasting, or
pari-mutuel wagering conducted at a licensed race meeting.
(7)
The racing commissioner director
may visit, investigate,
and
place auditors and other persons as the racing commissioner
director considers necessary in the offices, racetracks, or places
of business of a licensee under this act to ensure compliance with
this act and the rules promulgated under this act.
(8)
The racing commissioner director
may summon witnesses and
administer oaths or affirmations to exercise and discharge his or
her powers and duties under this act. A person failing to appear
before
the racing commissioner director
at the time and place
specified
in a summons from the racing commissioner director or
refusing to testify, without just cause, in answer to a summons
from
the racing commissioner director
is guilty of a misdemeanor
punishable
by a fine of not more than $1,000.00
, or imprisonment
for not more than 6 months, or both, and may also be sanctioned by
the
racing commissioner director. A person testifying falsely to
the
racing commissioner director
or his or her authorized
representative while under oath is guilty of a felony punishable by
a fine of not more than $10,000.00 or imprisonment for not more
than
4 years, or both, and may also be sanctioned by the racing
commissioner
director.
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 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 this act.
(c) Track licenses issued to a person to maintain or operate a
racetrack at which 1 or more race meeting licensees may conduct
licensed race meetings 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.
9. (1) The racing commissioner director
shall issue,
without further application, a track license to any person holding
a
valid track license under former 1980 PA 327 , and maintaining or
operating
a licensed horse racetrack as of the effective date of
this
act January 6, 1996 at
which wagering by pari-mutuel methods
on the results of horse racing has been conducted by a race meeting
licensee.
(2) A track license, once issued, is valid only as long as the
annual license fee is paid, or until the track license is
voluntarily surrendered or is revoked as provided in this act or
the rules promulgated under this act.
(3) An applicant for a track license shall submit an
application
that is in writing, that demonstrates to the racing
commissioner
director that the applicant has satisfactory financial
responsibility, that shows the location of the racetrack or of the
proposed racetrack, and that is accompanied by substantially
detailed plans and specifications for the racecourse, paddock,
grandstand, stable barns, racetrack buildings, fences, electrical
service and lighting, plumbing, parking, and other facilities and
improvements. The application shall include the name and address of
the
applicant, and, if the
applicant is a corporation, the place
of
its incorporation, and any other information required by the rules
promulgated
under this act. by the racing commissioner. Upon the
applicant's
filing of the an application
and the payment of the
license
fee, the racing commissioner director
shall investigate the
applicant
and the racetrack or proposed racetrack as the racing
commissioner
director considers necessary. If the racing
commissioner
director determines that the applicant and the
racetrack satisfy the requirements of this act and the rules
promulgated
under this act, the racing commissioner director shall
grant a license for the racetrack, designating in the license the
county or other municipality in which the licensed racetrack shall
be
or is located. If the racing commissioner director determines
that the applicant or the racetrack, or both, do not comply with
this
act and the rules promulgated under this act, the racing
commissioner
director shall deny the license. The action of the
racing
commissioner director in denying a track license may be
reviewed by the circuit court pursuant to section 631 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.631.
(4) A track license may be transferred to a new owner of a
racetrack
with the consent of the racing commissioner director.
(5) After a track license is issued under this section, the
racing
commissioner director may impose a fine or suspend or revoke
the license if the holder of the license, after reasonable notice
from
the racing commissioner director, does not make necessary
improvements, additions, or corrections to the licensed premises,
fixtures,
or equipment as determined and required by the racing
commissioner
director; if the holder of the license violates or is
no longer in compliance with the requirements of this act or the
rules promulgated under this act; or if the licensed premises are
not utilized to conduct a licensed race meeting for 2 consecutive
years. In addition to the suspension or revocation of the license,
the
racing commissioner director
may impose a fine or bring an
action
in circuit court seeking an order of the court requiring the
licensee to make reasonable and necessary racetrack improvements or
additions
as determined by the commissioner director if the
licensee fails to make improvements or corrections that comply with
the
applicable construction code or local ordinances. The action of
the
racing commissioner in In suspending or revoking a track
license, the director shall comply with the administrative
procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328. , and
shall
be The action of the director
under this subsection is
subject to appeal.
(6)
In a city area, The
director shall not issue more
than 3
licenses
for racetracks shall be licensed in a city area, except
that
in a city with a population of 900,000 or more the racing
commissioner
director may issue 1 additional license.
(7) A person shall not be issued more than 1 track license.
Controlling ownership and interlocking directorates among the
holders of track licenses are prohibited.
(8) A track license shall not be issued under this section if
the new license would result in harmful competition among existing
racetracks.
Sec.
10. (1) A person desiring that
desires to conduct a
thoroughbred, standardbred, quarter horse, Appaloosa, American
paint horse, or Arabian race meeting, or a combination of these
race meetings, with pari-mutuel wagering on the results of live and
simulcast horse races pursuant to this act shall apply each year to
the
racing commissioner director
for a race meeting license in the
manner
and form required by the racing commissioner director.
The
application
shall be filed with the racing commissioner director
before
September 1 of the preceding year. except that applications
for
1999 racing dates may be filed at any time. The application,
after being filed, shall be made available for public inspection
during regular business hours. The application shall be in writing
and
shall give the name and address of the applicant, and, if the
applicant is a corporation or partnership, shall state the place of
the applicant's incorporation or partnership and the names and
addresses of all corporate directors, officers, shareholders, and
partners. The application shall also do all of the following:
(a) Specify the licensed racetrack at which the proposed race
meeting will be held.
(b) Specify whether the applicant requests or will request to
conduct simulcasting at the proposed race meeting and, if so,
demonstrate the applicant's ability to conduct simulcasting in
accordance with this act.
(c) Specify the horse breed for which the applicant desires to
conduct live racing at the proposed race meeting, and the days on
which the applicant proposes to conduct live horse racing at the
race meeting.
(d) Specify the time period during which the applicant
requests to be licensed during the calendar year immediately
following the date of application.
(e)
Demonstrate to the racing commissioner director that the
applicant and all persons associated with the applicant who hold
any beneficial or ownership interest in the business activities of
the applicant or who have power or ability to influence or control
the business decisions or actions of the applicant satisfy all of
the following requirements:
(i) Are persons of good character, honesty, and integrity.
(ii) Possess sufficient financial resources and business
ability and experience to conduct the proposed race meeting.
(iii) Do not pose a threat to the public interest of the
this
state or to the security and integrity of horse racing or pari-
mutuel
wagering on the results of horse races in the this state.
(f) Provide any other information required by the rules
promulgated
under this act or by the racing commissioner director.
(2) Upon the filing of the application for a race meeting
license,
the racing commissioner director
shall conduct an
investigation of the applicant and the application to determine
whether the applicant, application, and proposed race meeting
comply with the licensing requirements under this act and the rules
promulgated under this act. Unless a different agreement is reached
by all the race meeting licensees in a city area, a race meeting
licensee shall not conduct a live thoroughbred horse race after
6:45 p.m. on any day except Sunday. Unless a different agreement is
reached by all the race meeting licensees in a city area, a race
meeting licensee shall not conduct a live standardbred horse race
before 6:45 p.m. on any day except Sunday. Notwithstanding the 6:45
p.m.
time restrictions, the commissioner director, upon request by
a race meeting licensee, may grant to the race meeting licensee a
race meeting license authorizing any of the following:
(a) The licensee to conduct live horse racing programs that
would otherwise be prevented by the 6:45 p.m. time restriction, if
no other race meeting in a city area is licensed or authorized to
conduct live horse racing at the same time the licensee proposes to
conduct the requested live horse racing programs.
(b) Waiver of the 6:45 p.m. time restriction pursuant to the
written agreement of all race meeting licensees in the city area.
(c) The licensee to conduct live horse racing programs after
6:45 p.m., if the licensee is not in a city area and is 75 miles or
more from the nearest race meeting licensee authorized to conduct
live horse racing.
Sec. 12. (1) Each applicant for a thoroughbred, quarter horse,
Appaloosa, American paint horse, or Arabian license in a county
located outside of a city area shall apply to conduct at least 45
days of live thoroughbred, quarter horse, Appaloosa, American paint
horse, or Arabian horse racing during its race meeting. Except
during the opening and closing week of a race meeting, the
applicant shall apply to conduct live racing at least 3 days per
week,
including Saturdays and Sundays, with not less than at least
9 live horse races programmed, and shall conduct live racing
programs
on such the days allocated by the racing commissioner
director.
(2) Each applicant for a thoroughbred, quarter horse,
Appaloosa, American paint horse, or Arabian race meeting license in
a city area shall apply to conduct at least 160 days of live
thoroughbred, quarter horse, Appaloosa, American paint horse, or
Arabian horse racing during its proposed race meeting. Except
during the opening and closing week of a race meeting, the
applicant shall apply to conduct live racing at least 5 days per
week,
including Saturdays and Sundays, with not less than at least
9 live horse races programmed, and shall conduct live racing
programs
on such the days allocated by the racing commissioner
director.
(3) Each applicant for a standardbred race meeting license in
a
county having with a population of less than 250,000 and that is
not part of a city area shall apply to conduct at least 75 days of
live standardbred harness horse racing during its proposed race
meeting. Except during the opening and closing week of a race
meeting, the applicant shall apply to conduct live horse racing at
least
4 days per week, including Saturdays, with not less than at
least 9 live horse races programmed, and shall conduct live racing
programs
on such the days awarded.
(4) Each applicant for a standardbred race meeting license in
a
county having with a population greater than 250,000 but less
than 750,000 and that is not part of a city area shall apply to
conduct at least 100 days of live standardbred harness horse racing
during its proposed race meeting. Except during the opening and
closing week of a race meeting, the applicant shall apply to
conduct live racing at least 4 days per week, including Saturdays,
with
not less than at least 9 live horse races programmed, and
shall
conduct live racing programs on such the days awarded.
(5) Each applicant for a standardbred race meeting license in
a
city area shall apply to conduct during its race meeting no less
than
at least the following number of live racing days:
(a) The race meeting applicant with the highest pari-mutuel
handle
in the previous calendar year shall apply for no less than
at least 140 days of live racing and the applicant shall apply to
conduct live racing at least 5 days per week, including Saturdays,
with
not less than at least 9 live horse races programmed and shall
conduct live racing programs on the days awarded.
(b)
All other applicants shall apply for not less than an
aggregate total of at least 120 days of live racing and the
applicants shall apply to conduct live racing at least 5 days per
week,
including Saturdays, with not less than at least 9 live horse
races programmed and shall conduct live racing programs on the days
awarded.
(6) If a race meeting licensee is unable to program and
conduct
9 live horse races on any racing date that the commissioner
director
allocates to the licensee because there
are less fewer
than 5 entries in any race, the licensee shall not conduct any
simulcasting on that day without the written consent of the
certified horsemen's organization with which it has a contract.
(7) If a race meeting licensee is unable to conduct racing on
any
live racing dates allocated to the licensee by the racing
commissioner
director or less fewer than 9 live horse
races on any
allocated live racing dates because of a labor dispute, fire,
adverse weather conditions, or other causes beyond the race meeting
licensee's control, then the race meeting licensee is considered to
have conducted those races or race days for purposes of this act
and is not precluded from conducting any simulcasts because of the
licensee's inability to conduct those live races or race dates.
(8) Intertrack simulcast races that a race meeting licensee
contracts to receive from other racetracks that are canceled for
any of the reasons described in subsection (7) shall be considered
to be offered to the public for purposes of this act.
(9) If an entire race meeting or the balance of a race meeting
and
racing dates allocated to a licensee cannot be raced due to
because of an act of God or significant physical damage to the
licensed racetrack at which the race meeting was licensed to be
conducted
caused by fire or some other catastrophe, the racing
commissioner
director may transfer those dates to another race
meeting licensee upon application of the substitute licensee if the
substitute licensee satisfies the requirements for licensure under
this act and demonstrates that it has or will have a legal or
contractual
right to the use of a different licensed racetrack
facility
on the racing dates, in question, and if all
race meeting
licensees
that will be conducting live racing on such those dates
within 50 miles of the substitute racetrack consent to the
transfer.
Sec.
13. (1) A race meeting licensee shall have a current
written
contract with a certified horsemen's organization before it
may
not conduct live or simulcast horse races with
pari-mutuel
wagering on the results of the races pursuant to its license unless
it has a current written contract with a certified horsemen's
organization.
(2)
The racing commissioner shall register and certify all
certified
horsemen's organizations that had contracts with race
meeting
licensees in this state in 1995 or 1994 for the conduct of
pari-mutuel
racing at race meetings in this state during 1994 or
1995,
and their successors or assigns as certified horsemen's
organizations
for purposes of this act. The racing commissioner
shall
also accept any current contracts that these certified
horsemen's
organizations have with race meeting licensees as
complying
with the requirements of subsection (1) for the term of
the
contract.
Sec.
14. (1) Except as provided in subsection (8), before By
November
1 of the year preceding before
the year for which
applications
are an application for a race
meeting license is made,
the
racing commissioner director
shall grant or deny each the
application, for
a race meeting license, allocate or deny the dates
,
for which the application
has been is made , on which to conduct
pari-mutuel
wagering on live races, may be conducted at each
licensed
race meeting in this state, and shall
also determine
whether the applicant may simulcast under section 18 during the
calendar
year for which the license is issued. The racing
commissioner
director may grant a race meeting license for any time
period up to 1 year during which the licensee may conduct live and
simulcast horse races with pari-mutuel wagering on the results of
such
the races.
(2) Subject to section 12(7), all simulcasting authorized by
the
racing commissioner director
shall be conditioned upon the
holder of the license conducting at least 9 live horse races on
each live racing date allocated in the holder's race meeting
license, unless this requirement is waived in writing by both the
racing
commissioner director and the certified horsemen's
organization with which the licensee has contracted.
(3)
The racing commissioner director
shall not issue a race
meeting license to an organization organized for a charitable
purpose or organized for the purpose of distributing its profits or
income to charitable organizations.
(4) Except as provided in section 12(7), (8), and (9), if
after
the issuance of a race meeting license
, the racing
commissioner
director determines upon further investigation that
the
holder of a race meeting the
license has not met, or will be
unable
to meet, the requirements of the license, the racing
commissioner
director may impose a fine or suspend or revoke the
race
meeting license, or both, for all
or part of the remainder of
the time period for which the license was granted. Before making
the required determination to impose a fine or suspend or revoke a
race
meeting license under this
subsection, the racing commissioner
director shall consider whether the race meeting licensee's
inability or failure to meet the requirements of its license is due
to a cause beyond the control of the race meeting licensee.
(5)
Any action taken by the racing commissioner director under
subsection
(4) shall become is effective 10 days after the holder
of the race meeting license has received written notice unless the
commissioner
director finds that the public health, safety, or
welfare requires emergency action and immediate effect of the
commissioner's
director's order.
(6) A denial of a race meeting license under subsection (3)
may be appealed to the circuit court for judicial review pursuant
to section 631 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.631. A suspension or revocation of a race meeting license
may be appealed pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(7) Each applicant issued a race meeting license shall
maintain
an interest bearing account used exclusively for the
deposit
of all funds due money
required to be paid to horsemen's
purse
pools under this act. All funds due to A race meeting
licensee shall deposit all money required to be deposited into this
account
shall be deposited within a reasonable time after receipt
by the race meeting licensee. The name of the depository and the
identification number of the account shall be designated in each
race meeting license application and all interest earned by the
account shall be credited to the purse pool and deposited in the
account.
(8)
The November 1 deadline provided in subsection (1) does
not
apply to 1999 thoroughbred race meeting dates. The racing
commissioner
may issue 1999 thoroughbred race meeting dates at any
time.
Sec. 15. (1) Before March 31 of each year, each holder of a
race
meeting or track license shall file with the racing
commissioner
director a certified statement of receipts from all
sources during the previous calendar year and of all expenses and
disbursements, itemized in a manner and on a standardized form as
directed by the state treasurer, showing the net revenue from all
sources derived by the holder of the license. These certified
financial statements shall be considered public records and made
available for public inspection during regular business hours. The
certified financial statements submitted shall be prepared by a
certified public accountant in accordance with generally accepted
accounting and auditing standards as promulgated by the American
institute of certified public accountants. The working papers and
other records pertaining to preparation of the financial statements
may
be reviewed by the state treasurer and or the racing
commissioner
director and shall be promptly provided to either of
them by the holders of the race meeting license upon their request.
(2) On the first day other than Sunday after each day of
operation, each holder of a race meeting license shall remit the
money
due required to be paid to the this state or other entities
under this act at the close of the day of operation with a detailed
statement of that money as required by this act and the rules
promulgated under this act.
(3) A person shall not hold or conduct, or assist, aid, or
abet
in holding or conducting a race meeting within the this state
where
at which live or simulcast horse races with pari-mutuel
wagering on the results of horse racing for a stake, purse, prize,
share,
or reward is are conducted, unless the person and the
racetrack at which the gaming activity is conducted are licensed by
the
racing commissioner director.
Sec. 16. (1) Each person participating in or having to do with
pari-mutuel horse racing or pari-mutuel wagering on the results of
horse races at a licensed race meeting, including, but not limited
to, all racing officials, veterinarians, pari-mutuel clerks or
tellers, totalisator company employees, security guards, timers,
horse owners, jockeys, drivers, apprentices, exercise riders,
authorized agents, trainers, grooms, valets, owners of stables
operating under an assumed name, jockey agents, pony riders, hot
walkers, blacksmiths, starting gate employees, owners and operators
of off-track training centers, farms or stables where racehorses
are kept, and vendors operating within the barn area of a licensed
racetrack or off-track training center, farm, or stable where
racehorses
are kept may be licensed by the racing commissioner
director
pursuant to rules promulgated by the
racing commissioner
under
this act. The racing commissioner director shall not issue an
occupational license to a person who, within the 6 years
immediately preceding the date of the person's application for the
occupational license, was convicted of a felony involving theft,
dishonesty, misrepresentation, fraud, corruption, drug possession,
delivery, or use, or other criminal misconduct that is related to
the person's ability to and the likelihood that the person will
perform the functions and duties of the racing related occupation
for which the person seeks to be licensed and participate in pari-
mutuel horse racing in that licensed occupation in a fair, honest,
open,
and lawful manner. The racing commissioner director shall
not
issue a pari-mutuel occupational license to a person who, within 2
years immediately preceding the date of the person's application
for the occupational license, was convicted of a misdemeanor
involving theft, dishonesty, misrepresentation, fraud, corruption,
drug possession, delivery, or use, or other criminal misconduct
that is related to the person's ability to and the likelihood that
the person will perform the functions and duties of the racing
related occupation for which the person seeks to be licensed and
participate in pari-mutuel horse racing in that licensed occupation
in a fair, honest, open, and lawful manner.
(2) A veterinarian is not required to be licensed under this
act to provide necessary and appropriate emergency veterinary care
or treatment to any horse that is intended to be entered, is
entered, or participates in a race with wagering by pari-mutuel
methods or a nonbetting race or workout conducted at a licensed
race
meeting in this state. For purposes of this section,
"emergency
veterinary care or treatment" means care or treatment
necessary
and appropriate to save the life of a horse or prevent
permanent
physical injury or damage to a horse in a situation
requiring
immediate veterinary action. Only
veterinarians licensed
under this act may provide nonemergency veterinary care or
treatment to a horse in this state that is intended to be entered,
is entered, or participates in races at licensed race meetings in
this state. Only persons licensed under this act or otherwise
authorized
by the racing commissioner director
may enter the
restricted
grounds of a licensed race meeting where horses are kept
that are eligible to race at the race meeting are kept. For the
purposes of this section and sections 30 and 31, a horse that is
intended to be entered is a horse that has its name put into the
draw for a specific race, and a horse that is entered in a race is
a horse that has been drawn into a specific race.
(3) As conditions precedent to being issued and holding a
valid pari-mutuel occupational license, a license applicant shall
disclose, in writing, any ownership interest that the applicant has
in
a racehorse and provide any other information the racing
commissioner
director considers necessary and proper and proof of
compliance with the worker's disability compensation act of 1969,
1969 PA 317, MCL 418.101 to 418.941, except that the proof of
compliance requirement does not apply to horse owners and trainers
not covered under section 115 of the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.115.
(4) In addition to the requirements of subsection (3), an
applicant for a pari-mutuel occupational license shall consent,
upon application and for the duration of the occupational license,
if issued, to all of the following:
(a) Personal inspections, inspections of the applicant's
personal property, and inspections of premises and property related
to his or her participation in a race meeting by persons authorized
by
the racing commissioner director.
(b) If the applicant is applying for a racing official,
jockey, driver, trainer, or groom license, or for any other license
for an occupation that involves contact with or access to the
racehorses or the barn areas or stables where racehorses are kept,
a breathalyzer test, urine test, or other noninvasive fluid test to
detect the presence of alcohol or a controlled substance, if
directed
to do so by the racing commissioner or his or her
representative
director. If the results of a test show that an
occupational licensee 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
or participate in horse racing until he or she can produce, at his
or her own expense, a negative test result. The licensee may be
penalized
by the racing commissioner director
for his or her
positive test results, which may include any disciplinary action
authorized by this act or rules promulgated under this act. This
subsection does not apply to a controlled substance obtained
directly from, or pursuant to a valid prescription from, a licensed
health
care provider, except that the racing commissioner director
may consider the person's medical need for prescribed controlled
substances in determining the person's fitness to be licensed to
participate
in pari-mutuel horse racing. The racing commissioner
director shall suspend for not less than 1 year the license of a
person who for the third time in a period of not more than 6
consecutive years is relieved of his or her duties because of this
subsection.
(5) When applying for an occupational license, an applicant
shall
provide the racing commissioner director
with 1 or more sets
of his or her fingerprints and the appropriate fees as requested by
the
racing commissioner director. The racing commissioner director
shall send the applicant's fingerprints and the appropriate fees to
either the department of state police or the federal bureau of
investigation in a manner acceptable to the federal bureau of
investigation. If the fingerprints and fees are sent to the
department of state police, the department of state police shall
forward the fingerprints and the fees to the federal bureau of
investigation for a criminal history check. Information obtained
under this subsection shall only be used to determine the character
and fitness of the applicant for licensing purposes.
(6) A person who is issued a pari-mutuel occupational license
as a trainer is responsible for and absolute insurer of the
condition, fitness, eligibility, and qualification of the horses
entered to race for the person by whom the trainer is employed,
except
as prescribed by the rules promulgated by the racing
commissioner
under this act. This subsection
shall not be construed
or interpreted to determine civil tort liability of any racehorse
owner
or trainer but shall be for purposes of pertains only to
enforcement
of this act. only. A trainer shall not start a horse
that has in its body a drug or foreign substance unless permitted
pursuant to section 30 and the rules promulgated under that
section. A trainer is strictly liable and subject to disciplinary
action if a horse under the trainer's actual or apparent care and
control as trainer has a drug or foreign substance in its body, in
violation of section 30 and the rules promulgated under that
section.
(7)
Upon the filing of a written complaint, under oath, in the
office
of the racing commissioner with
the department, or upon the
written
motion of the racing commissioner director regarding the
actions or omissions of a person issued a pari-mutuel occupational
license,
the racing commissioner director
may summarily suspend the
occupational license of the person for a period of not more than 90
days
pending a hearing and final determination by the racing
commissioner
director regarding the acts or omissions complained of
in
the written complaint or motion, if the commissioner director
determines from the complaint or motion that the public health,
safety,
or welfare requires emergency action. The racing
commissioner
director shall schedule the complaint or motion to be
heard within 14 business days after the occupational license is
summarily suspended and notify the holder of the occupational
license of the date, time, and place of the hearing not less than 5
days before the date of the hearing. The hearing shall be conducted
in accordance with the contested case provisions of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
The action of the racing commissioner director in revoking
or suspending a pari-mutuel occupational license may be appealed to
the circuit court pursuant to the administrative procedures act of
1969,
1969 PA 306, MCL 24.201 to 24.328. If the racing
commissioner's
director's order is predicated upon a series of
acts, the review by the circuit court may be in the county in which
any of the alleged acts or failures to act took place.
(8)
A decision by the racing commissioner director or a deputy
commissioner
director or state steward of racing to deny an
application for an occupational license may be appealed to the
circuit court and reviewed pursuant to section 631 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.631. A suspension or
revocation of an occupational license may be appealed and reviewed
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(9) Each pari-mutuel occupational licensee shall pay a license
fee of not less than $10.00 or more than $100.00 as determined by
the
racing commissioner director.
(10) As used in this section, "emergency veterinary care or
treatment" means care or treatment necessary and appropriate to
save the life of a horse or prevent permanent physical injury or
damage to a horse in a situation requiring immediate veterinary
action.
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 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 the
license holder 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 a
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 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 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) As used in this section:
(a) "Minus pool" means any win, place, or show pool in which
the payout would exceed the total value of the pool.
(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.
(c) "Straight wagering" means a wager made on the finishing
position of a single specified horse in a single specified race.
Sec.
18. (1) Simulcasting by The
director may authorize a race
meeting
licensees may be authorized by the racing commissioner
licensee to simulcast 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 director, in the manner and form required by
the
commissioner director, 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 director 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 if
the following conditions
are met:
(a)
The applicant shall have has
a current contract with a
certified horsemen's organization.
(b)
The applicant shall have has
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 director.
(c)
The applicant shall make makes
a continuing good faith
effort throughout the duration of its race meeting to program and
conduct
not less than at least 9 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 has
consented to the requested
simulcasts on any live racing day when the applicant is unable to
program
and conduct not less than at
least 9 live horse races, if
required by section 12(6).
(e) If the requested simulcasts are interstate, the applicant
shall
waive has waived 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 makes
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 conducts
its
race meetings in a city area, shall
receive the licensee
receives 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
meetings 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 licensee
conducts
its race meetings in a city area, shall
authorize the
licensee
authorizes all other race meeting
licensees in the this
state to conduct simulcasts of the breed for which the applicant is
licensed
to conduct live horse racing. An applicant may shall not
conduct interstate simulcasts unless 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 are conducted in
compliance with the written permit and related orders issued by the
racing
commissioner director 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 If 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 director 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 director
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 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 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 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 director
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.
Sec. 19a. If a thoroughbred track license is surrendered,
revoked, or escrowed, or after January 1, 1998, a licensed
thoroughbred
track is closed, the racing commissioner director
shall order the deposit of horsemen's purse pool money deposited
and distributed pursuant to section 19 to a depository designated
by a race meeting licensee upon written direction of the affected
certified horsemen's organization regardless of whether there was
racing at the race meeting licensee's location during the previous
year.
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 department
or 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
provide funding for the
general fund as provided in subsection (17) and 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
department'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 department'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 director. 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 director
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 this
state 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
department'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 this
state 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 director, 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 Money under the control of the department of
agriculture
in under this section shall be disbursed under the
rules
promulgated pursuant to subsection (15). All funds money
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.
Sec. 21. Local units of government participating in the
distribution
of funds money under section 17(4) shall provide for
adequate police, fire, and traffic protection of persons and
property at and near each race meet, including areas where
occupational licenses are required. Each local unit of government
participating
in the distribution of funds money
under this act
shall show by a statement submitted annually on February 1 of each
year
to the racing commissioner director
the amounts of funds
amount
of money received and shall detail the
expenditure of those
amounts
the money during the previous calendar year. The racing
commissioner
director shall report annually to the governor and the
legislature regarding these statements.
Sec. 22. (1) Each licensed racetrack located in a city area
shall
pay a license fee to the racing commissioner director of
$1,000.00 annually, and any other licensed racetrack shall pay a
license fee of $200.00 annually.
(2)
During calendar year 1996, each Each
calendar year, in a
manner and time as required by the director, a holder of a race
meeting license shall pay to the state treasurer, from the holder's
commission,
a tax in the amount of 2.5% 3.5%
of all money wagered
on interstate and intertrack simulcast races conducted at the
holder's
licensed race meetings in 1996 in a manner and time as the
racing
commissioner requires. For calendar year 1997 and each year
thereafter,
the tax rate shall increase to 3.5% of all money
wagered
on interstate and intertrack simulcast races conducted at
the
holder's licensed race meetings each calendar year. Not later
than
4 years after the effective date of this act, the racing
commissioner
shall report to the chairpersons of the senate and
house
committees responsible for legislation concerning horse
racing
as to the effect on the horse racing industry of the
reduction
in the tax pursuant to subsection (2). the year.
(3) By eliminating the pari-mutuel wagering tax on live racing
programs, it is not the intent of the legislature to diminish the
funding and appropriations for the Michigan agriculture equine
industry fund and related programs described in section 20. The
pari-mutuel tax reduction effected by this section is intended to
generally allow for the improvement of the pari-mutuel horse racing
and breeding industry in this state by increasing purses at
licensed race meetings and making additional pari-mutuel revenues
available for capital improvements at licensed racetracks in this
state.
Sec.
23. (1) The auditing of pari-mutuel Pari-mutuel
operations
at each race meeting shall be performed audited by a
private auditing firm appointed by the state treasurer and approved
by
the racing commissioner director. The expense of pari-mutuel
audits shall be paid by the state as a part of the state
treasurer's budget. Daily audit reports on each day of pari-mutuel
racing
shall be forwarded to the racing commissioner director and
the holder of the race meeting license not later than 2 business
days after the day for which the report is made. Within 60 days
following each race meeting, at least 3 copies of the pari-mutuel
audit report for the entire race meeting shall be forwarded to the
racing
commissioner director and additional copies shall be
supplied to the state treasurer and the holder of the race meeting
license. The scope of the pari-mutuel audits shall be established
in specifications prepared by the state treasurer and approved by
the
racing commissioner director.
(2)
The auditors representing the this
state under subsection
(1) shall have free and full access to the space or enclosure where
the payoff prices are calculated, to the rooms and enclosures where
the totalisator equipment is operated, and to the money rooms and
cashier terminals, and shall be responsible for verifying the
accuracy of the calculations on which are based the payoff prices
to the public and amount of racetrack commission, state tax and
breakage, and for the amounts withheld by the holder of the race
meeting license for payment of uncashed tickets. The auditors at
all times shall have full and free access to all pari-mutuel
records and all aspects, areas, and functions of the totalisator
system, including but not limited to, all hardware, software, input
and output data, documents, and files. The auditors may audit
internally and externally any or all parts and elements of the
totalisator system whether on or off the site of the race meeting
grounds. If the records are maintained in a machine-readable form,
such as computer tapes or disks, copies shall be made available to
the auditors on request. The auditors, in addition to their regular
reports,
shall make prompt report to the racing commissioner
director, the state treasurer, and the holder of the race meeting
license of any irregularities or discrepancies which they may
encounter during their auditing.
(3) In addition to auditing the pari-mutuel operations, the
auditors described in subsection (1) shall include in their final
reports the daily attendance figures as supplied by the holder of
the race meeting license.
Sec. 25. To the extent information is disclosed by any race
meeting licensee under this act regarding the name, address, or any
other personal information, including financial information, of any
patron
of the licensee, neither the office of the racing
commissioner
department nor any other governmental authority to
whom
which disclosure has been made shall disclose that
information.
All information provided to the office of racing
commissioner
department or any other governmental authority by a
race meeting licensee that in any manner discloses the name,
address, or any other personal information, including financial
information,
of any patron of the licensee is considered
confidential, and is not subject to disclosure under the freedom of
information
act, Act No. 442 of the Public Acts of 1976, being
sections
1976 PA 442, MCL 15.231 to 15.246. of the Michigan
Compiled
Laws.
Sec. 30. (1) A drug or painkiller that is a stimulant to a
horse or depressant to a horse shall not be administered to a horse
or be present in a horse that is intended to be entered, is
entered, or participates in a race with wagering by pari-mutuel
methods or any nonbetting race or workout that is conducted at a
licensed race meeting in this state. Any drug or foreign substance,
other than a stimulant or depressant, may be administered to a
horse or present in a horse that is intended to be entered, is
entered, or participates in a race with wagering by pari-mutuel
methods or any nonbetting race or workout that is conducted at a
licensed race meeting in this state only if authorized by the
racing
commissioner director by rule or written order for use in
the care or treatment of the horse. A veterinarian is not
prohibited by this section from administering to a horse any drug
or foreign substance that is necessary and appropriate for the
emergency veterinary care and treatment of the horse under accepted
standards of veterinary practice in this state. The treating
veterinarian and the horse's trainer shall report immediately to
the
racing commissioner director, the state veterinarian, or the
state steward any unauthorized or emergency administration of an
unauthorized drug or foreign substance to a horse that is intended
to be entered, is entered, or participates in a race or workout at
a licensed race meeting in this state, before the running of the
race
or workout, in the manner and form prescribed by the racing
commissioner
director and the stewards shall scratch the horse from
the race. A veterinarian who administers a drug or foreign
substance to any horse that is intended to be entered, is entered,
or participates in a race or workout that is to be conducted at a
licensed race meeting in this state shall keep and maintain a true
and complete written record of the veterinarian's examination,
examination findings, diagnosis and treatment of the horse, and all
drugs or foreign substances administered to the horse by the
veterinarian,
in the manner and form prescribed by the racing
commissioner
director, and shall provide the record to the
commissioner
director for review upon request.
(2)
The racing commissioner or his or her designee director
shall conduct random testing to detect the presence of a drug or
foreign substance in all winning horses and in any other horse in
each pari-mutuel horse race and may conduct individual testing for
the presence of a drug or foreign substance in any specific horse
within the racetrack.
(3)
The racing commissioner director
shall issue written
orders or promulgate rules pursuant to the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
sections 24.201 to 24.328 of the Michigan Compiled Laws 1969
PA
306, MCL 24.201 to 24.328, that specify
the what condition of
the
a horse that must exist in order to permit
authorization of
permits authorizing the use and possession of a foreign substance
or
a permissible drug for the intended care or treatment of a the
horse and that specify the procedures that must be followed in
administering
the an authorized drugs drug.
Any written order
issued
by the racing commissioner pursuant to director under this
section
shall be available for review in the office of racing
commissioner
the director at each licensed race meeting in this
state.
(4)
Except as authorized by the racing commissioner director
or
as provided in this section, a person who administers does
either of the following is guilty of a felony punishable by a fine
of not more than $10,000.00 or imprisonment for not more than 5
years, or both:
(a) Administers or conspires to administer to a horse that is
intended to be entered, is entered, or participates in a race or
workout at a licensed race meeting in this state a drug or foreign
substance , that could affect the racing condition or
performance
of
a horse. , This
subdivision applies regardless of whether the
drug or substance is administered or intended to be administered
internally, externally, by hypodermic method, or by any other
method. ,
to a horse that is intended to be entered, is entered, or
participates
in a race or workout at a licensed race meeting in
this
state, or who knowingly
(b)
Knowingly starts a horse in any a race
or workout at a
licensed race meeting in this state knowing that the horse was
administered a drug or foreign substance, by any method, after the
horse was entered or intended to be entered in the race or workout.
is
guilty of a felony punishable by a fine of not more than
$10,000.00
or by imprisonment for not more than 5 years, or both.
(5) A postmortem examination shall be performed on every horse
that dies at a racetrack. A postmortem examination shall be a
complete
autopsy unless the racing commissioner director, on the
advice of the veterinarian, is satisfied as to the cause of death
without
the a complete autopsy being performed. A complete autopsy
shall be ordered and performed if the presence of a drug or foreign
substance in the horse is suspected.
Sec. 31. (1) Except as provided in subsection (3), a person
who does any of the following, or who aids or abets another in
doing any of the following, is guilty of a misdemeanor punishable
by a fine of not more than $10,000.00 or by imprisonment for not
more than 1 year, or both:
(a) Introduces an object or foreign substance into the
nostrils or windpipe of a horse that is entered or intended to be
entered in a race or workout at a licensed race meeting in this
state for the purpose of affecting the racing condition or
performance of the horse in a race or workout, without
authorization
of the racing commissioner director.
(b) Has in his or her possession within the confines of a
racetrack, stable, shed, building, or grounds of a licensed race
meeting, or within the confines of an off-track stable, shed,
building,
or grounds where horses are kept which that are eligible
to race over the racetrack of the holder of a race meeting license,
any
a drug that
is not authorized by the racing
commissioner
director
for use at those locations, or a battery
or buzzer,
whether electrical or mechanical, or a syringe, hypodermic needle,
or
other appliance or device, other than the ordinary whip, which
that may or can be used for the purpose of affecting a horse's
racing condition or performance in a race or workout at a licensed
race meeting in this state.
(c) Has in his or her possession within the confines of a
racetrack, stable, shed, building, or grounds of a licensed race
meeting or within the confines of an off-track stable, shed,
building, or grounds where horses are kept that are eligible to
race over the racetrack of the holder of a race meeting license a
controlled
substance as defined in section 7104 of the public
health
code, Act No. 368 of the Public Acts of 1978, being section
333.7104
of the Michigan Compiled Laws, or a
hypodermic needle or
other instrument that can be used to administer a controlled
substance, unless the controlled substance was obtained directly
from
or pursuant to a prescription from
, a licensed physician ,
and
the person notifies the racing commissioner or racing
commissioner's
designee director that the person possesses the
controlled substance or instrument.
(2)
In After a person who is a
licensee under this act is
convicted of an offense under subsection (1), in addition to the
penalties
prescribed in subsection (1), a the
director shall
suspend
the license of the person who is a
licensee under this act
and
who does any of the acts described in subsection (1) shall have
his
or her license suspended by the racing commission for a period
of
not less than 5 years. after
being convicted.
(3) Subsections (1) and (2) do not prohibit the possession and
use of drugs, foreign substances, controlled substances, hypodermic
needles and syringes, nasogastric tubes, endotracheal tubes,
endoscopes, or other instruments or equipment by a veterinarian
within the confines of a racetrack, stable, shed, building, or
grounds of a licensed race meeting or within the confines of an
off-track stable, shed, building, or grounds where horses are kept
that are eligible to race over the racetrack of the holder of a
race meeting license, if the drugs and equipment are recognized and
accepted in veterinary medicine for use in the care and treatment
of horses and are possessed and used by the veterinarian in
accordance with accepted standards of veterinary practice in this
state and applicable state and federal laws and not in violation of
other provisions of this act.
Sec. 33. A person who has information regarding a violation or
attempted
violation of sections section
30, 31, or 32 shall
immediately
report that information to the racing commissioner
director
or an agent of the racing
commissioner director. A person
who violates this section is guilty of a misdemeanor punishable by
a fine of not more than $10,000.00 or imprisonment for not more
than 1 year, or both.
Sec. 34. In addition to the penalties provided in sections 29,
30, 31, 32, and 33, the holder of a license who violates section
29, 30, 31, 32, or 33 is subject to penalties prescribed by the
racing
commissioner director that may include the suspension or
revocation of the person's license.
Enacting section 1. Section 5 of the horse racing law of 1995,
1995 PA 279, MCL 431.305, is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 958.
(b) Senate Bill No. 956.
(c) Senate Bill No.____ or House Bill No.____ (request no.
02648'09 c).
(d) Senate Bill No. 957.
