HOUSE DOCKET, NO. 3657        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 322

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harold P. Naughton, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to promote horse racing in the Commonwealth.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3657        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 322

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act to promote horse racing in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Subsection (a) of section 60 of chapter 23K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “licensee under chapter 128A” and inserting in place thereof the following words:- persons licensed by the commission to hold or conduct horse racing meetings.

SECTION 2. Subsection (b) of said section 60 of said chapter 23K, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

There shall be a horse racing committee consisting of 5 members, 2 of whom shall be appointed by the chair of the commission, 1 of whom shall be appointed by the New England Horsemen’s Benevolent & Protective Association and the Massachusetts Thoroughbred Breeding Program; 1 of whom shall be appointed by the Massachusetts Thoroughbred Horsemen’s Association; and 1 of whom shall be appointed by the Harness Horseman’s Association of New England and the Massachusetts Standardbred Breeding Program.

SECTION 3. Notwithstanding chapters 128A and 128C of the General Laws, or any general or special law, rule or regulation to the contrary, the Massachusetts Gaming Commission shall accept applications by persons seeking to hold or conduct horse racing meetings at a race track within the commonwealth which has not previously conducted horse racing meetings.  For any such application, the commission shall:

(1) prescribe the application process and criteria for evaluation of the application for a racing license; provided that the commission shall not accept applications to conduct horse racing meetings at a race track with a racing strip of less than 1 mile or applications where training and stabling will not be held on the same property as the race track;

(2) prescribe the process and criteria for evaluation of the application of a simulcasting license to a racing licensee licensed under this section;

(3) prescribe the minimum number of live racing days required to be held by a racing licensee; provided that the minimum number of live racing days shall not be less than 60 days;

(4) prescribe rules governing simulcasting and simulcast wagering;

(5) prescribe the manner that premiums, if any, will be assessed upon the racing and/or simulcasting licensees;

(6) prescribe any allowable or required takeouts;

(7) prescribe procedures and requirements for the use of breaks and unclaimed wagers;

(8) establish uniform standards and requirements for horse racing including, but not limited to, safety standards for horses, jockeys, drivers, and other participants, use and operation of a Totalizator, and drug testing;

(9) prescribe the types of allowable wagers;

(10) prescribe procedures for the use of credit, advance deposit wagering accounts, and rebates;

(11) prescribe the manner in which judges, stewards and race officials will be qualified and appointed;

(12) develop procedures for the voluntary and involuntary exclusion of patrons from a race track in a manner consistent with section 45 of chapter 23K;

(13) require racing licensees and simulcasting licensees to develop protocols to prevent underage wagering and establish security procedures for ensuring the safety of minors at race tracks;

(14) prescribe the minimum internal control procedures for racing licensees and simulcasting licensees including those for effective control over the internal fiscal affairs of a licensee, including provisions for implementation of a uniform standard of accounting, the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness and the maintenance of reliable records, accounts and reports of transactions, operations and events, including reports by the commission;

(15) prescribe requirements for the governance of internet or electronic based wagering on horse racing;

(16) establish licensure and registration procedures for employees of racing licensees and simulcasting licensees not working at a gaming establishment pursuant to chapter 23K;

(17) establish licensure and registration provisions for veterinarians, blacksmiths, owners, trainers, jockeys and stable employees;

(18) require that all employees of a racing licensee and simulcasting licensee who have racing responsibilities, including financial, be properly trained in their respective professions;

(19) prescribe grounds and procedures for the revocation, suspension, and discipline of all licenses and registrations;

(20) prescribe the process that an applicant can receive approval from towns hosting the new race track; and

(21) prescribe any other issues related to the honest conduct of horse racing and wagering related to it.

SECTION 4. Notwithstanding any general or special law, rule or regulation to the contrary, upon the grant of any new license to conduct horse racing meetings in the commonwealth; the Horse Racing Committee of the Massachusetts Gaming Commission shall convene to review allocations made to the thoroughbred and standardbred industry through the Race Horse Development Fund established pursuant to chapter 23K of the General Laws.  The committee shall consider the funding necessary to promote and support horse racing at new establishments within the commonwealth.