SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2305

The Commonwealth of Massachusetts

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

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SECTION 1. Section 55 of chapter 23K of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) In addition to the tax imposed under subsection (b), a category 2 licensee shall pay a daily assessment of 4 per cent of its gross gaming revenue to the Race Horse Development Fund established in section 60 and a daily assessment of 5 per cent of its gross gaming revenue to the Education Fund established in section 64.

SECTION 2. Section 59 of said chapter 23K, as so appearing, is hereby amended by striking out, in line 46, the figure “14” and inserting in place thereof the following figure:-  16.5.

SECTION 3. Clause (2) of said section 59 of said chapter 23K, as so appearing, is hereby amended by striking out subclauses (j) to (l), inclusive, and inserting in place thereof the following 2 subclauses:-

(j) 15 per cent to the Transportation Infrastructure and Development Fund established in section 62; and

(k) 5 per cent to the Public Health Trust Fund established in section 58.

SECTION 4. Subsection (c) of section 60 of said chapter 23K, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding the foregoing, in a calendar year in which no purses are awarded for live races at either a thoroughbred racing facility or at a standardbred racing facility, the commission may distribute the funds held for any such purpose that are not otherwise expended because of the nonexistence of purses for live races at either such facility for any other authorized expenditure under this subsection. 

SECTION 5.  The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 1 of chapter 159 of the acts of 2018, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 6.  The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “July 31, 2019”, inserted by section 2 of said chapter 159, and inserting in place thereof the following words:- July 31, 2020.

SECTION 7.  The introductory paragraph of section 13 of said chapter 494 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 3 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 8.  Section 15 of said chapter 494 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 4 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 9.  The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 5 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 10.  The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 6 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 11.  The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words “July 31, 2019”, inserted by section 7 of said chapter 159, and inserting in place thereof the following words:- July 31, 2020.

SECTION 12.  The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 8 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 13.  The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words “July 31, 2019”, inserted by section 9 of said chapter 159, and inserting in place thereof the following words:- July 31, 2020.

SECTION 14.  The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words “and until July 31, 2019”, inserted by section 10 of said chapter 159, and inserting in place thereof the following words:- and until July 31, 2020.

SECTION 15.  Section 45 of chapter 139 of the acts of 2001 is hereby amended by striking out the words “July 31, 2019”, inserted by section 11 of said chapter 159, and inserting in place thereof the following words:- July 31, 2020.

SECTION 16.  Section 20 of chapter 449 of the acts of 2006 is hereby amended by striking out the words “July 31, 2019”, inserted by section 12 of said chapter 159, and inserting in place thereof the following words:- July 31, 2020.

SECTION 17. Section 92 of chapter 194 of the acts of 2011 is hereby amended by striking out the figure “2019”, inserted by section 13 of said chapter 159, and inserting in place thereof the following figure:- 2020.

SECTION 18. Section 112 of said chapter 194 is hereby amended by striking out the figure “2019”, inserted by section 14 of said chapter 159, and inserting in place thereof the following figure:- 2020.

SECTION 19. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking out the figure “2019”, inserted by section 15 of said chapter 159, and inserting in place thereof the following figure:- 2020.

SECTION 20. Section 13 of chapter 176 of the acts of 2016 is hereby repealed.

SECTION 21. Notwithstanding section 2 of chapter 128A of the General Laws, sections 1, 2, 2A and 4 of chapter 128C of the General Laws or any other general or special law to the contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C in calendar year 2019 shall remain licensed as a running horse racing meeting licensee until July 31, 2020 and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until July 31, 2020; provided, however, that the days between January 1, 2020 and December 31, 2020 shall be dark days pursuant to said chapter 128C and the licensee shall be precluded from conducting live racing during that period, unless it applies for and is granted a supplemental live racing license pursuant to said chapter 128A; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal law; provided further, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within the commonwealth; and provided further, that if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.

SECTION 22. Sections 1 to 4, inclusive, shall take effect on November 1, 2019.