Bill H.362

HOUSE DOCKET, NO. 3872 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 362

By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 362) of Adrian C. Madaro relative to regulating horse racing, simulcasting and wagering. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act regulating horse racing, simulcasting and wagering.

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.Section 7 of chapter 4 of the General Laws is hereby amended by striking out clause Tenth, as inserted by section 1 of chapter 173 of the acts of 2022, and inserting in place thereof the following clause:-

Tenth, “Illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) sports wagering conducted under chapter 23N; (iv) pari-mutuel wagering on horse races and greyhound races under chapter 128D; (v) a game of bingo conducted under chapter 271; and (vi) charitable gaming conducted under said chapter 271.”

SECTION 2.Section 7 of chapter 4 of the General Laws is hereby amended by striking out clause Tenth, as inserted by section 1, and inserting in place thereof the following clause:-

Tenth, “Illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) sports wagering conducted under chapter 23N; (iv) pari-mutuel wagering on horse races under chapter 128D; (v) a game of bingo conducted under chapter 271; and (vi) charitable gaming conducted under said chapter 271.”

SECTION 3.Section 7 of chapter 23K of the General Laws is hereby repealed. Said section 7 shall not be revived by any future operation of sections 17 or 112 of chapter 194 of the acts of 2011.

SECTION 4.Chapter 128A of the General Laws is hereby repealed.

SECTION 5.Chapter 128C of the General Laws is hereby repealed.

SECTION 6.The General Laws are hereby amended by inserting after said chapter 128C the following chapter:-

CHAPTER 128D.

HORSE RACING, SIMULCASTING AND WAGERING

Section 1.Preamble. It is the intent of this chapter to grant the Massachusetts gaming commission all necessary authority to oversee and regulate all aspects of horse racing and simulcasting in the commonwealth with the object of promoting their efficient operation, and the honesty and integrity of the wagering process related to them. It is the further intent of this chapter that the commission utilize best efforts to ensure that the horse racing and simulcasting industries be preserved and sustained for, amongst other reasons, the preservation of open space, the agricultural benefits associated with horse racing, and the creation and preservation of jobs and businesses associated with horse racing and simulcasting.

Section 2.As used in this chapter, the following terms shall, unless the context clearly otherwise requires, have the following meanings:

“Advance deposit wagering”, a form of pari-mutuel wagering in which an individual may deposit money to an account established through an agreement with a holder of a racing license or simulcasting license or such licensee’s service provider and use the account balance to make and pay for wagers by the holder of the account which wagers may be made in person, by direct telephone call or by communication through other electronic media by the holder of the account.

“Breaks'', in the case of live horse racing meetings conducted in the commonwealth by a racing licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered; provided, however, that in the case of a horse race conducted at a race track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the race track is located.

“Commission”, the Massachusetts gaming commission established in chapter 23K.

“Exotic wager”, a wager on the speed or ability of a combination of more than 1 horse in a single race.

“Guest track”, a simulcasting licensee’s facility or an out-of-state pari-mutuel wagering facility which accepts a simulcast wager on a race conducted live at another location which is presented by simulcast at the simulcasting licensee’s facility or the out-of-state pari-mutuel wagering facility.

“Host track”, a racing licensee or an out-of-state track which conducts a live race which is the subject of simulcasting and simulcast wagering.

“Pari-mutuel wagering”, a form of wagering on the outcome of an event in which all wagers are pooled and held by an association for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning contestants.

“Premium”, an amount paid to a racing licensee by a simulcasting licensee on account of the simulcasting licensee taking wagers on interstate simulcasts of the type of horse racing as is conducted by the racing licensee.

“Racing license”, an authorization awarded to a person by the commission, under specified conditions, to accept wagers on live horse racing conducted on the license holder’s licensed premises in the commonwealth; a racing license shall not confer on its holder any rights to simulcast or to accept simulcast wagers, but an eligible person may apply for and be awarded both a racing license and a simulcasting license.

“Racing licensee”, a person who holds a racing license; a racing licensee may also be a simulcasting licensee.

“Race track”, a track where live horse racing meetings are held, including but not limited to the track, grounds, auditoriums, amphitheaters and bleachers, if any, and adjacent places used in connection therewith.

“Rebate'”, a portion of pari-mutuel wagers, otherwise payable to a racing or simulcasting licensee, that is paid to a holder of a pari-mutuel wagering ticket and that reduces the amount otherwise payable to such licensee, including, but not limited to: refunds to holders of pari-mutuel wagering tickets of any portion or percentage of the full face value of a pari-mutuel wager; bonuses on a winning pari-mutuel ticket; awards of merchandise; services such as meals, parking, admission, seating and programs; free or reduced-cost pari-mutuel wagers; monetary awards; or any other benefit that the commission deems appropriate to reward racing and simulcasting patrons for their patronage.

“Simulcast'”, the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race conducted at a race track other than the one at which it is being exhibited, whether inside or outside the commonwealth, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise.

“Simulcasting license”, an authorization awarded to a person by the commission, under specified conditions, to accept simulcast wagers, provided that the commission may award a simulcasting license only to a racing licensee, a gaming licensee pursuant to chapter 23K, or an entity that was licensed as a greyhound or horse racing meeting licensee pursuant to chapter 128A and authorized pursuant to chapter 128C to conduct simulcasting in 2022; and provided further that a simulcasting license shall have a term of 5 years.

“Simulcasting licensee”, a person who holds a simulcasting license.

“Simulcast wager'”, a wager taken by a simulcasting licensee on a race that is simulcast.

“Straight wager”, a wager on the speed or ability of any 1 horse in a single race.

“Takeout”, monies deducted from a pari-mutuel pool in accordance with this chapter prior to payment of winnings.

Section 3.(a) The commission shall have all powers necessary or convenient to effectively regulate horse racing, simulcasting, and pari-mutuel wagering thereon including, but not limited to,

(1) all requisite powers afforded in accordance with section 4 of chapter 23K necessary for the implementation, administration and enforcement of this chapter;

(2) the power to adopt, amend or repeal regulations for the implementation, administration and enforcement of this chapter;

(3) the power to award, revoke, suspend, and approve transfers of racing licenses and simulcasting licenses in accordance with regulations adopted pursuant to section 4, provided, however, notwithstanding any provision of this chapter, any other general or special law, or any regulations adopted hereunder to the contrary, the entities licensed as greyhound or horse racing meeting licensee under chapter 128A and authorized to conduct simulcasting under chapter 128C during calendar year 2022 shall be licensed as simulcasting licensees under this chapter through December 31st of the year in which the tenth anniversary of effective date of this chapter occurs. Such greyhound and horse racing meeting licensees shall be authorized to conduct simulcasting and simulcast wagering without any requirement to conduct live racing, except that the harness horse racing meeting licensee shall comply with any live racing obligations under chapter 23K or under chapter 194 of the acts of 2011. Such a greyhound or horse racing meeting licensee may assign its simulcasting license to another person, provided that the assignee passes a background investigation by the commission;

(4) the power to administer and enforce any general or special law related to pari-mutuel wagering or simulcasting; and

(5) the power to serve as a host racing commission and an off-track racing commission for purposes of the Interstate Horseracing Act, 15 U.S.C. § 3001 et seq.

(b) The power and authority granted to the commission shall be construed as broadly as necessary for the implementation, administration and enforcement of this chapter.

Section 4.(a) The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, regulations that:

(1) prescribe the application process and criteria for evaluation of the application and renewal for a racing license; provided, however, in determining whether to award or renew a racing license the commission shall take into consideration the physical location of the race track as it relates to other proposed and licensed tracks, whether the race track will maximize benefits to the commonwealth, the support or opposition to each applicant from the public, and any other considerations deemed relevant by the commission;

(2) subject to section 3(a)(3), prescribe the process and criteria for evaluation of the application and renewal of a simulcasting license; provided, however, that simulcast licenses may be awarded only to a racing licensee, a gaming licensee pursuant to chapter 23K, or an entity that was licensed as a greyhound or horse racing meeting licensee pursuant to chapter 128A and authorized pursuant to chapter 128C to conduct simulcasting in 2022, and provided further that, in granting a simulcasting license to a gaming licensee, the commission shall take into consideration the impact on facilities of persons previously licensed pursuant to said chapters 128A and 128C;

(3) prescribe procedures and requirements necessary to the proper governance of the conduct of live horse racing, simulcasting, and wagering thereon, including:

(i)prescribe the types of allowable wagers;

(ii)establish procedures for advance deposit wagering, including the use of advance deposit wagering accounts including electronic components of advance deposit wagering account, rebates and rewards;

(iii)prescribe the extent to which, if any, rebating will be authorized in the commonwealth;

(iv)prescribe the use of the breaks;

(v)prescribe the amount and manner that premiums, if any, will be assessed upon the simulcasting licensees;

(vi)establish licensure and registration provisions for veterinarians, blacksmiths, owners, trainers, jockeys and stable employees performing work at race tracks;

(vii)establish uniform standards and requirements for horse racing including, but not limited to, safety standards for horses, jockeys, drivers, and other participants, and for the drug testing of horses and jockeys and drivers;

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

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

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

(xi)prescribe the minimum internal control procedures for racing meeting 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 to the commission;

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

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

(4) prescribe the minimum number of live racing days required to be held by a racing licensee;

(5) prescribe grounds and procedures for the revocation, termination or suspension of licenses and registrations issued by the commission, and for the issuance of discipline or fines to persons holding licenses and registrations issued by the commission;

(6) prescribe the assessment and allocation of funds from racing licensees and simulcasting licensees for the purpose of funding, to the extent not funded in accordance with section 11, the activities of the commission relative to racing, simulcasting and wagering thereon, and

(7) prescribe any other issues related to the honest conduct of horse racing, simulcasting and wagering thereon.

(b) The commission may, pursuant to section 2 of chapter 30A, promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if such regulation is necessary to protect the interests of the commonwealth in regulating horse racing, simulcasting, or wagering thereon.

Section 5.Advance deposit wagering by residents of the commonwealth on the results of horse races conducted in the commonwealth or in jurisdictions outside of the commonwealth shall be authorized and lawful in the commonwealth so long as there is a racing licensee or a simulcasting licensee under this chapter. Each racing or simulcasting licensee shall be authorized to conduct advance deposit wagering in accordance with any regulations promulgated by the commission and may do so either directly or through a service provider with whom it has a written agreement. No person who is not a racing or simulcasting licensee shall conduct advance deposit wagering other than as a service provider with a written agreement with a racing or simulcasting licensee.

Section 6.The commission may inspect and shall have access to the entire race track or simulcasting facility and premises associated therewith upon which activity is conducted pursuant to a racing license or a simulcasting license issued in accordance with this chapter including all records, documents, systems, equipment, and supplies on the premises.

Section 7.The commission may audit as often as the commission determines necessary the accounts, programs, activities, and functions of all racing licensees and simulcasting licensees. To conduct the audit, authorized officers and employees of the commission shall have access to such accounts at reasonable times, upon reasonable notice, and the commission may require the production of books, documents, vouchers and other records relating to any matter within the scope of the audit.

Section 8.Each racing licensee and simulcasting licensee shall make readily available to the commission all documents, materials, equipment, personnel and any other items requested during an investigation; provided, however, that material that a racing licensee or simulcasting licensee considers a trade secret or other competitively sensitive or proprietary information, and that would be detrimental to the licensee if publicly disclosed may, with the commission's approval, be protected from public disclosure and the licensee may require nondisclosure agreements with the commission before disclosing such material.

Section 9.Any records or information provided to the Commission by an applicant or licensee under this chapter that the Commission determines constitute a trade secret or other competitively sensitive or proprietary information, the public disclosure of which would be detrimental to or place said applicant or licensee at a competitive disadvantage, may be subject to a nondisclosure agreement with the commission and/or withheld from disclosure under section 10 of chapter 66.

Section 10.The commission shall establish application fees for all licenses, approvals, and renewals awarded under this chapter which shall include costs incurred for conducting a background investigation into an applicant. The commission may seek reimbursement from an applicant for any costs of investigation in excess of the initial application or renewal fee.

Section 11.(a) Every racing licensee conducting pari-mutuel wagering on horse races run live at its licensed race track shall return all sums deposited in any pari-mutuel pool by patrons for wagers on such live horse races to the holders of winning tickets therein less the breaks and less a takeout in an amount to be determined by the licensee but not to exceed 19 per cent of the total amount so deposited on a straight wager and 26 per cent of the total amount so deposited on an exotic wager. From the takeout, the licensee shall pay:

(i) to the commission on behalf of the commonwealth, a pari-mutuel tax in an amount equal to 0.75 per cent of all amounts so deposited, less the breaks;

(ii) (A) if a running horse licensee, to the Massachusetts Thoroughbred Breeders Association, Inc., a sum equal to 1 per cent of the total amount so deposited, less the breaks, to be used for the purposes of subsection (g) of section 2 of chapter 128; and

(B) if a harness horse licensee, to the Massachusetts Standardbred Breeders program established pursuant to subsection (j) of section 2 of chapter 128, a sum equal to 0.5 per cent of the total amount so deposited, less the breaks, on straight wagers and a sum equal to 1.5 per cent of the total amount so deposited, less the breaks, on exotic wagers, the monies to be used for the purposes of said subsection (j) of said section 2;

(iii) (A) if a running horse licensee, a sum equal to 8.5 per cent of the amount so deposited, less the breaks, on straight wagers and a sum equal to 9.5 per cent of the amount so deposited, less the breaks, on exotic wagers, for payment of purses and, with the approval of the appropriate horsemen’s association representing the horse owners racing at that meeting, for payment of the licensee’s administrative and horseracing operations;

(B) if a harness horse licensee, a sum equal to 8 per cent of the amount so deposited, less the breaks, on straight wagers and a sum equal to 10 per cent of the amount so deposited, less the breaks, on exotic wagers for the payment of purses; and

(iv) if a running horse licensee, to Tufts University School of Veterinary Medicine, a sum equal to 0.5 per cent of the amount so deposited, less the breaks, on exotic wagers.

In addition, 3.5 per cent of all purses paid by running horse racing licensees, except purses funded by the Massachusetts Thoroughbred Breeders Association, Inc., shall be paid to the Massachusetts Thoroughbred Breeders Association, Inc.

The licensee shall be entitled to retain the remainder of the takeout as its commission.

(b) Every simulcasting licensee acting as a guest track simulcasting a race run live at a host track within the commonwealth shall return all sums deposited in any pari-mutuel pool by patrons for wagers on such in-state simulcast races to the holders of winning tickets therein less the breaks and less a takeout in an amount to be determined by the licensee but not to exceed 19 per cent of the total amount so deposited on straight wagers and 26 per cent of the total amount so deposited on exotic wagers. From the takeout, the licensee shall pay:

(i) to the commission on behalf of the commonwealth, a pari-mutuel tax in a sum equal to 0.375 per cent of the amount so deposited, less the breaks;

(ii) to the host racing association, a sum equal to 11 per cent of the amount so deposited, less the breaks;

(iii) (A) if the simulcasting licensee is also a running horse racing licensee, to the Massachusetts Thoroughbred Breeders Association, Inc., a sum equal to 0.5 per cent of the total amount so deposited, less the breaks, to be used for the purposes of subsection (g) of section 2 of chapter 128; and

(B) if the simulcasting licensee is also a harness horse racing licensee, to the Massachusetts Standardbred Breeders program established pursuant to subsection (j) of section 2 of chapter 128, a sum equal to 0.25 per cent of the total amount so deposited by patrons, less the breaks, on straight wagers and a sum equal to 0.75 per cent of the total amount so deposited, less the breaks, on exotic wagers, the monies to be used for the purposes of said subsection (j) of said section 2 of said chapter 128; and

(iv) (A) if the simulcasting licensee is also a running horse racing licensee, a sum equal to not less than 3.5 per cent of the total amount so deposited, less the breaks, for the payment of purses in races at its race track and, with the approval of the appropriate horsemen’s association representing the horse owners racing at that meeting, for payment of the licensee’s administrative and horseracing operations;

(B) if the simulcasting licensee is also a harness horse racing licensee, a sum equal to not less than 3.5 per cent of the total amount so deposited, less the breaks, for the payment of purses in races at its race track;

(v) if the simulcast race is a thoroughbred race, to the department of agricultural resources, a sum equal to 0.25 per cent of the total amount so deposited on exotic wagers.

The licensee shall be entitled to retain the remainder of the takeout as its commission.

(c) Every simulcasting licensee acting as a guest track simulcasting a race run live at a host track outside of the commonwealth shall return all sums deposited in any pari-mutuel pool by patrons for wagers on such out-of-state simulcast races to the holders of winning tickets therein less the breaks and less a takeout in an amount to be determined by the licensee but not to exceed 19 per cent of the total amount so deposited on straight wagers and 26 per cent of the total amount deposited on exotic wagers or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track. From the takeout, the licensee shall pay:

(i) to the commission on behalf of the commonwealth, a pari-mutuel tax in an amount equal to 0.375 per cent of all wagers, less the breaks

(ii) (A) if the simulcasting licensee is also a running horse racing licensee, to the Massachusetts Thoroughbred Breeders Association, Inc., a sum equal to 0.5 per cent of the total amount so deposited, less the breaks, to be used for the purposes of subsection (g) of section 2 of chapter 128; and

(iii) (A) if the simulcasting licensee is also a running horse racing licensee, a sum equal to not less than 0.5 per cent and not more than 2.5 per cent of the total amount so deposited, less the breaks, for the payment of purses in races at its race track and, with the approval of the appropriate horsemen’s association representing the horse owners racing at that meeting, for payment of the licensee’s administrative and horseracing operations;

(B) if the simulcasting licensee is also a harness horse racing licensee, a sum equal to not less than 4.0 per cent and not more than 7.5 per cent of the total amount so deposited, less the breaks, for the payment of purses in races at its race track;

The licensee shall be entitled to retain the remainder of the takeout as its commission.

(d) All pari-mutuel taxes paid to the commission pursuant to this section, and all assessments, association licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues paid to the commission shall be deposited in a separate account under the control and supervision of the commission. The total amount of such pari-mutuel taxes and other revenues shall be expended in the following order of priority and for the purposes specified:

(1) local aid to the host community of each racing licensee in the amount of 0.35 per cent of all wagers placed with the racing licensee on its live races;

(2) $35,000 annually per racing and simulcasting licensee to the department of public health for assistance with problem gambling research, prevention, and treatment programs;

(3) $80,000 annually to an organization, as determined by the commission, which provides health, medical, food, substance abuse treatment and other social services for persons who are employed in the stable or the backstretch area of a running horse licensee, if there is such a licensee;

(4) $20,000 annually to the commission to provide economic assistance, in accordance with regulations adopted by the commission, to any person employed in the racing facility, the stable or the backstretch area of a running horse licensee who is facing hardship due to illness or unforeseen tragedy;

(5) up to $1,080,976 per fiscal year for the operations of the commission relative to racing, including the costs to the commission of conducting each racing performance conducted by a racing licensee;

(6) any remaining revenues up to $4,500,000 to the racing licensees to be used for purses in amounts to be determined according to a formula established by the commission; and

(7) any remaining revenues to the General Fund.

(e) No winnings shall be paid by a racing or simulcasting licensee after December 31 of the year following the year in which the wager was made except with permission of the commission or pursuant to a judgment in an action brought to recover the winnings or in settlement of such an action. No action to recover winnings upon a wager made under this chapter or under chapter 128A or 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made. A notice of the limitation prescribed by this section in such form as the commission may prescribe shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold. Within 90 days of December 31, each licensee shall certify to the commission the total amount of money held for the payment of any wagers for the recovery of which no action has commenced within the time herein limited and shall thereafter be permitted free use of the funds, provided, however, that if the licensee is a racing licensee, then the funds shall be used for the payment of purses and, with the approval of the appropriate horsemen’s association representing the horse owners racing at that meeting, for payment of the licensee’s administrative and horseracing operations.

Section 12. Notwithstanding any general or special law to the contrary, the conducting of live racing, simulcasting, and pari-mutuel wagering thereon and activities ancillary thereto are lawful when conducted in accordance with the provisions of this chapter and the rules and regulations of the commission.

Section 13. The provisions of section 181 of chapter 140 and of sections 31, 33, and 34 of chapter 271, and of chapter 494 of the acts of 1908, shall not apply to race tracks or racing meetings laid out and conducted by licensees under this chapter or to animals eligible to race at such meetings; except that no license shall be granted by the commission for a racing meeting in any city or town, except in connection with a state or county fair, unless the location of the race track where such meeting is to be held or conducted has been once approved by the mayor and city council or the town council or the selectmen as provided by said section 33 of said chapter 271, after a public hearing, seven days' notice of the time and place of which hearing shall have been given by posting in a conspicuous public place in such city or town and by publication in a newspaper published in such city or town, if there is any published therein, otherwise in a newspaper published in the county wherein such city or town is situated.

The approval of a location by a mayor and city council shall be deemed to be a measure within the provisions of section 42 of chapter 43 and the provisions of said section shall apply to every city; provided, however, that such approval, if not rescinded as provided in said section, shall be submitted to the voters of the city at a special election which shall be called by the city council and shall be held within 45 days of the filing of the petition protesting such approval taking effect.

The approval of a location by a town council, in a town having a town council, and by the selectmen in any other town, upon petition of 12 per cent of the voters of the town filed with the town clerk protesting against such approval taking effect shall be suspended from taking effect and the town council or the selectmen, as the case may be, shall immediately reconsider such approval, and if such approval is not rescinded, the question of such approval shall be submitted to the voters of the town at a special election which shall be called by the selectmen or town council, as the case may be, and which shall be held within 45 days of the submission of said petition. Such approval shall become null and void unless a majority of the voters voting on the same at said election vote in the affirmative.

Section 14. Notwithstanding this chapter or any general or special law to the contrary, no live dog racing or live racing meeting where any form of wagering on the speed or ability of dogs occurs shall be conducted or permitted in this commonwealth and the commission is hereby prohibited from accepting or approving any application or request for racing dates for dog racing. Any person who violates this section shall be subject to a civil penalty of not less than twenty thousand dollars which shall be payable to the commission and used in accordance with subsection (d) of section 11.

Section 15.Any person who accepts or pays out a wager on the results of any horse race or dog race, or aids or abets any of the foregoing types of wagering, except as permitted by this chapter, shall for a first offence be punished by a fine of not more than two thousand dollars and imprisonment for not more than one year, and for a subsequent offence by a fine of not more than ten thousand dollars and imprisonment for not more than two years.

Section 16.The commission shall provide an annual report of activity conducted pursuant to this chapter. The report shall include, but not be limited to, an analysis of commission activities designed to further the race horse industry and equine economy; a full and complete statement of revenues, expenditures and the balance of the Race Horse Development Fund; an accounting of funds received from racing meeting licensees and simulcast licensees for the purpose of funding the activities of the commission; and an accounting of projected expenditures from the Race Horse Development Fund in the next year. The report shall be made available on the commission’s website and filed annually with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on economic development and emerging technologies not later than March 1 of each calendar year.

SECTION 7.Section 14 of chapter 128D of the General Laws is amended by striking out the section in its entirety and inserting in place thereof the following new section:-

Section 14. (a) Notwithstanding this chapter or any general or special law to the contrary, no live dog racing or live racing meeting where any form of wagering on the speed or ability of dogs occurs shall be conducted or permitted in this commonwealth and the commission is hereby prohibited from accepting or approving any application or request for racing dates for dog racing. Any person who violates this section shall be subject to a civil penalty of not less than twenty thousand dollars which shall be payable to the commission and used in accordance with subsection (d) of section 11.

(b) Notwithstanding this chapter or any general or special law to the contrary, no racing licensee or simulcasting licensees, including licensees holding racing meetings in connection with a state or county fair as defined in section 1 of chapter 128A, shall simulcast or accept a wager on greyhound dog racing.

SECTION 8.Section 17 of chapter 194 of the acts of 2011 is hereby repealed.

SECTION 9.Notwithstanding any provision of any general or special law to the contrary, as of the effective date of this section, no person shall be required to pay any money into the Running Horse Capital Improvements Trust Fund or the Running Horse Promotional Trust Fund, each established pursuant to section 11 of chapter 494 of the acts of 1978 and together referred to in this section as the “Thoroughbred Funds”, or into the Harness Horse Capital Improvement Trust Fund and the Harness Horse Promotional Trust Fund, each established pursuant to section 12 of said chapter 494 and together referred to in this section as the “Harness Funds.” Any monies in the Thoroughbred Funds as of the effective date of this section shall be paid by the commission, without condition or restriction and within thirty days of the effectiveness of this section, to the running horse racing meeting licensee located in Suffolk county and licensed under chapter 128A in 2022. Any monies in the Harness Funds as of the effective date of this section shall be paid by the commission, without condition or restriction and within thirty days of the effectiveness of this section, to the harness horse racing meeting licensee located in Norfolk county and licensed under chapter 128A in 2022. Once all such monies in a Thoroughbred Fund or a Harness Fund shall have been paid pursuant to this section, the fund shall be disestablished.

SECTION 10.Notwithstanding any provision of any general or special law to the contrary, as of the effective date of this section, no person shall be required to pay any money into the Greyhound Capital Improvements Trust Fund or the Greyhound Promotional Trust Fund, each established pursuant to section 12A of chapter 494 of the acts of 1978, or into the Racing Stabilization Fund established pursuant to section 87 of chapter 194 of the acts of 2011, all of which funds are referred to in this section as the “Greyhound Funds.” Any monies in a Greyhound Fund as of the effective date of this section shall be paid by the commission, without condition or restriction and within thirty days of the effectiveness of this section, to the greyhound meeting licensee located in Bristol county and licensed under chapter 128A in 2022 and the greyhound meeting licensee located in Suffolk county and licensed under chapter 128A in 2022 in proportion to their contributions to the Greyhound Funds since November 22, 2011.

SECTION 11. Notwithstanding any general or special law to the contrary, any person authorized at any point in 2023 or 2024 prior to the effective date of this Act by any general or special law to conduct horse racing, simulcasting, or pari-mutuel wagering including advance deposit wagering under said chapter 128A or said chapter 128C shall remain authorized to conduct such activities on the same terms and conditions as in effect immediately prior to the effective date of this act until such time as the commission adopts regulations or takes other action to implement this act and chapter 128D as herein established.

SECTION 12.Sections 2 and 7 shall take effect on August 1, 2023.

Name:	District/Address:	Date Added:
Adrian C. Madaro	1st Suffolk	1/20/2023