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  • Acts
  • 1999
  • Chapter 163 AN ACT REGULATING THE CONDUCT OF HORSE AND DOG RACING IN THE COMMONWEALTH

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to regulate forthwith the horse and dog racing industry in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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 2 of chapter 128C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 112 and 113, the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine" and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 2. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine", inserted by section 9 of chapter 268 of the acts of 1995, and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 3. Said section 12A of said chapter 494 is hereby further amended by striking out the last paragraph, as most recently amended by section 10 of said chapter 268, and inserting in place thereof the following paragraph:-

Funds paid by licensees and deposited by the commission in the Greyhound Capital Improvements Trust Fund and in the Greyhound Promotional Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31, 2000 which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the general fund.

SECTION 4. Section 13 of said chapter 494 is hereby amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine", inserted by section 11 of said chapter 268, and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 5. Section 15 of said chapter 494 is hereby amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine", inserted by section 12 of said chapter 268, and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 6. Section 9 of chapter 277 of the acts of 1986, as most recently amended by section 13 of said chapter 268, is hereby further amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine" and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 7. The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991, as amended by section 14 of said chapter 268 is hereby further amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine" and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 8. Said section 3 of said chapter 114 is hereby further amended by striking out the last paragraph, as amended by section 15 of said chapter 268, and inserting in place thereof the following paragraph:-

Funds paid by licensees and deposited by the commission in the Running Horse Capital Improvements Trust Fund and in the Running Horse Promotional Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31, 2000 which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the general fund.

SECTION 9. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine", inserted by section 16 of said chapter 268, and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 10. Said section 4 of said chapter 114 is hereby amended by striking out the last paragraph, as amended by section 17 of said chapter 268, and inserting in place thereof the following paragraph:-

Funds paid by licensees and deposited by the commission in the Harness Horse Capital Improvements Trust Fund and in the Harness Horse Promotional Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31, 2000 which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the general fund.

SECTION 11. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out, the words "nineteen hundred and ninety-six through nineteen hundred and ninety-nine", inserted by section 18 of said chapter 268, and inserting in place thereof the following:- 1999 to 2000, inclusive.

SECTION 12. Chapter 101 of the acts of 1992 is hereby amended by striking out section 13, as amended by section 20 of said chapter 268, and inserting in place thereof the following section:-

Section 13. Chapter 128C of the General Laws shall expire on December 31, 2000.

SECTION 13. There shall be established a special commission to consist of four members of the senate, four members of the house of representatives and five persons to be appointed by the governor, one of whom shall be the secretary of administration and finance or his designee, one of whom shall be the colonel of state police or his designee, one of whom shall be the chairman of the state racing commission or his designee, one of whom shall be the director of consumer affairs or his designee and one of whom shall be the dean of a veterinary school in the commonwealth, for the purpose of making an investigation and study relative to the horse and dog racing industry in the commonwealth, to make formal recommendations regarding said industry and to file proposed legislation, if any, to effectuate such recommendations relating to the operation, administration, regulation, governance, economics, finances, revenue generation, employment, competitive viability and economic viability and economic impact of said industry in the commonwealth. The chairman of said commission shall be selected by the members thereof. Section 2A of chapter 4 of the General Laws shall not apply to said commission. No member of s commission shall be found in violation of section 6,7 or 23 of chapter 268A of the General Laws for conduct which involves his participation as a member of said commission, if he discloses any financial interest described in said section 6 or 7 or other interest described in said section 23 to the state ethics commission in writing before his participation as a member of said commission. Seven members of the commission shall constitute a quorum and a majority of all members present and voting shall be required for any action voted by said commission including, but not limited to, voting on formal recommendations or proposed legislation.

Said commission, as part of its review, analysis and study, in making such recommendations regarding the operation, administration, regulation, governance, economics, finances, revenue generation, employment, competitive and economic viability and economic impact of the horse and dog racing industry, shall focus on and consider the following issues, proposals and impacts:

(1) the regulation and administration of the racing industry by the commonwealth, including the nature, authority, composition, membership, appointment, operation and staffing of the entity charged on behalf of the commonwealth with the regulation and administration of the industry;

(2) the regulation of the horse and dog racing industry, including a review and analysis of existing regulations and laws;

(3) the economic viability of the racing industry in the commonwealth, including employment, wagering, purses, revenues, taxes and any other revenue generation, both direct and indirect, from the racing industry and from any other industry which either supports or is related to the racing industry in the commonwealth;

(4) the agricultural impacts from the racing industry, including the breeders' program and the enhancement of farms and stables in the commonwealth;

(5) the quality of the dog racing and horse racing in the commonwealth, including a comparison of the quality of racetracks within the commonwealth to the quality of racetracks outside of the commonwealth, and including the competitiveness of races, availability of dogs and horses, the amount of purses and the physical condition of the racetracks;

(6) the amount of purses, including the formula used to determine the amount of such purses and the sources of revenue for such purses;

(7) a comparison of purses between racetracks within the commonwealth and racetracks outside the commonwealth;

(8) the unclaimed wagers or "outs" money, so-called, from live races pursuant to section 5A of chapter 128Asection 5 of chapter 128Cof the General Laws, including the use, the accounting and the holding of such monies;

(9) the consideration of the present commission paid by dog track licensees to the commonwealth pursuant to said section 5 of said chapter 128A;

(10) the consideration of the present commission paid by horse track licensees to the commonwealth pursuant to said section 5 of said chapter 128A;

(11) a consideration of the methods used to generate revenues for the commonwealth from the wagering at racetracks, including criteria or formula used to assess the commission paid pursuant to said chapters 128A and 128C;

(12) the consideration of simulcasting pursuant to said chapter 128C including an expansion of simulcasting for greyhound dog racing meeting licensees and horse racing meeting licensees in all counties of the commonwealth, including Berkshire, Hampden, Bristol, Suffolk and Norfolk counties and for licenses issued in connection with a state or county fair;

(13) the amount of the bond required by racetrack licensees pursuant to section 3 of said chapter 128A;

(14) the establishment of a trust fund to assist in the adoption of greyhounds;

(15) the installation and maintenance of electronic bank branches where wagering is conducted pursuant to said chapter 128A or 128C;

(16) the licensure of pari-mutuel clerks;

(17) the consideration of rules and regulations with regard to account wagering;

(18) the consideration of methods of wagering by telephone or other electronic account wagering;

(19) the impact, if any, of other games of chance, including the lottery, keno and gaming of any other type upon the racing industry in the commonwealth, including such activities within the commonwealth and such activities outside the commonwealth;

(20) the prohibition against harness horse racing to be held at the same time of day as a running horse race meeting pursuant to said section 3 of said chapter 128A;

(21) a review of said chapters 128A and 128C;

(22) the consideration of any other issues, studies, proposals or impacts that, in the judgment of the commission, may be relevant, pertinent or material to the study, analysis and review of said commission; and

(23) a survey of the dog and horse racing industry in the United States including, but not limited to, an analysis and review of the issues addressed in clauses (1) to (22), inclusive, by said commission, as such are material and relevant to the survey.

Said commission shall submit a copy of a final report of its findings resulting from its study, review, analysis and consideration, including legislative recommendations, if any, to the governor, president of the senate, speaker of the house of representatives, the chairmen of the house and senate committees on ways and means, the chairmen of the joint committee on government regulations and the chairmen of the joint committee on commerce and labor and shall file the report with the clerk of the house of representatives on or before December 31, 2000. Any department, division, commission, public body, authority, board, bureau or agency of the commonwealth shall cooperate with the commission for the purpose of providing information or professional expertise and skill relevant to the racing industry in the commonwealth.

Approved December 22, 1999.