Session Law

2001

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Chapter 139 AN ACT PROVIDING FOR IMPROVEMENTS TO THE HORSE AND GREYHOUND RACING INDUSTRY IN THE COMMONWEALTH AND THE REGULATION THEREOF.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to extend forthwith the provisions governing simulcasting and to provide certain other relief to the racing industry, 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 48 of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

The state racing commission shall include in its annual report filed with the general court the following information with respect to the previous calendar year: statements of monies deposited in the Running Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each established under section 11 of chapter 494 of the acts of 1978, the Harness Horse Capital Improvements Trust Fund and the Harness Horse Promotional Trust Fund, each established under section 12 of said chapter 494, and the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established under section 12A of said chapter 494, together with a detailed account of monies disbursed from the funds, the specific capital improvements and promotions for which the disbursements were intended, and a report on which of the improvements and promotions have been accomplished; a statement of racing dates awarded to licensees, including those awarded in connection with a state or county fair; and a statement of the total amounts wagered at each race track, together with the monies paid to the commonwealth and the commission, purses paid to horse and greyhound owners and monies retained by each licensee, together with a statement of the net profit of each licensee taken from the financial statements filed under section 6 of chapter 128A. Copies of the report shall be transmitted to the governor, the president of the senate, the speaker of the house of representatives, the chairmen of the house and senate committees on ways and means, the joint committee on government regulations and the joint committee on taxation.

SECTION 2. Chapter 10 of the General Laws is hereby amended by adding the following 2 sections:-

Section 64. There is established a retired greyhound care and adoption council, hereinafter referred to as the council, which shall be comprised of the following: the commissioner of food and agriculture or his designee, the president or executive director of the Massachusetts Veterinary Medical Association or his designee, the director of the Animal Rescue League of Boston or his designee, the director of the Massachusetts Society for the Prevention of Cruelty of Animals or his designee and the executive director of a Massachusetts greyhound rescue organization that is not affiliated with a person, corporation, partnership, trust or any combination of the same or other entity which owns, operates or holds an interest in a race track or other facility which operates pari-mutuel racing of greyhounds or is licensed to operate such a facility pursuant to section 3 of chapter 128A, the chairman of the state racing commission or his designee, the president of the greyhound racing meeting licensee located in Suffolk county or his designee and the president of the greyhound racing meeting licensees located in Bristol county or his designee; provided, however, that for the purposes of this section, the greyhound racing meeting licensees located in Bristol county shall be treated as 1 licensee, and a designee of the president of the Massachusetts AFL-CIO from a list submitted by the labor organizations who represent employees at the greyhound race tracks in Suffolk and Bristol counties; provided, however, that no member appointed by the President of the AFL-CIO may serve for more than 2 consecutive years. The commissioner of food and agriculture or his designee shall be designated as the chairman of the council. The members shall serve without compensation, shall elect a vice chairman annually by a majority vote and shall establish internal operational rules by a majority vote.

For the purposes of this section and section 65, "retired greyhound" shall mean a greyhound dog that is bred for racing in Massachusetts and has never qualified for pari-mutuel races, or that is bred for racing, has qualified for no fewer than 100 pari-mutuel races in Massachusetts and has reached the end of its racing career.

The council shall adopt rules and regulations for the disbursement of the trust fund established by section 65 to encourage and assist in the adoption of greyhounds; provided, however, that the regulations shall, at a minimum, provide for educational tools to assist persons interested in adoption to ensure appropriate transition from racing to domestication for the greyhounds and shall provide a list of veterinarians with experience in the care and treatment of racing greyhounds. The council may expend monies from the fund for the costs of adoption of greyhounds bred for racing that never qualified for pari-mutuel races or of racing greyhounds that have reached the end of their racing career. The commissioner of food and agriculture or his designee shall be authorized to appropriate monies from the trust fund established by said section 65 to pay the administrative costs of the council, including such administrative staff as the council deems necessary by a 2/3 vote. The council shall employ no more than 2 persons.

The council shall authorize no expenditure pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or other entity which owns, operates or holds any interest in any race track or other facility which operates pari-mutuel racing of greyhounds, or is licensed to operate such a facility pursuant to section 3 of chapter 128A. The council shall authorize no expenditure to any entity that either promotes or opposes dog racing or has either promoted or opposed dog racing in the past.

The council shall provide an annual report, which shall include, but not be limited to, expenditures and distribution of funds, the purpose of expenditures and distributions, the amount of funds unspent, the number of greyhounds assisted and a budget proposal for the next fiscal cycle, to the governor, the state treasurer, the house and senate committees on ways and means, the joint committee on government regulations and the joint committee on taxation.

Section 65. There shall be established and set up on the books of the commonwealth a separate fund known as the Greyhound Adoption Trust Fund which shall not be subject to further appropriation. The state treasurer, ex officio, shall be the custodian of the trust fund and shall receive, deposit and invest all monies received (1) under the provisions of section 5 of chapter 128A; (2) from public and private sources as gifts, grants and donations to further retired greyhound care and adoption; and (3) in interest earned by the fund. Any amount of the fund unexpended as of December 31 of each year shall be distributed by the state racing commission for the exclusive purpose of improving the living conditions of greyhounds at kennels that house racing greyhounds in Massachusetts. The state racing commission shall promulgate rules and regulations for the distribution of such funds as a grant program. Each kennel receiving any such assistance shall provide an annual report that complies with requirements to be established by the state racing commission. Such annual report shall include, but not be limited to, expenditures and distribution of funds, the purpose of the expenditures and distributions and the amount of funds unspent, and shall be submitted to the racing commission.

SECTION 3. Section 2 of chapter 128 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out subsection (j) and inserting in place thereof the following subsection:-

(j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing commission shall, from time to time in consultation with the chairman of the racing commission and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse.

The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility.

The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements:

(1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or

(2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth;

(3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture.

Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth.

The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.

The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.

SECTION 4. Section 1 of chapter 128A of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Racing meeting" the following 2 definitions:-

"Breaks", in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered.

"Commission", the state racing commission.

SECTION 5. Said section 1 of said chapter 128A, as so appearing, is hereby further amended by inserting after the word "held", in line 12, the following words:- ; provided, however, that each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall conduct the racing meeting on a race track with a racing strip of not less than 1 mile.

SECTION 6. Said section 1 of said chapter 128A, as so appearing, is hereby further amended by inserting after the definition of "Race track" the following definition:-

"Rebate", money returned, which was not the result of winning a prize from the wagered competition pursuant to this chapter and chapter 128C, to a bettor by a racing meeting licensee based on a percentage of his wager.

SECTION 7. Section 2 of said chapter 128A, as so appearing, is hereby amended by striking out, in line 3, the words ", hereinafter called the commission,".

SECTION 8. The third paragraph of section 3 of said chapter 128A, as so appearing, is hereby amended by striking out clauses (a) to (q), inclusive, and inserting in place thereof the following 17 clauses:-

(a) No license shall be issued for more than an aggregate of 200 days in any 1 year at all running horse racing meetings combined, not including running horse racing meetings held in connection with state or county fairs; provided, however, that up to 200 days may be awarded in Suffolk county only.

(b) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all harness horse racing meetings combined, including harness horse racing meetings at state or county fairs; provided, however, that up to 200 days may be awarded in Norfolk county only.

(c) No license shall be issued for more than an aggregate of 1,190 racing days in any 1 year at all dog racing meetings combined, excluding dog racing meetings conducted at a race track owned and operated by a state or county fair in Essex county; provided, however, that 210 days may be awarded only for racing in Hampden county during the period between April 15 and October 21, and 520 of the remaining days may be awarded only in Bristol county; provided, further, that the remaining 460 days may be awarded only in Suffolk county; provided, further, that up to 60 additional days may, in the discretion of the commission, be awarded only in Suffolk county; provided, further, that, in addition to the total number of racing days provided above, the commission may issue a license for an additional 60 days of racing in Bristol county.

(d) Licenses shall permit racing meetings only between the hours of 10:00 a.m. and 12:00 midnight. The commission shall grant authorized dates at such times that are consistent with the best interests of racing and the public; provided, however, that dates for racing meetings held in connection with a state or county fair may only be awarded during the period between June 15 and October 15. The commission may, in its discretion, on written application from a racing licensee made at least 7 days prior to the date of any proposed change of time stated in the racing license and without necessity for further public hearing, change the hours of conducting such racing meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license; provided, however, that, if by reason of state or national emergency, night illumination is forbidden by public authority, then the commission may, in its discretion, issue a license to permit racing at such hours as the commission shall determine between the hours of 10:00 a.m. and 12:00 midnight. For the purpose of imposing the fee provided for in section 4, computing the sums payable to the commission pursuant to section 5 and counting the number of days authorized by clauses (a), (b) and (c), any racing meeting held after 7:00 p.m. on the same day on which a racing meeting is held at the same race track prior to 7:00 p.m. shall be considered a separate day of racing.

(e) No license shall be issued to permit running horse racing meetings to be held or conducted, except in connection with a state or county fair, at the same time of day at more than 1 race track within the commonwealth unless the race tracks are more than 75 miles apart; provided that, no license shall be issued to permit a running horse racing meeting to be held at a racing strip of less than 1 mile, except for a racing meeting in connection with a state or county fair; provided, however, that, in no case, shall more than 2 licenses be issued for meetings to be held or conducted at the same time of day.

(f) No license shall be issued to permit harness horse racing meetings to be held or conducted, except in connection with a state or county fair, at the same time of day at more than 1 race track within the commonwealth unless the race tracks are more than 75 miles apart; provided, however, that, in no case, shall more than 2 licenses be issued for meetings to be held or conducted at the same time of day.

(g) No licenses shall be issued to permit dog racing meetings to be held or conducted at more than 4 race tracks within the commonwealth, excluding dog racing meetings held in connection with a state or county fair at a race track owned and operated by the fair, nor at any location where racing has not been conducted for at least 5 years prior to November 15, 2001 and where the surrounding property is substantially of a residential character, as determined or defined by a zoning ordinance or by-law, if any, controlling such location; provided, however, that 1 license may be issued only for racing in Hampden county; provided, further, that any license issued in Bristol county shall require that racing be held or conducted at a single location which has winterized spectator areas and which has a heated racing surface, if the applicants for the licenses agree that races shall be held or conducted at a single location.

(h) No license shall be issued to any person who is in any way in default, under the provisions of this chapter, in the performance of any obligation or in the payment of any debt to the commission; provided, however, that no license shall be issued to any person who has, within 10 years of the time of filing the application for the license, been convicted of violating section 5.

(i) In granting authorized dates under this section, the commission shall take into consideration, in addition to any other appropriate and pertinent factors, the following: the financial ability of an applicant to operate a race track; the maximization of state revenues; the suitability of racing facilities for operation at the time of the year for which dates are assigned; the circumstance that large groups of spectators require safe and convenient facilities; the interest of members of the public in racing competition honestly managed and of good quality; the necessity of having and maintaining proper physical facilities for racing meetings and the necessity of according fair treatment to the economic interest and investments of those who in good faith have provided and maintain such facilities. Notwithstanding the foregoing provisions of this section, the racing commission shall have the right to review and reconsider without further notice or public hearing any application made prior to October 1 for which racing dates have been requested for the following year; provided that the application has had a public hearing prior to November 15; and provided, further, that any applicant who has been denied these racing dates makes a written request for review and reconsideration within 90 days of receiving notice of the denial; and provided further, that the commission shall reconsider and review the request within 180 days of the denial.

(j) No licenses shall be issued to permit dog racing meetings to be held or conducted, except in connection with a state or county fair, at the same time at more than 1 race track within the same county or within 25 miles of another dog race track, nor at any time at more than 4 race tracks within the commonwealth, nor at a dog race track having a racing strip of less than 3/16 of a mile for outdoor tracks and 1/5 of a mile for indoor tracks.

(k) No license shall be transferable, except with the approval of the commission.

(l) No license shall be issued to permit horse or dog racing meetings to be held on premises owned by the commonwealth or any political subdivision thereof.

(m) No license shall be issued to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture if the racing meeting is to be conducted at a race track located outside the county, or any county bordering thereon, where the licensee conducted its fair prior to December 31, 1961.

(n) No license shall be issued to any person to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture under the reduced license fee provided in section 4, unless the applicant shall first satisfy the commission that the main purpose of the fair or exhibition is the encouragement or extension of agriculture and that the same constitutes a bona fide exhibition of that character. No license shall be issued to a person to hold or conduct a horse or dog racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture for more than 15 days in a calendar year.

(o) No license shall be issued unless the person applying therefor shall have executed and delivered to the commission a bond payable to the commission in the amount of $125,000 with a surety or sureties approved by the commission conditioned upon the payment of all sums which may become payable to the commission under this chapter; provided, however, that the amount of such bond, in the case of any person holding or conducting a racing meeting in connection with a state or county fair, shall be $25,000.

(p) Every license shall be recorded in the office of the clerk of the city or town in which the racing meeting is held or conducted at a time not less than 5 days before the first day of the meeting or forthwith upon the issuance of the license if the same shall be issued after that time. After the license is so recorded, a duly certified copy thereof shall forthwith be conspicuously displayed and shall be kept so displayed continuously during the racing meeting in the principal business office at the race track where the meeting is held and at all reasonable times shall be exhibited to any person requesting to see the same.

(q) Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.

SECTION 8A. Said section 3 of said chapter 128A, as so appearing, is hereby further amended by striking out the fourth, fifth, sixth and seventh paragraphs.

SECTION 9. Said chapter 128A is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. (a) Before holding or conducting a racing meeting, every licensee shall provide a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses or dogs performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upon such races so conducted shall not under any circumstances be held or construed to be unlawful, notwithstanding any general or special law to the contrary. Such place or places shall be equipped with automatic betting machines capable of accurate and speedy determination of awards or dividends to winning patrons, and all such awards or dividends shall be calculated by a totalisator machine or like machine, except at state or county fairs.

(b) No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except horse and dog races at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to wagering authorized pursuant to chapter 128C nor to account wagering authorized pursuant to section 5C.

(c) Each licensee conducting a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Each licensee shall:-

(1) pay to the commission on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;

(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;

(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C;

(4) pay into a trust fund known as the Running Horse Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 0.25 per cent to be paid from the 19 per cent and 26 per cent withheld from the total amount wagered by patrons so wagering;

(5) pay the total sum of the breaks annually into the trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of said trust;

(6) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.

Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (6), inclusive.

(d) Each licensee conducting a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 harness horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each such licensee, including a licensee holding a harness horse racing meeting in connection with a state or county fair, shall:

(1) pay to the commission on the day following each day of such harness horse racing meeting, excluding races conducted in connection with a state or county fair, a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent withheld from the straight wagers or 26 per cent withheld from the exotic wagers as provided pursuant to this section;

(2) pay to the Massachusetts Standardbred Breeders program established pursuant to subsection (j) of section 2 of chapter 128, on the day following each day of the harness horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld from the straight wagers and a sum equal to 1.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from the exotic wagers; the monies to be used for the purposes of said subsection (j) of said section 2 of said chapter 128;

(3) allocate from the total amount deposited daily by the patrons wagering at such meeting a sum equal to 8 per cent from the 19 per cent withheld and a sum equal to 10 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting harness horse racing meetings; the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C;

(4) pay into a trust fund known as the Harness Horse Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 1 per cent to be paid from the 26 per cent withheld from the total amount wagered by patrons so wagering on exotic races; and

(5) pay the total sum of the breaks and a sum equal to 1 per cent of the total amount of the exotic wagers into the trust fund known as the Harness Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust.

Each licensee may retain as its commission on the total of all sums deposited, a sum not exceeding the balance of the 19 per cent withheld from the straight wagers or the 26 per cent withheld from the exotic wagers as provided in this section less the amounts required to be paid pursuant to clauses (1) to (5), inclusive.

(e) Notwithstanding any general or special law to the contrary, each licensee conducting a greyhound racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 or more greyhounds in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and an amount not to exceed 19 per cent of the total amount deposited by patrons wagering on the speed or ability of any 1 greyhound, also known as a straight wager, and an amount not to exceed 26 per cent of the total amount deposited by patrons wagering on the speed or ability of a combination of more than 1 greyhound in a single pool, also known as an exotic wager. Each licensee, other than a licensee holding a racing meeting in connection with a state or county fair, shall:-

(1) pay to the state racing commission, on the day following each day of such greyhound racing meeting, a sum equal to 5 per cent to be taken from the 19 per cent withheld from the straight wagers and a sum equal to 5 per cent to be taken from the 26 per cent withheld from the exotic wagers; provided, however, that a sum equal to 0.1 per cent of the total amount deposited by patrons wagering on the speed or ability of greyhounds at pari-mutuel greyhound tracks, not to exceed $300,000 per annum, less the breaks, shall be taken from the 5 per cent paid daily to the commission pursuant to this clause and shall, subject to appropriation, be allocated to the Massachusetts greyhound breeding program established pursuant to subsection (i) of section 2 of chapter 128;

(2) allocate from the total amount deposited daily by the patrons wagering at a meeting a sum equal to 5 per cent from the 19 per cent withheld from the straight wagers and a sum equal to 5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to greyhound owners in accordance with the rules and established customs of conducting greyhound racing meetings, and in addition to any monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 128C; provided, however, that the licensee may allocate an additional sum, as negotiated by said licensee and approved by the racing commission, of the take-out exceeding 19 per cent; provided, further, that each such licensee shall retain the total sum of the breaks.

(3) pay daily into a trust fund known as the Greyhound Promotional Trust Fund, under the direction and supervision of the state racing commissioners as they are individuals as trustees of the trust, a sum equal to 0.5 per cent from the 19 per cent withheld from the straight wagers and a sum equal to 0.5 per cent from the 26 per cent withheld from the exotic wagers; and

(4) pay a sum equal to 0.5 per cent of the total amount wagered by patrons so wagering on straight and exotic wagers to the Greyhound Adoption Trust Fund established under section 65 of chapter 10.

Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (4) inclusive. Notwithstanding any of the foregoing to the contrary, once a licensee has reached the level of the total amount wagered during calendar year 1985, the licensee shall retain daily as its commission a sum not exceeding the balance of the 19 or 26 per cent withheld, as provided in this subsection, from the total amount wagered daily in the current year less the amounts so required to be paid pursuant to said clauses (1) to (4) inclusive.

(f) Each licensee conducting a running horse racing meeting in connection with a state or county fair shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse. Each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each licensee shall:

(1) pay to the state racing commission on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons wagering at the meeting, the percentage to be paid from the 19 per cent and 26 per cent withheld, as provided pursuant to this section, from the total amount wagered on straight wagers and exotic wagers, respectively;

(2) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8 per cent from each of the respective 19 per cent withheld and 26 per cent withheld as provided in this subsection to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs for the conduct of running horse racing meetings; and

(3) pay a sum equal to 1 per cent of the total handle at the end of its racing schedule to the Massachusetts Thoroughbred Breeders Association, Inc.; provided, however, that the Association shall utilize the monies to develop a program to support horse racing at agricultural fairs including, but not limited to, owners' and breeders' awards for Massachusetts-bred thoroughbreds and provisions to supplement the purses of races or to provide the entire purse for the Massachusetts-bred thoroughbred races.

Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid pursuant to clauses (1) to (3), inclusive.

(g) The state racing commissioners, as they are individuals, shall serve as trustees for the Running Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each established pursuant to section 11 of chapter 494 of the acts of 1978, 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 the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established pursuant to section 12A of said chapter 494.

The trustees may expend without appropriation all or any part of the capital improvement trust funds to the appropriate track licensee in proportion to the amount deposited in each said fund by the track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by the licensee and used by it for the conduct of racing, but not for the cost of maintenance or of other ordinary operations, whether the costs have been incurred or not. The trustees may expend without appropriation all or any part of the promotional trust funds to the appropriate track licensee in proportion to the amount deposited in each fund by the track licensee for use in promotional marketing, to reduce the costs of admission, programs, parking and concessions and to offer other entertainment and giveaways. The trustees may expend to a licensee all amounts accumulated in the trust funds which are attributable to racing operations conducted at each applicable track.

The trustees may prescribe terms and conditions for the grants and may designate specific capital improvements or promotions to be undertaken by a licensee; provided, however, that, prior to approving any expenditures from the funds for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific promotions and capital improvements contemplated by the licensee and shall formally vote to permit the expenditures; provided, further, that, under no circumstances, shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of racing or for the raising of handles and attendance; and provided further, that the terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. The licensee shall comply with all applicable provisions of chapter 149 unless the commission waives such compliance in writing for cause.

No expenditure for capital improvements or for promotions shall be approved by the trustees if the improvements or promotions are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds an interest in any race track in the commonwealth.

The trustees shall hire the services of architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate proposed capital improvement and promotional projects submitted to them for their approval.

Nothing in this section shall preclude a track licensee from making capital improvements or undertaking promotional operations not funded in whole or in part from those funds; provided, however, that all sums approved by the trustees under this section shall be expended in their entirety for capital improvements or for promotions; provided, further, that any revision by the licensee in the making of capital improvements or in promotional plans as provided in this section shall require separate written approval by the trustees therefor. All financial statements required under section 6 shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made and the promotions completed with funds obtained under this section and further certifying that the expenditures are treated as capital expenditures and promotional expenditures in the accompanying financial statement.

The trustees shall require from each track licensee vouchers, cancelled checks or such other documents as the trustees deem necessary to verify that the expenditures from the funds were carried out in accordance with the provisions of this section.

If any of the trust funds remain dormant for a period of 36 months, any unexpended balance in such trust fund shall be paid to the General Fund.

(h) All pari-mutuel taxes paid to the commission pursuant to this section, together with all pari-mutuel taxes paid to the commission pursuant to section 2 of chapter 128C, and all assessments, association licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues, other than unclaimed wagers, paid to the commission shall be deposited in a separate account under the control and supervision of the commission. The amount of pari-mutuel taxes and other revenues, except for the unclaimed wagers, credited during any calendar year to all racing licensees shall be expended in the following order of priority and for the purposes specified:-

(1) To provide and pay local aid to the licensees' respective host communities under section 18D of chapter 58.

(2) To set aside an amount to fund the annual budget of the state racing commission and this amount shall go to the General Fund.

(3) To pay any amount specifically funded from racing revenues under any general or special law.

(4) To pay: $80,000 annually to an organization, as determined by the commission, which provide health, medical, food, substance abuse treatment and other social services for persons who are employed in the stable or the backstretch area of the running horse racing licensee located in Suffolk county; $20,000 annually to the commission, which is authorized and directed to establish rules and regulations for the purpose of using these monies to provide economic assistance to any person employed in the racing facility, the stable or the backstretch area of the running horse racing licensee located in Suffolk county who is facing hardship due to illness or unforeseen tragedy; and $65,000 annually to an organization, as determined by the commission, that represent the majority of jockeys who are licensed by the commission and regularly ride in the commonwealth for the purpose of providing health and other welfare benefits to active, disabled or retired jockeys; and provided further, that any organization receiving an allocation from any of the said amounts shall make an annual report with the joint committee on government regulations and the house and senate committees on ways and means detailing its expenditures from said allocations.

(5) To pay: $35,000 annually from the running horse racing licensee's pari-mutual taxes, $35,000 annually from the harness horse racing meeting licensee's pari-mutual taxes and $20,000 annually from each of the greyhound racing meeting licensees' pari-mutual taxes to a compulsive gambling organization, as determined by the department of public health.

(6) To pay the remaining revenues credited during any calendar year to all racing licensees, up to but not exceeding $4,500,000, to the purse accounts of the licensees; provided further, that any remaining revenues in excess of $4,500,000 shall be deposited in the General Fund. The amount credited to each licensee shall be based on a formula established by the commission and, in no instance, shall the amount paid to the purse account of each licensee be less than $400,000 unless the commission collects insufficient funds to make such minimum payment to all licensees. Racing meeting licenses that are permitted to simulcast pursuant to section 2 of chapter 128C shall be eligible for purse assistance under this subsection. For the purposes of this subsection, the licensees from Bristol county shall be considered a single licensee. With respect to the remainder of the account, the commission shall promulgate regulations regarding the distribution of the funds; provided, however, that, in establishing the accounts, the commission shall consider all pertinent factors including, but not limited to: (i) the relative needs for increased purses of each licensee; (ii) the number of live racing days conducted by each licensee; (iii) the amount of the live racing handle of each licensee; (iv) the total amount of employment, both direct and indirect, attributable to each licensee; (v) each licensee's total payroll; (vi) capital investments made by each licensee; (vii) the amount of tax revenue and other revenues payable to the commonwealth produced by each licensee; (viii) and total pari-mutual tax revenue generated and payable to the commonwealth produced by each license. In the event that a portion of the funds is not deposited into purse accounts through the method of the minimum amount or through the formula of pertinent factors and is not otherwise expended or allocated pursuant to the provisions of this clause, that portion of funds shall be deposited into the General Fund unless otherwise specified by a general or special law. The commission shall submit the regulations for the distribution of the purse accounts to the house and senate chairman of the joint committee on government regulations within 30 days of the promulgation of said regulations. The commission may, in any case it deems appropriate, conduct an audit of any purse accounts and shall report the findings of the audit within 30 days of the conclusion thereof to the house and senate chairmen of the joint committee on government regulations.

(i) No action to recover winnings upon a wager made under this chapter or chapter 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made and no winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of the action. Within 90 days of December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time herein limited shall be deposited with the commission. 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.

(j) Three and a half per cent of all purses at all running horse racing meeting licensees' tracks in the commonwealth shall be paid to the Massachusetts Thoroughbred Breeders' Association, Inc.

SECTION 10. Said chapter 128A is hereby further amended by striking out section 5A, as so appearing, and inserting in place thereof the following section:-

Section 5A. No action to recover winnings upon a wager made under this chapter or chapter 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made, and no such winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of an action. Within 90 days of said December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time allowed in this section shall be deposited with the commission.

Monies from all unclaimed live wagers made pursuant to this chapter shall be deposited with the commission. Subject to the rules and regulations established by the commission, the commission shall deposit the unclaimed live wagers into the purse accounts of the racing meeting licensees that generated those unclaimed live wagers.

SECTION 11. Said chapter 128A is hereby further amended by inserting after section 5B the following section:-

Section 5C. Notwithstanding section 17A of chapter 271, each person licensed to conduct a running horse, harness horse or dog racing meeting, not including racing meetings held or conducted at a state or county fair, may establish and maintain betting accounts with individuals for use in connection with account wagering on races offered by the licensee, as the licensee is otherwise authorized to accept in accordance with this chapter and chapter 128C, including those fees, payments, commissions and premiums. As used in this section, "account wagering" shall mean a form of pari-mutuel wagering in which an individual may deposit money to an account established through an agreement with a person licensed to conduct a running horse, harness horse or dog racing meeting 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 to the licensee. No individual shall deposit money into an account through the telephone or other electronic media. Only those persons who have established a betting account with a person licensed to conduct a running horse, harness horse or dog racing meeting in accordance with this section shall place bets by telephone or by communication through other electronic media with such licensee. No credit shall be extended to a betting account by a running horse, harness horse or dog racing meeting licensee.

A person licensed to conduct a running horse, harness horse or dog racing meeting, not including racing meetings held or conducted at a state or county fair, shall accept and maintain betting accounts directly, or through an agreement with an authorized and licensed service provider, in the name of a natural person only. The licensee may refuse to establish or maintain a betting account and may refuse deposits to any such account if the licensee deems such refusal appropriate; provided, however, that such licensee shall not establish or maintain a betting account for any person who has been banned or prohibited from entering the premises of a racing meeting licensee in the commonwealth pursuant to section 10A. The licensee may suspend or close any account at any time; provided, however, that the licensee shall return to the account holder any funds that are on deposit in the account at the time it is closed.

The distribution of monies collected from wagers made under this section shall be in compliance with this chapter and chapter 128C.

Each betting account maintained by a person licensed to conduct a running horse, harness horse or dog racing meeting shall contain a minimum balance, the amount of which the commission shall prescribe by regulation.

Each licensee shall, with respect to each betting account established with such licensee, make tax withholdings and provide tax and revenue reporting, all as otherwise required for wagers placed at a racing meeting licensee.

The balance in any betting account maintained by a person licensed to conduct a running horse, harness horse or dog racing meeting, which account has been inactive for a period of 3 years, shall be presumed to be abandoned and paid to the state treasurer pursuant to the provisions of chapter 200A.

No race shall be telecast live to a public location outside of a guest track if used in conjunction with the operation of the account wagering system in a manner that creates an off-track betting center. This section prohibits any contract or other agreement of a person licensed to conduct a running horse, harness horse or dog racing meeting that facilitates or encourages off-track betting as well as any arrangement involving dedicated or direct telephone lines or other electronic connections between the licensee's facility and a public location outside the area of the licensee's facility at which live telecasts of races are presented. This section shall not prohibit television display of races at public locations when account wagering is incidental to the presentation of such races and the telecasting does not occur in conjunction with the operation of an off-track betting center within the commonwealth.

Betting accounts authorized by this section shall be established, maintained and operated in accordance with rules and regulations promulgated by the commission. The commission shall conduct annual audits of each racing meeting licensee within 90 days of the end of each calendar year with respect to all monies attributable to account wagers. The commission shall report the findings of each such audit within 30 days of the completion of the audit to the house and senate chairs of the joint committee on government regulations.

A licensee failing to comply with this section shall be punished by a fine of not more than $10,000 or by imprisonment in the house of correction for not more than 2 years, or both. A licensee failing to comply with the requirements of the section shall also be subject to civil penalties imposed by the commission of not more than $10,000 if, after notice and a hearing, the commission finds that a violation has occurred.

No racing meeting licensee shall rebate any money to a bettor based on a wager made under this chapter or chapter 128C. Whoever violates this section shall be subject to a revocation of his license or shall be punished by a fine or not more than $10,000, or both. For the purpose for this section, each day on which a horse or dog racing meeting shall be held or conducted in violation of this chapter shall be considered a separate and distinct offense.

SECTION 12. Section 9 of said chapter 128A, as appearing in the 2000 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:-

The commission shall prescribe rules and regulations under which betting accounts for account wagering, as provided in section 5C, shall be established, maintained and operated.

SECTION 13. Section 9A of said chapter 128A, as so appearing, is hereby amended by inserting after the word "dogs", in line 10, the following words:- and all pari-mutuel clerks and other persons with access to money wagered on races.

SECTION 14. Sections 16 to 31, inclusive of said chapter 128A are hereby repealed.

SECTION 15. Section 1 of chapter 128C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting before the definition of "Commission" the following 2 definitions:-

"Breaks", in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered. In the case of racing meetings conducted at a host track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the host track is located.

"Bridge signal", an entire racing card from a single running horse racing meeting located in the state of Arizona, California, Oregon, Texas or Washington.

SECTION 16. Said section 1 of said chapter 128C, as so appearing, is hereby further amended by inserting after the definition of "Inter-track simulcasting" the following definition:-

"Premium", the amount paid to a racing meeting licensee in addition to the host track fee.

SECTION 17. Said section 1 of said chapter 128C, as so appearing, is hereby further amended by inserting after the definition of "Racing card" the following definition:-

"Racing day", a day on which 1 or more racing performances are conducted.

SECTION 18. Said chapter 128C is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. A racing meeting licensee, except a licensee operating within Berkshire county, shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right may be exercised only on any calendar day on which the licensee conducts a racing performance, a dark day, or during a dark season. Any violation of this chapter shall be cause for the commission to suspend or revoke a license pursuant to section 11 of chapter 128A. The right to simulcast is subject to the following exceptions and conditions, and each racing meeting licensee shall obtain prior approval from the commission:-

(1) The greyhound dog racing meeting licensee located in Suffolk county shall have the right to simulcast: (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.m., plus the entire racing cards from any 2 running horse racing meetings in the state of California; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 3 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound racing licensee located in Suffolk county may also simulcast, commencing at 6:00 p.m., running horse racing meetings conducted at race tracks located in the Asian-Pacific-Rim region, so-called, that are not located in a territory of the United States; provided, however, that, with respect to such racing meetings only, such simulcasting rights shall extend until the completion of any such racing meeting being simulcast. The greyhound racing licensee located in Suffolk county shall pay to the running horse racing meeting licensee located in Suffolk county a 6 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to simulcasts of the 2 California racing cards for which a premium of 7 per cent shall be paid, and except with respect to the special events, so-called, for which no premium need be paid.

(2) The greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.m., plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee's live races during its racing season and 2 so-called companion cards; and 2 interstate running horse simulcasts prior to 4:00 p.m. on any day during the dark season of the Suffolk county running horse racing meeting; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 6 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound dog racing meeting licensee shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for the intrastate running horse simulcasts and shall pay a 3 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid.

(3) In addition to the rights granted in subparagraphs (1) and (2), the greyhound dog racing meeting licensee located in Suffolk county and the greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast 15 running horse special events, so-called, through the simulcast hub of the running horse racing meeting licensee located in Suffolk county without paying the premiums required in subparagraphs (1) and (2); provided, further, that said greyhound dog racing meeting licensees shall receive the simulcasts on the same terms as other racing meeting licensees or no Massachusetts racing meeting licensee shall be authorized to simulcast such special events.

(4) The harness horse racing meeting licensee located in Norfolk county shall have the right to simulcast (a) unlimited harness horse racing; (b) on any day during the calendar year, unlimited running horse racing, except during the live racing performances of the running horse racing meeting licensee located in Suffolk county; plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee's live races during its racing season and 2 companion cards; and (c) a total of 4 greyhound racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner all racing cards from the greyhound racing meeting licensee located in Bristol county and the greyhound racing meeting licensee located in Suffolk county and pay therefor a fee at the rate of 11 per cent to each greyhound racing meeting licensee and (ii) simulcast up to 2 interstate greyhound dog racing cards and pay to the greyhound dog racing meeting licensee located in Bristol county a 3 per cent premium with respect to any interstate greyhound dog simulcasts received, over and above the costs of obtaining such simulcasts. The harness horse racing meeting licensee located in Norfolk county shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for its intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid, and except during any 12 weeks per year chosen by the Norfolk county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid.

(5) The running horse racing meeting licensee located in Suffolk county may simulcast: (a) unlimited running horse racing; (b) on any day during the calendar year, unlimited harness horse racing, except during live racing performances of the harness horse racing licensee located in Norfolk county; and (c) on any day during the calendar year prior to 5:30 p.m., a total of 4 greyhound racing performances, including the racing performance of the Bristol county greyhound racing licensee, when available within the authorized time, which shall be mandatory, and shall pay a fee of 3 per cent for the racing performances to the Bristol county greyhound racing licensee, and 3 interstate greyhound dog racing simulcasts. The Suffolk county horse racing licensee shall simulcast the racing cards of the harness horse racing licensee located in Norfolk county and shall pay a fee of 11 per cent for the intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate harness horse simulcasts received, over and above the costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid. The running horse racing meeting licensee located in Suffolk county shall pay to the greyhound dog racing meeting licensee located in Suffolk county an 8 per cent premium with respect to any intrastate or interstate greyhound dog simulcasts received, over and above the cost of obtaining such simulcasts.

All premiums received by a running horse racing meeting licensee, harness horse racing meeting licensee or greyhound racing meeting licensee pursuant to this section shall be paid into the purse accounts of the horsemen or dogmen, respectively, at the race track licensee where the premiums were received and paid to the horsemen or dogmen as purses; provided, however, that the premiums shall be in addition to all other amounts required to be paid into purses in accordance with chapter 128A and chapter 128C. Each race track licensee shall file with the commission, within 90 days of the end of each calendar year, an accounting of the use and disbursement during such calendar year of any and all premiums paid into such purse accounts. The commission is authorized, in any case it deems appropriate, to conduct an audit of any such purse accounts and shall report the findings of any such audit within 30 days of the conclusion thereof to the house and senate chairs of the joint committee on government regulations.

All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes, shall file with the commission, the clerk of the senate and the clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.

No racing meeting licensee, whether acting as a guest track or host track, shall simulcast live races unless the licensee conducts a full schedule of live racing performances during a racing season except that, if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting and, if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until the licensee conducts or resumes a full schedule of live racing performances; provided, however, that no racing meeting licensee shall simulcast live races in any racing season unless each racing meeting licensee, with the exception of the harness horse racing licensee in Norfolk county, in each of those racing seasons is licensed to and actually conducts not less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that it conducts at least 1,100 live harness horse races over the course of no fewer than 100 calendar days during that racing season with no fewer than 7 races completed on any of those 100 calendar days.

All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, 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. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; 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.

Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between the periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter 128A. No other daily fees shall be assessed.

Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within 100 miles of the host track shall pay to the representative breeders' association of the same class as is simulcast, a sum equal to 0.25 per cent of the total amount wagered at the receiving wagering facility.

SECTION 19. Said chapter 128C is hereby further amended by inserting after section 2 the following section:-

Section 2A. Notwithstanding section 2, the running horse racing meeting licensee in Plymouth county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of the city or town where the fair is located, and following a demonstration by the licensee of its ability to complete not less than 50 per cent of the live racing performances approved by the commission, simulcast unlimited interstate thoroughbred horse races except for the bridge signal and the intrastate live races of the racing meeting licensees in the commonwealth on (i) each Sunday, Tuesday, Thursday, and Saturday during the live racing performances only, but any simulcast signal commenced during a live racing performance shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card, and, in addition, on (ii) July 3 and 4 in any calendar year when they fall on a day of the week other than said specified days and a live racing performance is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee in Plymouth county shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2.

Notwithstanding section 2, a running horse racing meeting licensee, excluding the licensees in Plymouth county and Berkshire county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of a city or town where the fair is located, and following a demonstration by said licensee of its ability to complete no less than 50 per cent of the live races performances approved by the commission, simulcast unlimited thoroughbred horse races and the intrastate live races of the racing meeting licensees in the commonwealth on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth except in Berkshire county; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the commission for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; provided, however, that said simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2.

The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks into the host track trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners.

The racing commission shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.

Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any 1 running horse, also known as a straight wager, and, each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided, however, that a sum equal to 0.25 per cent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided, further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal year.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 3/8 of 1 per cent; a sum equal to 1/8 of 1 per cent to the host Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.5 per cent to the breeders' association of the most recent live racing performance at the host track for the purposes of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs of conducting running horse racing meetings.

The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; and 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the host track, for purses, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to 0.5 per cent of the exotic wagering pool into the host trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse, also known as a straight wager, and each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed 26 per cent of the total amounts so deposited.

The licensee shall pay to the commission on behalf of the commonwealth the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.25 per cent to the breeders' association of the most recent live performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 5 7/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses; said percentages shall be paid from the 19 per cent withheld from the straight wagers as provided in this section.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.5 per cent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.75 per cent to the breeders' association of the most recent live racing performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 6 7/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks, and less an amount not to exceed 19 per cent of the total amount so deposited; provided, however, that a sum equal to 2.5 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 4.25 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 9.25 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the dog owners for purses, said percentages shall be paid from the 19 per cent withheld from the straight wagers as provided in this section.

The greyhound racing meeting licensees shall retain the total sum of the breaks.

The licensees shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 2.5 per cent of the total amount wagered; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 8.5 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 8.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the dog owners for purses; said percentages shall be paid from the 26 per cent withheld as provided in this section.

All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, 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. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.

SECTION 20. Said chapter 128C is hereby further amended by inserting after section 3 the following section:-

Section 3A. The unclaimed simulcast wagers collected by the running horse racing meeting licensee, the harness horse racing meeting licensee and the greyhound racing meeting licensees shall be deposited in a separate account under the control and supervision of the commission for payment to the purse accounts of the licensees that generated the unclaimed wagers.

SECTION 21. Section 4 of said chapter 128C, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words ", as defined in section five of chapter one hundred and twenty-eight A,".

SECTION 22. Said section 4 of said chapter 128C, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 1/8 per cent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided further, that the running horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at that race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners. If a new running horse racing meeting licensee should replace the existing running horse meeting licensee during any point in a calendar year and a new contract is not agreed upon between the new running horse meeting licensee and the horseman's association before the start of the next racing season, then the last signed, executed and completed contract between the previous running horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon.

SECTION 23. Section 5 of said chapter 128C, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words ", as defined in section five of chapter one hundred and twenty-eight A,".

SECTION 24. Said section 5 of said chapter 128C, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 0.5 per cent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.5 per cent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of 0.25 per cent of the straight wagering pool and 0.75 per cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners. If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman's association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon.

SECTION 25. Said chapter 128C is hereby further amended by inserting after section 5 the following section:-

Section 5A. No action to recover winnings upon a wager made under this chapter after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made and no winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of the action. Within 90 days of December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time herein limited shall be deposited with the commission. 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.

SECTION 26. Section 6 of said chapter 128C, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words ", as defined in section five of chapter one hundred and twenty-eight A,".

SECTION 27. Said chapter 128C is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following 3 sections:-

Section 7. No owner, trainer or kennel operator shall cause or permit any racing or retired greyhound to be put to death until reasonable efforts by such owner, trainer, or kennel operator to place such greyhound for adoption with a responsible person or entity have been exhausted. No racing or retired greyhound shall be put to death except in a humane manner. For purposes of this section, the words "in a humane manner" shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Medical Association.

The commission shall adopt regulations governing the disposition of all racing greyhounds. For the purposes of this section and said regulations, the word "disposition" shall mean euthanasia, transfer to another jurisdiction, adoption, or donation or sale for medical research or other purpose. The commission shall maintain accurate records and statistics regarding the disposition of all greyhounds that have participated in dog racing, including schooling races, in the commonwealth. Such records shall include the following information:-

(1) the greyhound's registered name and left and right ear tattoos, the name and address of the greyhound's owner, trainer, and kennel operator at the time of disposition, and the name and address of the race track where the greyhound last raced prior to disposition;

(2) if the greyhound has been transferred to another race track, the name and address of the race track that received the greyhound and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving race track;

(3) if the greyhound has been retired for breeding, the name and address of the facility that received the greyhound and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving facility;

(4) if the greyhound has been adopted or placed for adoption, the name, address and telephone number of the person or entity that received the greyhound and, if applicable, the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the adoption facility;

(5) if the greyhound has been euthanized, the name, address, professional title and professional affiliation of the person performing the euthanasia, the manner of euthanasia, and a detailed statement of reasons why the greyhound was euthanized rather than adopted or placed for adoption;

(6) if the greyhound has been sold or donated to an individual, corporation or entity, the name and address of the individual, corporation or entity purchasing or receiving the greyhound, the purpose for which the greyhound is being purchased or received, and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving individual, corporation or entity;

(7) if the greyhound's disposition does not fit into any of the above categories, the owner, trainer or kennel operator must state, in detail, the greyhound's destination, the name, business address, telephone number and driver's license number and state of the person who received the greyhound, and the specific purpose for which the greyhound has been received, sold, transferred or donated.

All disposition forms shall be completed and signed under the pains and penalties of perjury by the greyhound's owner, trainer or kennel operator, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on a disposition form shall be punished by imprisonment for up to 2 years and a fine of up to $2,500, or both such fine and imprisonment. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment.

Section 7A. The racing commission shall adopt regulations governing injuries incurred by racing greyhounds while they are racing in the commonwealth, including schooling races. The commission shall maintain accurate records and statistics regarding the injuries. The records shall include the following:-

(1) the greyhound's registered name and right and left ear tattoo numbers;

(2) the owner, trainer and kennel operator's name, business address and telephone number;

(3) the color, weight, and sex of the greyhound;

(4) where the injury took place on a race track or other area;

(5) if the injury occurred while the greyhound was racing, the race track where the injury occurred, along with the distance, grade, race and post position when the injury occurred; the weather conditions, time, temperature, and track condition when the injury occurred; the specific type of injury, the cause of the injury, the estimated recovery time, and the location of injury on the greyhound.

All injury forms shall be completed and signed under the pains and penalties of perjury by the race track veterinarian, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on an injury form shall be punished by imprisonment for up to 2 years and by a fine of up to $2,500, or both. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment. Disposition and injury records created and maintained under this section shall be maintained by the state racing commission for a period of 7 years and shall be made readily available to the public upon oral or written request.

The department of food and agriculture may certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.

Section 7B. The commission shall adopt regulations governing the humane handling, care, treatment, and transportation of racing greyhounds. The regulations shall include minimum requirements for the handling, housing, feeding, watering, sanitation, ventilation, adequate veterinary care, exercise, and shelter of racing greyhounds, and safety of track surface and banking to prevent injury.

If the commission has reason to believe that any person who is licensed by the commission or who is affiliated with any person, corporation, partnership, trust or any combination of the same or other entity which owns, operates, holds any interest in any race track or other facility which operates pari-mutuel racing of greyhounds, or is licensed to operate such a facility pursuant to section 3 of chapter 128A, violates any provision of this section, or any of the rules or regulations promulgated by the racing commission under this section, the commission may suspend such person's license, and, after notice and opportunity for a hearing, may revoke such license if such violation is determined to have occurred.

SECTION 28. Section 17A of chapter 271 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "year", in line 13, the following words:- ; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A.

SECTION 29. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words, "2000 to 2001, inclusive", inserted by section 4 of chapter 354 of the acts of 2000, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 30. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words, "November 22, 2001", inserted by section 1 of chapter 121 of the acts of 2001, and inserting in place thereof the following:- December 31, 2005.

SECTION 31. Section 13 of said chapter 494 is hereby amended by striking out the words "2000 to 2001, inclusive", inserted by section 6 of chapter 354 of the acts of 2000, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 32. Section 15 of said chapter 494 is hereby amended by striking out the words "2000 to 2001, inclusive", inserted by section 7 of said chapter 354, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 33. Section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words "2000 to 2001, inclusive", inserted by section 8 of said chapter 354, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 34. 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 "2000 to 2001, inclusive," inserted by section 9 of said chapter 354, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 35. The last paragraph of said section 3 of said chapter 114, is hereby amended by striking out the words "November 22, 2001", inserted by section 2 of chapter 121 of the acts of 2001, and inserting in place thereof the following words:- December 31, 2005.

SECTION 36. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out, in the first paragraph, the words "2000 to 2001, inclusive", inserted by section 11 of said chapter 354, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 37. The last paragraph of said section 4 of said chapter 114, is hereby amended by striking out the words "November 22, 2001", inserted by section 3 of chapter 121 of the acts of 2001, and inserting in place thereof the following words:- December 31, 2005.

SECTION 38. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words "2000 to 2001, inclusive", inserted by section 13 of chapter 354 of the acts of 2000, and inserting in place thereof the following words:- 2001 to 2005, inclusive.

SECTION 39. Section 13 of chapter 101 of the acts of 1992 is hereby amended by striking out the words "November 22, 2001", inserted by section 4 of chapter 121 of the acts of 2001, and inserting in place thereof the following words:- December 31, 2005.

SECTION 40. There shall be established a special commission to consist of 9 members, 3 members of the senate, 1 of whom shall be the senate chairman of the joint committee on government regulations, 3 members of the house of representatives, 1 of whom shall be the house chairman of the joint committee on government regulations, the chairman of the state racing commission or his designee and 2 labor representatives from a list submitted by the labor organizations that represent employees employed at the race tracks in the commonwealth designated by the president of the Massachusetts AFL-CIO for the purpose of studying the feasibility of an off-track betting program. The members shall not serve more than 2 consecutive years. The chairman of the commission shall be selected by its members. Section 2A of chapter 4 of the General Laws shall not apply to the special commission. No member of the 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 the 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 the 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 the commission including, but not limited to, voting on formal recommendations or proposed legislation.

The commission, as part of its deliberations regarding the operation, administration, regulation, governance, economics, finances, and revenue generation of an off-track betting program, shall focus on and consider the following:-

(i) the anticipated financial benefit to horse and dog industry and, in particular, to racing purses; the potential effect on, or competition with, the sale of lottery tickets by the state lottery commission; and

(ii) the procedures necessary to establish and operate any such program including but not limited to locations for off-track betting, guidelines, penalties and oversight of the program.

The commission shall prepare and issue a report and file a copy of it with the clerks of the senate and house of representatives, the committee on governmental regulations and the house and senate committees on ways and means.

SECTION 41. The chairman of the state racing commission shall make an annual report to the house and senate committees on ways and means and the joint committee on government regulations on the formula for allocation of enhanced purse money distributed to all licensed race tracks operating in the commonwealth. The report shall be filed not later than 30 days after the money has been distributed to the licensed race tracks in the commonwealth.

SECTION 42. There shall be a special commission for the purpose of studying and evaluating the impact upon greyhounds of racing at temperatures above 90 degrees Fahrenheit or below 25 degrees Fahrenheit, or when the heat/humidity index is greater than 140 degrees Fahrenheit. The commission shall consist of 1 representative of the greyhound racing licensee in Bristol county, 1 representative of the greyhound racing licensee in Suffolk county, the president of the Massachusetts Society for the Prevention of Cruelty to Animals or his designee, the president of the Animal Rescue League or his designee and chairman of the state racing commission or his designee. The study shall examine and evaluate, but shall not be limited to, whether the physiological characteristics of greyhounds render them more susceptible to heat prostration than thoroughbreds or harness horses and the highest and lowest temperatures at which informed veterinary opinion recommends that greyhound racing be allowed. The commission shall prepare and issue a report and file a copy with the committee on government regulations not later than May 31, 2002. In conjunction with its report, the commission shall propose regulations for the conduct or suspension of greyhound racing during various weather conditions based upon its findings.

SECTION 43. One year after the effective date of this act and annually thereafter, the state racing commission shall submit to the joint committee on government regulations a comprehensive and detailed report identifying: (i) the nature and place of all investigations and inspections conducted under the provisions of section 7A of chapter 128C of the General Laws; and (ii) all violations found and the action that was taken.

SECTION 44. Notwithstanding any general or special law to the contrary, monies from all unclaimed live and simulcast wagers collected in 2001 by the greyhound racing meeting licensees in Bristol and Suffolk counties shall be deposited with the state racing commission; provided, however, that, subject to rules and regulations established by the commission, monies from all unclaimed live and simulcast wagers deposited with the commission by the greyhound racing licensees in 2001 shall be used to fund a grant program administered by the commission for capital improvements and other repairs to the property, plant and equipment at the facilities operated by the greyhound racing meeting licensees in Bristol and Suffolk counties. Prior to the receipt of any funds hereunder, a licensee must first submit to the commission detailed plans for any such repairs and improvements. The state racing commission shall review all such plans and make a determination that the proposed expenditures would be consistent with the provisions of this paragraph. Upon the satisfaction of the requirements hereunder, the commission shall release such monies to the licensees. Monies from all unclaimed live and simulcast wagers collected in 2001 by the running horse racing meeting licensee in Suffolk and the harness horse racing meeting licensee in Norfolk shall be deposited with the state racing commission for distribution to the purse accounts of those licensees in the amount of their respective collections.

SECTION 45. This act shall expire on December 31, 2005.

Approved November 17, 2001.