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  • Acts
  • 2001
  • Chapter 95 AN ACT EXTENDING SIMULCAST WAGERING OF HORSE AND DOG RACING.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to extend forthwith simulcast wagering of horse and dog racing, 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. The last paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words "September 30, 2001", inserted by section 1 of chapter 70 of the acts of 2001, and inserting in place thereof the following words:- October 15, 2001.

SECTION 2. The last paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words "September 30, 2001", inserted by section 2 of said chapter 70, and inserting in place thereof the following words:- October 15, 2001.

SECTION 3. The last paragraph of section 4 of said chapter 114 is hereby amended by striking out the words "September 30, 2001", inserted by section 3 of said chapter 70, and inserting in place thereof the following words:- October 15, 2001.

SECTION 4. Chapter 101 of the acts of 1992 is hereby amended by striking out section 13 as appearing in section 4 of said chapter 70, and inserting in place thereof the following section:-

Section 13. Chapter 128C of the General Laws shall expire on October 15, 2001.

SECTION 5. (a) Notwithstanding section 2 of chapter 128C of the General Laws, the running horse racing meeting licensees in Plymouth county who are 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 in the city or town wherein the fair is located and following a demonstration by the licensees of their 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 simulcast signals from the states of Arizona, California, Oregon, Texas and Washington and the intrastate live races of the racing meeting licensees in the commonwealth on: (1) each Sunday, Tuesday, Thursday and Saturday during the live racing performances only, but any simulcast signal commenced during the live racing performances shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card; and, in addition, on (2) July 3 and 4 in any calendar year when they fall on days of the week other than the days specified in clause (1) 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; provided, however, that 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 those 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 fair has live running horse racing. Licensees 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 their live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county and the harness horse racing meeting licensee located in Norfolk county and receive a fee of 11 per cent; provided, however, that the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of said section 2 of said chapter 128C.

Notwithstanding said section 2 of said chapter 128C, a running horse racing meeting licensee, excluding the licensees in Plymouth and Berkshire counties, who 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 of a city or town wherein the fair is located and following a demonstration by the licensee of his ability to complete not less than 50 per cent of the live racing 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 the 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; provided, however, that if the commission determines that a licensee cannot conduct 50 per cent of the 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 those 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 the simulcast shall not be considered a live in-state racing performance for purposes of said sixth paragraph of said section 2 of said chapter 128C.

(b) 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 the simulcast wagers the total sum of the breaks, as defined in section 5 of chapter 128A of the General Laws, into the Running Horse Capital Improvements Trust Fund at the host track, 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.

A racing meeting licensee acting as a guest track shall return to the winning patrons wagering on a simulcast race all sums deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which the 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 or dog, 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 known as 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 in an exotic wagering pool shall be payable to the division of fairs; provided further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under clause (f) of the first paragraph of section 2 of chapter 128 of the General Laws; and provided further, that such expenditures by the division of fairs shall not exceed $50,000 in a fiscal year.

A 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 per cent; a sum equal to 1/8 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 Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live racing performance at the host track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum of 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 for the conduct of 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, the percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.

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

A racing meeting licensee acting as a guest track shall return to the winning patrons wagering on a simulcast race all sums deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which the 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 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 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.

A 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 per cent; a sum equal to 0.25 per cent to the Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live performance at the guest track for the purpose of promoting the respective 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 for the conduct of 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 and 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, the percentages to be paid from the 19 per cent withheld from the straight wager as provided in this section.

A 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 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 Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live racing performance at the guest track for the purpose of promoting the respective 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 for the conduct of 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 and 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, the percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.

(d) A racing meeting licensee 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 the simulcast race all sums 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, as defined in section 5 of chapter 128A of the General Laws, and less an amount not to exceed 19 per cent of the total amount 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 for the conduct of greyhound racing meetings; a sum equal to 4.25 per cent shall be paid to the racing meeting licensee at the host track and 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, the percentages to be paid from the 19 per cent withheld 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 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, the percentages to be paid from the 26 per cent withheld as provided in this section.

(e) All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. section 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. section 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 a 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.

(f) In Plymouth and Hampshire counties, a license to hold or conduct a horse racing meeting may be issued for not more than 15 days in calendar year 2001.

(g) This section shall expire on October 15, 2001.

Approved September 28, 2001.