HB-4260, As Passed House, September 28, 2005
February 10, 2005, Introduced by Reps. Hune, Gaffney, Stewart, Emmons and Nitz and referred to the Committee on Agriculture.
A bill to amend 1951 PA 90, entitled
"An act to regulate the conducting of racing meets in the state of
Michigan; to provide for the possession, control and disposition of
funds held by licensees for the payment of outstanding winning
tickets not claimed or demanded by the lawful owners of such funds;
and to prescribe penalties for violations of the provisions of this
act,"
by amending section 2 (MCL 431.252), as amended by 1998 PA 505.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) For the calendar year 1998 and each year
thereafter,
all funds All money held by any licensee for the
payment of outstanding winning tickets or vouchers for any race
meeting conducted under the horse racing law of 1995, 1995 PA 279,
MCL
431.301 to 431.336, which have
that has not been claimed by the
owner
of those funds the money within 60 days after the close of
the
race meeting, shall be retained by the licensee and distributed
House Bill No. 4260 as amended September 27, 2005
as follows:
(a)
If the licensee is a standardbred race meeting licensee:
(a) (i) Fifty percent of the funds shall be retained
by the
licensee.
(b) (ii) Fifty percent of the funds shall be deposited
into
the
Michigan agriculture equine fund created in section 20(3) of
the
horse racing law of 1995, 1995 PA 279, MCL 431.320, and
designated
for standardbred programs described in section 20(5)(a),
(c),
(e), (h), and (i) of the horse racing law of 1995, 1995 PA
279,
MCL 431.320. distributed to
the certified horsemen's
organization with which the licensee has a contract. The certified
horsemen's organization may expend the money received under this
subdivision only for [the following purposes:
(i) Purse supplements and breeders' awards for Live horse racing conducted at either of the following:
(A) Fairs in this state.
(B) Licensed horse racetracks where pari-mutuel wagering is conducted in this state.
(ii) If the certified horsemen's organization contracts with licensees that conduct quarter horse races, in addition to the purposes in subparagraph (i), any] purpose related to the
management, protection, and promotion of live horse racing in this
state, including, but not limited to, [ ] promotion,
benevolence, office and administrative expense, professional fees,
backside welfare, employee welfare, and insurance programs.
(b)
If the licensee is a thoroughbred race meeting licensee,
then
100% of the funds for 1998 shall be earmarked for the
development
and capital improvement for the purpose of
accommodating
thoroughbred racing at existing licensed racing
facilities
that have operated within the 2 years immediately before
the
effective date of the amendatory act that added this
subdivision
within a city area or at a facility located outside a
city
area upon written approval of a certified thoroughbred
horsemen's
organization and approved by the racing commissioner. As
used
in this subdivision, "city area" and "horsemen's
organization"
House Bill No. 4260 as amended September 27, 2005
mean
those terms as defined in section 2 of the horse racing law of
1995,
1995 PA 279, MCL 431.302. For calendar year 1999 and every
year
thereafter:
(i) Fifty percent of the funds shall be retained by
the
licensee.
(ii) Fifty percent of the funds shall be deposited in
the
Michigan
agriculture equine fund established in section 20(3) of
the
horse racing law of 1995, 1995 PA 279, MCL 431.320, and
designated
for thoroughbred programs described in section 20(6)(a)
to
(e) of the horse racing law of 1995, 1995 PA 279, MCL 431.320.
(c)
If the licensee is a light horse race meeting licensee:
(i) Fifty percent of the funds shall be retained by
the
licensee.
(ii) Fifty percent of the funds shall be deposited in
the
Michigan
agriculture equine fund established in section 20(3) of
the
horse racing law of 1995, 1995 PA 279, MCL 431.320, and
designated
for light horse programs described in section 20(7),
(8),
and (9) of the horse racing law of 1995, 1995 PA 279, MCL
431.320.
(d)
Funds for uncashed tickets for calendar year 1998 held by
the
department of treasury that were remitted by licensees shall be
distributed
as provided in this section.
[(2) A certified horsemen's organization that receives money under this section shall obtain an annual independent audit of the expenditure of the money. The certified horsemen's organization shall provide a copy of the audit to the racing commissioner. The first audit shall be provided to the racing commissioner on or before 1 year after the effective date of the amendatory act that added this subsection and each subsequent audit shall be provided on the same date of each following year.
(3)] As used in this section:
(a) "Certified horsemen's organization" means that term as
defined in section 2 of the horse racing law of 1995, 1995 PA 279,
MCL 431.302.
(b) "Licensee" means a person that holds a race meeting
license as described in section 8 of the horse racing law of 1995,
1995 PA 279, MCL 431.308.