SB-1052, As Passed House, September 20, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1052

     A bill to amend 1995 PA 279, entitled

"Horse racing law of 1995,"

by amending sections 2 and 4 (MCL 431.302 and 431.304).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. As used in this act:

(a) "Affiliate" means a person who, directly or indirectly,

controls, is controlled by, or is under common control with; is in

a partnership or joint venture relationship with; or is a co-

shareholder of a corporation, co-member of a limited liability

company, or co-partner in a limited liability partnership with a

person who holds or applies for a race meeting or track license

under this act. For purposes of this subdivision, a controlling

interest is a pecuniary interest of more than 15%.

     (b)  (a) "Breaks" means the cents over any multiple of 10

otherwise payable to a patron on a wager of $1.00.

(c)  (b) "Certified horsemen's organization" means an

organization registered with the office of racing commissioner in a

manner and form required by the racing commissioner, that can

demonstrate all of the following:

     (i) The organization's capacity to supply horses.

     (ii) The organization's ability to assist a race meeting

licensee in conducting the licensee's racing program.

     (iii) The organization's ability to monitor and improve physical

conditions and controls for individuals and horses participating at

licensed race meetings.

     (iv) The organization's ability to protect the financial

interests of the individuals participating at licensed race

meetings.

(d)  (c) "City area" means a city  having  with a population

of 750,000 or more  ,  and  includes the counties  every county

located wholly or partly within  a distance of 30 miles of the

city limits of the city.

(e)  (d) "Controlled substance" means that term as defined in

section 7104 of the public health code,  Act No. 368 of the Public

Acts of 1978, being section 333.7104 of the Michigan Compiled Laws

1978 PA 368, MCL 333.7104.

(f)  (e) "Day of operation" means a period of 24 hours

beginning at 12 noon and ending at 11:59 a.m. the following day.

(g)  (f) "Drug" means any of the following:

     (i) A substance intended for use in the diagnosis, cure,

mitigation, treatment, or prevention of disease in humans or other

animals.

     (ii) A substance, other than food, intended to affect the

structure, condition, or any function of the body of humans or

other animals.

     (iii) A substance intended for use as a component of a substance

specified in subparagraph (i) or (ii).

(h)  (g) "Fair" means any county, district, or community fair

and any state fair.

(i)  (h) "Foreign substance" means a substance, or its

metabolites,  which  that does not exist naturally in an untreated

horse or, if natural to an untreated horse, exists at an

unnaturally high physiological concentration as a result of having

been administered to the horse.

(j)  (i) "Full card simulcast" means an entire simulcast

racing program of 1 or more race  meet  meeting licensees located

in this state, or an entire simulcast racing program of 1 or more

races simulcasted from 1 or more racetracks located outside of this

state.

     (k) "Member of the immediate family" means the spouse, child,

parent, or sibling.

(l)  (j) "Person" means an individual, firm, partnership,

corporation, association, or other legal entity.

(m)  (k) "Purse pool" means an amount of money allocated or

apportioned to pay prizes for horse races and from which payments

may be made to certified horsemen's organizations pursuant to this

act.

(n)  (l) "Veterinarian" means a person licensed to practice

veterinary medicine under  article 15  part 188 of the public

health code,  Act No. 368 of the Public Acts of 1978, being

sections 333.16101 to 333.18838 of the Michigan Compiled Laws  1978

PA 368, MCL 333.16101 to 333.18838, or under a state or federal law

applicable to that person.

Sec. 4. (1) The racing commissioner shall be appointed for a

term of 4 years by the governor by and with the advice and consent

of the senate.

     (2) The racing commissioner shall be a resident of this state

and during his or her term of office shall not be a stockholder of,

or be directly or indirectly connected with the conduct or

management of, or have any other legal or beneficial interest in,

any of the following:

     (a) A racetrack, race meeting, or a racing interest,

including, but not limited to, the ownership, breeding, training,

or racing of horses or any vendor, supplier, or distributor of

goods or services to a racetrack, race meeting, or racing

participant licensed under this act.

     (b) Any gaming activity conducted at any licensed race meeting

in  the  this state.

     (3) The racing commissioner, an employee of the office of the

racing commissioner, or a member of the immediate family of the

racing commissioner or of an employee of the office of the racing

commissioner shall not participate in wagering permitted under this

act or conducted by a person or an affiliate of a person licensed

or applying for a license under this act. This subsection does not

apply to wagering that is part of surveillance, security, or other

official duties for the office of the racing commissioner.