February 21, 2006, Introduced by Senators ALLEN, BIRKHOLZ, JELINEK, CROPSEY, McMANUS and BROWN and referred to the Committee on Gaming and Casino Oversight.
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
coshareholder of a corporation, comember of a limited liability
company, or copartner in a limited liability partnership with the
person who holds or applies for a race meeting or track license
under this act. For purposes of this subdivision, a controlling
interest is the beneficial ownership of more than 5% of a
corporation whose stock is widely held, publicly traded, and
regulated by the securities and exchange commission, or any
beneficial ownership of a privately held corporation or of a firm,
partnership, association, or other legal entity.
(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 333.18801 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 or a member of the immediate
family 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.