LCO No. 3181 1 of 19 General Assembly Committee Bill No. 6048 January Session, 2021 LCO No. 3181 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by: (PS) AN ACT PROHIBITING THE OPERATION OF GREY HOUND RACING IN THE STATE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsections (i) to (s), inclusive, of section 12-574 of the 1 general statutes are repealed and the following is substituted in lieu 2 thereof (Effective October 1, 2021): 3 (i) The commissioner shall adopt regulations governing the operation 4 of the off-track betting system and facilities, tracks, stables [, kennels] 5 and frontons, including the regulation of betting in connection 6 therewith, to insure the integrity and security of the conduct of meetings 7 and the broadcast of racing events held pursuant to this chapter. Such 8 regulations shall include provision for the imposition of fines and 9 suspension of licenses for violations thereof. [Prior to the adoption of 10 any regulations concerning the treatment of animals at any dog race 11 track, the commissioner shall notify the National Greyhound 12 Association of the contents of such regulations and of its right to request 13 a hearing pursuant to chapter 54.] The commissioner shall have the 14 authority to impose a fine of up to (1) seventy-five thousand dollars for 15 any violation of such regulations by a licensee authorized to conduct a 16 LCO No. 3181 2 of 19 meeting or operate the off-track betting system under this section; (2) 17 five thousand dollars for any violation of such regulations by a business 18 organization licensed as an affiliate licensee authorized to exercise 19 control over an association; and (3) two thousand five hundred dollars 20 for any such violation by any other licensee licensed by the 21 commissioner. The stewards or judges of a meeting acting in accordance 22 with such regulations shall have the authority to impose a fine of up to 23 five hundred dollars for any such violation by such licensee, and the 24 players' manager of a jai alai exhibition acting in accordance with such 25 regulations shall have the authority to recommend to the judges that a 26 fine should be considered for a player who may have violated such 27 regulations. The commissioner may delegate to the stewards and judges 28 of a meeting the power to suspend the license of any occupational 29 licensee employed in this state by an association licensee for a period 30 not to exceed sixty days for any violation of such regulations. If any 31 license is suspended, such stewards and judges of a meeting shall state 32 the reasons therefor in writing. All fines imposed pursuant to this 33 section shall be paid over to the General Fund upon receipt by the 34 department. Any person or business organization fined or suspended 35 pursuant to this section shall have a right of appeal to the commissioner 36 for a hearing that shall be conducted pursuant to chapter 54. Any person 37 or business organization aggrieved by a decision of the commissioner 38 following such a hearing shall have a right of appeal pursuant to section 39 4-183. 40 (j) The commissioner [shall have the power to] may require that the 41 books and records of any licensee, other than an occupational licensee, 42 [shall] be maintained in any manner which [he] the commissioner may 43 deem best, and that any financial or other statements based on such 44 books and records [shall] be prepared in accordance with generally 45 accepted accounting principles in such form as [he] the commissioner 46 shall prescribe. The commissioner or [his] the commissioner's designee 47 shall also be authorized to visit, to investigate and to place expert 48 accountants and such other persons as [he] the commissioner may deem 49 necessary, in the offices, tracks, frontons, off-track betting facilities or 50 places of business of any such licensee, for the purpose of satisfying 51 LCO No. 3181 3 of 19 himself or herself that the department's regulations are strictly complied 52 with. 53 (k) The commissioner may at any time for good cause require the 54 removal of any employee or official employed by any licensee 55 [hereunder] under this section. 56 (l) The commissioner may, on his or her own motion or upon 57 application, exempt any person or business organization from the 58 licensing requirements of this chapter or some or all of the disclosure 59 requirements of chapter 226b, provided the applicant does not exercise 60 control in or over an integral part of any activity which is authorized 61 under this chapter. The burden of proving that an exemption should be 62 granted rests solely with the applicant. The commissioner may limit or 63 condition the terms of an exemption and such determination shall be 64 final. 65 (m) Any person aiding or abetting in the operation of an off-track 66 betting system or the conduct of any meeting within this state at which 67 racing or the exhibition of the game of jai alai shall be permitted for any 68 stake, purse or reward, except in accordance with a license duly issued 69 and unsuspended or unrevoked by the commissioner, shall be guilty of 70 a class A misdemeanor. 71 (n) The majority of the membership of the board of directors of any 72 corporation licensed to operate the off-track betting system or to hold or 73 conduct any meeting within the state of Connecticut at which racing or 74 the exhibition of the game of jai alai shall be permitted for any stake, 75 purse or reward, shall be residents of the state of Connecticut. 76 (o) Any license granted under this section, other than an association 77 license authorizing the licensee to conduct a meeting or operate the off-78 track betting system, as described in subsection (a) of this section, or an 79 affiliate license authorizing the licensee to exercise control in or over an 80 association licensee, as described in subsection (e) of this section, shall 81 be effective for not more than one year from the date of issuance. Initial 82 application for and renewal of any license shall be in such form and 83 LCO No. 3181 4 of 19 manner as the commissioner shall prescribe by regulation. 84 [(p) Any person or business organization issued a license to conduct 85 dog racing shall establish a pet adoption program for the proper 86 housing and care of retired greyhounds and shall provide financial 87 support for such program and any facility operated to implement such 88 program. 89 (q) Any person or business organization issued a license to conduct 90 dog racing pursuant to subsection (c) of section 12-574c shall employ 91 persons who, at the time of employment, are recipients of assistance 92 under the state-administered general assistance program, state 93 supplement program, medical assistance program, temporary family 94 assistance program or supplemental nutrition assistance program to fill 95 not less than twenty per cent of the positions created by the conversion 96 of a jai alai fronton to a dog race track if such persons have been trained 97 for such employment by public or publicly funded agencies in 98 coordination with such licensee. 99 (r) Any person or business organization issued a license to conduct 100 dog racing pursuant to subsection (c) of section 12-574c shall provide an 101 on-site child care center, as described in section 19a-77, for use by 102 employees of the dog race track. Such licensee shall employ persons 103 who, at the time of employment, are recipients of aid under chapter 302 104 or 308 to fill not less than fifty per cent of the positions at such child care 105 center if such persons have been trained for such employment by public 106 or publicly funded agencies in coordination with such licensee. 107 (s) Notwithstanding any other provisions of this chapter to the 108 contrary, any person or business organization issued a license to 109 conduct dog racing may operate on a year-round basis and may conduct 110 such number of performances as it may elect, provided the total number 111 of such performances does not exceed five hundred eighty 112 performances in any calendar year.] 113 Sec. 2. Section 12-574c of the general statutes is repealed and the 114 following is substituted in lieu thereof (Effective October 1, 2021): 115 LCO No. 3181 5 of 19 (a) The Department of Consumer Protection shall not issue a license 116 authorizing any person, firm, corporation or association to conduct 117 horse racing [, dog racing] or jai alai events. 118 (b) Notwithstanding the provisions of subsection (a) of this section, 119 the department may renew any license issued prior to May 23, 1979, to 120 conduct horse racing or jai alai events or issue such a license to a 121 currently operating facility. 122 [(c) Notwithstanding the provisions of subsection (a) of this section, 123 the department may, on or after July 5, 1991, issue one additional license 124 authorizing a person or business organization to conduct dog racing to 125 a person or business organization holding a license to conduct jai alai 126 events or to the successor of such business organization upon the 127 surrender of the license to conduct jai alai events.] 128 [(d)] (c) No licensee shall move any horse race track [, dog race track] 129 or jai alai fronton to any municipality other than the municipality in 130 which such facility was located on July 5, 1991. 131 Sec. 3. Section 12-574a of the general statutes is repealed and the 132 following is substituted in lieu thereof (Effective October 1, 2021): 133 (a) Whenever a person or business organization files an application 134 with the department for a license to conduct an activity regulated by 135 section 12-574, as amended by this act, exclusive of renewal license 136 applications, the department shall forward within five days to the town 137 clerk of the town within which such activity is proposed to be carried 138 on a statement specifying the prospective applicant, the proposed 139 activity, the site on which such activity is proposed to be conducted and 140 the fact that an application has been filed with the department. Within 141 ten days after such statement has been filed, such town clerk shall cause 142 notice of such filing to be published in a newspaper having a circulation 143 in the town wherein the activity is to be conducted. The question of the 144 approval of the conducting of such activity shall be submitted to the 145 electors of such town at a special election called for the purpose to be 146 held not less than thirty nor more than sixty days after such publication, 147 LCO No. 3181 6 of 19 in conformity with the provisions of section 9-369, or at a regular town 148 election if such election is to be held more than sixty but not more than 149 one hundred twenty days after such publication, such question shall be 150 so submitted and the vote shall be taken in the manner prescribed by 151 said section 9-369. The town clerk shall notify the department of the 152 results of such election. The disapproval of the conducting of such 153 activity by a majority of those voting on the question shall be a bar to 154 the granting of a license to such applicant to conduct such activity at 155 such location. All costs incurred by a municipality in connection with 156 such referendum shall be paid to said municipality by the person or 157 business organization filing such application for such license. The 158 provisions of this subsection shall not apply to any licensee authorized 159 to operate the off-track betting system with respect to any off-track 160 betting facility approved prior to June 25, 1993. 161 (b) No licensee may conduct any horse racing or jai alai event on any 162 Sunday without the prior approval of the legislative body of the town 163 in which the event is scheduled to take place. 164 (c) No licensee authorized to operate the off-track betting system may 165 conduct any off-track pari-mutuel wagering on any racing program on 166 any Sunday without the prior approval of the legislative body of the 167 town in which such off-track betting facility is located. 168 [(d) Notwithstanding the provisions of subsection (a) of this section, 169 the prior approval of the legislative body only of the town shall be 170 required in the event the department issues a license pursuant to 171 subsection (c) of section 12-574c.] 172 Sec. 4. Section 12-575 of the general statutes is repealed and the 173 following is substituted in lieu thereof (Effective October 1, 2021): 174 (a) The department may permit at racing events, exhibitions of the 175 game of jai alai licensed under the provisions of this chapter or at off-176 track betting facilities, betting under a pari-mutuel system, so called, 177 including standard pari-mutuel, daily double, exacta, quinella, trifecta, 178 superfecta, twin trifecta, pick four and pick six betting, and such other 179 LCO No. 3181 7 of 19 forms of multiple betting as the department may determine. 180 (b) The pari-mutuel system, so called, shall not be used or permitted 181 at any location other than the race track at which the racing event is 182 licensed to be conducted or the fronton at which the game of jai alai is 183 licensed to be played or at an off-track betting facility operated by the 184 department or by a licensee authorized to operate the off-track betting 185 system. A computerized electronic totalizator system, approved by the 186 commissioner, shall be used to conduct pari-mutuel wagering at each 187 racing or jai alai event. A computerized electronic totalizator system 188 approved by the commissioner and, where authorized by subsection (b) 189 of section 12-571a, and approved by the commissioner, a simulcast 190 system shall be used to conduct pari-mutuel wagering and simulcasting 191 of off-track betting race programs at off-track betting facilities. The 192 commissioner may require any licensee to submit information 193 concerning the daily operation of such totalizator or simulcast system 194 which [he] the commissioner deems necessary for the effective 195 administration of this chapter, including records of all wagering 196 transactions, in such form and manner as [he shall prescribe] the 197 commissioner prescribes. 198 (c) (1) Except as provided in subdivision (2) of this subsection, each 199 licensee conducting horse racing events under the pari-mutuel system 200 shall distribute all sums deposited in any pari-mutuel program to the 201 holders of winning tickets therein, less seventeen per cent of the total 202 deposits plus the breakage to the dime of the amount so retained [;] and 203 each licensee conducting jai alai events shall distribute all sums 204 deposited in any pari-mutuel program to the holders of winning tickets 205 therein, less a maximum of eighteen per cent of the deposits in the win, 206 place or show pools and less a maximum of twenty-three per cent of the 207 deposits in all other pools plus the breakage to the dime of the amount 208 so retained. [; each licensee conducting dog racing events shall 209 distribute all sums deposited in any pari-mutuel program to the holders 210 of winning tickets therein, less a maximum of nineteen per cent of the 211 deposits in the win, place or show pools and less a maximum of twenty-212 seven per cent of the deposits in all other pools plus the breakage to the 213 LCO No. 3181 8 of 19 dime of the amount so retained, or, shall distribute all sums deposited 214 in all of its pari-mutuel programs conducted on any day to the holders 215 of winning tickets therein less twenty per cent of the total deposits plus 216 the breakage to the dime of the amount so retained, provided on and 217 after July 1, 1992, each licensee conducting dog racing events on July 5, 218 1991, shall allocate four per cent of all sums deposited in any pari-219 mutuel program to purses, one-quarter of one per cent to capital 220 expenditures for alterations, additions, replacement changes, 221 improvements or major repairs to or upon the property owned or leased 222 by any such licensee and used for such racing events, and one-quarter 223 of one per cent to promotional marketing, to reduce the costs of 224 admission, programs, parking and concessions and to offer 225 entertainment and giveaways. Each licensee conducting dog racing 226 events shall, on an annual basis, submit to the department certified 227 financial statements verifying the use of such allocations for purses, 228 capital improvements and promotional marketing.] 229 (2) Each licensee conducting horse racing or jai alai events may carry 230 over all or a portion of the sums deposited in any pari-mutuel program, 231 less the amount retained as herein provided, in the twin trifecta, pick 232 four or pick six pari-mutuel pool to another pool, including a pool in a 233 succeeding performance. 234 (d) Each licensee conducting horse racing events under the pari-235 mutuel system shall pay to the state, and there is hereby imposed: (1) A 236 tax on the total money wagered in the pari-mutuel pool on each and 237 every day the licensee conducts racing events, pursuant to the following 238 schedule: 239 T1 Total Wagered Tax T2 0 to $100,001 3.25% on the entire pool T3 $100,001 to $200,001 3.75% on the entire pool T4 $200,001 to $300,001 4.25% on the entire pool T5 $300,001 to $400,001 4.75% on the entire pool LCO No. 3181 9 of 19 T6 $400,001 to $500,001 5.25% on the entire pool T7 $500,001 to $600,001 5.75% on the entire pool T8 $600,001 to $700,001 6.25% on the entire pool T9 $700,001 to $800,001 6.75% on the entire pool T10 $800,001 to $900,001 7.25% on the entire pool T11 $900,001 to $1,000,001 7.75% on the entire pool T12 $1,000,001 and over 8.75% on the entire pool and (2) a tax equal to one-half of the breakage to the dime resulting 240 from such wagering. The commissioner shall by regulation adopted in 241 accordance with the provisions of chapter 54 designate the percentage 242 of the difference between the seventeen per cent specified in subsection 243 (c) of this section and the tax specified in this subsection, which shall be 244 allocated as prize or purse money for the horses racing at each facility. 245 [(e) Each licensee conducting dog racing events under the pari-246 mutuel system shall pay to the state, and there is hereby imposed: (1) 247 (A) A tax at the rate of two per cent on the total money wagered in the 248 pari-mutuel pool on each and every day the licensee conducts racing 249 events or (B) on or after July 1, 1993, in the case of any licensee licensed 250 prior to July 5, 1991, (i) a tax at the rate of two per cent on any amount 251 up to and including fifty million dollars of the total money wagered in 252 the pari-mutuel pool in any state fiscal year during which a licensee 253 licensed prior to July 5, 1991, conducts racing events, (ii) a tax at the rate 254 of three per cent on any amount in excess of fifty million dollars and up 255 to and including eighty million dollars of the total money wagered in 256 the pari-mutuel pool in any state fiscal year during which a licensee 257 licensed prior to July 5, 1991, conducts racing events, and (iii) a tax at 258 the rate of four per cent on any amount in excess of eighty million 259 dollars of the total money wagered in the pari-mutuel pool in any state 260 fiscal year during which a licensee licensed prior to July 5, 1991, 261 conducts racing events, and (2) a tax equal to one-half of the breakage 262 to the dime resulting from such wagering.] 263 [(f)] (e) Each licensee operating a fronton at which the game of jai alai 264 LCO No. 3181 10 of 19 is licensed to be played under the pari-mutuel system shall pay to the 265 state and there is hereby imposed: (1) (A) A tax at the rate of two per 266 cent on any amount up to and including fifty million dollars of the total 267 money wagered on such games, (B) a tax at the rate of three per cent of 268 any amount in excess of fifty million dollars and up to and including 269 eighty million dollars of the total money wagered on such games, and 270 (C) a tax at the rate of four per cent on any amount in excess of eighty 271 million dollars of the total money wagered on such games, and (2) a tax 272 equal to one-half of the breakage to the dime resulting from such 273 wagering. 274 [(g)] (f) The licensee authorized to operate the system of off-track 275 betting under the pari-mutuel system shall pay to the state and there is 276 hereby imposed: (1) A tax at the rate of three and one-half per cent on 277 the total money wagered in the pari-mutuel pool on each and every day 278 the licensee broadcasts racing events, and (2) a tax equal to one-half of 279 the breakage to the dime resulting from such wagering. 280 [(h)] (g) The commissioner shall assess and collect the taxes imposed 281 by this chapter under such regulations as [he] the commissioner may 282 prescribe, in accordance with the provisions of chapter 54. All taxes 283 hereby imposed shall be due and payable by the close of the next 284 banking day after each day's racing or jai alai exhibition. If any such tax 285 is not paid when due, the commissioner shall impose a delinquency 286 assessment upon the licensee in the amount of ten per cent of such tax 287 or ten dollars, whichever amount is greater, plus interest at the rate of 288 one and one-half per cent of the unpaid principal of such tax for each 289 month or fraction of a month from the date such tax is due to the date of 290 payment. Subject to the provisions of section 12-3a, the commissioner 291 may waive all or part of the penalties provided under this subsection 292 when it is proven to [his] the commissioner's satisfaction that the failure 293 to pay such tax within the time required was due to reasonable cause 294 and was not intentional or due to neglect. Failure to pay any such 295 delinquent tax upon demand may be considered by the commissioner 296 as cause for revocation of license. 297 LCO No. 3181 11 of 19 [(i)] (h) The commissioner shall devise a system of accounting and 298 shall supervise betting at such track, fronton or off-track betting facility 299 in such manner that the rights of the state are protected and shall collect 300 all fees and licenses under such regulations as [he] the commissioner 301 shall prescribe, in accordance with the provisions of chapter 54. 302 [(j)] (i) The amount of unclaimed moneys, as determined by the 303 commissioner, held by any licensee other than by licensees authorized 304 to operate a jai alai fronton [, dog race track] or the off-track betting 305 system on account of outstanding and uncashed winning tickets, shall 306 be due and payable to the commissioner, for deposit in the General Fund 307 of the state, at the expiration of one year after the close of the meeting 308 during which such tickets were issued. If any such unclaimed moneys 309 are not paid when due, the commissioner shall impose a delinquency 310 assessment upon the licensee in the amount of ten per cent of such 311 moneys or ten dollars, whichever amount is greater, plus interest at the 312 rate of one and one-half per cent of the unpaid principal of such moneys 313 for each month or fraction of a month from the date such moneys are 314 due to the date of payment. Subject to the provisions of section 12-3a, 315 the commissioner may waive all or part of the penalties provided under 316 this subsection when it is proven to [his] the commissioner's satisfaction 317 that the failure to pay such moneys to the state within the time required 318 was due to reasonable cause and was not intentional or due to neglect. 319 [(k)] (j) The commissioner may authorize deputies and the 320 Commissioner of Revenue Services or his or her agents are authorized 321 to enter upon the premises at any horse racing event, jai alai exhibition 322 or off-track betting race event for the purpose of inspecting books and 323 records, supervising and examining cashiers, ticket sellers, pool sellers 324 and other persons handling money at said event and such other 325 supervision as may be necessary for the maintenance of order at such 326 event. 327 [(l)] (k) (1) The commissioner shall pay each municipality in which a 328 horse race track is located, one-quarter of one per cent of the total money 329 wagered on horse racing events at such race track, except the 330 LCO No. 3181 12 of 19 commissioner shall pay each such municipality having a population in 331 excess of fifty thousand one per cent of the total money wagered at such 332 horse racing events in such municipality. The commissioner shall pay 333 each municipality in which a jai alai fronton [or dog race track] is located 334 one-half of one per cent of the total money wagered on jai alai games [or 335 dog racing events] at such fronton, [or dog race track,] except the 336 commissioner shall pay each such municipality having a population in 337 excess of fifty thousand one per cent of the total money wagered on jai 338 alai games [or dog racing events] at such fronton [or dog race track] 339 located in such municipality. The commissioner shall pay each 340 municipality in which an off-track betting facility is located one and 341 three-fifths per cent of the total money wagered in such facility less 342 amounts paid as refunds or for cancellations. The commissioner shall 343 pay to both the city of New Haven and the town of Windsor Locks an 344 additional one-half of one per cent of the total money wagered less any 345 amount paid as a refund or a cancellation in any facility equipped with 346 screens for simulcasting after October 1, 1997, located within a fifteen-347 mile radius of facilities in New Haven and Windsor Locks. Payment 348 shall be made not less than four times a year and not more than twelve 349 times a year as determined by the commissioner, and shall be made 350 from the tax imposed pursuant to subsection (d) of this section for horse 351 racing, subsection (e) of this section [for dog racing, subsection (f) of this 352 section] for jai alai games and subsection [(g)] (f) of this section for off-353 track betting. (2) [If, for any calendar year after the surrender of a license 354 to conduct jai alai events by any person or business organization 355 pursuant to subsection (c) of section 12-574c and prior to the opening of 356 any dog race track by such person or business organization, any other 357 person or business organization licensed to conduct jai alai events is 358 authorized to conduct a number of performances greater than the 359 number authorized for such licensee in the previous calendar year, the 360 commissioner shall pay the municipality in which the jai alai fronton for 361 which such license was surrendered was located, rather than the 362 municipality in which the jai alai fronton conducting the increased 363 performances is located, one-half of one per cent of the total money 364 wagered on jai alai games for such increased performances at the 365 LCO No. 3181 13 of 19 fronton which conducted the additional performances, except the 366 commissioner shall pay each such municipality having a population in 367 excess of fifty thousand one per cent of the total money wagered on jai 368 alai games for such increased performances at such fronton. (3) During 369 any state fiscal year ending on or after June 30, 1993, the commissioner 370 shall pay each municipality in which a dog race track was operating 371 prior to July 5, 1991, one per cent of the total money wagered on dog 372 racing events at such dog race track. (4) During the state fiscal year 373 ending June 30, 2001, each municipality in which a dog race track was 374 operating prior to July 5, 1991, shall pay the Northeast Connecticut 375 Economic Alliance, Inc. two-tenths of one per cent of the total money 376 wagered on dog racing events at any dog race track operating prior to 377 July 5, 1991. (5)] In the event a licensee incurs a loss from the operation 378 of a pari-mutuel facility, as determined by the commissioner, the 379 legislative body of the city or town in which such facility is located may 380 direct the commissioner to credit or rebate all or a part of the revenue 381 otherwise due to the municipality back to the facility. In no case shall 382 such credit and such reimbursement exceed the amount of the licensee's 383 loss, and in no fiscal year shall these provisions affect the total fees paid 384 to the state by the authorized operator of the off-track betting system on 385 its off-track betting activities. 386 Sec. 5. Section 12-578 of the general statutes is repealed and the 387 following is substituted in lieu thereof (Effective October 1, 2021): 388 (a) The commissioner shall adopt regulations, in accordance with the 389 provisions of chapter 54, governing registration and the issuance and 390 annual renewal of licenses and payment of annual nonrefundable 391 application fees for the same in accordance with the following schedule: 392 (1) Registration: (A) Stable name, one hundred dollars; (B) 393 partnership name, one hundred dollars; and (C) colors, twenty dollars. 394 [; (D) kennel name, one hundred dollars.] 395 (2) Licenses: (A) Owner, one hundred dollars; (B) trainer, one 396 hundred dollars; (C) assistant trainer, one hundred dollars; (D) jockey, 397 forty dollars; (E) jockey agent, for each jockey, one hundred dollars; (F) 398 LCO No. 3181 14 of 19 stable employees, including exercise boy, groom, stable foreman, hot 399 walker, outrider, twenty dollars; (G) veterinarian, one hundred dollars; 400 (H) jockey apprentice, forty dollars; (I) driver, one hundred dollars; (J) 401 valet, twenty dollars; (K) blacksmith, twenty dollars; (L) plater, twenty 402 dollars; (M) concessionaire, for each concession, two hundred fifty 403 dollars; (N) concessionaire affiliate, for each concession of the 404 concessionaire, two hundred fifty dollars; (O) concession employees, 405 twenty dollars; (P) jai alai players, one hundred dollars; (Q) officials and 406 supervisors, one hundred dollars; (R) pari-mutuel employees, forty 407 dollars; (S) other personnel engaged in activities regulated under this 408 chapter, twenty dollars; (T) vendor, for each contract, two hundred fifty 409 dollars; (U) totalizator, for each contract, two hundred fifty dollars; (V) 410 vendor and totalizator affiliates, for each contract of the vendor or 411 totalizator, two hundred fifty dollars; (W) gaming employee, forty 412 dollars; (X) nongaming vendor, two hundred fifty dollars; (Y) gaming 413 services, five hundred dollars; and (Z) gaming affiliate, two hundred 414 fifty dollars. For the purposes of this subdivision, "concessionaire 415 affiliate" means a business organization, other than a shareholder in a 416 publicly traded corporation, that may exercise control in or over a 417 concessionaire; and "concessionaire" means any individual or business 418 organization granted the right to operate an activity at [a dog race track 419 or] an off-track betting facility for the purpose of making a profit that 420 receives or, in the exercise of reasonable business judgment, can be 421 expected to receive more than twenty-five thousand dollars or twenty-422 five per cent of its gross annual receipts from such activity at such [track 423 or] facility. 424 (b) The commissioner shall require each applicant for a license under 425 subdivision (2) of subsection (a) of this section to submit to state and 426 national criminal history records checks before such license is issued. 427 The criminal history records checks required pursuant to this subsection 428 shall be conducted in accordance with section 29-17a. 429 Sec. 6. Subsection (a) of section 12-572 of the general statutes is 430 repealed and the following is substituted in lieu thereof (Effective October 431 1, 2021): 432 LCO No. 3181 15 of 19 (a) The commissioner may establish or authorize the establishment of 433 such off-track betting facilities throughout the state for the purpose of 434 receiving moneys wagered on the results of races or jai alai games as [he 435 shall deem] the commissioner deems will serve the convenience of the 436 public and provide maximum economy and efficiency of operation, 437 provided the establishment of such a facility in any municipality for the 438 purpose of receiving moneys on the results of races or jai alai games 439 shall be subject to the approval of the legislative body of such 440 municipality which shall be given only after a public hearing on the 441 same. Until the effective date of transfer of ownership of the off-track 442 betting system, moneys received at such facilities shall be deposited in 443 a betting fund from which daily payments, in such amount as the 444 commissioner deems suitable, shall be made. If an operator of an off-445 track betting facility intends to conduct wagering on [dog racing events 446 or] jai alai games, such operator (1) shall conduct wagering on [dog 447 racing events or] jai alai games conducted by any association licensee 448 which offers such [racing events or] games for off-track betting, 449 provided such operator obtains the written consent of such licensee, and 450 (2) may conduct wagering on out-of-state [dog racing events or] jai alai 451 games when no such association licensee is conducting such [racing 452 events or] games, provided such operator has complied with the 453 provisions of subdivision (1) of this subsection. No operator of an off-454 track betting facility shall conduct wagering on any [dog racing event 455 or] jai alai game if such [racing event or] game is conducted within forty 456 miles of such facility unless such operator has obtained the written 457 consent of the licensee conducting such [racing event or] game. An 458 operator of an off-track betting facility may conduct wagering on out-459 of-state dog racing events. 460 Sec. 7. Section 12-559 of the general statutes is repealed and the 461 following is substituted in lieu thereof (Effective October 1, 2021): 462 The commissioner may employ stewards for thoroughbred racing, 463 judges for harness racing [, greyhound racing] and jai alai, and 464 veterinarians who shall be exempt from classified service, and may 465 employ, subject to the provisions of chapter 67, such other employees as 466 LCO No. 3181 16 of 19 may be necessary to carry out the provisions of this chapter. The 467 commissioner shall require such persons to submit to state and national 468 criminal history records checks before being employed. The criminal 469 history records checks required pursuant to this section shall be 470 conducted in accordance with section 29-17a. All persons employed 471 pursuant to this section, with the exception of any steward, judge or 472 veterinarian, shall be residents of the state at the time of and during the 473 full term of their employment. 474 Sec. 8. Subsection (b) of section 17a-713 of the general statutes is 475 repealed and the following is substituted in lieu thereof (Effective October 476 1, 2021): 477 (b) The program established by subsection (a) of this section shall be 478 funded by imposition of: (1) A fee of one hundred thirty-five dollars on 479 each association license, for each performance of jai alai [or dog racing] 480 conducted under the provisions of chapter 226, provided no such 481 licensee shall contribute more than forty-five thousand dollars in any 482 one year; (2) a fee of twenty-five dollars for each teletheater performance 483 on each operator of a teletheater facility; and (3) the amount received 484 from the Connecticut Lottery Corporation pursuant to section 12-818. 485 The Commissioner of Consumer Protection shall collect the fee from 486 each association licensee or such operator on a monthly basis. The 487 receipts shall be deposited in the General Fund and credited to a 488 separate, nonlapsing chronic gamblers treatment and rehabilitation 489 account which shall be established by the Comptroller. All moneys in 490 the account are deemed to be appropriated and shall be expended for 491 the purposes established in subsection (a) of this section. 492 Sec. 9. Subdivision (1) of subsection (b) of section 19a-342 of the 493 general statutes is repealed and the following is substituted in lieu 494 thereof (Effective October 1, 2021): 495 (b) (1) Notwithstanding the provisions of section 31-40q, no person 496 shall smoke: (A) In any building or portion of a building, partially 497 enclosed shelter on a rail platform or bus shelter owned and operated 498 or leased and operated by the state or any political subdivision thereof; 499 LCO No. 3181 17 of 19 (B) in any area of a health care institution; (C) in any area of a retail food 500 store; (D) in any restaurant; (E) in any area of an establishment with a 501 permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 502 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 503 30-37e or 30-37f, in any area of an establishment with a permit for the 504 sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 505 2003, and, on and after April 1, 2004, in any area of an establishment 506 with a permit issued for the sale of alcoholic liquor pursuant to section 507 30-22a or 30-26 or the bar area of a bowling establishment holding a 508 permit pursuant to subsection (a) of section 30-37c; (F) within a school 509 building or on the grounds of such school; (G) within a child care facility 510 or on the grounds of such child care facility, except, if the child care 511 facility is a family child care home, as defined in section 19a-77, such 512 smoking is prohibited only when a child enrolled in such home is 513 present; (H) in any passenger elevator, provided no person shall be 514 arrested for violating this subsection unless there is posted in such 515 elevator a sign which indicates that smoking is prohibited by state law; 516 (I) in any dormitory in any public or private institution of higher 517 education; or (J) on and after April 1, 2004, in any area of [a dog race 518 track or] a facility equipped with screens for the simulcasting of off-track 519 betting race programs or jai alai games. For purposes of this subsection, 520 "restaurant" means space, in a suitable and permanent building, kept, 521 used, maintained, advertised and held out to the public to be a place 522 where meals are regularly served to the public, "school" has the same 523 meaning as provided in section 10-154a and "child care facility" has the 524 same meaning as provided in section 19a-342a, as amended by this act. 525 Sec. 10. Subdivision (1) of subsection (b) of section 19a-342a of the 526 general statutes is repealed and the following is substituted in lieu 527 thereof (Effective October 1, 2021): 528 (b) (1) No person shall use an electronic nicotine delivery system or 529 vapor product: (A) In any building or portion of a building owned and 530 operated or leased and operated by the state or any political subdivision 531 thereof; (B) in any area of a health care institution; (C) in any area of a 532 retail food store; (D) in any restaurant; (E) in any area of an 533 LCO No. 3181 18 of 19 establishment with a permit issued for the sale of alcoholic liquor 534 pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-535 28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 536 establishment with a permit issued for the sale of alcoholic liquor 537 pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 538 bowling establishment holding a permit pursuant to subsection (a) of 539 section 30-37c; (F) within a school building or on the grounds of such 540 school; (G) within a child care facility or on the grounds of such child 541 care facility, except, if the child care facility is a family child care home 542 as defined in section 19a-77, such use is prohibited only when a child 543 enrolled in such home is present; (H) in any passenger elevator, 544 provided no person shall be arrested for violating this subsection unless 545 there is posted in such elevator a sign which indicates that such use is 546 prohibited by state law; (I) in any dormitory in any public or private 547 institution of higher education; or (J) in any area of [a dog race track or] 548 a facility equipped with screens for the simulcasting of off-track betting 549 race programs or jai alai games. For purposes of this subsection, 550 "restaurant" means space, in a suitable and permanent building, kept, 551 used, maintained, advertised and held out to the public to be a place 552 where meals are regularly served to the public, and "school" has the 553 same meaning as provided in section 10-154a. 554 Sec. 11. Section 12-574d of the general statutes is repealed. (Effective 555 October 1, 2021) 556 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 12-574(i) to (s) Sec. 2 October 1, 2021 12-574c Sec. 3 October 1, 2021 12-574a Sec. 4 October 1, 2021 12-575 Sec. 5 October 1, 2021 12-578 Sec. 6 October 1, 2021 12-572(a) Sec. 7 October 1, 2021 12-559 Sec. 8 October 1, 2021 17a-713(b) Sec. 9 October 1, 2021 19a-342(b)(1) Sec. 10 October 1, 2021 19a-342a(b)(1) LCO No. 3181 19 of 19 Sec. 11 October 1, 2021 Repealer section Statement of Purpose: To prohibit greyhound racing in the state. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors: REP. D'AGOSTINO, 91st Dist.; REP. ELLIOTT, 88th Dist. H.B. 6048