6 | 6 | | |
---|
7 | 7 | | General Assembly Committee Bill No. 6048 |
---|
8 | 8 | | January Session, 2021 |
---|
9 | 9 | | LCO No. 3181 |
---|
10 | 10 | | |
---|
11 | 11 | | |
---|
12 | 12 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
---|
13 | 13 | | |
---|
14 | 14 | | |
---|
15 | 15 | | Introduced by: |
---|
16 | 16 | | (PS) |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | |
---|
20 | 20 | | AN ACT PROHIBITING THE OPERATION OF GREY HOUND RACING |
---|
21 | 21 | | IN THE STATE. |
---|
22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
23 | 23 | | Assembly convened: |
---|
24 | 24 | | |
---|
25 | 25 | | Section 1. Subsections (i) to (s), inclusive, of section 12-574 of the 1 |
---|
26 | 26 | | general statutes are repealed and the following is substituted in lieu 2 |
---|
27 | 27 | | thereof (Effective October 1, 2021): 3 |
---|
28 | 28 | | (i) The commissioner shall adopt regulations governing the operation 4 |
---|
29 | 29 | | of the off-track betting system and facilities, tracks, stables [, kennels] 5 |
---|
30 | 30 | | and frontons, including the regulation of betting in connection 6 |
---|
31 | 31 | | therewith, to insure the integrity and security of the conduct of meetings 7 |
---|
32 | 32 | | and the broadcast of racing events held pursuant to this chapter. Such 8 |
---|
33 | 33 | | regulations shall include provision for the imposition of fines and 9 |
---|
34 | 34 | | suspension of licenses for violations thereof. [Prior to the adoption of 10 |
---|
35 | 35 | | any regulations concerning the treatment of animals at any dog race 11 |
---|
36 | 36 | | track, the commissioner shall notify the National Greyhound 12 |
---|
37 | 37 | | Association of the contents of such regulations and of its right to request 13 |
---|
38 | 38 | | a hearing pursuant to chapter 54.] The commissioner shall have the 14 |
---|
47 | 43 | | meeting or operate the off-track betting system under this section; (2) 17 |
---|
48 | 44 | | five thousand dollars for any violation of such regulations by a business 18 |
---|
49 | 45 | | organization licensed as an affiliate licensee authorized to exercise 19 |
---|
50 | 46 | | control over an association; and (3) two thousand five hundred dollars 20 |
---|
51 | 47 | | for any such violation by any other licensee licensed by the 21 |
---|
52 | 48 | | commissioner. The stewards or judges of a meeting acting in accordance 22 |
---|
53 | 49 | | with such regulations shall have the authority to impose a fine of up to 23 |
---|
54 | 50 | | five hundred dollars for any such violation by such licensee, and the 24 |
---|
55 | 51 | | players' manager of a jai alai exhibition acting in accordance with such 25 |
---|
56 | 52 | | regulations shall have the authority to recommend to the judges that a 26 |
---|
57 | 53 | | fine should be considered for a player who may have violated such 27 |
---|
58 | 54 | | regulations. The commissioner may delegate to the stewards and judges 28 |
---|
59 | 55 | | of a meeting the power to suspend the license of any occupational 29 |
---|
60 | 56 | | licensee employed in this state by an association licensee for a period 30 |
---|
61 | 57 | | not to exceed sixty days for any violation of such regulations. If any 31 |
---|
62 | 58 | | license is suspended, such stewards and judges of a meeting shall state 32 |
---|
63 | 59 | | the reasons therefor in writing. All fines imposed pursuant to this 33 |
---|
64 | 60 | | section shall be paid over to the General Fund upon receipt by the 34 |
---|
65 | 61 | | department. Any person or business organization fined or suspended 35 |
---|
66 | 62 | | pursuant to this section shall have a right of appeal to the commissioner 36 |
---|
67 | 63 | | for a hearing that shall be conducted pursuant to chapter 54. Any person 37 |
---|
68 | 64 | | or business organization aggrieved by a decision of the commissioner 38 |
---|
69 | 65 | | following such a hearing shall have a right of appeal pursuant to section 39 |
---|
70 | 66 | | 4-183. 40 |
---|
71 | 67 | | (j) The commissioner [shall have the power to] may require that the 41 |
---|
72 | 68 | | books and records of any licensee, other than an occupational licensee, 42 |
---|
73 | 69 | | [shall] be maintained in any manner which [he] the commissioner may 43 |
---|
74 | 70 | | deem best, and that any financial or other statements based on such 44 |
---|
75 | 71 | | books and records [shall] be prepared in accordance with generally 45 |
---|
76 | 72 | | accepted accounting principles in such form as [he] the commissioner 46 |
---|
77 | 73 | | shall prescribe. The commissioner or [his] the commissioner's designee 47 |
---|
78 | 74 | | shall also be authorized to visit, to investigate and to place expert 48 |
---|
88 | 80 | | himself or herself that the department's regulations are strictly complied 52 |
---|
89 | 81 | | with. 53 |
---|
90 | 82 | | (k) The commissioner may at any time for good cause require the 54 |
---|
91 | 83 | | removal of any employee or official employed by any licensee 55 |
---|
92 | 84 | | [hereunder] under this section. 56 |
---|
93 | 85 | | (l) The commissioner may, on his or her own motion or upon 57 |
---|
94 | 86 | | application, exempt any person or business organization from the 58 |
---|
95 | 87 | | licensing requirements of this chapter or some or all of the disclosure 59 |
---|
96 | 88 | | requirements of chapter 226b, provided the applicant does not exercise 60 |
---|
97 | 89 | | control in or over an integral part of any activity which is authorized 61 |
---|
98 | 90 | | under this chapter. The burden of proving that an exemption should be 62 |
---|
99 | 91 | | granted rests solely with the applicant. The commissioner may limit or 63 |
---|
100 | 92 | | condition the terms of an exemption and such determination shall be 64 |
---|
101 | 93 | | final. 65 |
---|
102 | 94 | | (m) Any person aiding or abetting in the operation of an off-track 66 |
---|
103 | 95 | | betting system or the conduct of any meeting within this state at which 67 |
---|
104 | 96 | | racing or the exhibition of the game of jai alai shall be permitted for any 68 |
---|
105 | 97 | | stake, purse or reward, except in accordance with a license duly issued 69 |
---|
106 | 98 | | and unsuspended or unrevoked by the commissioner, shall be guilty of 70 |
---|
107 | 99 | | a class A misdemeanor. 71 |
---|
108 | 100 | | (n) The majority of the membership of the board of directors of any 72 |
---|
109 | 101 | | corporation licensed to operate the off-track betting system or to hold or 73 |
---|
110 | 102 | | conduct any meeting within the state of Connecticut at which racing or 74 |
---|
111 | 103 | | the exhibition of the game of jai alai shall be permitted for any stake, 75 |
---|
112 | 104 | | purse or reward, shall be residents of the state of Connecticut. 76 |
---|
113 | 105 | | (o) Any license granted under this section, other than an association 77 |
---|
114 | 106 | | license authorizing the licensee to conduct a meeting or operate the off-78 |
---|
115 | 107 | | track betting system, as described in subsection (a) of this section, or an 79 |
---|
126 | 114 | | manner as the commissioner shall prescribe by regulation. 84 |
---|
127 | 115 | | [(p) Any person or business organization issued a license to conduct 85 |
---|
128 | 116 | | dog racing shall establish a pet adoption program for the proper 86 |
---|
129 | 117 | | housing and care of retired greyhounds and shall provide financial 87 |
---|
130 | 118 | | support for such program and any facility operated to implement such 88 |
---|
131 | 119 | | program. 89 |
---|
132 | 120 | | (q) Any person or business organization issued a license to conduct 90 |
---|
133 | 121 | | dog racing pursuant to subsection (c) of section 12-574c shall employ 91 |
---|
134 | 122 | | persons who, at the time of employment, are recipients of assistance 92 |
---|
135 | 123 | | under the state-administered general assistance program, state 93 |
---|
136 | 124 | | supplement program, medical assistance program, temporary family 94 |
---|
137 | 125 | | assistance program or supplemental nutrition assistance program to fill 95 |
---|
138 | 126 | | not less than twenty per cent of the positions created by the conversion 96 |
---|
139 | 127 | | of a jai alai fronton to a dog race track if such persons have been trained 97 |
---|
140 | 128 | | for such employment by public or publicly funded agencies in 98 |
---|
141 | 129 | | coordination with such licensee. 99 |
---|
142 | 130 | | (r) Any person or business organization issued a license to conduct 100 |
---|
143 | 131 | | dog racing pursuant to subsection (c) of section 12-574c shall provide an 101 |
---|
144 | 132 | | on-site child care center, as described in section 19a-77, for use by 102 |
---|
145 | 133 | | employees of the dog race track. Such licensee shall employ persons 103 |
---|
146 | 134 | | who, at the time of employment, are recipients of aid under chapter 302 104 |
---|
147 | 135 | | or 308 to fill not less than fifty per cent of the positions at such child care 105 |
---|
148 | 136 | | center if such persons have been trained for such employment by public 106 |
---|
149 | 137 | | or publicly funded agencies in coordination with such licensee. 107 |
---|
150 | 138 | | (s) Notwithstanding any other provisions of this chapter to the 108 |
---|
151 | 139 | | contrary, any person or business organization issued a license to 109 |
---|
152 | 140 | | conduct dog racing may operate on a year-round basis and may conduct 110 |
---|
153 | 141 | | such number of performances as it may elect, provided the total number 111 |
---|
164 | 148 | | (a) The Department of Consumer Protection shall not issue a license 116 |
---|
165 | 149 | | authorizing any person, firm, corporation or association to conduct 117 |
---|
166 | 150 | | horse racing [, dog racing] or jai alai events. 118 |
---|
167 | 151 | | (b) Notwithstanding the provisions of subsection (a) of this section, 119 |
---|
168 | 152 | | the department may renew any license issued prior to May 23, 1979, to 120 |
---|
169 | 153 | | conduct horse racing or jai alai events or issue such a license to a 121 |
---|
170 | 154 | | currently operating facility. 122 |
---|
171 | 155 | | [(c) Notwithstanding the provisions of subsection (a) of this section, 123 |
---|
172 | 156 | | the department may, on or after July 5, 1991, issue one additional license 124 |
---|
173 | 157 | | authorizing a person or business organization to conduct dog racing to 125 |
---|
174 | 158 | | a person or business organization holding a license to conduct jai alai 126 |
---|
175 | 159 | | events or to the successor of such business organization upon the 127 |
---|
176 | 160 | | surrender of the license to conduct jai alai events.] 128 |
---|
177 | 161 | | [(d)] (c) No licensee shall move any horse race track [, dog race track] 129 |
---|
178 | 162 | | or jai alai fronton to any municipality other than the municipality in 130 |
---|
179 | 163 | | which such facility was located on July 5, 1991. 131 |
---|
180 | 164 | | Sec. 3. Section 12-574a of the general statutes is repealed and the 132 |
---|
181 | 165 | | following is substituted in lieu thereof (Effective October 1, 2021): 133 |
---|
182 | 166 | | (a) Whenever a person or business organization files an application 134 |
---|
183 | 167 | | with the department for a license to conduct an activity regulated by 135 |
---|
184 | 168 | | section 12-574, as amended by this act, exclusive of renewal license 136 |
---|
185 | 169 | | applications, the department shall forward within five days to the town 137 |
---|
186 | 170 | | clerk of the town within which such activity is proposed to be carried 138 |
---|
187 | 171 | | on a statement specifying the prospective applicant, the proposed 139 |
---|
188 | 172 | | activity, the site on which such activity is proposed to be conducted and 140 |
---|
189 | 173 | | the fact that an application has been filed with the department. Within 141 |
---|
202 | 182 | | in conformity with the provisions of section 9-369, or at a regular town 148 |
---|
203 | 183 | | election if such election is to be held more than sixty but not more than 149 |
---|
204 | 184 | | one hundred twenty days after such publication, such question shall be 150 |
---|
205 | 185 | | so submitted and the vote shall be taken in the manner prescribed by 151 |
---|
206 | 186 | | said section 9-369. The town clerk shall notify the department of the 152 |
---|
207 | 187 | | results of such election. The disapproval of the conducting of such 153 |
---|
208 | 188 | | activity by a majority of those voting on the question shall be a bar to 154 |
---|
209 | 189 | | the granting of a license to such applicant to conduct such activity at 155 |
---|
210 | 190 | | such location. All costs incurred by a municipality in connection with 156 |
---|
211 | 191 | | such referendum shall be paid to said municipality by the person or 157 |
---|
212 | 192 | | business organization filing such application for such license. The 158 |
---|
213 | 193 | | provisions of this subsection shall not apply to any licensee authorized 159 |
---|
214 | 194 | | to operate the off-track betting system with respect to any off-track 160 |
---|
215 | 195 | | betting facility approved prior to June 25, 1993. 161 |
---|
216 | 196 | | (b) No licensee may conduct any horse racing or jai alai event on any 162 |
---|
217 | 197 | | Sunday without the prior approval of the legislative body of the town 163 |
---|
218 | 198 | | in which the event is scheduled to take place. 164 |
---|
219 | 199 | | (c) No licensee authorized to operate the off-track betting system may 165 |
---|
220 | 200 | | conduct any off-track pari-mutuel wagering on any racing program on 166 |
---|
221 | 201 | | any Sunday without the prior approval of the legislative body of the 167 |
---|
222 | 202 | | town in which such off-track betting facility is located. 168 |
---|
223 | 203 | | [(d) Notwithstanding the provisions of subsection (a) of this section, 169 |
---|
224 | 204 | | the prior approval of the legislative body only of the town shall be 170 |
---|
225 | 205 | | required in the event the department issues a license pursuant to 171 |
---|
226 | 206 | | subsection (c) of section 12-574c.] 172 |
---|
227 | 207 | | Sec. 4. Section 12-575 of the general statutes is repealed and the 173 |
---|
235 | 209 | | (a) The department may permit at racing events, exhibitions of the 175 |
---|
236 | 210 | | game of jai alai licensed under the provisions of this chapter or at off-176 |
---|
237 | 211 | | track betting facilities, betting under a pari-mutuel system, so called, 177 |
---|
238 | 212 | | including standard pari-mutuel, daily double, exacta, quinella, trifecta, 178 |
---|
239 | 213 | | superfecta, twin trifecta, pick four and pick six betting, and such other 179 |
---|
240 | 216 | | forms of multiple betting as the department may determine. 180 |
---|
241 | 217 | | (b) The pari-mutuel system, so called, shall not be used or permitted 181 |
---|
242 | 218 | | at any location other than the race track at which the racing event is 182 |
---|
243 | 219 | | licensed to be conducted or the fronton at which the game of jai alai is 183 |
---|
244 | 220 | | licensed to be played or at an off-track betting facility operated by the 184 |
---|
245 | 221 | | department or by a licensee authorized to operate the off-track betting 185 |
---|
246 | 222 | | system. A computerized electronic totalizator system, approved by the 186 |
---|
247 | 223 | | commissioner, shall be used to conduct pari-mutuel wagering at each 187 |
---|
248 | 224 | | racing or jai alai event. A computerized electronic totalizator system 188 |
---|
249 | 225 | | approved by the commissioner and, where authorized by subsection (b) 189 |
---|
250 | 226 | | of section 12-571a, and approved by the commissioner, a simulcast 190 |
---|
251 | 227 | | system shall be used to conduct pari-mutuel wagering and simulcasting 191 |
---|
252 | 228 | | of off-track betting race programs at off-track betting facilities. The 192 |
---|
253 | 229 | | commissioner may require any licensee to submit information 193 |
---|
254 | 230 | | concerning the daily operation of such totalizator or simulcast system 194 |
---|
255 | 231 | | which [he] the commissioner deems necessary for the effective 195 |
---|
256 | 232 | | administration of this chapter, including records of all wagering 196 |
---|
257 | 233 | | transactions, in such form and manner as [he shall prescribe] the 197 |
---|
258 | 234 | | commissioner prescribes. 198 |
---|
259 | 235 | | (c) (1) Except as provided in subdivision (2) of this subsection, each 199 |
---|
260 | 236 | | licensee conducting horse racing events under the pari-mutuel system 200 |
---|
261 | 237 | | shall distribute all sums deposited in any pari-mutuel program to the 201 |
---|
262 | 238 | | holders of winning tickets therein, less seventeen per cent of the total 202 |
---|
263 | 239 | | deposits plus the breakage to the dime of the amount so retained [;] and 203 |
---|
264 | 240 | | each licensee conducting jai alai events shall distribute all sums 204 |
---|
265 | 241 | | deposited in any pari-mutuel program to the holders of winning tickets 205 |
---|
266 | 242 | | therein, less a maximum of eighteen per cent of the deposits in the win, 206 |
---|
280 | 252 | | dime of the amount so retained, or, shall distribute all sums deposited 214 |
---|
281 | 253 | | in all of its pari-mutuel programs conducted on any day to the holders 215 |
---|
282 | 254 | | of winning tickets therein less twenty per cent of the total deposits plus 216 |
---|
283 | 255 | | the breakage to the dime of the amount so retained, provided on and 217 |
---|
284 | 256 | | after July 1, 1992, each licensee conducting dog racing events on July 5, 218 |
---|
285 | 257 | | 1991, shall allocate four per cent of all sums deposited in any pari-219 |
---|
286 | 258 | | mutuel program to purses, one-quarter of one per cent to capital 220 |
---|
287 | 259 | | expenditures for alterations, additions, replacement changes, 221 |
---|
288 | 260 | | improvements or major repairs to or upon the property owned or leased 222 |
---|
289 | 261 | | by any such licensee and used for such racing events, and one-quarter 223 |
---|
290 | 262 | | of one per cent to promotional marketing, to reduce the costs of 224 |
---|
291 | 263 | | admission, programs, parking and concessions and to offer 225 |
---|
292 | 264 | | entertainment and giveaways. Each licensee conducting dog racing 226 |
---|
293 | 265 | | events shall, on an annual basis, submit to the department certified 227 |
---|
294 | 266 | | financial statements verifying the use of such allocations for purses, 228 |
---|
295 | 267 | | capital improvements and promotional marketing.] 229 |
---|
296 | 268 | | (2) Each licensee conducting horse racing or jai alai events may carry 230 |
---|
297 | 269 | | over all or a portion of the sums deposited in any pari-mutuel program, 231 |
---|
298 | 270 | | less the amount retained as herein provided, in the twin trifecta, pick 232 |
---|
299 | 271 | | four or pick six pari-mutuel pool to another pool, including a pool in a 233 |
---|
300 | 272 | | succeeding performance. 234 |
---|
301 | 273 | | (d) Each licensee conducting horse racing events under the pari-235 |
---|
302 | 274 | | mutuel system shall pay to the state, and there is hereby imposed: (1) A 236 |
---|
303 | 275 | | tax on the total money wagered in the pari-mutuel pool on each and 237 |
---|
304 | 276 | | every day the licensee conducts racing events, pursuant to the following 238 |
---|
305 | 277 | | schedule: 239 |
---|
318 | 286 | | T6 $400,001 to $500,001 5.25% on the entire pool |
---|
319 | 287 | | T7 $500,001 to $600,001 5.75% on the entire pool |
---|
320 | 288 | | T8 $600,001 to $700,001 6.25% on the entire pool |
---|
321 | 289 | | T9 $700,001 to $800,001 6.75% on the entire pool |
---|
322 | 290 | | T10 $800,001 to $900,001 7.25% on the entire pool |
---|
323 | 291 | | T11 $900,001 to $1,000,001 7.75% on the entire pool |
---|
324 | 292 | | T12 $1,000,001 and over 8.75% on the entire pool |
---|
325 | 293 | | |
---|
326 | 294 | | and (2) a tax equal to one-half of the breakage to the dime resulting 240 |
---|
327 | 295 | | from such wagering. The commissioner shall by regulation adopted in 241 |
---|
328 | 296 | | accordance with the provisions of chapter 54 designate the percentage 242 |
---|
329 | 297 | | of the difference between the seventeen per cent specified in subsection 243 |
---|
330 | 298 | | (c) of this section and the tax specified in this subsection, which shall be 244 |
---|
331 | 299 | | allocated as prize or purse money for the horses racing at each facility. 245 |
---|
332 | 300 | | [(e) Each licensee conducting dog racing events under the pari-246 |
---|
333 | 301 | | mutuel system shall pay to the state, and there is hereby imposed: (1) 247 |
---|
334 | 302 | | (A) A tax at the rate of two per cent on the total money wagered in the 248 |
---|
335 | 303 | | pari-mutuel pool on each and every day the licensee conducts racing 249 |
---|
336 | 304 | | events or (B) on or after July 1, 1993, in the case of any licensee licensed 250 |
---|
337 | 305 | | prior to July 5, 1991, (i) a tax at the rate of two per cent on any amount 251 |
---|
338 | 306 | | up to and including fifty million dollars of the total money wagered in 252 |
---|
339 | 307 | | the pari-mutuel pool in any state fiscal year during which a licensee 253 |
---|
340 | 308 | | licensed prior to July 5, 1991, conducts racing events, (ii) a tax at the rate 254 |
---|
341 | 309 | | of three per cent on any amount in excess of fifty million dollars and up 255 |
---|
342 | 310 | | to and including eighty million dollars of the total money wagered in 256 |
---|
343 | 311 | | the pari-mutuel pool in any state fiscal year during which a licensee 257 |
---|
344 | 312 | | licensed prior to July 5, 1991, conducts racing events, and (iii) a tax at 258 |
---|
345 | 313 | | the rate of four per cent on any amount in excess of eighty million 259 |
---|
357 | 321 | | is licensed to be played under the pari-mutuel system shall pay to the 265 |
---|
358 | 322 | | state and there is hereby imposed: (1) (A) A tax at the rate of two per 266 |
---|
359 | 323 | | cent on any amount up to and including fifty million dollars of the total 267 |
---|
360 | 324 | | money wagered on such games, (B) a tax at the rate of three per cent of 268 |
---|
361 | 325 | | any amount in excess of fifty million dollars and up to and including 269 |
---|
362 | 326 | | eighty million dollars of the total money wagered on such games, and 270 |
---|
363 | 327 | | (C) a tax at the rate of four per cent on any amount in excess of eighty 271 |
---|
364 | 328 | | million dollars of the total money wagered on such games, and (2) a tax 272 |
---|
365 | 329 | | equal to one-half of the breakage to the dime resulting from such 273 |
---|
366 | 330 | | wagering. 274 |
---|
367 | 331 | | [(g)] (f) The licensee authorized to operate the system of off-track 275 |
---|
368 | 332 | | betting under the pari-mutuel system shall pay to the state and there is 276 |
---|
369 | 333 | | hereby imposed: (1) A tax at the rate of three and one-half per cent on 277 |
---|
370 | 334 | | the total money wagered in the pari-mutuel pool on each and every day 278 |
---|
371 | 335 | | the licensee broadcasts racing events, and (2) a tax equal to one-half of 279 |
---|
372 | 336 | | the breakage to the dime resulting from such wagering. 280 |
---|
373 | 337 | | [(h)] (g) The commissioner shall assess and collect the taxes imposed 281 |
---|
374 | 338 | | by this chapter under such regulations as [he] the commissioner may 282 |
---|
375 | 339 | | prescribe, in accordance with the provisions of chapter 54. All taxes 283 |
---|
376 | 340 | | hereby imposed shall be due and payable by the close of the next 284 |
---|
377 | 341 | | banking day after each day's racing or jai alai exhibition. If any such tax 285 |
---|
378 | 342 | | is not paid when due, the commissioner shall impose a delinquency 286 |
---|
379 | 343 | | assessment upon the licensee in the amount of ten per cent of such tax 287 |
---|
380 | 344 | | or ten dollars, whichever amount is greater, plus interest at the rate of 288 |
---|
381 | 345 | | one and one-half per cent of the unpaid principal of such tax for each 289 |
---|
382 | 346 | | month or fraction of a month from the date such tax is due to the date of 290 |
---|
383 | 347 | | payment. Subject to the provisions of section 12-3a, the commissioner 291 |
---|
384 | 348 | | may waive all or part of the penalties provided under this subsection 292 |
---|
396 | 356 | | [(i)] (h) The commissioner shall devise a system of accounting and 298 |
---|
397 | 357 | | shall supervise betting at such track, fronton or off-track betting facility 299 |
---|
398 | 358 | | in such manner that the rights of the state are protected and shall collect 300 |
---|
399 | 359 | | all fees and licenses under such regulations as [he] the commissioner 301 |
---|
400 | 360 | | shall prescribe, in accordance with the provisions of chapter 54. 302 |
---|
401 | 361 | | [(j)] (i) The amount of unclaimed moneys, as determined by the 303 |
---|
402 | 362 | | commissioner, held by any licensee other than by licensees authorized 304 |
---|
403 | 363 | | to operate a jai alai fronton [, dog race track] or the off-track betting 305 |
---|
404 | 364 | | system on account of outstanding and uncashed winning tickets, shall 306 |
---|
405 | 365 | | be due and payable to the commissioner, for deposit in the General Fund 307 |
---|
406 | 366 | | of the state, at the expiration of one year after the close of the meeting 308 |
---|
407 | 367 | | during which such tickets were issued. If any such unclaimed moneys 309 |
---|
408 | 368 | | are not paid when due, the commissioner shall impose a delinquency 310 |
---|
409 | 369 | | assessment upon the licensee in the amount of ten per cent of such 311 |
---|
410 | 370 | | moneys or ten dollars, whichever amount is greater, plus interest at the 312 |
---|
411 | 371 | | rate of one and one-half per cent of the unpaid principal of such moneys 313 |
---|
412 | 372 | | for each month or fraction of a month from the date such moneys are 314 |
---|
413 | 373 | | due to the date of payment. Subject to the provisions of section 12-3a, 315 |
---|
414 | 374 | | the commissioner may waive all or part of the penalties provided under 316 |
---|
415 | 375 | | this subsection when it is proven to [his] the commissioner's satisfaction 317 |
---|
416 | 376 | | that the failure to pay such moneys to the state within the time required 318 |
---|
417 | 377 | | was due to reasonable cause and was not intentional or due to neglect. 319 |
---|
418 | 378 | | [(k)] (j) The commissioner may authorize deputies and the 320 |
---|
419 | 379 | | Commissioner of Revenue Services or his or her agents are authorized 321 |
---|
420 | 380 | | to enter upon the premises at any horse racing event, jai alai exhibition 322 |
---|
421 | 381 | | or off-track betting race event for the purpose of inspecting books and 323 |
---|
422 | 382 | | records, supervising and examining cashiers, ticket sellers, pool sellers 324 |
---|
423 | 383 | | and other persons handling money at said event and such other 325 |
---|
435 | 391 | | commissioner shall pay each such municipality having a population in 331 |
---|
436 | 392 | | excess of fifty thousand one per cent of the total money wagered at such 332 |
---|
437 | 393 | | horse racing events in such municipality. The commissioner shall pay 333 |
---|
438 | 394 | | each municipality in which a jai alai fronton [or dog race track] is located 334 |
---|
439 | 395 | | one-half of one per cent of the total money wagered on jai alai games [or 335 |
---|
440 | 396 | | dog racing events] at such fronton, [or dog race track,] except the 336 |
---|
441 | 397 | | commissioner shall pay each such municipality having a population in 337 |
---|
442 | 398 | | excess of fifty thousand one per cent of the total money wagered on jai 338 |
---|
443 | 399 | | alai games [or dog racing events] at such fronton [or dog race track] 339 |
---|
444 | 400 | | located in such municipality. The commissioner shall pay each 340 |
---|
445 | 401 | | municipality in which an off-track betting facility is located one and 341 |
---|
446 | 402 | | three-fifths per cent of the total money wagered in such facility less 342 |
---|
447 | 403 | | amounts paid as refunds or for cancellations. The commissioner shall 343 |
---|
448 | 404 | | pay to both the city of New Haven and the town of Windsor Locks an 344 |
---|
449 | 405 | | additional one-half of one per cent of the total money wagered less any 345 |
---|
450 | 406 | | amount paid as a refund or a cancellation in any facility equipped with 346 |
---|
451 | 407 | | screens for simulcasting after October 1, 1997, located within a fifteen-347 |
---|
452 | 408 | | mile radius of facilities in New Haven and Windsor Locks. Payment 348 |
---|
453 | 409 | | shall be made not less than four times a year and not more than twelve 349 |
---|
454 | 410 | | times a year as determined by the commissioner, and shall be made 350 |
---|
455 | 411 | | from the tax imposed pursuant to subsection (d) of this section for horse 351 |
---|
456 | 412 | | racing, subsection (e) of this section [for dog racing, subsection (f) of this 352 |
---|
457 | 413 | | section] for jai alai games and subsection [(g)] (f) of this section for off-353 |
---|
458 | 414 | | track betting. (2) [If, for any calendar year after the surrender of a license 354 |
---|
459 | 415 | | to conduct jai alai events by any person or business organization 355 |
---|
460 | 416 | | pursuant to subsection (c) of section 12-574c and prior to the opening of 356 |
---|
461 | 417 | | any dog race track by such person or business organization, any other 357 |
---|
462 | 418 | | person or business organization licensed to conduct jai alai events is 358 |
---|
463 | 419 | | authorized to conduct a number of performances greater than the 359 |
---|
476 | 428 | | fronton which conducted the additional performances, except the 366 |
---|
477 | 429 | | commissioner shall pay each such municipality having a population in 367 |
---|
478 | 430 | | excess of fifty thousand one per cent of the total money wagered on jai 368 |
---|
479 | 431 | | alai games for such increased performances at such fronton. (3) During 369 |
---|
480 | 432 | | any state fiscal year ending on or after June 30, 1993, the commissioner 370 |
---|
481 | 433 | | shall pay each municipality in which a dog race track was operating 371 |
---|
482 | 434 | | prior to July 5, 1991, one per cent of the total money wagered on dog 372 |
---|
483 | 435 | | racing events at such dog race track. (4) During the state fiscal year 373 |
---|
484 | 436 | | ending June 30, 2001, each municipality in which a dog race track was 374 |
---|
485 | 437 | | operating prior to July 5, 1991, shall pay the Northeast Connecticut 375 |
---|
486 | 438 | | Economic Alliance, Inc. two-tenths of one per cent of the total money 376 |
---|
487 | 439 | | wagered on dog racing events at any dog race track operating prior to 377 |
---|
488 | 440 | | July 5, 1991. (5)] In the event a licensee incurs a loss from the operation 378 |
---|
489 | 441 | | of a pari-mutuel facility, as determined by the commissioner, the 379 |
---|
490 | 442 | | legislative body of the city or town in which such facility is located may 380 |
---|
491 | 443 | | direct the commissioner to credit or rebate all or a part of the revenue 381 |
---|
492 | 444 | | otherwise due to the municipality back to the facility. In no case shall 382 |
---|
493 | 445 | | such credit and such reimbursement exceed the amount of the licensee's 383 |
---|
494 | 446 | | loss, and in no fiscal year shall these provisions affect the total fees paid 384 |
---|
495 | 447 | | to the state by the authorized operator of the off-track betting system on 385 |
---|
496 | 448 | | its off-track betting activities. 386 |
---|
497 | 449 | | Sec. 5. Section 12-578 of the general statutes is repealed and the 387 |
---|
498 | 450 | | following is substituted in lieu thereof (Effective October 1, 2021): 388 |
---|
499 | 451 | | (a) The commissioner shall adopt regulations, in accordance with the 389 |
---|
500 | 452 | | provisions of chapter 54, governing registration and the issuance and 390 |
---|
501 | 453 | | annual renewal of licenses and payment of annual nonrefundable 391 |
---|
502 | 454 | | application fees for the same in accordance with the following schedule: 392 |
---|
510 | 456 | | partnership name, one hundred dollars; and (C) colors, twenty dollars. 394 |
---|
511 | 457 | | [; (D) kennel name, one hundred dollars.] 395 |
---|
512 | 458 | | (2) Licenses: (A) Owner, one hundred dollars; (B) trainer, one 396 |
---|
513 | 459 | | hundred dollars; (C) assistant trainer, one hundred dollars; (D) jockey, 397 |
---|
514 | 460 | | forty dollars; (E) jockey agent, for each jockey, one hundred dollars; (F) 398 |
---|
515 | 463 | | stable employees, including exercise boy, groom, stable foreman, hot 399 |
---|
516 | 464 | | walker, outrider, twenty dollars; (G) veterinarian, one hundred dollars; 400 |
---|
517 | 465 | | (H) jockey apprentice, forty dollars; (I) driver, one hundred dollars; (J) 401 |
---|
518 | 466 | | valet, twenty dollars; (K) blacksmith, twenty dollars; (L) plater, twenty 402 |
---|
519 | 467 | | dollars; (M) concessionaire, for each concession, two hundred fifty 403 |
---|
520 | 468 | | dollars; (N) concessionaire affiliate, for each concession of the 404 |
---|
521 | 469 | | concessionaire, two hundred fifty dollars; (O) concession employees, 405 |
---|
522 | 470 | | twenty dollars; (P) jai alai players, one hundred dollars; (Q) officials and 406 |
---|
523 | 471 | | supervisors, one hundred dollars; (R) pari-mutuel employees, forty 407 |
---|
524 | 472 | | dollars; (S) other personnel engaged in activities regulated under this 408 |
---|
525 | 473 | | chapter, twenty dollars; (T) vendor, for each contract, two hundred fifty 409 |
---|
526 | 474 | | dollars; (U) totalizator, for each contract, two hundred fifty dollars; (V) 410 |
---|
527 | 475 | | vendor and totalizator affiliates, for each contract of the vendor or 411 |
---|
528 | 476 | | totalizator, two hundred fifty dollars; (W) gaming employee, forty 412 |
---|
529 | 477 | | dollars; (X) nongaming vendor, two hundred fifty dollars; (Y) gaming 413 |
---|
530 | 478 | | services, five hundred dollars; and (Z) gaming affiliate, two hundred 414 |
---|
531 | 479 | | fifty dollars. For the purposes of this subdivision, "concessionaire 415 |
---|
532 | 480 | | affiliate" means a business organization, other than a shareholder in a 416 |
---|
533 | 481 | | publicly traded corporation, that may exercise control in or over a 417 |
---|
534 | 482 | | concessionaire; and "concessionaire" means any individual or business 418 |
---|
535 | 483 | | organization granted the right to operate an activity at [a dog race track 419 |
---|
536 | 484 | | or] an off-track betting facility for the purpose of making a profit that 420 |
---|
537 | 485 | | receives or, in the exercise of reasonable business judgment, can be 421 |
---|
538 | 486 | | expected to receive more than twenty-five thousand dollars or twenty-422 |
---|
539 | 487 | | five per cent of its gross annual receipts from such activity at such [track 423 |
---|
540 | 488 | | or] facility. 424 |
---|
541 | 489 | | (b) The commissioner shall require each applicant for a license under 425 |
---|
555 | 499 | | (a) The commissioner may establish or authorize the establishment of 433 |
---|
556 | 500 | | such off-track betting facilities throughout the state for the purpose of 434 |
---|
557 | 501 | | receiving moneys wagered on the results of races or jai alai games as [he 435 |
---|
558 | 502 | | shall deem] the commissioner deems will serve the convenience of the 436 |
---|
559 | 503 | | public and provide maximum economy and efficiency of operation, 437 |
---|
560 | 504 | | provided the establishment of such a facility in any municipality for the 438 |
---|
561 | 505 | | purpose of receiving moneys on the results of races or jai alai games 439 |
---|
562 | 506 | | shall be subject to the approval of the legislative body of such 440 |
---|
563 | 507 | | municipality which shall be given only after a public hearing on the 441 |
---|
564 | 508 | | same. Until the effective date of transfer of ownership of the off-track 442 |
---|
565 | 509 | | betting system, moneys received at such facilities shall be deposited in 443 |
---|
566 | 510 | | a betting fund from which daily payments, in such amount as the 444 |
---|
567 | 511 | | commissioner deems suitable, shall be made. If an operator of an off-445 |
---|
568 | 512 | | track betting facility intends to conduct wagering on [dog racing events 446 |
---|
569 | 513 | | or] jai alai games, such operator (1) shall conduct wagering on [dog 447 |
---|
570 | 514 | | racing events or] jai alai games conducted by any association licensee 448 |
---|
571 | 515 | | which offers such [racing events or] games for off-track betting, 449 |
---|
572 | 516 | | provided such operator obtains the written consent of such licensee, and 450 |
---|
573 | 517 | | (2) may conduct wagering on out-of-state [dog racing events or] jai alai 451 |
---|
574 | 518 | | games when no such association licensee is conducting such [racing 452 |
---|
575 | 519 | | events or] games, provided such operator has complied with the 453 |
---|
576 | 520 | | provisions of subdivision (1) of this subsection. No operator of an off-454 |
---|
577 | 521 | | track betting facility shall conduct wagering on any [dog racing event 455 |
---|
578 | 522 | | or] jai alai game if such [racing event or] game is conducted within forty 456 |
---|
579 | 523 | | miles of such facility unless such operator has obtained the written 457 |
---|
580 | 524 | | consent of the licensee conducting such [racing event or] game. An 458 |
---|
588 | 526 | | of-state dog racing events. 460 |
---|
589 | 527 | | Sec. 7. Section 12-559 of the general statutes is repealed and the 461 |
---|
590 | 528 | | following is substituted in lieu thereof (Effective October 1, 2021): 462 |
---|
591 | 529 | | The commissioner may employ stewards for thoroughbred racing, 463 |
---|
592 | 530 | | judges for harness racing [, greyhound racing] and jai alai, and 464 |
---|
593 | 531 | | veterinarians who shall be exempt from classified service, and may 465 |
---|
594 | 532 | | employ, subject to the provisions of chapter 67, such other employees as 466 |
---|
595 | 535 | | may be necessary to carry out the provisions of this chapter. The 467 |
---|
596 | 536 | | commissioner shall require such persons to submit to state and national 468 |
---|
597 | 537 | | criminal history records checks before being employed. The criminal 469 |
---|
598 | 538 | | history records checks required pursuant to this section shall be 470 |
---|
599 | 539 | | conducted in accordance with section 29-17a. All persons employed 471 |
---|
600 | 540 | | pursuant to this section, with the exception of any steward, judge or 472 |
---|
601 | 541 | | veterinarian, shall be residents of the state at the time of and during the 473 |
---|
602 | 542 | | full term of their employment. 474 |
---|
603 | 543 | | Sec. 8. Subsection (b) of section 17a-713 of the general statutes is 475 |
---|
604 | 544 | | repealed and the following is substituted in lieu thereof (Effective October 476 |
---|
605 | 545 | | 1, 2021): 477 |
---|
606 | 546 | | (b) The program established by subsection (a) of this section shall be 478 |
---|
607 | 547 | | funded by imposition of: (1) A fee of one hundred thirty-five dollars on 479 |
---|
608 | 548 | | each association license, for each performance of jai alai [or dog racing] 480 |
---|
609 | 549 | | conducted under the provisions of chapter 226, provided no such 481 |
---|
610 | 550 | | licensee shall contribute more than forty-five thousand dollars in any 482 |
---|
611 | 551 | | one year; (2) a fee of twenty-five dollars for each teletheater performance 483 |
---|
612 | 552 | | on each operator of a teletheater facility; and (3) the amount received 484 |
---|
613 | 553 | | from the Connecticut Lottery Corporation pursuant to section 12-818. 485 |
---|
614 | 554 | | The Commissioner of Consumer Protection shall collect the fee from 486 |
---|
615 | 555 | | each association licensee or such operator on a monthly basis. The 487 |
---|
616 | 556 | | receipts shall be deposited in the General Fund and credited to a 488 |
---|
617 | 557 | | separate, nonlapsing chronic gamblers treatment and rehabilitation 489 |
---|
618 | 558 | | account which shall be established by the Comptroller. All moneys in 490 |
---|
626 | 560 | | the purposes established in subsection (a) of this section. 492 |
---|
627 | 561 | | Sec. 9. Subdivision (1) of subsection (b) of section 19a-342 of the 493 |
---|
628 | 562 | | general statutes is repealed and the following is substituted in lieu 494 |
---|
629 | 563 | | thereof (Effective October 1, 2021): 495 |
---|
630 | 564 | | (b) (1) Notwithstanding the provisions of section 31-40q, no person 496 |
---|
631 | 565 | | shall smoke: (A) In any building or portion of a building, partially 497 |
---|
632 | 566 | | enclosed shelter on a rail platform or bus shelter owned and operated 498 |
---|
633 | 567 | | or leased and operated by the state or any political subdivision thereof; 499 |
---|
634 | 570 | | (B) in any area of a health care institution; (C) in any area of a retail food 500 |
---|
635 | 571 | | store; (D) in any restaurant; (E) in any area of an establishment with a 501 |
---|
636 | 572 | | permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 502 |
---|
637 | 573 | | 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 503 |
---|
638 | 574 | | 30-37e or 30-37f, in any area of an establishment with a permit for the 504 |
---|
639 | 575 | | sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 505 |
---|
640 | 576 | | 2003, and, on and after April 1, 2004, in any area of an establishment 506 |
---|
641 | 577 | | with a permit issued for the sale of alcoholic liquor pursuant to section 507 |
---|
642 | 578 | | 30-22a or 30-26 or the bar area of a bowling establishment holding a 508 |
---|
643 | 579 | | permit pursuant to subsection (a) of section 30-37c; (F) within a school 509 |
---|
644 | 580 | | building or on the grounds of such school; (G) within a child care facility 510 |
---|
645 | 581 | | or on the grounds of such child care facility, except, if the child care 511 |
---|
646 | 582 | | facility is a family child care home, as defined in section 19a-77, such 512 |
---|
647 | 583 | | smoking is prohibited only when a child enrolled in such home is 513 |
---|
648 | 584 | | present; (H) in any passenger elevator, provided no person shall be 514 |
---|
649 | 585 | | arrested for violating this subsection unless there is posted in such 515 |
---|
650 | 586 | | elevator a sign which indicates that smoking is prohibited by state law; 516 |
---|
651 | 587 | | (I) in any dormitory in any public or private institution of higher 517 |
---|
652 | 588 | | education; or (J) on and after April 1, 2004, in any area of [a dog race 518 |
---|
653 | 589 | | track or] a facility equipped with screens for the simulcasting of off-track 519 |
---|
654 | 590 | | betting race programs or jai alai games. For purposes of this subsection, 520 |
---|
655 | 591 | | "restaurant" means space, in a suitable and permanent building, kept, 521 |
---|
656 | 592 | | used, maintained, advertised and held out to the public to be a place 522 |
---|
657 | 593 | | where meals are regularly served to the public, "school" has the same 523 |
---|
665 | 595 | | same meaning as provided in section 19a-342a, as amended by this act. 525 |
---|
666 | 596 | | Sec. 10. Subdivision (1) of subsection (b) of section 19a-342a of the 526 |
---|
667 | 597 | | general statutes is repealed and the following is substituted in lieu 527 |
---|
668 | 598 | | thereof (Effective October 1, 2021): 528 |
---|
669 | 599 | | (b) (1) No person shall use an electronic nicotine delivery system or 529 |
---|
670 | 600 | | vapor product: (A) In any building or portion of a building owned and 530 |
---|
671 | 601 | | operated or leased and operated by the state or any political subdivision 531 |
---|
672 | 602 | | thereof; (B) in any area of a health care institution; (C) in any area of a 532 |
---|
673 | 603 | | retail food store; (D) in any restaurant; (E) in any area of an 533 |
---|
674 | 606 | | establishment with a permit issued for the sale of alcoholic liquor 534 |
---|
675 | 607 | | pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-535 |
---|
676 | 608 | | 28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 536 |
---|
677 | 609 | | establishment with a permit issued for the sale of alcoholic liquor 537 |
---|
678 | 610 | | pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 538 |
---|
679 | 611 | | bowling establishment holding a permit pursuant to subsection (a) of 539 |
---|
680 | 612 | | section 30-37c; (F) within a school building or on the grounds of such 540 |
---|
681 | 613 | | school; (G) within a child care facility or on the grounds of such child 541 |
---|
682 | 614 | | care facility, except, if the child care facility is a family child care home 542 |
---|
683 | 615 | | as defined in section 19a-77, such use is prohibited only when a child 543 |
---|
684 | 616 | | enrolled in such home is present; (H) in any passenger elevator, 544 |
---|
685 | 617 | | provided no person shall be arrested for violating this subsection unless 545 |
---|
686 | 618 | | there is posted in such elevator a sign which indicates that such use is 546 |
---|
687 | 619 | | prohibited by state law; (I) in any dormitory in any public or private 547 |
---|
688 | 620 | | institution of higher education; or (J) in any area of [a dog race track or] 548 |
---|
689 | 621 | | a facility equipped with screens for the simulcasting of off-track betting 549 |
---|
690 | 622 | | race programs or jai alai games. For purposes of this subsection, 550 |
---|
691 | 623 | | "restaurant" means space, in a suitable and permanent building, kept, 551 |
---|
692 | 624 | | used, maintained, advertised and held out to the public to be a place 552 |
---|
693 | 625 | | where meals are regularly served to the public, and "school" has the 553 |
---|
694 | 626 | | same meaning as provided in section 10-154a. 554 |
---|
695 | 627 | | Sec. 11. Section 12-574d of the general statutes is repealed. (Effective 555 |
---|
703 | 629 | | This act shall take effect as follows and shall amend the following |
---|
704 | 630 | | sections: |
---|
705 | 631 | | |
---|
706 | 632 | | Section 1 October 1, 2021 12-574(i) to (s) |
---|
707 | 633 | | Sec. 2 October 1, 2021 12-574c |
---|
708 | 634 | | Sec. 3 October 1, 2021 12-574a |
---|
709 | 635 | | Sec. 4 October 1, 2021 12-575 |
---|
710 | 636 | | Sec. 5 October 1, 2021 12-578 |
---|
711 | 637 | | Sec. 6 October 1, 2021 12-572(a) |
---|
712 | 638 | | Sec. 7 October 1, 2021 12-559 |
---|
713 | 639 | | Sec. 8 October 1, 2021 17a-713(b) |
---|
714 | 640 | | Sec. 9 October 1, 2021 19a-342(b)(1) |
---|
715 | 641 | | Sec. 10 October 1, 2021 19a-342a(b)(1) |
---|