Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2409 Compare Versions

Only one version of the bill is available at this time.

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1	1	SENATE . . . . . . . . . . . . . . No. 2409
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 29, 2023.
8	8	The committee on Consumer Protection and Professional Licensure, to whom was
9	9	referred the petitions (accompanied by bill, Senate, No. 172) of Paul R. Feeney and Tackey Chan
10	10	for legislation to revitalize agriculture, conditioning and simulcasting; (accompanied by bill,
11	11	House, No. 273) of Tackey Chan relative to extending simulcasting and live horse racing
12	12	authorization; (accompanied by bill, House, No. 342) of Bradley H. Jones, Jr., and others for
13	13	legislation to authorize the comptroller to transfer funds from the Race Horse Development Fund
14	14	to the Community Preservation Trust Fund; (accompanied by bill, House, No. 361) of Adrian C.
15	15	Madaro relative to extending simulcasting and horse racing authorization; and (accompanied by
16	16	bill, House, No. 362) of Adrian C. Madaro relative to regulating horse racing, simulcasting and
17	17	wagering; and so much of the recommendations of the Massachusetts Gaming Commission
18	18	(House, No 3) as relates to further regulate horse racing (House, No. 4), reports the
19	19	accompanying bill (Senate, No. 2409).
20	20	For the committee,
21	21	John J. Cronin 1 of 77
22	22	FILED ON: 6/26/2023
23	23	SENATE . . . . . . . . . . . . . . No. 2409
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to revitalize agriculture, conditioning and simulcasting.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020
33	33	2Official Edition, as amended by section 1 of chapter 173 of the acts of 2022, is hereby further
34	34	3amended by striking out clause Tenth and inserting in place thereof the following:-
35	35	4 Tenth, “Illegal Gaming”, a banking or percentage game played with cards, dice, tiles,
36	36	5dominoes, or an electronic, electrical or mechanical device or machine for money, property,
37	37	6checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the
38	38	7state lottery commission under sections 24, 24A and 27 of chapter 10; (ii) a game conducted
39	39	8under chapter 23K; (iii) sports wagering conducted under chapter 10; (iv) wagering on races
40	40	9under chapters 23K ¼ and 23K ½; (v) a game of bingo conducted under chapter 271; (vi)
41	41	10charitable gaming conducted under said chapter 271; and (vii) a fantasy contest conducted under
42	42	11section 11M1/2.
43	43	12 SECTION 2. Section 2 of chapter 23K of the General Laws, as so appearing, is hereby
44	44	13amended by inserting after the definition of “Application”, the following definition:- 2 of 77
45	45	14 “Board”, the state racing board established in section 7A.
46	46	15 SECTION 3. Section 4 of chapter 23K of the General Laws, as so appearing, is hereby
47	47	16amended in clause (29) by inserting after the word “the”, in line 113, the following:- board or.
48	48	17 SECTION 4. Section 7 of chapter 23K of the General Laws, as amended by section 117
49	49	18of chapter 194 of the acts of 2011, is hereby further amended by striking out the section entirely,
50	50	19and inserting in place of the following:-
51	51	20 Section 7. (a) The commission shall administer and enforce appeals of decisions of the
52	52	21board related to pari-mutuel wagering and simulcasting.
53	53	22 (b) The commission may grant a simulcasting license to a gaming establishment subject
54	54	23to the provisions of sections 8 and 9 of chapter 23K ½; provided, however, that in granting any
55	55	24such license to a gaming establishment, the commission shall take into consideration the impact
56	56	25on facilities licensed under chapters 23K ¼ and 23K ½.
57	57	26 SECTION 5. Said chapter 23K of the General Laws, as so appearing, is hereby amended
58	58	27by inserting after section 7 the following section:-
59	59	28 Section 7A. There shall be within the commission a board to be known as the state racing
60	60	29board, in this chapter and in chapters 23K ¼ and 23K ½ called the board.
61	61	30 The board shall consist of three members, one who shall serve as chair, all to be
62	62	31appointed by the governor. Not more than two of such members shall be of the same political
63	63	32party. No person shall be appointed to the board nor be an employee thereof nor officiate at pari-
64	64	33mutuel meetings conducted in this commonwealth who is licensed or regulated, directly or
65	65	34indirectly, by the board other than for the position to which such person is appointed nor shall 3 of 77
66	66	35such person have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in
67	67	36any firm, association or corporation so licensed or regulated or which participates in pari-mutuel
68	68	37wagering or simulcasting in any manner nor shall such person participate in pari-mutuel
69	69	38wagering or simulcasting in any manner other than in such person’s official capacity. No person
70	70	39shall be a member of the board who is not of good moral character or who has been convicted of,
71	71	40or is under indictment for, a felony under the laws of Massachusetts or any other state, or the
72	72	41United States. Members of the board shall each possess not less than five years of responsible
73	73	42administrative experience in public or business administration; provided that the chair shall also
74	74	43have professional experience in gaming or racing regulatory administration or gaming or racing
75	75	44industry management; provided, further, that at least one member shall be licensed to practice
76	76	45veterinary medicine in the commonwealth with equine racing diagnosis and treatment or research
77	77	46experience.
78	78	47 Members shall receive salaries not greater than three-fourths of the salary of the
79	79	48commissioner of administration under section 4 of chapter 7; provided, however, that the chair
80	80	49shall receive a salary equal to the salary of the commissioner of administration. Members shall
81	81	50devote their full time and attention to the duties of their office.
82	82	51 Each member shall serve for a term of five years and shall hold office until
83	83	52reappointment, or the appointment and qualification of their successor; provided, however, that
84	84	53no member shall serve more than 15 years. The governor may remove any member for cause and
85	85	54shall fill any vacancy for the unexpired term. Whenever any action by the board is required to be
86	86	55in writing, such writing shall be sufficient when signed by the board chair. 4 of 77
87	87	56 Notwithstanding the provisions of section 7, the board shall administer and enforce
88	88	57chapters 23K ¼ and 23K ½ and any general and special law related to live racing, pari-mutuel
89	89	58wagering and simulcasting. The board shall serve as a host racing commission and an off-track
90	90	59betting commission for purposes of 15 U.S.C. 3001, et seq.
91	91	60 The day-to-day operations and general administration of the board, including all
92	92	61administrative functions of the board and all actions not expressly required by statute or
93	93	62regulation to be carried out by the board itself, shall, at the direction and under the board, be
94	94	63under the supervision of an executive director of racing, who shall be appointed by the chair of
95	95	64the board. The executive director of racing shall devote their full time during business hours to
96	96	65their duties hereunder. Subject to the provisions of subsections (k) through (w), inclusive, of
97	97	66section 3, the board may employ such other persons, in addition to the aforementioned executive
98	98	67director of racing, as the board may determine to be necessary to carry out such day-to-day
99	99	68operations and general administration of the board.
100	100	69 The board shall make an annual report in January of each year to the general court. That
101	101	70report shall include the following information with respect to the previous calendar year:
102	102	71statements of monies deposited in the Race Horse Development Fund established under section
103	103	7260, the Thoroughbred Horse Capital Improvements Trust Fund established under section 60A,
104	104	73and the Standardbred Horse Capital Improvements Trust Fund established under section 60B,
105	105	74together with a detailed account of monies disbursed from the funds, the specific capital
106	106	75improvements for which the disbursements were intended, and a report on which of the
107	107	76improvements have been accomplished; a statement of racing dates awarded to licensees,
108	108	77including those awarded in connection with a state or county fair; and a statement of the total
109	109	78amounts wagered at each race track, together with the monies paid to the commonwealth and the 5 of 77
110	110	79board, purses paid to horse owners and monies retained by each licensee, together with a
111	111	80statement of the net profit of each licensee taken from the financial statements filed under section
112	112	8111 of chapter 23K ¼. Copies of the report shall be transmitted to the governor, the president of
113	113	82the senate, the speaker of the house of representatives, the chairs of the house and senate
114	114	83committees on ways and means, the joint committee on consumer protection and professional
115	115	84licensure, and the joint committee on revenue.
116	116	85 SECTION 6. Section 19 of said chapter 23K, as so appearing, is hereby amended by
117	117	86striking out the figure “128A” each time it appears, and inserting in place thereof the following:-
118	118	8723K ¼.
119	119	88 SECTION 7. Said section 19 of said chapter 23K, as so appearing, is hereby further
120	120	89amended by striking out figure “128C” each time it appears, and inserting in place thereof the
121	121	90following:- 23K ½.
122	122	91 SECTION 8. Section 20 of said chapter 23K, as so appearing, is hereby amended by
123	123	92striking out the figure “128A” each time it appears, and inserting in place thereof the following:-
124	124	9323K ¼.
125	125	94 SECTION 9. Said section 20 of said chapter 23K, as so appearing, is hereby further
126	126	95amended by striking out figure “128C” each time it appears, and inserting in place thereof the
127	127	96following:- 23K ½.
128	128	97 SECTION 10. Section 24 of said chapter 23K, as so appearing, is hereby amended by
129	129	98striking out the figure “128A”, in line 2, and inserting in place thereof the following:- 23K ¼. 6 of 77
130	130	99 SECTION 11. Chapter 23K of the General Laws, as so appearing, is hereby amended by
131	131	100striking out section 60, and inserting in place thereof the following:-
132	132	101 Section 60. (a) There shall be established and set up on the books of the commonwealth a
133	133	102Race Horse Development Fund to be administered by the board. The fund shall consist of monies
134	134	103deposited under subsection (c) of section 55. The board shall make distributions from the Race
135	135	104Horse Development Fund to each licensee under chapter 23K ¼.
136	136	105 (b) The board shall make recommendations on how the funds received in subsection (a)
137	137	106shall be distributed between thoroughbred and standardbred racing facilities to support the
138	138	107thoroughbred and standardbred horse racing industries under this section. In making its
139	139	108recommendations, the board shall consider certain criteria including, but not limited to: (i) the
140	140	109average purses awarded at thoroughbred and standardbred racing facilities; (ii) the total
141	141	110employment numbers, both direct and indirect, attributable to each horse racing industry; (iii) the
142	142	111relative needs of each horse racing industry for increased purses; (iv) the amount of the live
143	143	112racing handle generated by each horse racing industry; and (v) the number of breeding and
144	144	113training farms of each industry that are located in the commonwealth. The board shall submit
145	145	114distribution recommendations to the clerks of the senate and house of representatives not later
146	146	115than 30 days before changing the distribution percentage; provided, however, that the total
147	147	116distribution percentage between the thoroughbred and standardbred racing industries shall not be
148	148	117changed by more than 10 percentage points in a given year.
149	149	118 (c) Funds received from the Race Horse Development Fund shall be distributed between
150	150	119thoroughbred and standardbred accounts, as approved by the board, as follows: 7 of 77
151	151	120 (i) 80 per cent of the funds approved by the board shall be deposited weekly into a
152	152	121separate, interest-bearing purse account to be established by and for the benefit of the horsemen;
153	153	122provided, however, that the earned interest on the account shall be credited to the purse account;
154	154	123and provided further, that licensees shall combine these funds with revenues from existing purse
155	155	124agreements to fund purses for live races consistent with those agreements with the advice and
156	156	125consent of the horsemen;
157	157	126 (ii) 16 per cent of the funds approved by the board shall be deposited as follows: (A) for a
158	158	127thoroughbred track, into the Massachusetts Thoroughbred Breeding Program authorized by the
159	159	128board; or (B) for a standardbred track, into the Massachusetts Standardbred Breeding Program
160	160	129authorized by the board;
161	161	130 (iii) 4 per cent shall be used to fund health and pension benefits for the members of the
162	162	131horsemen's organizations representing the owners and trainers at a horse racing facility for the
163	163	132benefit of the organization's members, their families, employees and others under the rule and
164	164	133eligibility requirements of the organization, as approved by the board; provided, however, that
165	165	134this amount shall be deposited within 5 business days of the end of each month into a separate
166	166	135account to be established by each respective horsemen's organization at a banking institution of
167	167	136its choice; and provided further, that of this amount, the board shall determine how much shall be
168	168	137paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred
169	169	138drivers organization at the horse racing facility for health insurance, life insurance or other
170	170	139benefits to active and disabled thoroughbred jockeys or standardbred drivers under the rules and
171	171	140eligibility requirements of that organization. 8 of 77
172	172	141 SECTION 12. Said Chapter 23K of the General Laws, as so appearing, is hereby
173	173	142amended by inserting after section 60, the following 2 new sections:-
174	174	143 Section 60A. There shall be established and set up on the books of the commonwealth a
175	175	144Thoroughbred Horse Capital Improvements Trust Fund to be administered by the board. During
176	176	145each calendar year each running horse track licensee under section 3 of chapter 23K ¼, other
177	177	146than a licensee holding a racing meeting in connection with a state or county fair, shall daily pay:
178	178	147the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , less one
179	179	148hundred thousand dollars, into the said trust fund under the direction and supervision of the state
180	180	149racing board members, as they are individuals, as trustees of said trust; provided, however, that
181	181	150the aforementioned sum of one hundred thousand dollars shall be allocated, subject to
182	182	151appropriation, to the Massachusetts council on compulsive gambling. Said trustees shall deposit
183	183	152all monies in said trust fund in one or more banks, at interest, within the commonwealth.
184	184	153 Said trustees may expend without appropriation all or any part of the Thoroughbred
185	185	154Horse Capital Improvements Trust Fund to a running horse track licensee in proportion to the
186	186	155amount deposited in said fund by said running horse track licensee for use as all or part of a
187	187	156capital expenditure for alterations, additions, replacements, changes, improvements or major
188	188	157repairs to or upon the property owned or leased by such licensee and used by it for the conduct of
189	189	158racing, but not for the costs of maintenance or of other ordinary operations, whether such costs
190	190	159have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in
191	191	160such trust fund which are attributable to racing operations conducted at a running horse track.
192	192	161 Said trustees shall prescribe terms and conditions for such grants and may designate
193	193	162specific capital improvements to be undertaken by a licensee; provided, however, that, prior to 9 of 77
194	194	163approving any expenditures from said trust funds for purposes not designated by the trustees, the
195	195	164trustees shall require the licensee to submit to them detailed business plans describing the
196	196	165specific capital improvements contemplated by the licensee and shall formally vote to permit
197	197	166such expenditures; provided, further, that under no circumstances shall the trustees permit the
198	198	167expenditure of trust funds for purposes not directly related to the improvement of running horse
199	199	168racing; and provided, further, that such terms and conditions for capital improvement projects
200	200	169shall include schedules of periodic payments to be prepared by the trustees in accordance with
201	201	170schedules contained in construction contracts for such capital improvement projects. Such
202	202	171licensee shall comply with all applicable provisions of chapter 149 unless such compliance is
203	203	172waived by the commission for cause.
204	204	173 No such expenditure for such capital improvements shall be approved by the trustees if
205	205	174such improvements are to be accomplished pursuant to a contract with a person, corporation,
206	206	175partnership, trust or any combination of the same or any other entity owned wholly or in part by
207	207	176a person, corporation, partnership, trust or any combination of the same or any other entity which
208	208	177owns or operates or holds any interest in any racetrack in the commonwealth.
209	209	178 The trustees shall hire the services of such architectural and engineering consultants or
210	210	179the services of such other consultants as they deem appropriate to advise them generally and to
211	211	180evaluate proposed capital improvement projects submitted to them for their approval.
212	212	181 Nothing herein contained shall preclude a running horse track from making capital
213	213	182improvements not funded in whole or in part from such funds; provided, however, that all sums
214	214	183approved by said trustees hereunder shall be expended in their entirety for capital improvements;
215	215	184provided, further, that any revision by said licensee in the making of capital improvements as 10 of 77
216	216	185hereinbefore provided, shall require separate written approval by the trustees therefor. All
217	217	186financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a
218	218	187statement signed under the pains and penalties of perjury by the chief financial officer of the
219	219	188licensee, setting forth the capital improvements made with funds obtained under this section and
220	220	189further certifying that such expenditures are treated as capital expenditures in the accompanying
221	221	190financial statements.
222	222	191 The trustees shall require from a running horse racetrack such vouchers, cancelled checks
223	223	192or other documents as said trustees deem necessary to verify that the expenditures from said
224	224	193funds were carried out in accordance with the provisions of this section.
225	225	194 Funds paid by licensees and deposited by the board in the Thoroughbred Horse Capital
226	226	195Improvements Trust Fund shall remain in said funds until expended under this section; provided,
227	227	196however, that any amount in said accounts as of December 31st of each year which has not been
228	228	197so expended or as to which no binding commitment has been made by said trustees shall
229	229	198thereupon be deposited in the Race Horse Development Fund established under section 60 of
230	230	199chapter 23K.
231	231	200 Section 60B. There shall be established and set up on the books of the commonwealth a
232	232	201Standardbred Horse Capital Improvements Trust Fund to be administered by the board. During
233	233	202each calendar year each harness horse track licensee under section 3 of chapter 23K ¼, other
234	234	203than a licensee holding a racing meeting in connection with a state or county fair shall daily pay:
235	235	204the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , and a sum
236	236	205equal to 2 per cent of the total amount wagered by patrons wagering on the speed or ability of a
237	237	206combination of more than one harness horse in a single pool, exotic wagering, so-called, into the 11 of 77
238	238	207said trust fund under the direction and supervision of the state racing board members, as they are
239	239	208individuals, as trustees of said trust. Said trustees shall deposit all monies in said trust fund in
240	240	209one or more banks, at interest within the commonwealth.
241	241	210 Said trustees may expend without appropriation all or any part of the Standardbred Horse
242	242	211Capital Improvements Trust Fund to a harness horse track licensee for use as all or part of a
243	243	212capital expenditure for alterations, additions, replacements, changes, improvements or major
244	244	213repairs to or upon the property owned or leased by such licensee and used by it for the conduct of
245	245	214racing, but not for the costs of maintenance or of other ordinary operations, whether such costs
246	246	215have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in
247	247	216such trust fund which are attributable to racing operations conducted at a harness horse track.
248	248	217 Said trustees shall prescribe terms and conditions for such grants and may designate
249	249	218specific capital improvements to be undertaken by the licensee; provided, however, that prior to
250	250	219approving any expenditures from said trust fund for purposes not designated by the trustees, the
251	251	220trustees shall require the licensee to submit to them detailed business plans describing the
252	252	221specific capital improvements contemplated by the licensee and shall formally vote to permit
253	253	222such expenditures; provided, further, that under no circumstances shall the trustees permit the
254	254	223expenditure of trust funds for purposes not directly related to the improvement of harness horse
255	255	224racing; provided, further, that such terms and conditions for capital improvement projects shall
256	256	225include schedules of periodic payments to be prepared by the trustees in accordance with
257	257	226schedules contained in construction contracts for such capital improvement projects. Such
258	258	227licensee shall comply with all applicable provisions of chapter 149 unless such compliance is
259	259	228waived by the commission in writing for cause. 12 of 77
260	260	229 No such expenditure for capital improvements shall be approved by the trustees if such
261	261	230improvements are to be accomplished pursuant to a contract with a person, corporation,
262	262	231partnership, trust or any combination of the same or any other entity owned wholly or in part by
263	263	232a person, corporation, partnership, trust or any combination of the same or any other entity which
264	264	233owns or operates or holds any interest in any racetrack in the commonwealth.
265	265	234 The trustees shall hire the services of such architectural and engineering consultants or
266	266	235the services of such other consultants as they deem appropriate to advise them generally and to
267	267	236evaluate capital improvement projects submitted to them for their approval.
268	268	237 Nothing herein contained shall preclude a harness horse track from making capital
269	269	238improvements not funded in whole or in part from such funds; provided, however, that all sums
270	270	239approved by said trustees hereunder shall be expended in their entirety for capital improvements;
271	271	240provided, further, that any revision by said licensee in the making of capital improvements as
272	272	241hereinbefore provided, shall require separate written approval by the trustees therefor. All
273	273	242financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a
274	274	243statement signed under the pains and penalties of perjury by the chief financial officer of the
275	275	244licensee, setting forth the capital improvements made with funds obtained under this section and
276	276	245further certifying that such expenditures are treated as capital expenditures in the accompanying
277	277	246statements.
278	278	247 The trustees shall require from a harness racetrack such vouchers, cancelled checks or
279	279	248other documents as said trustees deem necessary to verify that the expenditures from said funds
280	280	249were carried out in accordance with the provisions of this section. 13 of 77
281	281	250 Funds paid by licensees and deposited by the board in the Standardbred Horse Capital
282	282	251Improvements Trust Fund shall remain in said funds until expended under this section; provided,
283	283	252however, that any amount in said accounts as of December 31st of each year which has not been
284	284	253so expended or as to which no binding commitment has been made by said trustees shall
285	285	254thereupon be deposited in the Race Horse Development Fund established under section 60 of
286	286	255chapter 23K.
287	287	256 SECTION 13. The General Laws, as so appearing, is hereby amended by inserting after
288	288	257Chapter 23K the following two chapters:-
289	289	258 CHAPTER 23K ¼.
290	290	259 HORSE RACING MEETINGS.
291	291	260 Section 1. Terms used in this chapter shall, unless the context otherwise requires, be
292	292	261construed as follows:-
293	293	262 “Board”, the state racing board established in chapter 23K.
294	294	263 ''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing
295	295	264meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered.
296	296	265 ''Commission'', the Massachusetts gaming commission established in chapter 23K.
297	297	266 ''Racing meeting'' shall include every meeting within the commonwealth where horses are
298	298	267raced and where any form of betting or wagering on the speed or ability of horses shall be
299	299	268permitted, but shall not include any meeting where no such betting or wagering is permitted even
300	300	269though horses or their owners, are awarded certificates, ribbons, premiums, purses, prizes or a
301	301	270portion of gate receipts for speed or ability shown. 14 of 77
302	302	271 ''Race track'' shall include the track, grounds, auditorium, amphitheatre or bleachers, if
303	303	272any, and adjacent places used in connection therewith, where a horse racing meeting may be
304	304	273held; provided, however, that each person licensed to conduct a running horse racing meeting,
305	305	274other than a licensee holding a racing meeting in connection with a state or county fair, shall
306	306	275conduct the racing meeting on a race track with a racing strip of not less than 1 mile.
307	307	276 ''Rebate'', money returned, which was not the result of winning a prize from the wagered
308	308	277competition pursuant to this chapter and chapter 23K ½, to a bettor by a racing meeting licensee
309	309	278based on a percentage of his wager.
310	310	279 ''State or county fair'' shall mean an agricultural fair or exhibition, the main purpose of
311	311	280which is the encouragement, improvement or extension of agriculture by competitive exhibits of
312	312	281agricultural products, including exhibits described in paragraph (f) of section 2 of chapter 128,
313	313	282and of varied types of available livestock, with youth participation therein, and the display of
314	314	283agricultural machinery, implements and other improvements of interest to dairy and produce
315	315	284farmers and horticulturists.
316	316	285 Section 2. Any person desiring to hold or conduct a horse racing meeting within the
317	317	286commonwealth shall make an application to the state racing board established in chapter 23K for
318	318	287a license so to do. Such application shall state:
319	319	288 (1) The name of the applicant.
320	320	289 (2) The post office address of the applicant, and if a corporation, the name of the state
321	321	290under the laws of which it is incorporated, the location of its principal place of business and the
322	322	291names and addresses of its directors and stockholders. 15 of 77
323	323	292 (3) The location of the race track where it is proposed to hold or conduct such meeting.
324	324	293 (4) The days on which it is intended to hold or conduct such a meeting.
325	325	294 (5) The hours of each day between which it is intended to hold or conduct racing at such
326	326	295meeting, which hours shall be not before ten o'clock ante meridian for horse racing except as
327	327	296provided for in section 3, nor later than seven o'clock post meridian for running horse racing nor
328	328	297later than twelve o'clock midnight for harness horse racing.
329	329	298 (6) Answers to such other questions as the board may prescribe, and
330	330	299 (7) That the applicant will comply, in case such license be issued, with all applicable laws
331	331	300and with all applicable rules and regulations prescribed by the board.
332	332	301 Such application shall be filed with the board on or before October 1st of the calendar
333	333	302year preceding the calendar year for which application requests a license to be issued under this
334	334	303chapter; and the board shall grant or dismiss such application not later than the November 15th
335	335	304next following; provided, however, that a supplementary application by a licensee for a
336	336	305subsequent license in the calendar year for which a license had theretofore been issued to such
337	337	306licensee and relating to the same premises as were specified in the previously issued license, and
338	338	307supplementary applications by a licensee for additional licenses under section 4, may be filed
339	339	308with the board at any time prior to the expiration of said calendar year for which a license had
340	340	309theretofore been issued to said licensee; and the board shall grant or dismiss such applications
341	341	310within 30 days of the date of filing. Such applications shall be signed and sworn to, if made by
342	342	311an individual, by such individual; if made by two or more individuals or a partnership, by one of
343	343	312such individuals or by a member of such partnership, as the case may be, if made by a trust, by a 16 of 77
344	344	313trustee of such trust, and, if made by an association or corporation, by the president or vice
345	345	314president thereof. The board may prescribe forms to be used in making such applications.
346	346	315 With such application there shall be delivered to the board a certified check or bank draft,
347	347	316payable to the board, weekly in advance for the full amount of the license fee required by this
348	348	317chapter.
349	349	318 Section 3. If any application for a license, filed as provided by section 2, shall be in
350	350	319accordance with the provisions of this chapter, the board, after reasonable notice and a public
351	351	320hearing in the city or town wherein the license is to be exercised, may issue a license to the
352	352	321applicant to conduct a racing meeting, in accordance with the provisions of this chapter, at the
353	353	322race track specified in such application; provided, that if the board has already taken action on an
354	354	323application for any calendar year, after such notice and public hearing, no other public hearing
355	355	324need be held on any other application from the same applicant relating to the same premises filed
356	356	325prior to the expiration of said year; and provided, further, that on an application for a license to
357	357	326conduct a horse racing meeting in connection with a state or county fair the applicant shall show
358	358	327a certificate from the commissioner of food and agriculture that (1) such fair is a state or county
359	359	328fair as defined in section one, (2) such fair has been operating for each of the five consecutive
360	360	329years immediately preceding the date of filing such application and had received for each of said
361	361	330five consecutive years assistance from the agricultural purposes fund, (3) such fair is properly
362	362	331qualified as hereinafter in this paragraph provided and (4) the location where such racing
363	363	332meeting is to be held is annually approved by him and by the board of agriculture; and provided,
364	364	333further, that on an application for a license to conduct a horse racing meeting in connection with
365	365	334a state or county fair by an applicant to whom a prior license to conduct such a racing meeting at
366	366	335the race track specified in said application has been granted by the board, no hearing need be 17 of 77
367	367	336held, unless a request, signed by at least one per cent of the registered voters of the city or town
368	368	337in which the track is located, is filed with the board not later than thirty days following the
369	369	338granting of said license. In determining whether a fair is properly qualified under this paragraph,
370	370	339the commissioner of food and agriculture shall consider the number of days such fair has
371	371	340operated each previous year, the area of the land used for fair purposes, the number of entries in
372	372	341agricultural show events in previous years, the number and value of prizes offered in such events
373	373	342and whether or not the granting of a racing license would tend to promote the agricultural
374	374	343purposes of the fair.
375	375	344 Such license shall state:
376	376	345 (1) The name of the person to whom the same is issued,
377	377	346 (2) The location of the race track where the racing meeting thereby authorized is to be
378	378	347held,
379	379	348 (3) The days on which such meeting may be held or conducted,
380	380	349 (4) The hours of each day between which racing may take place at such meeting, and
381	381	350 (5) That the required license fee has been received by the commission.
382	382	351 No license shall be issued which would permit a racing meeting to be held or conducted
383	383	352except under the following conditions:
384	384	353 (a) No license shall be issued for more than an aggregate of 200 racing days in any 1 year
385	385	354at all running horse racing meetings combined, not including running horse racing meetings held
386	386	355in connection with state or county fairs. 18 of 77
387	387	356 (b) No license shall be issued for more than an aggregate of 200 racing days in any 1 year
388	388	357at all harness horse racing meetings combined, including harness horse racing meetings at state
389	389	358or county fairs.
390	390	359 (c) Licenses shall permit racing meetings only between the hours of 10:00 a.m. and 12:00
391	391	360midnight. The board shall grant authorized dates at such times that are consistent with the best
392	392	361interests of racing and the public; provided, however, that dates for racing meetings held in
393	393	362connection with a state or county fair may only be awarded during the period between June 15
394	394	363and October 15. The board may, in its discretion, on written application from a racing licensee
395	395	364made at least 7 days prior to the date of any proposed change of time stated in the racing license
396	396	365and without necessity for further public hearing, change the hours of conducting such racing
397	397	366meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license;
398	398	367provided, however, that, if by reason of state or national emergency, night illumination is
399	399	368forbidden by public authority, then the board may, in its discretion, issue a license to permit
400	400	369racing at such hours as the board shall determine between the hours of 10:00 a. m. and 12:00
401	401	370midnight. For the purpose of imposing the fee provided for in section 4, computing the sums
402	402	371payable to the board under section 9 and counting the number of days authorized by clauses (a)
403	403	372and (b), any racing meeting held after 7:00 p.m. on the same day on which a racing meeting is
404	404	373held at the same race track prior to 7:00 p.m. shall be considered a separate day of racing.
405	405	374 (d) Each county shall have not more than 1 racing meeting licensee, except in connection
406	406	375with a state or county fair.
407	407	376 (e) No license shall be issued to any person who is in any way in default, under the
408	408	377provisions of this chapter, in the performance of any obligation or in the payment of any debt to 19 of 77
409	409	378the board; provided, however, that no license shall be issued to any person who has, within 10
410	410	379years of the time of filing the application for the license, been convicted of violating section 9.
411	411	380 (f) In granting authorized dates under this section, the board shall take into consideration,
412	412	381in addition to any other appropriate and pertinent factors, the following: the financial ability of
413	413	382an applicant to operate a race track; the maximization of state revenues; the suitability of racing
414	414	383facilities for operation at the time of the year for which dates are assigned; the circumstance that
415	415	384large groups of spectators require safe and convenient facilities; the interest of members of the
416	416	385public in racing competition honestly managed and of good quality; the necessity of having and
417	417	386maintaining proper physical facilities for racing meetings and the necessity of according fair
418	418	387treatment to the economic interest and investments of those who in good faith have provided and
419	419	388maintain such facilities. Notwithstanding the foregoing provisions of this section, the board shall
420	420	389have the right to review and reconsider without further notice or public hearing any application
421	421	390made prior to October 1 for which racing dates have been requested for the following year;
422	422	391provided that the application has had a public hearing prior to November 15; and provided,
423	423	392further, that any applicant who has been denied these racing dates makes a written request for
424	424	393review and reconsideration within 90 days of receiving notice of the denial; and provided further,
425	425	394that the commission shall reconsider and review the request within 180 days of the denial.
426	426	395 (g) No license shall be transferable, except with the approval of the board.
427	427	396 (h) No license shall be issued to permit horse racing meetings to be held on premises
428	428	397owned by the commonwealth or any political subdivision thereof.
429	429	398 (j) No license shall be issued to any person to hold or conduct a horse racing meeting in
430	430	399connection with a state or county fair or any exhibition for the encouragement or extension of 20 of 77
431	431	400agriculture under the reduced license fee provided in section 4, unless the applicant shall first
432	432	401satisfy the board that the main purpose of the fair or exhibition is the encouragement or extension
433	433	402of agriculture and that the same constitutes a bona fide exhibition of that character. No license
434	434	403shall be issued to a person to hold or conduct a horse racing meeting in connection with a state or
435	435	404county fair or any exhibition for the encouragement or extension of agriculture for more than 15
436	436	405days in a calendar year.
437	437	406 (k) No license shall be issued unless the person applying therefor shall have executed and
438	438	407delivered to the board a bond payable to the board in the amount of $1,250,000 with a surety or
439	439	408sureties approved by the board conditioned upon the payment of all sums which may become
440	440	409payable to the board under this chapter; provided, however, that the amount of such bond, in the
441	441	410case of any person holding or conducting a racing meeting in connection with a state or county
442	442	411fair, shall be $250,000.
443	443	412 (l) Every license shall be recorded in the office of the clerk of the city or town in which
444	444	413the racing meeting is held or conducted at a time not less than 5 days before the first day of the
445	445	414meeting or forthwith upon the issuance of the license if the same shall be issued after that time.
446	446	415After the license is so recorded, a duly certified copy thereof shall forthwith be conspicuously
447	447	416displayed and shall be kept so displayed continuously during the racing meeting in the principal
448	448	417business office at the race track where the meeting is held and at all reasonable times shall be
449	449	418exhibited to any person requesting to see the same.
450	450	419 (m) Every licensee shall keep conspicuously posted in various places on its premises a
451	451	420notice containing the name and numbers of the council on compulsive gambling and a statement
452	452	421of its availability to offer assistance. 21 of 77
453	453	422 Section 4. The fee for the license provided for in section 3 shall be $300 or three-fourths
454	454	423of one-tenth of one per cent of the average daily handle of the previous calendar year for each
455	455	424day of any running horse or harness horse racing meeting, whichever is the greater amount;
456	456	425provided, however, that a reduced fee, applicable to a license to any person holding or
457	457	426conducting a horse racing meeting in connection with a state or county fair, or any exhibition for
458	458	427the encouragement or extension of agriculture, shall not exceed $100 for each day of such horse
459	459	428racing meeting.
460	460	429 If for any reason or cause, beyond the control of and through no fault or neglect of any
461	461	430licensee and while such licensee is not in default, it should become impossible or impracticable
462	462	431to conduct racing upon any day or successive days specified in a license issued by the board, the
463	463	432board at the request of the licensee may, and upon proper showing shall, request the state
464	464	433treasurer to refund to the licensee an amount equal to the license fees paid for days on which
465	465	434such licensee does not hold or conduct a racing meeting under the terms of the license issued for
466	466	435such purpose. Upon receipt of such request, the state treasurer shall forthwith pay such amount to
467	467	436such licensee. The board may, upon application of any such licensee, and upon the payment of
468	468	437the required license fees, grant an additional license for not more than the number of days on
469	469	438which it was impossible or impracticable to conduct racing, which days shall not be counted in
470	470	439the aggregate of racing days permitted by section 3. The decision of the board as to such
471	471	440impossibility or impracticability shall be final.
472	472	441 No license fee for the privilege of holding or conducting a horse racing meeting, or for
473	473	442any other purpose peculiarly incidental to the holding or conducting of such a meeting, shall be
474	474	443imposed upon or collected from such a licensee by any city or town. 22 of 77
475	475	444 Section 5. (a) The provisions of section 181 of chapter 140, and of sections 31, 33 and 34
476	476	445of chapter 271, and of chapter 494 of the acts of 1908 shall not apply to race tracks or racing
477	477	446meetings laid out and conducted by licensees under this chapter or to animals eligible to race at
478	478	447such meetings; except that no license shall be granted by the board for a racing meeting in any
479	479	448city or town, except in connection with a state or county fair, unless the location of the race track
480	480	449where such meeting is to be held or conducted has been once approved by the mayor and city
481	481	450council or the town council or the selectmen as provided by said section 33 of said chapter 271,
482	482	451after a public hearing, seven days’ notice of the time and place of which hearing shall have been
483	483	452given by posting in a conspicuous public place in such city or town and by publication in a
484	484	453newspaper published in such city or town, if there is any published therein, otherwise in a
485	485	454newspaper published in the county wherein such city or town is situated, and a majority of the
486	486	455registered voters of such city or town voting on the described location relative to granting such
487	487	456licenses have voted in the affirmative within the same calendar year as such approval by a mayor
488	488	457and city council or the town council or the selectmen.
489	489	458 (b) A certified copy of the results of a vote on a question submitted to the voters of a
490	490	459political subdivision, in accordance with the provisions of this chapter, relative to granting a
491	491	460license for a horse racing meeting or horse races at fairs, shall be sent by the state secretary, or
492	492	461by the city or town clerk in the case of a vote by a city or town, to the board within 90 days after
493	493	462the election.
494	494	463 Section 6. The board shall have full discretion to refuse to grant a license to any applicant
495	495	464for a license or to suspend or revoke the license of any licensee. If any license is suspended or
496	496	465revoked, the board shall make a record of its reasons for doing so and such record shall be made
497	497	466available to any person requesting to inspect the same. 23 of 77
498	498	467 Section 7. Except in the case of a publicly held corporation, no person, firm, partnership,
499	499	468trust, association or corporation who has been granted a license to conduct a horse racing
500	500	469meeting, or an officer, director or the beneficial owner of 10 per cent or more of the stock of a
501	501	470corporation holding such a license, shall sell, transfer, convey or cause to be transferred, singly
502	502	471or in concert with others, more than 10 per cent of the value or stock of the facility or corporation
503	503	472so licensed without first obtaining the written approval of the board.
504	504	473 The board shall approve such sale, transfer or conveyance unless it finds that the
505	505	474consideration therefor is (i) inadequate or (ii) without good cause, (iii) that the sale or transfer
506	506	475results in an undesirable concentration of ownership of racing facilities within the
507	507	476commonwealth, or (iv) that the sale or transfer has an adverse impact upon the integrity of the
508	508	477racing industry.
509	509	478 A publicly held corporation, shall, prior to the sale, transfer or conveyance of more than
510	510	47910 per cent of the stock of the corporation, file notice of such action with the board. A copy of
511	511	480any filing required by state or federal securities law regarding notice of such sale, transfer or
512	512	481conveyance shall be simultaneously filed with the board. The board shall have the same rights as
513	513	482to transferees as it would have with respect to original applicants for licensure.
514	514	483 Section 8. At least 85 per cent of the persons employed by a licensee at a racing meeting
515	515	484held or conducted by them shall be citizens of the commonwealth and shall have been such
516	516	485citizens for at least two years immediately prior to such employment.
517	517	486 Section 9. (a) Before holding or conducting a racing meeting, every licensee shall provide
518	518	487a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or
519	519	488conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and 24 of 77
520	520	489supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses
521	521	490performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel
522	522	491or certificate method of wagering upon such races so conducted shall not under any
523	523	492circumstances be held or construed to be unlawful, notwithstanding any general or special law to
524	524	493the contrary. Such place or places shall be equipped with automatic betting machines capable of
525	525	494accurate and speedy determination of awards or dividends to winning patrons, and all such
526	526	495awards or dividends shall be calculated by a totalisator machine or like machine, except at state
527	527	496or county fairs.
528	528	497 (b) No other place or method of betting, poolmaking, wagering or gambling shall be used
529	529	498or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-
530	530	499mutuel or certificate system of wagering on any races except at the track where such pari-mutuel
531	531	500or certificate system of wagering is conducted; provided, however, that this prohibition shall not
532	532	501apply to simulcast wagering authorized under chapter 23K ½ nor to account wagering
533	533	502authorized under section 10 of said chapter.
534	534	503 (c) Each licensee conducting a running horse racing meeting, other than a licensee
535	535	504holding a racing meeting in connection with a state or county fair, shall return to the winning
536	536	505patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so
537	537	506deposited as an award or dividend, according to the acknowledged and recognized rules and
538	538	507methods under which such pari-mutuel or certificate system has been operated, less the breaks
539	539	508and less an amount not to exceed 19 per cent of the total amount so deposited by patrons
540	540	509wagering on the speed or ability of any 1 running horse; and each such licensee shall return to
541	541	510the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a
542	542	511single pool, also known as an exotic wager, all sums so deposited as an award or dividend, 25 of 77
543	543	512according to the acknowledged and recognized rules and methods under which such pari-mutuel
544	544	513or certificate system has been operated, less the breaks and less an amount not to exceed 26 per
545	545	514cent of the total amount deposited. Each licensee shall:
546	546	515 (1) pay to the board on the day following each day of such running horse racing meeting
547	547	516a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so
548	548	517wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld,
549	549	518as provided in this section, from the total amount wagered;
550	550	519 (2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day
551	551	520following each day of such running horse racing meeting a sum equal to 1 per cent of the total
552	552	521amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and
553	553	522from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of
554	554	523subsection (g) of section 2 of chapter 128;
555	555	524 (3) allocate from the total amount deposited daily by the patrons wagering at the meeting
556	556	525a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from
557	557	526the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to
558	558	527the horse owners in accordance with the rules and established customs of conducting running
559	559	528horse racing meetings and, with the approval of the appropriate horsemen's association
560	560	529representing the horse owners racing at that meeting, for payment of administrative and
561	561	530horseracing operations, and the monies shall be in addition to monies deposited into a separate
562	562	531purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
563	563	532 (5) pay a sum equal to 0.25 per cent from the 19 per cent and 26 per cent withheld from
564	564	533the total amount wagered by patrons so wagering and the total sum of the breaks annually into 26 of 77
565	565	534the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund, under the
566	566	535direction and supervision of the state racing board members as they are individuals as trustees of
567	567	536said trust;
568	568	537 (6) pay to Tufts University School of Veterinary Medicine on the day following each day
569	569	538of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited
570	570	539by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for
571	571	540equine research scholarships and loans.
572	572	541 Each licensee may retain as its commission on the total of all sums so deposited, a sum
573	573	542not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the
574	574	543total amounts wagered less the amounts required to be paid under clauses (1) to (6), inclusive.
575	575	544 (d) Each licensee conducting a harness horse racing meeting shall return to the winning
576	576	545patrons wagering on the speed or ability of any 1 harness horse in a race or races all sums so
577	577	546deposited as an award or dividend, according to the acknowledged and recognized rules and
578	578	547methods under which such pari-mutuel or certificate system has been operated, less the breaks
579	579	548and less an amount not to exceed 19 per cent of the total amount so deposited by patrons
580	580	549wagering on the speed or ability of any 1 harness horse; and each such licensee shall return to the
581	581	550winning patrons wagering on the speed or ability of a combination of more than 1 horse in a
582	582	551single pool, also known as an exotic wager, all sums so deposited as an award or dividend,
583	583	552according to the acknowledged and recognized rules and methods under which such pari-mutuel
584	584	553or certificate system has been operated, less the breaks and less an amount not to exceed 26 per
585	585	554cent of the total amount so deposited. Each such licensee, including a licensee holding a harness
586	586	555horse racing meeting in connection with a state or county fair, shall: 27 of 77
587	587	556 (1) pay to the board on the day following each day of such harness horse racing meeting,
588	588	557excluding races conducted in connection with a state or county fair, a sum equal to 0.75 per cent
589	589	558of the total amount deposited on the preceding day by patrons so wagering at the meeting, the
590	590	559percentage to be paid from the 19 per cent withheld from the straight wagers or 26 per cent
591	591	560withheld from the exotic wagers as provided under this section;
592	592	561 (2) pay to the Massachusetts Standardbred Breeders program established under
593	593	562subsection (j) of section 2 of chapter 128, on the day following each day of the harness horse
594	594	563racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the
595	595	564breaks, and taken from the 19 per cent withheld from the straight wagers and a sum equal to 1.5
596	596	565per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent
597	597	566withheld from the exotic wagers; the monies to be used for the purposes of said subsection (j) of
598	598	567said section 2 of said chapter 128;
599	599	568 (3) allocate from the total amount deposited daily by the patrons wagering at such
600	600	569meeting a sum equal to 8 per cent from the 19 per cent withheld and a sum equal to 10 per cent
601	601	570from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses
602	602	571to the horse owners in accordance with the rules and established customs of conducting harness
603	603	572horse racing meetings; the monies shall be in addition to monies deposited into a separate purse
604	604	573account as simulcast premiums received under section 2 of chapter 23K ½ ;
605	605	574 (5) pay the total sum of the breaks and a sum equal to 2 per cent of the total amount of
606	606	575the exotic wagers into the trust fund known as the Standardbred Horse Capital Improvements
607	607	576Trust Fund, under the direction and supervision of the state racing board members as they are
608	608	577individuals as trustees of the trust. 28 of 77
609	609	578 Each licensee may retain as its commission on the total of all sums deposited, a sum not
610	610	579exceeding the balance of the 19 per cent withheld from the straight wagers or the 26 per cent
611	611	580withheld from the exotic wagers as provided in this section less the amounts required to be paid
612	612	581under clauses (1) to (5), inclusive.
613	613	582 (f) Each licensee conducting a running horse racing meeting in connection with a state or
614	614	583county fair shall return to the winning patrons wagering on the speed or ability of any 1 running
615	615	584horse in a race or races all sums so deposited as an award or dividend, according to the
616	616	585acknowledged and recognized rules and methods under which such pari-mutuel or certificate
617	617	586system has been operated, less the breaks and less an amount not to exceed 19 per cent of the
618	618	587total amount so deposited by patrons wagering on the speed or ability of any 1 running horse.
619	619	588 Each such licensee shall return to the winning patrons wagering on the speed or ability of
620	620	589a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so
621	621	590deposited as an award or dividend, according to the acknowledged and recognized rules and
622	622	591methods under which pari-mutuel or certificate system has been operated, less the breaks and
623	623	592less an amount not to exceed 26 per cent of the total amount so deposited. Each licensee shall:
624	624	593 (1) pay to the board on the day following each day of such running horse racing meeting
625	625	594a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons
626	626	595wagering at the meeting, the percentage to be paid from the 19 per cent and 26 per cent withheld,
627	627	596as provided under this section, from the total amount wagered on straight wagers and exotic
628	628	597wagers, respectively;
629	629	598 (2) allocate from the total amount deposited daily by the patrons wagering at the meeting
630	630	599a sum equal to 8 per cent from each of the respective 19 per cent withheld and 26 per cent 29 of 77
631	631	600withheld as provided in this subsection to be used solely for the payment of purses to the horse
632	632	601owners in accordance with the rules and established customs for the conduct of running horse
633	633	602racing meetings; and
634	634	603 (3) pay a sum equal to 1 per cent of the total handle at the end of its racing schedule to
635	635	604the Massachusetts Thoroughbred Breeders Association, Inc.; provided, however, that the
636	636	605Association shall utilize the monies to develop a program to support horse racing at agricultural
637	637	606fairs including, but not limited to, owners' and breeders' awards for Massachusetts-bred
638	638	607thoroughbreds and provisions to supplement the purses of races or to provide the entire purse for
639	639	608the Massachusetts-bred thoroughbred races.
640	640	609 Each licensee may retain as its commission on the total of all sums so deposited, a sum
641	641	610not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the
642	642	611total amounts wagered less the amounts required to be paid under clauses (1) to (3), inclusive.
643	643	612 (h) All pari-mutuel taxes paid to the board under this section, together with all pari-
644	644	613mutuel taxes paid to the board under section 2 of chapter 23K ½, and all assessments, association
645	645	614licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues, other
646	646	615than unclaimed wagers, paid to the board shall be deposited in the race horse development fund
647	647	616established in chapter 23K.
648	648	617 (j) 3.5 per cent of all purses at all running horse racing meeting licensees' tracks in the
649	649	618commonwealth shall be paid to the Massachusetts Thoroughbred Breeders' Association, Inc.
650	650	619 Section 10. Monies from all unclaimed live wagers made under this chapter and chapter
651	651	62023K ½ shall be deposited with the board. Subject to the rules and regulations established by the
652	652	621board, the board shall deposit the unclaimed live wagers into the purse accounts of the racing 30 of 77
653	653	622meeting licensees that generated those unclaimed live wagers. A notice of the limitation
654	654	623prescribed by this section, in such form as the board shall prescribe, shall be posted by each
655	655	624licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
656	656	625 Section 11. Accurate records and books shall at all times be kept and maintained by each
657	657	626licensee, showing the number, nature and amount of all wagers made in connection with such
658	658	627meeting. The board, or its duly authorized representatives, shall at all reasonable times have
659	659	628access to the records and books of any licensee for the purpose of examining and checking the
660	660	629same, and ascertaining whether or not the proper amount has been or is being paid to the
661	661	630commission as herein provided.
662	662	631 Within 60 days after the close of a racing meeting, each licensee conducting a horse
663	663	632racing meeting shall submit, on forms prescribed by the board, financial statements certified to
664	664	633the board by a certified public accountant; provided, however, that said licensee with the prior
665	665	634written approval of the board, may submit said statements annually within 60 days after the close
666	666	635of its fiscal year, if any. The board, or its duly authorized representatives, shall at all reasonable
667	667	636times have access to all records and books of the licensee for the purpose of examining and
668	668	637certifying the same.
669	669	638 The board may also from time to time require sworn statements of such wagers and may
670	670	639prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make
671	671	640such report as herein provided, or failing or refusing to pay the amount found to be due as
672	672	641provided in this chapter, shall be deemed guilty of larceny and upon conviction shall be punished
673	673	642by a fine of not less than $1,000 nor more than $10,000. 31 of 77
674	674	643 Section 12. The board shall appoint two stewards to each track licensed to conduct racing
675	675	644meetings, who shall not be subject to chapter 31 or section 9A of chapter 30. The board shall
676	676	645assign, by regulation, duties to be performed by him. The compensation of the board-appointed
677	677	646steward shall be fixed by the board.
678	678	647 The board may also appoint one or more other representatives to attend each racing
679	679	648meeting held or conducted under a license issued under this chapter, and the appointment of said
680	680	649representatives shall not be subject to chapter 31 or section 9A of chapter 30. The compensation
681	681	650and duties of each such representative shall be fixed by the board.
682	682	651 Each such representative appointed by the board to attend a racing meeting shall have full
683	683	652and free access to the space or enclosure where the pari-mutuel or certificate system of wagering
684	684	653is conducted or supervised for the purpose only of ascertaining whether or not the provisions of
685	685	654this chapter are being properly observed. They shall also, for the same purpose only, have full
686	686	655and free access to the books, records and papers pertaining to such pari-mutuel or certificate
687	687	656system of wagering. All employees of the board assigned to the tracks for security purposes and
688	688	657all police officers assigned to the board shall be under the control and authority of one of the
689	689	658representatives of the board at each track. Said representative shall have full and free access to
690	690	659any other areas used in connection with the conduct of racing. They shall investigate, ascertain
691	691	660and report to the board in writing under oath as to whether or not he has discovered any violation
692	692	661at such meeting of any of the provisions of this chapter, and, if so, the nature and character of
693	693	662such violations. Such report shall be made within 10 days after the termination of the duties of
694	694	663such representative at any racing meeting. 32 of 77
695	695	664 If any such report shows any violation of this chapter, the board shall transmit a copy of
696	696	665such report to the attorney general for such action as they shall deem proper.
697	697	666 Section 13. The board shall apply to the department of public safety for the assignment of
698	698	667a complement of police officers to the board on a regular basis and said department shall assign
699	699	668such complement to the board. The board shall assign such police officers to guard and protect
700	700	669the lives and safety of the public, property and the animals to be raced at any such meeting, and
701	701	670to perform any such other duties which may be required by said board in order to maintain fair
702	702	671and honest pari-mutuel racing at any such meeting. The police officers so assigned shall, except
703	703	672in the case of an emergency, and while on duty at any such racing meeting, be subject to the
704	704	673operational authority of the board; provided, however, that such assignment or reassignment
705	705	674shall not in any way impair any rights to which any officer may be entitled.
706	706	675 The board shall from funds available pay to the department of public safety the cost of
707	707	676the salaries of the police officers so assigned from funds appropriated to the board.
708	708	677 All assignments and reassignments to the board, except as the commissioner of public
709	709	678safety shall determine that an emergency exists or is threatened, shall be subject to the approval
710	710	679of the chair of the board. Nothing herein shall prevent licensees from applying to the state police
711	711	680if they have jurisdiction in the area where a racing meeting is to be held, or to the police
712	712	681department of a city or town wherein a racing meeting is to be held, in order that such police
713	713	682agency may furnish a police detail for safety or traffic purposes at any racing meeting authorized
714	714	683by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the
715	715	684police officers comprising such detail, plus a sum to cover the administrative expenses incurred
716	716	685by the department of each such police officer. 33 of 77
717	717	686 The board shall employ as many veterinarians, chemists and laboratory technicians as it
718	718	687deems necessary to insure the legitimate performance of the animals to be raced at any racing
719	719	688meetings authorized by this chapter and to protect the health of such animals and the department
720	720	689of public safety shall provide that such veterinarians, chemists and laboratory technicians shall
721	721	690have access to the department's laboratory facilities.
722	722	691 Section 14. The board shall make periodic inspections of all of the installations and
723	723	692facilities operated by its licensees, including stable areas and the office of the racing secretary
724	724	693during the time that entries are being filed. Each member shall from time to time personally visit
725	725	694the jockeys' room to observe the activity of the custodians and valets, and the operation of the
726	726	695clerk of the scales, weighing procedures and security provisions. The activities of stewards,
727	727	696placing judges, patrol judges and starters shall be closely supervised by said board and the
728	728	697calculating and tote control room of the various tracks shall be regularly spot-checked to insure
729	729	698fair and equitable results for the wagering public.
730	730	699 Section 15. The board shall have full power to prescribe rules, regulations and conditions
731	731	700under which all horse races at horse racing meetings shall be conducted in the commonwealth
732	732	701and may by rule or regulation prohibit licensees from admitting minors to horse racing meetings.
733	733	702 The board shall have power to prescribe special rules, regulations and conditions
734	734	703applicable to horse racing meetings held under licenses granted hereunder in connection with a
735	735	704state or county fair, or any exhibition for the encouragement or extension of agriculture.
736	736	705 The board shall prescribe rules and regulations under which betting accounts for account
737	737	706wagering, as provided in section 10 of chapter 23K ½, shall be established, maintained and
738	738	707operated. 34 of 77
739	739	708 Rules and regulations so prescribed shall be printed by the board and furnished in
740	740	709reasonable numbers to anyone who may request them.
741	741	710 Any person violating any such rule or regulation shall, upon a complaint brought by the
742	742	711board, be punished by a fine not exceeding $5,000 or by imprisonment not exceeding one year,
743	743	712or by both.
744	744	713 Section 16. For the purpose of enabling the board to exercise and maintain a proper
745	745	714control over horse racing conducted under the provisions of this chapter, the rules, regulations
746	746	715and conditions prescribed by the board under section 15 shall provide for the licensing and
747	747	716registering at reasonable and uniform fees, of agents, assumed names, colors, partnerships and
748	748	717minor agreements and shall provide for the licensing at reasonable and uniform fees of
749	749	718veterinarians, blacksmiths, owners, trainers, jockeys and stable employees at horse tracks
750	750	719participating in such racing, and any other persons having access to horses and all pari-mutuel
751	751	720clerks and other persons with access to money wagered on races.
752	752	721 Such rules and regulations shall also provide for the fingerprinting of all licensees. Every
753	753	722person so licensed shall be required to display and wear a badge containing a photograph. Such
754	754	723rules and regulations may also provide for the suspension and revocation of licenses so granted
755	755	724and for the imposition on persons so licensed of reasonable forfeitures and penalties for the
756	756	725violation of any rule or regulation prescribed by the board and for the use of the proceeds of such
757	757	726penalties and forfeitures.
758	758	727 The board shall have access to criminal offender record information of applicants for any
759	759	728license granted under this chapter or chapter 23K ¼, including officers, directors and beneficial
760	760	729owners of 10 per cent or more of the stock of a corporation applying for such a license, and for 35 of 77
761	761	730applicants for employment by the board. Such access shall be exercised in accordance with
762	762	731sections 167 to 178, inclusive, of chapter 6.
763	763	732 Section 17. Notwithstanding the provisions of section 5 of chapter 30A, no rule,
764	764	733regulation or condition of the board promulgated under the provisions of this chapter shall take
765	765	734effect except as hereinafter provided.
766	766	735 A copy of every such rule, regulation or condition shall be filed with the clerk of the
767	767	736senate and shall be forthwith referred by them to the joint committee on consumer protection and
768	768	737professional licensure.
769	769	738 Said committee shall file a written report with the clerks of the house and senate within
770	770	73930 days after the filing of the copy thereof with said clerks, stating whether said rules,
771	771	740regulations and conditions are consistent with the statutory provisions under which they were
772	772	741promulgated.
773	773	742 Said rules, regulations and conditions shall take effect unless disapproved by a majority
774	774	743vote of both branches of the general court within 60 days after the filing of the copy thereof with
775	775	744the clerks of the house and senate unless the general court has prorogued within said 60 days.
776	776	745 If the general court prorogues within 60 days of the filing, with the clerks of the house
777	777	746and senate of such rules, regulations and conditions, the clerks of the house and senate shall refer
778	778	747the same to the committee on consumer protection and professional licensure the next session of
779	779	748the general court.
780	780	749 Said committee shall report as hereinbefore provided within 30 days of the first day of
781	781	750such session and such rules, regulations and conditions shall take effect unless disapproved by a 36 of 77
782	782	751majority vote of both branches of the general court within 60 days of the first day of such
783	783	752session.
784	784	753 The clerks of the house and senate shall notify the board of the action taken thereon by
785	785	754the general court.
786	786	755 Notwithstanding the provisions of this section, the board may adopt emergency rules or
787	787	756regulations to protect the health or safety of the public, participants, or animals; provided,
788	788	757however, that no emergency rule or regulation shall attempt to regulate the dates, manner of
789	789	758wagering, or economic terms or conditions of horse racing within the commonwealth; and
790	790	759provided, further, that such emergency rules and regulations shall expire within 90 days.
791	791	760 Section 18. (a) Whoever, being under 21 years old, participates, whether personally or
792	792	761through an agent, in the pari-mutuel or certificate system of wagering at a racing meeting held or
793	793	762conducted by a licensee shall be punished by a fine not to exceed $1,000.
794	794	763 (b) Whoever, being a licensee or an employee of a licensee, who knowingly allows a
795	795	764person under the age of 21 to participate, whether personally or through an agent, in the pari-
796	796	765mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee
797	797	766shall be punished, for a first offense, by imprisonment in the house of correction for not more
798	798	767than 1 year or a fine not to exceed $10,000, or both, and in the case of a person other than a
799	799	768natural person, by a fine not to exceed $500,000 and, for a second or subsequent offense, by
800	800	769imprisonment in the house of correction for not more than 2 years or a fine not to exceed
801	801	770$50,000, or both, and in the case of a person other than a natural person, by a fine not to exceed
802	802	771$1,000,000. 37 of 77
803	803	772 (c) Whoever knowingly participates in the pari-mutuel or certificate system of wagering
804	804	773at a racing meeting held or conducted by such licensee for or on behalf of a person under 21
805	805	774years of age shall be punished by imprisonment in a house of correction for not more than 6
806	806	775months or by a fine of not more than $1,000 or both.
807	807	776 Section 19. Whoever, with intent to defraud, falsely makes, alters or forges a pari-mutuel
808	808	777betting ticket issued under the provisions of section 9, or whoever, with intent to defraud, utters
809	809	778and publishes as true a false, forged or altered pari-mutuel betting ticket issued under the
810	810	779provisions of said section 9, knowing the same to be false, forged or altered, shall be punished by
811	811	780a fine of not more than $1,000 or by imprisonment in the state prison for not more than five years
812	812	781or in a jail for not more than two years.
813	813	782 Section 20. Any person making a handbook, at any race track within the commonwealth,
814	814	783or holding or conducting a gambling pool or managing any other type of wagering or betting on
815	815	784the results of any horse or dog race, or aiding or abetting any of the foregoing types of wagering
816	816	785or betting, except as permitted by this chapter, shall for a first offence be punished by a fine of
817	817	786not more than two thousand dollars and imprisonment for not more than one year, and for a
818	818	787subsequent offence by a fine of not more than $10,000 and imprisonment for not more than two
819	819	788years.
820	820	789 Section 21. Any jockey, trainer or owner of horses participating in horse racing, if found
821	821	790guilty by the board of unfair riding or crooked tactics, may be barred or suspended from further
822	822	791participation in racing throughout the commonwealth.
823	823	792 Section 22. No person shall administer or cause to be administered any drug, internally or
824	824	793externally by injection, drench or otherwise, to any horse for the purpose of retarding, 38 of 77
825	825	794stimulating or in any other manner affecting the speed of such horse in or in connection with a
826	826	795race conducted under the provisions of this chapter. Whoever violates this section shall be
827	827	796punished by a fine of $5,000 or by imprisonment for one year, or both.
828	828	797 Section 23. No person shall influence, induce or conspire or connive with, or attempt so
829	829	798to do, any owner, trainer, jockey, agent, driver, groom or other person associated with or
830	830	799interested in or having charge of or access to any horse entered or to be entered in a race for the
831	831	800purpose of fraudulently affecting the ultimate result of such race. Whoever violates this section
832	832	801shall be punished by a fine of not less than $100 nor more than $3,000 or by imprisonment for
833	833	802not more than one year, or both.
834	834	803 Section 24. Any board member or representative of the board or any person licensed to
835	835	804conduct a horse racing meeting, including racing meetings conducted in connection with state or
836	836	805county fairs, shall have the right to refuse admission to or eject from its premises any person
837	837	806whose presence on said premises is detrimental, in the sole judgment of the board member or
838	838	807representative of the board or of said licensee, to the proper and orderly conduct of a racing
839	839	808meeting.
840	840	809 Any person who has been notified by any board member or representative of the board or
841	841	810a licensee of a racing meeting not to enter or attempt to enter its premises and who thereafter,
842	842	811without the express approval of any board member or representative of the board or the licensee,
843	843	812enters or attempts to enter such premises while a racing meeting is being conducted therein, shall
844	844	813be punished by a fine of not more than $1,000 or by imprisonment for not more than six months,
845	845	814or both. Any person so excluded by any board member or representative of the board or by a
846	846	815licensee shall have a right of appeal to the commission. The commission shall hold a hearing 39 of 77
847	847	816within ten days after any such person requests an appeal and may after such hearing by vote
848	848	817allow such person admission to such meeting.
849	849	818 Section 25. No person shall hold or conduct, or assist, aid or abet in holding or
850	850	819conducting, any horse racing meeting within the commonwealth unless such person shall comply
851	851	820with the provisions of this chapter.
852	852	821 Any person holding or conducting or any person aiding or abetting in holding or
853	853	822conducting, any horse racing meeting within the commonwealth in violation of any of the
854	854	823provisions of this chapter shall, unless some other penalty for such violation is provided in this
855	855	824chapter, be punished for each such offence by a fine of not more than $10,000 or by
856	856	825imprisonment for not more than one year, or both.
857	857	826 For the purpose of this section, each day on which any horse racing meeting shall be held
858	858	827or conducted in violation of any of the provisions of this chapter shall be considered a separate
859	859	828and distinct offence.
860	860	829 Section 26. Notwithstanding the provisions of this chapter or any general or special law
861	861	830to the contrary, no dog racing or racing meeting where any form of betting or wagering on the
862	862	831speed or ability of dogs occurs shall be conducted or permitted in this commonwealth and the
863	863	832board is hereby prohibited from accepting or approving any application or request for racing
864	864	833dates for dog racing.
865	865	834 Any person violating any provision of this section relative to dog racing shall be subject
866	866	835to a civil penalty of not less than $20,000 which shall be payable to the board and used for
867	867	836administrative purposes of the board subject to appropriation. 40 of 77
868	868	837 CHAPTER 23K ½.
869	869	838 SIMULCAST WAGERING OF RACING.
870	870	839 Section 1. As used in this chapter, the following words shall have the following meanings
871	871	840unless the context clearly requires otherwise:
872	872	841 "Advance deposit wagering”, a form of pari-mutuel wagering in which a person deposits
873	873	842money in an account with an advance deposit wagering hub operator licensed by the board to
874	874	843conduct advance deposit wagering. The money is used to pay for pari-mutuel wagers made in
875	875	844person, by telephone, or through a communication by other electronic means on horse or dog
876	876	845races held in or outside the Commonwealth.
877	877	846 "Advance deposit wagering hub operator", a simulcast and interactive wagering hub
878	878	847business operated by a racing meeting licensee or gaming licensee directly, or through an
879	879	848agreement with an authorized and licensed service provider, and licensed by the board that,
880	880	849through a subscriber-based service located in this or another state, conducts pari-mutuel
881	881	850wagering on the races that it simulcasts and on other races that it carries in its wagering menu
882	882	851and that uses a computer that registers bets and divides the total amount bet among those who
883	883	852won.
884	884	853 “Board”, the state racing board established in chapter 23K.
885	885	854 ''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing
886	886	855meeting licensee, the odd cents over any multiple of 10 cents of winnings per 1 dollar wagered.
887	887	856In the case of racing meetings conducted at a host track outside the commonwealth, the amount 41 of 77
888	888	857of the breaks shall be determined in accordance with the laws of the state in which the host track
889	889	858is located.
890	890	859 ''Commission'', the Massachusetts gaming commission established in chapter 23K.
891	891	860 ''Dark days'', those days during a racing season on which live racing is not conducted.
892	892	861 ''Dark season'', that period of consecutive days between racing seasons during which a
893	893	862racing meeting licensee may not conduct live racing performances.
894	894	863 ''Full schedule of live racing performances'', the conduct of no fewer than seven live races
895	895	864at not less than four separate racing performances each full week during a racing season.
896	896	865 “Gaming licensee”, a person or entity who holds a gaming license under chapter 23K.
897	897	866 ''Guest track'', a racing meeting licensee or an out-of-state pari-mutuel wagering facility
898	898	867which accepts any simulcast wager on a live race conducted at another track which is presented
899	899	868by simulcast at its facility.
900	900	869 ''Host track'', a racing meeting licensee or an out-of-state track which conducts a live race
901	901	870which is the subject of inter-track simulcasting and simulcast wagering.
902	902	871 ''Inter-track simulcasting'', the simulcast of a live race conducted at one track to another
903	903	872track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient
904	904	873of the simulcast to accept simulcast wagers on the race.
905	905	874 ''Racing card'', a full program of races on a specified day as approved by the state racing
906	906	875commission at a racing meeting licensee, a pari-mutuel licensee, or other licensed wagering
907	907	876facility located outside the commonwealth. 42 of 77
908	908	877 ''Racing day'', a day on which 1 or more racing performances are conducted.
909	909	878 ''Racing meeting licensee'', a person licensed by the board, under chapter 23K ¼ to
910	910	879conduct live horse racing meetings; provided, however, that for the purposes of this chapter the
911	911	880words racing meeting licensee shall not include licensees holding racing meetings in connection
912	912	881with a state or county fair.
913	913	882 ''Racing performance'', the conduct of at least seven live races during one day.
914	914	883 ''Racing season'', that period of consecutive days including dark days during which a
915	915	884racing meeting licensee conducts a full schedule of live racing performances pursuant to his
916	916	885operating license.
917	917	886 ''Simulcast'', the broadcast, transmission, receipt or exhibition, by any medium or manner,
918	918	887of a live race, including but not limited to, a system, network, or programmer which transmits, or
919	919	888receives, television or radio signals by wire, satellite, or otherwise.
920	920	889 ''Simulcast wager'', a wager taken at a guest track on a race conducted live at another
921	921	890track, whether inside or outside the commonwealth.
922	922	891 "Source market fee", the portion of a wager made with a licensed advance deposit
923	923	892wagering hub operator by a Massachusetts resident that is paid to the board.
924	924	893 ''Takeout'', that amount of money wagered which is not returned as prize money to the
925	925	894wagerers and which does not include the breaks as defined in section 9 of chapter 23K ¼.
926	926	895 Section 2. A racing meeting licensee, except a licensee operating within Berkshire
927	927	896county, or gaming licensee shall have the right to simulcast live races, for wagering purposes or
928	928	897otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel 43 of 77
929	929	898licensees or other licensed wagering facilities located outside the commonwealth. Such right
930	930	899shall only be exercised on any calendar day on which a racing meeting licensee conducts a racing
931	931	900performance, a dark day or during a dark season. Any violation of the provisions of this chapter
932	932	901shall be cause for the board to invoke its power to suspend or revoke a racing meeting licensee’s
933	933	902operating license under section 6 of chapter 23K ¼ or for the commission to invoke its power to
934	934	903suspend or revoke a gaming licensee’s operating license under section 3 of chapter 23K. A
935	935	904racing meeting licensee shall make simulcasts of live races conducted by such racing meeting
936	936	905licensee available to all otherwise eligible racing meeting licensees and gaming licensees who
937	937	906have successfully made application to the board or commission to simulcast, on the same terms,
938	938	907to include economic terms, and conditions.
939	939	908 All racing meeting licensees and gaming licensees, whether acting as a host or guest track
940	940	909for simulcasting purposes shall file with the board, clerk of the senate and clerk of the house of
941	941	910representatives a copy of all contracts, agreements, or conditions under which simulcast events
942	942	911are broadcast, transmitted or received which shall include provisions for takeout, commissions
943	943	912and charges.
944	944	913 No racing meeting licensee, whether acting as a guest track or a host track shall simulcast
945	945	914live races unless said licensee conducts a full schedule of live racing performances during a
946	946	915racing season except that if the board determines that a licensee cannot conduct a full schedule of
947	947	916live racing performances due to weather conditions, race track conditions, strikes, work
948	948	917stoppages, sickness or quarantine not within the control of the licensee, the board may permit the
949	949	918licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will
950	950	919become unable to conduct a full schedule of live racing performances, the board shall suspend
951	951	920such right to simulcast until said licensee conducts or resumes a full schedule of live racing 44 of 77
952	952	921performances; provided, further, that no racing meeting licensee shall simulcast live races unless
953	953	922each said racing meeting licensee is licensed to conduct no fewer than a total of 60 racing
954	954	923performances.
955	955	924 All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978,
956	956	92515 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all
957	957	926simulcasts from states whose racing associations do not require approval in compliance with the
958	958	927Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the
959	959	928month of August, shall require the approval of the New England Horsemen's Benevolent and
960	960	929Protective Association, or other entity deemed appropriate by the board, prior to being simulcast
961	961	930to any racing meeting licensee within the commonwealth; provided, further, that if said
962	962	931association agrees to approve such simulcast for one racing meeting licensee, it shall approve the
963	963	932simulcast for all otherwise eligible racing meeting licensees.
964	964	933 Each racing meeting and gaming licensee shall pay a fee for those days, whether a dark
965	965	934day, a day during a dark season, or any day between periods of racing under an operating license,
966	966	935when no live races are conducted but simulcast races are shown and simulcast wagers are
967	967	936accepted. Such fee shall be determined by the board in accordance with the license fees charged
968	968	937under the provisions of chapter 23K ¼. No other daily fee shall be assessed.
969	969	938 Section 3. All wagers on simulcast races accepted by a racing meeting licensee or gaming
970	970	939licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such
971	971	940licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing
972	972	941meeting licensee which conducts the live race, unless the board approves a different procedure. 45 of 77
973	973	942 The board shall promulgate rules as are necessary to facilitate the commingling of pari-
974	974	943mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on
975	975	944such wagers and to regulate the distribution of net proceeds as provided in this chapter.
976	976	945 Section 4. The unclaimed simulcast wagers collected by the gaming licenses, the running
977	977	946horse racing meeting licensee, and the harness horse racing meeting licensee shall be deposited
978	978	947in a separate account under the control and supervision of the board for payment to the purse
979	979	948accounts of the racing meeting that generated the unclaimed wagers.
980	980	949 Section 5. (a) Each racing meeting licensee within the commonwealth acting as a guest
981	981	950track and simulcasting a live running horse race from a host track within the commonwealth
982	982	951shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the
983	983	952breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund
984	984	953under the direction and supervision of the state racing board members.
985	985	954 Each such racing meeting licensee acting as a guest track shall return to the winning
986	986	955patrons wagering on such simulcast race all sums so deposited as an award or dividend,
987	987	956according to the acknowledged and recognized rules and methods under which such pari-mutuel
988	988	957or certificate system has been operated, less such breaks and less an amount not to exceed 19 per
989	989	958cent of the total amount so deposited by patrons wagering on the speed or ability of any one
990	990	959running horse, also known as a straight wager, and, each such licensee shall return to the winning
991	991	960patrons wagering on the speed or ability of a combination of more than one horse in a single
992	992	961pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such
993	993	962breaks, and less an amount not to exceed 26 per cent of the total amount so deposited. 46 of 77
994	994	963 The licensee shall pay to the board on behalf of the commonwealth on the day following
995	995	964each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the
996	996	965breeders association of the most recent live racing performance at the guest track for the
997	997	966purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum
998	998	967equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid
999	999	968from the 26 per cent withheld to the horse owners at the host track for purses in accordance with
1000	1000	969the rules and established customs of conducting running horse racing meetings or, with the
1001	1001	970approval of the appropriate horsemen's association representing the horse owners racing at that
1002	1002	971meeting, for payment of administrative and horseracing operations; said percentage to be paid
1003	1003	972from the 19 per cent and the 26 per cent withheld, as provided in this section.
1004	1004	973 The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic
1005	1005	974wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the
1006	1006	975straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the
1007	1007	976racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall
1008	1008	977be paid to the horse owners, of the most recent live racing performance at the guest track, for
1009	1009	978purses or, with the approval of the appropriate horsemen's association representing the horse
1010	1010	979owners racing at that meeting, for payment of administrative and horseracing operations, said
1011	1011	980percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
1012	1012	981 (b) Each racing meeting licensee within the commonwealth acting as a guest track and
1013	1013	982simulcasting a live running horse race from a host track from outside the commonwealth shall
1014	1014	983pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such
1015	1015	984breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund
1016	1016	985under the direction and supervision of the state racing board members. 47 of 77
1017	1017	986 Each licensee shall return to the winning patrons all sums so deposited less the breaks
1018	1018	987and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent
1019	1019	988of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction
1020	1020	989exercising regulatory authority over the host track; provided, however, that, from the total of the
1021	1021	990percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the
1022	1022	991commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the
1023	1023	992most recent live racing performance at the guest track for the purposes of promoting the
1024	1024	993respective breeding of the animals in the commonwealth pursuant to law; and the remaining
1025	1025	994percentages shall be retained by the racing meeting licensee as their commission; provided
1026	1026	995further, that the running horse racing meeting licensee and the appropriate horseman's
1027	1027	996association representing the horse owners racing at that race track shall contract between
1028	1028	997themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the
1029	1029	998remaining percentages to be paid to the horse owners.
1030	1030	999 Section 5A. (a) Each racing meeting licensee within the commonwealth acting as a guest
1031	1031	1000track and simulcasting a live harness horse race from a host track within the commonwealth shall
1032	1032	1001pay daily from such simulcast wagers the total sum of the breaks, and a sum equal to 1 per cent
1033	1033	1002of the exotic wagering pool into the trust fund known as the Standardbred Horse Capital
1034	1034	1003Improvements Trust Fund under the direction and supervision of the state racing board members.
1035	1035	1004 Each such racing meeting licensee acting as a guest track shall return to the winning
1036	1036	1005patrons wagering on such simulcast race all sums so deposited as an award or dividend,
1037	1037	1006according to the acknowledged and recognized rules and methods under which such pari-mutuel
1038	1038	1007or certificate system has been operated, less the such breaks and less an amount not to exceed 19
1039	1039	1008per cent of the total amount so deposited by patrons wagering on the speed or ability of any one 48 of 77
1040	1040	1009harness horse, also known as a straight wager, and each such licensee shall return to the winning
1041	1041	1010patrons wagering on the speed or ability of a combination of more than one horse in a single
1042	1042	1011pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such
1043	1043	1012breaks and less an amount not to exceed 26 per cent of the total amount so deposited.
1044	1044	1013 The licensee shall pay to the board on behalf of the commonwealth on the day following
1045	1045	1014each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.25 per cent to the
1046	1046	1015breeders association of the most recent live performance at the guest track for the purpose of
1047	1047	1016promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum
1048	1048	1017equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance
1049	1049	1018with the rules and established customs of conducting harness horse racing meetings; a sum equal
1050	1050	1019to 5.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.5
1051	1051	1020per cent shall be retained by the racing meeting licensee at the guest track; provided, however,
1052	1052	1021that not less than 3.5 per cent shall be paid to the horse owners of the most recent live racing
1053	1053	1022performance at the guest track, for purses, said percentages to be paid from the 19 per cent
1054	1054	1023withheld from the straight wager as provided in this section.
1055	1055	1024 The licensee shall pay to the board on behalf of the commonwealth on the day following
1056	1056	1025each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.75 per cent to the
1057	1057	1026breeders association of the most recent live racing performance at the guest track for the purpose
1058	1058	1027of promoting the respective breeding of such animals in the commonwealth pursuant to law; a
1059	1059	1028sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance
1060	1060	1029with the rules and established customs of conducting harness horse racing meetings; a sum equal
1061	1061	1030to 6.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11
1062	1062	1031per cent shall be retained by the racing meeting licensee at the guest track; provided, however, 49 of 77
1063	1063	1032that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing
1064	1064	1033performance at the guest track, for purses, said percentages to be paid from the 26 per cent
1065	1065	1034withheld from the exotic wager pool as provided in this section.
1066	1066	1035 (b) Each racing meeting licensee within the commonwealth acting as a guest track and
1067	1067	1036simulcasting a live harness horse race from a host track from outside the commonwealth shall
1068	1068	1037pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as
1069	1069	1038the Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of
1070	1070	1039the state racing board members.
1071	1071	1040 Each licensee shall return to the winning patrons all sums so deposited less such breaks
1072	1072	1041and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent
1073	1073	1042of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction
1074	1074	1043exercising regulatory authority over the host track; provided, however, that, from the total of the
1075	1075	1044percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the
1076	1076	1045commonwealth; the sum of 1 per cent of the exotic wagering pool shall be paid daily to the
1077	1077	1046Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of the
1078	1078	1047state racing board members; the sums of 0.25 per cent of the straight wagering pool and 0.75 per
1079	1079	1048cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent
1080	1080	1049live racing performance at the guest track for the purposes of promoting the breeding of the
1081	1081	1050animals in the commonwealth pursuant to law; and the remaining percentages shall be retained
1082	1082	1051by the racing meeting licensee as their commission; provided, however, that the harness horse
1083	1083	1052racing meeting licensee and the appropriate horseman's association representing the horse
1084	1084	1053owners racing at the race track shall contract between themselves a percentage of not less than 4 50 of 77
1085	1085	1054per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse
1086	1086	1055owners.
1087	1087	1056 Section 6. (a) If a new running horse racing meeting licensee should replace the existing
1088	1088	1057running horse meeting licensee during any point in a calendar year and a new contract is not
1089	1089	1058agreed upon between the new running horse meeting licensee and the horseman's association
1090	1090	1059before the start of the next racing season, then the last signed, executed and completed contract
1091	1091	1060between the previous running horse racing meeting licensee and the horseman's association shall
1092	1092	1061remain in effect for the racing season only or until a new contract is agreed upon.
1093	1093	1062 (b) If a new harness horse racing meeting licensee should replace the existing harness
1094	1094	1063horse meeting licensee during any point in a calendar year and a new contract between the new
1095	1095	1064harness horse meeting licensee and the horseman's association is not agreed upon before the start
1096	1096	1065of the next racing season, then the last signed, executed and completed contract between the
1097	1097	1066previous harness horse racing meeting licensee and the horseman's association shall remain in
1098	1098	1067effect for the racing season only or until a new contract is agreed upon
1099	1099	1068 Section 7. Notwithstanding section 2, a running horse racing meeting licensee, excluding
1100	1100	1069a licensee in Berkshire county, which is conducting running horse racing meetings in connection
1101	1101	1070with a state or county fair, may, with the permission of the board and subject to the approval of
1102	1102	1071the city council and mayor or board of selectmen and town meeting of a city or town where the
1103	1103	1072fair is located, and following a demonstration by said licensee of its ability to complete no less
1104	1104	1073than 50 per cent of the live races performances approved by the board, simulcast unlimited
1105	1105	1074thoroughbred horse races and the intrastate live races of the racing meeting licensees in the
1106	1106	1075commonwealth on any day if such simulcast is conducted in connection with a state or county 51 of 77
1107	1107	1076fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the
1108	1108	1077commonwealth except in Berkshire county; but, if the board determines that a licensee cannot
1109	1109	1078conduct 50 per cent of live racing performances due to weather conditions, race track conditions,
1110	1110	1079strikes, work stoppages, sickness or quarantine not within the control of the licensee, the board
1111	1111	1080may permit the licensee to continue simulcasting on that day despite the stoppage of the
1112	1112	1081performances for said reasons. The total number of days of simulcast at the state or county fair,
1113	1113	1082which is licensed by the board for live running horse racing meetings, shall not exceed the total
1114	1114	1083number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The
1115	1115	1084licensee shall simulcast its live racing performances and receive a fee therefor of 11 per cent;
1116	1116	1085provided, however, that said simulcast shall not be considered a live in-state racing performance
1117	1117	1086for purposes of the fourth paragraph of section 2.
1118	1118	1087 The racing meeting licensees conducting running horse racing meetings in connection
1119	1119	1088with a state or county fair and simulcasting a live running horse race from a host track within the
1120	1120	1089commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum
1121	1121	1090equal to 0.125 per cent into the host track trust fund known as the Running Horse Capital
1122	1122	1091Improvements Trust Fund, under the direction and supervision of the state racing board
1123	1123	1092members.
1124	1124	1093 The board shall promulgate rules and regulations for the simulcast of pari-mutuel races in
1125	1125	1094connection with state or county fairs.
1126	1126	1095 Each such racing meeting licensee acting as a guest track shall return to the winning
1127	1127	1096patrons wagering on such simulcast race all sums so deposited as an award or dividend,
1128	1128	1097according to the acknowledged and recognized rules and methods under which such pari-mutuel 52 of 77
1129	1129	1098or certificate system has been operated, less the breaks and less an amount not to exceed 19 per
1130	1130	1099cent of the total amount so deposited by the patrons wagering on the speed or ability of any one
1131	1131	1100running horse, also known as a straight wager, and, each such licensee shall return to winning
1132	1132	1101patrons wagering on the speed or ability of a combination of more than one horse in a single
1133	1133	1102pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks,
1134	1134	1103and less an amount not to exceed 26 per cent of the total amount so deposited; provided,
1135	1135	1104however, that a sum equal to 0.25 per cent of the total amount deposited on said exotic wagering
1136	1136	1105pool shall be payable to the division of fairs of the commonwealth; provided, further, that the
1137	1137	1106division of fairs may expend such funds without further appropriation and for such purposes as
1138	1138	1107authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided,
1139	1139	1108further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal
1140	1140	1109year.
1141	1141	1110 The licensee shall pay to the board on behalf of the commonwealth on the day following
1142	1142	1111each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the
1143	1143	1112breeders' association of the most recent live racing performance at the host track for the purposes
1144	1144	1113of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to
1145	1145	11145 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26
1146	1146	1115per cent withheld to the horse owners at the host track for the purses in accordance with the rules
1147	1147	1116and established customs of conducting running horse racing meetings.
1148	1148	1117 The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic
1149	1149	1118wagering pool shall be paid to the racing meeting licensee at the host track; and 8.75 per cent of
1150	1150	1119the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the
1151	1151	1120racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall 53 of 77
1152	1152	1121be paid to the horse owners, of the most recent live racing performance at the host track, for
1153	1153	1122purses, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in
1154	1154	1123this section.
1155	1155	1124 All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of
1156	1156	11251978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all
1157	1157	1126simulcasts from states which have racing associations that do not require approval in compliance
1158	1158	1127with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts
1159	1159	1128during the month of August, shall require the approval of the New England Horsemen's
1160	1160	1129Benevolent and Protective Association, or other entity deemed appropriate by the board, prior to
1161	1161	1130being simulcast to any racing meeting licensee within the commonwealth; provided further, that
1162	1162	1131if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve
1163	1163	1132the simulcast for all otherwise eligible racing meeting licensees.
1164	1164	1133 Section 8. (a) Each gaming licensee within the commonwealth acting as a guest track and
1165	1165	1134simulcasting a live running or harness horse race from a host track within the commonwealth
1166	1166	1135shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the
1167	1167	1136breaks into the trust fund of the most recent live performance at the guest track under the
1168	1168	1137direction and supervision of the state racing board members.
1169	1169	1138 Each such gaming licensee acting as a guest track shall return to the winning patrons
1170	1170	1139wagering on such simulcast race all sums so deposited as an award or dividend, according to the
1171	1171	1140acknowledged and recognized rules and methods under which such pari-mutuel or certificate
1172	1172	1141system has been operated, less such breaks and less an amount not to exceed 19 per cent of the
1173	1173	1142total amount so deposited by patrons wagering on the speed or ability of any one running horse, 54 of 77
1174	1174	1143also known as a straight wager, and, each such licensee shall return to the winning patrons
1175	1175	1144wagering on the speed or ability of a combination of more than one horse in a single pool, also
1176	1176	1145known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and
1177	1177	1146less an amount not to exceed 26 per cent of the total amount so deposited.
1178	1178	1147 The licensee shall pay to the board on behalf of the commonwealth on the day following
1179	1179	1148each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the
1180	1180	1149breeders association of the most recent live racing performance at the guest track for the
1181	1181	1150purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5
1182	1182	1151per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26
1183	1183	1152per cent withheld to the horse owners at the host track for purses in accordance with the rules and
1184	1184	1153established customs of conducting running horse racing meetings or, with the approval of the
1185	1185	1154appropriate horsemen's association representing the horse owners racing at that meeting, for
1186	1186	1155payment of administrative and horseracing operations; said percentage to be paid from the 19 per
1187	1187	1156cent and the 26 per cent withheld, as provided in this section.
1188	1188	1157 The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic
1189	1189	1158wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the
1190	1190	1159straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the
1191	1191	1160gaming licensee at the guest track; provided, however, that not less than 3.5 per cent shall be
1192	1192	1161paid to the horse owners, of the most recent live racing performance at the guest track, for purses
1193	1193	1162or, with the approval of the appropriate horsemen's association representing the horse owners
1194	1194	1163racing at that meeting, for payment of administrative and horseracing operations, said
1195	1195	1164percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section. 55 of 77
1196	1196	1165 (b) Each gaming licensee within the commonwealth acting as a guest track and
1197	1197	1166simulcasting a live running or harness horse race from a host track from outside the
1198	1198	1167commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the
1199	1199	1168total sum of the such breaks into the trust fund of the most recent live performance at the guest
1200	1200	1169track under the direction and supervision of the state racing board members.
1201	1201	1170 Each licensee shall return to the winning patrons all sums so deposited less the breaks
1202	1202	1171and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent
1203	1203	1172of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction
1204	1204	1173exercising regulatory authority over the host track; provided, however, that, from the total of the
1205	1205	1174percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the
1206	1206	1175commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the
1207	1207	1176most recent live racing performance at the guest track for the purposes of promoting the
1208	1208	1177respective breeding of the animals in the commonwealth under law; and the remaining
1209	1209	1178percentages shall be retained by the gaming licensee as their commission; provided further, that
1210	1210	1179the gaming licensee and the appropriate horseman's association representing the horse owners
1211	1211	1180racing at the host race track shall contract between themselves a percentage of not less than 4 per
1212	1212	1181cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
1213	1213	1182 Section 9. (a) Each racing meeting licensee within the commonwealth acting as a guest
1214	1214	1183track and simulcasting a live greyhound race from a host track from outside the commonwealth
1215	1215	1184shall return to the winning patrons all sums so deposited less such breaks and less either an
1216	1216	1185amount not to exceed 19 per cent of the total amount so deposited or an amount which would be
1217	1217	1186paid under the laws of the jurisdiction exercising regulatory authority over such host track;
1218	1218	1187provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid 56 of 77
1219	1219	1188daily to the board on behalf of the commonwealth; a sum equal to 0.5 per cent of the total
1220	1220	1189amount wagered shall be paid to the Capital Improvement Trust Fund of the racing meeting
1221	1221	1190licensee acting as a guest track under the direction and supervision of the state racing board
1222	1222	1191members; and the remaining percentages shall be retained by the racing meeting licensee as their
1223	1223	1192commission; provided, however, that not less than 3.5 per cent shall be paid to the purses of the
1224	1224	1193racing meeting licensee acting as a guest track, and the remaining portion shall be applied to the
1225	1225	1194expenses as the racing meeting licensee is required to pay under contracts negotiated with the
1226	1226	1195host track.
1227	1227	1196 (b) Each gaming licensee within the commonwealth acting as a guest track and
1228	1228	1197simulcasting a live greyhound race from a host track from outside the commonwealth shall return
1229	1229	1198to the winning patrons all sums so deposited less such breaks and less either an amount not to
1230	1230	1199exceed 19 per cent of the total amount so deposited or an amount which would be paid under the
1231	1231	1200laws of the jurisdiction exercising regulatory authority over such host track; provided, however,
1232	1232	1201that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on
1233	1233	1202behalf of the commonwealth; a sum equal to 0.5 per cent of the total amount wagered shall be
1234	1234	1203paid to the Race Horse Development Fund under the direction and supervision of the board
1235	1235	1204members; and the remaining percentages shall be retained by the gaming licensee as their
1236	1236	1205commission; provided, however, that not less than 3.5 per cent shall be paid to for school aid to
1237	1237	1206cities, towns, regional school districts, counties maintaining agricultural schools, independent
1238	1238	1207vocational schools and independent agricultural and technical schools to be distributed under
1239	1239	1208chapters 70 and 76 of the General Laws and section 3, and the remaining portion shall be applied
1240	1240	1209to the expenses as the gaming licensee is required to pay under contracts negotiated with the host
1241	1241	1210track. 57 of 77
1242	1242	1211 Section 10. (a) The board may license an advance deposit wagering hub operator to
1243	1243	1212conduct advance deposit wagering. The board shall impose an initial non-refundable application
1244	1244	1213fee which of $2,500 which shall be paid by each applicant for such license or renewal thereof.
1245	1245	1214Advance deposit wagering is prohibited and illegal unless it is conducted through an advance
1246	1246	1215deposit wagering hub operator licensed by the board.
1247	1247	1216 (b) A licensed advance deposit wagering hub operator:
1248	1248	1217 (1) may only accept advance deposit wagering money for races conducted in compliance
1249	1249	1218with the interstate horse racing act or by a licensed race meet;
1250	1250	1219 (2) may not accept a wager in an amount in excess of the money on deposit in the account
1251	1251	1220of a person who wishes to make the wager;
1252	1252	1221 (3) may not rebate any money to a bettor based on a wager made under this chapter or
1253	1253	1222chapter 23K ¼;
1254	1254	1223 (4) may not allow a person under 18 years of age to open an account with the advance
1255	1255	1224deposit wagering hub operator, make a wager from an account, or otherwise have access to an
1256	1256	1225account;
1257	1257	1226 (5) shall include a statement in any of its advertising for advance deposit wagering that a
1258	1258	1227person under 18 years of age is not allowed to participate;
1259	1259	1228 (6) shall verify the identification, residence, and age of each person seeking to open an
1260	1260	1229advance deposit wagering account which shall not be assignable or otherwise transferable; 58 of 77
1261	1261	1230 (7) shall utilize personal identification numbers and such other technologies as the board
1262	1262	1231may specify to assure that only the account holder has access to the advance deposit wagering
1263	1263	1232account;
1264	1264	1233 (8) may require a minimum balance in an account, which the board shall prescribe by
1265	1265	1234regulation;
1266	1266	1235 (9) shall utilize appropriate totalizator and accounting controls to safeguard the
1267	1267	1236transmission of wagering data, and keep a system of accounts to maintain a separate record of
1268	1268	1237revenues and an accounting of costs relative to the operation of the hub operator;
1269	1269	1238 (10) shall agree to pay to the board a source market fee in an amount equal to a
1270	1270	1239percentage of the total amount wagered by Massachusetts residents from their accounts with the
1271	1271	1240advance deposit wagering hub operator; and
1272	1272	1241 (11) shall agree to a payment schedule of source market fees on or before the fifth
1273	1273	1242business day of each month covering payments due for the period of the preceding calendar
1274	1274	1243month.
1275	1275	1244 (c) A licensed advance deposit wagering hub operator shall pay a source market fee equal
1276	1276	1245to 5 per cent on each wager accepted from Massachusetts residents. Of the amounts collected
1277	1277	1246under this subsection:
1278	1278	1247 (1) 4 per cent shall be payable to for school aid to cities, towns, regional school districts,
1279	1279	1248counties maintaining agricultural schools, independent vocational schools and independent
1280	1280	1249agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws
1281	1281	1250and section 3; 59 of 77
1282	1282	1251 (2) 6 per cent shall be payable to the Race Horse Development Fund;
1283	1283	1252 (3) 10 per cent shall be payable to the General Fund; and
1284	1284	1253 (4) 80 per cent shall be payable to live race meet licensees based on each live race meet
1285	1285	1254licensee's percentage of the total annual on-track pari-mutuel handle during the previous live race
1286	1286	1255season. Prior to the beginning of each year's live race season, the correct percentage must be
1287	1287	1256distributed by the board to each live race meet licensee to be used for race purses or other
1288	1288	1257purposes that the board considers appropriate for the good of the horseracing industry; provided,
1289	1289	1258however, that a minimum of 20 per cent shall be dedicated to race purses.
1290	1290	1259 (d) Wagers placed with the operators shall result in the combination of all wagers placed
1291	1291	1260with such operators with the wagering pools at the host track so as to produce common pari-
1292	1292	1261mutuel betting pools for the calculation of odds and the determination of payouts from such
1293	1293	1262pools, which payout shall be the same for all winning tickets, irrespective of whether a wager is
1294	1294	1263placed at a host track or at an advance deposit wagering hub operator in compliance with this
1295	1295	1264chapter and chapter 23K ¼.
1296	1296	1265 (e) Each licensee shall, with respect to each betting account established with such
1297	1297	1266licensee, make tax withholdings and provide tax and revenue reporting, all as otherwise required
1298	1298	1267for wagers placed at a racing meeting licensee.
1299	1299	1268 (f) The balance in any betting account maintained by a person licensed under this section,
1300	1300	1269which account has been inactive for a period of 3 years, shall be presumed to be abandoned and
1301	1301	1270paid to the state treasurer under the provisions of chapter 200A. 60 of 77
1302	1302	1271 (g) The licensee may refuse to establish or maintain a betting account and may refuse
1303	1303	1272deposits to any such account if the licensee deems such refusal appropriate; provided, however,
1304	1304	1273that such licensee shall not establish or maintain a betting account for any person who has been
1305	1305	1274banned or prohibited from entering the premises of a racing meeting licensee or gaming
1306	1306	1275establishment in the commonwealth. The licensee may suspend or close any account at any time;
1307	1307	1276provided, however, that the licensee shall return to the account holder any funds that are on
1308	1308	1277deposit in the account at the time it is closed.
1309	1309	1278 (h) No race shall be telecast live to a public location outside of a guest track if used in
1310	1310	1279conjunction with the operation of the account wagering system in a manner that creates an off-
1311	1311	1280track betting center. This section prohibits any contract or other agreement of a person licensed
1312	1312	1281to conduct a running horse or harness horse racing meeting that facilitates or encourages off-
1313	1313	1282track betting as well as any arrangement involving dedicated or direct telephone lines or other
1314	1314	1283electronic connections between the licensee's facility and a public location outside the area of the
1315	1315	1284licensee's facility at which live telecasts of races are presented. This section shall not prohibit
1316	1316	1285television display of races at public locations when account wagering is incidental to the
1317	1317	1286presentation of such races and the telecasting does not occur in conjunction with the operation of
1318	1318	1287an off-track betting center within the commonwealth.
1319	1319	1288 (i) Betting accounts authorized by this section shall be established, maintained and
1320	1320	1289operated in accordance with rules and regulations promulgated by the board. The board shall
1321	1321	1290conduct annual audits of each advance deposit wagering hub operator within 90 days of the end
1322	1322	1291of each calendar year with respect to all monies attributable to account wagers. The board shall
1323	1323	1292report the findings of each such audit within 30 days of the completion of the audit to the house
1324	1324	1293and senate chairs of the joint committee on consumer protection and professional licensure. 61 of 77
1325	1325	1294 (j) A licensee failing to comply with this section shall be punished by a fine of not more
1326	1326	1295than $10,000 or by imprisonment in the house of correction for not more than two years, or both.
1327	1327	1296A licensee failing to comply with the requirements of the section shall also be subject to
1328	1328	1297revocation of their license and civil penalties imposed by the board of not more than $10,000 if,
1329	1329	1298after notice and a hearing, the board finds that a violation has occurred.
1330	1330	1299 Section 11. (a) The board shall have full power to promulgate rules, regulations, and
1331	1331	1300conditions under which all running horse, harness horse, or greyhound racing simulcasts and
1332	1332	1301simulcast and advance deposit wagers shall be conducted in the commonwealth.
1333	1333	1302 (b) Notwithstanding the provisions of this section, the board may adopt emergency rules
1334	1334	1303or regulations to protect the health or safety of the public, participants, or animals, or to insure
1335	1335	1304the integrity of racing and pari-mutuel and advance deposit wagering; provided, however, that no
1336	1336	1305emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or
1337	1337	1306economic terms or conditions of racing within the commonwealth; provided, further, that such
1338	1338	1307emergency rules and regulations shall expire within 90 days of their promulgation.
1339	1339	1308 SECTION 14. Section 2 of chapter 128 of the General Laws, as so appearing, is hereby
1340	1340	1309amended by striking out subsection (g) and inserting in place thereof the following subsection:-
1341	1341	1310 (g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding
1342	1342	1311Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to
1343	1343	1312breeders of such horses in the following manner: in consultation with the Massachusetts Gaming
1344	1344	1313Commission, the Massachusetts Thoroughbred Breeders Association, Inc. shall, from time to
1345	1345	1314time, after discussion with the chair of the state racing board, set the percentages for: (i) bonuses
1346	1346	1315to be awarded to the breeder of a Massachusetts-bred thoroughbred horse of the purse money 62 of 77
1347	1347	1316won by such thoroughbred horse in a pari-mutuel running horse race if such horse finishes first,
1348	1348	1317second, third, fourth or fifth; (ii) incentives to the owner of the stallion, at the time of service to
1349	1349	1318the dam of such purse winner; provided, however, that (A) the stallion shall have been registered
1350	1350	1319by February 1 and stood the entire breeding season for that year in the commonwealth; (B) the
1351	1351	1320horse shall have finished first, second, third, fourth or fifth; and (C) the stallion shall be
1352	1352	1321registered with the Massachusetts Thoroughbred Breeders Association, Inc. and shall not be
1353	1353	1322registered to stand in any other state that year; and (iii) incentives for the purse monies won by
1354	1354	1323such thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held
1355	1355	1324within or outside the commonwealth to the owner of a Massachusetts-bred or accredited horse if
1356	1356	1325such horse finishes first, second, third, fourth or fifth.
1357	1357	1326 The Massachusetts Thoroughbred Breeders Association, Inc. may pay incentives for
1358	1358	1327races to be limited to Massachusetts-bred and accredited thoroughbred race horses from the
1359	1359	1328Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized
1360	1360	1329by the state racing board and after discussion with the chair of said board, and to pay cash
1361	1361	1330incentives to encourage breeding in Massachusetts. Such races may be betting or non-betting
1362	1362	1331races and may or may not be scheduled races by the licensee conducting the racing meeting.
1363	1363	1332Purse monies paid by the association under this section may be in such amounts as the
1364	1364	1333association shall determine and may be the sole cash purse for such races or may be
1365	1365	1334supplemental to the cash purses established by the licensee; provided, however, that such
1366	1366	1335discretion shall include the discretion to set an overall cap on awards earned.
1367	1367	1336 No person shall be eligible for the prizes provided herein unless the following standards
1368	1368	1337are met: 63 of 77
1369	1369	1338 (i)(1) The foal of a thoroughbred mare that drops such foal in the commonwealth and is
1370	1370	1339bred back to a Massachusetts-registered stallion; or (2) the foal of a thoroughbred mare who
1371	1371	1340resides in the commonwealth continuously for at least 90 days, including foaling and foals in the
1372	1372	1341commonwealth, shall be a Massachusetts-bred; or
1373	1373	1342 (ii) Any foal that is raised in the commonwealth for 3 months continuously prior to
1374	1374	1343December 31 of its two-year old year shall be a Massachusetts-accredited horse; and
1375	1375	1344 (iii) Each thoroughbred foal dropped or raised in the commonwealth shall be registered
1376	1376	1345with the Jockey Club, the Massachusetts Gaming Commission, and the Massachusetts
1377	1377	1346Thoroughbred Breeders Association, Inc.; and
1378	1378	1347 (iv) Prior to the first day of September of each year, each person standing a thoroughbred
1379	1379	1348stallion in the commonwealth at either private or public service shall file with the Massachusetts
1380	1380	1349Thoroughbred Breeders Association, Inc.: (A) a list of all thoroughbred mares bred to such
1381	1381	1350stallion in that year; and (B) a verified statement representing that said stallion stood the entire
1382	1382	1351breeding season in the commonwealth.
1383	1383	1352 A Massachusetts-accredited thoroughbred shall be eligible for any Massachusetts bred
1384	1384	1353race, except for Massachusetts restricted stakes races. For Massachusetts bred stake races,
1385	1385	1354Massachusetts-accredited horses may enter to fill the race after all Massachusetts-bred horses
1386	1386	1355have already been entered in the race. A full race shall be determined by Massachusetts
1387	1387	1356Thoroughbred Breeders Association, Inc. and the hosting track for the race.
1388	1388	1357 Prior to the first day of September annually, each person raising a weanling or yearling in
1389	1389	1358the commonwealth for six months prior to December 31 of the horse’s two-year old year shall 64 of 77
1390	1390	1359file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that it
1391	1391	1360is raising the horse in the commonwealth and the location of the horse.
1392	1392	1361 The Massachusetts Thoroughbred Breeders Association, Inc. may pay foaling bonuses to
1393	1393	1362the owner of any mare that foals within the commonwealth. To be eligible for such bonus, prior
1394	1394	1363to foaling, the owner of such mare shall file with the Massachusetts Thoroughbred Breeders
1395	1395	1364Association, Inc. a verified statement that the mare is in foal, the expected due date and the
1396	1396	1365location of the mare.
1397	1397	1366 The Massachusetts Thoroughbred Breeders Association, Inc. may expend up to 12 per
1398	1398	1367cent of the amount received each fiscal year for the program for advertising, marketing,
1399	1399	1368promotion, and administration of the thoroughbred breeding program in the commonwealth.
1400	1400	1369 The state auditor shall twice annually audit the books of the Massachusetts Thoroughbred
1401	1401	1370Breeders Association Inc., to ensure compliance with this section.
1402	1402	1371 SECTION 15. Said section 2 of said chapter 128 of the General Laws, as so appearing, is
1403	1403	1372hereby further amended by striking out subsection (j) and inserting in place thereof the following
1404	1404	1373subsection:-
1405	1405	1374 (j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding
1406	1406	1375Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to
1407	1407	1376breeders of such horses. The representative organization of standardbred breeders and owners
1408	1408	1377approved by the state racing board shall, from time to time in consultation with the chair of the
1409	1409	1378racing board and the commissioner of the department of food and agriculture, set the percentages
1410	1410	1379for purses to be awarded to the breeder of a Massachusetts standardbred horse. 65 of 77
1411	1411	1380 The representative organization of standardbred breeders and owners approved by the
1412	1412	1381state racing commission may pay cash purses and stallion awards for stakes races limited to
1413	1413	1382Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the
1414	1414	1383Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings
1415	1415	1384authorized by the state racing board. Such races may be betting or non-betting races and may or
1416	1416	1385may not be scheduled races by the licensee conducting the racing meeting. All races for the
1417	1417	1386standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and
1418	1418	1387stallion awards paid by the representative organization of standardbred breeders and owners
1419	1419	1388approved by the state racing commission may be paid in such amounts as the representative
1420	1420	1389organization shall determine and may be either the sole cash purse for such races or may be
1421	1421	1390supplemental to the cash purses established by the licensee of the pari-mutuel facility.
1422	1422	1391 The standardbred horses eligible to participate in the purses provided herein shall be
1423	1423	1392limited to those of racing ages 2 and 3 and shall have met the following requirements:
1424	1424	1393 (1) the qualifying standardbred horses shall have been sired by a Massachusetts registered
1425	1425	1394stallion on file with the department of food and agriculture; provided, however, that the stallion
1426	1426	1395shall have stood the entire breeding season of February 1 to July 15, inclusive, in the
1427	1427	1396commonwealth in the year any such eligible foal was conceived; or
1428	1428	1397 (2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred
1429	1429	1398back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the
1430	1430	1399commonwealth from December 1 of the year prior to foaling and continues such residence until
1431	1431	1400foaling and foals in the commonwealth; 66 of 77
1432	1432	1401 (3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the
1433	1433	1402commonwealth shall be registered with the United States Trotting Association and the
1434	1434	1403department of food and agriculture.
1435	1435	1404 Prior to October 1 of each year, each breeder standing a standardbred stallion in the
1436	1436	1405commonwealth at either private or public service shall file with the department of food and
1437	1437	1406agriculture a list of all standardbred mares bred to such stallion in that year and a verified
1438	1438	1407statement representing that the stallion stood the entire breeding season in the commonwealth.
1439	1439	1408 The representative organization may expend up to 8 per cent of the amount received each
1440	1440	1409fiscal year for the program for advertising, marketing, promotion and administration of the
1441	1441	1410standardbred breeding program in the commonwealth.
1442	1442	1411 The state auditor shall annually audit the books of the qualified organization to ensure
1443	1443	1412compliance with this subsection.
1444	1444	1413 SECTION 16. Section 17A of chapter 271 of the General Laws, as amended by section
1445	1445	141418 of chapter 173 of the acts of 2022,, is hereby further amended by striking out the words
1446	1446	1415“section 5C of chapter 128A”, and inserting in place thereof the following words:- section 10 of
1447	1447	1416chapter 23K ½.
1448	1448	1417 SECTION 16A. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
1449	1449	1418hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
1450	1450	1419chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
1451	1451	1420July 31, 2024. 67 of 77
1452	1452	1421 SECTION 16B. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
1453	1453	1422hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
1454	1454	1423chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
1455	1455	1424July 31, 2024.
1456	1456	1425 SECTION 17. Section 12A of chapter 494 of the acts of 1978 is hereby repealed.
1457	1457	1426 SECTION 17A. The introductory paragraph of section 13 of said chapter 494 is hereby
1458	1458	1427amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
1459	1459	1428chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
1460	1460	1429 SECTION 18. Section 13 of said chapter 494 of the acts of 1978 is hereby repealed.
1461	1461	1430 SECTION 18A. Section 15 of said chapter 494 is hereby amended by striking out the
1462	1462	1431words “and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place
1463	1463	1432thereof the following words:- and until July 31, 2024.
1464	1464	1433 SECTION 19. Section 15 of said chapter 494 of the acts of 1978 is hereby repealed.
1465	1465	1434 SECTION 19A. The first paragraph of section 9 of chapter 277 of the acts of 1986 is
1466	1466	1435hereby amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
1467	1467	1436chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
1468	1468	1437 SECTION 20. Section 9 of chapter 277 of the acts of 1986 is hereby repealed.
1469	1469	1438 SECTION 20A. The first sentence of the first paragraph of section 3 of chapter 114 of the
1470	1470	1439acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by
1471	1471	1440section 6 of said chapter 128, and inserting in place thereof the following words:- and until July
1472	1472	144131, 2024. 68 of 77
1473	1473	1442 SECTION 20B. The last paragraph of said section 3 of said chapter 114 is hereby
1474	1474	1443amended by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and
1475	1475	1444inserting in place thereof the following words:- July 31, 2024.
1476	1476	1445 SECTION 20C. The first paragraph of section 4 of said chapter 114 is hereby amended
1477	1477	1446by striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
1478	1478	1447inserting in place thereof the following words:- and until July 31, 2024.
1479	1479	1448 SECTION 20D. The last paragraph of said section 4 of said chapter 114 is hereby
1480	1480	1449amended by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and
1481	1481	1450inserting in place thereof the following words:- July 31, 2024.
1482	1482	1451 SECTION 20E. The first paragraph of section 5 of said chapter 114 is hereby amended
1483	1483	1452by striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128,
1484	1484	1453and inserting in place thereof the following words:- and until July 31, 2024.
1485	1485	1454 SECTION 21. Sections 3 through 5, inclusive, of chapter 114 of the actions of 1991 are
1486	1486	1455hereby repealed.
1487	1487	1456 SECTION 21A. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
1488	1488	1457striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
1489	1489	1458in place thereof the following words:- July 31, 2024.
1490	1490	1459 SECTION 21B. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
1491	1491	1460striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
1492	1492	1461in place thereof the following words:- July 31, 2024. 69 of 77
1493	1493	1462 SECTION 21C. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
1494	1494	1463striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
1495	1495	1464in place thereof the following words:- July 31, 2024.
1496	1496	1465 SECTION 21D. Section 112 of said chapter 194 is hereby amended by striking out the
1497	1497	1466words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
1498	1498	1467the following words:- July 31, 2024.
1499	1499	1468 SECTION 22. Section 92 of chapter 194 of the acts of 2011 is hereby repealed.
1500	1500	1469 SECTION 22A. Section 74 of chapter 10 of the acts of 2015 is hereby amended by
1501	1501	1470striking out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting
1502	1502	1471in place thereof the following words:- July 31, 2024.
1503	1503	1472 SECTION 23. Section 17 of chapter 128 of the acts of 2022 is hereby repealed.
1504	1504	1473 SECTION 24. (a) Notwithstanding the live racing takeout structure under subsection (c)
1505	1505	1474of section 9 of chapter 23K ¼ of the General Laws or the simulcast racing takeout structures
1506	1506	1475under sections 5, 5A and 9 of chapter 23K ½, for not more than 5 years, a new running race
1507	1507	1476horse meeting licensee conducting a running horse racing meeting shall return to the winning
1508	1508	1477patrons wagering on the speed or ability of any one running horse in a race or races all sums so
1509	1509	1478deposited as an award or dividend, according to the acknowledged and recognized rules and
1510	1510	1479methods under which such pari-mutuel or certificate system has been operated, less the breaks
1511	1511	1480and less an amount not to exceed 19 per cent of the total amount so deposited by patrons
1512	1512	1481wagering on the speed or ability of any one running horse; and each such licensee shall return to
1513	1513	1482the winning patrons wagering on the speed or ability of a combination of more than one horse in
1514	1514	1483a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, 70 of 77
1515	1515	1484according to the acknowledged and recognized rules and methods under which such pari-mutuel
1516	1516	1485or certificate system has been operated, less the breaks and less an amount not to exceed 26 per
1517	1517	1486cent of the total amount deposited. Such licensee shall:
1518	1518	1487 (1) pay to the board on the day following each day of such running horse racing meeting
1519	1519	1488a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so
1520	1520	1489wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld,
1521	1521	1490as provided in this section, from the total amount wagered;
1522	1522	1491 (2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day
1523	1523	1492following each day of such running horse racing meeting a sum equal to 1 per cent of the total
1524	1524	1493amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and
1525	1525	1494from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of
1526	1526	1495subsection (g) of section 2 of chapter 128;
1527	1527	1496 (3) allocate from the total amount deposited daily by the patrons wagering at the meeting
1528	1528	1497a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from
1529	1529	1498the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to
1530	1530	1499the horse owners in accordance with the rules and established customs of conducting running
1531	1531	1500horse racing meetings and, with the approval of the appropriate horsemen's association
1532	1532	1501representing the horse owners racing at that meeting, for payment of administrative and
1533	1533	1502horseracing operations, and the monies shall be in addition to monies deposited into a separate
1534	1534	1503purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
1535	1535	1504 (4) pay to Tufts University School of Veterinary Medicine on the day following each day
1536	1536	1505of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited 71 of 77
1537	1537	1506by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for
1538	1538	1507equine research scholarships and loans.
1539	1539	1508 Each such licensee may retain as its commission on the total of all sums so deposited, a
1540	1540	1509sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from
1541	1541	1510the total amounts wagered less the amounts required to be paid under clauses (1) to (6),
1542	1542	1511inclusive.
1543	1543	1512 (b) Each such licensee acting as a guest track and simulcasting a live running or harness
1544	1544	1513horse race from a host track within the commonwealth shall pay daily from such simulcast
1545	1545	1514wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund of the
1546	1546	1515most recent live performance at the guest track under the direction and supervision of the state
1547	1547	1516racing board members.
1548	1548	1517 Each such licensee acting as a guest track shall return to the winning patrons wagering on
1549	1549	1518such simulcast race all sums so deposited as an award or dividend, according to the
1550	1550	1519acknowledged and recognized rules and methods under which such pari-mutuel or certificate
1551	1551	1520system has been operated, less such breaks and less an amount not to exceed 19 per cent of the
1552	1552	1521total amount so deposited by patrons wagering on the speed or ability of any one running horse,
1553	1553	1522also known as a straight wager, and, each such licensee shall return to the winning patrons
1554	1554	1523wagering on the speed or ability of a combination of more than one horse in a single pool, also
1555	1555	1524known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and
1556	1556	1525less an amount not to exceed 26 per cent of the total amount so deposited.
1557	1557	1526 The licensee shall pay to the board on behalf of the commonwealth on the day following
1558	1558	1527each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the 72 of 77
1559	1559	1528breeders association of the most recent live racing performance at the guest track for the
1560	1560	1529purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5
1561	1561	1530per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26
1562	1562	1531per cent withheld to the horse owners at the host track for purses in accordance with the rules and
1563	1563	1532established customs of conducting running horse racing meetings or, with the approval of the
1564	1564	1533appropriate horsemen's association representing the horse owners racing at that meeting, for
1565	1565	1534payment of administrative and horseracing operations; said percentage to be paid from the 19 per
1566	1566	1535cent and the 26 per cent withheld, as provided in this section.
1567	1567	1536 The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic
1568	1568	1537wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the
1569	1569	1538straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the
1570	1570	1539licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the
1571	1571	1540horse owners, of the most recent live racing performance at the guest track, for purses or, with
1572	1572	1541the approval of the appropriate horsemen's association representing the horse owners racing at
1573	1573	1542that meeting, for payment of administrative and horseracing operations, said percentages to be
1574	1574	1543paid from the 19 per cent and 26 per cent withheld as provided in this section.
1575	1575	1544 (c) Each such licensee acting as a guest track and simulcasting a live running or harness
1576	1576	1545horse race from a host track from outside the commonwealth shall pay daily from such simulcast
1577	1577	1546wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund of the
1578	1578	1547most recent live performance at the guest track under the direction and supervision of the state
1579	1579	1548racing board members. 73 of 77
1580	1580	1549 Each licensee shall return to the winning patrons all sums so deposited less the breaks
1581	1581	1550and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent
1582	1582	1551of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction
1583	1583	1552exercising regulatory authority over the host track; provided, however, that, from the total of the
1584	1584	1553percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the
1585	1585	1554commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the
1586	1586	1555most recent live racing performance at the guest track for the purposes of promoting the
1587	1587	1556respective breeding of the animals in the commonwealth under law; and the remaining
1588	1588	1557percentages shall be retained by the licensee as their commission.
1589	1589	1558 (d) Each such licensee acting as a guest track and simulcasting a live greyhound race
1590	1590	1559from a host track from outside the commonwealth shall return to the winning patrons all sums so
1591	1591	1560deposited less such breaks and less either an amount not to exceed 19 per cent of the total
1592	1592	1561amount so deposited or an amount which would be paid under the laws of the jurisdiction
1593	1593	1562exercising regulatory authority over such host track; provided, however, that a sum equal to
1594	1594	15630.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the
1595	1595	1564commonwealth; and the remaining percentages shall be retained by the racing meeting licensee
1596	1596	1565as their commission; provided, however, that not less than 3.5 per cent shall be paid to the purses
1597	1597	1566of the racing meeting licensee acting as a guest track, and the remaining portion shall be applied
1598	1598	1567to the expenses as the racing meeting licensee is required to pay under contracts negotiated with
1599	1599	1568the host track.
1600	1600	1569 SECTION 25. (a) Notwithstanding any general or special law to the contrary, the harness
1601	1601	1570race horse meeting licensee located in Norfolk county licensed to conduct live racing under
1602	1602	1571chapter 128A and simulcast wagering under chapter 128C in calendar year 2020 shall not be 74 of 77
1603	1603	1572subject to the provisions of section 5 of chapter 23K ¼ except for at any time that said licensee
1604	1604	1573ceases live racing operations at the licensee’s location.
1605	1605	1574 (b) The state racing board shall convert said licensee’s live racing license issued under
1606	1606	1575chapter 128A to a live racing license issued under chapter 23K ¼, and shall convert said
1607	1607	1576licensee’s simulcast wagering license issued under chapter 128C to a simulcast wagering license
1608	1608	1577issued under chapter 23K ½ for the remaining duration of time as such chapter 128A and 128C
1609	1609	1578licenses, respectively.
1610	1610	1579 SECTION 26. (a) Notwithstanding any general or special law to the contrary, as of the
1611	1611	1580effective date of this section, no person shall be required to pay any money into the Running
1612	1612	1581Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each
1613	1613	1582established pursuant to section 11 of chapter 494 of the acts of 1978, or into the Harness Horse
1614	1614	1583Capital Improvement Trust Fund and the Harness Horse Promotional Trust Fund, each
1615	1615	1584established pursuant to section 12 of said chapter 494, or into the Greyhound Capital
1616	1616	1585Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established pursuant
1617	1617	1586to section 12A of said chapter 494, all of which funds are referred to in this section as the
1618	1618	1587“Racing Trust Funds.” Any funds that were previously paid into the Racing Trust Funds and had
1619	1619	1588not been expended prior to the effective date of this section shall be paid by the state racing
1620	1620	1589board, without condition or restriction and within 30 days of the effectiveness of this section, to
1621	1621	1590the Race Horse Development Fund established under section 60 of chapter 23K.
1622	1622	1591 (b) Once all funds in a Racing Trust Fund shall have been so paid, the Racing Trust
1623	1623	1592Funds shall be dissolved.
1624	1624	1593 (There is no SECTION 27) 75 of 77
1625	1625	1594 SECTION 28. Notwithstanding chapter 23K ¼ of the General Laws and sections 1, 2 and
1626	1626	15957 of chapter 23K ½ of the General Laws or any other general or special law, rule or regulation to
1627	1627	1596the contrary, the greyhound meeting licensee located in Bristol county and the greyhound
1628	1628	1597meeting licensee located in Suffolk county licensed to conduct live racing under chapter 128A
1629	1629	1598and simulcast wagering under chapter 128C in calendar year 2009, may be authorized by the
1630	1630	1599state racing board to conduct simulcast wagering under said chapter 23K ½ until July 31, 2025;
1631	1631	1600provided, however, that the days between January 1 and December 31 of each year shall be dark
1632	1632	1601days under said chapter 23K ½ and the licensees shall continue to be precluded from conducting
1633	1633	1602live racing during that period and as provided in chapter 388 of the acts of 2008; provided
1634	1634	1603further, that simulcasts shall be subject to section 7 of chapter 23K; provided further, that all
1635	1635	1604simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et
1636	1636	1605seq. or other applicable federal law; provided further, that all simulcasts from states which have
1637	1637	1606racing associations that do not require approval in compliance with the Interstate Horse Racing
1638	1638	1607Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August,
1639	1639	1608shall require the approval of the New England Horsemen's Benevolent & Protective Association,
1640	1640	1609or other entity deemed appropriate by the board, prior to being simulcast to a racing meeting
1641	1641	1610licensee within the commonwealth; and provided further, that if the association agrees to approve
1642	1642	1611the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise
1643	1643	1612eligible racing meeting licensees.
1644	1644	1613 SECTION 28A. Notwithstanding section 2 of chapter 128A of the General Laws and
1645	1645	1614sections 1, 2, 2A and 4 of chapter 128C of the General Laws or any other general or special law
1646	1646	1615to the contrary, the running race horse meeting licensee located in Suffolk county licensed to
1647	1647	1616conduct live racing pursuant to said chapter 128A and simulcast wagering pursuant to said 76 of 77
1648	1648	1617chapter 128C in calendar year 2023 shall remain licensed as a running horse racing meeting
1649	1649	1618licensee until July 31, 2024 and shall remain authorized to conduct simulcast wagering pursuant
1650	1650	1619to said chapter 128C until July 31, 2024; provided, however, that the days between the effective
1651	1651	1620date of this act and July 31, 2023 shall be dark days pursuant to said chapter 128C and the
1652	1652	1621licensee shall be precluded from conducting live racing during that period unless it applies for
1653	1653	1622and is granted a supplemental live racing license pursuant to said chapter 128A; provided further,
1654	1654	1623that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et
1655	1655	1624seq. or other applicable federal law; provided further, that all simulcasts from states which have
1656	1656	1625racing associations that do not require approval in compliance with the Interstate Horse Racing
1657	1657	1626Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s
1658	1658	1627Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within
1659	1659	1628the commonwealth; and provided further, that if the association agrees to approve the simulcast
1660	1660	1629for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing
1661	1661	1630meeting licensees.
1662	1662	1631 SECTION 29. Section 14 is hereby repealed.
1663	1663	1632 SECTION 30. Section 29 shall take effect 6 years after the issuance of a new running
1664	1664	1633race horse license by the state racing board.
1665	1665	1634 SECTION 31. Notwithstanding any general or special law or rule or regulation to the
1666	1666	1635contrary, any general and special laws outside of this Act, licenses, authorizations or approvals
1667	1667	1636relative to horse or dog racing, simulcasting or wagering thereof in effect on or before July 31,
1668	1668	16372024 are hereby repealed after affirmative review by the state racing board. 77 of 77
1669	1669	1638 SECTION 31A. Sections 16A, 16B, 17A, 18A, 19A, 20A, 20B, 20C, 20D, 20E, 21A,
1670	1670	163921B, 21C, 21D, 22A, 23 and 28A shall take effect on July 30, 2023.
1671	1671	1640 SECTION 32. Except as otherwise specified, this act shall take effect on August 1, 2024.