01-30 10:18 1st Sub. (Green) S.B. 156 David P. Hinkins proposes the following substitute bill: 1 Pari-mutuel Horse Racing 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: David P. Hinkins House Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill creates the Pari-mutuel Horse Racing Commission and allows for pari-mutuel 6 horse racing and wagering. 7 Highlighted Provisions: 8 This bill: 9 ▸ defines terms; 10 ▸ creates the Pari-mutuel Horse Racing Commission (commission); 11 ▸ provides for the commission's membership, authority, and duties; 12 ▸ requires the state auditor to audit the commission's accounting; 13 ▸ allows the commission to issue licenses and permits for pari-mutuel events; 14 ▸ allows the commission to enforce fines and penalties for permit and license violations; 15 ▸ requires voters to approve pari-mutuel horse racing and wagering within a county before 16 the commission issues permits in the county; 17 ▸ requires a permittee other than a political subdivision to post a bond or other financial 18 assurance; 19 ▸ provides for simulcasting and advance deposit pari-mutuel wagering; 20 ▸ provides for takeouts of certain percentages from the winning wagers for certain purposes; 21 ▸ prohibits bribery, touting, and wagering involving minors; 22 ▸ requires the identification of horses; 23 ▸ prohibits certain treatment of animals in relation to pari-mutuel events; and 24 ▸ creates restricted accounts. 25 Money Appropriated in this Bill: 26 None 27 Other Special Clauses: 28 None 1st Sub. S.B. 156 1st Sub. (Green) S.B. 156 01-30 10:18 29 Utah Code Sections Affected: 30 ENACTS: 31 63C-32-101, Utah Code Annotated 1953 32 63C-32-201, Utah Code Annotated 1953 33 63C-32-202, Utah Code Annotated 1953 34 63C-32-203, Utah Code Annotated 1953 35 63C-32-204, Utah Code Annotated 1953 36 63C-32-301, Utah Code Annotated 1953 37 63C-32-302, Utah Code Annotated 1953 38 63C-32-303, Utah Code Annotated 1953 39 63C-32-304, Utah Code Annotated 1953 40 63C-32-401, Utah Code Annotated 1953 41 63C-32-402, Utah Code Annotated 1953 42 63C-32-403, Utah Code Annotated 1953 43 63C-32-404, Utah Code Annotated 1953 44 63C-32-405, Utah Code Annotated 1953 45 63C-32-501, Utah Code Annotated 1953 46 63C-32-502, Utah Code Annotated 1953 47 63C-32-503, Utah Code Annotated 1953 48 63C-32-504, Utah Code Annotated 1953 49 63C-32-505, Utah Code Annotated 1953 50 63C-32-601, Utah Code Annotated 1953 51 63C-32-602, Utah Code Annotated 1953 52 53 Be it enacted by the Legislature of the state of Utah: 54 Section 1. Section 63C-32-101 is enacted to read: 55 CHAPTER 32. PARI-MUTUEL HORSE RACING COMMISSION 56 Part 1. General Provisions 57 63C-32-101 . Chapter definitions. 58 As used in this chapter: 59 (1) "Advance deposit pari-mutuel wager" means a wager on the outcome of a pari-mutuel 60 event by an individual who has opened an account in advance with a permittee. 61 (2) "Breakage" means the amount a permittee retains after rounding down a pari-mutuel - 2 - 01-30 10:18 1st Sub. (Green) S.B. 156 62 payout to the nearest increment of 10 cents. 63 (3) "Breeder award" means money that the commission collects and distributes to promote 64 the improved breeding and development of the horse racing industry. 65 (4) "Breeder Award Account" means the restricted account created in Section 63C-32-602. 66 (5) "Commission" means the Pari-mutuel Horse Racing Commission created in Section 67 63C-32-201. 68 (6) "Drug" means a substance foreign to a horse's body, other than food, that is intended to 69 affect the structure or function of the horse's body. 70 (7) "Entry" means a horse entered to compete in a horse race. 71 (8) "Exotic wager" means a wager consisting of a single betting interest on three or more 72 entries. 73 (9) "Handle" means the amount of money wagered in a pari-mutuel pool. 74 (10) "Multiple wager" means a wager consisting of a single betting interest on two entries. 75 (11) "Pari-mutuel Commission Account" means the restricted account created in Section 76 63C-32-601. 77 (12) "Pari-mutuel event" means a horse racing event authorized by the commission. 78 (13) "Pari-mutuel pool" means all the wagers placed on a pari-mutuel event. 79 (14) "Pari-mutuel wagering" means wagering on the outcome of a pari-mutuel event in 80 which: 81 (a) an individual may place a wager of various amounts on an entry in the event; 82 (b) all wagers for the event are pooled and held by the permittee for distribution; and 83 (c) the permittee distributes the total wagers comprising the pari-mutuel pool once the 84 outcome of the event is decided after subtracting: 85 (i) an amount not greater than: 86 (A) for live racing, 25.90%; or 87 (B) for simulcasting, 35%; and 88 (ii) the amount for breakage to holders of tickets on the winning entries. 89 (15)(a) "Participant" means any person with a financial interest or investment in an entry. 90 (b) "Participant" includes the entry's trainer, jockey, and owner. 91 (c) "Participant" does not include a person that places a wager on an entry. 92 (16) "Simulcasting" means the live broadcasting of a pari-mutuel event at a remote location 93 from the pari-mutuel event. 94 (17) "Simulcast wagering" means a wager placed on a simulcast pari-mutuel event. 95 (18) "Steward" means an individual authorized by the commission to enforce this chapter - 3 - 1st Sub. (Green) S.B. 156 01-30 10:18 96 and commission rules under Section 63C-32-203. 97 Section 2. Section 63C-32-201 is enacted to read: 98 Part 2. Pari-mutuel Horse Racing Commission 99 63C-32-201 . Creation -- Membership -- Officers -- Meetings -- Compensation. 100 (1) There is created the Pari-mutuel Horse Racing Commission. 101 (2) The commission is composed of seven individuals, each of whom is appointed by the 102 governor with the advice and consent of the Senate. 103 (3) The governor shall appoint to the commission an individual who: 104 (a) is a resident of the state; 105 (b) reflects the different geographical areas of the state; and 106 (c) can demonstrate experience in horse racing. 107 (4)(a) Except as provided in Subsection (4)(d), a commission member shall serve for a 108 term of four years. 109 (b) The governor may reappoint a commission member to one additional four-year term. 110 (c) A commission member shall continue to serve until the governor appoints and the 111 Senate confirms the member's successor. 112 (d) Notwithstanding Subsection (4)(a), the governor may, at the time of appointment or 113 reappointment, adjust the length of a commission member's term to ensure that terms 114 are staggered so that approximately one half of the commission is appointed every 115 two years. 116 (e) When a vacancy occurs in the commission membership for any reason, the governor 117 shall fill the vacancy for the unexpired term. 118 (f) The governor may remove a commission member for inefficiency, neglect of duty, 119 malfeasance or misfeasance in office, or other good and sufficient cause. 120 (5)(a) A majority of the commission constitutes a quorum. 121 (b) A majority vote of a quorum may act for the commission. 122 (6) The commission shall: 123 (a) elect annually from the commission membership a president and vice-president; 124 (b) hold a fall meeting; 125 (c) hold special meetings at times and places that a majority of the commission 126 determines; and 127 (d) keep a record of the proceedings of the commission. 128 (7) The commission may employ, seasonally or annually: 129 (a) a director who has a working knowledge of pari-mutuel wagering and horse racing; - 4 - 01-30 10:18 1st Sub. (Green) S.B. 156 130 (b) an executive secretary; and 131 (c) a steward described in Section 63C-32-203. 132 (8)(a) A member of the commission who has a personal or private interest in any matter 133 proposed or pending before the commission: 134 (i) shall publicly disclose the member's personal or private interest to the 135 commission; and 136 (ii) may not vote on the proposed or pending matter in which the member has a 137 personal or private interest. 138 (b) A member of the commission who owns or has any interest, or whose spouse or 139 immediate family member has any interest, in an entry in a pari-mutuel event: 140 (i) shall disclose the interest; and 141 (ii) may not participate in a commission decision involving the pari-mutuel event. 142 (9) The commission may provide to a commission member: 143 (a) per diem and travel expenses in accordance with: 144 (i) Section 63A-3-106; 145 (ii) Section 63A-3-107; and 146 (iii) rules that the Division of Finance makes in accordance with Sections 63A-3-106 147 and 63A-3-107; and 148 (b) compensation of $50 for each day during which the member is engaged in the 149 discharge of commission duties except participation at a commission meeting. 150 (10)(a) The Department of Agriculture and Food, created in Section 4-2-102, shall 151 provide staff support for the commission. 152 (b) The commission shall reimburse the Department of Agriculture and Food for all 153 costs and expenses incurred by the Department of Agriculture and Food to staff the 154 commission. 155 Section 3. Section 63C-32-202 is enacted to read: 156 63C-32-202 . Duties --Rulemaking -- Accounting -- Audit. 157 (1) The commission shall: 158 (a) authorize by permit all pari-mutuel events; 159 (b) supervise all pari-mutuel events; 160 (c) announce the place, time, and duration of all pari-mutuel events the commission 161 authorizes by permit; and 162 (d) keep an accurate and true account of all: 163 (i) funds the commission receives; and - 5 - 1st Sub. (Green) S.B. 156 01-30 10:18 164 (ii) payments the commission issues. 165 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 166 commission shall make rules to: 167 (a) establish a process for receiving and reviewing an application for a license or a 168 permit; 169 (b) establish a process for granting a license or a permit; 170 (c) establish fees, in accordance with Section 63J-1-504, for all licenses and permits 171 under this chapter to ensure that the total revenues received by the commission 172 recover the costs of administering this chapter; 173 (d) establish security access safeguards for licensees to use for advance deposit 174 pari-mutuel wagering; 175 (e) prohibit advertising of advance deposit pari-mutuel wagering that the commission 176 determines to be deceptive to the public; 177 (f) establish the number of pari-mutuel event days required to qualify for a simulcasting 178 permit in a manner that ensures fair and equitable involvement of all affected parties, 179 including consideration of the economic viability of those days to the permit 180 applicant; 181 (g) control, supervise, and direct permittees, including: 182 (i) provisions for resolving scheduling conflicts; and 183 (ii) settling disputes between permittees; 184 (h) govern the supervising, disciplining, suspending, fining, and barring from 185 pari-mutuel events of an individual required to be licensed under this chapter; 186 (i) govern the holding, conducting, and operating of all pari-mutuel events; 187 (j) provide for simulcasting, in accordance with Section 63C-32-402, in a manner that 188 protects the public interest; 189 (k) establish a list of allowed drugs for a horse participating in a pari-mutuel event; and 190 (l) establish qualifications for horses that the commission allows to race in a permitted 191 pari-mutuel event. 192 (3)(a) The state auditor or the state auditor's designee shall: 193 (i) audit the commission's accounting described in Subsection (1)(d) at least once 194 every two calendar years; and 195 (ii) deliver a copy of the audit to the commission and the governor within 30 days 196 after the day on which the auditor or the auditor's designee completes the audit. 197 (b) The commission shall bear the cost of the audit described in Subsection (3)(a). - 6 - 01-30 10:18 1st Sub. (Green) S.B. 156 198 Section 4. Section 63C-32-203 is enacted to read: 199 63C-32-203 . Appointment of stewards. 200 (1)(a) The commission shall appoint no less than one steward and no more than three 201 stewards for each pari-mutuel event, including each simulcast event as described in 202 Section 63C-32-402, to enforce the commission's rules. 203 (b) The commission shall ensure that at least one steward described in Subsection (1)(a) 204 is an employee of the commission. 205 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 206 commission shall make rules to grant reasonable and necessary authority to a steward, 207 including authority to: 208 (a) enforce the commission's rules and the requirements in this chapter; 209 (b) rule on the outcome of events; 210 (c) impose a fine or suspension in accordance with Section 63C-32-303; and 211 (d) recommend that the commission impose a larger fine or longer suspension in 212 accordance with Subsection 63C-32-303(4)(b). 213 (3) The commission shall pay a steward an amount set by the commission that includes 214 expenses and mileage. 215 Section 5. Section 63C-32-204 is enacted to read: 216 63C-32-204 . County elections required for pari-mutuel events. 217 (1) The commission may not issue a permit for a pari-mutuel event in a county that: 218 (a) has not voted to allow pari-mutuel events within the county in an election described 219 in Subsection (2); or 220 (b) rejects holding pari-mutuel events within the county in an election described in 221 Subsection (2). 222 (2) On or before December 31, 2025, each county legislative body shall put the question of 223 whether to allow pari-mutuel events within the county to voters in a general or special 224 election called and held in accordance with Sections 20A-1-203 and 20A-1-204. 225 (3) If voters in an election described in Subsection (2) vote to not allow pari-mutuel events 226 within a county, the county legislative body may put the question of whether to allow 227 pari-mutuel events within the county to the voters no sooner than two years after a 228 previous vote. 229 Section 6. Section 63C-32-301 is enacted to read: 230 Part 3. License and Permit Requirements 231 63C-32-301 . License required. - 7 - 1st Sub. (Green) S.B. 156 01-30 10:18 232 (1) The following shall obtain a license from the commission: 233 (a) each applicant for a permit described in Section 63C-32-302; 234 (b) each participant; 235 (c) each employee of a permittee or participant that is directly involved in the horse 236 racing or pari-mutuel wagering activities of the permittee or participant; and 237 (d) any other person that the commission requires to obtain a license under commission 238 rule. 239 (2) The commission may fine a licensee or suspend a license in accordance with Section 240 63C-32-303 and commission rule. 241 (3) An applicant for a pari-mutuel license shall provide to the commission all information 242 necessary for a criminal background check. 243 Section 7. Section 63C-32-302 is enacted to read: 244 63C-32-302 . Permit required -- Conditions. 245 (1) A person shall obtain a permit from the commission before holding or advertising a 246 pari-mutuel event. 247 (2)(a) An application for a permit shall include: 248 (i) the name and identification of the applicant; 249 (ii) a complete financial statement of the applicant; 250 (iii) information about the purpose and use of the permit, including: 251 (A) the events the applicant will conduct under the permit; 252 (B) the manner of wagering for the events that the applicant will conduct under 253 the permit; and 254 (C) the applicant's proposed controls and supervision of an event and wagering at 255 the event; 256 (iv) the names and identification of the individuals who will supervise the manner of 257 wagering; and 258 (v) the license of the applicant as required by Section 63C-32-301. 259 (b) A permit issued under this Subsection (2) authorizes a pari-mutuel event for the 260 times and places described in the permit. 261 (3)(a) The commission may issue a permit to allow a person, including a county, 262 municipality, or county fair board, to hold pari-mutuel events for up to three years 263 from the date of issuance. 264 (b) A permittee under Subsection (2)(a) may not: 265 (i) assign, lease, contract, or otherwise turn over the operation or management of: - 8 - 01-30 10:18 1st Sub. (Green) S.B. 156 266 (A) a permitted pari-mutuel event; or 267 (B) the pari-mutuel system of wagering; or 268 (ii) allow a person other than the permittee to retain any of the money received for 269 admission to the race or from the operations of the pari-mutuel system. 270 (c) The commission shall revoke the permit of a permittee that violates Subsection (3)(b). 271 (d) The commission may issue, amend, or deny permits at the commission's discretion. 272 (4) To obtain a pari-mutuel permit, the permittee shall agree to contribute to the Breeder 273 Award Account: 274 (a) an amount equal to 0.40% of the total handle wagered during the pari-mutuel event; 275 and 276 (b) a sum equal to 20% of the 5% retained under Subsection 63C-32-404(2)(b) on 277 multiple or exotic wagers. 278 Section 8. Section 63C-32-303 is enacted to read: 279 63C-32-303 . License or permit violations -- Fine -- Suspension -- Appeal. 280 (1)(a) If a person violates a commission rule: 281 (i) a steward may impose a fine not to exceed $1,000; and 282 (ii) the commission may impose a fine not to exceed $10,000. 283 (b) A steward shall report to the commission within 24 hours after the fine is imposed: 284 (i) the amount of the fine; 285 (ii) information about the violation, including which commission rule the person 286 violated; and 287 (iii) the name of the person subject to the fine. 288 (c) The commission or a steward shall send written notification to a person subject to a 289 fine. 290 (d) A written notification described in Subsection (1)(c) shall include: 291 (i) the amount of the fine; 292 (ii) which commission rule the person violated; 293 (iii) whether the person is required to pay the fine within 48 hours in accordance with 294 Subsection (1)(e); and 295 (iv) information regarding how to appeal the fine. 296 (e) A permittee or licensee subject to a fine under this chapter shall pay the fine to the 297 commission within 48 hours after the fine is imposed. 298 (2)(a) If a licensee or permittee violates a commission rule: 299 (i) a steward may suspend the license or permit for up to 30 days; and - 9 - 1st Sub. (Green) S.B. 156 01-30 10:18 300 (ii) the commission may suspend the license or permit for any period of time. 301 (b) A steward shall report to the commission within 24 hours after suspending a license 302 or permit: 303 (i) that the steward imposed a license or permit suspension; 304 (ii) information about the violation, including which commission rule the licensee or 305 permittee violated; and 306 (iii) the name of the licensee or permittee subject to suspension. 307 (c) The commission or a steward shall send written notification to a licensee or permittee 308 subject to a license or permit suspension. 309 (d) A written notification described in Subsection (2)(c) shall include: 310 (i) the length of the suspension; 311 (ii) which commission rule the licensee or permittee violated; and 312 (iii) information regarding how to appeal the suspension. 313 (3) The commission or steward imposing a fee or suspension shall ensure that the amount 314 of the fee or the length of the suspension is proportional to the seriousness of the 315 violation. 316 (4)(a) A person may appeal a fine or suspension in writing to the commission within five 317 days after the day on which the person is notified of the fine or suspension. 318 (b) The commission may: 319 (i) affirm or reverse a steward's imposition of a fee or suspension; or 320 (ii) increase or decrease a fine or suspension. 321 Section 9. Section 63C-32-304 is enacted to read: 322 63C-32-304 . Bond of permittees -- Conditions -- Prosecution of bond actions. 323 (1)(a) Subject to the condition described in Subsection (1)(b), the commission may 324 require a permittee to deliver to the commission, in an amount not less than $5,000: 325 (i) a bond signed by a surety company authorized to do business in the state in a form 326 and amount that the commission specifies; 327 (ii) a certificate of deposit; or 328 (iii) an irrevocable letter of credit. 329 (b) The commission may accept the delivery described in Subsection (1)(a) if the 330 permittee: 331 (i) pays to the commission all monies due under this chapter; and 332 (ii) performs other obligations as the commission may require. 333 (c) The commission may exempt a political subdivision, as that term is defined in - 10 - 01-30 10:18 1st Sub. (Green) S.B. 156 334 Section 17-1-102, from the requirements of this Subsection (1). 335 (2) The county attorney of the county in which a pari-mutuel event is held may prosecute 336 an action on the bond described in Subsection (1) on behalf of the commission against a 337 permittee for any reason except for an action involving public liability insurance. 338 Section 10. Section 63C-32-401 is enacted to read: 339 Part 4. Pari-mutuel Events 340 63C-32-401 . Commission supervision of pari-mutuel events. 341 (1) The commission shall: 342 (a) observe and supervise the conduct of pari-mutuel wagering at a pari-mutuel event in 343 accordance with the event's permit; and 344 (b) make the commission's rules available to a participant of an event. 345 (2)(a) The commission may appoint a steward in accordance with Section 63C-32-203, 346 to observe and supervise the conduct of pari-mutuel wagering at a pari-mutuel event. 347 (b) A steward of the commission may freely access each event to which the commission 348 assigns the steward, including accessing associated pari-mutuel booths and records. 349 Section 11. Section 63C-32-402 is enacted to read: 350 63C-32-402 . Simulcasting. 351 (1) A person may not conduct simulcasting without a permit described in Section 352 63C-32-302. 353 (2) The commission may not issue a permit to an applicant for simulcasting unless the 354 applicant is authorized to conduct a pari-mutuel event other than simulcasting. 355 (3) A permittee may conduct simulcasting off the permitted premises of a pari-mutuel event 356 if the county legislative body in the county hosting the simulcasting grants approval. 357 (4)(a) Except as provided in Subsection (4)(b), a permittee may not conduct 358 simulcasting within 100 miles of the premises of a permitted pari-mutuel event. 359 (b) The commission may waive the 100-mile limitation described in Subsection (4)(a) if 360 a permit application for simulcasting includes written approval from the permittee of 361 the pari-mutuel event within the 100-mile limitation. 362 Section 12. Section 63C-32-403 is enacted to read: 363 63C-32-403 . Advance deposit pari-mutuel wagering. 364 (1) The commission may authorize a permittee to conduct advance deposit pari-mutuel 365 wagering at a pari-mutuel event. 366 (2) An authorized permittee under Subsection (1) may not: 367 (a) accept an advance deposit pari-mutuel wager on an advance deposit pari-mutuel - 11 - 1st Sub. (Green) S.B. 156 01-30 10:18 368 wagering account that an individual other than the account owner makes; or 369 (b) allow an individual under 18 years old to open, own, or access an advance deposit 370 pari-mutuel wagering account. 371 (3) An authorized permittee under Subsection (1) shall: 372 (a) confirm the identification of the account owner by using methods and technologies 373 that the commission approves; 374 (b) provide a full accounting and verification of the sources of wagers at the request of 375 the commission and in a form that the commission requires; 376 (c) allow the commission and a commission representative, steward, and agent to access 377 the permittee's premises to ensure the permittee's compliance with this chapter and 378 commission rules; and 379 (d) include a statement in all forms of advertising for advance deposit pari-mutuel 380 wagering accounts that individuals under 18 years old are not allowed to open, own, 381 or access an advance deposit pari-mutuel wagering account. 382 Section 13. Section 63C-32-404 is enacted to read: 383 63C-32-404 . Takeouts -- Payment -- Breakage. 384 (1)(a) On or before the Wednesday following a permittee's pari-mutuel event, a 385 permittee shall: 386 (i) file a report with the commission regarding the total amount of money wagered 387 during an event; and 388 (ii) pay into the Pari-mutuel Commission Account an amount equal to 3% of the total 389 amount described in the report under Subsection (1)(a)(i). 390 (b) The commission shall transfer one-third of the amount described in Subsection 391 (1)(a)(ii): 392 (i) if the permittee is located within the borders of a city or town, in equal shares to 393 the county and the city or town in which the permittee is located; or 394 (ii) if the permittee is not located within the boundaries of a city or town, to the 395 county in which the permittee is located. 396 (2) Subject to Subsection 63C-32-302(5)(a), a permittee may retain an amount equal to: 397 (a) 19.4% of the total handle, as shown by the report described in Subsection (1)(a)(i); 398 (b) 5% of the total amount wagered on multiple or exotic wagers; 399 (c) the breakage, not to exceed 10 cents per winning wager; and 400 (d) unclaimed tickets not claimed within one year following the event for: 401 (i) the expenses of the event; - 12 - 01-30 10:18 1st Sub. (Green) S.B. 156 402 (ii) a purse payout; and 403 (iii) promotion of the racing industry. 404 Section 14. Section 63C-32-405 is enacted to read: 405 63C-32-405 . Horse identification -- Stimulation or retardation of animals 406 prohibited -- Animal testing. 407 (1) A permittee shall ensure that every horse participating in the permittee's pari-mutuel 408 event: 409 (a) participates under the horse's registered name; and 410 (b) is accurately identified. 411 (2) A person may not: 412 (a) substitute a horse approved as an entry; or 413 (b) use any device or means to conceal or confuse the name and identification of a horse. 414 (3) It is unlawful for any person to use or permit to be used a drug or mechanical or 415 electrical device of any kind to stimulate or retard an animal in a permitted pari-mutuel 416 event, except as allowed by the commission under Subsection 63C-32-202(2)(j). 417 (4)(a) A commission member, agent of the commission, or steward may require the 418 testing of an animal to determine whether the animal has been stimulated or retarded 419 in violation of Subsection (3). 420 (b) A veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, shall 421 supervise the testing described in Subsection (4)(a). 422 Section 15. Section 63C-32-501 is enacted to read: 423 Part 5. Criminal Violations 424 63C-32-501 . Operating without a permit -- Criminal penalty. 425 (1) It is unlawful for an individual to hold or conduct a pari-mutuel event or a pari-mutuel 426 system of wagering without a permit described in Section 63C-32-302. 427 (2) A violation of Subsection (1) is a third degree felony. 428 Section 16. Section 63C-32-502 is enacted to read: 429 63C-32-502 . Bribery -- Criminal penalty. 430 (1) It is unlawful bribery for an individual: 431 (a) to give, promise to give, or attempt to give any money, bribe, or thing of value with 432 intent to influence a person to dishonestly umpire, manage, direct, judge, preside, 433 officiate at, or participate in a pari-mutuel event with the intention or purpose of 434 affecting the result of the event; or 435 (b) to receive, agree to receive, or attempt to receive any money, bribe, or thing of value - 13 - 1st Sub. (Green) S.B. 156 01-30 10:18 436 with intent to influence a person to dishonestly umpire, manage, direct, judge, 437 preside, officiate at, or participate in a pari-mutuel event with the intention or purpose 438 of affecting the result of the event. 439 (2) A violation of Subsection (1) is a third degree felony. 440 Section 17. Section 63C-32-503 is enacted to read: 441 63C-32-503 . Touting -- Criminal penalty. 442 (1) It is unlawful touting for an individual: 443 (a) to knowingly persuade, procure, cause, or attempt to persuade, procure, or cause 444 another person to wager on an animal in a pari-mutuel event; or 445 (b) to ask or demand compensation as a reward for information or purported information 446 given in a circumstance described in this Subsection (1). 447 (2) A violation of Subsection (1) is a class B misdemeanor. 448 Section 18. Section 63C-32-504 is enacted to read: 449 63C-32-504 . Betting by minors -- Criminal penalty. 450 (1) It is unlawful for an individual under 18 years old to place or be allowed to place a 451 wager on a pari-mutuel event. 452 (2) A violation of Subsection (1) is a class B misdemeanor. 453 Section 19. Section 63C-32-505 is enacted to read: 454 63C-32-505 . Refusal to leave premises -- Criminal penalty. 455 (1) A commission member, agent of the commission, or steward may exclude from a 456 pari-mutuel event an individual who has been convicted of: 457 (a) bribery as described in Section 63C-32-502; 458 (b) touting as described in Section 63C-32-503; or 459 (c) underage betting or permitting underage betting as described in Section 63C-32-504. 460 (2) It is unlawful for an individual described in Subsection (1) to refuse to leave the 461 premises of a pari-mutuel event when the commission member, agent of the 462 commission, or steward excludes the individual from attendance under Subsection (1). 463 (3) A violation of Subsection (2) is a class B misdemeanor. 464 Section 20. Section 63C-32-601 is enacted to read: 465 Part 6. Restricted Accounts 466 63C-32-601 . Pari-mutuel Commission Restricted Account. 467 (1) There is created a restricted account within the General Fund known as the Pari-mutuel 468 Commission Restricted Account. 469 (2) The account shall consist of: - 14 - 01-30 10:18 1st Sub. (Green) S.B. 156 470 (a) all sums paid to the commission under this chapter except contributions from 471 permittees to the Breeder Award Restricted Account described in Subsection 472 63C-32-302(4); 473 (b) fines and penalties that the commission receives; and 474 (c) interest earned on money in the account. 475 (3) Subject to appropriation by the Legislature, money in the account may be used to pay 476 the expenses the commission incurs in enforcing this chapter, including to: 477 (a) reimburse the costs incurred by the Department of Agriculture and Food, created in 478 Section 4-2-102, to staff the commission under Subsection 63C-32-201(10); and 479 (b) pay and reimburse a steward under Section 63C-32-203. 480 (4) The commission may not incur expenses that exceed the total money in the Pari-mutuel 481 Commission Account. 482 Section 21. Section 63C-32-602 is enacted to read: 483 63C-32-602 . Breeder Award Restricted Account. 484 (1) There is created a restricted account within the General Fund known as the Breeder 485 Award Restricted Account. 486 (2) The account shall consist of: 487 (a) contributions the commission receives described in Subsection 63C-32-302(4); and 488 (b) interest earned on money in the account. 489 (3) Subject to appropriation by the Legislature, money in the account may be used to 490 promote, at the commission's discretion: 491 (a) improved breeding practices; 492 (b) development of the horse industry; and 493 (c) the horse racing commission created in Section 4-38-103. 494 Section 22. Effective Date. 495 This bill takes effect on May 7, 2025. - 15 -